[Federal Register Volume 60, Number 96 (Thursday, May 18, 1995)]
[Proposed Rules]
[Pages 26704-26705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12264]



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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 950


Wyoming Abandoned Mine Land Reclamation (AMLR) Plan

agency: Office of Surface Mining Reclamation and Enforcement (OSM), 
Interior.

action: Proposed rule; public comment period and opportunity for public 
hearing on proposed amendment.

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summary: OSM is announcing receipt of a proposed amendment to the 
Wyoming AMLR plan (hereinafter, the ``Wyoming plan'') under the Surface 
Mining Control and Reclamation Act of 1977 (SMCRA). The proposed 
amendment consists of the addition of new provisions to the Wyoming 
plan concerning noncoal lien authority and contractor eligibility. The 
amendment is intended to incorporate the additional flexibility 
afforded by SMCRA, as amended by the Omnibus Budget Reconciliation Act 
of 1990, and to improve operational efficiency.

dates: Written comments must be received by 4:00 p.m., m.d.t., June 19, 
1995. If requested, a public hearing on the proposed amendment will be 
held on June 12, 1995. Requests to present oral testimony at the 
hearing must be received by 4:00 p.m., m.d.t., on June 2, 1995.

addresses: Written comments should be mailed or hand delivered to Guy 
Padgett at the address listed below.
    Copies of the Wyoming plan, the proposed amendment, and all written 
comments received in response to this document will be available for 
public review at the addresses listed below during normal business 
hours, Monday through Friday, excluding holidays. Each requester may 
receive one free copy of the proposed amendment by contacting OSM's 
Casper Field Office.

Guy Padgett, Director, Casper Field Office, Office of Surface Mining 
Reclamation and Enforcement, 100 East B Street, Room 2128, Casper, 
Wyoming 82601-1918.
Bill Garland, Department of Environmental Quality, Abandoned Mine Land 
Division, Herschler Building, Third Floor West, 122 West 25th Street, 
Cheyenne, Wyoming 82002, Telephone: (307) 777-6145.

for further information contact: Guy Padgett, Telephone: (307) 261-
5776.

SUPPLEMENTARY INFORMATION:

I. Background on the Wyoming AMLR Plan

    On February 14, 1983, the Secretary of the Interior approved the 
Wyoming plan. Information pertaining to the general background, 
revisions, and amendments to the initial plan submission, as well as 
the Secretary's findings, the disposition of comments, and the approval 
of the Wyoming plan can be found in the February 14, 1983, Federal 
Register (48 FR 6536). Subsequent actions concerning Wyoming's plan and 
plan amendments can be found at 30 CFR 950.30 and 950.35.

II. Proposed Amendment
    By letter dated April 21, 1995 (administrative record No. WY-AML-
018-8), Wyoming submitted a proposed amendment to its AMLR plan 
pursuant to SMCRA. Wyoming submitted the proposed amendment at its own 
initiative to allow the implementation of two initiatives established 
under Omnibus Budget Reconciliation Act of 1990 (Pub. L. 101-508). 
Wyoming proposes to revise its AMLR plan at Wyoming Statute (W.S.) 35-
11-1206 (a) and (b) to (1) authorize liens against privately-owned land 
adversely affected by past coal or mineral mining practices, (2) limit 
the amount of any lien to the cost of reclamation work or to the amount 
determined by the appraisal to be the increase in the fair market value 
of the land as a result of the restoration, reclamation, abatement, 
control or prevention of the adverse effects of past coal or noncoal 
mining practices, whichever is less, (3) allow the landowner to 
petition the district court for the district in which most of the land 
is located within 60 days of the filing of the lien to determine the 
increase in the fair market value of the land, and (4) provide that the 
amount reported to be the increase in the value of the land, but not 
exceeding the cost of the reclamation work, shall constitute the amount 
of the lien. Wyoming also proposes that the revisions to W.S. 35-11-
1206 (a) and (b) shall take effect on July 1, 1995.
    Wyoming proposes to create W.S. 35-11-1209 to (1) prohibit the 
issuance of contracts under the AMLR program to any construction 
contractor or professional services contractor if any surface coal 
mining and reclamation operation owned or controlled by the contractor 
or any person who owns or controls the contractor has failed to pay its 
coal reclamation fees or has other types of violations, (2) provide 
that the term ``ownership or controlling interest'' means as defined in 
the Federal regulations at 30 CFR 773.5, and (3) provide that the 
Wyoming AMLR program will implement the provisions of this section for 
all new contracts awarded after April 1, 1995.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 884.15(a) and 
884.14(a), OSM is seeking comments on whether the proposed amendment 
satisfies the applicable plan approval criteria of 30 CFR 884.14. If 
the amendment is deemed adequate, it will become part of the Wyoming 
plan.

1. Written Comments

    Written comments should be specific, pertain only to the issues 
proposed in this rulemaking, and include explanations in support of the 
commenter's recommendations. Comments received after the time indicated 
under DATES or at locations other than the Casper Field Office will not 
necessarily be considered in the final rulemaking or included in the 
administrative record.

2. Public Hearing

    Persons wishing to testify at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., m.d.t., 
June 2, 1995. The location and time of the hearing will be arranged 
with those persons requesting the hearing. Any disabled individual who 
has need for a special accommodation to attend a public hearing should 
contact the individual listed under FOR FURTHER 
[[Page 26705]] INFORMATION CONTACT. If no one requests an opportunity 
to testify at the public hearing, the hearing will not be held.
    Filing of a written statement at the time of the hearing is 
requested as it will greatly assist the transcriber. Submission of 
written statements in advance of the hearing will allow OSM officials 
to prepare adequate responses and appropriate questions.
    The public hearing will continue on the specified date until all 
persons scheduled to testify have been heard. Persons in the audience 
who have not been scheduled to testify, and who wish to do so, will be 
heard following those who have been scheduled. The hearing will end 
after all persons scheduled to testify and persons present in the 
audience who wish to testify have been heard.

3. Public Meeting

    If only one person requests an opportunity to testify at a hearing, 
a public meeting, rather than a public hearing, may be held. Persons 
wishing to meet with OSM representatives to discuss the proposed 
amendment may request a meeting by contacting the person listed under 
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the 
public and, if possible, notices of meetings will be posted at the 
locations listed under ADDRESSES. A written summary of each meeting 
will be made a part of the administrative record.

IV. Procedural Determinations

1. Executive Order 12866

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive order 12866 (Regulatory Planning and 
Review).
2. Executive Order 12778

    The Department of the Interior has conducted the reviews required 
by section 2 of Executive Order 12778 (Civil Justice Reform) and has 
determined that this rule meets the applicable standards of subsections 
(a) and (b) of that section. However, these standards are not 
applicable to the actual language of State AMLR plans and revisions 
thereof since each such plan is drafted and promulgated by a specific 
State, not by OSM. Decisions on proposed State AMLR plans and revisions 
thereof submitted by a State are based on a determination of whether 
the submittal meets the requirements of Title IV of SMCRA (30 U.S.C. 
1231-1243) and the applicable Federal regulations at 30 CFR Parts 884 
and 888.

3. National Environmental Policy Act

    No environmental impact statement is required for this title since 
agency decisions on proposed State AMLR plans and revisions thereof are 
categorically excluded from compliance with the National Environmental 
Policy Act (42 U.S.C. 4332) by the Manual of the Department of the 
Interior (516 DM 6, appendix 8, paragraph 8.4B(29)).

4. Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 
3507 et seq.).

5. Regulatory Flexibility Act

    The Department of the Interior has determined that this rule will 
not have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
The State submittal which is the subject of this rule is based upon 
Federal regulations for which an economic analysis was prepared and 
certification made that such regulations would not have a significant 
economic effect upon a substantial number of small entities. 
Accordingly, this rule will ensure that existing requirements 
established by SMCRA or previously promulgated by OSM will be 
implemented by the State. In making the determination as to whether 
this rule would have a significant economic impact, the Department 
relied upon the data and assumptions in the analyses for the 
corresponding Federal regulations.

List of Subjects in 30 CFR Part 950

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: May 12, 1995.
John Heider,
Acting Regional Director, Western Regional Coordinating Center.
[FR Doc. 95-12264 Filed 5-17-95; 8:45 am]
BILLING CODE 4310-05-M