[Federal Register Volume 60, Number 101 (Thursday, May 25, 1995)]
[Proposed Rules]
[Pages 27708-27710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12881]



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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 925


Missouri Abandoned Mine Lands Reclamation (AMLR) Plan

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

ACTION: Proposed rule; reopening and extension of public comment period 
on proposed amendment.

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SUMMARY: OSM is announcing receipt of revisions pertaining to a 
previously proposed amendment to the Missouri AMLR plan (hereinafter 
referred to as the ``Missouri plan'') under the Surface Mining Control 
and Reclamation Act of 1977 (SMCRA). The revisions for Missouri's 
proposed statutes, regulation, and State reclamation plan provisions of 
the Missouri Abandoned Mine Lands program pertain to powers of the Land 
Reclamation Commission, expenditures of the abandoned mine reclamation 
fund, eligible coal lands and water, and a future set-aside program. 
The amendment is intended to revise the Missouri AMLR plan to be 
consistent with the corresponding Federal standards, to clarify 
ambiguities, and to improve operational efficiency.

DATES: Written comments must be received by 4:00 p.m., c.d.t., June 9, 
1995.

.ADDRESSES: Written comments should be mailed or hand delivered to 
Michael C. Wolfrom at the address listed below. [[Page 27709]] 
    Copies of the Missouri 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 Kansas City Field Office.

Michael C. Wolfrom, Acting Director, Kansas City Field Office, Office 
of Surface Mining Reclamation and Enforcement, 934 Wyandotte, Room 500, 
Kansas City, Missouri 64105.
Missouri Department of Natural Resources, Land Reclamation Program, 205 
Jefferson Street, P.O. Box 176, Jefferson City, Missouri 65102, 
Telephone: (314) 751-4041.

FOR FURTHER INFORMATION CONTACT:
Michael C. Wolfrom, telephone: (816) 374-6405.

SUPPLEMENTARY INFORMATION:

I. Background on Title IV of SMCRA

    Title IV of SMCRA established an abandoned mine land (AML) program 
for the purposes of reclaiming and restoring lands and waters adversely 
affected by past mining. The program is funded by a reclamation fee 
levied on the production of coal. Lands and waters eligible for 
reclamation under Title IV are those that are mined or affected by 
mining and abandoned or inadequately reclaimed prior to August 3, 1977, 
and for which there is no continuing reclamation responsibility under 
State or Federal laws. The Omnibus Budget Reconciliation Act of 1990 
(Pub. L. 101-508, Title VI, Subtitle A, Nov. 5, 1990, effective Oct. 1, 
1991) amended SMCRA, to provide changes in the eligibility of project 
sites for AML expenditures. The Secretary adopted AML regulations (59 
FR 28136, May 31, 1994) at 30 CFR Chapter VII, Subchapter R, Parts 795, 
870, 872, 873, 874, 875, 876, and 886 to implement this act. Title IV 
of SMCRA now provides for reclamation of certain mine sites where the 
mining occurred after August 3, 1977. These include interim program 
sites where bond forfeiture proceeds were insufficient for adequate 
reclamation and sites affected any time between August 4, 1977, and 
November 5, 1990, for which there were insufficient funds for adequate 
reclamation due to the insolvency of the bond surety.
    Title IV provides for State submittal to OSM of an AMLR plan. The 
Secretary of the Interior adopted regulations at 30 CFR 870 through 888 
that implement Title IV of SMCRA. Under these regulations, the 
Secretary reviewed the plans submitted by States and solicited and 
considered comments of State and Federal agencies and the public. Based 
upon the comments received, the Secretary determined whether a State 
had the ability and necessary legislation to implement the provisions 
of Title IV. After making such determination, the Secretary decided 
whether to approve the State AMLR program. Approval granted the State 
exclusive authority to administer its plan.
    Upon approval of a State's plan by the Secretary, the State may 
submit to OSM, on an annual basis, an application for funds to be 
expended by that State on specific projects that are necessary to 
implement the approved plan. Such annual requests are reviewed and 
approved by OSM in accordance with the requirements of 30 CFR Part 886.

II. Background on the Missouri Plan

    On January 29, 1982, the Secretary of the Interior approved the 
Missouri plan. General background information on the Missouri plan, 
including the Secretary's findings, the disposition of comments, and 
the approval of the Missouri plan can be found in the January 29, 1982, 
Federal Register (47 FR 4253). Subsequent actions concerning the 
Missouri plan and plan amendments can be found at 30 CFR 925.20 and 
925.25.

III. Proposed Amendment

    By letter dated November 29, 1994, Missouri submitted a proposed 
amendment to its AMLR plan pursuant to SMCRA (administrative record No. 
AML-MO-89). Missouri submitted the proposed amendment in response to a 
September 26, 1994, letter (administrative record No. AML-MO-88) that 
OSM sent to Missouri in accordance with 30 CFR 884.15(b) concerning 
revisions to the AML regulations at 30 CFR Chapter VII, Subchapter R 
(59 FR 28136, May 31, 1994).
    Missouri proposed to amend its statutes at (1) Revised Statutes of 
Missouri (RSMo) Section 444.810.2, pertaining to powers of the Land 
Reclamation Commission (Commission) to require that any rules 
promulgated under the authority of the Commission shall not become 
effective until they are approved by the joint committee on 
administrative rules and to provide the procedures necessary for this 
review and approval process, (2) RSMo Section 444.915.2, pertaining to 
priorities for expenditures of monies deposited to the abandoned mine 
reclamation fund, and (3) RSMo 444.915.3, pertaining to reclamation of 
interim program and insolvent surety coal sites. Missouri also proposed 
to amend its rules at 10 Code of State Regulations (CSR) 40-9.020 
(1)(D) and (E) for general requirements related to the reclamation of 
coal lands and water abandoned after August 3, 1977, and at 10 CSR 40-
9.020(3), concerning the definition of the term ``left or abandoned in 
either an unreclaimed or inadequately reclaimed condition.''
    In addition, Missouri proposed to amend its AML State Reclamation 
Plan at (1) Section 884.13(c)(2), concerning project ranking and 
selection procedures to require the submittal of the Abandoned Mine 
Land Problem Area Description Form (OSM 76), to provide that interim 
program and insolvent surety coal sites mined after August 3, 1977, may 
be eligible for AML funding, and to exclude certain types of sites from 
AML funding, (2) Section 884.13(d)(3), concerning purchasing and 
procurement procedures that restrict the eligibility of bidders and 
their subcontractors on AML contracts, and (3) Section 884.13(d)(4), 
concerning accounting procedures and the use of AML State-share funds 
annually for a future reclamation set-aside program in Missouri.
    OSM announced receipt of the proposed amendment in the December 13, 
1994, Federal Register (59 FR 64176), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on its adequacy (administrative record No. AML-MO-91). 
The public comment period ended on January 12, 1995. At the request of 
the Missouri Department of Natural Resources, OSM held a public meeting 
in Jefferson, Missouri on March 1, 1995. OSM entered a summary of the 
public meeting into the administrative record (administrative record 
No. AML-MO-96).
    During its review of the proposed amendment, OSM identified 
concerns relating to the provisions of (1) RSMo 444.915.3(3), 
concerning the reclamation of sites where mining occurred between 
certain dates and the surety company became insolvent, (2) 10 CSR 40-
9.020(1)(D) and (E), concerning eligible coal lands and waters, and (3) 
Section 884.13(d)(4), concerning the creation of a future reclamation 
set-aside program. OSM notified Missouri of the concerns in a letter 
dated February 16, 1995 (administrative record No. AML-MO-93).
    Missouri responded in a letter dated May 16, 1995, by submitting a 
revised amendment and additional explanatory information 
(administrative record No. [[Page 27710]] AML-MO-100). Missouri 
proposes revisions to and additional explanatory information for (1) 
RSMo 444.915.3(3), pertaining to the reclamation of insolvent surety 
coal sites, (2) 10 CSR 40-9.020(1)(D) and (E), pertaining to priorities 
of eligible coal lands and waters for reclamation and reimbursement for 
the cost of reclamation, and (3) Section 884.13(D)(4) of the AML State 
Reclamation Plan, pertaining to the use of AML State-share funds to 
establish a future set-aside program in Missouri.

IV. Public Comment Procedures

    OSM is reopening the comment period on the proposed Missouri plan 
amendment to provide the public an opportunity to reconsider the 
adequacy of the proposed amendment in light of the additional materials 
submitted. In accordance with the provisions of 30 CFR 884.14 AND 
884.15(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 Missouri 
plan.
    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 Kansas City Field Office 
will not necessarily be considered in the final rulemaking or included 
in the administrative record.

V. 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 rule 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 as 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 925

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: May 19, 1995.
Nancy L. Shaw,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 95-12881 Filed 5-24-95; 8:45 am]
BILLING CODE 4310-05M