[Federal Register Volume 60, Number 157 (Tuesday, August 15, 1995)]
[Rules and Regulations]
[Pages 42040-42042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19981]



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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 901


Alabama Abandoned Mine Land Reclamation Plan

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

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is approving a proposed amendment to the Alabama abandoned 
mine land reclamation plan (hereinafter referred to as the ``Alabama 
plan'') under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA). Alabama proposed revisions and additions to its plan 
pertaining to contractor bidder eligibility screening, exclusion of 
certain noncoal sites from reclamation, requirement of form submission 
upon project completion, and removal of fourth priority for noncoal 
reclamation sites. The amendment is intended to revise the Alabama plan 
to be consistent with the corresponding Federal regulations and SMCRA.

EFFECTIVE DATE: August 15, 1995.

FOR FURTHER INFORMATION CONTACT:
Jesse Jackson, Jr., Director, Birmingham Field Office, OSM, 135 Gemini 
Circle, Suite 215, Birmingham, Alabama 35209, Telephone: (205) 290-
7287.

SUPPLEMENTARY INFORMATION: 

I. Background on the Alabama Plan.
II. Submission of the Proposed Amendment.
III. Director's Findings.
IV. Summary and Disposition of Comments.
V. Director's Decision.
VI. Procedural Determinations.

I. Background on the Alabama Plan

    On May 20, 1982, the Secretary of the Interior approved the Alabama 
plan. Background information on the Alabama plan, including the 
Secretary's findings, the disposition of comments, and the approval of 
the plan can be found in the May 20, 1982, Federal Register (47 FR 
22062). Subsequent actions concerning the conditions of approval and 
amendments to the plan can be found at 30 CFR 901.25.

II. Submission of the Proposed Amendment

    By letter dated December 5, 1994 (Administrative Record No. AL-
512), Alabama submitted a proposed amendment to its plan pursuant to 
SMCRA in response to a September 2, 1994, letter that OSM sent to 
Alabama in accordance with 30 CFR 884.15(d). Alabama proposed to amend 
two sections of its plan. At ``Administrative and Management Structure 
of the Alabama Abandoned Mine Land Reclamation Program Pursuant to 30 
CFR Part 884.13(d),'' Alabama proposed to incorporate a contractor 
responsibility requirement under OSM's Applicant Violator System (AVS) 
for the reclamation of coal and noncoal sites. At ``Ranking and 
Selection Procedures Pursuant to 30 CFR Part 884.13(c)(2),'' Alabama 
proposed to exclude certain noncoal sites from reclamation and require 
submission of form OSM-76 upon project completion.
    OSM announced receipt of the proposed amendment in the December 19, 
1994, Federal Register (59 FR 65287), and in the same document opened 
the public comment period and provided an opportunity for a public 
hearing on the adequacy of the proposed amendment. The public comment 
period closed on January 18, 1995.
    During its review of the amendment, OSM identified concerns 
relating to Alabama's organizational chart, personnel positions, 
identification of agencies, purchasing and procurement functions, 
resolution of audits, research and development, ranking and selection 
parameters, site evaluation, and final project selection.
    OSM notified Alabama of these concerns by letter dated March 1, 
1995 (Administrative Record No. AL-0534). By letters dated March 27, 
1995 (Administrative Record No. AL-0535) and April 18, 1995 
(Administrative Record No. AL-0539), Alabama responded to OSM's 
concerns by submitting additional explanatory information and revisions 
to its proposed plan amendment.
    Alabama proposed additional revisions to its administrative and 
management structure and ranking and selection procedures which are 
intended to clarify its personnel positions and organizational 
structure and its procedure for the prioritization and selection of 
projects.
    Because the additional explanatory information and revisions 
submitted by Alabama merely clarified the provisions of the proposed 
plan amendment, OSM did not reopen the public comment period.

III. Director's Findings

    Set forth below, pursuant to SMCRA and the Federal regulations at 
30 CFR 884.14 and 884.15, are the Director's findings concerning the 
proposed amendment.
    Revisions not specifically discussed below concern nonsubstantive 
wording changes, or revised cross-references and paragraph notations to 
reflect organizational changes resulting from this amendment.

1. Procedures for Ranking and Selecting Abandoned Mine Land Reclamation 
Projects
    A. Preliminary Site Evaluation. Alabama is proposing to revise its 
ranking and selection procedures for abandoned mine land (AML) 
reclamation projects. Specifically, at section II(B)2d, Alabama is 
proposing to delete the requirement that a project be evaluated 
according to whether or not it will be designated a ``Research and 
Demonstration Project'' to develop new technology. At section II(B)3d, 
Alabama is proposing to delete priority 4--Research and Development, 
and at section II(B)3j, it is proposing to delete priority 10--Public 
Facilities (Non-Coal).
    Section 403(a) of SMCRA defines the priorities for the expenditures 
of moneys on eligible lands and waters which were mined for coal or 
affected by such mining. As amended by the Energy Policy Act of 1992, 
this section no longer authorizes funding of a research and development 
priority. Sections 411(c) and (e) of SMCRA define the priorities for 
non-coal sites. The Director finds that the proposed deletions at 
sections II(B)2d, II(B)3d, and II(B)3j do not render the Alabama 
program less effective than sections 403(a) and 411(c) and (e) of 
SMCRA.
    B. Intensive Site Evaluation. At section II(D), Alabama is 
proposing to modify its site parameters to correspond with the current 
list of resource values reviewed under the National Environmental 
Policy Act, adding the noise and topography parameters.
    The Federal regulations at 30 CFR 884.13(c) require that the State 
provide a description of the policies and procedures it will follow in 
conducting the reclamation program. The Director finds the proposed 
revisions at section II(D) to be consistent with the Federal 
regulations at 30 CFR 884.13(c) and not inconsistent with section 
403(a) of SMCRA.
    C. Exclusion of Certain Noncoal Reclamation Sites. At section 
II(F), Alabama is proposing to add a new section--Exclusion of Certain 
Noncoal 

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Reclamation Sites--which provides that money from the AML reclamation 
fund not be used for the reclamation of sites and areas designated for 
remedial action pursuant to the Uranium Mill Tailings Radiation Control 
Act of 1978 or the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980.
    The Director finds that the proposed addition at section II(F) is 
substantively identical to and therefore no less effective than section 
411(d) of SMCRA.
    D. Consultation. At section II(G)6, Alabama is proposing to add to 
its consultation list regional planning and development districts 
affected by individual projects and deleting the Alabama Department of 
Economic and Community Affairs.
    The Federal regulations at 30 CFR 884.13(c)(3) and (c)(7) require 
that the State provide procedures for public participation and 
involvement in the State reclamation program. The Director finds the 
proposed revisions at section II(G)6 to be not inconsistent with the 
Federal regulations at 30 CFR 884.13(c)(3) and (c)(7).
    E. Completion Report. At section II(I), Alabama is adding the 
requirement that Form OSM-76, ``Abandoned Mine Land Problem Area 
Description,'' be submitted upon project completion.
    The Federal regulations at 30 CFR 884.13(c) require that the State 
describe the policies and procedures to be followed in conducting the 
reclamation program. The Director finds the proposed addition at 
section II(I) to be consistent with the Federal regulations at 30 CFR 
884.13(c) and 30 CFR 886.23(c).

2. Administrative and Management Structure

    A. Personnel. At section I(C), Alabama is proposing to revise its 
listing of job titles to include ``Abandoned Mine Land Chief Planner'' 
and delete ``Right-of-Way Specialist III.'' Other minor changes to its 
job classification system have also been made.
    B. Personnel Policies. At section III, Alabama is proposing to 
revise its personnel policies to make non-substantive wording changes.
    C. Purchasing and Procurement Policies. At section V, Alabama is 
proposing to require that to receive AML funds for coal or noncoal 
reclamation, every successful bidder for an AML contract must be 
eligible under 30 CFR 773.15(b)(1) (Review of Violations) at the time 
of contract award to receive a permit or conditional permit to conduct 
surface coal mining operations. Bidder eligibility must be confirmed by 
OSM's AVS.
    The Federal regulations at 874.16 and 875.20 require that 
successful bidders for an AML contract must be eligible under 30 CFR 
773.15(b) at the time of contract award to receive a permit to conduct 
surface coal mining operations. Bidder eligibility must be confirmed by 
OSM's AVS for each contract to be awarded. The Director finds the 
changes at sections I and III are consistent with requirements found at 
30 CFR 884.13(d)(2) and (3). The Director finds the proposed revisions 
at section V to be consistent with the Federal regulations at 30 CFR 
874.16 and 875.20.

IV. Summary and Disposition of Comments

Public Comments

    The Director solicited public comments and provided an opportunity 
for a public hearing on the proposed amendment. No public comments were 
received, and because no one requested an opportunity to speak at a 
public hearing, no hearing was held.

Federal Agency Comments

    Pursuant to 884.14(a)(2) and 884.15(a), the Director solicited 
comments on the proposed amendment from various other Federal agencies 
with an actual or potential interest in the Alabama plan. The 
Department of the Interior, Bureau of Mines; the Department of the 
Army, Corps of Engineers; and the Department of Agriculture, Natural 
Resources Conservation Service concurred without comment.

Environmental Protection Agency (EPA)

    Pursuant to 30 CFR 732.17(h)(11)(ii), the Director solicited the 
written concurrence of the Administrator of the EPA with respect to 
those provisions of the proposed plan amendment which relate to air or 
water quality standards promulgated under the authority of the Clean 
Air Act (42 U.S.C. 7401 et seq.) or the Clean Water Act (33 U.S.C. 1252 
et seq.). None of the revisions that Alabama proposed to make in its 
amendment pertain to air or water quality standards. Therefore, no 
response was received from EPA, neither was one necessary.

V. Director's Decision

    Based on the above findings, the Director approves the proposed 
plan amendment as submitted by Alabama on December 5, 1994, and as 
revised on March 27, 1995, and April 18, 1995.

VI. Procedural Determinations.

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).

Executive Order 12778

    The Department of the Interior has conducted the reviews required 
by section 2 of Executive Order 12778 and has determined that, to the 
extent allowed by law, 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 and Tribal abandoned 
mine land reclamation plans and revisions thereof since each such plan 
is drafted and adopted by a specific State or Tribe, not by OSM. 
Decisions on proposed State and Tribal abandoned mine land reclamation 
plans and revisions thereof submitted by a State or Tribe 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 Federal regulations at 
30 CFR Parts 884 and 888.

National Environmental Policy Act

    No environmental impact statement is required for this rule since 
agency decisions on proposed State and Tribal abandoned mine land 
reclamation 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)].
Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by the Office of Management and Budget under the 
Paperwork Reduction Act, 44 U.S.C. 3507 et seq.

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 submittal which is the subject to this rule is based upon 
corresponding 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 
previously promulgated by OSM will be implemented. In making the 

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determination as to whether this rule would have a significant economic 
impact, the Department relied upon the data and assumptions in the 
analysis for the corresponding Federal regulations.

List of Subjects in 30 CFR Part 901

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: August 3, 1995.
Brent Wahlquist,
Regional Director Mid-Continent Regional Coordinating Center.

    For the reasons set out in the preamble, Title 30, Chapter VII, 
Subchapter T of the Code of Federal Regulations is amended as set forth 
below:

PART 901--ALABAMA

    1. The authority citation for Part 901 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.

    2. Section 901.25 is amended to add paragraph (e) to read as 
follows:


Sec. 901.25  Amendment to approved Alabama abandoned mine land 
reclamation plan.

* * * * *
    (e) The Alabama amendment pertaining to the Alabama abandoned mine 
land reclamation plan, as submitted to OSM on December 5, 1994, and 
revised on March 27, 1995, and April 18, 1995, is approved effective 
August 15, 1995.

[FR Doc. 95-19981 Filed 8-14-95; 8:45 am]
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