[Federal Register Volume 60, Number 162 (Tuesday, August 22, 1995)]
[Proposed Rules]
[Pages 43577-43579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20722]



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DEPARTMENT OF THE INTERIOR
30 CFR Part 944


Utah 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 Utah 
AMLR plan (hereinafter, the ``Utah plan'') under the Surface Mining 
Control and Reclamation Act of 1977 (SMCRA). The proposed amendment 
consists of the addition of new rules to the Utah plan concerning 
definitions of certain terms, general reclamation requirements for coal 
lands and waters, eligible lands and water prior to certification, 
certification of completion of coal sites, eligible lands and water 
subsequent to certification, exclusion of certain noncoal reclamation 
sites, extension of land acquisition authority and lien requirements to 
noncoal, limited liability, contractor responsibility, and reports. It 
also consists of editorial revisions and deletion of certain provisions 
concerning State reclamation grants. The amendment is intended to 
incorporate the additional flexibility afforded by SMCRA, and to 
improve operational efficiency.

DATES: Written comments must be received by 4 p.m. m.d.t., September 
21, 1995. If requested, a public hearing on the proposed amendment will 
be held on September 18, 1995. Requests to present oral testimony at 
the hearing 

[[Page 43578]]
must be received by 4 p.m., m.d.t., on September 6, 1995.

ADDRESSES: Written comments should be mailed or hand delivered to James 
F. Fulton at the address listed below.
    Copies of the Utah 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 
Denver Field Division, Western Regional Coordinating Center.

James F. Fulton, Chief, Denver Field Division, Western Regional 
Coordinating Center, Office of Surface Mining Reclamation and 
Enforcement, 1999 Broadway, Suite 3320, Denver, Colorado 80202
Mary Ann Wright, Administrator, Abandoned Mine Reclamation Program, 
Department of Natural Resources, Division of Oil, Gas and Mining, 3 
Triad Center, Suite 350, 355 West North Temple, Salt Lake City, Utah 
84180-1203, Telephone: (801) 538-5340

FOR FURTHER INFORMATION CONTACT:
James F. Fulton, Telephone: (303) 672-5524.

SUPPLEMENTARY INFORMATION:

I. Background on the Utah AMLR Plan

    On June 3, 1983, the Secretary of the Interior approved the Utah 
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 Utah 
plan can be found in the June 3, 1983, Federal Register (48 FR 24876). 
Subsequent actions concerning Utah's plan and plan amendments can be 
found at 30 CFR 944.20 and 944.25.

II. Proposed Amendment

    By letter dated August 2, 1995 (administrative record No. UT-1071), 
Utah submitted a proposed amendment to its plan pursuant to SMCRA. Utah 
submitted the proposed amendment in response to OSM's 30 CFR 884.15(d) 
letter dated September 26, 1994 (administrative record No. UT-1011).
    Utah is proposing to revise its AMLR plan by adding new provisions 
to the Utah Administrative Rules (Utah Admin. R.) 643-870-500 through 
643-886-200. Specifically, Utah proposes to revise (1) Utah Admin. R. 
643-870-500 by providing definitions for the terms ``eligible lands and 
water,'' ``left or abandoned in either an unreclaimed or inadequately 
reclaimed condition,'' and ``Secretary;'' (2) Utah Admin. R. 643-874-
100, -110, -124 through -128, -130 through -132, -140 through -144, -
150, and -160, by providing general reclamation requirements for coal 
lands and waters, including interim program and bankrupt surety coal 
sites, reclamation objectives and priorities, utilities and other 
facilities, limited liability, and contractor responsibility; (3) Utah 
Admin. R. 643-875-120 and -122 through -125, by providing eligibility 
requirements for noncoal lands and water prior to certification; (4) 
Utah Admin. R. 643-875-130 through -133, by providing requirements 
related to certification of completion of all coal-related reclamation; 
(5) Utah Admin. R. 643-875-140 through -142, -150 through -155, -160, -
170, -180, -190, and -200, by providing eligibility requirements for 
lands and water subsequent to certification, including reclamation 
priorities for noncoal, exclusion of certain noncoal reclamation sites, 
land acquisition authority, lien requirements, limited liability, and 
contractor responsibility for noncoal; and (6) Utah Admin. R. 643-886-
232.240, by providing a requirement for submission of Form OSM-76, 
``Abandoned Mine Land Problem Area Description,'' upon project 
completion to report the accomplishments achieved through the project.
    Utah also proposes editorial revisions at (1) Utah Admin. R. 643-
877-141, pertaining to the extension of right of entry for emergency 
reclamation to noncoal; (2) Utah Admin. R. 643-879-141, -152.200, -153, 
and -154, pertaining to the authority of the Board of Oil, Gas and 
Mining (Board) or Division of Oil, Gas and Mining (Division) for 
certain actions related to the management of acquired land and 
disposition of reclaimed land; (3) Utah Admin. R. 643-882-132, 
pertaining to the authority of the Division to waive liens against 
reclaimed land; and (4) Utah Admin. R. 643-884-150, pertaining to 
submission to the Director of OSM of a Utah plan amendment.
    In addition, Utah is proposing to delete provisions at Utah Admin. 
R. 643-886-130 through 190, pertaining to the grant period, annual 
submission of projects, grant application procedures, grant agreements, 
grant and budget revisions, and audits as they relate to State 
reclamation grants.

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 Utah 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 Denver Field Division, 
Western Regional Coordinating Center, 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 4:00 p.m., 
m.d.t., September 6, 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 
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. 

[[Page 43579]]


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 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 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 944

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: August 11, 1995.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 95-20722 Filed 8-21-95; 8:45 am]
BILLING CODE 4310-05-M