[Federal Register Volume 60, Number 162 (Tuesday, August 22, 1995)]
[Proposed Rules]
[Pages 43575-43577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20723]



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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 931


New Mexico 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 New 
Mexico AMLR plan (hereinafter, the ``New Mexico plan'') under the 
Surface Mining Control and Reclamation Act of 1977 (SMCRA). The 
amendment consists of proposed additions and revisions to New Mexico's 
plan provisions and statute. New Mexico proposes to add plan provisions 
pertaining to contractor responsibilities, exclusion of certain sites 
from eligibility for reclamation under the New Mexico plan, and 
reports. It also proposes to amend its plan by revising the State 
abandoned mine land reclamation statute pertaining to the purpose of 
the statute, definitions, creation of the abandoned mine reclamation 
fund, objectives of the fund, acquisition and reclamation of land 
adversely affected by past mining practices, liens, and emergency 
powers. The amendment is intended to revise the New Mexico plan to be 
consistent with the corresponding Federal regulations and 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 must be received by 4 p.m., m.d.t. on September 6, 1995.

ADDRESSES: Written comments should be mailed or hand delivered to 
Arthur W. Abbs at the address listed below.
    Copies of the New Mexico plan, 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 
Albuquerque Field Office.

Arthur W. Abbs, Acting Director, Albuquerque Field Office, Office of 
Surface Mining Reclamation and Enforcement, 505 Marquette Avenue, NW., 
Suite 1200, Albuquerque, New Mexico 87102
Robert M. Evetts, AML Program Manager, Mining and Minerals Division, 
New Mexico Energy & Minerals Department, 2040 South Pacheco Street, 
Santa Fe, New Mexico 87505, Telephone: (505) 827-5970

FOR FURTHER INFORMATION CONTACT:
Arthur W. Abbs, Telephone: (505) 766-1486.

SUPPLEMENTARY INFORMATION:

I. Background on the New Mexico Plan

    On June 17, 1981, the Secretary of the Interior approved the New 
Mexico plan. General background information on the New Mexico plan, 
including the Secretary's findings, the disposition of comments, and 
the approval of the New Mexico plan can be found in the June 17, 1981, 
Federal Register (46 FR 31641).

II. Proposed Amendment

    By letter dated July 24, 1995, New Mexico submitted a proposed 
amendment to its plan (administrative record No. NM-758) pursuant to 
SMCRA (30 U.S.C. 1201 et seq.). New Mexico submitted the proposed 
amendment in response to a September 26, 1994, letter (administrative 
record No. NM-732) that OSM sent it in accordance with 30 CFR 
884.15(d), and at its own initiative.
    The plan sections that New Mexico proposes to add are: 874.16, 
contractor responsibilities; 875.16, exclusion of certain sites from 
eligibility for reclamation under the plan; 875.20, contractor 
responsibilities; and 886.23(c), reports. The plan provisions of the 
New Mexico Abandoned Mine Reclamation Act (Act) that New Mexico 
proposes to revise are: New Mexico Statute Annotated (NMSA) 69-25B-2, 
purpose of the Act; NMSA 69-25B-3, definitions; NMSA 69-25B-4, creation 
of the abandoned mine reclamation fund; NMSA 69-25B-6, objectives of 
the fund; NMSA 69-25B-7, acquisition and reclamation of land adversely 
affected by past mining practices; NMSA 69-25B-8, liens; and NMSA 69-
25B-12, emergency powers.
    Specifically, New Mexico proposes to revise its plan provisions as 
follows. At sections 874.16 and 875.20, it proposes that low bidders 
for abandoned mine land coal and noncoal projects would have to clear 
OSM's Applicant/Violator System (AVS) prior to New Mexico awarding them 
a contract. Any subcontractor receiving 10 percent or more of the total 
contract funding, and any contract inspector, would also be required to 
receive AVS clearance.
    At section 875.16, New Mexico proposes that it could not expend any 
money from its abandoned mine reclamation fund for the reclamation of 
any project site that has been listed 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.
    At section 886.23(c), New Mexico proposes that it would submit to 
OSM a Form OSM-76, ``Abandoned Mine Land Problem Area Description,'' to 
report the accomplishments achieved through a project.
    Also, New Mexico proposes to revise the plan provisions of the Act 
as follows. At NMSA 69-25B-2, it proposes to delete the legal citation 
for SMCRA and to delete the phrase ``prior to the enactment of that act 
and which'' from the provision which indicates that the purpose of the 
Act is ``to promote the reclamation of mined areas left without 
adequate reclamation prior to the enactment of that act and which 
continue, in their unreclaimed condition, to substantially degrade the 
quality of the environment.''
    At NMSA 69-25B-3, it proposes to revise its definitions for 
``director'' and ``eligible lands and water'' and add a definition for 
``emergency.''
    At NMSA 69-25B-4, it proposes to delete the legal citation for 
SMCRA and to refer to the ``secretary of energy, minerals and natural 
resources'' rather than the ``secretary of energy and minerals.''
    At NMSA 69-25B-6, it proposes to make stylistic changes, delete the 
legal citation for the Act, and delete the word ``coal'' in several 
instances so that the objectives of the State abandoned mine 
reclamation fund are to protect the public against the adverse effects 
of ``mining practices'' and ``mining development'' respectively rather 
than ``coal mining practices'' and ``coal development.''
    At NMSA 69-25B-7, it proposes to make stylistic changes, delete the 
legal citation for the Act, and delete the word ``coal'' in several 
instances so that the section applies to the acquisition and 
reclamation of land adversely affected by ``past mining practices'' 
rather than ``past coal mining practices' and the acquisition and 
reclamation of ``refuse disposal sites'' and ``refuse'' respectively 
rather than ``coal refuse disposal sites'' and ``coal refuse.''
    At NMSA 69-25B-8, it proposes to make stylistic changes and address 
liens for projects that mitigate adverse effects 

[[Page 43577]]
of ``past mining practices'' rather than ``past coal mining 
practices.''
    At NMSA 69-25B-12, it proposes to add a section setting forth 
emergency powers for the director of the Mining and Minerals Division.

III. Public Comment Procedures

    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 New Mexico 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 Albuquerque 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 4:00 p.m., 
m.d.t. on September 6, 1995. 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. The location 
and time of the hearing will be arranged with those persons requesting 
the hearing. 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 pubic 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 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 931

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: August 14, 1995.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 95-20723 Filed 8-21-95; 8:45 am]
BILLING CODE 4310-05-M