[Federal Register Volume 60, Number 182 (Wednesday, September 20, 1995)]
[Proposed Rules]
[Pages 48678-48679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23268]



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DEPARTMENT OF THE INTERIOR
30 CFR Part 950


Wyoming Abandoned Mine Land 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 additional explanatory 
information pertaining to a previously proposed amendment to the 
Wyoming AMLR plan (hereinafter, the ``Wyoming plan'') under the Surface 
Mining Control and Reclamation Act of 1977 (SMCRA). The additional 
explanatory information for Wyoming's proposed statute pertains to the 
amount of a lien placed on private lands upon the completion of 
reclamation operations. The amendment is intended to clarify 
ambiguities and improve operational efficiency.

DATES: Written comments must be received by 4 p.m., m.d.t., October 5, 
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.
Stan Barnard, Acting AML Administrator, 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 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, Wyoming submitted a proposed 
amendment to its plan pursuant to SMCRA (administrative record No. WY-
AML-18-8). Wyoming submitted the proposed amendment at its own 
initiative. The provisions of the Wyoming plan that the State proposed 
to revise were:
    Wyoming Statute (W.S.) 35-11-1206 (a) and (b), liens for 
reclamation on private lands, and W.S.35-11-1209, contractor 
eligibility.
     OSM announced receipt of the proposed amendment in the May 18, 
1995, Federal Register (60 FR 26704), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on its adequacy (administrative record No. WY-AML-18-9). 
The public comment period ended on June 19, 1995.
    During its review of the amendment, OSM identified concerns 
relating to the provisions of W.S.35-11-1206(a) that 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. OSM also identified concerns relating to 
the provisions of W.S.35-11-1206(b) that 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. OSM notified Wyoming of the concerns by letter dated August 8, 
1995 (administrative record No. WY-AML-18-16).
    Wyoming responded in a letter dated August 29, 1995, by submitting 
additional explanatory information concerning W.S. 35-11-1206 (a) and 
(b) and the inclusion of the cost of reclamation in determining the 
amount of the lien to be placed on reclaimed lands (administrative 
record No. WY-AML-18-17). In its response, Wyoming stated that when 
proposed W.S. 35-11-1206 was presented to the Wyoming legislature, 
there was considerable debate on it with regard to a potential 
governmental takings if the property owner had to pay a lien amount 
that 

[[Page 48679]]
was more than the cost to perform the reclamation work. Debate focused 
on who would pay for costs associated with potential lawsuits should a 
lien be placed for more than the reclamation cost, and whether the 
reclamation would be authorized by a property owner if the lien for the 
reclamation exceeded the actual cost of the reclamation. Wyoming 
further stated that over 25,000 acres have been reclaimed since the 
start of the Wyoming AMLR program and that there had never been an 
instance where the cost of reclamation was less than the increase in 
property value.

III. Public Comment Procedures

    OSM is reopening the comment period on the proposed Wyoming 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 Wyoming 
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 Casper Field Office will 
not necessarily be considered in the final rulemaking or included in 
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 950

    Abandoned mine land reclamation program, Intergovernmental 
relations, Surface mining, Underground mining.

    Dated: September 7, 1995.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 95-23268 Filed 9-19-95; 8:45 am]
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