[Federal Register Volume 61, Number 35 (Wednesday, February 21, 1996)]
[Rules and Regulations]
[Pages 6537-6540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3820]



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DEPARTMENT OF THE INTERIOR
30 CFR Part 950

[SPATS No. WY-024-FOR]


Wyoming Abandoned Mine Land Reclamation Plan

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

ACTION: Final rule; approval of amendment.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is approving, with certain exceptions and additional requirements, a 
proposed amendment to the Wyoming Abandoned Mine Land Reclamation 
(AMLR) plan (hereinafter referred to as the ``Wyoming plan'') under the 
Surface Mining Control and Reclamation Act of 1977 (SMCRA). Wyoming is 
revising and adding statutes pertaining to noncoal lien authority and 
contractor eligibility. The amendment revises the Wyoming plan to be 
consistent with SMCRA, to incorporate the additional flexibility 
afforded by the revised Federal regulations, and to improve operational 
efficiency.

EFFECTIVE DATE: February 21, 1996.

FOR FURTHER INFORMATION CONTACT: Guy Padgett, Casper Field Office, 
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. General background information on the Wyoming plan, 
including the Secretary's findings and the disposition of comments, 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, 950.35, and 950.36.

II. Proposed Amendment

    By letter dated April 21, 1995, Wyoming submitted a proposed 
amendment to its plan (administrative record No. WY-AML-18-8) pursuant 
to SMCRA (30 U.S.C. 1201 et seq.). Wyoming submitted the proposed 
amendment at its own initiative and in response to a September 26, 
1994, letter (administrative record No. WY-AML-18-1) that OSM sent to 
Wyoming in accordance with 30 CFR 884.15(b).
    The provisions of Wyoming's statute that Wyoming proposed to revise 
and add were: Wyoming Statute (W.S.) 35-11-1206(a) and (b), liens for 
reclamation on private land, and W.S. 35-11-1209(a) and (b), 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). 
Because no one requested a public hearing or meeting, none was held. 
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 and the amount of the 
lien placed on reclaimed private lands. OSM notified Wyoming of the 
concerns by letter dated August 9, 1995 (administrative record No. WY-
AML-18-16). Wyoming responded in a letter dated August 29, 1995, by 
submitting additional explanatory information for W.S. 35-11-1206 
regarding the cost of reclamation in the lien computation 
(administrative record No. WY-AML-18-17).
    Based upon the additional explanatory information for the proposed 
plan amendment submitted by Wyoming, OSM reopened the public comment 
period in the September 20, 1995, Federal Register (60 FR 48678, 
administrative record No. WY-AML-18-18). The public comment period 
closed on October 5, 1995.

III. Director's Findings

    As discussed below, the Director, in accordance with SMCRA and 30 
CFR 884.14 and 884.15, finds, with certain exceptions and additional 
requirements, that the proposed plan amendment submitted by Wyoming on 
April 21, 1995, and as supplemented with additional explanatory 
information on August 29, 1995, is in compliance with the Federal 
regulations at 30 CFR Subchapter R and is consistent with SMCRA. Thus, 
the Director approves, with certain exceptions and additional 
requirements, the proposed amendment.

1. W.S. 35-11-1206(a) and (b), Liens for Reclamation on Private Lands

    Wyoming proposed to add the following italicized language to its 
provisions at W.S. 35-11-1206(a), concerning liens for reclamation on 
private lands, by providing, in part, that

[w]ithin six (6) months after the completion of projects to restore, 
reclaim, abate, control or prevent adverse effects of past coal or 
mineral mining practices on privately owned land, the director [of 
the Abandoned Mine Land Division] shall itemize the monies expended 
and may file a lien against the property with the appropriate county 
clerk. If the monies expended result in a significant increase in 
property value, a notarized appraisal by an independent appraiser 
shall be filed with the lien. The lien shall not exceed the cost of 
reclamation work or 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 mineral mining practices, whichever 
is less.


    In addition, Wyoming proposed the addition of the italicized 
language at W.S. 35-11-1206(b) to provide that


[t]he landowner may petition the district court for the district in 
which the majority of the land is located within sixty (60) days of 
the filing of the lien to determine the increase in the fair market 
value of the land. The amount reported to be the increase in value 
of the premises, but not exceeding the cost of the reclamation work, 
shall constitute the amount of the lien and shall be recorded with 
the lien.

    As discussed below, the counterparts to these proposed State 
provisions are at sections 408 and 411(g) of SMCRA and in the Federal 
regulations at 30 CFR Part 882.
    Section 408(a) of SMCRA requires that the lien shall not exceed the 
amount determined by the appraisal to be the increase in the market 
value of the land as a result of the restoration, reclamation, 
abatement, control, or prevention of the adverse effects of past coal 
mining practices. Section 408(b) of SMCRA provides that the landowner 
may petition to determine the increase in the market value of the land 
reclaimed and that the amount reported to be the increase in value of 
the premises shall constitute the amount of the lien. Section 411(g) of 
SMCRA allows the provisions of section 408 to be applied to noncoal 
sites after a State's 

[[Page 6538]]
certification of completion of coal projects. OSM announced in the May 
25, 1984, Federal Register (49 FR 22139) that Wyoming had certified to 
the completion of, or was in the process of completing, the reclamation 
of all known coal-related impacts eligible for funding under the 
State's AMLR program, and accordingly, Wyoming could use AMLR funds for 
noncoal projects that do not directly relate to public health or 
safety.
    The Federal regulations at 30 CFR Part 882, which concern 
reclamation on private coal or noncoal land, provide at 882.12(a) that 
the appraisal shall state the estimated market value of the property in 
its unreclaimed condition and of the same property as reclaimed, and at 
882.13(a), that OSM, the State, or Indian tribe has the discretionary 
authority to place or waive a lien against land reclaimed if the 
reclamation results in a significant increase in the ``fair market 
value.''
    The Director finds that the language proposed by Wyoming at W.S. 
35-11-1206(a) that allows the Abandoned Mine Land Division (Division) 
to place liens on lands affected by past mineral mining practices after 
the completion of projects to restore, reclaim, abate, control, or 
prevent adverse impacts on such lands is consistent with sections 408 
and 411(g) of SMCRA. Therefore, the Director approves the revision of 
W.S. 35-11-1206(a) allowing liens to be placed on private lands 
adversely effected by past mineral mining practices.
    In addition, the Director finds that the language proposed by 
Wyoming at W.S. 35-11-1206 (a) and (b) that limits the lien amount to 
the cost of reclamation work or the increase in the fair market value 
in inconsistent with SMCRA and the Federal regulations to the extent 
that sections 408 (a) and (b) of SMCRA and the Federal regulations at 
30 CFR Part 882 do not allow for a lien that is less than the increase 
in the fair market value of the reclaimed land (i.e., they do not 
provide for a lien that is equal to the cost of reclamation work if the 
cost of reclamation work is less than the increase in the fair market 
value). Therefore, although the Director approves the work ``fair'' in 
proposed W.S. 35-11-1206(a) and (b), he does not approve the phrases 
``cost of the reclamation work or the'' and ``whichever is less'' in 
W.S. 35-11-1206(a) and the phrase ``but not exceeding the cost of the 
reclamation work,'' in W.S. 35-11-1206(b). The Director requires 
Wyoming to remove these phrases from W.S. 35-11-1206(a) and (b).

2. W.S. 35-11-1209, Contractor Eligibility

    (a) W.S. 35-11-1209(a).--Wyoming proposed to create W.S. 35-11-
1209(a) to require that the Division will not issue a contract to any 
construction contractor or professional services contractor if any 
surface coal mining and reclamation operation owned or controlled by 
the contractor, or by any person who owns or controls the contractor, 
has any (1) delinquent abandoned mine reclamation fees, (2) Federal or 
State failure-to-abate cessation orders, (3) unabated Federal or State 
imminent harm cessation orders, (4) delinquent civil penalties issued 
under SMCRA, (5) bond forfeitures where the violation upon which the 
forfeiture was based has not been corrected, and (6) unabated 
violations of Federal or State laws, rules, or regulations pertaining 
to air or water environmental protection incurred in connection with 
any surface coal mining operation.
    There is no direct counterpart to these provisions in SMCRA. 
However, the Federal regulations at 30 CFR 874.16 (for coal) and 875.20 
(for noncoal) do correspond to the proposed State statutory provisions 
and they provide that every successful bidder for an AMLR contract must 
be eligible under 30 CFR 773.15(b)(1) at the time of contract award to 
receive a permit or conditional permit to conduct surface coal mining 
operations and that bidder eligibility will be confirmed by OSM's 
automated Applicant/Violator System (AVS) for each contract to be 
awarded.
    Wyoming proposed at W.S. 35-11-1209(a) certain provisions 
concerning issuance of an AMLR contract to any construction contractor 
or professional services contractor that are substantively identical to 
counterpart provisions provided at 30 CFR 773.15(b)(1), which is 
referenced at 30 CFR 874.16 and 875.20. Specifically, Wyoming included 
at paragraphs (i), (v), and (vi) delinquent abandoned mine reclamation 
fees, bond forfeitures involving uncorrected violations, and unabated 
violations of Federal and State laws, rules, and regulations pertaining 
to air or water environmental protection incurred in connection with 
any surface coal mining operation. The Director finds that the proposed 
criteria provided at W.S. 35-11-1209(a)(i), (v), and (vi) are in 
compliance with 30 CFR 874.16 and 875.20 and he approves these 
provisions.
    Wyoming proposed at W.,S. 35-11-1209(a)(ii) and (iii) other 
requirements that are not in compliance with 30 CFR 874.16 and 875.20. 
Wyoming's proposed list of criteria that prohibit the awarding of an 
AMLR contract do not include all of the criteria of the referenced 
Federal regulation at 30 CFR 773.15(b)(1). In drafting the language for 
W.S. 35-11-1209(a), Wyoming used provisions substantively identical to 
language that previously existed in 30 CFR 773.15(b)(1). However, 
Wyoming was not aware of or did not take into account revisions to this 
Federal regulation that OSM published in the October 28, 1994, Federal 
Register (59 FR 54306).
    The Federal regulations at 30 CFR 773.15(b)(1) now include, in 
addition to the criteria included in Wyoming's proposed statute, 
violations ``of the Act [(SMCRA)], any Federal rule or regulation 
promulgated pursuant thereto, [and of] a State program.'' Although 
Wyoming's proposed language includes Federal or State failure-to-abate 
and imminent harm cessation orders in its criteria list used to 
determine a contractor's eligibility to receive an AMLR contract, it 
does not include Federal and State notices of violations and any other 
``written notification from a governmental entity, whether by letter, 
memorandum, judicial or administrative pleading, or other written 
communication, of a violation of the Act; any Federal rule or 
regulation promulgated pursuant thereto; [or a] State program,'' which 
is set forth in the definition of ``violation notice'' at 30 CFR 773.5. 
Therefore, in this respect, proposed W.S. 35-11-1209(a)(ii) and (iii) 
are not in compliance with 30 CFR 874.16 and 875.20, which reference 30 
CFR 773.15(b)(1). The Director requires Wyoming to revise W.S. 35-11-
1209(a), or otherwise amend its statute, rules, and/or plan, to include 
as a criterion for awarding AMLR contracts, Federal and State notices 
of violations and any other written notification from a governmental 
entity, whether by letter, memorandum, judicial or administrative 
pleading, or other written communication, of a violation of the Act; 
any Federal rule or regulation promulgated pursuant thereto; or a State 
program.
    Additionally, Wyoming proposed in its list of criteria that 
prohibit the awarding of an AMLR contract at W.S. 35-11-1209(a)(iv) the 
criterion ``delinquent civil penalty issued under SMCRA.'' 30 CFR 
874.16 and 875.20, which by reference to the provisions of 30 CFR 
773.15(b)(1), implement the provisions of section 518 of SMCRA. This 
section of SMCRA includes requirements for OSM civil penalty 
assessments. The Director interprets Wyoming's use of the phrase 
``delinquent civil penalty issued under SMCRA'' to mean delinquent 
civil 

[[Page 6539]]
penalties issued under any SMCRA State or Federal program. Using this 
interpretation, the Director finds that W.S. 35-11-1209(a)(iv) is in 
compliance with 30 CFR 874.16 and 875.20 and is consistent with section 
518 of SMCRA. The Director approves this statute.
    Finally, Wyoming did not indicate at proposed W.S. 35-11-1209 how 
the Division will determine whether a construction contractor or 
professional services contractor is ``eligible'' to receive an AMLR 
contract. The Federal regulations at 30 CFR 874.16 and 875.20 indicate 
that bidder eligibility must be confirmed by OSM's AVS for each 
contract to be awarded.
    Because proposed W.S. 35-11-1209 does not include provisions for 
Wyoming to verify through AVS a contractor's eligibility, the Director 
requires Wyoming to revise W.S. 35-11-1209, or otherwise revise its 
statute, rules and/or plan to indicate that any construction contractor 
or professional services contractor be confirmed through AVS as 
eligible to receive an AMLR contract prior to receiving the award.
    b. W.S. 35-11-1209(b).--Wyoming also proposed newly created W.S. 
35-11-1209(b) to provide that ``ownership and controlling interest,'' 
as used in W.S. 35-11-1209, means the same as this term means as 
defined at 30 CFR Part 773.5. 30 CFR 874.16 and 875.20, by referencing 
30 CFR 773.15(b)(1), provide for a review of all reasonably available 
information concerning ownership and control links. The Federal 
regulations at 30 CFR 773.5 address ownership and control relationships 
in the definition of the terms ``owned or controlled'' and ``owns or 
controls;'' however, 30 CFR 773.5 does not define ``ownership and 
controlling interest.'' The Director interprets W.S. 35-11-1209(b) to 
mean that Wyoming's term ``ownership and controlling interest'' has the 
same meaning as the Federal terms ``owned or controlled'' and ``owns or 
controls'' at 30 CFR 773.5. The Director also interprets Wyoming's 
proposed use of the terms ``owned and controlled'' or ``owns or 
controls'' at W.S. 35-11-1209(a) to mean the same thing as the 
definitions for these terms at 30 CFR 773.5. The Director finds W.S. 
35-11-1209(b) to be in compliance with the ownership and control 
relationship definitions included at 30 CFR 773.5. Therefore, the 
Director approves this statutory provision.
    (c) Policy Statement Concerning AVS Contractor Eligibility at W.S. 
35-11-1209.--Wyoming provided a policy statement dated April 21, 1995, 
that consists of a memorandum prepared by the State's AMLR attorney and 
addressed to the administrator of the Division. The policy statement 
specifically excludes subcontractors from the requirements at W.S. 35-
11-1209. Wyoming's policy states that any subcontractor would not have 
to receive AVS clearance before being allowed to work on an AMLR 
contract. There are no Federal counterpart requirements to Wyoming's 
proposed policy. However, the preamble for the Federal regulations at 
30 CFR 874.16 and 875.20 does not address whether subcontractors must 
also clear AVS (May 31, 1994; 59 FR 28136, 28158 and 28164). In the 
absence of any Federal requirements concerning subcontractors, 
Wyoming's policy is not inconsistent with the Federal regulations at 30 
CFR 874.16 and 875.20. If, at any time in the future, OSM decides to 
promulgate regulations or an interpretive rule to address 
subcontractors, it would notify Wyoming in accordance with 30 CFR Part 
884.15(b) of any needed revisions to the Wyoming plan. For this reason, 
the Director finds that Wyoming's proposed policy statement issued in 
support of W.S. 35-11-1209 concerning subcontractors is in compliance 
with the Federal regulations at 30 CFR 874.16 and 875.20. Therefore, 
the Director approves the proposed policy statement.

V. Summary and Disposition of Comments

    Following are summaries of all substantive written comments on the 
proposed amendment that were received by OSM, and OSM's responses to 
them.

1. Public Comments

    OSM invited public comments on the proposed amendment, but none 
were received.

2. Federal Agency Comments

    Pursuant to 30 CFR 884.15(a) and 884.14(a)(2), OSM solicited 
comments on the proposed amendment from various Federal agencies with 
an actual or potential interest in the Wyoming plan (administrative 
record Nos. WY-AML-18-10 and -11).
    The Bureau of Land Management (BLM), Wyoming State Office, 
responded on June 8, 1995, that the degree of involvement by the 
subcontractor in the overall project should be considered 
(administrative record No. WY-AML-18-12). BLM stated that if the 
involvement of the subcontractor is major, the subcontractor should be 
subject to the same rules as the contractor. BLM also questioned 
whether W.S. 35-11-1209 and Wyoming's policy regarding its 
implementation in Wyoming would set up a system whereby a contractor in 
violation can have another party bid the project and then subcontract 
to circumvent the system.
    As discussed in finding No. 2(c) above, the Federal regulations at 
30 CFR 874.16 and 875.20 are silent as to whether subcontractors are 
required to pass the same AVS checks required for the successful bidder 
on an AMLR contract. Because the Federal regulations do not 
specifically require subcontractors to meet the eligibility 
requirements applied to the successful bidder for an AMLR contract, OSM 
cannot require Wyoming to make subcontractors comply with the 
requirements of W.S. 35-11-1209. In response to BLM's expressed concern 
that Wyoming's policy may allow a contractor who would not normally 
pass the AVS check to circumvent the system by becoming a subcontractor 
on a specific project, OSM acknowledges that the Federal regulations do 
not prevent this type of occurrence, however, OSM expects that these 
incidents would be infrequent. If OSM determines that the frequency of 
such occurrences is greater than expected, it would, as provided in 
finding No. 2(c) above, promulgate regulations or an interpretive rule 
to address subcontractors.
    The U.S. Army Corps of Engineers responded on June 13, 1995, that 
it found the amendment to be satisfactory (administrative record No. 
WY-AML-18-13).
    By letter dated June 13, 1995, the Mine Safety and Health 
Administration (MSHA) stated that the amendment has no apparent impact 
upon miners' health and safety (administrative record No. WY-AML-18-
14). MSHA also indicated that its enabling legislation limits its 
jurisdiction to specify mining and mining-related activities and does 
not extend to state contractor reclamation of abandoned mine properties 
nor to the recovering of costs of reclamation.
    The U.S. Department of Agriculture, Natural Resources Conservation 
Service, responded on June 16, 1995, that it had no comment on the 
amendment (administrative record No. WY-AML-18-15).

VI. Director's Decision

    Based on the above findings, the Director approves, with certain 
exceptions and additional requirements, Wyoming's proposed plan 
amendment as submitted on April 21, 1995, and as supplemented with 
additional explanatory information on August 29, 1995.
    The Director approves, as discussed in finding No. 1, certain 
revisions to 

[[Page 6540]]
W.S. 35-11-1206 (a) and (b), concerning the placement of liens on 
private lands adversely affected by past coal and mineral mining 
practices. With the requirement that Wyoming further revise its 
statute, rules, and/or plan, the Director does not approve, as 
discussed in Finding No. 1, other revisions to W.S. 35-11-1206 (a) and 
(b), concerning the use of the cost of reclamation in determining the 
amount of liens for reclamation on private land.
    With the requirement that Wyoming further revise its statute, 
rules, and/or plan, the Director approves, as discussed in finding No. 
2(a), W.S. 35-11-1209(a), concerning contractor eligibility.
    The Director approves, as discussed in finding No. (2)(b), W.S. 35-
11-1209(b), concerning ownership and control relationships, and finding 
No. (2)(c), an April 21, 1995, policy statement for W.S. 35-11-1209, 
concerning subcontractors.
    In accordance with 30 CFR 884.15(e), the Director is also taking 
this opportunity to clarify in the required amendment section at 30 CFR 
950.36 that Wyoming must by the date indicated submit to OSM a 
reasonable timetable, which is consistent with Wyoming's established 
administrative or legislative procedures, for submitting an amendment 
to the State reclamation plan.
    The Federal regulations at 30 CFR Part 950, codifying decisions 
concerning the Wyoming plan, are being amended to implement this 
decision. This final rule is being made effective immediately to 
expedite the State plan amendment process and to encourage States to 
bring their plans into conformity with the Federal standards without 
undue delay. Consistency of State and Federal standards is required by 
SMCRA.

VII. 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 reclamation programs, Intergovernmental relations, 
Surface mining, Underground mining.

    Dated: February 12, 1996.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.

    For the reasons set out in the preamble, part 950 of the Code of 
Federal Regulations is amended as set forth below:

PART 950--WYOMING

    1. The authority citation for part 950 continues to read as 
follows:

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

    2. Section 950.35 is amended by adding paragraph (c) to read as 
follows:


Sec. 950.35  Approval of abandoned mine land reclamation plan 
amendments.

* * * * *
    (c) With the exceptions of Wyoming Statute (W.S.) 35-11-1206(a) to 
the extent that it includes the phrases ``cost of reclamation work or 
the'' and ``, whichever is less'' and W.S. 35-11-1206(b) to the extent 
that it includes the phrase ``, but not exceeding the cost of the 
reclamation work,'' the revisions to W.S. 35-11-1206 (a) and (b), 
concerning lien authority on private lands, and the addition of newly 
created W.S. 35-11-1209 (a) and (b), including the policy statement 
dated April 21, 1995, concerning contractor eligibility, as submitted 
to OSM on April 21, 1995, and as supplemented with additional 
information on August 29, 1995, are approved effective February 21, 
1996.
    3. Section 950.36 is added to read as follows:


Sec. 950.36  Required abandoned mine land plan amendments.

    Pursuant to 30 CFR 884.15, Wyoming is required to submit to OSM by 
the date specified a reasonable timetable, which is consistent with 
Wyoming's established administrative and legislative procedures, for 
submitting an amendment to the State reclamation plan.
    (a) By March 22, 1996, Wyoming shall submit a schedule for revising 
W.S. 35-11-1206(a) to remove the phrases ``cost of reclamation or the'' 
and ``, whichever is less'' and revising W.S. 35-11-1206(b) to remove 
the phrase ``, but not exceeding the cost of the reclamation work,''.
    (b) By March 22, 1996, Wyoming shall submit a schedule for revising 
W.S. 1209(a), or otherwise revise its statute, rules and/or plan, to 
include:
    (1) Notices of violation in the criteria for determining the 
eligibility of construction contractors or professional services 
contractors awarded an abandoned mine land reclamation contract; and
    (2) A requirement that a contractor's eligibility shall be 
confirmed using OSM's Applicant/Violator System.

[FR Doc. 96-3820 Filed 2-20-96; 8:45 am]
BILLING CODE 4310-05-M