[Federal Register Volume 61, Number 53 (Monday, March 18, 1996)]
[Proposed Rules]
[Pages 10919-10920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6443]



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DEPARTMENT OF THE INTERIOR
30 CFR Part 946

[VA-104-FOR]


Virginia Abandoned Mine Land Reclamation Program

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

ACTION: Proposed rule.

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SUMMARY: OSM is announcing the receipt of a proposed amendment to the 
Virginia Abandoned Mine Land Reclamation (AMLR) Program (hereinafter 
referred to as the Virginia Program) under the Surface Mining Control 
and Reclamation Act of 1977 (SMCRA), 30 U.S.C. 1201 et seq., as 
amended. The proposed amendment is intended to streamline Virginia's 
total AMLR plan to be consistent with the Federal regulations.

DATES: Written comments must be received on or before 4:00 p.m. on 
April 17, 1996. If requested, a public hearing on the proposed 
amendments will be held at 1:00 p.m. on April 12, 1996. Requests to 
present oral testimony at the hearing must be received on or before 
4:00 p.m. on April 2, 1996.

ADDRESSES: Written comments and requests to testify at the hearing 
should be mailed or hand-delivered to Mr. Robert A. Penn, Director, Big 
Stone Gap Field Office at the first address listed below.
    Copies of the Virginia program, the proposed amendment, a listing 
of any scheduled public meetings or hearing, and all written comments 
received in response to this notice will be available for public review 
at the addresses listed below during normal business hours, Monday 
through Friday, excluding holidays:

Office of Surface Mining Reclamation and Enforcement, Big Stone Gap 
Field Office, P.O. Drawer 1217, Powell Valley Square Shopping Center, 
Room 220, Route 23, Big Stone Gap, Virginia 24219, Telephone: (703) 
523-4303
Virginia Division of Mined Land Reclamation, P.O. Drawer 900, Big Stone 
Gap, Virginia 24219, Telephone: (703) 523-8100

    Each requester may receive, free of charge, one copy of the 
proposed amendment by contacting the OSM Big Stone Gap Field Office.

FOR FURTHER INFORMATION CONTACT:
Mr. Robert A. Penn, Director, Big Stone Gap Field Office, Telephone: 
(703) 523-4303.

SUPPLEMENTARY INFORMATION:

I. Background on the Virginia Program

    On December 15, 1981, the Secretary of the Interior conditionally 
approved the Virginia program. Background on the Virginia program, 
including the Secretary's findings, the disposition of comments, and 
the conditions of approval can be found in the December 15, 1981 
Federal Register (46 FR 61085-61115). Subsequent actions concerning the 
conditions of approval and AMLR program amendments are identified at 30 
CFR 946.20 and 946.25.

II. Discussion of the Proposed Amendment

    By letter received February 29, 1996 (Administrative Record No. VA-
871), the Virginia Division of Mined Land Reclamation (DMLR) submitted 
a proposed Program Amendment to the Virginia Program. This amendment is 
intended to streamline Virginia's total AMLR plan to more closely 
parallel the Federal state reclamation plan information requirements of 
30 CFR 884.13.
    The proposed revisions to the Virginia Program concern public water 
supplies, interim program sites, prioritization, AML eligibility for 
mine fires, refuse sites, acid mine drainage, remining, and water 
project eligibility. The primary purpose of the amendment is to 
incorporate the 1990 amendments to SMCRA, and the AMLR provisions of 
the Energy Policy Act of 1992, Pub. L. 102-486, 106 Stat. 2776 (1992).
    The full text of the proposed program amendment submitted by 
Virginia is available for public inspection at the addresses listed 
above. The Director now seeks public comment on whether the proposed 
amendment is no less effective than the Federal regulations. If 
approved, the amendment will become part of the Virginia program.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 884.15, OSM is now 
seeking comment on whether the amendment proposed by Virginia satisfies 
the applicable requirements for the approval of State AMLR program 
amendments. If the amendment is deemed adequate, it will become part of 
the Virginia program.

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 Big Stone Gap Field Office 
will not necessarily be considered in the final rulemaking or included 
in the Administrative Record.

Public Hearing

    Persons wishing to comment at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by close of 
business on April 2, 1996. If no one requests an opportunity to comment 
at a 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 comment have been heard. Persons in the audience 
who have not been scheduled to comment and who wish to do so will be 
hear following those scheduled. The hearing will end after all persons 
who desire to comment have been heard.

Public Meeting

    If only one person requests an opportunity to comment 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 
amendments may request a meeting at the Big Stone Gap Field Office by 
contacting the person listed under FOR FURTHER INFORMATION CONTACT. All 
such meetings will be open to the public and, if possible, notices of 
the meetings will be posted in advance at the locations listed above 
under ADDRESSES. A summary of

[[Page 10920]]
meeting will be included in the Administrative Record.

Executive Order 12291

    On March 30, 1992, the Office of Management and Budget (OMB) 
granted the Office of Surface Mining Reclamation and Enforcement (OSM) 
an exemption from sections 3, 4, 7 and 8 of Executive Order 12291 for 
actions related to approval or disapproval of State and tribal 
abandoned mine land reclamation plans and revisions thereof. Therefore, 
preparation of a regulatory impact analysis is not necessary and OMB 
regulatory review is not required.

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 the Surface Mining Control and Reclamation Act (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 [5616 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 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. Hence, 
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 914

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 8, 1996.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 96-6443 Filed 3-15-96; 8:45 am]
BILLING CODE 4310-05-M