[Federal Register Volume 62, Number 66 (Monday, April 7, 1997)]
[Proposed Rules]
[Pages 16507-16509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8790]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 944
[SPATS No. UT-032-FOR]
Utah Abandoned Mine Land Reclamation Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; reopening and extension of public comment period
on proposed amendment.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
is announcing receipt of revisions and additional explanatory
information pertaining to a previously proposed amendment to the Utah
abandoned mine land reclamation (AMLR) plan (hereinafter, the ``Utah
plan'') under the Surface Mining Control and Reclamation Act of 1977
(SMCRA). The revisions and additional explanatory information for
Utah's proposed rules pertain to definitions of ``eligible lands and
water'' and ``left or abandoned in either an unreclaimed or
inadequately reclaimed condition,'' and general reclamation
requirements. The amendment is intended to revise the Utah plan to meet
the requirements of the corresponding Federal regulations, to
incorporate the additional flexibility afforded by the revised Federal
regulations, to clarify ambiguities, and to improve operational
efficiency.
DATES: Written comments must be received by 4:00 p.m., m.d.t., April
22, 1997.
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 the 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:
James F. Fulton, Chief, Denver Field Division, Western Regional
Coordinating Center, Office of Surface Mining Reclamation and
Enforcement, 1999 Broadway, Suite 3300, Denver, Colorado 80202.
Mark R. Mesch, Administrator, Abandoned Mine Reclamation Program,
Division of Oil, Gas and Mining, 1594 West North Temple, Suite 1210,
Box 145801, Salt Lake City, Utah 84114-5801, (801) 538-5340.
FOR FURTHER INFORMATION CONTACT:
James F. Fulton, Telephone: (303) 844-1424.
SUPPLEMENTARY INFORMATION:
I. Background on the Utah Plan
On June 3, 1983, the Secretary of the Interior approved the Utah
plan. General background information on the Utah plan, including the
Secretary's findings and the disposition of comments, 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
944.25.
II. Proposed Amendment
By letter dated August 2, 1995, Utah submitted a proposed amendment
to its plan (administrative record No. UT-1071) pursuant to SMCRA (30
U.S.C. 1201 et seq.). Utah submitted the proposed amendment at its own
initiative and in response to a September 26, 1994, letter
(administrative record No. UT-1011) that OSM sent to Utah in accordance
with 30 CFR 884.15(b). The provisions of the Utah Administrative Rules
(Utah Admin. R.) that Utah proposed to revise and add were: Utah Admin.
R. 643-870-500, definitions of ``eligible lands and water,'' ``left or
abandoned in either an unreclaimed or inadequately reclaimed
condition,'' and ``Secretary''; Utah Admin. R. 643-874-100, -110,
[[Page 16508]]
-124 through -128, -130 through -132, -140 through -144, -150, and -
160, general reclamation requirements for coal lands and waters; Utah
Admin. R. 643-875-120 and -122 through -125, -130 through -133, -140
through -142, -150 through -155, -160, -170, -180, -190, and -200,
noncoal reclamation; Utah Admin. R. 643-877-141, rights of entry; Utah
Admin. R. 643-879-141, -152.200, -153, and -154, acquisition,
management, and disposition of lands and water; Utah Admin. R. 643-882-
132, reclamation on private land; Utah Admin. R. 643-884-150, State
reclamation plan amendments; Utah Admin. R. 643-886-130 through -190,
State reclamation grants; and Utah Admin. R. 643-886-232.240, reports.
OSM announced receipt of the proposed amendment in the August 22,
1995, Federal Register (60 FR 43577), provided an opportunity for a
public hearing or meeting on its substantive adequacy, and invited
public comment on its adequacy (administrative record No. UT-1071-3).
Because no one requested a public hearing or meeting, none was held.
The public comment period ended on September 21, 1995.
During its review of the amendment, OSM identified concerns
relating to the provisions of Utah Admin. R. 643-870-500, definitions
of ``eligible lands and water'' and ``left of abandoned in either an
unreclaimed or inadequately reclaimed condition''; Utah Admin. R. 643-
874-120, -121, -123 through -125, and -128, general reclamation
requirements; Utah Admin. R. 643-875-132, certification of completion
of reclamation of coal sites; Utah Admin. R. 643-877-120, rights of
entry; Utah Admin. R. 643-879-154, disposition of reclaimed land; and
Utah Admin. R. 643-882-121 and -122, appraisals. OSM notified Utah of
the concerns by letter dated March 26, 1996 (administrative record No.
UT-1071-8). Utah responded in a letter dated March 12, 1997, by
submitting a revised amendment and additional explanatory information
(administrative record No. UT-1071-9).
Utah proposes revisions to and additional explanatory information
for Utah Admin. R., 643-870-500, definitions of ``eligible lands and
water'' and ``left or abandoned in either an unreclaimed or
inadequately reclaimed condition'' and Utah Admin. R. 643-874-120, -
121, -124, and -125, eligible lands and water.
Specifically, Utah proposes to revise its definition of the term
``eligible lands and water'' at Utah Admin. R. 643-870-500 to read:
``Eligible lands and water'' means lands and water eligible for
reclamation or drainage abatement expenditures and are those which
were mined for coal or which were affected by such mining,
wastebanks, coal processing, or other coal mining processes, and
abandoned or left in an [inadequate reclamation status prior to
August 3, 1977, and for which there is no continuing reclamation
responsibility under State or Federal laws. Provided, however, that
lands and water damaged by coal mining operations after that date
may also be eligible if they meet the requirements specified in
R643-874-124. For additional eligibility requirements for water
projects, see R643-874-124. For additional eligibility requirements
for lands affected by remining operations see R643-874-128. For
eligibility requirements for lands affected by mining for minerals
other than coal, see R643-875-120.
Utah is also proposing to revise its definition of ``left or
abandoned in either an unreclaimed or inadequately reclaimed
condition'' at Utah Admin. R. 643-870-500 to read:
``Left or abandoned in either an unreclaimed or inadequately
reclaimed condition'' means lands and water:
Which were mined or which were affected by such mining, wastebanks,
processing or other mining processes prior to August 3, 1977, and
all mining has ceased; and
Which continue, in their present condition, to substantially degrade
the quality of the environment, prevent or damage the beneficial use
of land or water resources, or endanger the health and safety of the
public; and
For which there is no continuing reclamation responsibility under
State or Federal laws, except as provided in R643-874-124 and R643-
874-141.
Utah is not proposing to revise Utah Admin. R. 643-874-120 and -121
by adding the word ``coal'' to its description of eligible lands and
water. Utah states that it considers omission of the word ``coal'' to
be an important statement of policy and explains that its approved plan
lists aggressive pursuit of noncoal reclamation as a purpose of the
State reclamation program. Utah further offers that its rules at Utah
Admin. R. 643-875 regarding noncoal eligibility ensure that the more
restrictive noncoal eligibility requirements of SMCRA will be met.
In addition, Utah proposes to add to its rules at Utah Admin. R.
643-874-124 and -125 a reference to Utah Admin. R. 643-874-123, which
provides for the reclamation of sites where the forfeited bond is
insufficient to pay the total cost of reclamation. Utah Admin. R. 643-
874-124 extends the use of AMLR funds for reclamation of interim
program and bankrupt surety sites and Utah Admin. R. 643-874-125
requires that those sites determined to be eligible under the criteria
provided at Utah Admin. R. 643-874-124 also have the same or more
urgent priority as coal sites that qualify as priority 1 or 2 sites
under Utah Code Annotated 40-10-25(2), which is the State's counterpart
statute to section 403(a) of SMCRA.
III. Public Comment Procedures
OSM is reopening the comment period on the proposed Utah 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 884.15(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 Utah 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 Denver Field Division 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
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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.
6. Unfunded Mandates Reform Act
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or private sector.
List of Subjects in 30 CFR Part 944
Abandoned mine reclamation programs, Intergovernmental relations,
Surface mining, Underground mining.
Dated: April 26, 1997.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 97-8790 Filed 4-4-97; 8:45 am]
BILLING CODE 4310-05-M