[Federal Register Volume 62, Number 128 (Thursday, July 3, 1997)]
[Rules and Regulations]
[Pages 35964-35968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17403]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 946

[VA-104-FOR]


Virginia Abandoned Mine Land Reclamation Plan

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

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is approving a proposed amendment to the Virginia 
abandoned mine land reclamation plan (hereinafter referred to as the 
``Virginia plan'') under the Surface Mining Control and Reclamation Act 
of 1977 (SMCRA). The proposed amendment is intended to streamline 
Virginia's total AMLR plan to be consistent with the Federal 
regulations.

EFFECTIVE DATE: July 3, 1997.

FOR FURTHER INFORMATION CONTACT:
Mr. Robert A. Penn, Director, Big Stone Gap Field Office, Telephone: 
(540) 523-4303.

SUPPLEMENTARY INFORMATION: 

I. Background on the Virginia Plan
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations

I. Background on the Virginia Plan

    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. Submission 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: the purpose 
of the State reclamation program; ranking and selection; coordination 
with other programs; land acquisition, management and disposal; 
reclamation on private land; rights of entry; public participation 
policies; organization; staffing policies; purchasing and procurement; 
accounting system; location of known or suspected eligible land and 
water; description of problems occurring on lands and waters (map); 
reclamation proposals; economic base; aesthetic, historic or cultural, 
and recreation values; and endangered and threatened plant, fish, 
wildlife and habitat. 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).
    OSM announced receipt of the proposed amendment in the March 18, 
1996, Federal Register (61 FR 10919), and in the same document opened 
the public comment period and provided an opportunity for a public 
hearing on the adequacy of the proposed amendment. The public comment 
period closed on April 17, 1996. No public hearing was requested, so 
none was held.
    During its review of the amendment, OSM identified concerns 
relating to various sections of the proposed plan and provided draft 
comments to the State (Administrative Record Number VA-898). OSM 
representatives met with DMLR representatives on October 31, 1996, and 
November 4, 1996, to resolve comments included in the draft list 
prepared by OSM (Administrative Record Number VA-899).
    On November 19, 1996, OSM conducted a telephone conference with 
DMLR representatives, and on November 20, 1996, OSM representatives met 
with DMLR representatives to continue to resolve issues in the draft 
issues list. The results of the November 19, 1996, teleconference and 
the November 20, 1996, meeting, including the changes proposed by the 
DMLR to be made to the Virginia plan submittal, are documented in the 
Virginia Administrative Record Number VA-900. In addition, VA-900 
contains copies of the forms (Lien Waiver, Right of Entry, Claim of 
Lien, and AML Complaint Investigation) that the DMLR uses to implement 
the Virginia program. These forms are considered by OSM to be part of 
the Virginia plan submittal.
    On December 5, 1996, OSM conducted a telephone conference with DMLR 
representatives to resolve the remaining issues. The results of that 
telephone conference are documented at Administrative Record Number VA-
901.
    On December 10, 1996, Virginia submitted draft language to the U.S. 
Fish and Wildlife Service (USFWS) to address USFWS comments made on 
April 4, 1996 (Administrative Record Number VA-904).
    On January 7, 1997, the USFWS recommended further modifications to 
the endangered and threatened species section of the proposed AMLR plan 
amendment wording (Administrative Record Number VA-905).
    On February 6, 1997, OSM provided USFWS with Virginia's AMLR plan 
language that was revised in response to USFWS comments on endangered 
and threatened species (Administrative Record Number VA-906).

[[Page 35965]]

    On February 10, 1997 (Administrative Record Number VA-907), OSM met 
with DMLR to discuss changes made to the AMLR plan amendment by 
Virginia to address OSM's comments on the amendment that were 
identified in OSM's draft issues list (Administrative Record Number VA-
898).
    On February 7, 1997, USFWS confirmed that DMLR's draft wording 
changes to the endangered and threatened species section of the 
proposed AMLR plan amendment now includes the modifications proposed by 
USFWS (Administrative Record Number VA-908).
    On February 10, 1997, the U.S. Environmental Protection Agency 
(EPA) confirmed that draft wording modifications to the proposed 
Virginia AMLR plan amendment received from DMLR on November 20, 1996, 
resolve EPA's identified concerns (Administrative Record Number VA-
909).
    On February 14, 1997, OSM proposed wording changes to DMLR to 
resolve OSM concerns regarding sentences added to the proposed AMLR 
plan amendment by DMLR related to remining (Administrative Records 
Number VA-910).
    On February 27, 1997, DMLR agreed to modify that AMLR plan wording 
to resolve OSM concerns regarding sentences added to the proposed AMLR 
plan amendment by DMLR related to remining (Administrative Records 
Number VA-911).
    By electronic mail correspondence dated March 5, 1997 
(Administrative Records Number VA-912), Virginia submitted a revised 
copy of the proposed AMLR plan that contains the changes made to 
resolve the issues identified by OSM, the USFWS, and the EPA.
    OSM reopened the public comment period on March 18, 1997 (52 FR 
12776). The written comment period closed on April 2, 1997.

III. Director's Findings

    As discussed below, the Director, in accordance with SMCRA and 30 
CFR 884.14 and 884.15, finds that the proposed plan amendments 
submitted by Virginia on February 29, 1996, and revised on March 5, 
1997 and May 8, 1997, and supplemented with additional materials 
documented in Virginia Administrative Record Number VA-900 and VA-906, 
meet the requirements of the corresponding Federal regulations and is 
consistent with SMCRA.

A. Section 884.13(a) Governor's Letter of Designation

    This section contains a designation by the Governor of Virginia to 
the Virginia Department of Conservation and Economic Development as the 
State agency authorized to implement and administer the Abandoned Mine 
Reclamation Program. The Commissioner of the Division of Mined Land 
Reclamation will be Virginia's primary point of contact.
    The Director finds this section meets the requirements of the 
Federal regulations at 30 CFR 884.13(a).

B. Section 884.13(b) Legal Opinion

    This section contains legal opinions that the State of Virginia has 
the legal authority to implement, administer, enforce, and amend the 
Virginia program.
    The Director finds that this section meets the requirements of the 
Federal regulations at 30 CFR 884.13(b).

C. Section 884.13(c)(1) Purpose of the State Reclamation Program

    This section explains that the Virginia program will provide for 
the lands and waters affected by past mining, in order to restore these 
lands and waters to a safe, productive and environmentally sound use, 
in accordance with Virginia's conservation and land reclamation 
policies.
    The Director finds that this section meets the requirements of the 
Federal regulations at 30 CFR 884.13(C)(1).

D. Section 884.13(c)(2) Ranking and Selection

    This section provides that the Virginia program uses a priority 
system which recognizes the five abandoned mine land problem priorities 
as described in Title IV, Section 403 of SMCRA. This section also 
describes the criteria which coal lands and water must meet to be 
eligible for reclamation activities under the Virginia program. The 
specific details of this section were developed in cooperation with the 
U.S. Environmental Protection Agency.
    As subsection entitled ``Acid Mine Drainage Abatement--Treatment'' 
provides that Virginia may establish under State law an interest 
bearing acid mine drainage abatement and treatment fund. The fund will 
be utilized by Virginia, in consultation with the Natural Resources 
Conservation Service, to implement acid mine drainage abatement and 
treatment plans approved by the Secretary of the Interior. This 
subsection also contains the minimum criteria that those plans must 
meet.
    A subsection entitled ``Utilities and Other Facilities'' provides 
that the Virginia program may expend up to 30 percent of the funds 
granted annually in accordance with SMCRA for the purpose of 
protecting, repairing, replacing, constructing, or enhancing eligible 
facilities relating to water supplies adversely affected by coal mining 
practices. A subsection entitled ``General Selection and Ranking'' 
provides the specific criteria to be used to determine whether or not 
proposed reclamation will be undertaken and to assign priorities to 
projects intended to meet the same objective. This subsection also 
contains site parameter guidelines that define the terms found in this 
section, and an AML water project evaluation guide. The parameters and 
relative weighting values assigned for use in the site evaluation 
matrix and water project evaluation guide have been developed by DMLR 
to reflect the priorities set forth in Section 403(a) of SMCRA.
    A subsection entitled ``AML Emergency Program'' states that 
provisions for a State emergency program are provided through Chapter 
19, Title 45.1 of the Code of Virginia (VASMCRA). This subsection also 
provides the criteria with which the Division of Mines, Minerals and 
Energy (DMME) will comply while abating emergency situations.
    The Director finds that the provisions of this section meet the 
requirements of the Federal regulations at 30 CFR 884.13(c)(2).

E. Section 884.13(c)(3) Coordination With Other Programs

    This section provides for the consultation of the Virginia program 
with a number of Federal and State agencies having either a direct or 
indirect interest in proposed AML reclamation projects. Coordination 
with Indian tribes is not applicable in Virginia because there are no 
Indian tribes located within Virginia.
    The Director finds the provisions of this section meet the 
requirements of the Federal regulations at 30 CFR 884.13(c)(3).

F. Section 884.13(c)(4) Land Acquisition, Management and Disposal

    This section provides for the acquisition, management, and disposal 
of lands by Virginia if the DMME Director, with advance approval by 
OSM, determines in writing that acquisition of such land is necessary 
to successful reclamation.
    The Director finds that these provisions meet the requirements of 
the

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Federal regulations at 30 CFR 884.13(c)(4) and 879.

 G. Section 884.13(c)(5) Reclamation on Private Land

    This section provides the criteria to be followed when reclamation 
is to be carried out on private land. When reclamation is to be carried 
out on private land, the DMME shall adhere to the regulation governing 
appraisal and liens as set forth in Part 480-03-19.882 of the VSMCRA 
regulations and Section 45.1-264 through 45.1-269 of the Code of 
Virginia. Notarized appraisals shall be obtained in both emergency and 
non-emergency situations. Liens may be placed or waived by the Director 
of DMME, against land reclaimed as directed by Part 480-03-19.882.
    The Director finds this section meets the requirements of the 
Federal regulations at 30 CFR 884.13(c)(5) and is consistent with Part 
882.

H. Section 884.13(c)(6) Rights of Entry

    This section provides the criteria to be followed to obtain the 
rights of entry onto private lands to conduct reclamation activities. 
Prior to entry onto private lands, written consent from the owner of 
record and lessee, or their authorized agents, will be obtained by the 
DMME for its authorized agents or contractors to enter upon such lands 
in order to carry out reclamation activities. This section also sets 
forth the procedures to be followed when written consent cannot 
reasonably be obtained. This section also provides for rights of entry 
onto Federal lands.
    The Director finds this section meets the requirements of the 
Federal regulations at 30 CFR 884.13(c)(6).

I. Section 884.13(c)(7) Public Participation Policies

    This section provides that the DMLR will follow the procedures set 
forth by the Virginia Administrative Process Act for publication of all 
meetings required to be public under the Freedom of Information Act. 
This section also sets forth the procedures to be followed by the DMLR 
regarding public notice of its participation in the process of 
obtaining AMLR program financial grants from OSM. When there are State 
reclamation program amendments, Virginia will use OSM's public 
participation process rather than have a separate procedure.
    The Director finds this section meets the requirements of the 
Federal regulations at 30 CFR 884.13(c)(7).

J. Section 884.13(d)(1) Organization

    This section sets forth the organization of the Virginia program. 
The DMLR is divided into three groups: One administers the AML program, 
and the other two groups administer the Environmental Impacts of 
Surface Coal Mining (Title V). The plan describes the major functions 
of the AML program and the Title V program, and includes a general 
organizational AML program flowchart.
    The Director finds this section meets the requirements of the 
Federal regulations at 30 CFR 884.13(d)(1).

K. Section 884.13(d)(2) Staffing Policies

    This section sets forth the policies to be followed by the DMME in 
its operation of the Virginia program.
    The Director finds this section meets the requirements of the 
Federal regulations at 30 CFR 884.13(d)(2).

L. Section 884.13(d)(3) Purchasing and Procurement

    This section sets forth the procedures to be followed by the DMLR 
in its operation of the Virginia program. The purchasing and 
procurement system will conform to the requirements of the Grants 
Management Common Rule codified by the U.S. Department of the Interior 
at 43 CFR Part 12, Subpart C (which superseded the Office of Management 
and Budget Circular A-102, Attachment O), and the Code of Virginia 
Public Procurement Act.
    The Director finds this section meets the requirements of the 
Federal regulations at 30 CFR 884.13(d)(3).

M. Section 884.13(d)(4) Accounting System

    This section sets forth the accounting system to be used by the 
DMLR in implementing the Virginia program. The DMLR uses a financial 
management system that provides for compliance with the Grants 
Management Common Rule codified by the U.S. Department of the Interior 
at 43 CFR Part 12, Subpart C, Office of Management and Budget (OMB) 
Circular No. A-102 (Grants and Cooperative Agreements to State and 
Local Governments), No. A-87 (Cost Principle for State and Local 
Governments), No. A-128 (Single Audit Act), and all other applicable 
State and Federal laws and regulations.
    The Director finds this section meets the requirements of the 
Federal regulations at 30 CFR 884.13(d)(4).

N. Section 884.13(e)(1) Location of Known or Suspected Eligible Lands 
and Water (Map)

    This section depicts on a map, the locations of known and suspected 
pre-1977 abandoned mine land problems and eligible post-1977 sites in 
Virginia.
    The Director finds this meets the requirements of the Federal 
regulations at 30 CFR 884.13(1).

O. Section 884.13(e)(2) Description of Problems Occurring on Lands and 
Waters

    This section identifies the typical AML problems in Virginia.
    The Director finds this section meets the requirements of the 
Federal regulations at 30 CFR 884.13(e)(2).

P. Section 884.13(e)(3) Reclamation Proposals

    This section sets forth examples of how the DMLR may address each 
of the problems identified in Sec. 884.13(e)(2) as occurring on lands 
and waters of Virginia.
    The Director finds this section meets the requirements of the 
Federal regulations at 30 CFR 884.13(e)(3).

Q. Section 884.13(f)(1) Economic Base

    This section sets forth a general description of the economic base 
prevailing in the different geographic areas of Virginia where 
reclamation is planned.
    The Director finds this meets the requirements of the Federal 
regulations at 30 CFR 884.13(f)(1).

R. Section 884.13(f)(2) Aesthetic, Historical or Cultural and 
Recreation Values

    This section sets forth a general description of the significant 
aesthetic, historical or cultural and recreational values prevailing in 
the different geographic areas of Virginia where reclamation is 
planned.
    The Director finds this section meets the requirements of the 
Federal regulations at 30 CFR 884.13(f)(2).

S. Section 884.13(f)(4) Endangered and Threatened Plant, Fish, Wildlife 
and Habitat

    This section sets forth a general description of the endangered and 
threatened plant, fish, and wildlife and their habitat prevailing in 
the different geographic areas of Virginia where reclamation is 
planned. The specific details of this section were developed in 
cooperation with the U.S. Fish and Wildlife Service.
    The Director finds this section meets the requirements of the 
Federal regulations at 30 CFR 884.13(f)(3).

IV. Summary and Disposition of Comments

Public Comments

    The Director solicited public comments and provided an opportunity 
for a public hearing on the proposed

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amendment. No public comments were received in response to the public 
comment periods that ended on April 17, 1996, and April 2, 1997. 
Because no one requested an opportunity to speak at a public hearing, 
no hearing was held.

Federal Agency Comments

    Pursuant to 884.14(a)(2) and 884.15(a), OSM solicited comments on 
the proposed amendment from various other Federal agencies with an 
actual or potential interest in the Virginia plan (Administrative 
Record number VA-872). The U.S. Natural Resources Conservation Service 
(NRCS) responded (Administrative Record Number VA-875) and stated that 
the NRCS position is that the amendments be accepted and incorporated 
in the Virginia plan. The U.S. Department of Labor, Mine Safety and 
Health Administration (MSHA) responded (Administrative Record Number 
VA-878) that the amendments are deemed appropriate since there appears 
to be no conflict with MSHA regulations.
    The U.S. Fish and Wildlife Service (FWS) responded with several 
comments. Concerning Rights of Entry (884.13(c)(6)), the FWS 
recommended that, for clarity, on page 33 of the original submittal, 
the ``Secretary of the Interior'' be amended to read ``United States'' 
Secretary of the Interior. The FWS also recommended that the last 
paragraph of this section be amended to clarify that Virginia may enter 
into agreements with the U.S. Secretary of the Interior only of 
Federally owned lands under the Secretary's authority, including but 
not limited to national parks and refuges. The FWS also recommended 
that Virginia reference other Federal agencies not under the Department 
of the Interior, if their lands may also be impacted.
    The FWS also commented on the section titled ``Description of 
Problems Occurring on Lands and Waters (Map) (884.13(e)(2)). The FWS 
commented that the prioritization of abandoned mine lands for 
reclamation under Ranking Selection Criteria 3 (addressing degraded 
land and water resources) should not be predicated on whether or not 
the site is remote. The prioritization process should, the FWS stated, 
consider type and extent of damage, analysis of further degradation 
that may potentially occur, species and habitat resources present or 
formerly present that may be recovered, and the potential for 
reclamation.
    The FWS commented on the section titled ``Endangered and Threatened 
Plants, Fish, Wildlife and Habitat (884.13(f)(3)). The FWS recommended 
that this section be reorganized for clarity, and provided several 
suggestions.
    Finally, the FWS requested that representatives of OSM and DMLR 
meet with the FWS to review the procedures for ensuring that Federally 
listed species and their habitat are protected during the reclamation 
of abandoned mine lands and considered during the site prioritization 
process.
    In response, the Director notes that OSM discussed with the DMLR 
and with the FWS on various occasions (see ``Submission of the Proposed 
Amendment'' above) the comments submitted by FWS. In a meeting held on 
July 16, 1996 (see Administrative Record Number VA-898 and 899), the 
OSM, FWS, and DMLR agreed that to resolve FWS comments on Virginia's 
AMLR Plan amendment by the following : Clarify language in the last 
paragraph of the Rights of Entry section to reference the U.S. 
Secretary of the Interior; Delete the phrases ``and located in remote 
areas'' and ``in more densely populated areas'' from the Description of 
Problems Occurring on Lands and Waters section; and Rewrite and 
reorganize the Endangered and Threatened Plants, Fish, Wildlife, and 
Habitat section of the plan. The Director notes that these suggested 
changes were adopted in the final version of the Virginia plan. In 
addition, the FWS subsequently concurred that with the changes made by 
the DMLR concerning endangered and threatened species, the AMLR plan 
amendment now includes these modifications proposed by FWS in 1997 and 
discussed on February 5, 1997 (Administrative Record Number VA-908).

Environmental Protection Agency (EPA)

    Pursuant to 30 CFR 732.17(h)(11)(ii), the Director is required to 
obtain the written concurrence of the Administrator of EPA with respect 
to those provisions of the proposed plan amendment that relate to air 
or water quality standards promulgated under the authority of the Clean 
Air Act (42 U.S.C. 7401 et seq.) or the Clean Water Act (33 U.S.C. 1252 
et seq.). The Director has determined that the proposed amendments 
contain no provisions in these categories and that EPA's concurrence is 
not required.
    Pursuant to 732.17(h)(11)(I), OSM solicited comments on the 
proposed amendments from the EPA. The EPA provided the following 
comments (Administrative Record Number VA-879). Concerning the section 
titled ``Ranking and Selection (884.13(c)(2)), the EPA commented that 
there may be situations where impacts on water quality outweigh minor 
safety related projects (such as reclaiming unstable highwalls in 
remote areas). Health and safety projects are normally rated ahead of 
environmental related projects. EPA recommended that the State consider 
raising some water quality related projects to higher priority status 
in those circumstances where it is warranted.
    EPA noted that the site evaluation matrix shown in Figure 1 
provides relative weighting for funding purposes for 15 parameters, 
including water quality. EPA stated that the relative weight for water 
quality appears far too small and ranks ninth behind even vegetative 
cover and surface instability. EPA recommended that the weighting 
factor for water quality be increased significantly to reflect the 
growing emphasis for cleaning up streams impacted by abandoned mine 
drainage.
    In response, the Director notes that OSM discussed with the DMLR 
and with the EPA on various occasions (see ``Submission of the Proposed 
Amendment'' above) the comments submitted by EPA. The EPA subsequently 
acknowledged that with the changes made to the AMLR plan by the DMLR, 
the concerns identified by the EPA are resolved (Administrative Record 
Number VA-909).

State Historical Preservation Officer (SHPO) and the Advisory Council 
on Historic Preservation (ACHP)

    Pursuant to 30 CFR 732.17(h)(4), OSM solicited comments on the 
proposed amendment from the SHPO and ACHP. No comments were received.

V. Director's Decision

    Based on the above findings, the Director is approving the proposed 
AMLR plan amendment as submitted by Virginia on February 29, 1996, and 
revised on March 5, 1997, and May 8, 1997, and supplemented with 
additional materials documented in Virginia Administrative Record 
Number VA-900 and VA-906.
    The Federal regulations at 30 CFR Part 946.25, codifying decisions 
concerning the Virginia plan amendments, 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.

VI. Procedural Determinations

Executive Order 12866

    This proposed rule is exempted from review by the Office of 
Management and

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Budget (OMB) under Executive Order 12866 (Regulatory Planning and 
Review).

Executive Order 12988

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 (Civil Justice Reform) 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 promulgated by a specific 
State or Tribal, not by OSM. Decisions on proposed 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 or SMCRA (30 U.S.C. 1231-1243) and 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 (516 DM 6, appendix 8, 
paragraph 8.4B(29)).

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.).

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 
corresponding 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 
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.

Unfunded Mandates

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 946

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: June 16, 1997.
Tim L. Dieringer,
Acting Regional Director, Appalachian Regional Coordinating Center.

    For the reasons set out in the preamble, Title 30, Chapter VII, 
Subchapter T of the Code of Federal Regulations is amended as set forth 
below:

PART 946--VIRGINIA

    1. The authority citation for part 946 continues to read as 
follows:

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

    2. Section 946.25 is amended in the table for paragraph (a) by 
adding a new entry in chronological order by ``Date of Final 
Publication'' to read as follows:


Sec. 946.25  Approval of Virginia abandoned mine land reclamation plan 
amendments.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
  Original amendment submission                                                                                 
              date                   Date of final  publication                 Citation/description            
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Feb. 29, 1996...................  July 3, 1997...................  Revisions to the Virginia State Reclamation  
                                                                    Plan corresponding to 30 CFR 884.13(a), (b),
                                                                    (c)(1), (c)(2), (c)(3), (c)(4), (c)(5),     
                                                                    (c)(6), (c)(7), (d)(1), (d)(2), (d)(3),     
                                                                    (d)(4), (e)(1), (e)(2), (e)(3), (f)(1),     
                                                                    (f)(2), and (f)(3).                         
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[FR Doc. 97-17403 Filed 7-2-97; 8:45 am]
BILLING CODE 4310-05-M