[Federal Register Volume 62, Number 206 (Friday, October 24, 1997)]
[Proposed Rules]
[Pages 55365-55366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28321]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Parts 707 and 874

RIN 1029-AB89


Enhancing Abandoned Mine Lands AML, Reclamation

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


[[Page 55366]]


ACTION: Advanced notice of proposed rulemaking.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is announcing its intent to develop a rule that would increase the 
amount of reclamation of abandoned mine lands being accomplished under 
Title IV of the Surface Mining Control and Reclamation Act of 1977. OSM 
is seeking to involve the public in the development of the proposed 
rule by making an early draft available for review and written comment.

DATES: Written comments: OSM will accept written comments until 5:00 
p.m. Eastern Time on November 24, 1997.
    Public meetings: OSM plans to hold meetings with interested persons 
at appropriate locations to discuss this proposal. A schedule for these 
meetings will be published in the Federal Register on or about October 
31, 1997.

ADDRESSES: Written comments: Hand-deliver or mail to the Office of 
Surface Mining Reclamation and Enforcement, Administrative Record, Room 
117, 1951 Constitution Avenue, NW., Washington, D.C. 20240.
    Electronic Mail: You may send comments through the Internet to 
OSM's Administrative Record at: [email protected].
    Telefax: Copies of the early draft may be obtained from FAX ON 
DEMAND by calling 202-219-1703 and following the instructions on the 
recorded announcement.

FOR FURTHER INFORMATION CONTACT: D.J. Growitz, Office of Surface 
Mining, U.S. Department of the Interior, 1951 Constitution Avenue, NW, 
Washington, D.C. 20240; telephone (202) 208-2634. E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: OSM is seeking to increase reclamation under 
Title IV of the Surface Mining Control and Reclamation Act of 1977 
(SMCRA). The Abandoned Mine Land (AML) fund does not contain, and is 
never expected to contain, enough money to reclaim all the known AML 
problems and sites. Under current OSM regulations, AML-funded 
reclamation that includes the extraction of incidental coal must be at 
least 50 percent funded by the AML agency. OSM is considering a 
proposal that envisions reclamation projects that will require less 
than 50 percent government funding because reclamation contracts would 
be partially funded by the recovery and sale of the incidental coal. 
OSM will need to amend the current definition of government-financed 
construction to eliminate the 50 percent funding requirement for AML 
projects.
    OSM believes that there would be adequate assurances to protect the 
environment in the AML program as described in 30 CFR Subchapter R. 
Those regulations, which set forth the criteria for an AML program, 
require adherence to all applicable State and Federal laws, require 
programs to follow proper financial policies and procedures, and 
require that AML contracts be issued under and monitored in accordance 
with state law.
    OSM is considering proposing a rule which will establish special 
requirements when the AML agency contracts for reclamation projects 
with less than 50 percent government financing to ensure that the 
provision is not misused, that necessary protections are in place for 
citizens and landowners, and that acceptable environmental restoration 
occurs. The AML agency would consult with the Title V regulatory 
authority to assess whether proposed project sites are appropriate for 
AML reclamation activity based on the economical and technical 
feasibility of mining those sites under a Title V permit. The 
consultation would also include consideration of whether existing 
environmental problems at the AML site might be impacted by nearby 
mining activities. If the site is determined to be appropriate for 
Title IV reclamation activities, the AML agency would be required to: 
(1) determine site characteristics for Acid Mine Drainage and other 
existing environmental problems; (2) require the projects be carried 
out in accordance with time-tested AML regulations and procedures; (3) 
provide for site specific reclamation requirements, including 
performance bonds, when appropriate and in accordance with state 
procedures; (4) delineate any coal or coal waste material that would 
need to be extracted in order to accomplish the reclamation; and (5) 
require the AML contractor to provide consent documents that authorize 
coal extraction and document the disposition of the coal and associated 
revenues for use by the AML authority in determining financial 
conditions of the contract. If the AML authority determines that coal 
extraction is not incidental to the reclamation project, the project 
would be subject to all the regulatory requirements of Title V.
    The proposed rule, when developed, will be published in the Federal 
Register for public comment in accordance with the requirements of the 
Administrative Procedure Act, and public hearings will be held on 
request.

    Dated: October 4, 1997.
Mary Josie Blanchard,
Assistant Director, Program Support.
[FR Doc. 97-28321 Filed 10-23-97; 8:45 am]
BILLING CODE 4310-05-M