[Federal Register Volume 63, Number 9 (Wednesday, January 14, 1998)]
[Proposed Rules]
[Pages 2192-2194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-859]


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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 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 to Utah's proposed rules 
pertain to the definitions of ``eligible lands and water'' and ``left 
or abandoned in either an unreclaimed or inadequately reclaimed 
condition,'' and to general reclamation requirements for coal lands and 
waters. 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., January 
29, 1998.

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 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 3320, 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 944.25.

II. Proposed Amendment

    By letter dated August 5, 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, -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, -141 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 or 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 proposed revisions to and additional explanatory information 
for Utah Admin. R. 643-870-500,

[[Page 2193]]

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, general reclamation 
requirements.
    OSM announced receipt of the proposed revisions and additional 
explanatory information in the April 7, 1997, Federal Register (62 FR 
16507), and invited public comment on the substantive adequacy of the 
proposed changes (administrative record No. UT-1071-11). The public 
comment period ended on April 22, 1997.
    During its review of the revisions and additional explanatory 
information submitted by Utah, OSM identified concerns relating to the 
provisions of Utah Admin. R. 643-870-500, definitions of ``eligible 
lands and water'' and ``left or abandoned in either an unreclaimed or 
inadequately reclaimed condition.'' OSM notified Utah of the concerns 
by telephone conversation record dated September 8, 1997 
(administrative record No. UT-1071-14). Utah responded in a letter 
dated December 30, 1997, by submitting a revised amendment 
(administrative record No. UT-1071-15).
    Utah proposes revisions to 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. 
643-874-125, general reclamation requirements.
    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 land and water eligible for 
reclamation or drainage abatement expenditures which were mined for 
coal or which were affected by such mining, wastebanks, coal 
processing, or other coal mining processes and left or abandoned in 
either an unreclaimed or inadequately reclaimed condition prior to 
August 3, 1977, and for which there is no continuing reclamation 
responsibility. 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 and R643-874-125. 
For additional eligibility requirements for water projects, see 
R643-874-140. For additional eligibility requirements for lands 
affected by remaining operations see R643-874-128. For eligibility 
requirements for lands affected by mining for minerals other than 
coal, see R643-875-140.

    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:
    (a) 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;
    (b) Which continue, in their present condition, to degrade 
substantially 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
    (c) For which there is no continuing reclamation responsibility 
under State or Federal Laws, except as provided in R643-874-124 and 
R643-874-142.

    In addition, Utah proposes to revise its rules at Utah Admin. R. 
643-874-125 to read:

    The Reclamation Program may expend funds made available under 
[Utah Code Annotated (UCA)] Sections 40-10-25.1(2) and (3) of the 
Act for reclamation and abatement of any site eligible under 
paragraph 124 of this section, if the Reclamation Program, with the 
concurrence of the Secretary, makes the findings required in 
paragraph 124 of this section and the Reclamation Program determines 
that the reclamation priority of the site is the same or more urgent 
than the reclamation priority for lands and water eligible pursuant 
to paragraphs 120, 121, 122, or 123 of this section that qualify as 
a priority 1 or 2 site under [UCA] Section 40-10-25(2) of the Act.

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 Tribe or State AMLR plans and 
revisions thereof since each such plan is drafted and promulgated by a 
specific Tribe or State, not by OSM. Decisions on proposed Tribe or 
State AMLR plans and revisions thereof submitted by a Tribe or 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 Tribe or 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 Tribe or 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 Tribe or 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

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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: January 7, 1998.
Linda M. Wagner,
Acting Regional Director, Western Regional Coordinating Center.
[FR Doc. 98-859 Filed 1-13-98; 8:45 am]
BILLING CODE 4310-05-M