[Federal Register Volume 63, Number 191 (Friday, October 2, 1998)]
[Proposed Rules]
[Pages 53003-53005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26490]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 943


Texas Abandoned Mine Land Reclamation Plan Amendment

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

ACTION: Proposed rule; reopening and extension of public comment period 
on proposed amendment.

-----------------------------------------------------------------------

SUMMARY: OSM is announcing receipt of additional explanatory 
information and revisions pertaining to a previously proposed amendment 
to the Texas abandoned mine land reclamation plan (from now on referred 
to as the ``Texas plan'') under the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA). The additional explanatory information 
and revisions for Texas's proposed plan amendment pertain to eligible 
coal lands and water; reclamation priorities for noncoal program; land 
acquisition authority--noncoal; lien requirements; satisfaction of 
liens; entry and consent to reclaim; appraisals; entry for emergency 
reclamation; land eligible for acquisition; disposition of reclaimed 
lands; liens; and editorial corrections. Texas intends to revise its 
regulations to conform selected parts to amended Federal regulations 
and to reorganize its regulations to align more clearly with federal 
counterpart regulations.

DATES: We must receive your written comments by 4:00 p.m., c.d.t. 
October 19, 1998.

ADDRESSES: You should mail or hand deliver written comments to Michael 
C. Wolfrom, Director, Tulsa Field Office, at the address listed below.
    We will make copies of the Texas plan, the proposed amendment, and 
all written comments received in response to this document available 
for public review at the addresses listed below. The copies will be 
available during normal business hours, Monday through Friday, 
excluding holidays. You may receive one free copy of the proposed 
amendment by contacting OSM's Tulsa Field Office.
    Michael C. Wolfrom, Director, Tulsa Field Office, Office of Surface 
Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 470, 
Tulsa, Oklahoma 74135-6547, Telephone: (918) 581-6430, E-mail: 
[email protected].
    Railroad Commission of Texas, Surface Mining and Reclamation 
Division, 1701 North Congress Avenue, P. O. Box 12967, Austin, Texas 
78711-2967, Telephone: 512-463-6900.

FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Director, Tulsa 
Field Office, Telephone: (918) 581-6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Texas Plan
II. Discussion of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations

I. Background on the Texas Plan

    On June 23, 1980, the Secretary of the Interior approved the Texas 
Abandoned Mine Land Plan. You can find general background information 
on the Texas plan, including the Secretary's findings, the disposition 
of comments, and the conditions of approval in the June 23, 1980, 
Federal Register (45 FR 41937). You can find later actions concerning 
the Texas plan at 30 CFR 943.25.

II. Discussion of the Proposed Amendment

    By letter dated December 1, 1997 (Administrative Record No. TAML-
61), Texas submitted a proposed amendment to its plan under the 
provisions SMCRA. Texas submitted the proposed amendment at its own 
initiative. We announced receipt of the proposed amendment in the 
December 29, 1997, Federal Register (62 FR 67592) and invited public 
comment on its adequacy. The public comment period ended January 28, 
1998.
    During our review of the amendment, we identified concerns relating 
to the following sections: Eligible coal lands and water; Reclamation 
priorities for noncoal program; Land acquisition authority-noncoal; 
Lien requirements; Satisfaction of liens; Entry and consent to reclaim; 
Appraisals; Entry for emergency reclamation; Land eligible

[[Page 53004]]

for acquisition; Disposition of reclaimed lands; Liens; and editorial 
corrections in the two sections, Responsibilities and Definitions. We 
notified Texas of the concerns by facsimiles dated March 9 and August 
25, 1998 (Administrative Record Nos. TAML-61.08 and TAML-61.10, 
respectively). Texas responded in letters dated July 20 and September 
3, 1998, by submitting additional explanatory information and a revised 
amendment (Administrative Record Nos. TAML-61.09 and TAML-61.12, 
respectively).
    Texas proposes the additional revisions as follows:

1. Section 12.803  Eligible Coal Lands and Water

    In paragraph (7), Texas proposes to change the incorrect reference 
of ``Subchapter E'' to the correct reference of ``Subchapter K.''

2. Section 12.809  Reclamation Priorities for Noncoal Program

    Texas proposes to revise paragraph (b) to read as follows:
    (b) Following certification by the Commission of the completion of 
all known coal projects, the projects and construction of public 
facilities identified in subsection (a) of this section shall reflect 
the following priorities in the order stated:

3. Section 12.811  Land Acquisition Authority-Noncoal

    Texas proposes to revise this section to read as follows:
    The requirements specified in Secs. 12.813, 12.814, and 12.818 
through 12.823 of this title (respectively relating to Written Consent 
for Entry; Entry and Consent to Reclaim; Entry for Emergency 
Reclamation; Land Eligible for Acquisition; Procedures for Acquisition; 
Acceptance of Gifts of Land; Management of Acquired Land; and 
Disposition of Reclaimed Land) shall apply to the Commission's noncoal 
program except that, for purposes of this section, the references to 
coal shall not apply. In lieu of the term coal, the word noncoal should 
be used.

4. Section 12.812  Lien Requirements

    Texas proposes to revise this section to read as follows:
    The lien requirements found in Secs. 12.815 through 12.817 of this 
title (relating to Appraisals, Liens, and Satisfaction of Liens, 
respectively), shall apply to the Commission's noncoal reclamation 
program under Sec. 12.808 of this title (relating to Certification of 
Completion of Coal Sites), except that for purposes of this section, 
references made to coal shall not apply. In lieu of the term coal, the 
word noncoal should be used.

5. Section 12.814  Entry and Consent to Reclaim

    Texas proposes to revise this section to require that the State 
provide a minimum of 30 days written notice before entering property 
where they have not obtained the owner's permission to enter or where 
the owner is not known or is readily available. If the owner is known, 
the State will send the written notice by mail, return receipt 
requested, along with a copy of the written findings required under 
paragraph (c)(1) of this section. If the owner is not known, or if the 
current mailing address of the owner is not known, the State will post 
a notice in one or more places on the property to be entered where it 
is readily visible to the public. The State will also advertise once in 
a newspaper of general circulation in the locality in which the land is 
located. The advertisement must include a statement of where the 
findings required under paragraph (c)(1) of this section may be 
inspected or obtained.

6. Section 12.815  Appraisals

    Texas proposes not to repeal this section, but to retain it. Texas 
also proposes to update the reference in paragraph (d) as a result of 
the currently proposed revisions in this proposed amendment.

7. Section 12.816  Liens

    Texas proposes to renumber this section from section 12.821 to 
12.816. In paragraph (a)(2), Texas proposes to add a provision that 
allows them to notify landowners of the amount of the proposed lien and 
to give the landowners a reasonable amount of time to pay the lien 
before the lien is placed against the property. Also, Texas proposes to 
revise paragraph (b) to read: ``(b) The statement is a lien on the land 
second only to a property tax lien. The amount of the lien may not 
exceed the amount determined by either of two appraisals, as provided 
under Sec. 12.815 (relating to Appraisals), to be the increase in the 
market value of the land as a result of the restoration, reclamation, 
abatement, control, or prevention of the adverse effects of past mining 
practices.'' In addition, Texas proposes to revise paragraph (c), so 
that the State cannot file liens, under this section, against the 
property of anyone who owned the surface before May 2, 1977, and did 
not consent to, participate in, or exercise control over the mining 
operation that made the reclamation under this chapter necessary. 
Finally, Texas proposes to add two new paragraphs. New paragraph (e) 
allows the Commission to waive the lien if the cost of filing exceeds 
the increase in fair market value as a result of the reclamation 
activity. New paragraph (f) allows the Commission to waive the lien if 
the reclamation work performed on private land primarily benefits 
health, safety or environmental values of the community or area in 
which the land is located, or if reclamation is necessary because of an 
unforeseen occurrence and the work performed to restore the land will 
not result in a significant increase in the market value of the land as 
it existed immediately before the occurrence.

8. Section 12.817  Satisfaction of Liens

    Texas proposes not to repeal this section, but to retain it.

9. Section 12.818  Entry for Emergency Reclamation

    Texas proposes to renumber this section from section 12.815 to 
12.818.

10. Section 12.819  Land Eligible for Acquisition

    Texas proposes to renumber this section from section 12.816 to 
12.819, to revise paragraph (2) to read, ``the Commission determines 
and makes written findings that:,'' and to make some editorial changes 
in paragraph (2)(C). Texas also proposes to add new paragraph (3) 
stating that OSM approves, in advance, any lands the Commission 
acquired by purchase or condemnation. The new paragraph states how much 
interest in land the Commission can acquire for the reclamation work 
planned or the post-reclamation use of the land and under what 
circumstances.

11. Section 12.820  Procedures for Acquisition

    Texas proposes to renumber this section from section 12.817 to 
12.820.

12. Section 12.821  Acceptance of Gifts of Land

    Texas proposes to renumber this section from section 12.818 to 
12.821.

13. Section 12.822  Management of Acquired Land

    Texas proposes to renumber this section from section 12.819 to 
12.822.

14. Section 12.823  Disposition of Reclaimed Land

    Texas proposes to renumber this section from section 12.820 to 
12.823. Texas also proposes to add a new paragraph (c) that allows the 
Commission to transfer administrative

[[Page 53005]]

responsibility for land acquired under this subchapter to any agency or 
political subdivision of the State with or without cost to that agency. 
In addition, Texas proposes to redesignate old paragraph (c) as new 
paragraph (d) and to add language that requires the State to publish a 
notice of the proposed land disposition. Finally, the State proposes to 
redesignate old paragraphs (d) and (e) as new paragraphs (e) and (f), 
respectively.

III. Public Comment Procedures

    We are reopening the comment period on the proposed Texas plan 
amendment to provide the public an opportunity to reconsider the 
adequacy of the proposed amendment in light of the additional materials 
Texas submitted. Under the provisions of 30 CFR 884.14 and 884.15(a), 
we are seeking comments on whether the proposed amendment satisfies the 
applicable plan approval criteria of 30 CFR 884.14. If we decide the 
amendment is adequate, it will become part of the Texas plan.

Written Comments

    Your written comments should be specific, pertain only to the 
issues proposed in this rulemaking, and include explanations in support 
of your recommendations. In the final rulemaking, we will not 
necessarily consider comments received after the time indicated under 
``DATES'' or at locations other than the Tulsa Field Office. Also, we 
will not necessarily include these comments in the Administrative 
Record.

IV. Procedural Determinations

Executive Order 12866

    This proposed rule is exempted from review by the Office of 
Management and 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 abandoned mine land reclamation plans and revisions since each 
plan is drafted and published by a specific State, not by OSM. 
Decisions on proposed State abandoned mine land reclamation plans and 
revisions 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 30 CFR Parts 884 and 888.

National Environmental Policy Act

    This rule does not require an environmental impact statement since 
agency decisions on proposed State abandoned mine land reclamation 
plans and revisions 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 
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 published 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

    OSM has determined and certifies under the Unfunded Mandates Reform 
Act (2 U.S.C. 1502 et seq.) that this rule will not impose a cost of 
$100 million or more in any given year on local, state, or tribal 
governments or private entities.

List of Subjects in 30 CFR Part 936

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: September 25, 1998.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 98-26490 Filed 10-1-98; 8:45 am]
BILLING CODE 4310-05-P