[Federal Register Volume 63, Number 227 (Wednesday, November 25, 1998)]
[Rules and Regulations]
[Pages 65068-65071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31491]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 943

[SPATS No. TX-039-FOR]


Texas 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 an 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). Texas 
proposed additions, deletions, and revisions to its plan pertaining to 
Responsibilities; Definitions; Abandoned mine land reclamation fund; 
Eligible coal lands and water; Reclamation objectives and priorities; 
Reclamation project evaluations; Utilities and other facilities; 
Limited liability; Entry for studies or exploration; Contractor 
responsibility; Eligible noncoal lands and water; Reclamation 
priorities for noncoal program; Exclusion of certain noncoal 
reclamation sites; Land acquisition authority--noncoal; Lien 
requirements; Written consent for entry; Operations on private land; 
Entry and consent to reclaim; Appraisals; Liens; Satisfaction of liens; 
Entry for emergency reclamation; Land eligible for acquisition; 
Procedures for acquisition; Acceptance of gifts of land; Management of 
acquired land; and Disposition of reclaimed lands. Texas intended to 
revise its plan to be consistent with the corresponding Federal 
regulations.

EFFECTIVE DATE: November 25, 1998.

FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Director, Tulsa 
Field Office, Office of Surface Mining, 5100 East Skelly Drive, Suite 
470, Tulsa, Oklahoma 74135-6547, Telephone: (918) 581-6430, E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:
I. Background on the Texas 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 Texas Plan

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

II. Submission 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 of SMCRA. Texas submitted the amendment at its own 
initiative. We announced receipt of the amendment in the December 29, 
1997, Federal Register (62 FR 67592). In the same document, we opened 
the public comment period and provided an opportunity for a public 
hearing on the adequacy of the amendment. The public comment period 
closed on 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 for 
acquisition; Disposition of reclaimed lands; Liens. We also identified 
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 proposed additional revisions to the following sections: 
12.803 Eligible coal lands and water; 12.809 Reclamation priorities for 
noncoal program; 12.811 Land acquisition authority-noncoal; 12.812 Lien 
requirements; 12.814 Entry and consent to reclaim; 12.815 Appraisals; 
12.816 Liens; 12.817 Satisfaction of liens; 12.818 Entry for emergency 
reclamation; 12.819 Land eligible for acquisition; 12.820 Procedures 
for acquisition; 12.821 Acceptance of gifts of lands; 12.822 Management 
of acquired land; and 12.823 Disposition of reclaimed lands.
    Based upon the additional explanatory information and revisions to 
the proposed plan amendment submitted by Texas, we reopened the public 
comment period in the October 2, 1998, Federal Register (63 FR 53003). 
The public comment period closed on October 19, 1998.

III. Director's Findings

    Set forth below, under the provisions of SMCRA and the Federal 
regulations at 30 CFR 884.14 and 884.15, are our findings concerning 
the proposed amendment. Revisions not specifically discussed below 
concern nonsubstantive wording changes, or revised cross-references and 
paragraph notations to reflect organizational changes resulting from 
this amendment.

A. Sections That Texas Deleted From Its Regulations

1. Section 12.805, Reclamation Project Evaluation
    Texas proposed to delete this section. We are approving this 
deletion because we have no counterpart Federal regulation and the 
deletion will not make the Texas regulations inconsistent with the 
Federal regulations.
2. Section 12.814, Operations on Private Lands
    Texas proposed to delete this section. We are approving this 
deletion because the provisions in this section are contained in new 
Sections 12.814, Entry and Consent to Reclaim and 12.815, Entry for 
Emergency Reclamation. Also, the deletion will not make the Texas 
regulations inconsistent with the Federal regulations.

B. Revisions to Texas' Plan That Are Substantively Identical to the 
Corresponding Provisions of the Federal Regulations

    The proposed State regulations listed in the table contain language 
that is the same as or similar to the corresponding sections of the 
Federal regulations. Differences between the proposed State provisions 
and the Federal provisions are nonsubstantive.

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              Topic                           State regulation                Federal counterpart regulation
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Definitions for abandoned mine     Section 12.801.......................  30 CFR 870.5.
 reclamation fund or fund,
 eligible lands and water,
 emergency, extreme danger, left
 or abandoned in either an
 unreclaimed or inadequately
 reclaimed condition, mineral
 owner, OSM, permanent facility,
 project, reclamation activity,
 State reclamation program, Texas
 abandoned mine reclamation fund
 or State fund.
Texas Abandoned Mine Reclamation   Section 12.802.......................  30 CFR 872.12.
 Fund.
Eligible Coal Lands and Water....  Section 12.803.......................  30 CFR 874.12.
Reclamation Objectives and         Section 12.804.......................  30 CFR 874.13.
 Priorities.
Utilities and other Facilities...  Section 12.805.......................  30 CFR 874.14 (b) and (d).
Limited Liability................  Section 12.806.......................  30 CFR 874.15.
Contractor Responsibility........  Section 12.807.......................  30 CFR 874.16 and 875.20.
Eligible Noncoal Lands and Water.  Section 12.808.......................  30 CFR 875.14.
Reclamation Priorities for         Section 12.809.......................  30 CFR 875.15.
 Noncoal Program.
Exclusion of Certain Noncoal       Section 12.810.......................  30 CFR 875.16.
 Reclamation Sites.
Land Acquisition Authority--       Section 12.811.......................  30 CFR 875.17.
 Noncoal.
Lien Requirements................  Section 12.812.......................  30 CFR 875.18.
Written Consent for Entry........  Section 12.813.......................  30 CFR 877.11
Procedures for Acquisition.......  Section 12.820.......................  30 CFR 879.12.
Management of Acquired Land......  Section 12.822.......................  30 CFR 879.14.
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    Because the above proposed revisions are identical in meaning to 
the corresponding Federal regulations, we find that Texas' revised plan 
is in compliance with the Federal regulations.

C. Revisions to Texas' Plan That Are Not Substantively Identical to the 
Corresponding Provisions of the Federal Regulations

1. Section 12.814, Entry and Consent to Reclaim
    Texas proposed to repeal section 12.814, Operations on Private 
lands, and adopt new section 12.814, Entry and Consent to Reclaim. This 
new section authorizes the Commission to enter land to perform 
reclamation activities or conduct studies or exploratory work to 
determine the existence of the adverse effects of past coal mining with 
or without the landowner's permission. The Commission must give a 
minimum of 30 days written notice to the landowner before entering 
property where the landowner's permission to enter has not been 
obtained or where the landowner is not known or is readily available. 
If the landowner is known, the Commission 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 
landowner is not known, or if the current mailing address of the 
landowner is not known, the Commission will post a notice in one or 
more places on the property to be entered where it is readily visible 
to the public. The Commission 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.
    We are approving this revision because it is consistent with the 
counterpart Federal regulations at 30 CFR 877.13.
2. 12.816, Liens
    In paragraph (a)(2), Texas proposed to add a provision that allows 
it 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, in paragraph (d), Texas proposed to conduct hearings and any 
appeals by landowners concerning the amounts of the liens under Chapter 
2001, Government Code.
    The State removed language that required it to place a lien against 
reclaimed land if the reclamation results in an increase in the fair 
market value with one exception. This exception is that the State may 
waive the lien if the cost of filing it exceeds the increase in fair 
market value as a result of the reclamation activities. The State 
proposed to allow itself the discretion to place a lien against the 
reclaimed land and to also retain the exception for waiving liens.
    We are approving these revisions because they are in compliance 
with the counterpart Federal regulations at 30 CFR 882.13.
3. 12.818, Entry for Emergency Reclamation
    Texas proposed to adopt this new section to conform with the Texas 
Natural Resources Code, Section 134.152 (b) and (c). This new section 
allows the Commission to enter land where an emergency exists and other 
land necessary to have access to that land. It also allows the 
Commission to restore, reclaim, abate, control, or prevent the adverse 
effects of coal mining practices, and to do whatever is necessary and 
suitable to protect the public health, safety, or general welfare.
    We are approving this new section because it is consistent with the 
counterpart Federal regulations at 30 CFR 877.14(a). However, because 
Texas has not formally assumed responsibility for its abandoned mine 
land emergency program, we are under no obligation to reimburse it for 
expenses it acquires in handling any emergencies under this section.
4. Section 12.819, Land Eligible for Acquisition
    This section sets forth the criteria that any land must meet before 
the State can purchase the land with abandoned mine land reclamation 
funds. We are approving this section because it is in compliance with 
the Federal regulations at 30 CFR 879.11.
5. Section 12.821, Acceptance of Gifts of Land
    Texas proposed to renumber this section from Section 12.812 to 
12.821. Texas revised paragraphs (a) and (c) to read as follows:

    (a) The Commission under an approved reclamation plan may accept 
donations of title to land or interests in land if the land proposed 
for donation meets the requirements set out in Sec. 12.819 of this 
title (relating to Land Eligible for Acquisition).
    (c) If the offer is accepted, a deed of conveyance shall be 
executed, acknowledged and recorded. The deed shall state that it is 
made ``as a gift under the Texas Surface Coal Mining and Reclamation 
Act.'' Title to donated land shall be in the name of the state of 
Texas.


[[Page 65070]]


    We are approving these revisions because they are consistent with 
the Federal regulations at 30 CFR 879.13.
6. Section 12.823, Disposition of Reclaimed Land
    Texas proposed to renumber this section from Section 12.813 to 
12.823, and to reformat this section. This section sets forth the 
criteria under which the State may dispose of land acquired under 
Section 12.819, Land Eligible for Acquisition. We are approving this 
revision because it is in compliance with the Federal regulations at 30 
CFR 879.15.

D. Revisions to Texas' Plan That Do Not Have Corresponding Provisions 
in the Federal Regulations

    Texas proposed section 12.800 Responsibilities as an addition to 
its regulations. This section sets forth the responsibilities that the 
Commission will have regarding the Texas Abandoned Mine Land 
Reclamation Program. We previously approved this section in the April 
22, 1998, Federal Register notice (63 FR 19821).

IV. Summary and Disposition of Comments

Public Comments

    We asked the public for comments and provided an opportunity for a 
public hearing on the proposed amendment. We did not receive any public 
comments, and because no one requested an opportunity to speak at a 
public hearing, we did not hold one.

Federal Agency Comments

    Under the provisions of 30 CFR 884.14(a)(2) and 884.15(a), we 
requested comments on the proposed amendment from various other Federal 
agencies with an actual or potential interest in the Texas plan. We 
received comments from the U.S. Army Corps of Engineers in letters 
dated January 27, and October 5, 1998 (Administrative Record Nos. TAML-
61.06 and TAML-61.16, respectively). The letters stated that the 
changes Texas proposed in its amendment were satisfactory.

V. Director's Decision

    Based on the above findings, we approve the proposed plan amendment 
as submitted by Texas on December 1, 1997, and as revised on September 
3, 1998. We approve the regulations as proposed by Texas with the 
provision that Texas fully issue, in identical form, the regulations 
they submitted and we and the public reviewed.
    We are amending the Federal regulations at 30 CFR Part 943, that 
codify decisions concerning the Texas plan. We are also making this 
final rule 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. SMCRA requires 
consistency of State and Federal standards.

VI. 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 and Tribal abandoned mine land reclamation plans and revisions 
since each plan is drafted and issued by a specific State or Tribe, not 
by OSM. Decisions on proposed abandoned mine land reclamation plans and 
revisions submitted by a State or Tribe 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 Part 884.

National Environmental Policy Act

    This rule does not require an environmental impact statement since 
agency decisions on proposed State and Tribal 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 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 the regulations would not have a 
significant economic effect upon a substantial number of small 
entities. Accordingly, this rule will ensure that existing requirements 
previously issued by OSM will be implemented. 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 provisions of 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 943

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: November 6, 1998.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.

    For the reasons set out in the preamble, 30 CFR Part 943 is amended 
as set forth below:

PART 943--TEXAS

    1. The authority citation for Part 943 continues to read as 
follows:

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

    2. Section 943.25 is amended in the table by adding a new entry in 
chronological order by ``Date of final publication'' to read as 
follows:


Sec. 943.25  Approval of Texas abandoned mine land reclamation plan 
amendments.

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   Original amendment submission date      Date of final publication              Citation/description
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*                  *                  *                  *                  *                  *
                                                        *
December 1, 1997........................  November 25, 1998..........  12.800 through .814; .815(d); .816; .818
                                                                        through .823.
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[FR Doc. 98-31491 Filed 11-24-98; 8:45 am]
BILLING CODE 4310-05-P