[Federal Register Volume 64, Number 14 (Friday, January 22, 1999)]
[Rules and Regulations]
[Pages 3413-3420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1444]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 913

[SPATS No. IL-093-FOR]


Illinois 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 Illinois 
abandoned mine land reclamation plan (Illinois plan) under the Surface 
Mining Control and Reclamation Act of 1977 (SMCRA). Illinois proposed 
revisions and additions to the Illinois plan relating to agency 
reorganization, legal opinion, definitions, project priorities, 
utilities and other facilities, eligible coal lands and water, eligible 
non-coal lands and water, project selection, annual grant process, 
liens, rights of entry, public participation, bidding requirements and 
conditions, contracts, and contractor responsibility. The amendment is 
intended to revise the Illinois plan to be consistent with the 
corresponding

[[Page 3414]]

Federal regulations and SMCRA and improve operational efficiency.

EFFECTIVE DATE: January 22, 1999.

FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Director, 
Indianapolis Field Office, Office of Surface Mining Reclamation and 
Enforcement, Minton-Capehart Federal Building, 575 North Pennsylvania 
Street, Room 301, Indianapolis, Indiana 46204-1521, Telephone (317) 
226-6700.

SUPPLEMENTARY INFORMATION:

I. Background on the Illinois 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 Illinois Plan

    On June 1, 1982, the Secretary of the Interior approved the 
Illinois plan. You can find background information on the Illinois 
plan, including the Secretary's findings, the disposition of comments, 
and the approval of the plan in the June 1, 1982, Federal Register (47 
FR 23886). You can find later actions concerning the Illinois plan and 
amendments to the plan at 30 CFR 913.25.

II. Submission of the Proposed Amendment

    By letter dated October 22, 1998 (Administrative Record No. IL-
5022), Illinois submitted a proposed amendment to its plan under SMCRA. 
The amendment consisted of new and revised narrative discussions and 
implementing regulations. Illinois sent the amendment in response to a 
letter dated September 26, 1994 (Administrative Record No. IL-700-AML), 
that we sent to Illinois under 30 CFR 884.15(d). The amendment also 
includes changes made at Illinois' own initiative.
    We announced receipt of the proposed amendment in the November 11, 
1998, Federal Register (63 FR 63630). In the same document, we 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 December 16, 1998.
    During our review of the amendment, we identified concerns relating 
to nonsubstantive editorial errors in Personnel (30 CFR 884.13(d)(2)); 
Procurement (30 CFR 884.13(d)(3)); 62 IAC 2501.10, Eligible Coal Lands 
and Water; 62 IAC 2501.11, Eligible Non-coal Lands and Water; 62 IAC 
2501.16, Final Selection and Project Deferment; 62 IAC 2501.19, Annual 
Grant Process; 62 IAC 2501.25, Reclamation on Private Lands; 44 IAC 
1150.40, Severability; 44 IAC 1150.200, Bidding Requirements and 
Conditions; 44 IAC 1150.300, Awards and Execution of Contract; and 44 
IAC 1150.1300, Contract Negotiations. We notified Illinois of these 
concerns by letter dated December 16, 1998 (Administrative Record No. 
IL-5034). However, because the editorial errors were nonsubstantive, we 
are proceeding with this final rule.

III. Director's Findings

    Set forth below, under 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.

1. General Changes

    a. Illinois made the following reference changes throughout its 
narrative and implementing regulations: all references to the 
``Abandoned Mined Lands Reclamation Council'' and ``Council'' have been 
changed to the ``Illinois Department of Natural Resources'' or 
``Department''; all references to the ``Executive Director'' have been 
changed to the ``Director of the Office of Mines and Mineral,'' 
``Director of the Department,'' or ``Director,'' as appropriate; all 
references to ``Soil Conservation Service'' have been changed to 
``Natural Resources Conservation Service''; and all references to 
``him'' have been revised to ``him/her'' or some other gender neutral 
reference.
    Illinois also made the following statutory reference changes 
throughout 62 IAC 2501: Ill. Rev. Stat. 1991, ch 96\1/2\, pars. 8001.01 
et seq. was changed to 20 ILCS 1920; Ill. Rev. Stat. 1985, ch. 96\1/2\, 
par. 8001.03(a)(7) was changed to 20 ILCS 1920/1.03(5); Ill. Rev. Stat. 
1985, ch. 96\1/2\, par. 8001.01 et seq. was changed to 20 ILCS 1920; 
Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq. was changed to 5 
ILCS 100; Ill. Rev. Stat. 1989, ch. 96\1/2\, par. 8001.02(a) was 
changed to 20 ILCS 1920/1.02; Ill. Rev. Stat. 1989, ch. 96\1/2\, par. 
8001.03(a) was changed to 20 ILCS 1920/2.03(a); Ill. Rev. Stat. 1985, 
ch. 96\1/2\, par. 8003.05 was changed to 20 ILCS 1920/3.05; Ill. Rev. 
Stat. 1989, ch. 96\1/2\, par. 8002.09(b) was changed to 20 ILCS 1920/
2.09; Ill. Rev. Stat. 1983, ch. 96\1/2\, par. 800.04(d) was changed to 
20 ILCS 1920/2.04(d); and Ill. Rev. Stat. 1985, ch. 127, pars.133b1 et 
seq. was changed to 30 ILCS 605.
    Finally, Illinois made the following statutory reference changes 
throughout 44 IAC 1150: Ill. Rev. Stat. 1985, ch. 96\1/2\, pars. 
8001.01 et seq. and Ill. Rev. Stat. 1991, ch. 127, par. 1005-75 were 
changed to 20 ILCS 1920 and 5 ILCS 100/5-75, respectively.
    We approve the above revisions because they do not alter the 
substance of the Illinois plan.
    b. 62 IAC 2501.1, Scope. Illinois revised the scope of this section 
to reflect the creation of the IDNR. We approve the revision because it 
merely reflects agency reorganization.
    c. 62 IAC 2501.4, Definitions. Illinois removed the definition of 
``council'' and added the definition of ``department'' to reflect the 
creation of the IDNR. We approve the removal and addition of these 
definitions because they merely reflect agency reorganization.
    Illinois also expanded the definition of ``Federal Office'' to 
refer to ``OSM.'' We approve the revised definition because it merely 
clarifies the existing approved definition.

2. Plan Narrative: Introduction

    Illinois revised this section of its plan narrative to describe the 
history of the Illinois Abandoned Mined Lands Reclamation Program, the 
creation of the Department of Natural Resources, and the requirements 
of Title V of the Surface Mining Control and Reclamation Act of 1977. 
We approve Illinois' revised narrative because it does not alter the 
substance of the Illinois plan.

3. Eligible Coal Lands and Water

    Eligible Coal Lands and Water, (30 CFR 874.12(e)). Illinois added 
this new section to its plan narrative to state that the provisions of 
62 IAC 2501.10 detail the eligibility of coal lands and waters for 
reclamation and abatement. We approve the addition of this section to 
the Illinois plan narrative because it is not inconsistent with the 
requirements of 30 CFR 884.13.
    Section 2501.10, Eligible Coal Lands and Water. Illinois added new 
paragraphs (d) through (h) to its implementing regulations at 62 IAC 
2501.10 to read as follows:

    (d) Notwithstanding subsections (a), (b) and (c) of this 
section, coal lands and waters damaged and abandoned after August 3, 
1997 by coal mining processes are also eligible if the Department, 
with the concurrence of OSM, finds in writing that:
    (1) They were mined for coal or affected by coal mining 
processes; and
    (A) The mining occurred and the site was left in either an 
unreclaimed or inadequately reclaimed condition between August 4, 
1977 and June 1, 1982, and any funds for reclamation or abatement 
that are available pursuant to a bond or other form of financial 
guarantee or from any other source are not

[[Page 3415]]

sufficient to provide for adequate reclamation or abatement at the 
site, or
    (B) The mining occurred between August 4, 1977 and November 5, 
1990 and the surety of the mining operator became insolvent during 
that period, and as of November 5, 1990, funds immediately available 
from proceedings relating to insolvency, or from any financial 
guarantee or other source, are not sufficient to provide for 
adequate reclamation or abatement at the site; and
    (2) The site qualifies as a priority 1 or 2 site under Section 
2501.7(c) and (e) of this Part.
    (e) The Department may expend funds available under subsections 
402(g)(1) and (5) of the Surface Mining Control and Reclamation Act 
for reclamation and abatement of any site eligible under Subsection 
(d) above, if the Department, with concurrence of OSM, makes the 
findings required in subsection (d) above and the Department 
determines that the reclamation priority of the site is the same or 
more urgent that the reclamation priority for the lands and water 
eligible pursuant to subsections (a), (b) or (c) above that quality 
as a priority 1 or 2 site under Section 403(a) of the Surface Mining 
Control and Reclamation Act (30 U.S.C. 1233(a)).
    (f) With respect to lands and waters eligible pursuant to 
subsection (d) or (e) above, monies available from sources outside 
the Abandoned Mine Reclamation Federal Trust Fund or that are 
ultimately recovered from responsible parties shall either be used 
to offset the cost of the reclamation or transferred to the 
Abandoned Mine Reclamation Federal Trust Fund if not required for 
further reclamation activities at the permitted site.
    (g) If reclamation of a site covered by an interim or permanent 
program permit is carried out under the AML program, the permittee 
of the site shall reimburse the AML Fund for the cost of reclamation 
that is in excess of any bond forfeited to ensure reclamation. The 
Department, when performing reclamation under subsection (d) above 
shall not be held liable for any violations of any performance 
standards or reclamation requirements specified in Title V of the 
Federal Act, or in the Surface Coal Mining Land Conservation and 
Reclamation Act [225 ILCS 720], nor shall a reclamation activity 
undertaken on such lands or waters be held to any standards set 
forth in those Acts.
    (h) Surface coal mining operations on lands eligible for 
remining shall not affect the eligibility of such lands for 
reclamation and restoration after the release of the bonds or 
deposits posted by any such operation. If the bond or deposit for a 
surface coal mining operation on lands eligible for remining is 
forfeited, AML funds may be used if the amount of such bond or 
deposit is not sufficient to provide for adequate reclamation or 
abatement, except that if emergency conditions warrant, the 
Department shall immediately exercise its authority under the 
Emergency program.

    We approve the addition of the above provisions at 62 IAC 
2501.10(d) through (h) because they are substantively identical to the 
counterpart Federal provisions found at 30 CFR 874.12(d) through (h).

4. Exclusion of Certain Non-coal Reclamation Sites

    Exclusion of Certain Non-coal Reclamation Sites, (30 CFR 875.16). 
Illinois added this new section to its plan narrative to state that the 
provisions of 62 IAC 2501.11 detail the eligibility of non-coal lands 
and waters for reclamation and abatement. We approve the addition of 
this section to the Illinois plan narrative because it is not 
inconsistent with the requirements of 30 CFR 884.13.
    Section 2501.11, Eligible Non-coal Lands and Water. Illinois added 
this new section to its implementing regulations at 62 IAC 2501.11 to 
provide reclamation eligibility guidelines for non-coal lands and 
water. Non-coal lands and water are eligible for reclamation activities 
if they were mined or affected by mining processes; they were mined 
before August 3, 1977, and left or abandoned in either an unreclaimed 
or inadequately reclaimed condition; the operator, permittee, or agent 
of the permittee has no continuing responsibility for reclamation under 
statutes of the State or Federal Government due to bond forfeiture, and 
the forfeited bond is insufficient to pay the total cost of 
reclamation; the Governor agrees that reclamation is necessary and 
submits a letter of request to the Federal Office; it is necessary for 
the protection of the public health and safety, general welfare and 
property; and the lands and water are not designated for remedial 
action under the Uranium Mill Tailings Radiation Control Act of 1978 or 
have been listed for remedial action under the Comprehensive Response 
Compensation and Liability Act of 1980.
    We approve the addition of the above provisions at 62 IAC 2501.11 
because paragraphs (a) through (e) are substantively identical to the 
counterpart Federal provisions found at 30 CFR 875.12(a) through (e) 
and paragraph (f) is substantively identical to the counterpart Federal 
provision found at 30 CFR 875.16. Paragraph (f) also satisfies a 
requirement of OSM's September 26, 1994, letter.

5. Authorization by the Governor

    Illinois revised this section of its plan narrative to reflect the 
creation the Illinois Department of Natural Resources (IDNR). 
Previously, this section consisted of a letter from the Governor 
designating the Abandoned Mined Lands Reclamation Council as the agency 
responsible for administering the State Abandoned Mined Lands program. 
Illinois' revised narrative states that authority for administering the 
State Abandoned Mined Lands program is established by statute. The 
Abandoned Mined Lands and Water Reclamation Act, as amended, 
establishes that IDNR's Office of Mines and Minerals is responsible for 
administering the State reclamation program and receiving and 
administering grants under 30 CFR Part 886. We approve Illinois' 
revised narrative because it meets the requirement of 30 CFR 884.13(a), 
which requires the State reclamation plan to have a designation by the 
Governor of the State of the agency authorized to administer the State 
reclamation program and to receive and administer grants under 30 CFR 
Part 886.

6. Legal Opinion

    Illinois revised this section of its plan narrative by replacing a 
letter from the chief legal officer of the Abandoned Mined Lands 
Reclamation Council with a letter from the chief legal officer of IDNR. 
We approve Illinois' revised narrative because it meets the requirement 
of 30 CFR 884.13(b), which requires the State reclamation plan to have 
a legal opinion from the State Attorney General or the chief legal 
officer of the State agency that the designated agency has the 
authority under State law to conduct the State reclamation program.

7. Project Selection

Project Selection, (30 CFR 884.13(c)(2))
    Illinois revised this section of its plan narrative to state that 
sections 2501.7, 2501.8, 2501.10, 2501.11, 2501.13, 2501.16, and 
2501.34 of the rules entitled ``Abandoned Mined Land Reclamation'' 
detail Abandoned Mined Lands project selection. We approve Illinois' 
revised plan narrative because it meets the requirement of 30 CFR 
884.13(c)(2), which requires a State reclamation plan to have a 
description of the policies and procedures that the designated agency 
will follow in conducting the reclamation program, including the 
specific criteria for ranking and identifying projects to be funded.
Section 2501.7, Objectives and Priorities
    Illinois revised its implementing regulations at 62 IAC 2501.7(c) 
by removing a priority concerning the expenditure of Abandoned Mined 
Lands money on research and demonstration projects relating to the 
development of surface mining reclamation and water quality control 
program and methods

[[Page 3416]]

and techniques. We approve the revision of the above provision because 
it is substantively identical to the counterpart Federal provision 
found at Section 403(a) of SMCRA.
    Illinois also added new paragraphs (d) and (e) to its implementing 
regulations at 62 IAC 2501.7. Paragraph (d) concerns the order in which 
projects are addressed. Paragraph (e) concerns the designation of 
projects that have an adverse economic impact upon a community. We 
approve the addition of the above provisions because they are 
substantively identical to the counterpart Federal provisions found at 
30 CFR 874.13(b) and 30 CFR 874.12(d)(3), respectively.
    Finally, at section 2501.7(f), Illinois revised the date by which 
the Department may make expenditure obligations on lands mined for 
substances other than coal. The date was changed from August 14, 1994, 
to August 31, 1999. We approve the revision of the above provision 
because it is not inconsistent with the provisions of 30 CFR 875.12, 
which detail when non-coal lands and waters are eligible for 
reclamation.
Section 2501.8, Utilities and Other Facilities
    Illinois added this new section to its implementing regulations to 
provide guidance on use of Abandoned Mined Lands funds for water 
supplies. Section 2501.8(a) allows the Department to use up to 30 
percent of the annual Abandoned Mined Lands funds for the purpose of 
protecting, repairing, replacing, constructing, or enhancing facilities 
relating to water supplies, including water distribution facilities and 
treatment plants, to replace water supplies adversely affected by coal 
mining practices. Section 2501.8(b) provides that adverse effects on 
water supplies that occurred both before and after August 3, 1977, are 
eligible for Abandoned Mined Lands funds, in spite of the criteria 
specified in Section 2501.10(b), if the Department finds as part of its 
eligibility opinion that the adverse effects are caused predominantly 
by mining processes undertaken and abandoned before August 3, 1977. 
Section 2501.8(c) provides that adverse effects on water supplies that 
occurred both before and after the dates (and under the criteria) set 
forth in Section 2501.10(d) are eligible for Abandoned Mined Lands 
funds, notwithstanding the criteria specified in Section 2501.10(b), if 
the Department finds as part of its eligibility opinion that the 
adverse effects are caused predominately by mining processes undertaken 
and abandoned before those dates. Finally, section 2501.8(d) provides 
that enhancement of facilities or utilities includes upgrading to meet 
any local, State, or Federal public health or safety requirement. 
Enhancement does not include service area expansion not necessary to 
address a specific abandoned mine land problem.
    We approve the addition of the above provisions at 62 IAC 2501.8 
because they are substantively identical to the counterpart Federal 
provisions found at 30 CFR 874.14.
Section 2501.13, Preliminary Project Selection
    Illinois revised its implementing regulations at 62 IAC 2501.13(b) 
to require the Department to select reclamation projects from a 
database that contains all known abandoned mine sites in the State 
which are eligible under Sections 2501.10 and 2501.11. Also, at 62 IAC 
2501.13(b), Illinois revised the list of problem conditions the 
Department is to use to determine which sites are in the most need of 
reclamation. New section 2501.13(b)(9) provides that flooding of roads 
or improved property caused by sedimentation from Abandoned Mined Lands 
sites is a problem condition. New section 2501.13(b)(10) provides that 
hazardous recreational water bodies is a problem condition. Existing 
sections 2501.13(b)(9) and (10) were redesignated as sections 
2501.13(b)(11) and (12). Finally, Illinois added new section 
2501.13(b)(13) to provide that coal refuse material or spoilbanks 
adversely affecting lands or water resources is a problem condition.
    We approve the revision and addition of the above provisions at 62 
IAC 2501.13(a) and (b) because they meet the requirements of 30 CFR 
874.13, which requires States to conduct reclamation projects in a 
manner that is consistent with OSM's ``Final Guidelines for Reclamation 
Programs and Projects'' (61 FR 68777--68785, December 30, 1996), and 
reflect the priorities of Section 403(a) of SMCRA.
Section 2501.16, Final Selection and Project Deferment
    Illinois revised its regulations at 62 IAC 2501.16(a) to further 
detail the criteria by which the Department will identify and rank 
Abandoned Mined Lands projects. We approve the revision of the above 
provision because it provides additional satisfaction of the 
requirements of 30 CFR 874.13.

8. Coordination of Reclamation Activities

    Illinois revised this section of its plan narrative to require that 
Abandoned Mined Lands staff meet with Natural Resource Conservation 
Service Rural Abandoned Mine Program coordinators on an annual basis to 
coordinate reclamation activities. We approve Illinois' revised plan 
narrative because it meets the requirement of 30 CFR 884.13(c)(3), 
which requires a State reclamation plan to include a description of the 
policies and procedures that the designated agency will follow in 
conducting the reclamation program, including the coordination of 
reclamation work among the State reclamation program and the Rural 
Abandoned Mine Program administered by the Natural Resource 
Conservation Service.

9. Reclamation of Private Land

Reclamation of Private Land, (30 CFR 884.13(c)(5))
    Illinois revised this section of its plan narrative to include an 
explanation of language found at 62 IAC 2501.25(b)(2). We find that the 
addition of this explanatory language merely clarifies the existing 
provision. Therefore, this section of the plan narrative continues to 
meet the Federal requirements at 30 CFR 884.13(c)(5) to describe the 
policies and procedures regarding reclamation on private land under 30 
CFR Part 882.
Section 2501.25, Reclamation on Private Lands
    Illinois added new paragraph (b)(3) to its implementing regulations 
at 62 IAC 2501.25 to allow the Department to waive a lien if it finds, 
before construction, that the reclamation work is being undertaken 
solely to seal, fill, or mark an open or settled mine shaft, drift or 
slope entry, adit or other mine opening or a subsidence pit. We approve 
the addition of the above provision because it is consistent with the 
provisions of 30 CFR 882.13(a)(3), which allows a state to waive a lien 
if findings made prior to construction indicate that the reclamation 
work primarily benefits health, safety, or environmental values of the 
greater community or area in which the land is located; or if the 
reclamation is necessitated by an unforseen occurrence, and the work 
will not result in a significant increase in the market value of the 
land as it existed immediately before the unforseen occurrence.
    Illinois also revised its implementing regulations at 62 IAC 
2501.25(c)(2) and (3). At 2501.25(c)(2), Illinois added

[[Page 3417]]

language to provide that a reclamation lien created under Section 2.09 
of the State Act will continue to exist until satisfied, subject only 
to the 40-year limitation period and the requirements of Sections 13-
118 through 13-121 of the Code of Civil Procedure [735 ILCS 5/13-118 et 
seq.]. At 2501.25(c)(3), Illinois revised the language to allow the 
Department to request appropriate foreclosure action by the Attorney 
General to satisfy the lien if the reclaimed property is transferred 
for an actual consideration in excess of the appraised fair market 
value of the property after reclamation, and the lien is not satisfied 
at the time of transfer. We approve the addition and revision of the 
above provisions because they are consistent with the provision at 30 
CFR 882.14(b), which requires states to maintain or renew liens from 
time to time as required under State or local law.

10. Public Participation

Public Participation, (30 CFR 884.13(c)(7))
    Illinois revised this section of its plan narrative concerning 
preparation of the original state plan, promulgation of rules and plan 
amendments, public participation in the reclamation program, compliance 
with Executive Order 12372, and the list of regional clearinghouses. 
Included in the revision to ``public participation in the reclamation 
program'' is a reference to the newly proposed provisions at 62 IAC 
2501.40.
Section 2501.40, Public Participation
    Illinois added this new section to its implementing regulations at 
62 IAC 2501.40 to provide for public participation in the Abandoned 
Mined Lands program and projects. Section 2501.40(a) provides that any 
interested party may submit information and comments to the Director of 
the Department, the Director of the Office of Mines and Minerals, or 
the Manager of the Abandoned Mined Lands Division at any time. Section 
2501.40(b) requires that the Department handle verbal and written 
requests for information as quickly as possible, and that requests made 
under the Freedom of Information Act (5 ILCS 140) be made and handled 
in accordance with the generally applicable procedures of the 
Department of Natural Resources. Section 2501.40(c) requires the 
Department to have available, upon request, copies of the Illinois 
State Reclamation Plan for Abandoned Mined Lands, Office of Mines and 
Minerals Annual and Bi-Annual Reports, specific project reports, and 
brochures and program materials. However, the availability of such 
reports, brochures and program materials can not be deemed a waiver of 
the Department's right to charge fees for its actual cost of 
reproducing and certifying public records requests under the Freedom of 
Information Act. Further, the Department may charge fees for its actual 
cost for providing multiple copies of free publications. Finally, 
section 2501.40(d) was added to read as follows:

    (d) The Department shall hold such public meetings as it 
determines necessary and appropriate to advise the public of planned 
or ongoing AML projects, and to solicit input and participation in 
the AML program. Any interested person may request, in writing, that 
the Department hold a public meeting in connection with any AML 
project or program activity. Upon receipt of a written request to 
hold a public meeting, the Department shall contact the landowners 
directly involved in the project, as well as the local government 
bodies that may be interested. The Department shall schedule a 
public meeting if it determines that sufficient public interest 
exists to warrant the public meeting.

    We approve Illinois' revised plan narrative and the addition of 62 
IAC 2501.40 because they meet the requirements of 30 CFR 884.13(c)(7), 
which requires a State reclamation plan to have a description of the 
policies and procedures that the designated agency will follow in 
conducting the reclamation program, including public participation and 
involvement in the preparation of the State reclamation plan and in the 
State reclamation program.

11. Administration

    Illinois revised this section of its plan narrative to reflect the 
reorganization of the Division of Abandoned Mined Lands Reclamation, 
within the Office of Mines and Minerals, Department of Natural 
Resources. They also updated the list of other State offices and 
agencies. We approve Illinois' revised plan narrative because it meets 
the requirement of 30 CFR 884.13(d)(1), which requires a State 
reclamation plan to have a description of the administrative and 
management structure to be used in conducting the reclamation program, 
including the organization of the designated agency and its 
relationship to other State organizations or officials that will 
participate in or augment the agency's reclamation capacity.

12. Personnel

    Illinois revised this section of its plan narrative to reflect 
changes in its administrative and management structure and its 
personnel staffing policies. We approve Illinois' revised plan 
narrative because it meets the requirement of 30 CFR 884.13(d)(2), 
which requires a State reclamation plan to have a description of the 
administrative and management structure to be used in conducting the 
reclamation program, including the personnel staffing policies which 
will govern the assignment of personnel to the State reclamation 
program.

13. Procurement

Procurement, (30 CFR 884.13(d)(3))
    Illinois revised this section of its plan narrative by changing all 
references to the Illinois Purchasing Act to the Illinois Procurement 
Code. They also removed language about the provisions of Section 5 and 
Section 9.01 of the Illinois Purchasing Act. Finally, Illinois revised 
its discussion about the exceptions to the competitive bidding 
requirements of the Illinois Procurement Code. We approve Illinois' 
revised plan narrative because it meets the requirement of 30 CFR 
884.13(d)(3), which requires a State reclamation plan to have a 
description of the administrative and management structure to be used 
in conducting the reclamation program, including the purchasing and 
procurement systems to be used by the agency.
    44 IAC 1150. Illinois revised the following sections of its 
implementing regulations at 44 IAC 1150: Section 1150.10, Purpose; 
Section 1150.20, Scope; Section 1150.30; Applicability; Section 
1150.100, Definition of Terms; Section 1150.200, Bidding Requirements 
and Conditions; Section 1150.300, Award and Execution of Contract; 
Section 1150.400, Contracts Involving Expenditures of $30,000.00 or 
Less; Section 1150.500, Emergency Contracting; Section 1150.700, 
Applicability; Section 1150.800, Prequalification; Section 1150.900, 
Subcontracting; Section 1150.1000, Requests for Proposals; and Section 
1150.1300, Contract Negotiations. In addition, Illinois added the 
following sections to its implementing regulations at 44 IAC 1150: 
Section 1150.1100, Evaluation Procedure; Section 1150.1200, Selection 
Procedure; Section 1150.1325, Exemptions; and Section 1150.1350, Firm 
Performance Evaluations.
    We approve the revisions to and additions of the above provisions 
because they meet the requirements of 30 CFR 884.13(d)(3), which 
requires a State reclamation plan to have a description of the 
administrative and management structure to be used in conducting the 
reclamation program,

[[Page 3418]]

including the purchasing and procurement systems to be used by the 
agency.
Section 1150.300(e)
    Illinois added paragraph (e) to its implementing regulations at 44 
IAC 1150.300 to read as follows:

    (1) Under 30 CFR 874.16, every successful bidder for a federally 
funded AML contract must be eligible under 30 CFR 773.15(b)(1) at 
the time of contract award to receive a permit or conditional permit 
to conduct surface coal mining operations. Bidder eligibility must 
be confirmed by the federal Office of Surface Mining, Reclamation 
and Enforcement's automated Applicant/Violator System (AVS) for each 
contract to be awarded.
    (2) At the time the successful bidder is notified by letter of 
intent that his/her bid will be accepted, the Department will 
provide to the bidder an Ownership/Control (``O/C'') information 
package. The bidder shall completely fill out the forms and return 
the completed forms to the Department. The Department will forward 
the completed forms to OSM at the Lexington, Kentucky AVS office for 
data entry and compliance check.
    (3) All subcontractors who will receive 10% or more of the total 
contract funding will also be required to submit an O/C information 
package and be subject to the OSM/AVS compliance check, prior to 
receiving the Department's approval of subcontractor.
    (4) Any contract inspector, selected through a bidding process, 
regardless of the percentage of contract funding, will also be 
required to submit an O/C information package and be subject to the 
OSM/AVS compliance check.
    (5) The Department shall deny a contract and cancel the award 
upon OSM's recommendation that the successful bidder is not eligible 
for an AML contract. The Department shall deny approval of a 
subcontractor upon OSM's recommendation that the subcontractor is 
not eligible for an AML contract. The Department shall deny an 
inspection contract upon OSM's recommendation that the contract 
inspector is not eligible for an AML contract.
    (6) Any person denied an AML contract or participation in an AML 
funded project, shall appeal the decision and recommendation of OSM 
directly to OSM. Appeal should be made to establish eligibility for 
future AML projects. The Department will not delay a project pending 
appeal. The Department's role in the AVS compliance check process is 
ministerial and does not involve exercise of independent judgement 
or review of OSM's decision and recommendation. The Department shall 
not be responsible for any damages sustained by any person by reason 
of OSM's determination as to eligibility for AML contracts.
    (7) After a Contractor, subcontractor, or contract inspector has 
once submitted an O/C information package and has been entered into 
the AVS in connection with an AML project, the Department may, in 
connection with subsequent projects, provide dated AVS printouts 
reflecting the information submitted and the current AVS 
recommendation, along with an AML Contractor O/C Data Certification 
form. The Contractor, subcontractor, or contract inspector shall 
complete and submit the certification in place of the O/C 
information package, in the same manner as provided above.
    (8) Any potential AML Contractor, subcontractor or contract 
inspector may submit O/C information directly to OSM and the 
Lexington AVS Office, to predetermine eligibility for AML contracts.

    We approve the addition of the above provisions because they meet 
the requirements of 30 CFR 874.16 and 30 CFR 875.20 and satisfy a 
requirement of the September 26, 1994, letter we sent to Illinois under 
30 CFR 884.15(d).

14. Reclamation Activity

    Illinois revised the amount of acreage in need of reclamation and 
the amount of acreage funded through the emergency response program in 
this section of its plan narrative. Illinois also added a new paragraph 
on the reclamation activity entitled ``Reclamation of Mine 
Subsidence.'' We approve Illinois revised plan narrative because it 
meets the requirement of 30 CFR 884.13(e), which requires a State 
reclamation plan to have a general description, derived from available 
data, of the reclamation activities to be conducted under the State 
reclamation plan, including the known or suspected eligible lands and 
waters within the State which require reclamation.

15. Reports

    Illinois added this new section to its plan narrative to state that 
the Department will submit the OSM-76 Form, or its electronic 
counterpart in the Abandoned Mine Land Inventory System, at the time of 
project completion. We approve the addition of this section to 
Illinois' plan narrative because it satisfies a requirement of the 
September 26, 1994, letter we sent to Illinois under 30 CFR 884.15(d). 
It is also consistent with 30 CFR 886.23(b), which requires a State 
agency to submit a completed Form OSM-76 and any other closeout reports 
specified by OSM upon completion of a project.

16. Priorities, (20 ILCS 1920/2.03(4))

    Illinois added this new section to its plan narrative to state that 
legislative measures will be taken to ensure compatibility between 
state statutes and federal regulations. This section recognizes that 
section 2.03(a) of the Abandoned Mined Lands and Water Reclamation Act 
is inconsistent with section 403(a) of SMCRA and 62 IAC 2501.7 and 
ensures that legislative action will be taken to correct this 
disparity. We approve the addition of this section to the plan 
narrative because it is not inconsistent with the requirements of 30 
CFR 884.13.

17. 62 IAC 2501.19, Annual Grant Process

    Illinois removed the language found in this section and replaced it 
with language requiring the Department to submit an annual grant 
application to OSM in accordance with the requirements of 30 CFR Part 
886 to cover allowable costs of the Abandoned Mined Lands program. We 
find that Illinois' definition of allowable costs is substantively the 
same as the counterpart Federal definition of allowable costs found at 
30 CFR 886.21. We further find that Illinois' requirement for an annual 
submission of a grant application is not inconsistent with the 
requirements of 30 CFR Part 886. Therefore, we approve Illinois' 
revision of this section.

IV. Summary and Disposition of Comments

Public Comments

    We asked for public comments on the amendment, but did not receive 
any.

Federal Agency Comments

    Under 30 CFR 884.14(a)(2) and 884.15(a), we requested comments on 
the amendment from various Federal agencies with an actual or potential 
interest in the Illinois plan (Administrative Record No. IL-5027). No 
comments were received.

U.S. Environmental Protection Agency (EPA)

    Under 30 CFR 884.14(a)(6), we are required to get a written 
agreement from the EPA for those provisions of the program amendment 
that relate to air or water quality standards issued under the 
authority of the Clean Water Act (33 U.S.C. 1251 et seq.) or the Clean 
Air Act (42 U.S.C. 7401 et seq.). None of the revisions that Illinois 
proposed to make in this amendment pertain to air or water quality 
standards. Therefore, we did not ask the EPA to agree on the amendment.

U.S. Fish and Wildlife Service (FWS)

    Under section 7 of the Endangered Species Act of 1973, as amended 
(16 U.S.C. 1531 et seq), we are required to ask the FWS to determine 
whether those provisions of the program amendment that relate to fish, 
wildlife, or plants and their habitat are likely to jeopardize the 
continued existence of species listed as endangered or threatened 
(under the authority of section 4 of the Endangered Species Act of 
1973) or result in the

[[Page 3419]]

destruction or adverse modification of their habitat. None of the 
revisions that Illinois proposed to make in this amendment pertain to 
fish, wildlife, or plants and their habitat. Therefore, we did not ask 
the FWS for its determination under section 7 of the Endangered Species 
Act of 1973.

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

    Under 30 CFR 884.14(a)(6), we are required to request comments from 
the SHPO and ACHP on amendments that may have an effect on historic 
properties. On November 6, 1998, we requested comments on Illinois' 
amendment (Administrative Record No. IL-5027), but neither responded to 
our request.

V. Director's Decision

    Based on the above findings, we approve the proposed plan amendment 
as submitted by Illinois on October 22, 1998.
    We approve the rules as proposed by Illinois with the provision 
that they be fully promulgated in identical form to the rules submitted 
to and reviewed by OSM and the public.
    The Federal regulations at 30 CFR Part 913, codifying decisions 
concerning the Illinois plan, 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 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 promulgated 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

    No environmental impact statement is required for this rule 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 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. 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 913

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: January 8, 1999.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.For the 
reasons set out in the preamble, 30 CFR Part 913 is amended as set 
forth below:

PART 913--ILLINOIS

    1. The authority citation for Part 913 continues to read as 
follows:

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

    2. Section 913.25 is amended in the table by adding a new entry in 
chronological order by ``Date of final publication'' to read as 
follows:


Sec. 913.25  Approval of Illinois abandoned mine land reclamation plan 
amendments.

* * * * *

----------------------------------------------------------------------------------------------------------------
                                            Date of final
  Original amendment submission date         publication                      Citation/description
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                               *
October 22, 1998.....................  January 22, 1999.......  Illinois Plan Narrative; 62 IAC 2501.1, .4, .7,
                                                                 .8, .10, .11, .13, .16, .19, .22, .25, .28,
                                                                 .31, and .40; 44 IAC 1150.10, 20, .30, .100,
                                                                 .200, .300, .400, .500, .700, .800, .900,
                                                                 .1000, .1100, .1200, .1300, .1325, and .1350.
----------------------------------------------------------------------------------------------------------------


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[FR Doc. 99-1444 Filed 1-21-99; 8:45 am]
BILLING CODE 4310-05-P