[Federal Register Volume 64, Number 34 (Monday, February 22, 1999)]
[Rules and Regulations]
[Pages 8514-8517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4242]


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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: Final rule; approval of amendment.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is approving a proposed amendment to the Utah abandoned mine land 
reclamation (AMLR) plan (hereinafter referred to as the ``Utah plan'') 
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). 
Utah proposed revisions to, and the addition of rules pertaining to, 
the definitions of certain terms, general reclamation requirements for 
coal lands and water, eligible lands and water prior to certification, 
certification of completion of coal sites, eligible lands and water 
subsequent to certification, the exclusion of certain noncoal 
reclamation sites, the extension of land acquisition authority and lien 
requirements to noncoal sites, limited liability, contractor 
responsibility, and reports. Utah also proposed deletion of the rules 
concerning the State reclamation grant period, grant application 
procedures, grant agreements, and grant and budget revisions. The 
amendment revised the Utah plan to meet the requirements of the revised 
corresponding Federal regulations and to be consistent with SMCRA, as 
amended, to incorporate the additional flexibility afforded by the 
revised Federal regulations and SMCRA, and to improve operational 
efficiency.

EFFECTIVE DATE: February 22, 1999.

FOR FURTHER INFORMATION CONTACT: James F. Fulton, Telephone: (303) 844-
1424; Internet address: [email protected].

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 30 CFR 
944.25.

II. Proposed Amendment

    By letter dated August 2, 1995, Utah submitted a proposed amendment 
to its AMLR plan (Administrative Record No. UT-1071-1) pursuant to 
SMCRA (30 U.S.C. 1201 et seq.). Utah submitted the proposed amendment 
in response to OSM's 30 CFR 884.15(d) letter dated September 26, 1994 
(Administrative Record No. UT-1011), and at its own initiative. The 
provisions of the Utah Administrative Rules (Utah Admin. R.) that Utah 
proposed to revise, add, or delete were: Utah Admin. R. 643-870-500, 
Definitions of ``Eligible lands and water,'' ``Left or abandoned in 
either an unreclaimed or inadequately reclaimed condition,'' ``Office'' 
or ``OSM,'' and ``Secretary;'' Utah Admin. R. 643-874-100 and -110, 
General Reclamation Requirements; Utah Admin. R. 643-874-124 through -
128, Eligible Lands and Water; Utah Admin. R. 643-874-130 through -132, 
Reclamation Objectives and Priorities; Utah Admin. R. 643-874-140 
through -144, Utilities and other facilities; Utah Admin. R. 643-874-
150, Limited liability; Utah Admin. R. 643-874-160, Contractor 
responsibility; Utah Admin. R. 643-875-120 and -122 through -126, 
Eligible lands and water prior to certification (non-coal); Utah Admin. 
R. 643-875-130 through -133, Certification of completion of coal sites; 
Utah Admin. R. 643-875-140 through -142, Eligible lands and water 
subsequent to certification (non-coal); Utah Admin. R. 643-875-150 
through -155.700, Reclamation priorities for noncoal program; Utah 
Admin. R. 643-875-160, Exclusion of certain noncoal reclamation sites; 
Utah Admin. R. 643-875-170, Land acquisition authority-noncoal; Utah 
Admin. R. 643-875-180, Lien requirements; Utah Admin. R. 643-875-190, 
Limited liability; Utah Admin. R. 643-875-200, Contractor 
responsibility; Utah Admin. R. 643-

[[Page 8515]]

877-141, Entry for Emergency Reclamation; Utah Admin. R. 643-879-141, 
Management of Acquired Land; Utah Admin. R. 643-879-152.200, -153, and 
-154, Disposition of Reclaimed Land; Utah Admin. R. 643-882-132, Liens; 
Utah Admin. R. 643-884-150, State Reclamation Plan Amendment; 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, -124, -125, and -128, General Reclamation 
Requirements; Utah Admin. R. 643-875-132, Certification of completion 
of coal sites; Utah Admin. R. 643-877-120, Entry for Studies or 
Exploration; 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 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. 643-874-124 and -125, General 
Reclamation Requirements.
    Based upon the additional explanatory information and revisions to 
the proposed plan amendment submitted by Utah, OSM reopened the public 
comment period in the April 7, 1997, Federal Register (62 FR 16507, 
Administrative Record No. UT-1071-11). The public comment period closed 
on April 22, 1997.
    During the 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).
    OSM announced receipt of the proposed revisions and additional 
explanatory information in the January 14, 1998, Federal Register (63 
FR 2192, Administrative Record No. UT-1071-17) and invited public 
comment on the substantive adequacy of the proposed changes. Because no 
one requested a public hearing or meeting, none was held. The public 
comment period ended on January 29, 1998.

III. Director's Findings

    As discussed below, the Director, in accordance with SMCRA and 30 
CFR 884.14 and 884.15, finds that the proposed plan amendment submitted 
by Utah on August 2, 1995, and as revised and supplemented with 
additional explanatory information on March 12, 1997, and December 30, 
1997, meets the requirements of the corresponding Federal regulations 
and is consistent with SMCRA. Thus, the Director approves the proposed 
amendment.

1. Nonsubstantive Revisions to Utah's Rules

    Utah proposed revisions to the following previously-approved rules 
that are nonsubstantive in nature and consist of minor editorial 
changes (corresponding Federal regulation provisions are listed in 
parentheses):
    Utah Admin. R. 643-870-500 (30 CFR 870.5), definition of ``Office'' 
or ``OSM;''
    Utah Admin. R. 643-877-141 (30 CFR 877.14(a)), Entry for Emergency 
Reclamation;
    Utah Admin. R. 643-879-141 (30 CFR 879.14), Management of Acquired 
Land;
    Utah Admin. R. 643-879-152.200, 643-879-153, and 643-879-154 (30 
CFR 879.15(b)(2), (c), and (d)), Disposition of Reclaimed Land;
    Utah Admin. R. 643-882-132 (30 CFR 882.13(a)(3)), Liens; and
    Utah Admin. R. 643-884-150 (30 CFR 884.15), State Reclamation Plan 
Amendment.
    Because the proposed revisions to these previously-approved rules 
are nonsubstantive in nature, the Director finds that these proposed 
Utah rules meet the requirements of the Federal regulations. The 
Director approves the proposed revisions to these rules.

2. Substantive Revisions to Utah's Rules That Are Substantively 
Identical to the Corresponding Provisions of the Federal Regulations

    Utah proposed revisions to the following rules that are substantive 
in nature and contain language that is substantively identical to the 
requirements of the corresponding Federal regulations provisions 
(listed in parentheses):
    Utah Admin. R. 643-870-500 (30 CFR 705.5), definition of 
``Secretary;''
    Utah Admin. R. 643-870-500 (30 CFR 870.5 and Section 403(b)(2) of 
SMCRA), definition of ``Left or abandoned in either an unreclaimed or 
inadequately reclaimed condition;''
    Utah Admin. R. 643-874-100 and -110 (30 CFR 874.1 and 874.11), 
General Reclamation Requirements;
    Utah Admin. R. 643-874-124 through -128 (30 CFR 874.12 (d), (e), 
(f), (g), and (h)), Eligible (coal) Lands and Water;
    Utah Admin. R. 643-874-130 through -132 (30 CFR 873.13), 
Reclamation Objectives and Priorities;
    Utah Admin. R. 643-874-140 through -144 (30 CFR 874.14), Utilities 
and other facilities;
    Utah Admin. R. 643-874-150 (30 CFR 874.15), Limited liability;
    Utah Admin. R. 643-874-160 (30 CFR 874.16), Contractor 
responsibility;
    Utah Admin. R. 643-875-120 through -200 (30 CFR 875.12 through 
875.20), Noncoal Reclamation; and
    Utah Admin. R. 643-886-232.240 (30 CFR 886.23(b)), Reports.
    Because these proposed Utah rules are substantively identical to 
the corresponding provisions of the Federal regulations, the Director 
finds that they meet the requirements of the Federal regulations. The 
Director approves the proposed revisions to these rules.

3. Utah Admin. R. 643-870-500, Definition of ``Eligible Lands and 
Water''

    Utah proposed a new definition of the term ``Eligible lands and 
water'' at Utah Admin, R. 643-870-500 to provide for: (1) Reclamation 
of drainage abatement expenditures for coal mining operations on lands 
and water damaged by such operations prior to August 3, 1977, and for 
which there is no continuing reclamation responsibility, and (2) 
eligibility of lands and water damaged by coal mining operations after 
August 3, 1977, and on or before November 5, 1990, if they meet the 
requirements specified in R643-874-123 and R643-874-124. Other 
requirements included in the proposed definition concern eligible lands 
and water following certification of the completion of all

[[Page 8516]]

known coal problems and additional eligibility requirements for water 
projects.
    Utah's proposed definition at Utah Admin. R. 643-870-500 was not in 
compliance with the counterpart Federal definition at 30 CFR 870.5, 
which provides, in pertinent part, that ``Eligible lands and water'' 
includes lands and water damaged by coal mining operations after August 
3, 1977, and November 5, 1990, if they meet the requirements of 30 CFR 
874.12(d) and (e). Utah's proposed definition lacked a reference to 
Utah Admin. R. 643-874-125, which is the State counterpart to 30 CFR 
874.12(e). However, Utah added a cross-reference to Utah Admin. R. 643-
874-125 in its December 30, 1997, submittal. The definition now 
includes a provision allowing the State to expend funds made available 
under section 402(g)(1) and (5) of SMCRA for reclamation and abatement 
of any interim coal or insolvent surety site where other criteria are 
met. Therefore, the Director approves the revised definition of 
``Eligible lands and water'' at Utah Admin. R. 643-870-500.

4. Utah Admin. R. 643-886-130 through -190, State Reclamation Grants

    Utah proposes to delete the rules at Utah Admin. R. 643-886-130 
through -190, concerning State Reclamation Grants, as the language is 
outdated with the implementation of the revised AML grant procedures in 
the February 22, 1995, Federal Register (60 FR 9974). The AML grant 
procedures were revised in 1995 to reflect several Congressional 
amendments to Title IV of SMCRA. Specifically, OSM revised the 
regulations at 30 CFR 886.13 to delete any reference which listed 
administrative grants as a separate entity; to delete reference to 
``impact assistance funding;'' to delete specific references to 
sections of SMCRA; and to delete references to specific AML projects, 
which are now part of the Abandoned Mine Land Inventory System.
    Utah, in order to reflect the Federal regulatory revisions, is 
proposing to delete references to the grant period, the annual 
submission of projects, the grant application procedures, grant 
agreements, and grant and budget revisions. All of the aforementioned 
requirements have been deleted in the revised Federal regulations 
except those concerning the grant period.
    The revised Federal regulations at 30 CFR 866.13(a), concerning the 
grant period, state that: (1) The period for administrative costs of 
the agency should not exceed the first year of the grant, and (2) the 
Director shall approve a grant period on the basis of information in 
the application showing that projects to be funded will fulfill the 
objectives of 30 U.S.C. 1201 et seq. These Federal regulations at 30 
CFR 886.13(a) provide OSM's procedures for the processing of State AML 
grants, which apply to all State reclamation plans regardless of State 
plan provisions. Because 30 CFR 866.13(a) provides only Federal 
requirements, there is no need for the Utah plan to contain equivalent 
provisions. Therefore, the Director approves Utah's deletion of Utah 
Admin. R. 643-886-130 through 643-886-190.1

IV. Summary and Disposition of Comments

    Following are summaries of all substantive written comments on the 
proposed amendment that were received by OSM, and OSM's responses to 
them.

1. Public comments

    OSM invited public comments on the proposed amendment, but none 
were received.

2. Federal Agency Comments

    Pursuant to 30 CFR 884.15(a) and 884.14(a)(2), OSM solicited 
comments on the proposed amendment from various Federal agencies with 
an actual or potential interest in the Utah plan (Administrative Record 
Nos. UT-1071-2 and UT-1071-10).
    Four agencies responded that they had no comments: the State 
Historic Preservation Office (August 23, 1995, Administrative Record 
No. UT-1071-4); the Bureau of Mines (September 7, 1995, Administrative 
Record No. UT-1071-5); the U.S. Fish and Wildlife (September 12, 1995, 
Administrative Record No. UT-1071-6; April 8, 1997, Administrative 
Record No. UT-1071-12; and January 16, 1998, Administrative Record No. 
UT-1071-18); and the Mine Safety Health Administration (September 20, 
1995, Administrative Record No. UT-1071-7 and May 1, 1997, 
Administrative Record No. UT-1071-13).

V. Director's Decision

    Based on the above findings, the Director approves Utah's proposed 
plan amendment as submitted on August 2, 1995 and as revised on March 
12, 1997 and December 30, 1997.
    The Director approves, as discussed in: Finding No. 1, Utah Admin. 
R. 643-870-500, the definition of ``Office'' or ``OSM;'' 643-877-141, 
concerning Entry for Emergency Reclamation; 643-879-141, concerning 
Management of Acquired Land; 643-879-152.200, 643-879-153, and 643-879-
154, concerning Disposition of Reclaimed Land; 643-882-132, concerning 
Liens; and 643-884-150, concerning State Reclamation Plan Amendment; 
Finding No. 2, Utah Admin. R. 643-870-500, the definitions of 
``Secretary'' and ``Left or abandoned in either an unreclaimed or 
inadequately reclaimed condition;'' 643-874-100 and -101, concerning 
General Reclamation Requirements; 643-874-124 through -128, concerning 
Eligible (coal) Lands and Water; 643-874-130 through -132, Reclamation 
Objectives and Priorities; 643-874-140 through -144, concerning 
Utilities and other facilities, 643-874-150, concerning Limited 
liability; 643-874-160, concerning Contractor responsibility; 643-875-
120 through -200, Noncoal Reclamation; and 643-886-232.240, concerning 
Reports; Finding No. 3, Utah Admin. R. 643-870-500, concerning the 
definition of ``Eligible lands and water,'' and Finding No. 4, the 
deletion of Utah Admin. R. 643-886-130 through -190, concerning State 
Reclamation Grants.
    The Director approves the rules as proposed by Utah 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 944, codifying decisions 
concerning the Utah 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

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 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 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 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

[[Page 8517]]

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 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: February 9, 1999.
Russell F. Price,
Acting Regional Director, Western Regional Coordinating Center.

    For the reasons set out in the preamble, Title 30, Chapter VII, 
Subchapter T of the Code of Federal Regulations is amended as set forth 
below:

PART 944--UTAH

    1. The authority citation for Part 944 continues to read as 
follows:

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

    2. Section 944.25 is amended in the table by adding a new entry in 
chronological order by ``Date of Final Publication'' to read as 
follows:


Sec. 944.25  Approval of Utah abandoned mine land reclamation plan 
amendments.

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                                            Date of final
  Original amendment submission date         publication                      Citation/description
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*                  *                  *                  *                  *                  *
                                                        *
August 2, 1995.......................  February 22, 1999......  Utah Admin. R. 643-870-500; 643-874-100 and -
                                                                 110; 643-874-124 through -128; 643-874-130
                                                                 through -132; 643-874-140 through -144; 643-874-
                                                                 150; 643-874-160; 643-875-120 through -200; 643-
                                                                 877-141; 643-879-141; 643-879-152.200, -153,
                                                                 and -154; 643-882-132; 643-884-150; and 643-886-
                                                                 232.240.
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[FR Doc. 99-4242 Filed 2-19-99; 8:45 am]
BILLING CODE 4310-05-M