[Federal Register Volume 64, Number 120 (Wednesday, June 23, 1999)]
[Notices]
[Pages 33510-33511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15937]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement


Proposed Converse County Road 37 Project in Wyoming

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

ACTION: Notice of application for grant funding; public comment period 
on request to fund the Converse County Road 37 project.

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SUMMARY: OSM is announcing its receipt of a grant application from the 
Wyoming Department of Environmental Quality, Abandoned Mine Land 
Division (AMLD). Wyoming is requesting $261,000 from the Abandoned Mine 
Reclamation Fund to pay approximately 50 percent of the cost of 
rebuilding Converse County Road 37 in Converse County, Wyoming. In its 
application, the State proposes paying for part of the reconstruction 
cost as a public facility project that will benefit a community 
impacted by coal mining activities.
    This notice describes when and where the Wyoming abandoned mine 
land (AML) program and the grant application for funding the Converse 
County Road 37 project are available for you to read. It also sets the 
time period during which you may send written comments on the request 
to us.

DATES: We will accept written comments until 4 p.m. m.s.t., July 23, 
1999.

ADDRESSES: You should mail or hand-deliver written comments to Guy V. 
Padgett, Casper Field Office Director, at the address shown below. You 
may read Wyoming's grant application for this proposed project during 
normal business hours Monday through Friday (excluding holidays) at the 
same address. Also, we will send one free copy of the grant application 
to you if you contact OSM's Casper Field Office.

Guy V. Padgett, Director, Casper Field Office, Office of Surface Mining 
Reclamation and Enforcement, Federal Building, Rm. 2403, 100 East ``B'' 
Street, Casper, Wyoming 82601-1918.

FOR FURTHER INFORMATION CONTACT: Guy V. Padgett, Telephone: (307) 261-
6555.

SUPPLEMENTARY INFORMATION:

I. Background on Title IV of SMCRA

    Title IV of the Surface Mining Control and Reclamation Act (SMCRA) 
established an Abandoned Mine Land Reclamation (AMLR) program. The 
purpose of the AMLR program is to reclaim and restore lands and waters 
that were adversely affected by past mining. The program is funded by a 
reclamation fee paid by active coal mining operations. Lands and waters 
eligible for reclamation under Title IV are primarily those that were 
mined, or affected by mining, and abandoned or inadequately reclaimed 
before August 3, 1977, and for which there is no continuing reclamation 
responsibility under State, Federal, or other laws.
    Title IV of SMCRA allows States to submit AMLR plans to us. We, on 
behalf of the Secretary, review those plans and consider any public 
comments we receive about them. If we determine that a State has the 
ability and necessary legislation to operate an AMLR program, the 
Secretary can approve it. The Secretary's approval gives a State 
exclusive authority to put its AMLR plan into effect.
    Once the Secretary approves a State's AMLR plan, the State may 
annually apply to us for money to fund specific projects that will 
achieve the goals of its approved plan. We follow the requirements of 
the Federal regulations at 30 CFR parts 874, 875, and 886 when we 
review and approve such applications.

II. Background on the Wyoming AMLR Plan

    The Secretary of the Interior approved Wyoming's AMLR plan on 
February 14, 1983. You can find background information on the Wyoming 
AML program, including the Secretary's findings and our responses to 
comments, in the February 14, 1983, Federal Register (48 FR 6536). 
Wyoming changed its plan a number of times since the Secretary first 
approved it. In 1984, we accepted the State's certification that it 
addressed all known coal-related impacts in Wyoming that were eligible 
for funding under its program. As a result, the State may now reclaim 
low priority non-coal reclamation projects. You can read about the 
certification and OSM's acceptance in the May 25, 1984, Federal 
Register (49 FR 22139). At the same time, we also accepted Wyoming's 
proposal that it will ask us for funds to reclaim any additional coal-
related problems that occur during the life of the Wyoming AML program 
as soon as it becomes aware of them. In the April 13, 1992, Federal 
Register (57 FR 12731), we announced our decision to accept other 
changes in Wyoming's plan that describe how it will rank eligible coal, 
non-coal, and facility projects for funding. Those changes also 
authorized the Governor of Wyoming to elevate the priority of a project 
based upon the Governor's determination of need and urgency. They also 
expanded the State's ability to construct public facilities under 
section 411 of SMCRA. We approved additional changes in Wyoming's plan 
concerning noncoal lien authority and contractor eligibility that 
improve the efficiency of the State's AML program. That approval is

[[Page 33511]]

described in the February 21, 1996, Federal Register (61 FR 6537).
    Once a State certifies that it has addressed all remaining 
abandoned coal mine problems, and the Secretary concurs, then it may 
request funds to undertake abandoned noncoal mine reclamation, 
community impact assistance, and public facilities projects under 
sections 411 (b), (e), and (f), of SMCRA.
    State law and regulations that apply to the proposed Converse 
County Road 37 funding request include Wyoming Statute 35-11-1202 and 
Wyoming Abandoned Mine Land Regulations, Chapter VII, of the Wyoming 
Abandoned Mine Program.

III. Wyoming's Request To Fund Part of the Cost of Rebuilding 
Converse County Road 37

    The Wyoming Department of Environmental Quality submitted to us a 
grant application dated December 21, 1998. In that application, Wyoming 
asked for $261,000 that it will use to pay for part of the cost of 
rebuilding Converse County Road 37 in Converse County, Wyoming. This 
road is a public facility in a community impacted by coal mining 
activities. The requested funding is 50 percent of the project's total 
cost. Money for the balance of the project cost will come from the 
County's general fund (25 percent), Powder River Coal Company and 
Kennecott Energy Company (25 percent). The Governor of Wyoming 
certified the need and urgency to fund the Converse County Road 37 
project prior to completing the State's remaining inventory of non-coal 
reclamation, as allowed by section 411(f) of SMCRA. That certification 
says the project is in a community impacted by coal mining activities. 
The project involves the rebuilding and paving of 3 miles of County 
Road 37. This road is one of the busiest roads in the County. The road 
directly serves the employees of three coal mines. Employees commute 
daily to these mines by personal vehicles and company buses. A mine 
employee bus accident on the road indicates the need for improving the 
road.
    The project will mitigate the impacts of safety hazards associated 
with the present condition of County Road 37. The Governor's 
certification states that safety hazards impacting coal mine employees 
warrant funding of this project before the remaining inventory of non-
coal projects are completed.

IV. How We Will Review Wyoming's Grant Application

    We will review this grant application with respect to the 
regulations at 30 CFR 875.15, specifically Sec. 875.15(e) (1) through 
(7). As stated in those regulations, the application must include the 
following information: (1) The need or urgency for the activity or the 
construction of the public facility; (2) the expected impact the 
project will have on Wyoming's coal or minerals industry; (3) the 
availability of funding from other sources and, if other funding is 
provided, its percentage of the total costs involved; (4) documentation 
from other local, State, and Federal agencies with oversight for such 
utilities or facilities describing what funding they have available and 
why their agency is not fully funding this specific project; (5) the 
impact on the State, the public, and the minerals industry if the 
facility is not funded; (6) the reason why this project should be 
selected before a priority project relating to the protection of the 
public health and safety or the environment from the damages caused by 
past mining activities, and (7) an analysis and review of the 
procedures Wyoming used to notify and involve the public in this 
funding request, and a copy of all comments received and their 
resolution by the State. Wyoming's application for the Converse County 
Road 37 project contains the information described in these seven 
subsections.
    Section 875.15(f) requires us to evaluate all comments we receive 
and determine whether the funding meets the requirements of 
Sec. 875.15(e) (1) through (7) described above. It also requires us to 
determine if the request is in the best interests of the State's AML 
program. We will approve Wyoming's request to fund this project if we 
conclude that it meets all the requirements of 30 CFR 875.15.

V. What To Do if You Want To Comment on the Proposed Project.

    We are asking for public comments on Wyoming's request for funds to 
pay for part of the cost of rebuilding Converse County Road 37. You are 
welcome to comment on the project. If you do, please send us written 
comments. Make sure your comments are specific and pertain to Wyoming's 
funding request in the context of the regulations at 30 CFR 875.15 and 
the provisions of section 411 of SMCRA. You should explain any 
recommendations you make. If we receive your comments after the time 
shown under DATES or at locations other than the Casper Field Office, 
we will not necessarily consider them in our final decision or include 
them in the administrative record.

    Dated: June 11, 1999.
Guy Padgett,
Director, Casper Field Office.
[FR Doc. 99-15937 Filed 6-22-99; 8:45 am]
BILLING CODE 4310-05-M