[Federal Register Volume 64, Number 120 (Wednesday, June 23, 1999)]
[Notices]
[Pages 33513-33514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15939]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement


Proposed Construction of Cokeville High School in Lincoln County, 
WY

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 Cokeville High School 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 $1 million from the Abandoned 
Mine Reclamation Fund to pay approximately 19 percent of the cost of 
building the Cokeville High School in Lincoln County, Wyoming. The 
Wyoming State Legislature will provide $3 million (58%) of the funds 
and the Lincoln County School Board will provide $1.2 million. 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 Cokeville 
High School 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 received 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 
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 Cokeville High 
School 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 Construction of 
a New High School in Cokeville, Wyoming

    The Wyoming Department of Environmental Quality submitted to us a 
grant application dated December 21, 1998. In that application, Wyoming 
asked for $1 million that it will use to pay for part of the cost of 
building the Cokeville High School This building project is a public 
facility in a community impacted by coal mining activities. The 
requested funding is 19 percent of the project's total cost. Money for 
the balance of the project cost will come from the State Legislature 
(58%) and Lincoln County School District #2 (23%). The Governor of 
Wyoming certified the need and urgency to fund the Cokeville High 
School project prior to completing the State's remaining inventory of 
non-coal reclamation work

[[Page 33514]]

as allowed by section 411(f) of SMCRA. That certification says the 
project is in a community impacted by coal mining activities. The State 
Fire Marshal has condemned the existing structure and will not permit 
its use. Only the gymnasium and auditorium can be used. The remainder 
cannot be used. The school was heavily damaged by earthquakes. An 
inspection by AML engineers confirms the danger. Currently, students 
are housed in portions of the old high school (gymnasium and 
auditorium), modular buildings and other community buildings. This 
poses a safety hazard to the students because no central emergency 
system exists in case of fire or other hazard. The Governor's 
Certification states that the safety hazards associated with the old 
high school warrant funding of this project before the remaining 
inventory of non-coal projects.

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 Secs. 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 till 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 Cokeville High 
School 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 building a new high school in Cokeville, 
Wyoming. 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 SMCFA. 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. 99-15939 Filed 6-22-99; 8:45 am]
BILLING CODE 4310-05-M