[Federal Register Volume 64, Number 223 (Friday, November 19, 1999)]
[Notices]
[Pages 63336-63337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30259]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement


Proposed Construction of Etna Water Distribution System

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 Etna Water Distribution System.

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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 $111,500.00 from the Abandoned 
Mine Reclamation Fund to pay approximately 8 percent of the cost of 
building the Etna Water Distribution System. The Wyoming Water 
Development Commission will provide $689,300. The Rural Utility Service 
will provide $540,000. 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 and mineral mining.
    This notice describes when and where you may read the grant 
application for funding the Etna Water Distribution System project. 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 4:00 p.m., m.s.t., 
December 20, 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.
    Our practice is to make comments, including names and home 
addresses of respondents, available for public review during regular 
business hours. Individual respondents may request that we withhold 
their home address from the rulemaking (of administrative) record, 
which we will honor to the extent allowable by law. There also may be 
circumstances in which we would withhold from the rulemaking [or 
administrative] record a respondent's identity, as allowable by law. If 
you wish us to withhold your name/or address, you must state this 
prominently at the beginning of your comment. However, we will not 
consider anonymous comments. We will make all submissions form 
organizations or businesses, and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses, available for public inspection in their entirety.

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 
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 had 
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 non-coal 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 non-coal mine

[[Page 63337]]

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 Abandoned Coal 
Mine Land Program Etna Water Distribution System 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 the Cost of Etna Water Distribution 
System

    The Wyoming Department of Environmental Quality submitted to us a 
grant application dated November 1, 1999. In that application, Wyoming 
asked for $111,500 to pay for a part of the cost of constructing the 
Etna Water Distribution System. The Governor of Wyoming certified the 
need and urgency to fund this project prior to completing the State's 
remaining inventory of non-coal reclamation work, as allowed by section 
411(f) of SMCRA. That certification says the project is in a community 
impacted by coal mining activities. The requested funding is 
approximately 8 percent of the project's total cost. Money for the 
balance of the project cost will come from the Wyoming Water 
Development Commission ($689,300) and the Rural Utility Service 
($540,000). The facility consists of storage, transmission, and 
distribution upgrades to the water distribution system in the community 
of Etna, Wyoming.
    This project will mitigate the impacts of safety hazards associated 
with the present condition of the Etna Water System. The Etna water 
system is experiencing serious bacteriological risks as demonstrated by 
an EPA Administrative Order. The Governor's certification states that 
safety hazards 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 using 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 cost 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 the 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 
request, and a copy of all comments received and their resolution by 
the State. Wyoming's application for the Etna Water Distribution System 
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 reconstructing the Etna water system. 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: November 3, 1999.
Guy Padgett,
Director, Casper Field Office.
[FR Doc. 99-30259 Filed 11-18-99; 8:45 am]
BILLING CODE 4310-05-M