[Federal Register Volume 68, Number 28 (Tuesday, February 11, 2003)]
[Proposed Rules]
[Pages 6838-6842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3365]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 68, No. 28 / Tuesday, February 11, 2003 / 
Proposed Rules  

[[Page 6838]]



DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 917

[KY-239-FOR]


Kentucky Abandoned Mine Land Reclamation Plan

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

ACTION: Proposed rule; public comment period and opportunity for public 
hearing.

-----------------------------------------------------------------------

SUMMARY: We are announcing receipt of a proposed amendment to the 
Kentucky abandoned mine land reclamation plan (Kentucky plan) under the 
Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). 
Kentucky proposes to revise the Kentucky plan in its entirety to be 
consistent with the corresponding Federal regulations and SMCRA.
    This document gives the times and locations that the Kentucky plan 
and the amendment to that plan are available for your inspection, the 
comment period during which you may submit written comments on the 
amendment, and the procedures that will be followed for the public 
hearing, if one is requested.

DATES: We will accept written comments on this amendment until 4 p.m., 
e.s.t. March 13, 2003. If requested, we will hold a public hearing on 
the amendment on March 10, 2003. We will accept requests to speak at 
the hearing until 4 p.m., e.s.t. on February 26, 2003.

ADDRESSES: You should mail or hand deliver written comments and 
requests to speak at the hearing to William J. Kovacic, Director, 
Lexington Field Office, at the address listed below.
    You may review copies of the Kentucky plan, the amendment, a 
listing of any scheduled public hearings, and all written comments 
received in response to this document at the addresses listed below 
during normal business hours, Monday through Friday, excluding 
holidays. You may receive one free copy of the amendment by contacting 
OSM's Lexington Field Office.

William J. Kovacic, Lexington Field Office, Office of Surface Mining 
Reclamation and Enforcement, 2675 Regency Road, Lexington, Kentucky 
40503, Telephone: (859) 260-8400. E-mail: [email protected].
Department of Surface Mining Reclamation and Enforcement, 2 Hudson 
Hollow Complex, Frankfort, Kentucky 40601, Telephone: (502) 564-6940.

FOR FURTHER INFORMATION CONTACT: William J. Kovacic, Telephone: (859) 
260-8400. Internet: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Kentucky Plan
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations

I. Background on the Kentucky Plan

    The abandoned mine land (AML) reclamation program was established 
by Title IV of the Act (30 U.S.C. 1201 et seq.) in response to concerns 
over extensive environmental damage caused by past coal mining 
activities. The program is funded by a reclamation fee collected on 
each ton of coal that is produced. The money collected is used to 
finance the reclamation of abandoned coal mines and for other 
authorized activities. Section 405 of the Act allows States and Indian 
Tribes to assume exclusive responsibility for reclamation activity 
within the State or on Indian lands if they develop and submit to the 
Secretary of the Interior for approval, a program (often referred to as 
a plan) for the reclamation of abandoned coal mines. On the basis of 
these criteria, the Secretary of the Interior approved the Kentucky 
plan on May 18, 1982. You can find background information on the 
Kentucky plan, including the Secretary's findings, the disposition of 
comments, and the approval of the plan in the May 18, 1982, Federal 
Register (47 FR 21435). You can find later actions concerning the 
Kentucky plan and amendments to the plan at 30 CFR 917.20 and 917.21.

II. Description of the Proposed Amendment

    By letter dated April 29, 2002 (Administrative Record No. K-70), 
Kentucky sent us a proposed amendment to its plan under SMCRA (30 
U.S.C. 1201 et seq.). Kentucky submitted the amendment to propose 
comprehensive changes to the plan. The formal amendment was preceded by 
two informal submissions in September 1997, and March 16, 2000 
(Administrative Record No. K-67). OSM reviewed the informal submissions 
and reported findings to Kentucky on March 30, 2001 (Administrative 
Record No. K-69). It should be noted that Kentucky's formal submission 
on April 29, 2002, did not identify the specific changes being 
proposed. We subsequently reviewed the 635 page amendment to determine 
what revisions were made from the original plan. We completed our 
review on December 19, 2002. Due to the voluminous nature of the 
submission, we identified only the major changes in this notice or 
those that may otherwise be of interest to the public. Any revisions 
that are not listed concern nonsubstantive wording, organizational, or 
editorial changes. The full text of the amendment is available for your 
inspection at the locations listed above under ADDRESSES. Kentucky 
proposes to amend the following sections of the plan. Page numbers 
pertain to the April 29, 2002, submission.
    Acquisition, Management, and Disposal of Lands (p. 6-9): the 
subtitle ``Management of Acquired Lands'' has been added.
    Organization (p. 10-17): the subtitle ``Environmental Scientist 
Principal'' has been added.
    Coordination with RAMP [Rural Abandoned Mine Land Program], Indian, 
and Other Reclamation Plans (p. xvi): ``Natural Resources Conservation 
Service'' has been added to clarify the name change from ``Soil 
Conservation Service.'' This change is reflected throughout the plan.
    Maps of Eligible Lands and Waters (p. xix): the reference to 30 CFR 
884.13(f)(1) has been changed to 30 CFR 884.13(e)(1).
    Problems Occurring on AML Sites (p. xx): the reference to 30 CFR 
884.13(f)(2) has been changed to 30 CFR 884.13(e)(2).

[[Page 6839]]

    Relationship to Existing and Planned Land Uses (p. xx): the 
reference to 30 CFR 884.13(f)(3) has been changed to 30 CFR 
884.13(e)(3).
    Social, Economic, and Environmental Conditions (p. xx): the 
reference to 30 CFR 884.13(f)(5) has been changed to 30 CFR 
884.13(f)(1), (2), and (3). A reference to Section 19 of the AML Plan 
has been added after the requirement of a general description of 
endangered and threatened plants, fish and wildlife, and their 
habitats.
    Objectives (pp. 3-1, 3-2): subsections (g), (h), (i), pertaining to 
noncoal mining, and (j), pertaining to construction of public 
facilities in communities impacted by coal development, have been 
deleted. Subsection (f) has been revised to reflect the rules contained 
in 30 CFR 875.12, pertaining to eligible lands affected by noncoal 
mining. The last paragraph of the section has been revised to address 
lower priority sites. This section has also been revised to prohibit 
the use of AML monies for reclamation of sites designated for remedial 
action pursuant to the Uranium Mill Tailings Radiation Control Act of 
1978 and the Comprehensive Environmental Response Compensation and 
Liability Act of 1980.
    Priority I and II Sites (p. 3-2): the heading has been revised to 
include priority II sites.
    Priority III Sites (p. 3-4): this section has been revised to 
clarify that problems designated as priority I or II sites may also 
qualify as priority III problems.
    Environmental Goals (p.3-5): this section was added. It states that 
the Commonwealth of Kentucky (Commonwealth) resources to be protected 
or enhanced through AML reclamation include, but are not limited to, 
important wildlife habitats, endangered or threatened plants and 
animals or their critical habitats, natural areas, wild and scenic 
rivers, wetlands, floodplains, soil and water, recreational resources, 
and agricultural productivity.
    Phase II Inventory (p.3-6): references to the Abandoned Mine Land 
Inventory System, and the requirements of 30 CFR 886.23(b), pertaining 
to reporting of completed AML projects to OSM, have been added.
    Small Operator Goals (pp. 3-6 to 3-8): this section has been 
revised to reference the authorizing statute at Kentucky Revised 
Statutes (KRS) 350.450. Also, it is noted that small operators are now 
defined as those who are anticipated to mine less than 300,000 tons of 
coal per year. The principal goal articulated in this section is to 
maximize the participation of small operators in the bidding for AML 
reclamation projects that require some incidental coal removal.
    Marketable Mineral Recovery (pp. 3-8, 3-9): the next to last 
paragraph of this section has been revised to allow all contractors, 
rather than just small operators, to participate in the bidding for AML 
projects that involve incidental coal removal, although small operators 
will still receive preference. The change was made because small 
operators may occasionally lack the expertise, equipment, access, etc., 
to perform the needed work.
    Bond Forfeiture Projects (p. 3-9): the heading has been changed 
from ``Supplementation of Eligible Bond Forfeiture Sites'' to ``Bond 
Forfeiture Projects.'' The section was further revised by deleting all 
but the first paragraph, and by adding a paragraph that states that it 
is the policy of the Kentucky Division of Abandoned Mine Lands (DAML) 
that only eligible bond forfeiture sites are covered by the AML plan 
and that bond forfeiture sites must meet all priority and grant 
submission requirements that all other AML problem sites meet.
    Water Supply Projects (p. 3-10): a new section has been added to 
address the requirements at section 403(b)(1) of SMCRA, which 
authorizes States and Tribes to use up to 30 percent of their annual 
AML grants to fund projects for water supply facilities in areas that 
have suffered coal mining related impacts to drinking water supplies.
    Project Selection (pp. 4-8 to 4-11): the reference to 
``supplemental bond forfeiture reclamation'' has been deleted. This 
section has also been revised to reflect the decentralization of the 
project selection process and the process by which grant application 
elements are prepared for each project.
    Coordination with RAMP, Indian, and Other Reclamation Programs (pp. 
5-1 to 5-4): all references to the ``Soil Conservation Service'' and 
its acronym, ``SCS'', were replaced with references to the ``Natural 
Resources Conservation Service'' or its acronym, ``NRCS.'' On page 5-1, 
second paragraph, second sentence, the phrase ``30 CFR 884.13(f)(5)(v), 
Flora and Fauna of the Coalfields,'' was deleted and replaced with the 
phrase ``30 CFR 884.13(f)(3), Endangered and threatened plant, fish and 
wildlife and their habitat.'' This change was made because the Federal 
regulation at 30 CFR 884.13(f)(5)(v) has been repealed.
    Lands for Permanent Facilities (p. 6-1): this section has been 
revised to incorporate the language at KRS 350.570(3), which authorizes 
the Commonwealth to acquire any land adversely affected by past coal 
mining practices, if acquisition is necessary for successful 
reclamation.
    Acquisition of Real Property by Donation (p.6-3): subdivision 2(e), 
which requires itemizations of any unpaid taxes or assessments levied, 
assessed or due which could operate as a lien on the interest offered, 
and subdivision 2(f), which states that a deed of conveyance shall be 
executed, acknowledged and recorded in the name of the Commonwealth 
after acceptance of an offer, are being deleted.
    Step-by-Step Procedure for Land Acquisition (pp. 6-4 through 6-9): 
names of departments and titles of certain departmental officials have 
been updated.
    Management of Acquired Lands (p. 6-9): a new section has been added 
to comply with the requirements at 30 CFR 884.13(c)(4), which requires 
a description of policies and procedures regarding land acquisition, 
management and disposal.
    Disposition of Reclaimed Lands (p. 6-10): this section has been 
revised to require that the appraised value of a property be stated in 
the notice.
    Reclamation on Private Lands (pp. 7-4 to 7-6): (1) Levy of Lien: 
this section has been revised to require that the landowner be provided 
a statement of the increase in market value, an itemized statement of 
reclamation expenses, and notice that a lien will or will not be filed 
in accordance with 30 CFR 882.13. (2) Satisfaction of Liens: the 
reference to ``State Abandoned Mine Reclamation Fund'' is changed to 
``Abandoned Mine Reclamation Fund,'' and Appendix 7-A and Attachment 7-
1 have been deleted.
    Rights of Entry (pp. 8-7 and 8-18): the reference to ``Division of 
Abandoned Lands (DAL)'' has been changed here and throughout the 
document to ``Division of Abandoned Mine Lands (DAML).''
    Personnel Staffing Policies (pp. 11-1 and 11-3): compliance with 
``Title VII of the Civil Rights Act of 1964 (PL 88-352)'' has been 
added.
    Purchasing and Procurement Systems (pp. 12-1, 12-4, and 12-6): page 
12-1, paragraph 6, is being revised by deleting the reference to Public 
Law 95-87 (SMCRA) and adding references to Chapter 3 of the AML Plan, 
pertaining to Small Operator Goals, and to 30 CFR 884.13(c)(1). The 
subsection pertaining to purchase requisitions is being revised to 
reflect the current procedure for reviewing and approving requisitions. 
Specifically, three new paragraphs are added to the beginning of the 
Purchase Requisition section on page 12-4. These new paragraphs state 
that project plans are selectively reviewed and revised, if

[[Page 6840]]

necessary, by the staff of the Commissioner of the Department for 
Surface Mining Reclamation and Enforcement (DSMRE) and, if approved are 
then returned to the DAML, where a purchase requisition is prepared for 
the Director to review and sign. After they are signed, the plans are 
sent to the Division of Administrative Services, which reviews the 
purchase requisition for accuracy and form, and to insure that 
sufficient funds are available. The following revision is added to the 
first paragraph on page 12-6: ``When an apparent low bidder is 
identified for any AML reclamation contract, the Division of Abandoned 
Lands forwards the low bidder's name, federal tax number, social 
security numbers and other information as required to the Ownership and 
Control Review section of the Division of Permits of the Kentucky 
Department of Surface Mining for an Applicant Violator System (AVS) 
check for permit eligibility, in accordance with 30 CFR 874.16. Before 
the contract is awarded to the apparent low bidder an AVS confirmation 
of permit eligibility will be received from the AVS check.'' Also on 
page 12-6, the fourth sentence of the first paragraph is revised by 
deleting the statement that the Commonwealth has the right to ``waive 
all informalities and technicalities of a bid when, in their judgment, 
the best interest of the Commonwealth of Kentucky may be served.'' A 
sentence is then added immediately after the revised fourth sentence. 
The new sentence states that ``[a]ll rejections of bids or waivers will 
be in accordance with requirements of Office of Management and Budget 
(OMB) Circular A-102, and applicable State or local law.''
    Construction (pp. 12-7 and 12-8): the subsections, ``Monthly 
Reports for Office of Surface Mining'', ``Final Report for the Office 
of Surface Mining'' and ``Change Orders,'' have been deleted, as was 
the phrase, ``and change orders,'' at the end of the first paragraph on 
page 12-7. The sentence ``guidelines pertaining to change orders will 
be developed by the Division Director as needed'' has been inserted as 
the last sentence of the ``Project Inspection'' subsection.
    AML Enhancement Rule (p.12-9): the subsection ``AML Enhancement 
Rule'' has been added. In an effort to promote remining, Kentucky has 
incorporated OSM's AML Enhancement Rule at 30 CFR 874.17 by reference. 
The rule provides guidance and procedures for AML programs when 
considering an AML project as government-financed construction under 30 
CFR part 707. This rule applies only if the level of funding will be 
less than 50 percent of the total cost because of planned coal 
extraction. It will be implemented in conjunction with Kentucky's 
approved program regulation at 405 KAR 7:030(2)(1)(c).
    Reclamation Agreements (p. 12-10): this new subsection has been 
added. It authorizes the DSMRE, through the DAML, to enter into 
Reclamation Agreements (Agreement) with private coal mining permittees 
for the reclamation of AML sites adjacent to or near active mining 
permits. The Agreements will be site-specific, and will allow for 
excess spoil removal from the permit area and placement of the spoil on 
the AML site. Guidelines for the Agreements are also provided for use 
by DAML when assessing the need for entering into an Agreement. These 
guidelines state that the proposed disposal must be AML eligible, must 
be inventoried by the State AML program and registered on the National 
Mine Land Inventory System, and must be of priority III or greater 
priority status. Other guidelines require the State AML program to 
develop a reclamation cost estimate, and state that the anticipated 
total cost to be borne by the company must represent a savings to the 
AML program. Finally, the area must be causing off-site environmental 
damage, but be an unlikely candidate for reclamation under the regular 
(i.e. AML funded) State AML program.
    Accounting Systems (p. 13-1): this section has been revised to 
update organizational title and office changes.
    Maps of Eligible Lands and Waters (p. 15-1): the first paragraph is 
reworded to better clarify AML eligibility by referencing ``Section 404 
`Eligible Lands and Water' and/or 402(g)(4) of Title IV of Public Law 
95-87 and/or KRS 350.560''.
    Problems Occurring on Abandoned Mine Land Sites (pp. 16-3, 16-5, 
16-9 and 16-12): on page 16-3, first paragraph (Environmental Damage), 
line 3, the phrase ``including adverse impacts on endangered and 
threatened species'' is added after the phrase ``loss of fish and 
wildlife habitat.'' Also on page 16-3, in the paragraph entitled 
``Surface/Groundwater Contamination,'' the phrase ``including adverse 
impacts on endangered and threatened species'' is added after the 
phrase ``aquatic vegetation.'' On page 16-5, at the end of the 
paragraph entitled ``Erosion,'' the following sentence is added: ``On-
site erosion and sediment control techniques will be used wherever 
practicable and feasible to minimize erosion and retain sediment within 
the disturbed area or limit the volume of sediment leaving the project 
site.'' On page 16-5, at the end of the paragraph entitled ``Reduced 
Fish and Wildlife Habitat,'' the following sentence was added: 
``Unvegetated areas may also cause adverse impacts on endangered and 
threatened species.'' On pages 16-6 and 16-7, a new section, entitled 
``Abandoned Highwalls,'' was added. This section enumerates and 
discusses problems generally associated with abandoned highwalls on AML 
sites. These problems include, but are not limited to, threats to life, 
health and safety, reduced wildlife habitat, attractive nuisances for 
children or hikers, and adverse impact on aesthetic, historical, 
cultural, or recreational resources. The new section also discussed 
certain reclamation techniques to correct or abate these problems, 
including highwall reduction by bench reconstruction, re-establishment 
of wildlife routes by pulling down highwall sections, or screening or 
covering the highwall with appropriate plant species to enhance 
wildlife values and reduce aesthetic degradation. On page 16-9, in the 
paragraph entitled ``Limitation of loss of habitat,'' the sentence has 
been changed by adding at the end the phrase ``and runoff from burned 
areas may impede or prevent utilization of water resources by aquatic 
life.'' Also, a second sentence is added, which states that ``[s]uch 
[forest] fires can have adverse impacts on endangered or threatened 
species.'' On page 16-12, at the end of the paragraph entitled 
``Limitation or loss of fish and wildlife habitat,'' the following 
sentence was added: ``This [limitation or loss of fish and wildlife 
habitat] problem is especially serious for those endangered or 
threatened species, such as federally listed bats, which inhabit caves 
or mine shafts subject to subsidence.''
    Relationship to Existing and Planned Land Use (pp. 17 B1, 17-6, and 
17-7): this section has been revised to recognize the presence of 
endangered or threatened species during reclamation and land use 
planning. A sentence has been added on page 17-6, stating that the Big 
South Fork National River and Recreation Area has been adversely 
affected by erosion, sedimentation and acid mine drainage from AML 
sites. On pages 17-6 and 17-7, it is noted that commercial forest land 
in the Eastern Kentucky Coalfield includes 670,000 acres of the Daniel 
Boone National Forest.
    Quantities of Land and Water Affected by A.M.L. (p. 18-1): on page 
18-1, at the end of the first paragraph, the following two sentences 
are being added: ``Not all of the acres listed are priority I or II 
sites. The acreages represent an approximation of the total

[[Page 6841]]

mined acres in each coalfield, some of which may be determined to be 
acceptable in their current state or may require limited efforts to 
correct remaining problems.''
    Socio-Economic and Cultural Profile of the Coalfields (p. 19-23): 
the first sentence of ``The Redbird Purchase Unit'' paragraph has been 
changed to make it clear that the unit is not purely a recreational 
area.
    Flora and Fauna of the Coalfields (Chapter 21): numerous changes 
have been made to include: references to the National Environmental 
Policy Act of 1969 (NEPA), as amended (42 U.S.C., 4321 et seq.) and 
Executive Orders 11988 and 11990 on page 21-77; a requirement to 
consult with the Kentucky Department of Fish and Wildlife Resources 
regarding the existence of federally endangered or threatened species 
during the NEPA review process on page 21-79; the current title of the 
``Natural Resources and Environmental Protection Cabinet''; and the 
incorporation of the NEPA compliance measures into the plan. Thirty-
five changes described in the ``Errata of the currently approved AML 
Plan,'' pages 21-150 to 21-157, have also been incorporated. These 
changes are composed mostly of additional references to various species 
of flora and fauna. The currently approved AML Plan, including the 
Errata changes, can be viewed at the OSM and DSMRE offices referred to 
above. Two changes of note are found on page 21-78, first paragraph, 
fourth sentence and on page 21-79, first paragraph, first sentence, 
wherein references to ``environmental assessment'' were replaced with 
requirements to comply with NEPA.
    Commercially Minable Coal Seams and Projects Methods of Extraction 
(pp. 22-5, 22-14, 22-24, and 22-26): the Figure 22-1, ``Preliminary 
Correlation Chart of Coal Beds and Key Beds of the Pennsylvanian Rocks 
of Eastern Kentucky,'' has been added and the section has been revised 
to present options in determining remining feasibility, and to 
eliminate references to Site Score Sheets and matrices to rank AML 
sites. These references to be deleted are found on page 22-22 of the 
currently approved AML plan. The sentences inserted to provide options 
in determining remining feasibility are found on page 22-14 of this 
amendment, and state that ``Kentucky may use different systems to 
analyze the consideration for probability for remining. In 1980, the 
Kentucky Geological Survey developed a system of moderate complexity 
for ranking probability of remining.'' On page 22-26, pertaining to 
non-coal minerals, the reference to the Site Score Sheet is being 
deleted, but the potential for non-coal mineral recovery remains a 
factor to be considered when ranking AML sites. In that same paragraph, 
the following four sentences are being added: ``Extraction of these 
non-coal minerals in the Commonwealth may take place by any of several 
methods. Petroleum and natural gas are extracted through the sinking of 
wells. Clay, rock, asphalt, sand and gravel are commonly extracted 
through methods of surface mining. Limestone, fluorspar, and oil shale, 
in addition to methods of surface mining, are also commonly extracted 
through deep mining.''

III. Public Comment Procedures

    Under the provisions of 30 CFR 884.15(a), we are requesting 
comments on whether the amendment satisfies the applicable State 
reclamation plan approval criteria of 30 CFR 884.14. If we approve the 
amendment, it will become the Kentucky plan.

Written Comments

    Send your written or electronic comments to OSM at the address 
given above. Your written comments should be specific, pertain only to 
the issues proposed in this rulemaking, and include explanations in 
support of your recommendations. We will not consider or respond to 
your comments when developing the final rule if they are received after 
the close of the comment period (see DATES). We will make every attempt 
to log all comments into the administrative record, but comments 
delivered to an address other than the Lexington Field Office may not 
be logged in.

Electronic Comments

    Please submit Internet comments as an ASCII or Word file avoiding 
the use of special characters and any form of encryption. Please also 
include ``Attn: [KY-239-FOR]'' and your name and return address in your 
Internet message. If you do not receive a confirmation that we have 
received your Internet message, contact the Lexington Field Office at 
(859) 260-8400.

Availability of Comments

    We will make comments, including names and addresses of 
respondents, available for public review during normal business hours. 
We will not consider anonymous comments. If individual respondents 
request confidentiality, we will honor their request to the extent 
allowable by law. Individual respondents who wish to withhold their 
name or address from public review, except for the city or town, must 
state this prominently at the beginning of their comments. We will make 
all submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available for public review in their entirety.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., e.s.t. on 
February 26, 2003. If you are disabled and need special accommodations 
to attend a public hearing, contact the person listed under FOR FURTHER 
INFORMATION CONTACT. We will arrange the location and time of the 
hearing with those persons requesting the hearing. If no one requests 
an opportunity to speak, we will not hold a hearing.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at the public hearing 
provide us with a written copy of his or her comments. The public 
hearing will continue on the specified date until everyone scheduled to 
speak has been given an opportunity to be heard. If you are in the 
audience and have not been scheduled to speak and wish to do so, you 
will be allowed to speak after those who have been scheduled. We will 
end the hearing after everyone scheduled to speak and others present in 
the audience who wish to speak have been heard.

Public Meeting

    If only one person requests an opportunity to speak, we may hold a 
public meeting rather than a public hearing. If you wish to meet with 
us to discuss the amendment, please request a meeting by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings 
are open to the public and, if possible, we will post notices of 
meetings at the locations listed under ADDRESSES. We will make a 
written summary of each meeting a part of the administrative record.

IV. Procedural Determinations

Executive Order 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis performed for the counterpart Federal 
regulations.

Executive Order 12866--Regulatory Planning and Review

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12866.

[[Page 6842]]

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 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 State and Tribal abandoned mine land reclamation plans and 
plan amendments because each plan is drafted and promulgated by a 
specific State or Tribe, not by OSM. Decisions on proposed abandoned 
mine land reclamation plans and plan amendments submitted by a State or 
Tribe are based solely 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 of the Federal regulations.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have evaluated the 
potential effects of this rule on Federally recognized Indian tribes 
and have determined that the rule does not have substantial direct 
effects on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian Tribes. 
The basis for this determination is that our decision is on a State 
regulatory program and does not involve a Federal program involving 
Indian lands.

Executive Order 13132--Federalism

    This rule does not have federalism implications. SMCRA delineates 
the roles of the Federal and State governments with regard to the 
regulation of abandoned mine reclamation programs. One of the purposes 
of SMCRA is to ``establish a nationwide program to protect society and 
the environment from the adverse effects of surface coal mining 
operations.'' Section 405(d) of SMCRA requires State abandoned mine 
reclamation programs to be in compliance with the procedures, 
guidelines, and requirements established under SMCRA.

Executive Order 13211--Regulations That Significantly Affect the 
Supply, Distribution, or Use of Energy

    On May 18, 2001, the President issued Executive Order 13211 which 
requires agencies to prepare a Statement of Energy Effects for a rule 
that is (1) considered significant under Executive Order 12866, and (2) 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Because this rule is exempt from review 
under Executive Order 12866 and is not expected to have a significant 
adverse effect on the supply, distribution, or use of energy, a 
Statement of Energy Effects is not required.

National Environmental Policy Act

    This rule does not require an environmental impact statement 
because agency decisions on proposed State and Tribal abandoned mine 
land reclamation plans and plan amendments 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 certifies 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 State submittal, which is the subject of this rule, is based upon 
counterpart 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. In making the determination as to whether this rule would 
have a significant economic impact, the Department relied upon the data 
and assumptions for the corresponding Federal regulations.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not 
have an annual effect on the economy of $100 million; (b) Will not 
cause a major increase in costs or prices for consumers, individual 
industries, Federal, State, or local government agencies, or geographic 
regions; and (c) Does not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises. This determination is based upon the fact that the State 
submittal, which is the subject of this rule, is based upon counterpart 
Federal regulations for which an analysis was prepared and a 
determination made that the Federal regulation was not considered a 
major rule.

Unfunded Mandates

    This rule will not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of $100 million or more in any 
given year. This determination is based upon the fact that the State 
submittal, which is the subject of this rule, is based upon counterpart 
Federal regulations for which an analysis was prepared and a 
determination made that the Federal regulation did not impose an 
unfunded mandate.

List of Subjects in 30 CFR Part 917

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: January 7, 2003.
Brent Wahlquist,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 03-3365 Filed 2-10-03; 8:45 am]
BILLING CODE 4310-05-P