[Federal Register Volume 68, Number 163 (Friday, August 22, 2003)]
[Proposed Rules]
[Pages 50950-50951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21474]



  Federal Register / Vol. 68, No. 163 / Friday, August 22, 2003 / 
Proposed Rules  

[[Page 50950]]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 925


Missouri Regulatory Program

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

ACTION: Public comment period and opportunity for a public hearing.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), have reason to believe that Missouri is not adequately 
implementing, administering, maintaining, or enforcing its approved 
regulatory program (Missouri program) to regulate surface coal mining 
and reclamation operations. Also, based on the information that we 
currently have, we are substituting Federal enforcement for portions of 
the Missouri program in accordance with our regulations. We have 
scheduled a public comment period and opportunity for a public hearing 
to provide an opportunity for interested persons to express their 
concerns on Missouri's implementation of its program and our 
substitution of Federal enforcement for portions of the Missouri 
program.
    This document gives the purposes, dates, and time for the public 
comment period during which interested persons may submit written 
comments on Missouri's implementation of its program and on our 
decision to substitute Federal enforcement for portions of the Missouri 
program. This document also includes the procedures that we will follow 
for a public hearing, if one is requested. We are publishing our 
findings and decision on the substitution of Federal enforcement for 
portions of the Missouri program in a separate Federal Register 
document.

DATES: We will accept written comments until 4 p.m., c.d.t., September 
22, 2003. If requested, we will hold a public hearing on September 16, 
2003. We will accept requests to speak at a hearing until 4 p.m., 
c.d.t. on September 8, 2003. We must receive public comments before 4 
p.m., c.d.t., on September 22, 2003 at the address listed below, in 
order to be considered in our findings on the status of the Missouri 
program.

ADDRESSES: You should mail or hand deliver written comments and 
requests to speak at the hearing to John W. Coleman, Mid-Continent 
Regional Coordinating Center, at the address listed below.
    You may review copies of all administrative record documents 
referenced in this document and all written comments received in 
response to this document at the address listed below during normal 
business hours, Monday through Friday, excluding holidays. John W. 
Coleman, Mid-Continent Regional Coordinating Center, Office of Surface 
Mining, 501 Belle Street, Alton, Illinois 62002, Telephone: (618) 463-
6460, Internet address: [email protected].

FOR FURTHER INFORMATION CONTACT: John W. Coleman, Mid-Continent 
Regional Coordinating Center. Telephone: (618) 463-6460. Internet 
address: [email protected].

SUPPLEMENTARY INFORMATION: On June 19, 2003, the Missouri Department of 
Natural Resources, Air and Land Protection Division, Land Reclamation 
Program (MLRP) notified us that the Missouri Legislature passed House 
Bill (HB) 6 that appropriated funds for the Missouri program. In HB 6, 
the Missouri Legislature did not fully fund the Missouri program for 
the period beginning July 1, 2003, and ending June 30, 2004. The 
Governor of Missouri signed the appropriation bill on May 30, 2003 
(Administrative Record No. MO-664).
    On July 2, 2003, we met with the MLRP at the Missouri Department of 
Natural Resources' office in Jefferson City, Missouri (Administrative 
Record No. MO-664.1). During the meeting, the MLRP made a presentation, 
including a series of slides, describing the recently approved 
appropriation bill. HB 6 contained a severe cut in general revenue 
dollars available as State matching funds for the regulatory program. 
The MLRP advised us that the moneys that are available for the 
regulatory program would only be used for bond forfeiture reclamation 
activities. Also, the MLRP advised us that the State Legislature 
appropriated funds for the abandoned mine land reclamation (AMLR) 
program. In addition, the MLRP explained that as of July 18, 2003, 
existing regulatory program staff, with the exception of four full-time 
employees, would be transferred to other programs and that it would not 
be able to implement and maintain its inspection, enforcement, 
permitting, or bond release responsibilities under the currently 
approved Missouri program. The four full-time employees would perform 
the bond forfeiture reclamation activities that were funded by the 
State Legislature. The MLRP indicated that it would try to gain full 
program funding from the Missouri Legislature next year.
    On July 11, 2003, the MLRP notified the Missouri coal operators 
that the Legislature had decided, through the budget process, to 
withhold funding and staffing for the Missouri program. The MLRP also 
notified the operators that after July 18, 2003, it would no longer be 
available for coal regulatory issues (Administrative Record No. MO-
664.2).
    On July 21, 2003, the Governor of Missouri notified us that the 
State of Missouri is experiencing difficult budget and revenue 
shortfalls (Administrative Record No. MO-664.3). As a result of the 
revenue shortfalls, he requested assistance with permit reviews, 
inspection activities, and general oversight of the active coal mining 
operations in the State. He indicated that Missouri continues to have 
adequate funding and staff available to maintain design and reclamation 
efforts for bond forfeiture sites, as well as sufficient funding and 
staff to maintain the AMLR program, including the emergency program. He 
also indicated that he was hopeful his request would be temporary and 
that he would continue to work with the Legislature in an attempt to 
assure adequate funding for all of Missouri's regulatory program 
responsibilities.
    On August 4, 2003, we notified the Governor of Missouri that we 
were obligated, in accordance with 30 CFR 733.12(e), to substitute 
Federal enforcement for those portions of the Missouri program that 
were not fully funded and staffed (Administrative Record No. MO-664.4). 
We cited Missouri's failure to fund and staff the Missouri program in 
several areas including inspection, enforcement, permitting, and 
bonding activities. A final rule announcing the substitution of Federal 
enforcement for portions of Missouri's permanent regulatory program may 
be found elsewhere in this edition of the Federal Register.
    In accordance with the procedures contained in 30 CFR 733.12(d), we 
are announcing a public comment period and offering the opportunity for 
a public hearing to provide interested parties an opportunity to 
express their concerns on the implementation of the Missouri program. 
We are particularly interested in the public's views and concerns on 
the State's ability to implement its program and on possible actions 
Missouri and OSM should pursue to resolve identified problems.
    After the public comment period and review of all available 
information, we will publish additional findings on the status of 
Missouri's program implementation in accordance with the provisions of 
30 CFR 733.12(e).

[[Page 50951]]

Public Comment Procedures

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 document and include explanations in 
support of your recommendations. We will not consider your comments 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 Mid-
Continent Regional Coordinating Center 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 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 Mid-Continent Regional Coordinating Center at 
(618) 463-6460.

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

    The scope of the public hearing will include permitting, bonding, 
inspection, enforcement, and all other matters relevant to the issues 
of whether a full or partial Federal program or Federal enforcement 
should be implemented in the State of Missouri.
    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., c.d.t. on 
September 8, 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.
    In addition, we will follow the hearing format and rules of 
procedure listed below.
    1. The hearing will be informal and follow legislative procedures.
    2. Based on the number of speakers in attendance, each participant 
may be limited to 10 minutes.
    3. Participants will be called in the order in which they register.

List of Subjects in 30 CFR Part 925

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: August 13, 2003.
Jeffrey D. Jarrett,
Director, Office of Surface Mining.
[FR Doc. 03-21474 Filed 8-21-03; 8:45 am]
BILLING CODE 4310-05-P