[Federal Register Volume 70, Number 178 (Thursday, September 15, 2005)]
[Proposed Rules]
[Pages 54490-54493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18329]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 906

[CO-031-FOR]


Colorado Abandoned Mine Land Reclamation Plan

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

ACTION: Proposed rule; reopening and extension of public comment period 
and opportunity for public hearing on proposed amendment.

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SUMMARY: We are announcing receipt of revisions pertaining to a 
previously proposed amendment to the Colorado abandoned mine land 
reclamation (AMLR) plan (hereinafter, the ``Colorado plan'') under the 
Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). 
Colorado proposes revisions about: Project selection criteria; 
selection of project alternatives; requirements for authorization to 
proceed; evaluation of project benefits; incorporation of the ``Common 
Rule'' in the procedures for financial management and accounting; 
interaction with the Colorado State Forest Service; and minor editorial 
revisions. Colorado intends to revise its plan to meet the requirements 
of the corresponding Federal regulations, to provide additional 
safeguards, and to clarify ambiguities.

DATES: Comments on this amendment must be received on or before 4 p.m., 
m.d.t., on October 17, 2005 to ensure our consideration. If requested, 
we will hold a public hearing on the amendment on October 11, 2005. We 
will accept requests to speak until 4 p.m., m.d.t., on September 30, 
2005.

ADDRESSES: You may submit comments, identified by ``CO-031-FOR,'' by 
any of the following methods:
    E-mail: [email protected]. Include ``CO-031-FOR'' in the subject line 
of the message.
    Mail: James Fulton, Chief, Denver Field Division, Office of Surface 
Mining Reclamation and Enforcement, P.O. Box No. 46667, Denver, CO 
80201-6667.
    Hand Delivery/Courier: James Fulton, Chief, Denver Field Division, 
Office of Surface Mining Reclamation and Enforcement, 1999 Broadway, 
Suite 3320, Denver, CO 80202-5733, 303-844-1400 x1424.
    Fax: 303-844-1545.
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Instructions: All submissions received must include the agency name 
and be identified by ``CO-031-FOR''. For detailed instructions on 
submitting comments and additional information on the rulemaking 
process, see the ``Public Comment Procedures'' heading of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: You may review the docket (administrative record) for this 
plan amendment at the addresses listed below during normal business 
hours, Monday through Friday, excluding holidays. The docket will 
contain copies of the Colorado plan, this amendment, a listing of any 
scheduled public hearings, and all written comments received in 
response to this document. You may receive one free copy of the 
amendment by contacting Office of Surface Mining Reclamation and 
Enforcement's (OSM) Denver Field Division. In addition, you may review 
a copy of the amendment during regular business hours at the following 
locations:
    James Fulton, Chief, Denver Field Division, Office of Surface 
Mining Reclamation and Enforcement, 1999 Broadway, Suite 3320, Denver, 
CO 80202. 303-844-1400 x1424.
    Ms. Loretta Pineda, Program Supervisor, Colorado Inactive Mine 
Reclamation Program, Division of Minerals and Geology, Colorado 
Department of Natural Resources, 1313 Sherman Street, Room 215, Denver, 
CO 80203. Telephone: 303-866-3567. E-mail address: 
[email protected].

FOR FURTHER INFORMATION CONTACT: James Fulton, Telephone: 303-844-1400 
x1424, E-mail address: [email protected].

SUPPLEMENTARY INFORMATION: 

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

I. Background on the Colorado Plan

    The Abandoned Mine Land 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 June 11, 1982, 
the Secretary of the Interior approved the Colorado plan. You can find 
general background information on the Colorado plan, including the 
Secretary's findings and the disposition of comments, in the June 11, 
1982, Federal Register (47 FR 25332). You can also find later actions 
concerning Colorado's plan and plan amendments at 30 CFR 906.25.

II. Description of the Proposed Amendment

    By letter dated October 29, 1996, Colorado sent to us a proposed

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amendment to its plan (administrative record number CO-AML-24) under 
SMCRA (30 U.S.C. 1201 et seq.). Colorado sent the amendment in response 
to a September 26, 1994, letter (administrative record number CO-AML-
19) that we sent to Colorado in accordance with 30 CFR 884.15(b), and 
at its own initiative. The full text of the Colorado plan amendment is 
available for you to read at the locations listed above under ADDRESSES 
above.
    We announced receipt of the proposed amendment in the November 19, 
1996, Federal Register (61 FR 58800), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on its adequacy (administrative record number CO-AML-
26). Because no one requested a public hearing or meeting, none was 
held. The public comment period ended on December 19, 1996. We received 
comments from one industry group, four Federal agencies and two citizen 
or academic groups.
    During our review of the amendment, we identified a concern 
relating to the provisions of Colorado's plan provisions at Section 
V.B.2. concerning the determination of eligibility for proposed sites. 
We notified Colorado of our concern by letter dated June 7, 1999 
(administrative record number CO-AML-35). Colorado responded by a memo 
dated June 15, 2005, by submitting a revised amendment (administrative 
record number CO-AML-36). Colorado is also taking this opportunity to 
submit additional revisions at its own initiative.
    The provisions of the plan that Colorado now proposes to revise 
are: II.B, Project selection criteria; II.C., Selection of project 
alternatives; V.B., Requirements for authorization to proceed; V.B.5., 
Evaluation of project benefits; VII.A.1.and 2., incorporation of the 
``Common Rule'' in the procedures for financial management and 
accounting; VIII., Interaction with the Colorado State Forest Service; 
and several editorial corrections.
    Specifically, Colorado proposes the following revisions.
    II.B., Project selection criteria. Colorado proposes 15 criteria to 
be used in selecting projects for submission to OSM in grant 
applications. These include: (1) Public safety hazards (coal hazards 
receive top priority; noncoal projects must represent ``extreme 
hazards''); (2) funding considerations (consideration of total funds 
from all sources and any constraints on the funds); (3) technology 
available to accomplish the required tasks; (4) adverse impacts 
(consideration of impacts on people and the environment during and 
after reclamation work, including existing impacts); (5) value in 
economy and efficiency of the proposed project; (6) mineral 
recoverability (consider loss of mineral recoverability and possible 
disruption of the reclamation effort by future mining); (7) post-
reclamation management (compatibility with on-site and surrounding land 
uses and applicable land use controls); (8) minerals involved in the 
inactive mining (coal receives top priority; noncoal or hardrock 
problems are of lower priority and must be extreme hazards); (9) 
geographic distribution (the plan tries to maintain a presence in all 
areas of the State each year for hardrock projects; geography is not 
applicable for coal-related projects); (10) accessibility (preference 
given to sites that are accessible and show significant visitation); 
(11) staffing (number of projects is limited by staff available); (12) 
community/landowner support (special consideration given to sites and 
projects where reclamation has been requested by landowners or the 
local community); (13) project size (small projects encourage local 
contractor participation); (14) project review (representing the 
priorities of an advisory committee); and (15) formal public hearing 
(final approval of site selection is given by the Mined Land 
Reclamation Board).
    II.C., Selection of project alternatives. Colorado proposes that 
after a tentative project selection, a suitable reclamation design for 
each project be selected. General alternatives are: (1) Hazard 
abatement (eliminate the hazard without necessarily addressing future 
land use); (2) partial reclamation (corrective action on hazards, but 
also make immediate site compatible with adjacent land uses); and (3) 
full reclamation (not only correct hazardous conditions, but also 
reclaim other effects of past mining, possibly including restoration of 
degraded land or water resources). Colorado proposes that the objective 
is to do as complete a reclamation job as possible, including 
restoration and abatement or control of adverse effects of past mining; 
but in some cases, only hazard abatement or partial reclamation will be 
performed.
    V.B. Colorado proposes to change the title of this section from 
``Project Feasibility Studies'' to ``Authorization to Proceed 
Requirements.''
    V.B.5., Evaluation of project benefits. Colorado proposes to limit 
the requirement for a written finding of project benefits to those 
projects which would potentially produce a significant increase in 
market value.
    VII.A.1. (financial management). Colorado proposes to change the 
reference regarding Federal financial requirements to ``OMB Circular A-
102 and DOI's Grants Management Common Rule at 43 CFR 12''. Colorado 
proposes that fiscal management will comply with the Common Rule.
    VII.A.2., Audits. Colorado proposes to change the reference 
regarding Federal audit requirements from ``OMB Circular A-102'' to 
``the Common Rule.''
    VIII.I., Colorado State Forest Service (CSFS). Colorado proposes to 
add a new section describing the role that the CSFS plays in the plan 
implementation, which describes the CSFS's expertise in natural 
resource protection.
    We note that the document submitted to OSM (administrative record 
number CO-AML-36) is not limited to the proposed revisions described 
here. It is a full version of the Colorado plan document, and indicates 
all changes since the plan was originally approved by OSM (see Section 
I. Background on the Colorado Plan above). In this document, text 
highlighted in magenta indicates language that has been approved by OSM 
(in 1985). Text highlighted with yellow and blue is language that was 
proposed in 1996, and has already been opened to public comment (see 
Section II. Description of the Proposed Amendment above). The text that 
is new with this current submittal is highlighted in green. We noted a 
couple of new changes that are not highlighted in green, but they are 
minor editorial changes. In this proposed rule, we are specifically 
requesting comments on the new material highlighted in green, as 
described above.

III. Public Comment Procedures

Written Comments

    Send your written comments to us 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 cannot ensure consideration of comments 
received at locations other than the Denver Field Division (see 
ADDRESSES above).

Electronic Comments

    Please submit Internet comments as an ASCII or MS Word file, 
avoiding the use of special characters and any form of encryption. 
Please also include ``Attn: SATS No. CO-031-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

[[Page 54492]]

Denver Field Division at 303-844-1400 x1446.

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., m.d.t., on 
September 30, 2005. If you are disabled and need special accommodations 
to attend a public hearing, please contact the individual 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 the hearing.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at a 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 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 
will be 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 regulation.

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 (Regulatory Planning and 
Review).

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, to the 
extent allowable by law, 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 Tribal or State AMLR plans and 
revisions thereof because each plan is drafted and promulgated by a 
specific Tribe or State, not by OSM. Decisions on proposed Tribal or 
State AMLR plans and revisions thereof submitted by a Tribe or State 
are based on a determination of whether the submittal meets the 
requirements of Title IV of SMCRA (30 U.S.C. 1231-1243) and the 
applicable Federal regulations at 30 CFR part 884.

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 surface coal mining and reclamation operations. 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 503(a)(1) of SMCRA requires that State 
laws regulating surface coal mining and reclamation operations be ``in 
accordance with'' the requirements of SMCRA, and section 503(a)(7) 
requires that State programs contain rules and regulations ``consistent 
with'' regulations issued by the Secretary pursuant to SMCRA.

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 rule does not involve or affect Indian Tribes in any way.

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

    No environmental impact statement is required for this rule since 
agency decisions on proposed Tribal or State AMLR plans and revisions 
thereof are categorically excluded from compliance with the National 
Environmental Policy Act (42 U.S.C. 4321 et seq.) 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. 
3501 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 counterpart Federal regulations.

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Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2) of 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.
    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 906

    Abandoned mine reclamation programs, Intergovernmental relations, 
Surface mining, Underground mining.

    Dated: August 12, 2005.
Allen D. Klein,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 05-18329 Filed 9-14-05; 8:45 am]
BILLING CODE 4310-05-P