[Federal Register Volume 71, Number 110 (Thursday, June 8, 2006)]
[Proposed Rules]
[Pages 33273-33277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8925]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 924

[Docket No. MS-016-FOR]


State Abandoned Mine Land Reclamation Plan

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

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

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are announcing receipt of a partially proposed abandoned mine 
land reclamation (AMLR) plan under the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA or the Act). Mississippi proposes 
revisions to and addition of statutes to the Mississippi Surface Coal 
Mining and Reclamation Law in order to authorize and establish an AMLR 
plan. If we approve Mississippi's proposed statutes, our approval will 
not give Mississippi authority to receive and expend Federal AMLR grant 
funds. Mississippi would need to submit to us additional information 
required under 30 CFR 884.13 in order for us to make the findings 
necessary for full approval of an AMLR plan. The State will be able to 
receive and spend Federal funds only after we approve its complete 
State AMLR plan.
    This document gives the times and locations that the Mississippi 
AMLR plan statutes are available for your inspection, the comment 
period during which you may submit written comments, and the procedures 
that will be followed for the public hearing, if one is requested.

DATES: We will accept written comments on the proposed State AMLR plan 
statutes until 4 p.m., c.t., July 10, 2006. If requested, we will hold 
a public hearing on the proposed State AMLR plan statutes July 3, 2006. 
We will accept requests to speak at a hearing until 4 p.m., c.t. on 
June 23, 2006.

ADDRESSES: You may submit comments, identified by Docket No. MS-016-
FOR, by any of the following methods:
     E-mail: [email protected]. Include Docket No. MS-016-FOR in 
the subject line of the message.
     Mail/Hand Delivery: Arthur W. Abbs, Director, Birmingham 
Field Office, Office of Surface Mining Reclamation and Enforcement, 135 
Gemini Circle, Suite 215, Homewood, Alabama 35209.
     Fax: (205) 290-7280.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. 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: For access to the docket to review copies of the proposed 
Mississippi AMLR plan statutes, a listing of any scheduled public 
hearings, and all written comments received in response to this 
document, you must go to the address listed below during normal 
business hours, Monday through Friday, excluding holidays. You may 
receive one free copy of the Mississippi AMLR plan statues by 
contacting OSM's Birmingham Field Office. Arthur W. Abbs, Director, 
Birmingham Field Office, Office of Surface Mining Reclamation and 
Enforcement, 135 Gemini Circle, Suite 215, Homewood, Alabama 35209. 
Telephone: (205) 290-7282. E-mail: [email protected].
    In addition, you may review a copy of the proposed AMLR plan 
statutes during regular business hours at the following location: 
Mississippi Department of Environmental Quality, Office of Geology, 
2380 Highway 80

[[Page 33274]]

West, Jackson, Mississippi 39289-1307, Telephone: (601) 961-5500.

FOR FURTHER INFORMATION CONTACT: Arthur W. Abbs, Director, Birmingham 
Field Office. Telephone: (205) 290-7282. E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Abandoned Mine Land Reclamation Program
II. Description of the Proposed AMLR Plan Statutes
III. Public Comment Procedures
IV. Procedural Determinations

I. Background on the Abandoned Mine Land Reclamation Program

    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.
    Currently, Mississippi does not have a federally approved AMLR 
plan.

II. Description of the Proposed AMLR Plan Statutes

    By letter dated April 5, 2006 (Administrative Record No. MS-0402), 
Mississippi sent us its AMLR plan statues under SMCRA (30 U.S.C. 1201 
et seq.). The purpose of this submission is to demonstrate both the 
intent and capability to assume responsibility for administering and 
conducting the provisions of SMCRA and OSM's Abandoned Mine Land 
Reclamation Program (30 CFR Chapter 7, Subchapter R).
    This notice describes the nature of the proposed AMLR plan statutes 
and includes information concerning public participation in the 
Director's determination of whether or not the submitted AMLR plan 
statutes may be approved. Mississippi's submission of its statutes is 
the first step the State has taken in the process for establishing a 
comprehensive program for the reclamation of abandoned mine lands in 
Mississippi. By submitting its proposed AMLR plan statutes, Mississippi 
has indicated its wish to be primarily responsible for this program.
    Mississippi's AMLR plan statutes include:

A. Section 53-9-3 Legislative Findings and Declarations

    Mississippi proposes revisions to Section 53-9-3 to read as 
follows:

    (k) The provisions of the 2001 amendments to this chapter are to 
provide for and implement a state program for abandoned mine 
reclamation which complies with the provisions of Subchapter IV of 
the federal Surface Mining Control and Reclamation Act of 1977, 30 
U.S.C. 1231 through 1243.

B. Section 53-9-7 Definitions

    Mississippi proposes revisions to Section 53-9-7 by adding 
definitions for ``Abandoned mine lands,'' ``Secretary,'' and ``State 
reclamation program.''

C. Section 53-9-89 Surface Coal Mining and Reclamation Fund; Deposit of 
Funds

    1. Mississippi proposes to revise Section 53-9-89(1)(a) by adding 
an account entitled ``Abandoned Mine Lands Reclamation Account.''
    2. Mississippi proposes to add new Section 53-9-89(1)(c) to read as 
follows:

    (c) The Abandoned Mine Lands Reclamation Account shall receive 
all state and federal appropriations, grants and donations for the 
purposes of the reclamation of abandoned mine lands under this 
chapter, and such funds shall be made available to the commission to 
be used as provided in this section for the purposes of abandoned 
mine reclamation under this chapter and the regulations of the 
commission. Funds in the Abandoned Mine Land Account may be used for 
the following purposes:

    3. Mississippi also proposes to add specific purposes at Section 
53-9-89(1)(c)(i) through (v) for using the funds in accordance with 
section 401(c)(1), (c)(4), (c)(8), (c)(9), and (c)(13) of SMCRA.

D. Section 53-9-101 Priorities for Expenditure of Funds From Abandoned 
Mine Lands Reclamation Account; Certain Sites and Areas Ineligible for 
Expenditures; Projects Involving Protection, Repair, Replacement, 
Construction, or Enhancements of Certain Utilities

    1. At Section 53-9-101(1), Mississippi proposes to add priorities 
for the expenditure of funds from the Abandoned Mine Lands Reclamation 
Account on eligible lands and waters. These priorities include those of 
section 403(a) of SMCRA.
    2. At Section 53-9-101(2), Mississippi proposes to add, in 
accordance with section 411(a), (b), and (c) of SMCRA, provisions for 
certifying that all of the priorities stated in subsection (1) for 
eligible lands and waters have been achieved. Mississippi also added 
the priorities for expenditure of funds for land, water, and specific 
facilities after the certification.
    3. At Section 53-9-101(3), Mississippi proposes to add a provision 
that provides that sites and areas designated for remedial action under 
the Uranium Mill Tailings Radiation Control Act of 1978 or which have 
been listed for remedial action under the Comprehensive Environmental 
Response, Compensation, and Liability Act shall not be eligible for 
expenditure from the Abandoned Mine Lands Reclamation Account.
    4. At Section 53-9-101(4), Mississippi added the priorities for 
noncoal minerals and reclamation projects involving utilities adversely 
affected by coal or mineral mining.

E. Section 53-9-103 Only Abandoned Mine Lands Eligible for Program 
Expenditures

    Mississippi proposes to add the following provision at Section 53-
9-103:

    Only abandoned mine lands are eligible for reclamation or 
drainage abatement expenditures from the Abandoned Mine Lands 
Reclamation Account.

F. Section 53-9-105 Program To Comply With Federal Law; Required 
Filings; Public Hearing and Comment Period; Liability

    1. At Section 53-9-105(1), Mississippi proposes the following new 
provision:

    The department, through the Office of Geology, shall establish 
and maintain a state reclamation program for abandoned mines which 
complies with Subchapter IV of the federal Surface Mining Control 
and Reclamation Act of 1977, 30 U.S.C. 1231 through 1243.

    2. At Section 53-9-105(2), Mississippi proposes to add, in 
accordance with section 405(f) of SMCRA, provisions for submitting an 
application to the Secretary of the Interior (Secretary) for the 
support of the State program and implementation of specific reclamation 
projects.
    3. At Section 53-9-105(3), Mississippi proposes to add, in 
accordance with section 405(g) of SMCRA, a provision regarding the 
reporting of costs for each proposed project.
    4. At Section 53-9-105(4), Mississippi proposes to add, in 
accordance with section 405(j) of SMCRA, a provision that provides for 
reports on operations of the reclamation program as required by the 
Secretary.

[[Page 33275]]

    5. At Section 53-9-105(5), Mississippi proposes to add a provision 
allowing public participation in the annual grant application and the 
eligibility, priority ranking, and selection of lands for reclamation.
    6. At Section 53-9-105(6), Mississippi proposes to add, in 
accordance with section 405(l) of SMCRA, a provision that normally 
exempts the State from liability for any costs or damages as a result 
of action taken or omitted in the course of carrying out the State 
reclamation program except for gross negligence or intentional 
misconduct.

G. Section 53-9-107 Right of Entry Upon Property Adversely Affected by 
Past Coal Mining; Order and Required Findings; Right of Entry Upon 
Property to Conduct Studies or Exploratory Work

    At Section 53-9-107(1) and (2), Mississippi proposes to add, in 
accordance with section 407(a) and (b) of SMCRA, provisions allowing 
right of entry upon the property adversely affected by past coal mining 
practices and any other property to have access to such property.

H. Section 53-9-109 Acquisition of Land Adversely Affected by Past Coal 
Mining; Sale of Acquired Land; Administrative Responsibility for 
Acquired Land; Grants

    At Section 53-9-109, Mississippi proposes to add, in accordance 
with section 407(c), (d), (e), (h), and (g) of SMCRA, provisions 
allowing acquisition and disposition of lands if such land or interest 
is adversely affected by past coal mining practices and upon a 
determination that acquisition of such land is necessary for successful 
reclamation.

I. Section 53-9-111 Review of Commission Action; Formal Hearing; 
Landowner Rights and Remedies

    At Section 53-9-111, Mississippi proposes to add, in accordance 
with section 407(g) of SMCRA, provisions relating to landowner rights 
in condemnation proceedings, including the right of a formal hearing.

J. Section 53-9-113 Itemization of Funds Expended; Filing of Statement 
in County Land Records Detailing Increase in Land Value from 
Expenditure of Fund; Statement to Constitute Lien Upon Land; Hearing 
and Appeal

    At Section 53-9-113, Mississippi proposes to add, in accordance 
with section 408 of SMCRA, provisions allowing liens on completed 
projects funded by the Abandoned Mine Lands Reclamation Account.

K. Section 53-9-115 Governor May Request Action Against Certain Hazards 
Caused by Mining of Minerals Other Than Coal; Limitations on Funds 
Available; Acquisition of Interest in Land

    At Section 53-9-115, Mississippi proposes, in accordance with 
section 409 of SMCRA, that the Governor may request the Secretary to 
authorize the commission to fill voids; seal open or abandoned tunnels, 
shafts, and entryways; and reclaim surface impacts of underground or 
surface mining of minerals other than coal which could endanger life 
and property, constitute a hazard to public health and safety, or 
degrade the environment. The funds available must be limited to those 
allocated to the State under section 402(g)(1) and (5) of SMCRA.

L. Section 53-9-117 Interdepartmental Cooperation; Provision of 
Technical Expertise, Personnel, Equipment, Materials, and Supplies

    At Section 53-9-117, Mississippi proposes, in accordance with 
section 414 of SMCRA, the following provision:

    All departments, boards, commissions and agencies of this state 
shall cooperate with the commission by providing available technical 
expertise, personnel, equipment, materials and supplies as may be 
required to implement and administer the provisions of the state 
abandoned mine lands reclamation program.

M. Section 53-9-119 Injunctions

    At Section 53-9-119, Mississippi proposes, in accordance with 
section 413(c) of SMCRA, the following provision:

    The commission, in addition to any other remedies allowed by 
law, may initiate in the name of the state, in any court of 
competent jurisdiction, an action in equity for an injunction to 
restrain any interference with the exercise of the right to enter or 
to conduct any work provided in this chapter.

N. Section 53-9-121 Power and Authority to Implement Program; 
Promulgation of Rules and Regulations; Cooperative Projects

    At Section 53-9-121, Mississippi proposes, in accordance with 
section 413(a) and (b) of SMCRA, the following provisions:

    The commission shall have the power and authority to engage in 
any work and to do all things necessary or expedient, including 
promulgation of rules and regulations, to implement and administer 
the abandoned mine lands reclamation program in Mississippi. The 
commission also shall have the power and authority to engage in 
cooperative projects with any other agency of the United States of 
America or any state or federal agency to achieve the objectives of 
the abandoned mine lands reclamation program in Mississippi.

O. Section 53-9-123 Authority With Regard to Land Affected by Noncoal 
Mining Practices; Agreement of Landowner; Required Findings; 
Limitations on Expenditure of Funds

    At Section 53-9-123, Mississippi proposes the following provisions:

    The commission shall have the authority granted in Sections 53-
9-107(1) and 53-9-109, as applied to land or water resources that 
have been adversely affected by mining practices other than coal 
mining practices, only upon the agreement of the current 
landowner(s). The commission shall have this authority only after 
making the findings required by Section 53-9-107(1)(a) and (b), as 
modified to reflect that the effects were caused by noncoal mining 
practices. Funds shall not be expended from the Abandoned Mine Lands 
Reclamation Account on lands adversely affected by mining or 
processing practices other than coal mining or processing practices 
unless and until the landowner(s) agrees to abide with all 
provisions of Section 53-9-113. This section does not limit the 
authority of the commission to perform any act authorized by the 
Mississippi Air and Water Pollution Control Law, Section 49-17-1 et 
seq., the organic act of the commission, Section 49-2-1 et seq., or 
the Mississippi Surface Mining and Reclamation Law, Section 53-7-1 
et seq.

III. Public Comment Procedures

    Under the provisions of 30 CFR 884.13(c)(7), we are requesting 
comments on whether Mississippi's AMLR plan statutes satisfy the 
applicable State reclamation plan approval criteria of 30 CFR 884.14.
    The proposed Mississippi AMLR plan statutes for abandoned mine land 
reclamation can be approved if:
    1. The public has been given adequate notice and opportunity to 
comment and the record does not reflect major unresolved controversies.
    2. Views of other Federal agencies have been solicited and 
considered.
    3. The State has the legal authority, policies, and administrative 
structure to carry out the State AMLR plan.
    4. The State AMLR plan meets all requirements of the OSM AMLR 
program provisions.
    5. The State has an approved regulatory program.
    6. The State AMLR plan is in compliance with all applicable State 
and Federal laws and regulations.
    If we approve the statutes, this does not authorize Mississippi to 
receive or spend Federal AMLR grant funds. Mississippi would need to 
submit to us additional information required under 30 CFR 884.13 in 
order for us to make the findings necessary for full approval of an 
AMLR plan. The State will be able

[[Page 33276]]

to receive and spend Federal funds only after we approve its complete 
State AMLR 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 Birmingham 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: MS-016-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 Birmingham Field Office at 
(205) 290-7282.

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., c.t. on June 
23, 2006. 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 Mississippi's proposed AMLR plan, 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 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.

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 
because each program is drafted and promulgated by a specific State or 
Tribe, not by OSM. Decisions on proposed abandoned mine land 
reclamation plans 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 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 land 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 land reclamation programs to be in compliance with the procedures, 
guidelines, and requirements established under 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. 
This determination is based on the fact that the Mississippi plan does 
not provide for reclamation and restoration of land and water resources 
adversely affected by past coal mining on Indian lands. Therefore, the 
Mississippi plan has no effect on Federally-recognized Indian tribes.

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 are categorically excluded from compliance with 
the National Environmental Policy Act (42 U.S.C. 4332) by the Manual of 
the

[[Page 33277]]

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 counterpart 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 924

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: May 30, 2006.
Brent Wahlquist,
Acting Director, Office of Surface Mining Reclamation and Enforcement.
 [FR Doc. E6-8925 Filed 6-7-06; 8:45 am]
BILLING CODE 4310-05-P