[Federal Register Volume 71, Number 165 (Friday, August 25, 2006)]
[Rules and Regulations]
[Pages 50339-50341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14155]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 924

[MS-016-FOR]


State Abandoned Mine Land Reclamation Plan

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

ACTION: Final rule; approval of amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are approving a partial abandoned mine land reclamation (AMLR) 
plan under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA or the Act). Mississippi proposed revisions to and addition of 
statutes to the Mississippi Surface Coal Mining and Reclamation Law in 
order to authorize and establish an AMLR plan. The purpose of this 
amendment is to demonstrate both the intent and capability to assume 
responsibility for administering and conducting an AMLR plan.

DATES: Effective Date: August 25, 2006.

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


SUPPLEMENTARY INFORMATION:
I. Background on the Abandoned Mine Land Reclamation Program
II. Submission of the AMLR Plan Statutes
III. OSM's Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. Procedural Determinations

I. Background on the Abandoned Mine Land Reclamation Program

    The AMLR 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.

II. Submission of the AMLR Plan Statutes

    By letter dated April 5, 2006 (Administrative Record No. MS-0402), 
Mississippi sent us its AMLR plan statutes under SMCRA (30 U.S.C. 1201 
et seq.). The purpose of this submission was to demonstrate both the 
intent and capability to assume responsibility for administering and 
conducting the provisions of SMCRA and OSM's AMLR program (30 CFR 
Chapter 7, Subchapter R). Mississippi revised and added statutes to the 
Mississippi Surface Coal Mining and Reclamation Law at Sections 53-9-3, 
53-9-7, 53-9-89, 53-9-89(1)(c), 53-9-89(1)(c)(i) through (v), 53-9-101, 
53-9-103, 53-9-105, 53-9-107, 53-9-109, 53-9-111, 53-9-113, 53-9-115, 
53-9-117, 53-9-119, 53-9-121, 53-9-123.
    We announced receipt of the proposed plan statutes in the June 8, 
2006, Federal Register (72 FR 33273). In the same document, we opened 
the public comment period and provided an opportunity for a public 
hearing or meeting on the adequacy of the statutes. We did not hold a 
public hearing or meeting because no one requested one. The public 
comment period ended on July 10, 2006. We received comments from three 
Federal agencies.

III. OSM's Findings

    Following are the findings we made concerning the AMLR plan 
statutes under SMCRA and the Federal regulations at 30 CFR 884.14 and 
884.15. We are approving the statutes as described below.
    In accordance with section 405 of SMCRA, we find that Mississippi 
has submitted AMLR plan statutes for the reclamation of abandoned mines 
and has the authority to implement the provisions of Title IV of SMCRA.
    1. The public has been given adequate notice and opportunity to 
comment and the record does not reflect major unresolved controversies.
    2. We have solicited and considered the views of the Federal 
agencies having an interest in the Mississippi AMLR plan statutes. 
Agencies that responded include: the U.S. Bureau of Land Management 
(BLM), U.S. Natural Resources Conservation Service (NRCS), and the U.S. 
Environmental Protection Agency (EPA).
    3. The Mississippi Department of Environmental Quality, Office of 
Geology, has the legal authority and administrative structure to carry 
out the State AMLR plan statutes.
    4. The Mississippi AMLR plan statutes meet all requirements of 
OSM's Title IV program provisions.
    5. We approved the Mississippi regulatory program effective 
September 4, 1980.
    6. The Mississippi AMLR plan statutes are in compliance with all 
applicable State and Federal laws and regulations.
    Therefore, we approve Mississippi's AMLR plan statutes. Although 
the AMLR plan statutes conform to statutory requirements, Mississippi 
must still submit the information required by 30 CFR 884.13(a) through 
(f) before we can make the findings necessary for full approval of its 
AMLR plan. The State will be able to receive and spend Federal AMLR 
grant funds only after we approve its complete State AMLR plan.

IV. Summary and Disposition of Comments

Public Comments

    We asked for public comments on the amendment, but did not receive 
any.

[[Page 50340]]

Federal Agency Comments

    On May 1, 2006, under 30 CFR 884.14(a)(2) and 884.15(a), we 
requested comments on the amendment from various Federal agencies with 
an actual or potential interest in the Mississippi AMLR plan 
(Administrative Record No. MS-0403). We received comments from the BLM, 
NRCS, and EPA. The BLM did not find any inconsistencies between the 
proposed changes and Federal Laws that govern mining (Administrative 
Record No. MS-0404). The NRCS stated that it and the Mississippi 
Department of Environmental Quality share common interest in 
stabilization and restoration following man's use of the land 
(Administrative Record No. MS-0406). Both agencies agreed with the 
proposed AMLR plan statutes. EPA responded on June 21, 2006, that it 
had no comments (Administrative Record No. MS-0411).

V. OSM's Decision

    Based on the above findings, we approve the Mississippi AMLR 
statutes sent to us on April 5, 2006.
    To implement this decision, we are amending the Federal regulations 
at 30 CFR part 924, which codify decisions concerning the Mississippi 
plan. We find that good cause exists under 5 U.S.C. 553(d)(3) to make 
this final rule effective immediately. Section 405 of SMCRA requires 
that the State's plan demonstrate that the State has the capability of 
carrying out the provisions of the Act and meeting its purposes. Making 
this rule effective immediately will expedite that process. SMCRA 
requires consistency of State and Federal standards.

VI. 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 AMLR plans because each program is drafted 
and promulgated by a specific State or Tribe, not by OSM. Decisions on 
proposed AMLR 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 AMLR 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 AMLR 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 AMLR plans 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 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

[[Page 50341]]

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: August 15, 2006.
Brent Wahlquist,
Acting Director, Office of Surface Mining Reclamation and Enforcement.

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For the reasons set out in the preamble, 30 CFR part 924 is amended as 
set forth below:

PART 924--MISSISSIPPI

0
1. The authority citation for part 924 continues to read as follows:

    Authority: 30 U.S.C. 1201 et seq.


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2. Part 924 is amended by adding Sec.  924.20 to read as follows:


Sec.  924.20  Approval of Mississippi Abandoned Mine Land Reclamation 
Plan.

    The Mississippi AMLR plan statutes, as submitted on April 5, 2006, 
are approved. Copies of the approved plan statutes are available at:

Office of Surface Mining Reclamation and Enforcement, Birmingham Field 
Office, 135 Gemini Circle, Suite 215, Homewood, Alabama 35209.
Mississippi Department of Environmental Quality, Office of Geology, 
2380 Highway 80 West, Jackson, Mississippi 39289-1307.

[FR Doc. E6-14155 Filed 8-24-06; 8:45 am]
BILLING CODE 4310-05-P