[Federal Register Volume 71, Number 180 (Monday, September 18, 2006)]
[Proposed Rules]
[Pages 54601-54607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15444]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 948

[WV-111-FOR]


West Virginia 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 on proposed amendment.

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

SUMMARY: We, OSM, are announcing the receipt of a proposed amendment to 
the West Virginia Abandoned Mine Land Reclamation (AMLR) Plan under the 
Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). 
The proposed amendment makes numerous revisions throughout the State's 
AMLR Plan. The amendment is intended to update and improve the 
effectiveness of the West Virginia AMLR Plan.
    This document gives the times and locations that the West Virginia 
AMLR Plan and proposed amendment is 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 
until 4 p.m. on October 18, 2006. If requested, we will hold a public 
hearing on the proposed State AMLR Plan amendment at 1 p.m. on October 
13, 2006. We will accept requests to speak at a hearing until 4 p.m. on 
October 3, 2006.

ADDRESSES: You may submit comments, identified by Docket No. WV-111-
FOR, by any of the following methods:
     E-mail: [email protected]. Include WV-111-FOR in the subject 
line of the message;
     Mail/Hand Delivery: Mr. Roger W. Calhoun, Director, 
Charleston Field Office, Office of Surface Mining Reclamation and 
Enforcement, 1027 Virginia Street, East, Charleston, West Virginia 
25301; or
     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

[[Page 54602]]

``Public Comment Procedures'' heading in the SUPPLEMENTARY INFORMATION 
section of this document. You may also request to speak at a public 
hearing by any of the methods listed above or by contacting the 
individual listed under FOR FURTHER INFORMATION CONTACT.
    Docket: You may review copies of the West Virginia AMLR Plan, this 
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 also receive one free copy of this amendment to the 
AMLR Plan by contacting OSM's Charleston Field Office listed below.
    Mr. Roger W. Calhoun, Director, Charleston Field Office, Office of 
Surface Mining Reclamation and Enforcement, 1027 Virginia Street, East, 
Charleston, West Virginia 25301, Telephone: (304) 347-7158. E-mail: 
[email protected].
    West Virginia Department of Environmental Protection, 601 57th 
Street, SE, Charleston, WV 25304, Telephone: (304) 926-0485.
    In addition, you may review a copy of the AMLR Plan amendment 
during regular business hours at the following locations:

Office of Surface Mining Reclamation and Enforcement, Morgantown Area 
Office, 604 Cheat Road, Suite 150, Morgantown, West Virginia 26508, 
Telephone: (304) 291-4004. (By Appointment Only)
Office of Surface Mining Reclamation and Enforcement, Beckley Area 
Office, 313 Harper Park Drive, Suite 3, Beckley, West Virginia 25801, 
Telephone: (304) 255-5265.

FOR FURTHER INFORMATION CONTACT: Mr. Roger W. Calhoun, Director, 
Charleston Field Office, Telephone: (304) 347-7158. E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: 

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

I. Background on the Abandoned Mine Land Reclamation Program

    The West Virginia AMLR Program was established by Title IV of SMCRA 
(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 mined lands. The West Virginia AMLR Plan was approved 
by OSM effective February 23, 1981. You can find additional information 
about the West Virginia AMLR Plan at 30 CFR 948.20, 948.25, and 948.26.

II. Description of the Proposed AMLR Plan Amendment

    By letter dated June 27, 2006 (Administrative Record Number WV-
1469), the West Virginia Department of Environmental Protection 
(WVDEP), Office of Abandoned Mine Lands and Reclamation submitted an 
amendment to its AMLR Plan under SMCRA (30 U.S.C. 1201 et seq.). The 
amendment consists of numerous changes throughout the AMLR Plan, some 
of which concern the AML Enhancement Rule. In its submittal of the 
amendment, the WVDEP stated that the revision incorporates the AML 
Enhancement Rule at 30 CFR Parts 707 and 874, as published by OSM in 
the Federal Register on Friday, February 12, 1999 (64 FR 7470-7483).
    In its submittal letter, the State noted that the amendment also 
contains minor organizational and operational changes. Minor changes, 
such as organizational changes, re-numbering of sections, updating the 
name of departments or agencies, deletion of historical narrative, and 
the correction of typographical and grammatical errors, are non-
substantive changes that do not affect the basis of the original 
approval of the West Virginia AMLR Plan. Therefore, these minor changes 
are hereby approved, and we will not identify such non-substantive 
changes in this notice.
    West Virginia proposes the following amendments to the State's AMLR 
Plan:

Introduction

Part B, State Reclamation Plan

    This part contains additions and deletions of historical 
information about the West Virginia AMLR Plan. This section also states 
that the amendment will update the organization of the Office of 
Abandoned Mine Lands and Reclamation and establish the Abandoned Mine 
Lands and Reclamation Enhancement Rule.
Section II. Purposes of the State Reclamation Program
    Language is deleted and added to clarify that projects are selected 
on the basis of the priorities identified at W. Va. Code 22-2-4.
Section III. Criteria for Ranking and Identifying Projects To Be Funded
    A. Identification of problems. The State has deleted language 
concerning examples of data provided by contributors to the Abandoned 
Mine Land Inventory System (AMLIS).
    B. Prioritization of problems. Language is added to clarify that 
projects are selected on the basis of the priorities identified at W. 
Va. Code 22-2-4.
    B.4: This paragraph is deleted and formerly identified as priority 
4 projects, research and demonstration projects.

Factors Considered for Reclamation Project Evaluation

    Item 1. The State has deleted related language concerning research 
projects.
    Item 6.(e). The existing language is deleted concerning waiving any 
requirement that a reclamation contractor obtain a reclamation permit 
to extract or remove coal if the waiver will facilitate removal of coal 
and the mining is incidental to the project. In its place, the 
following language has been added:

    (e) Abandoned Mine Lands and Reclamation Enhancement Rule, as 
used in this part, the following definitions have the specific 
meaning;
    Definitions: Extraction of coal as an incidental part means the 
extraction of coal which is necessary to enable the construction to 
be accomplished. For this purpose of this part, only that coal 
extraction from within the right-of-way. In the case of a road, 
railroad, utility line or other such road construction, or within 
the boundaries of the area directly affected by other types of 
government-financed construction, may be considered incidental to 
that construction and shall be subject to the requirements of 
Chapter 22, Article 3, Section 26, Paragraph b, of the Code of West 
Virginia, legislative rules and this plan. Extraction of coal 
outside the right-of-way or boundary of the area directly affected 
by the construction shall be subject to the requirements of Chapter 
22, Article 3 of the Code of West Virginia, and the rules 
promulgated thereunder.
    Government financing agency means a Federal, State, county, 
municipal, or local unit of government, or a department, bureau, 
agency or office of the unit which, directly or through another unit 
of government, finances construction.
    Government-financed construction means construction funded at 50 
percent or more by funds appropriated from a government financing 
agency's budget or obtained from

[[Page 54603]]

general revenue bonds. Government financing at less than 50 percent 
may qualify if the construction is undertaken as an approved AML 
reclamation project under Chapter 22, Article 2 of the Code of West 
Virginia. Construction funded through government financing agency 
guarantees, insurance, loans, funds obtained through industrial 
revenue bonds or their equivalent, or in-kind payments does not 
qualify as government-financed construction.
    (i) The Abandoned Mine Land Program (AML) shall work in 
consultation with the Title V regulatory authority to administer 
these provisions.
    (I) To qualify as a Federal, State, county, Municipal, or other 
local government-financed highway or other construction project, the 
construction must be funded at fifty percent (50%) or more by the 
relevant government agency. Funding at less than fifty percent (50%) 
may qualify if the construction is undertaken as an approved AML 
Reclamation contract.
    (II) For reclamation projects receiving less than fifty percent 
(50%) government funding because of planned coal extraction, AML may 
qualify if the construction is undertaken as an approved Reclamation 
project under Title IV of SMCRA. AML shall consult with [the] Title 
V regulatory authority to make the following determinations.
    WVDEP must determine the following:
    (A) The likelihood of the coal being mined under a surface 
mining permit. This determination must take into account available 
information such as:
    (a) Coal reserves from existing mine maps or other sources;
    (b) Existing environmental conditions;
    (c) All prior mining activity on or adjacent to the site;
    (d) Current and historic coal production in the area; and
    (e) Any known or anticipated interest in mining the site.
    (B) The likelihood that nearby or adjacent mining activities 
might create new environmental problems or adversely affect existing 
environmental problems at the site.
    (C) The likelihood that reclamation activities at the site might 
adversely affect nearby or adjacent mining activities.
    III. If OAML&R [Office of Abandoned Mine Lands and Reclamation] 
and DMR (Division of Mining and Reclamation) decide to proceed with 
the reclamation project, then they must concur in the following 
determinations:
    (A) The determination of the limits on any coal refuse, coal 
waste, or other coal deposits which can be extracted under the 
exemption contained in CSR 38-2-3.31.
    (B) The delineation of the boundaries of the Abandoned Mine 
Lands Project.
    IV. Documentation.
    (A) The following documentation must be included in the AML&R 
case file:
    (a) The determinations made under sections e.i.II. and e.i.III.
    (b) The information taken into account in making the 
determinations; and
    (c) The names of the parties making determinations.
    V. Special requirements.
    (A) For each project, OAML&R must do the following;
    (a) Characterize the site in terms of mine drainage, active 
slides and slide-prone areas, erosion and sedimentation, vegetation, 
toxic materials, and hydrologic balance;
    (b) Ensure that the reclamation project is conducted in 
accordance with the provision of 30 CFR Subchapter R and CSR 59-1 et 
seq.
    (c) Develop specific site reclamation requirements, including 
performance bond in accordance with West Virginia Code 22-3-26(b); 
and
    (d) Require the contractor conducting the reclamation to provide 
prior to the time reclamation begins applicable documents that 
clearly authorize the extraction of coal and payment of royalties.
    VI. Limitation.
    If the reclamation contractor extracts coal beyond the limits of 
the incidental coal specified in paragraph e.i.III.A. of this 
section, the contractor must obtain a permit under CSR 38-2 et seq. 
for mining such coal.

    Item 6.(g). The existing language concerning the recovery of coal 
from refuse piles, impoundments, or abandoned mine workings containing 
coal is deleted.
    Item 8. This item concerns the probability of post-reclamation 
management, maintenance and control of the area consistent with the 
reclamation completed. Language is deleted concerning requesting 
information from field offices ``well in advance of submitting a 
Construction Grant to OSMRE.'' A sentence concerning public meetings is 
deleted. Finally, a sentence is deleted concerning submittal of site 
selections and information to OSM after the intensive investigation 
process.
Section IV. Coordination of Reclamation Work Among Abandoned Mine Land 
Programs
    Under the paragraph concerning the Rural Abandoned Mine Land 
Program (RAMP), new paragraph three is added to read as follows:

    3. The Office of Surface Mining has the responsibility for 
funding the Appalachian Clean Streams Initiative (ACSI), Watershed 
Cooperative Agreement (WCA) program, and the Federal Reclamation 
Program.
    The ACSI began as a broad based program to eliminate acid mine 
drainage from abandoned coal mines. The mission of the ASCI is to 
facilitate and coordinate citizen groups, university researchers, 
the coal industry, corporations, the environmental community, and 
local, state, and Federal government agencies that are involved in 
cleaning up streams polluted by acid mine drainage.
    The WCA program, as part of the ACSI, funds are available to 
award cooperative agreements to not-for-profit organizations, 
especially small watershed groups, that undertake local acid mine 
drainage reclamation projects. The maximum award amount for each 
cooperative agreement will normally be $100,000.
Section VI. Reclamation on Private Land
    Subsection H. Under contractor responsibilities, four items are 
deleted at the end of this subsection concerning waste sites that are 
used in conjunction with an abandoned mine land project.
Section VIII. Public Participation and Agency Review
    (1) State Plan Revision.
    Paragraph (a), concerning public participation, has been revised 
with several additions and deletions in the statement of public notice 
that was published in West Virginia regarding the current amendment. 
The language being revised related to an amendment to the AMLR Plan 
dating to 1987.
    The State also amended a paragraph concerning conducting a public 
meeting prior to submitting a grant application. References to grant 
applications are deleted and other language added relating to non-
emergency construction projects. As amended, the paragraph provides as 
follows:

    Prior to submission(s) of a non-emergency construction project 
to the OSM for the issuance of an Authorization to Proceed (ATP), 
the WVDEP will conduct at least one public meeting in Charleston, 
West Virginia to describe the project submittal's contents. 
Additional public meetings may be conducted in other appropriate 
locations for specific sites in the non-emergency construction 
project in the following cases:

    In other areas, references to grants have been deleted, a reference 
to a grant has been changed to ``non-emergency construction project,'' 
and the words ``environmental assessment'' have been deleted in two 
places. Finally, at item (1) under the sentence ``the Environmental 
Assessments may be reviewed by the following agencies,'' a reference to 
the ``Office of Culture and History'' is deleted and replaced by 
``State Historic Preservation Office.''
IX. Administrative Framework
A. Organizational (State Level)
    In the second sentence, the description of the Office of Abandoned 
Mine Lands and Reclamation (OAML&R) has been changed from ``eight'' to 
``six'' groups. Additionally, the following changes to the descriptions 
of the OAML&R have been made: ``Grants/Administration'' is now 
``Administration;'' ``Design'' is now ``Project Design;'' ``In-House 
Design'' is deleted; ``Construction'' is changed to ``Project 
Construction;'' and ``Special Reclamation Program and Stream 
Restoration'' has been deleted. The word ``Morgantown'' has been 
deleted as a regional AML&R staff office. The following sentence is 
deleted:


[[Page 54604]]


    Staff from each group is located in each regional office, as 
stated above and is accountable to the Engineer on day-by-day 
operations, with general guidance from the Nitro Headquarters.

    Item 1. Under the sentence ``the program is served by the following 
groups,'' at Item 1., the heading ``Grant/Administration'' is changed 
to ``Administration.'' Language is added to the end of the last 
sentence, and an additional sentence is added to read as follows:

    They track expenditures as they relate to administrative and 
construction functions responsible for management of grants, budgets 
and financial administration of OAML&R. The Stream Restoration 
[Group] performing all program water monitoring functions.

    Item 3. The heading of this item is changed from ``Planning 
Emergency Section'' to ``Planning Group.'' In the first sentence, the 
word ``selecting'' is deleted and is replaced by the word 
``identifying.'' The sentence that states ``[a]nd preparing the 
construction grant application for submission to OSMRE'' is deleted. 
Reference to ``Construction Grant'' is deleted. The words ``in 
compliance with the National Environmental Policy Act (NEPA)'' are 
added following the words ``Environmental Assessment.'' Finally, the 
following existing last two sentences of Item 3 are deleted:

    This group is also responsible for administering and conducting 
the Emergency Program. Please see the Emergency Program Amendment, 
which is attached to this document for a more detailed explanation 
of this component's function.

    Item 4. Under Emergency Group, the second sentence, relating to an 
earlier Plan amendment, is deleted.
    Item 5. Under Project Construction Group, the third sentence is 
deleted. The deleted sentence stated as follows: ``This group also may 
recommend Change Orders to the Director.''
    Item 6. Under Project Design Group, this item is amended by 
deleting the words ``projects'' and ``reclamation of'' in the first 
sentence. The second sentence is amended by deleting language 
concerning ``open end'' contracts and adding language concerning design 
consultants. As amended, Item 6 provides as follows:

    6. Project Design Group--This group approves all consultant 
plans and specifications involving abandoned mine land projects and 
oversees the Office In-House design whose function of this component 
is to survey and design smaller abandoned mine land and bond 
forfeiture reclamation projects. They also evaluate and select 
design consultants [to] perform all necessary preparation of plans 
and specifications for projects. This group also administers 
exploratory drilling, aerial mapping and surveying contracts. The 
plans and specifications are used by contractors to bid on jobs.

    Items 7 and 8. These items have been deleted and provided as 
follows:

    7. Special Reclamation--The function of this component is to 
oversee reclamation of bond forfeiture projects. This includes 
bidding and inspections of reclamation projects which are paid for 
with bonds from forfeited permits.
    8. Stream Restoration--This group is involved with the treatment 
of acid mine drainage.

B. Personnel Policies
    In the fourth paragraph, the address has been updated that 
identifies where copies of laws and regulations are available for 
public inspection as follows:

    Copies of these laws and regulations are available for public 
inspection in the offices of the WVDEP, 601 57th Street SE., 
Charleston, West Virginia 25304.

    The paragraph concerning performing a function or duty under Title 
IV of SMCRA has been amended as follows:

    All OAML&R personnel who perform a function or duty under Title 
IV of SMCRA, will complete and sign the standard ``conflict of 
interest'' form provided by OSM in accordance with West Virginia 
Code Sec.  22-3-31(a).

C. Purchasing and Procurement
    The existing language concerning the procedures concerning design 
consultant services is deleted and replaced with the following 
language:

    a. Projects greater than $250,000
    (1) Requesting program office develops the Expression of 
Interest (EOI) purpose, project, and scope of work, evaluation 
criteria, and questionnaire for evaluation.
    (2) The OAML&R must select a committee of three to five members 
to review the EOIs. All members must have training on the process 
prior to participating on the committee. They must select a 
chairperson for the committee.
    (3) This list of committee members is forwarded to 
Administrative services [Services] for review and approval.
    (4) Administrative Services forwards the package to the 
Purchasing Division for processing.
    (5) [The] Purchasing Division reviews the package to determine 
accuracy and compliance of rules and law.
    (6) If information is in compliance with WV Code 5G-1, the 
Purchasing Division places a Class II ad in the newspaper and 
publishes the EOI in the Purchasing Bulletin.
    (7) The agency receives a copy of the EOI with the opening time 
and date established.
    (8) On the EOI opening date, the Purchasing Division opens the 
EOIs and forwards the agency copies for review, along with a list of 
the firms submitting.
    (9) A meeting should be set for committee members to develop a 
short list (minimum of three firms). This short list will be 
developed by a consensus decision of the committee. Both information 
provided in the EOI and personal knowledge of a firm by a committee 
member or members can be used in developing the short list. Scores 
are not used to develop the short list.
    (10) After developing the short list, the committee shall score 
each short listed firm based on the evaluation criteria described in 
the EOI. Each firm begins with a score of 100 points and points are 
deducted based on the Consultant Qualification Evaluation. When 
points are deducted, the reason for the deductions must be provided. 
Reasons for deductions must be consistent from one firm to another 
for each EOI. Partial point deductions are not allowed. Points may 
be deducted for not having enough staff to perform the job[,] but 
the description of that deduction can not specify any particular 
project (i.e., DEP 11200). Points may not be deducted for using sub-
consultants.
    (11) The points for qualifications and work experience should 
total 80 points. The remaining 20 points shall be used for oral 
interviews. The 20 points for oral interview will give the agency 
some flexibility (i.e., firms approach to the job, their 
creativeness). However, the point deductions must remain consistent. 
If five points are deducted for not meeting a prior project plan 
from one firm, then each firm that did not meet a prior project plan 
must have five points deducted.
    (12) A letter is prepared for the signature of all committee 
members to the Purchasing Division with the top three firms ranked 
in order by score.
    (13) The consensus evaluation, signed letter, and the 
Certification of Non-Conflict of Interest form is forwarded to 
Administrative Services for review. After the review and approval by 
the agency procurement officer, this package is submitted to the 
Purchasing Division for review and approval.
    (14) Once the evaluation is approved by the assigned Buyer, the 
Purchasing Divisions [Division's] Best Value Evaluation Committee 
convenes to review the request to ensure scores are fair and 
equitable.
    (15) After the Purchasing Divisions [Division's] approval, the 
agency is notified to start negotiations with the top firm.
    (16) A purchase order is prepared by the assigned Purchasing 
Division buyer. The bid file is prepared for the approval and 
signature process within the Purchasing Division.
    (17) The bid file is forwarded to the Attorney Generals 
[General's] Office (AG) for review and approval as to form. Once 
approved by the AG, the bid file is returned to the Purchasing 
Division. The purchase order is issued and placed in the U.S. Mail.
    (18) After receipt of the purchase order, the vendor can proceed 
with the project.
    b. Projects less than $250,000,
    (1) The program office in charge of the project for which design 
services are needed selects a minimum of three firms which they know 
have design knowledge of the particular types of work associated 
with the particular project.
    (2) After receipt of the questionnaire of qualifications, the 
program office rates those

[[Page 54605]]

firms on their qualifications. The same qualification as shown for 
the EOI is used to score each firm. The highest qualified firm is 
then contacted in the form of a work directive which sets up an on-
site meeting to show the project and request a cost proposal.
    (3) Costs are negotiated with that firm and if they reach an 
agreement, the appropriate paperwork is forwarded to administrative 
[Administrative] Services for review. If the cost negotiations are 
not successful with the first firm, you proceed with the next firm 
and follow that order until a cost is successfully negotiated.
    (4) A purchase order is prepared by the assigned Purchasing 
Division Buyer. The bid file is prepared for the approval and 
signature process within the Purchasing Division.
    (5) The bid file is forwarded to the Attorney Generals 
[General's] (AG) Office for review and approval as to form. Once 
approved by the AG, the bid file is returned to the Purchasing 
Division. The purchase order is encumbered and placed in the U.S. 
Mail.
    c. Definitions.
    Agency--DEP--Department of Environmental Protection.
    Agreement--A document used to acquire services from a firm for a 
preset fee covering a specific period of time. Terms & conditions 
are outlined in this form. The WV-48 Agreement form is used for 
delegated purchases and, on certain occasions, for services over 
$10,000 in the absence of any other formal written contract. The WV-
48 must be completed, signed, and forwarded with other appropriate 
paperwork to the DEP Purchasing Office.
    Best Value Purchasing--Purchasing methods used in awarding a 
contract based on evaluating and comparing all established quality 
criteria where cost is not the sole determining factor in the award.
    Expression of Interest (EOI)--A best value purchasing tool used 
only in the selection of architects and engineers, which permits the 
state to award a contract to the most qualified firm at fair market 
value determined to be in the state's best interest.
    FIMS--Financial Information Management System used by State 
agencies for recording financial information and encumbrances.
    No-Debt Affidavit--A form required to be completed by all firms 
prior to the award of a contract. In accordance with 5A-3-10A of the 
West Virginia Code, no contract or renewal of any contract may be 
awarded to any vendor who is a debtor to the State of West Virginia 
in an aggregate amount of $5,000 or more. This form must be 
submitted with the purchase order recommendation.
    Program Office--Any of the offices within DEP (Division of 
Mining and Reclamation, Division of Land Restoration, Division of 
Water and Waste Management, Division of Air Quality, Office of 
Explosives & Blasting, Office of Abandoned Mine Lands, Office of Oil 
& Gas, Office of Legal Services, Office of Information Technology, 
Environmental Enforcement, Office of Environmental Remediation, and 
Administration/Executive Office.
    Purchase Order--A document issued by the Purchasing Division 
(WV-16) used to execute a purchase transaction with a vendor. It 
serves as notice to a vendor that an award has been made.
    Specifications--A detailed description of a commodity or service 
to be included in a solicitation or bid or an awarded contract.
    Team--Team Effort for Acquisition Management

    Existing paragraph (d) concerning ``Construction Contracts'' has 
been deleted in its entirety.
D. Accounting System
    Item 2. The words ``permanent posting charge number'' and ``posting 
charge'' have been deleted and replaced by the words ``project 
number.''
    Item 3. The words ``as close as possible'' have been deleted and 
replaced with the words ``within specified limits.''
    Item 4. In the first sentence, the word ``when'' is inserted 
between the word ``and'' and the phrase ``this office receives.'' Also, 
the words ``posting charge'' are deleted and replaced by the word 
``project,'' and the words ``line item number'' are deleted and 
replaced by the words ``object code.''

Emergency Reclamation Program

A. Designated Agency by Governor To Receive Grants To Administer 
Emergency Programs
    The second sentence is amended by adding a phrase to clarify that 
WVDEP was ``formerly the West Virginia Department of Energy.''
B. Legal Opinion From State Attorney General Regarding Emergency 
Program Administration
    In the second sentence, the citation ``WV Code Section 22-3'' is 
deleted, and in the third sentence, the citation ``Chapter 22-3-
4(b)(1)(A)'' is changed to ``Chapter 22-2-4(b)(1)(A).'' In the language 
that follows the corrected citation to Chapter 22-2-4(b)(1)(A), at 
(b)(A), the reference to Title ``38'' is deleted and ``59'' is added in 
its place.
C. Policies and Procedures Regarding the Emergency Reclamation Program
    Item 6. Existing Item 6 concerns a public meeting for a previous 
amendment to the AMLR Plan and is being deleted.
D. Administrative and Managerial Structure
    Item 2. The following language is being deleted at the beginning of 
Item 2:

    Six of the positions assigned to the Emergency Group of the 
Abandoned Mine Lands and Reclamation Section consist of technical 
personnel. These positions include 5 inspectors and 2 engineers.

    The last sentence at the end of the existing second paragraph is 
being deleted. That sentence stated that ``[t]hese are all newly 
created positions.''
    The last two sentences in the existing third paragraph (the second 
sentence contains a reference to page 75) are being deleted. In their 
place, a new sentence is added which states that ``[t]his procedures 
(sic) is in compliance to [with] the Department of Administration, 
Division of Purchasing.''
    Item 3. Under (c) Immediate Follow-up, at (ii), language is being 
deleted concerning an engineer, realty specialist, and is replaced by 
the phrase ``appropriate personnel.'' Also, the last sentence is being 
deleted which provides that ``[t]his visit will be coordinated with the 
Federal Office of Surface Mining Reclamation and Enforcement.'' As 
amended, subparagraph (ii) reads as follows:

    (ii) Appropriate personnel will be dispatched to the site as 
soon as possible if a valid emergency situation exists.

    At paragraph (iv), ``color slides'' is being revised to ``photos.''
    At paragraph (vi), the word ``appropriate'' is being added between 
the words ``conduct'' and ``appraisals.'' The words ``if indicated'' 
are deleted at the end of the sentence.
    At paragraph (ix), the last sentence is deleted that reads: ``[t]he 
details of these procedures are in the Emergency Purchases Section.''
(d) Inspections
    At paragraph (ii), the words ``their immediate supervisors, who 
will turn them into the Nitro'' are being deleted. In their place, the 
words ``Charleston-Kanawha City Headquarters'' are added.
F. Emergency Purchases
    Item 6. This item is being deleted. The deleted language reads as 
follows:

    6. In addition to the above stated procedure, at the time of 
this writing an open end or bilateral contract for construction 
services is being assembled which may be utilized for emergency 
services.
    The following page shows the technical evaluation sheet used to 
assist in selecting consultants. The factors may be revised in the 
future to reflect different needs.

G. Emergency Reclamation Activities

    Language is being deleted that relates to the number of 
emergency projects completed as of 1987.

Water Supply

    In the first sentence, the word ``construction'' is deleted 
between the phrase ``to the State in its'' and the word ``grant.'' 
Also, the words ``any year'' are deleted from

[[Page 54606]]

between the word ``grant'' and the phrase ``for the purpose of 
replacing.''

Target Areas For AML assistance

    Item (3). In the second paragraph, the words ``and submitted to 
the Federal Office of Surface Mining for funding approval'' are 
deleted from the end of the first sentence. As revised, the sentence 
reads as follows: ``After a pool of eligible projects is determined, 
potential projects are selected.''

Revision to State Reclamation Plan Reflecting Amendments to Title IV of 
the SMCRA

    A. Expanded Eligibility Criteria. Item (2). In the second 
paragraph, the citation ``45 FR 14810-14819 March 6, 1980'' is being 
deleted and replaced by the following citation: ``66 FR 31250-31258, 
June 11, 2001.''
    B. Acid Mine Drainage Treatment and Abatement Program. Language 
is being amended concerning coordination between the State and the 
Natural Resources Conservation Service (NRCS). The State has deleted 
references to the Rural Abandoned Mine Program and to the U.S. 
Bureau of Mines. As amended, the language is as follows:
    After consultation with the NRCS, the State may reclaim certain 
areas that are severely impacted by acid mine drainage. (This 
coordination will continue the already present cooperative effort 
between the State and the NRCS).

III. Public Comment Procedures

    Under the provisions of 30 CFR 884.15(a), we are requesting your 
comments on whether West Virginia's AMLR Plan amendment satisfies the 
applicable State reclamation plan approval criteria of 30 CFR 884.14.
    The proposed amendments to the West Virginia AMLR Plan can be 
approved if:
    1. The public has been given adequate notice and opportunity to 
comment and the administrative 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 the requirements of the Federal 
AMLR program provisions;
    5. The State has an approved regulatory program; and
    6. The State AMLR Plan is in compliance with all applicable State 
and Federal laws and regulations.
    If we approve the proposed amendments, they will immediately become 
part of the West Virginia 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 may 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 Charleston 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: SATS No. WV-111-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 Charleston Field 
Office at (304) 347-7158.

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 inspection 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. (local time), on 
October 3, 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 the proposed AMLR plan 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 exempt from review by the Office of Management and 
Budget 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 or Tribal abandoned mine land reclamation plans and 
plan amendments because each program 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 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

[[Page 54607]]

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. 
The basis for this determination is that our decision is on a State 
abandoned mine land reclamation plan and does not involve a Federal 
regulation involving Indian lands.

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 [*33277] Department of the Interior (516 DM 6, appendix 8, 
paragraph 8.4B(29)).section 702(d) of SMCRA (30 U.S.C. 1292(d)) 
provides that agency decisions on proposed State regulatory program 
provisions do not constitute major Federal actions within the meaning 
of section 102(2)(C) of the National Environmental Policy Act (42 
U.S.C. 4332(2)(C)).

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 948

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: August 18, 2006.
Michael K. Robinson,
Acting Regional Director, Appalachian Region.
 [FR Doc. E6-15444 Filed 9-15-06; 8:45 am]
BILLING CODE 4310-05-P