[Federal Register Volume 72, Number 141 (Tuesday, July 24, 2007)]
[Proposed Rules]
[Pages 40266-40269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14117]


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

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 924

[MS-021-FOR]


Mississippi 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.

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

SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are announcing receipt of a proposed Mississippi abandoned mine 
land reclamation plan (Mississippi plan) under the Surface Mining 
Control and Reclamation Act of 1977 (SMCRA or the Act). The purpose of 
the Mississippi plan is to establish policies and procedures to be 
followed in conducting reclamation of abandoned coal mine lands in 
Mississippi. Mississippi will use Federal monies to carry out the 
reclamation activities. We are seeking public comments on the adequacy 
of the proposed Mississippi plan. This document gives the times and 
locations that the proposed plan is available for your inspection, the 
comment period during which you may submit written comments on the 
plan, and the procedures that will be followed for the public hearing, 
if one is requested.

DATES: We will accept written comments on this proposed plan until 
August 23, 2007. If requested, we will hold a public hearing on the 
plan on

[[Page 40267]]

August 20, 2007. We will accept requests to speak at a hearing until 4 
p.m., c.t. on August 8, 2007.

ADDRESSES: You may submit comments, identified by MS-021-FOR, by any of 
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
OSM is listed as Surface Mining Reclamation and Enforcement Office. 
Follow the instructions for submitting comments.
     Mail/Hand Delivery: Sherry Wilson, Director, Birmingham 
Field Office, Office of Surface Mining Reclamation and Enforcement, 135 
Gemini Circle, Suite 215, Homewood, Alabama 35209; Telephone: (205) 
290-7282.
    Instructions: 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.
    For access to the record for this rulemaking to review copies of 
the Mississippi program, the proposed Mississippi plan, a listing of 
any scheduled public hearings, and all written comments received in 
response to this document, you may go to the address of our Birmingham 
Field Office listed above during normal business hours, Monday through 
Friday, excluding holidays. You may receive one free copy of the 
proposed Mississippi plan by contacting Sherry Wilson, Director, 
Birmingham Field Office, by E-mail or mail/in person at the addresses 
listed above or by telephone at (205) 290-7282. Copies of comments are 
also available at http://www.regulations.gov.
    In addition, you may review a copy of the proposed Mississippi plan 
during regular business hours at the following location: Mississippi 
Department of Environmental Quality, Office of Geology, 2380 Highway 80 
West, Jackson, Mississippi 39289-1307, Telephone: (601) 961-5500.

FOR FURTHER INFORMATION CONTACT: Sherry Wilson, 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 Mississippi Plan
III. Public Comment Procedures
IV. Procedural Determinations

I. Background on the Abandoned Mine Land Reclamation (AML) Program

    The AML 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 (Secretary) for 
approval, a program (often referred to as a plan) for the reclamation 
of abandoned coal mines. If the Secretary determines that a State has 
developed and submitted a program for the reclamation of abandoned mine 
lands and has the ability and necessary State legislation to implement 
the provisions of Title IV, the Secretary may approve the State program 
and grant to the State exclusive authority to implement the provisions 
of the approved program. The Mississippi plan 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. The 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 plan.
    4. The plan meets all the requirements of our AML program 
provisions.
    5. The State has an approved regulatory program.
    6. The plan is in compliance with all applicable State and Federal 
laws and regulations.

II. Description of the Proposed Mississippi Plan

    By letter dated June 11, 2007, (Administrative Record Number MS-
0417-01 and MS-0417-02), Mississippi submitted a proposed AML plan 
under SMCRA (30 U.S.C. 1201 et seq.). The purpose of this submission is 
to demonstrate the intent and capability of the State to assume 
responsibility for administering and conducting the provisions of SMCRA 
and our AML program (30 CFR Chapter VII, Subchapter R) as published in 
the Federal Register on October 25, 1978 (43 FR 49932-44952). The 
receipt of Mississippi's submission is the first step in the process 
which will result in the establishment of a comprehensive program for 
the reclamation of abandoned mine lands in Mississippi. By submitting a 
proposed plan, Mississippi has indicated that it wishes to be primarily 
responsible for this program. If the submission is approved, the State 
will have primary responsibility for the reclamation of abandoned mine 
lands in Mississippi. Below is a summary of the proposed Mississippi 
plan. The full text of the plan is available for your inspection at the 
locations listed above under ADDRESSES.
    The Mississippi plan submission includes the following:
    1. A designation of the State agency authorized to administer the 
plan.
    2. A legal opinion from the State's Attorney General of the 
designated Agency's authority to administer the plan.
    3. A description of the policies and procedures to be followed in 
conducting the plan including:
    (a) Goals and objectives.
    (b) Project ranking and selection procedures.
    (c) Coordination with other reclamation programs.
    (d) Land acquisition, management, and disposal.
    (e) Reclamation on private land.
    (f) Rights of entry.
    (g) Public participation in the plan.
    4. A description of the administrative and management structure to 
be used in the plan including:
    (a) A description of the organization of the designated agency and 
its relationship to other organizations that will participate in the 
plan.
    (b) A personnel staffing policy.
    (c) Purchasing and procurement systems and policies.
    (d) A description of the accounting system including specific 
procedures for operation of the reclamation fund.
    5. A general description of the activities to be conducted under 
the reclamation plan including:
    (a) Known or suspected eligible lands and water requiring 
reclamation, including a map.
    (b) General description of the problems identified and how the plan 
proposes to address them.
    (c) General description of how the lands will be reclaimed.
    6. General description of the conditions in the different 
geographic areas where reclamation is planned, including:
    (a) The economic base.
    (b) Significant esthetic, historic, or cultural, and recreational 
values.
    (c) Endangered and threatened plant, fish, and wildlife and their 
habitat.

III. Public Comment Procedures

    We are requesting comments on whether the proposed plan satisfies 
the applicable State reclamation plan approval criteria of 30 CFR 
884.14. If we approve the plan, Mississippi will have primary 
responsibility for the reclamation of abandoned mine lands in 
Mississippi.

[[Page 40268]]

Written Comments

    Send your written or electronic comments to us at the addresses 
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 record for this rulemaking, but comments 
delivered to an address other than the those listed above may not be 
logged in.

Public Availability of Comments

    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

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 August 
8, 2007. 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 amendment, 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 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 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 and plan amendments 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

[[Page 40269]]

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: July 13, 2007.
Brent Wahlquist,
Office of Surface Mining Reclamation and Enforcement.
[FR Doc. E7-14117 Filed 7-23-07; 8:45 am]
BILLING CODE 4310-05-P