[Federal Register Volume 72, Number 187 (Thursday, September 27, 2007)]
[Rules and Regulations]
[Pages 54830-54832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19147]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 924

[Docket No. MS-021-FOR]


Mississippi Abandoned Mine Land Reclamation Plan

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

ACTION: Final rule; approval of abandoned mine land reclamation plan.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are approving Mississippi's abandoned mine land reclamation plan 
(Mississippi Plan) submitted to us under the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA or the Act). The purpose of the plan is 
to demonstrate the State's intent and capability to assume 
responsibility for administering the abandoned mine land reclamation 
(AML) program established by Title IV of SMCRA. As part of the plan, 
Mississippi submitted policies and procedures to be followed in 
conducting reclamation of abandoned coal mine lands in Mississippi. 
These policies and procedures, along with the State's AML statutes that 
we approved on August 25, 2006, constitute the complete Mississippi 
plan.

DATES: Effective Date: September 27, 2007.

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

SUPPLEMENTARY INFORMATION:

I. Background on the AML Program and Mississippi's Plan
II. Submission of the Mississippi Plan Policies and Procedures
III. OSM's Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. Procedural Determinations

I. Background on the AML Program and Mississippi's Plan

    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. In order to 
assume this responsibility, the States or Indian Tribes must 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. The Federal regulations at 30 CFR part 884 specify the 
content requirements of the State reclamation plan and the criteria for 
plan approval. Under these regulations, the Director of the Office of 
Surface Mining Reclamation and Enforcement is required to review the 
plan and solicit and consider comments of other Federal agencies and 
the public. If the State plan is not approved, the State may submit a 
revised reclamation plan at any time. 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.
    Upon approval of the State reclamation plan, the State may submit 
to us on an annual basis an application for funds to be expended in 
that State on specific reclamation projects which are necessary to 
implement the State's reclamation plan as approved. Such annual 
requests are reviewed and approved by us in compliance with the 
requirements of 30 CFR Part 886.
    By letter dated April 5, 2006 (Administrative Record No. MS-0402), 
Mississippi sent us its AML plan statutes. 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 approved Mississippi's revised and added statutes on August 25, 
2006, thereby, granting partial approval of its AML plan (71 FR 50339).
    Mississippi's current AML plan submission addresses the policies 
and procedures the State will follow in administering the Mississippi 
Plan.

II. Submission of the Mississippi Plan Policies and Procedures

    By letter dated June 11, 2007 (Administrative Record Nos. MS-0417-
01 through MS-0417-06), and at its own initiative, Mississippi sent us 
the proposed policies and procedures of the Mississippi Plan under 
SMCRA (30 U.S.C. 1201 et seq.).
    We announced receipt of the submission in the July 24, 2007, 
Federal Register (72 FR 40266). 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 plan. The public comment period 
closed on August 23, 2007. Because no one requested a public hearing or 
meeting,

[[Page 54831]]

we did not hold one. We received comments from one Federal and one 
State agency.

III. OSM's Findings

    1. In accordance with section 405 of SMCRA and the Federal 
regulations at 30 CFR 884.14, we find that Mississippi has submitted a 
plan for reclamation of abandoned mine lands and we have determined 
that:
    (a) The public has been given adequate notice and opportunity to 
comment and the record does not reflect any unresolved controversies.
    (b) The views of other Federal agencies having an interest in the 
plan have been solicited and considered. These agencies include the 
U.S. Forest Service, the U.S. Fish and Wild Life Services, the U.S. 
Environmental Protection Agency, the U.S. Army Corps of Engineers, the 
Advisory Council on Historic Preservation, the Bureau of Land 
Management, the National Park Service, the Natural Resources 
Conservation Service, and the Mine Safety and Health Administration.
    (c) The Mississippi Department of Environmental Quality, Office of 
Geology has the legal authority, policies, and administrative structure 
to implement the plan.
    (d) The Mississippi Plan meets all the requirements of 30 CFR 
Chapter VII, Subchapter R.
    (e) Mississippi has an approved State regulatory program under 
Title V of SMCRA.
    (g) The Mississippi Plan is in compliance with all applicable State 
and Federal laws and regulations.

IV. Summary and Disposition of Comments

Public Comments

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

Federal Agency Comments

    On July 6, 2007, under 30 CFR 884.14(a)(2), we requested comments 
from various Federal agencies with an actual or potential interest in 
the Mississippi Plan (Administrative Record No. MS-0417-10). We 
received a comment from the U.S. Forest Service stating that it had no 
comments (Administrative Record No. MS-0417-16). We also received a 
comment from the Mississippi Department of Archives and History stating 
that Mississippi's proposed reclamation plan will have no effect on 
cultural resources (Administrative Record No. MS-0417-17).

V. OSM's Decision

    Based on the above findings, we approve the Mississippi Plan 
policies and procedures sent to us on June 11, 2007, and as revised on 
July 31, 2007. Furthermore, this approval, together with our approval 
of Mississippi's AML statutes on August 25, 2006 (71 FR 50339), 
constitute the final and full approval of the Mississippi Plan.
    To implement this decision, we are amending the Federal regulations 
at 30 CFR part 924, which codify decisions concerning the Mississippi 
program. We find that good cause exists under 5 U.S.C. 553(d)(3) to 
make this final rule effective immediately. Section 503(a) of SMCRA 
requires that the State's program 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 
regulations.

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 regulatory programs and program amendments because 
each program is drafted and promulgated by a specific State, not by 
OSM. Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and 
the Federal regulations at 30 CFR 730.11, 732.15, and 732.17(h)(10), 
decisions on proposed State regulatory programs and program amendments 
submitted by the States must be based solely on a determination of 
whether the submittal is consistent with SMCRA and its implementing 
Federal regulations and whether the other requirements of 30 CFR parts 
730, 731, and 732 have been met.

Executive Order 13132--Federalism

    This rule does not have Federalism implications. SMCRA delineates 
the roles of the Federal and State governments with regard to the 
regulation of surface coal mining and reclamation operations. One of 
the purposes of SMCRA is to ``establish a nationwide program to protect 
society and the environment from the adverse effects of surface coal 
mining operations.'' Section 503(a)(1) of SMCRA requires that State 
laws regulating surface coal mining and reclamation operations be ``in 
accordance with'' the requirements of SMCRA, and section 503(a)(7) 
requires that State programs contain rules and regulations ``consistent 
with'' regulations issued by the Secretary pursuant to SMCRA.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have evaluated the 
potential effects of this rule on Federally-recognized Indian tribes 
and have determined that the rule does not have substantial direct 
effects on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes. 
This determination is based on the fact that the Mississippi program 
does not regulate coal exploration and surface coal mining and 
reclamation operations on Indian lands. Therefore, the Mississippi 
program 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 section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that 
agency decisions on proposed State regulatory program provisions do not 
constitute

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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 regulations did not impose an 
unfunded mandate.

List of Subjects in 30 CFR Part 924

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: September 18, 2007.
Brent Wahlquist,
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

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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. Section 924.20 is revised to read as follows:


Sec.  924.20  Approval of Mississippi abandoned mine land reclamation 
plans.

    The Mississippi abandoned mine land reclamation plan as submitted 
on April 5, 2006, and June 11, 2007, and as revised is approved. Copies 
of the approved plan 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. E7-19147 Filed 9-26-07; 8:45 am]
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