[Federal Register Volume 72, Number 241 (Monday, December 17, 2007)]
[Proposed Rules]
[Pages 71291-71293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24389]


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

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 756

[Stats No. CR-1-FOR; Docket ID OSM-2007-0019]


Crow Tribe 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 on proposed amendment.

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

SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are announcing receipt of a proposed amendment to the Crow Tribe 
Abandoned Mine Land Reclamation (AMLR) Plan (hereinafter, the Crow 
Plan) under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA or the Act). The Crow Tribe has requested concurrence from the 
Secretary of the Department of the Interior with its certification of 
completion of all coal-related reclamation objectives. If the Secretary 
concurs with the certification, the Crow Tribe intends to request AMLR 
funds to pursue projects in accordance with section 411 of SMCRA.

DATES: Comments on the proposed rule must be received by 4:00 p.m., 
m.s.t., January 16, 2008 to ensure our consideration. If requested, we 
will hold a public hearing on the amendment on January 11, 2008. We 
will accept requests to speak until 4 p.m., m.s.t., January 2, 2008.

ADDRESSES: You may submit comments by either of the two following 
methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
The notice is listed under the agency name ``Office of Surface Mining 
Reclamation and Enforcement'' and has been assigned Docket ID: OSM-
2007-0019.
     Mail/Hand Delivery: Jeffrey Fleischman, Director, Casper 
Field Office; Office of Surface Mining Reclamation and Enforcement; 150 
East ``B'' Street, Room 1018, Casper, Wyoming 82601. Please include the 
Docket ID (OSM-2007-0019) with your comments.
    If you would like to submit comments through the Federal 
eRulemaking Portal, go to www.regulations.gov and do the following. 
Find the blue banner with the words ``Search Documents'' and go to 
``Optional Step 2.'' Select ``Office of Surface Mining Reclamation and 
Enforcement'' from the agency drop-down menu, then click the ``Submit'' 
button at the bottom of the page. The next screen will have the title 
``Document Search Results.'' The proposed rule is listed under the 
Docket ID as OSM-2007-0019. If you click on OSM-2007-0019, you can view 
and print a copy of the amendment, the proposed rule, add comments, and 
view any comments submitted by other persons.
    We cannot ensure that comments received after the close of the 
comment period (see DATES) or sent to an address other than the two 
listed above will be included in the docket for this rulemaking and 
considered.
    For additional information on the rulemaking process and the public 
availability of comments, see ``III. Public Comment Procedures'' in the 
SUPPLEMENTARY INFORMATION section of this document.
    You may receive one free copy of this amendment by contacting OSM's 
Casper Field Office. You may access this amendment's docket, review 
copies of the Crow Plan and this amendment, find a listing of any 
scheduled public hearings, and review all written comments received in 
response to this document during normal business hours, Monday through 
Friday, excluding holidays, at the following addresses:
    Federal e-Rulemaking Portal: http://www.regulations.gov. The notice 
has been assigned Docket ID: OSM-2007-0019.
    Jeffrey Fleischman, Director, Casper Field Office, Office of 
Surface Mining Reclamation and Enforcement, 150 East ``B'' Street, Room 
1018, Casper, Wyoming 82601, (307) 261-6550, [email protected].
    Carl Venne, Chairman, Crow Tribe Executive Branch, Bacheeitche 
Avenue, Crow Agency, Montana 59022, (406) 638-3715.

FOR FURTHER INFORMATION CONTACT: Jeffrey Fleischman, Casper Field 
Office Director, Telephone: (307) 261-6550, Internet address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Crow Plan
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations

[[Page 71292]]

I. Background on the Crow Plan

    The Abandoned Mine Land Reclamation Program was established by 
Title IV of the Act (30 U.S.C. 1201 et seq.) in response to concerns 
over extensive environmental damage caused by past coal mining 
activities. The program is funded by a reclamation fee collected on 
each ton of coal that is produced. The money collected is used to 
finance the reclamation of abandoned coal mines and for other 
authorized activities. Section 405 of the Act allows States and Indian 
tribes to assume exclusive responsibility for reclamation activity 
within the State or on Indian lands if they develop and submit to the 
Secretary of the Interior for approval, a program (often referred to as 
a plan) for the reclamation of abandoned coal mines.
    On January 4, 1989, the Secretary of the Interior approved the Crow 
Tribe's AMLR Plan. You can find general background information on the 
Crow Plan, including the Secretary's findings and the disposition of 
comments, in the January 4, 1989, Federal Register (54 FR 116). You can 
also find later actions concerning Crow Tribe's Plan and plan 
amendments at 30 CFR 756.20.

II. Description of the Proposed Amendment

    By letter dated May 29, 2007, the Crow Tribe indicated to OSM that 
all high priority coal-related hazards on the Crow Reservation have 
been successfully addressed. As such, the Crow Tribe seeks 
certification of completion of all coal-related problems. If this 
request is approved by OSM it will mark the addressing, for the 
present, of all known existing coal-related problems within the Crow 
Reservation eligible for funding under the AMLR program.
    If approved, the certificate of completion will be codified at 30 
CFR 756.20. In accordance with 30 CFR 875.13(c), the Crow Tribe may 
then implement a program under Section 411 of SMCRA.
    OSM is seeking public comment on the adequacy of the Crow Tribe's 
certification that it has addressed all reclamation relating to 
abandoned coal mine lands. In addition, OSM is aware of the potential 
for problems occurring in the future which relate to pre-August 3, 
1977, coal mining. In accordance with 30 CFR 875.13(a)(3), the Crow 
Tribe agrees to acknowledge and give top priority to any coal-related 
problem(s) that may be found or occur after submission of the 
certificate of completion.
    The full text of the plan amendment is available for you to read at 
the locations listed above under ADDRESSES.

III. Public Comment Procedures

    Under the provisions of 30 CFR 884.15(a), OSM requests your 
comments on whether the amendment satisfies the applicable Tribal 
reclamation plan approval criteria of 30 CFR 884.14. If we approve the 
amendment, it will become part of the Crow Plan.
    Electronic or Written Comments: If you submit written comments, 
they should be specific, confined to issues pertinent to the proposed 
regulations, and explain the reason for any recommended change(s). We 
appreciate any and all comments, but those most useful and likely to 
influence decisions on the final regulations will be those that either 
involve personal experience or include citations to and analyses of 
SMCRA, its legislative history, its implementing regulations, case law, 
other pertinent Tribal or Federal laws or regulations, technical 
literature, or other relevant publications.
    We cannot ensure that comments received after the close of the 
comment period (see DATES) or sent to an address other than those 
listed above (see ADDRESSES) will be included in the docket for this 
rulemaking and considered.
    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 in the electronic docket for this rulemaking at 
www.regulations.gov. 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., m.s.t. on 
January 2, 2008. If you are disabled and need reasonable accommodation 
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 the hearing. If only one 
person expresses an interest, a public meeting rather than a hearing 
may be held, with the results included in the docket for this 
rulemaking.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at a 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.

IV. Procedural Determinations

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

    In accordance with Executive Order 13175, we have identified 
potential effects on a federally recognized Indian tribe (the Crow 
Tribe) that will result from this rule which is based on an amendment 
submitted by the Crow Tribe. This rule will enable the Crow Tribe to 
utilize AMLR grant monies to implement a program under Section 411 of 
SMCRA. We have been in consultation with the Crow Tribe and will fully 
consider tribal views when we develop the final rule.

Executive Order 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis of the amendment submitted by the tribe.

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 (Regulatory Planning and 
Review).

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, to the 
extent allowable by law, 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 tribal AMLR plans and 
revisions thereof because each plan is drafted and promulgated by a 
specific Indian tribe, not by OSM. Decisions on the proposed Crow Tribe 
AMLR plan and revisions thereof submitted by the Tribe are based on a 
determination of whether the submittal meets the requirements of Title 
IV of SMCRA (30 U.S.C. 1231-1243) and the applicable Federal 
regulations at 30 CFR Part 884.

[[Page 71293]]

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

    No environmental impact statement is required for this rule since 
agency decisions on proposed tribal AMLR plans and revisions thereof 
are categorically excluded from compliance with the National 
Environmental Policy Act (42 U.S.C. 4321 et seq.) by the Manual of the 
Department of the Interior (516 DM 13.5(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. 
3501 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 proposed rule, if adopted, would affect only the Crow Tribe and, as 
previously stated, would allow the tribe to request AMLR funds to 
pursue projects in accordance with section 411 of SMCRA.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), of the Small 
Business Regulatory Enforcement Fairness Act. Based on the nature of 
the amendment submitted by the tribe, we have determined that the 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.
    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.

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 on the nature of the amendment 
submitted by the tribe.

List of Subjects in 30 CFR Part 756

    Abandoned mine reclamation programs, Indian lands, Surface mining, 
Underground mining.

    Dated: November 5, 2007.
Louis Hamm,
Acting Regional Director, Western Region.
[FR Doc. E7-24389 Filed 12-14-07; 8:45 am]
BILLING CODE 4310-05-P