[Federal Register Volume 73, Number 63 (Tuesday, April 1, 2008)]
[Rules and Regulations]
[Pages 17247-17249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6692]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 756

[SATS 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: Final rule; approval of certification.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are concurring with the Crow Tribe's certification that it has 
abated or reclaimed all coal-related abandoned mine land (AML) problems 
on Crow lands.

DATES: Effective Date: April 1, 2008.

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. Submission of the Proposed Amendment
III. Office of Surface Mining Reclamation and Enforcement's (OSM's) 
Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. Procedural Determinations

I. Background on the Crow Plan

    The Abandoned Mine Land Reclamation Program was established by 
Title IV of the Surface Mining Control and Reclamation Act (SMCRA, or 
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 abandoned mine land reclamation plan 
(herein after the Crow 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 the Crow Plan 
and plan amendments at 30 CFR 756.20.

II. Submission of the Proposed Amendment

    By letter dated May 29, 2007, the Crow Tribe indicated to OSM that 
all coal-related impacts on abandoned mine lands within the Crow 
Reservation have been successfully addressed under SMCRA (30 U.S.C. 
1201 et seq.) (Administrative Record No. OSM-2007-0019-0006). The Crow 
Tribe sent the request for concurrence with its certification at its 
own initiative with the intent of implementing a non-coal reclamation 
program under its current Plan. The Crow Tribe will most likely be 
required to revise its AMLR Plan in the future to implement a program 
under section 411 of SMCRA.
    We announced receipt of the proposed certification in the December 
17, 2007, Federal Register (72 FR 71291). In the same document, we 
opened the public comment period and provided an opportunity for a 
public hearing or meeting on the certification's adequacy 
(Administrative Record No. OSM-2007-0019-0001). We did not hold a 
public hearing or meeting because no one requested one. We received 
comments from one industry group, one State agency and three Federal 
agencies.

III. OSM's Findings

    As discussed below, the Director of OSM, in accordance with SMCRA 
and 30 CFR 756.1, 884.14 and 884.15, finds that the proposed 
certification of completion submitted by the Crow Tribe on May 29, 
2007, meets the requirements of SMCRA and the Federal regulations at 30 
CFR 884.14. Accordingly, we are approving the certification.
    The Chairman of the Crow Nation notified the Secretary of the 
Department of the Interior that the Crow Tribe certifies to the 
completion of all its coal reclamation projects. Section 411(a) of 
SMCRA provides that the head of an Indian tribe may certify to the 
Secretary that all of the priorities stated in section 403(a) of SMCRA 
for eligible lands and water have been achieved and that the Secretary, 
after notice in the Federal Register and opportunity for public 
comment, shall concur with such certification if the Secretary 
determines that such certification is correct.
    Since the Secretary's approval of the Crow Plan, the Crow Tribe has 
conducted reclamation to correct or mitigate problems caused by past 
coal mining. The Crow Tribe has completed this reclamation in the order 
of priority

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set forth in section 403(a) of SMCRA. OSM acknowledges 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 
certification of completion.
    Based upon the Crow Tribe's May 29, 2007, certification and the 
absence of any known unreclaimed AML coal-related impacts, the Director 
of OSM, on behalf of the Secretary, concurs with the Crow Tribe's 
certification that all coal-related abandoned mine land problems have 
been abated or reclaimed, and finds that the Crow Tribe has satisfied 
the requirements of section 403 of SMCRA. If a coal problem occurs or 
is identified in the future, the Crow Tribe must reclaim the coal-
related problem. Concurrence with the Crow Tribe's certification of 
completion of coal reclamation means that the Crow Tribe may now 
utilize funds provided under Title IV of SMCRA in accordance with 
section 411 and its current plan.

IV. Summary and Disposition of Comments

Public Comments

    We asked for public comments on the certification, but did not 
receive any (Administrative Record No. OSM-2007-0019-0001).

Industry Group Comments

    On November 13, 2007, we received an e-mail from Westmoreland 
Resources. It is not aware of any unreclaimed coal mine lands or water 
under Crow jurisdiction and has no objection to the certification 
request (Administrative Record No. OSM-2007-0019-0003).

State Agency Comments

    Under 30 CFR 884.14(a)(2) and 884.15(a), we requested comments on 
the certification from various State and Federal agencies with an 
actual or potential interest in the Crow Plan (Administrative Record 
No. OSM-2007-0019-0009).
    On November 9, 2007, we received a letter from the Montana 
Historical Society stating that it has no information regarding the 
Crow Tribe's continuing reclamation responsibilities (Administrative 
Record No. OSM-2007-0019-0002).

Federal Agency Comments

    On November 21, 2007, we received a letter from the Bureau of 
Indian Affairs stating that it is unfamiliar with the total Crow 
Reservation and is turning to the Superintendent of the Crow Agency for 
assistance in notifying OSM of any coal mining impacts that have not 
been reclaimed (Administrative Record No. OSM-2007-0019-0005).
    On November 29, 2007, we received a letter from the U.S. Geological 
Survey stating that it has no comments on the Crow Tribe's requested 
certification of completion (Administrative Record No. OSM-2007-0019-
0004).
    On January 10, 2008, we received a letter from the Office of Indian 
Energy and Economic Development stating that it is not aware of any 
unreclaimed lands or water resources affected by coal mining prior to 
August 3, 1977, on the Crow Reservation (Administrative Record No. OSM-
2007-0019-0010).
    The comments listed above do not raise any concern or objection to 
the Crow Tribe's requested certification of completion. These comments 
do not require further response.

V. OSM's Decision

    Based on the above findings, we approve the Crow Tribe's May 29, 
2007, certification of completion.
    To implement this decision, we are amending the Federal regulations 
at 30 CFR 756.20, which codifies decisions concerning the Crow Plan. We 
find that good cause exists under 5 U.S.C. 553(d)(3) to make this final 
rule effective immediately. Section 405(d) of SMCRA requires that the 
Tribe have a program that is in compliance with the procedures, 
guidelines, and requirements established under the Act. Making this 
regulation effective immediately will expedite that process. SMCRA 
requires consistency of Tribal and Federal standards.

VI. Procedural Determinations

Executive Order 12630--Takings

    This rule does not have takings implications. It merely confirms a 
factual determination made by the Crow 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 Tribe, not by OSM. Decisions on proposed Tribal AMLR plans and 
revisions thereof submitted by a 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.

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 
use AMLR grant monies to implement a non-coal program under its current 
Plan. We have been in consultation with the Crow Tribe and have fully 
considered tribal views while developing this final rule.

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 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. 
3501 et seq.).

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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 rule applies only to the Crow tribe, and it simply confirms a 
factual determination made by the tribe.

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. 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, Tribal 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.
    This determination is based upon the fact that the rule merely 
confirms a factual determination made by the Crow tribe.

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 rule 
merely confirms a factual determination made by the Crow tribe.

List of Subjects in 30 CFR Part 756

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

    Dated: March 18, 2008.
Billie E. Clark Jr,
Acting Regional Director, Western Region.


0
For the reasons set out in the preamble, Title 30, Chapter VII, 
Subchapter E (Tribes) of the Code of Federal Regulations is amended as 
set forth below:

PART 756--INDIAN TRIBE ABANDONED MINE LAND RECLAMATION PROGRAMS

0
1. The authority citation for part 756 continues to read as follows:

    Authority: 30 U.S.C. 1201 et seq. and Pub. L. 100-71.


0
2. Section 756.20 is amended by adding paragraph (a) and adding and 
reserving paragraph (b) to read as follows:


Sec.  756.20  Approval of amendments to the Crow Tribe's abandoned mine 
land reclamation plan.

* * * * *
    (a) The Director concurs with the Crow Tribe's May 29, 2007, 
certification of completion of coal reclamation effective April 1, 
2008:

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                                        Date of final
Original amendment submission date       publication                        Citation/description
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May 29, 2007......................  April 1, 2008........  756.20 Certification of Completion.
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    (b) [Reserved]

 [FR Doc. E8-6692 Filed 3-31-08; 8:45 am]
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