[Federal Register Volume 73, Number 193 (Friday, October 3, 2008)]
[Rules and Regulations]
[Pages 57538-57541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23368]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 950

[SATS No. WY-036-FOR; Docket ID OSM-2008-0008]


Wyoming Abandoned Mine Land Reclamation Plan

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

ACTION: Final rule; approval of amendment.

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SUMMARY: We are approving an amendment to the Wyoming abandoned mine 
land reclamation (AMLR) plan (hereinafter referred to as the ``Wyoming 
plan'') under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA or the Act). Wyoming intended to revise its plan by submitting a 
revision to W.S. 35-11-1210 to correct an inadvertent error in the 
statute that was enacted during the 2007 Legislative Session. 
Specifically, the amendment clarifies that W.S. Sec.  35-11-1210 only 
applies to SMCRA section 411(h)(1) funds.

DATES: Effective Date: October 3, 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 Wyoming 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 Wyoming 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 February 14, 1983, the Secretary of the Interior approved 
Wyoming's AMLR Plan. You can find general background information on the 
Wyoming Plan, including the Secretary's findings and the disposition of 
comments, in the February 14, 1983, Federal Register (48 FR 6536). OSM 
announced in the May 25, 1984, Federal Register (49 FR 22139), the 
Director's decision accepting certification by Wyoming that it had 
addressed all known coal-related impacts in the State that were 
eligible for funding under the Wyoming Plan. Wyoming could then proceed 
in reclaiming low priority non-coal projects. The Director accepted 
Wyoming's proposal that it would seek immediate funding for reclamation 
of any additional coal-related problems that occur during the life of 
the Wyoming Plan. You can find later actions concerning Wyoming's Plan 
and plan amendments at 30 CFR 950.35.

II. Submission of the Proposed Amendment

    By letter dated March 21, 2008, Wyoming submitted a proposed

[[Page 57539]]

amendment to the Wyoming Reclamation Plan (Administrative Record 
Document ID OSM-2008-0008-0005). Wyoming submitted the amendment in 
response to a letter sent to the State dated January 18, 2008, from the 
Regional Director, Western Region of OSM (Administrative Record 
Document ID OSM-2008-0008-0007). Pursuant to 30 CFR 884.15(d), OSM 
directed Wyoming to resolve a statutory conflict regarding two accounts 
established to receive funds from the Federal government under the 
SMCRA program.
    Specifically, OSM stated it appears that Wyoming's new statute at 
W.S. Sec.  35-11-1210 conflicts with existing statute W.S. Sec.  35-11-
1203, which was established to receive funds to carry out the 
Reclamation Plan including coal reclamation. W.S. Sec.  35-11-1210 was 
passed in 2007 and established an account to receive funding under new 
Section 411(h) of SMCRA. These funds are not required to be spent on 
reclamation projects.
    Wyoming's proposed amendment clarifies that the account established 
by W.S. Sec.  35-11-1210 is solely for the purpose of receiving funds 
from the Federal government pursuant to SMCRA Section 411(h)(1) and 
that these funds are separate and in addition to funds distributed to 
the account established by W.S. Sec.  35-11-1203.
    We announced receipt of the proposed amendment in the June 2, 2008, 
Federal Register (73 FR 31392). In the same document, we opened the 
public comment period and provided an opportunity for a public hearing 
or meeting on the amendment's adequacy (Administrative Record Document 
ID No. OSM-2008-0008-0001). We did not hold a public hearing or meeting 
because no one requested one. The public comment period ended on July 
2, 2008. We received comments from two Federal agencies and one State 
entity.

III. OSM's Findings

    Following are the findings we made concerning the amendment under 
SMCRA and the Federal regulations at 30 CFR 884.14 and 884.15. We are 
approving the amendment.

A. Minor Revisions to Wyoming's Statutes and Plan Provisions

    In response to a letter dated January 18, 2008, from the Regional 
Director, Western Region of OSM and pursuant to 30 CFR 884.15(d), 
Wyoming proposes a minor editorial change to subparagraph (b) of newly-
created W.S. Sec.  35-11-1210 and its Reclamation Plan that is intended 
to provide clarification and correct an inadvertent error in the 
statutory amendment that was enacted during the 2007 Wyoming 
Legislative Session. Specifically, new statute W.S. Sec.  35-11-1210 
was passed in 2007 and established the Abandoned Mine Land Funds 
Reserve Account pursuant to Section 411(h) of the SMCRA Amendments of 
2006 that is not required to be spent on reclamation projects. 
Conversely, existing statute W.S. Sec.  35-11-1203 established an 
account to receive funds to carry out the State Reclamation Plan, 
including coal reclamation. OSM's concern, as stated in the January 18, 
2008 letter, was that establishment of these two funds creates a 
statutory conflict wherein funding of Wyoming's Reclamation Plan is not 
assured. Accordingly, OSM is seeking assurance that Wyoming will 
reclaim its remaining coal abandoned mine land problems.
    Wyoming's proposed amendment to subparagraph (b) clarifies that the 
account established by W.S. Sec.  35-11-1210 is established solely to 
receive funds from the Federal government pursuant to SMCRA amendments 
of 2006 to Section 411(h)(1) and that these funds are separate and in 
addition to funds distributed to the account established by W.S. Sec.  
35-11-1203, which remains in place to receive funds to carry out the 
State Reclamation Plan including coal reclamation. Wyoming had 
previously committed to spend a minimum of $30 million dollars per year 
on coal reclamation work until coal work is completed as a condition of 
OSM's payment to the State under SMCRA Section 411(h) in a letter dated 
February 4, 2007 (Administrative Record Document ID OSM-2008-0008-
0006).
    Wyoming's clarification and assurance that funds received through 
establishment of the Abandoned Mine Land Funds Reserve Account will not 
be commingled with monies received to carry out coal reclamation under 
the State Reclamation Plan is in accordance with section 405(h) of 
SMCRA, and addresses the programmatic concerns raised by OSM under 30 
CFR 884.15(d). For these reasons, we are approving Wyoming's proposed 
statutory amendment.

IV. Summary and Disposition of Comments

Public Comments

    We asked for public comments on the amendment (Administrative 
Record Document ID No. OSM-2008-0008-0008) and one comment was 
received.
    Specifically, the University of Wyoming submitted a comment in 
support of the amendment by stating that it is in agreement with the 
proposed change to Wyoming Statute W.S. 35-11-1210 (Administrative 
Record Document ID No. OSM-2008-0008-0004).

Federal Agency Comments

    Under 30 CFR 884.14(a)(2) and 884.15(a), we requested comments on 
the amendment from various Federal agencies with an actual or potential 
interest in the State plan (Administrative Record Document ID No. OSM-
2008-0008-0008). We received comments from two Federal Agencies.
    The Bureau of Reclamation (BOR) commented in an April 17, 2008 
letter (Administrative Record Document ID No. OSM-2008-0008-0003), and 
the Bureau of Land Management (BLM) commented in a May 2, 2008 letter 
(Administrative Record Document ID No. OSM-2008-0008-0002).
    The BOR indicated that it did not have comments on the proposed 
amendment.
    The BLM commented that although it recognizes that OSM's priority 
under the 2006 Amendments [to SMCRA] is to fund reclamation of coal 
mines, it also wants to ensure that enough money is available to fund 
reclamation of non-coal abandoned mines on BLM lands. The BLM goes on 
to explain that work on many of these projects may be mothballed due to 
the requirements to finish the coal sites first, and notes that it is 
unclear whether these non-coal sites will be able to obtain SMCRA 
funding in the future. Lastly, the BLM states its wish to ensure that 
the State Legislature and OSM consider its needs when fund requests for 
grants to use monies in the Abandoned Mine Reclamation Fund are 
submitted.
    In response, OSM agrees that there are hard rock abandoned mine 
land problems in Wyoming and we acknowledge that they present both 
health and safety concerns. Unfortunately, OSM can't provide assurance 
to the BLM that the Wyoming AML Program will continue to reclaim 
abandoned hard rock mine problems with funds the State receives under 
the 2006 Amendments to SMCRA. Specifically, it is solely up to the 
Wyoming Legislature to determine if it wants to fund reclamation of 
abandoned hard rock mine problems as part of giving priority to 
addressing impacts of mineral development with funds the State receives 
under Section 411(h)(1) of SMCRA.

V. OSM's Decision

    Based on the above finding, we approve Wyoming's proposed amendment 
submitted on March 21, 2008.

[[Page 57540]]

    To implement this decision, we are amending the Federal regulations 
at 30 CFR Part 950, which codify decisions concerning the State 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 State have a program that is in compliance with the procedures, 
guidelines, and requirements established under the Act. Making this 
regulation effectively immediately will expedite that process. SMCRA 
requires consistency of Wyoming 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 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 (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 Wyoming's AMLR plans and 
revisions thereof because each plan is drafted and promulgated by a 
specific State, not by OSM. Decisions on proposed State AMLR plans and 
revisions thereof submitted by a State 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 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. 
The rule does not involve or affect Indian Tribes in any way.

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 because 
agency decisions on proposed State 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(B)(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 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), 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, 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 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 950

    Abandoned mine reclamation programs, Intergovernmental relations, 
Surface mining, Underground mining.

    Dated: September 11, 2008.
Allen D. Klein,
Director, Western Region.

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

PART 950--STATE ABANDONED MINE LAND RECLAMATION PROGRAMS

0
1. The authority citation for part 950 continues to read as follows:

    Authority: 30 U.S.C. 1201 et seq.

[[Page 57541]]


0
2. Section 950.35 is amended in the table by adding a new entry in 
chronological order by ``Date of Final Publication'' to read as 
follows:


Sec.  950.35  Approval of Wyoming abandoned mine land reclamation plan 
amendments.

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  Original amendment submission date       Date of final publication              Citation/description
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                                                  * * * * * * *
March 21, 2008........................  October 3, 2008...............  Wyoming Statute (W.S.) Sec.   35-11-
                                                                         1210(b)
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[FR Doc. E8-23368 Filed 10-2-08; 8:45 am]
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