[Federal Register Volume 87, Number 163 (Wednesday, August 24, 2022)]
[Rules and Regulations]
[Pages 51904-51908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17676]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Parts 870 and 872

[Docket ID: OSM 2021-0008; S1D1S SS08011000 SX064A000 221S180110; S2D2S 
SS08011000 SX064A000 22XS501520]
RIN 1029-AC83


Abandoned Mine Land Reclamation Fee

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

ACTION: Final rule.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE), and the Department of the Interior are adopting as final the 
interim final rule published on January 14, 2022, making amendments to 
the departmental regulations governing the Abandoned Mine Reclamation 
Fund (AML Fund) to be consistent with the Infrastructure Investment and 
Jobs Act (IIJA), which included the Abandoned Mine Land Reclamation 
Amendments of 2021 (the 2021 amendments). The final rule adopts the 
changes to the regulations reflecting the extension of our statutory 
authority to collect reclamation fees for an additional 13 years and 
the 20 percent reduction in fee rates. In addition, the final rule 
adopts the changes to the regulations reflecting the statutory 
extension of the dates when moneys derived from these fees will be 
available for distribution to eligible States and Tribes as grants. The 
final rule adopts the interim final rule with two revisions to correct 
grammatical errors. The final rule also corrects two additional 
grammatical errors in the regulations which were unaffected by the 
interim final rule.

DATES: Effective August 24, 2022.

FOR FURTHER INFORMATION CONTACT: Harry Payne, Office of Surface Mining 
Reclamation and Enforcement, 1849 C Street NW, Mail Stop 4558, 
Washington, DC 20240; Telephone (202) 208-5683. Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
    A. How did the reclamation fee work before the 2021 amendments?
    B. How did the 2021 amendments change the reclamation fee and 
the annual AML grant distributions?
II. Overview of the Interim Final Rule and Comments
    A. How does the rule operate?
    B. Discussion of Comments
III. Summary of the Final Rule
IV. Procedural Matters
    A. Administrative Procedure Act
    B. Congressional Review Act
    C. Regulatory Planning and Review (Executive Orders 12866 and 
13563)
    D. Regulatory Flexibility Act
    E. Small Business Regulatory Enforcement Fairness Act
    F. Unfunded Mandates Reform Act
    G. Takings (Executive Order 12630)
    H. Federalism (Executive Order 13132)
    I. Civil Justice Reform (Executive Order 12988)
    J. Consultation With Indian Tribes (Executive Order 13175 and 
Departmental Policy)
    K. Paperwork Reduction Act
    L. National Environmental Policy Act
    M. Effects on Energy Supply, Distribution, and Use (Executive 
Order 13211)
    N. Clarity of This Regulation
    O. Data Quality Act
    P. National Technology Transfer and Advancement Act
    Q. Protection of Children From Environmental Health Risks and 
Safety Risks (Executive Order 13045)

I. Background

A. How did the reclamation fee work before the 2021 amendments?

    Title IV of the Surface Mining Control and Reclamation Act of 1977 
(SMCRA) created the AML Fund, which is funded primarily by a 
reclamation fee (also known as the AML fee) assessed on each ton of 
coal produced in the United States and that, among other things, 
provides funding to eligible States and Tribes for the reclamation of 
coal mining sites abandoned or left in an inadequate reclamation status 
as of August 3, 1977. As originally enacted, section 402(a) of SMCRA 
set the reclamation fee at 35 cents per ton (or 10 percent of the value 
of the coal, whichever was less) for coal other than lignite produced 
by surface mining methods, 15 cents per ton (or 10 percent of the value 
of the coal, whichever was less) for coal other than lignite produced 
from underground mines, and 10 cents per ton (or 2 percent of the value 
of the coal, whichever was less) for lignite. Section 402(b) of SMCRA 
first authorized collection of reclamation fees for 15 years following 
the date of SMCRA's enactment (August 3, 1977). Subsequently, the 
Omnibus Budget Reconciliation Act of 1990 (Pub. L. 101-508, 104 Stat. 
1388, section 6003(a)) extended our fee collection authority through 
September 30, 1995, followed by the Energy Policy Act of 1992 (Pub. L. 
102-486, 106 Stat. 2776, 3056, section 19143(b)(1) of Title XIX), which 
extended our fee collection authority through September 30, 2004. A 
series of short interim extensions in appropriations and other acts 
further extended our fee collection authority through September 30, 
2007.
    The Surface Mining Control and Reclamation Act Amendments of 2006 
(the 2006 amendments) were signed into law on December 20, 2006, as 
part of the Tax Relief and Health Care Act of 2006 (Pub. L. 109-432, 
120 Stat. 2922). The 2006 amendments extended our fee collection 
authority under section 402(b) through September 30, 2021, and reduced 
the reclamation fee rates in section 402(a) by 10 percent for the 
period from October 1, 2007, through September 30, 2012, and an 
additional 10 percent from the original levels for the period from 
October 1, 2012, through September 30, 2021. Therefore, the fee rates 
from October 1, 2012, through September 30, 2021, required coal mine 
operators to pay 28 cents per ton (or 10 percent of the value of the 
coal, whichever was less) for coal other than lignite produced by 
surface mining methods, 12 cents per ton (or 10 percent of the value of 
the coal, whichever was less) for coal other than lignite produced from 
underground mines, and 8 cents per ton (or 2 percent of the value of 
the coal, whichever was less) for lignite. OSMRE notified operators in 
writing of the change in fee rates resulting from the 2006 amendments 
in January and September 2007. 73 FR 67576, 67578. On November 14, 
2008, the Department promulgated final regulations at 30 CFR parts 870 
and 872 to codify these changes and other revisions made by the 2006 
amendments (73 FR 67576).

B. How did the 2021 amendments change the reclamation fee and the 
annual AML grant distributions?

    The 2021 amendments, signed into law on November 15, 2021, as part 
of the Infrastructure Investment and Jobs Act (Pub. L. 117-58, 135 
Stat. 429), commonly known as the Bipartisan Infrastructure Law (BIL), 
extended our fee collection authority under section 402(b) through 
September 30, 2034, and reduced reclamation fee rates in section 402(a) 
by 20 percent from the prior rates. Therefore, for the calendar quarter 
beginning October 1, 2021, the current rates require operators to pay 
22.4 cents per ton (or 10 percent of the value of the coal, whichever 
is less) for coal other than lignite produced by surface mining

[[Page 51905]]

methods, 9.6 cents per ton (or 10 percent of the value of the coal, 
whichever is less) for coal other than lignite produced from 
underground mines, and 6.4 cents per ton (or 2 percent of the value of 
the coal, whichever is less) for lignite.
    In addition, the 2021 amendments extended the current annual AML 
grant distributions to both uncertified and certified States and 
Tribes. (A State or Tribe ``certifies'' under section 411(a) of SMCRA 
(30 U.S.C. 1240a) when it has completed all known coal AML priorities.) 
Specifically, the 2021 amendments revised section 401(f)(2) of SMCRA to 
extend the annual grant distributions from the AML Fund to eligible 
uncertified States and Tribes by 13 years. The extension of our fee 
collection authority in section 402(b) also effectively extended the 
AML grant distributions from general Treasury funds (i.e., certified in 
lieu funds) to certified States and Tribes by 13 years, as provided in 
sections 402(i)(2) and 411(h)(2) of SMCRA (30 U.S.C. 1232(i)(2) and 
1240a(h)(2)).
    While we consider the 2021 amendments to be self-executing, some of 
our regulations were inconsistent with these provisions. To provide 
consistency between our regulations and the 2021 amendments and to 
clarify that fee collections continue without interruption at the 
reduced rates and that annual AML grant distributions to eligible 
States and Tribes based on fee collections continue using the formula 
described in sections 401(f) and 402(i)(2) of SMCRA, we published an 
interim final rule, effective upon publication, that revised 30 CFR 
parts 870 and 872 to reflect the reduction in reclamation fee rates and 
the extension of our fee collection authority and annual AML grant 
distributions (87 FR 2341 (January 14, 2022)). We are finalizing that 
rule in this document.

II. Overview of the Interim Final Rule and Comments

A. Overview of the Interim Final Rule

    The interim final rule revised the Department's regulations to be 
consistent with the 2021 amendments, which extend our statutory 
authority to collect reclamation fees for an additional 13 years, 
reduce reclamation fee rates, and extend the dates when annual grant 
funding will be available to eligible States and Tribes. Similar to the 
proposed rule for the 2006 SMCRA amendments, the interim final rule 
retained certain expired fee rates at 30 CFR 870.13 for historical 
purposes and for use in future audits of production from the years in 
which those rates applied. See 73 FR 35214, 35219 (June 20, 2008). The 
interim final rule also made a clarifying change to the introductory 
text of 30 CFR 872.27(a)(2) by removing reference to Federal fiscal 
years 2007 through 2022.

B. Discussion of Comments

    Summary. OSMRE received two comments on the interim final rule, 
neither of which was specific to the rule language. One commenter 
recommended that ``taxpayers not fund reclamation costs or fees'' and 
suggested that other individuals benefiting from a mine should be 
responsible for reclamation. Another commenter similarly recommended 
that ``no tax dollars be used to reclaim damages done by any private, 
or commercial enterprise on public lands'' and suggested additional 
enforcement measures for tax crimes.
    Response. Pursuant to SMCRA, all current coal mine operators are 
required to pay a reclamation fee on every ton of coal produced in the 
United States. These fees are deposited into the AML Fund and primarily 
used to provide grants to eligible States and Tribes for the 
reclamation of lands and waters that were mined for coal and abandoned 
or left in an inadequate reclamation status before August 3, 1977. 
These lands are characterized as ``abandoned'' because they were 
unreclaimed or inadequately reclaimed before the enactment of SMCRA, 
which was the first Federal law that required coal mine operators to 
restore lands and waters affected by mining practices. In addition, 
before States and Tribes can use AML moneys to reclaim a specific 
property, that State or Tribe must first make a determination that 
``there is no continuing reclamation responsibility [for that property] 
under State or other Federal laws.'' Furthermore, if the property to be 
reclaimed is owned by someone who consented to, participated in, or 
exercised control over the mining operation that necessitated the 
reclamation, that property may be subject to a lien if there is a 
significant increase in the property value subsequent to reclamation. 
Thus, SMCRA ensures that no Federal funds will be used for reclamation 
of abandoned mine lands unless there is no continuing reclamation 
responsibility for those lands under State or Federal laws, and, even 
if there is no continuing reclamation responsibility, a property owner 
who consented to, participated in, or exercised control over the mining 
operation that necessitated the reclamation may not profit from the 
federally funded reclamation project. The 2021 amendments did not alter 
these requirements and safeguards, they only extended our authority to 
collect reclamation fees, reduced reclamation fee rates by 20 percent, 
and extended annual AML grant distributions. Likewise, the interim 
final rule and this final rule simply revise the regulations to be 
consistent with the 2021 amendments and do not alter the requirement 
that the coal industry internalize the cost of AML reclamation.

III. Summary of the Final Rule

    For the reasons discussed above and as provided in the interim 
final rule, OSMRE is adopting as final the interim final rule with two 
revisions to correct grammatical errors. Section 870.13(b) of the 
interim final rule incorrectly expressed the acronym for British 
Thermal Units as ``Btu's'' rather than ``Btus.'' This rule corrects 
those grammatical errors in the regulations by replacing ``Btu's'' with 
``Btus.'' This rule also corrects two additional grammatical errors in 
30 CFR 870.13(a) by replacing ``Btu's'' with ``Btus.''

IV. Procedural Matters

A. Administrative Procedure Act

    The Administrative Procedure Act (APA) generally requires that a 
final rule must be published in the Federal Register no less than 30 
days before its effective date except for (1) substantive rules, which 
grant or recognize an exemption or relieve a restriction; (2) 
interpretive rules and statements of policy; or (3) as otherwise 
provided by the agency for good cause. 5 U.S.C. 553(d). As described 
below, OSMRE finds good cause to publish this rule with an immediate 
effective date.
    The APA's legislative history indicates that the purpose of the 30-
day publication requirement is to ``afford persons affected a 
reasonable time to prepare for the effective date of a rule or rules or 
to take any other action which the issuance of the rules may prompt.'' 
S. Rep. No. 79-752, at 201 (1945). However, the final rule merely 
revises the regulations to be consistent with the requirements of the 
BIL, which President Biden signed into law on November 15, 2021; thus, 
coal mine operators have had more than six months to prepare for the 
extension of our fee collection authority and commensurate reduction in 
reclamation fee rates, well in excess of the traditional 30-day 
requirement. Furthermore, the BIL did not create any new requirements 
with which coal mine operators must comply; both the requirement that 
coal mine operators pay a reclamation fee and our authority

[[Page 51906]]

to collect the fee have existed since August 3, 1977, when SMCRA was 
enacted. Consequently, any impact on coal mine operators from the 
extension of our fee collection authority or the reduction in fee rates 
should be minimal. Finally, it is in the public interest for the final 
rule to be effective immediately because it revises out-of-date 
regulations to conform with the changes made by the 2021 amendments. 
These changes provide clarity and avoid the confusion that might 
otherwise result from stale regulatory provisions that are inconsistent 
with current law. The concurrent extension of our fee collection 
authority and reduction in reclamation fee rates, if not clearly 
understood by coal mine operators, could result in delayed payment of 
reclamation fees, which could subject operators to late payment 
penalties and potentially affect annual AML grant distributions to 
States and Tribes (30 U.S.C. 1231(f) and 1232(i)(2)) or estimated 
interest payments to the United Mine Workers of America (UMWA) Health 
and Retirement Funds' health care plans (30 U.S.C. 1232(h)). 
Conversely, confusion over reclamation fee rates could also result in 
overpayments based on the previous, higher reclamation fee rate, which 
may require OSMRE to process refunds and reduce administrative 
efficiency. For these reasons, we are availing ourselves of the good 
cause exemption at 5 U.S.C. 553(d)(3).
    In addition, pursuant to 5 U.S.C. 553(b)(3)(B), an agency may waive 
the prior notice and public comment requirements if it finds, for good 
cause, that the requirements are impracticable, unnecessary, or 
contrary to the public interest. We are availing ourselves of the good 
cause exemption at 5 U.S.C. 553(b)(3)(B) to correct two grammatical 
errors in 30 CFR 870.13(a) that were the result of an earlier 
rulemaking and unaffected by the interim final rule. This is a 
ministerial action that will have no substantive impact on regulated 
entities or the public. For that reason, we do not anticipate receiving 
meaningful comments on a proposal to correct these grammatical errors 
and find good cause to forgo notice and an opportunity for public 
comment.

B. Congressional Review Act

    Pursuant to the Congressional Review Act, 5 U.S.C. 801 et seq., the 
Office of Information and Regulatory Affairs (OIRA) within the Office 
of Management and Budget (OMB) has determined that this rulemaking is 
not a major rulemaking, as defined by 5 U.S.C. 804(2), because this 
rulemaking has not resulted in, and is unlikely to result in: (1) an 
annual effect on the economy of $100,000,000 or more; (2) a major 
increase in costs or prices for consumers, individual industries, 
Federal, State, or local government, or geographic regions; or (3) 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or on the ability of United States-based 
enterprises to compete with foreign-based enterprises in domestic and 
export markets.
    As noted above, this rulemaking implements the 2021 amendments to 
SMCRA, which extended our fee collection authority for an additional 13 
years, reduced reclamation fee rates by 20 percent, and extended annual 
AML grant distributions. Although OSMRE typically collects more than 
$100 million in reclamation fees annually and distributes over $100 
million in annual AML grants to eligible States and Tribes, the 
reduction in fee collections resulting from the 20 percent reduction in 
reclamation fee rates is anticipated to be less than $100 million a 
year when compared to the fees collected and grants distributed in the 
fiscal years since fiscal year 2013, when the fee rate last changed. 
And because the 2021 amendments are self-executing, any effects come 
not from requirements imposed by this rule but rather from the 
extension of our traditional AML grant program and fee collection 
authority, and concurrent reduction in reclamation fee rates by 
Congress. As a result, this rule is not considered a major rulemaking.

C. Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that OIRA will review all 
significant rules before they are issued. Because this final rule 
merely reflects the 2021 amendments to SMCRA, which extended our fee 
collection authority for an additional 13 years, reduced reclamation 
fee rates by 20 percent, and extended annual AML grant distributions, 
OIRA has concluded that this rulemaking is not a significant regulatory 
action under Executive Order 12866. Pursuant to Executive Order 12866, 
an action is a ``significant regulatory action'' if it is likely to 
result in a rule that may: (1) have an annual effect on the economy of 
$100 million or more or have a material adverse effect on the economy, 
a sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities; (2) create a serious inconsistency or 
interfere with planned or actual action taken by another agency; (3) 
materially alter the budgetary impact of entitlements, grants, user 
fees, or loan programs or the rights and obligations of recipients 
thereof; or (4) raise novel legal or policy issues that are the result 
of legal mandates, the President's priorities, or the principles set 
forth in the Executive order.
    Although the reclamation fees collected and AML grants distributed 
typically exceed $100 million annually, this final rule is implementing 
only the 2021 amendments' continuation of an existing program mandated 
by Congress for an additional 13 years and is therefore not a change 
with a significant monetary impact. In addition, because the 
administrative and procedural provisions of this rule would reflect an 
annual impact of less than $100 million, it is not significant under 
Executive Order 12866. Furthermore, as OSMRE has collected reclamation 
fees and distributed annual AML grants for more than four decades, the 
agency is not aware of any inconsistencies with other agency actions or 
novel legal or policy issues that could arise as a result of the 
reauthorization of the reclamation fee and the extension of AML grants.
    Executive Order 13563 reaffirms the principles of Executive Order 
12866 while calling for improvements in the Nation's regulatory system 
to promote predictability, to reduce uncertainty, and to use the best, 
most innovative, and least burdensome tools for achieving regulatory 
ends. Executive Order 13563 directs agencies to consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public where these approaches are relevant, feasible, 
and consistent with regulatory objectives. Executive Order 13563 
emphasizes further that regulations must be based on the best available 
science and that the rulemaking process must allow for public 
participation and an open exchange of ideas. We have developed this 
rule in a manner consistent with these requirements, to the extent 
permitted by statute.

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), which requires an agency to 
prepare a regulatory flexibility analysis for all rules, unless the 
agency certifies that the rule will not have a significant economic 
impact on a substantial number of small entities, applies only where an 
agency is required to publish a general notice of proposed rulemaking 
for any proposed rule. See 5 U.S.C. 601(2), 603(a), and 604(a). As 
OSMRE was not required to publish a notice of proposed rulemaking 
associated with

[[Page 51907]]

the interim final rule or this final rule, the RFA does not apply.

E. 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. As explained in section 
III.A. above, this rule:
    (a) will not have an annual effect on the economy of $100 million 
or more;
    (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) will not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
United States-based enterprises to compete with foreign-based 
enterprises.

F. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (UMRA) requires that, 
before promulgating any general notice of proposed rulemaking that is 
likely to result in promulgation of any rule that may result in the 
expenditure by a State, Tribal, or local government, in the aggregate, 
or by the private sector of $100 million, adjusted annually for 
inflation, in any 1 year, an agency must prepare a written statement 
that assesses the effects on State, Tribal, and local governments and 
the private sector. See 2 U.S.C. 1532(a). However, the UMRA does not 
apply to final rules for which a general notice of proposed rulemaking 
was not published. As OSMRE was not required to publish a notice of 
proposed rulemaking for the interim final rule or this final rule, the 
UMRA does not apply.

G. Takings (Executive Order 12630)

    This rule does not effect a taking of private property or otherwise 
have takings implications under Executive Order 12630. A takings 
implication assessment is not required.

H. Federalism (Executive Order 13132)

    Under the criteria in section 1 of Executive Order 13132, this rule 
does not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement. A federalism 
summary impact statement is not required.

I. Civil Justice Reform (Executive Order 12988)

    This rule complies with the requirements of Executive Order 12988. 
Specifically, this rule:
    (a) meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

J. Consultation With Indian Tribes (Executive Order 13175 and 
Departmental Policy)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Tribes through a commitment 
to consultation with Tribes and recognition of their right to self-
governance and Tribal sovereignty. We have evaluated this rule under 
the Department's consultation policy; Departmental Manual Part 512, 
Chapters 4 and 5; and Executive Order 13175 and have determined that it 
has no substantial direct effects on federally-recognized Tribes or 
Alaska Native Claims Settlement Act (ANCSA) Corporations, and that 
consultation under the Department's Tribal consultation policy is not 
required. OSMRE has conducted informal listening sessions with eligible 
Tribes to provide an overview of the BIL as it relates to the AML 
program. OSMRE is committed to communication and coordination and will 
continue engagement strategies as needed to keep Tribes informed of the 
requirements of the program.

K. Paperwork Reduction Act

    In accordance with the requirements of the Paperwork Reduction Act 
(PRA), OSMRE may not conduct or sponsor, and you are not required to 
respond to, a collection of information unless it displays a currently 
valid OMB control number. OSMRE has reviewed this final rule and 
determined that it does not introduce any new or revised collections of 
information under the PRA. Therefore, no submission to OMB is required.

L. National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 (NEPA) is not 
required because this rule is covered by a categorical exclusion. This 
rule is excluded from the requirement to prepare a detailed statement 
because it is a regulation of both an administrative and financial 
nature. See 43 CFR 46.210(i). In addition, any environmental effects 
resulting from this rulemaking as a whole are too broad, speculative, 
and conjectural because the nature of AML problems vary, occur in 
numerous locations throughout the country, and will be reclaimed at 
different times, and because each project completed with these funds is 
subject to NEPA review closer to the time that the project is 
undertaken. Id. We have also determined that the rule does not involve 
any of the extraordinary circumstances listed in 43 CFR 46.215 that 
would require further analysis under NEPA.

M. Effects on Energy Supply, Distribution, and Use (Executive Order 
13211)

    This rule is not a significant energy action as defined in 
Executive Order 13211. A Statement of Energy Effects is not required.

N. Clarity of This Regulation

    We are required by Executive Orders 12866 (section 1(b)(12)), 12988 
(section 3(b)(1)(B)), and 13563 (section 1(a)), and by the Presidential 
Memorandum of June 1, 1998, to write all rules in plain language. This 
means that each rule we publish must:
    (a) be logically organized;
    (b) use the active voice to address readers directly;
    (c) use common, everyday words and clear language rather than 
jargon;
    (d) be divided into short sections and sentences; and
    (e) use lists and tables wherever possible.
    If you believe that we have not met these requirements in issuing 
this final rule, please contact the individual listed in the FOR 
FURTHER INFORMATION CONTACT section. Your comments should be as 
specific as possible in order to help us determine whether any future 
revisions to the rule are necessary. For example, you should identify 
the numbers of the sections or paragraphs that you find unclear, which 
sections or sentences are too long, the sections where you feel lists 
or tables would be useful, etc.

O. Data Quality Act

    In developing this rule, we did not conduct or use a study, 
experiment, or survey requiring peer review under the Data Quality Act 
(Pub. L. 106-554).

P. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) (15 U.S.C. 3701 note et seq.) directs Federal agencies to 
use voluntary consensus standards when implementing regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise

[[Page 51908]]

impractical. This final rule is not subject to the requirements of 
section 12(d) of the NTTAA because application of those requirements 
would be inconsistent with SMCRA, and the requirements would not be 
applicable to this final rulemaking.

Q. Protection of Children From Environmental Health Risks and Safety 
Risks (Executive Order 13045)

    Executive Order 13045 requires that environmental and related rules 
separately evaluate the potential impact to children. However, 
Executive Order 13045 is inapplicable to this rulemaking because this 
is not a substantive rulemaking and a notice of proposed rulemaking was 
neither required nor prepared. See section 2-202 and 5-501 of Executive 
Order 13045.

List of Subjects

30 CFR Part 870

    Abandoned Mine Reclamation Fund, Fee collection and coal production 
reporting, Reporting and recordkeeping requirements, Surface mining.

30 CFR Part 872

    Indians--land, Moneys available to eligible States and Indian 
tribes.

Delegation of Signing Authority

    The action taken herein is pursuant to an existing delegation of 
authority.

Laura Daniel-Davis,
Principal Deputy Assistant Secretary, Land and Minerals Management.
    For the reasons given in the preamble, the Department of the 
Interior adopts the interim rule amending 30 CFR parts 870 and 872, 
which was published at 87 FR 2341 on January 14, 2022, as final with 
the following changes:

PART 870--ABANDONED MINE RECLAMATION FUND--FEE COLLECTION AND COAL 
PRODUCTION REPORTING

0
1. The authority citation at part 870 is revised to read as follows:

    Authority: 28 U.S.C. 1746, 30 U.S.C. 1201 et seq., and Pub. L. 
105-277, 112 Stat. 2681.

0
2. Amend Sec.  870.13 by revising paragraph (a)(4) and (5) and (b)(4) 
and (5) to read as follows:


Sec.  870.13   Fee rates.

    (a) * * *

------------------------------------------------------------------------
          Type of fee              Type of coal        Amount of fee
------------------------------------------------------------------------
 
                              * * * * * * *
(4) In situ coal mining fee...  All types other    12 cents per ton
                                 than lignite.      based on Btus per
                                                    ton in place equated
                                                    to the gas produced
                                                    at the site as
                                                    certified through
                                                    analysis by an
                                                    independent
                                                    laboratory.
(5) In situ coal mining fee...  Lignite..........  8 cents per ton based
                                                    on the Btus per ton
                                                    of coal in place
                                                    equated to the gas
                                                    produced at the site
                                                    as certified through
                                                    analysis by an
                                                    independent
                                                    laboratory.
------------------------------------------------------------------------

    (b) * * *

------------------------------------------------------------------------
          Type of fee              Type of coal        Amount of fee
------------------------------------------------------------------------
 
                              * * * * * * *
(4) In situ coal mining fee...  All types other    9.6 cents per ton
                                 than lignite.      based on Btus per
                                                    ton in place equated
                                                    to the gas produced
                                                    at the site as
                                                    certified through
                                                    analysis by an
                                                    independent
                                                    laboratory.
(5) In situ coal mining fee...  Lignite..........  6.4 cents per ton
                                                    based on the Btus
                                                    per ton of coal in
                                                    place equated to the
                                                    gas produced at the
                                                    site as certified
                                                    through analysis by
                                                    an independent
                                                    laboratory.
------------------------------------------------------------------------

[FR Doc. 2022-17676 Filed 8-23-22; 8:45 am]
BILLING CODE 4310-05-P