[Federal Register Volume 89, Number 25 (Tuesday, February 6, 2024)]
[Rules and Regulations]
[Pages 8071-8074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01971]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 870

[Docket ID: OSM 2023-0010; S1D1S SS08011000 SX064A000 245S180110;S2D2S 
SS08011000 SX064A000 24XS501520]
RIN 1029-AC25


Acceptable Payment Methods

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

ACTION: Direct final rule.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement 
(OSMRE) is issuing this direct final rule to amend its regulations by 
reducing the threshold for electronic payment of quarterly Abandoned 
Mine Land (AML) reclamation fees from $25,000 to $500. On April 30, 
2024, the U.S. Department of the Treasury (Treasury) will close OSMRE's 
lockbox, which is used to process non-electronic reclamation fee 
payments. After April 15, 2024, quarterly reclamation fees of $500 or 
more must be paid by electronic transfer, while quarterly reclamation 
fees of less than $500 may be paid by electronic transfer or by check 
or money order sent to OSMRE's Division of Financial Management. By 
reducing the threshold for electronic payments, OSMRE will receive more 
payments through electronic funds transfer, which will expedite and 
streamline its fee collection efforts.

DATES: This direct final rule is effective April 15, 2024, without 
further notice, unless OSMRE receives significant adverse comment by 
March 7, 2024. If OSMRE receives a significant adverse comment that 
leads it to conclude that the rule is controversial, OSMRE will publish 
a timely withdrawal in the Federal Register.

ADDRESSES: Send written comments identified by docket number OSM-2023-
0010 or regulation identifier number (RIN) 1029-AC25 by the following 
method:
     Federal e-Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments to docket number OSM-
2023-0010.
     U.S. Postal Service or other mail delivery service: 
Address comments to Division of Regulatory Support, Office of Surface 
Mining Reclamation and Enforcement, Department of the Interior, Attn: 
James Tyree, 1849 C Street NW, Mail Stop 4557, Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: James Tyree, Chief, Division of 
Regulatory Support, (202) 208-4479, [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. Direct Final Rulemaking
III. Discussion
IV. Procedural Matters and Required Determinations

I. Background

    Title IV of the Surface Mining Control and Reclamation Act of 1977 
(SMCRA) (30 U.S.C. 1231-1244) created the Abandoned Mine Reclamation 
Fund, which is funded in part by a reclamation fee (also known as the 
Abandoned Mine Land (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. Section 402(b) of SMCRA (30 U.S.C. 1232(b)) requires coal mine 
operators and/or permittees to pay reclamation fees no later than 
thirty days after the end of each calendar quarter.
    OSMRE collects these fees from coal mine operators and/or 
permittees through electronic funds transfer and non-electronic 
payments. Currently, coal mine operators and/or permittees are required 
to send non-electronic fee payments to OSMRE's lockbox in Pittsburgh, 
Pennsylvania.
    In April 2018, Treasury's Bureau of the Fiscal Service published a 
white paper titled, ``The Future of Federal Financial Management,'' 
which outlined an initiative to transform Federal collections by, among 
other things, reducing revenue collection lockboxes and increasing 
digitization. Subsequently, OSMRE received notice from Treasury's 
General Lockbox Network (GLN) that it intended to close OSMRE's lockbox 
by September 30, 2023, as part of its effort to close all lockboxes 
functioning below a minimum item threshold of 1,000 items. (OSMRE's 
lockbox receives fewer than 400 items annually.) The GLN is a 
collection and processing service provided by certain financial 
institutions to help federal government agencies process paper checks 
and other remittance documents (not related to taxes) that are received 
through the mail. To allow time to amend its regulations, OSMRE 
requested a lockbox closure extension until April 30, 2024, which 
Treasury approved.
    OSMRE is promulgating this direct final rule pursuant to section 
413(a) of SMCRA (30 U.S.C. 1242(a)), which

[[Page 8072]]

authorizes the Secretary of the Interior to do all things necessary or 
expedient, including promulgation of rules and regulations, to 
implement and administer the provisions of SMCRA relating to abandoned 
mine reclamation.

II. Direct Final Rulemaking

    OSMRE is issuing this rule as a direct final rule. Although the 
Administrative Procedure Act (APA, 5 U.S.C. 551-559) generally requires 
agencies to engage in notice and comment rulemaking, section 553 of the 
APA provides an exception when the agency ``for good cause finds'' that 
notice and comment are ``impracticable, unnecessary, or contrary to the 
public interest.'' Id. 553(b)(B). OSMRE has determined that notice and 
comment are unnecessary because this rule is noncontroversial; of a 
minor, technical nature; involves little agency discretion; and is 
unlikely to receive any significant adverse comments. A significant 
adverse comment is one that explains: (1) why the rule is 
inappropriate, including challenges to the rule's underlying premise or 
approach; or (2) why the direct final rule will be ineffective or 
unacceptable without a change. If such a comment is received, this 
direct final rule will be withdrawn. If no such comment is received, 
this direct final rule will become effective on April 15, 2024, without 
further OSMRE action. A comment recommending an addition to the rule 
will not be considered significant and adverse unless the comment 
explains how this direct final rule would be ineffective without the 
addition.

III. Discussion

    OSMRE is amending 30 CFR 870.16 to: (1) reduce the threshold for 
electronic payment of quarterly AML fees; (2) update the instructions 
for remitting both electronic and non-electronic payment; and (3) 
remove paragraph (c).
    OSMRE is amending 30 CFR 870.16(a) and (b) to reduce the threshold 
for electronic payment of quarterly AML fees from $25,000 to $500. By 
reducing the threshold, OSMRE will receive more payments through 
electronic funds transfer, which will expedite and streamline its fee 
collection efforts and align with Treasury's initiative to transform 
Federal collections. However, coal mine operators and/or permittees who 
owe quarterly AML fees in an amount below the electronic payment 
threshold ($500) may still pay those fees using non-electronic methods.
    In addition, OSMRE is amending 30 CFR 870.16(a)(3) by updating the 
instructions for locating the Master Entity Number on the OSM-1 form to 
read ``Part 1-Block 3'' instead of ``Part 1-Block 4'' and by revising 
``on the wire message'' to read ``with the electronic payment.''
    OSMRE is also amending 30 CFR 870.16(b)(2) by removing the lockbox 
address and directing coal mine operators and/or permittees to send 
non-electronic payments to the address indicated in the ``Instructions 
for Completing the OSM-1 Form.'' Relying on the ``Instructions for 
Completing the OSM-1 Form'' to communicate the location where coal mine 
operators and/or permittees must send non-electronic reclamation fee 
payments will allow OSMRE to update the location for non-electronic 
payments in the future without requiring OSMRE to further amend its 
regulations.
    Finally, OSMRE is amending 30 CFR 870.16 by removing paragraph (c), 
which explains that payment of reclamation fees over the electronic 
payment threshold by any means other than electronic funds transfer is 
a violation of SMCRA. As SMCRA clearly requires that coal mine 
operators and/or permittees pay reclamation fees and the Federal 
regulations clearly prescribe how those fee payments must be made, 
paragraph (c) is unnecessary.

Who is impacted by this rulemaking?

    This direct final rule will impact coal mine operators and/or 
permittees who use non-electronic methods to pay the reclamation fees 
required under Title IV of SMCRA. However, ninety-eight percent (98%) 
of OSMRE's total collections are already paid through electronic fund 
transfer mechanisms. This direct final rule will not affect those 
operators and/or permittees.

Why is the effective date of the rule April 15, 2024?

    An effective date of April 15, 2024, will afford OSMRE the time 
necessary to deliver and process payments submitted to the lockbox 
before its closure on April 30, 2024.

What if I send a payment to the lockbox after April 15, 2024?

    OSMRE will continue to process payments submitted to the lockbox 
between April 15 and April 30, 2024. However, if you submit a payment 
to the lockbox after April 30, 2024, it will be returned to you, and 
you will be required to submit payment to the address indicated in the 
``Instructions for Completing the OSM-1 Form'' or through electronic 
funds transfer. If your reclamation fees are due and you fail to submit 
payment through either of the acceptable payment methods by the due 
date, your payment will be considered late and may be subject to one or 
more of the actions specified in 30 CFR 870.21.

IV. Procedural Matters and Required Determinations

Executive Order 12630--Governmental Actions and Interference With 
Constitutionally Protected Property Rights

    This rule does not result in a taking of private property or 
otherwise have regulatory takings implications under Executive Order 
12630. The rule primarily concerns a new dollar threshold for 
electronic payment of quarterly AML fees; therefore, the rule will not 
result in private property being taken for public use without just 
compensation. A takings implication assessment is not required.

Executive Order 12866--Regulatory Planning and Review, Executive Order 
13563--Improving Regulation and Regulatory Review and Executive Order 
14094--Modernizing Regulatory Review

    Executive Order 12866, as amended by Executive Order 14094, 
provides that the Office of Information and Regulatory Affairs (OIRA) 
in the Office of Management and Budget (OMB) will review all 
significant rules. OIRA has determined that this rule is not 
significant.
    Executive Order 13563 reaffirms the principles of Executive Order 
12866, as amended by Executive Order 14094, while calling for 
improvements in the Nation's regulatory system to promote 
predictability, reduce uncertainty, and 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 agencies must base regulations on the best available science and 
that the rulemaking process must allow for public participation and an 
open exchange of ideas. OSMRE developed this rule in a manner 
consistent with these requirements.

Executive Order 12988--Civil Justice Reform

    This direct final rule complies with the requirements of Executive 
Order 12988. Among other things, this rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and

[[Page 8073]]

ambiguity and be written to minimize litigation;
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Executive Order 13132--Federalism

    Under the criteria of section 1 of Executive Order 13132, this rule 
does not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement. This rule will 
not have substantial direct effects on the States, on the relationship 
between the National Government and the States, or on the distribution 
of power and responsibilities among the various levels of government. A 
federalism summary impact statement is not required.

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

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian tribes through a 
commitment to consultation with Tribes and recognition of their right 
to self-governance and Tribal sovereignty. OSMRE evaluated this direct 
final rule under Executive Order 13175 and the Department's and OSMRE's 
consultation policies and determined that it has no substantial direct 
effects on Federally recognized Indian tribes and that consultation 
under the Department's or OSMRE's Tribal consultation policies is not 
required. The rule merely revises OSMRE's regulations to be consistent 
with Treasury's Federal collections initiative and to remove 
unnecessary regulatory language.

Executive Order 13211--Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

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

National Environmental Policy Act

    This direct final 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 (NEPA, 
42 U.S.C. 4321 et seq.) is not required because this rule is covered by 
a categorical exclusion applicable to regulatory functions ``that are 
of an administrative, financial, legal, technical, or procedural 
nature.'' 43 CFR 46.210(i). In addition, OSMRE has determined that this 
rule does not involve any of the extraordinary circumstances listed in 
43 CFR 46.215 that would require further analysis under NEPA.

Paperwork Reduction Act

    This rule does not impose any new information collection burden 
under the Paperwork Reduction Act. OMB previously approved the 
information collection activities contained in the existing regulations 
and assigned OMB control number 1029-0063. This rule does not impose an 
information collection burden because OSMRE is not making any changes 
to the information collection requirements. During routine renewal of 
the information collection and before April 15, 2024, OSMRE will update 
the ``Instructions for Completing the OSM-1 Form'' to reflect (1) the 
new electronic payment threshold, and (2) the new mailing address for 
non-electronic payments. Additionally, as part of the renewal, OSMRE 
will update the ``OSM-1 Form'' and ``Amended OSM-1 Form'' to reflect 
the new mailing address for non-electronic payments.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA, 5 U.S.C. 601-612) 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. The RFA 
applies only to rules for which an agency is required to first publish 
a proposed rule. See 5 U.S.C. 603(a) and 604(a). As OSMRE is not 
required to publish a notice of proposed rulemaking for this direct 
final rule, the RFA does not apply.

Congressional Review Act

    This rule is not a major rule under the Congressional Review Act, 5 
U.S.C. 804(2). Specifically, the direct final 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 on 
the ability of United States-based enterprises to compete with foreign-
based enterprises in domestic and export markets.

Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
Tribal Governments, or the private sector, of more than $100 million 
per year. The rule does not have a significant or unique effect on 
State, local, or Tribal Governments, or the private sector. The rule 
merely revises OSMRE's regulations to reduce the threshold for 
electronic fee payment and to remove unnecessary regulatory language. 
Therefore, a statement containing the information required by the 
Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required.

List of Subjects in 30 CFR Part 870

    Abandoned Mine Reclamation Fund--Fee Collection and Coal Production 
Reporting.

Delegation of Signing Authority

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

Steven H. Feldgus,
Principal Deputy Assistant Secretary, Land and Minerals Management.

    For the reasons stated in the preamble, the Department of the 
Interior, acting through OSMRE, amends 30 CFR part 870 as follows:

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

0
1. The authority citation for part 870 continues 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.  870.16 by revising paragraphs (a) and (b) and removing 
paragraph (c) to read as follows:


Sec.  870.16  Acceptable payment methods.

    (a) If you owe total quarterly reclamation fees of $500 or more for 
one or more mines, you must:
    (1) Use an electronic fund transfer mechanism approved by the U.S. 
Department of the Treasury;
    (2) Forward payments by electronic transfer;
    (3) Include the applicable Master Entity No.(s) (Part 1-Block 3 on 
the OSM-1 Form), and OSM Document No.(s) (Part 1-upper right corner of 
the OSM-1 Form) with the electronic payment; and
    (4) Use our approved form or approved electronic form to report 
coal tonnage sold, used, or for which ownership was transferred to the 
address indicated in the Instructions for Completing the OSM-1 Form.

[[Page 8074]]

    (b) If you owe less than $500 in quarterly reclamation fees for one 
or more mines, you may:
    (1) Forward payments by electronic transfer in accordance with the 
procedures specified in paragraph (a) of this section; or
    (2) Submit a check or money order payable to the Office of Surface 
Mining Reclamation and Enforcement in the same envelope with the OSM-1 
Form to the address indicated in the Instructions for Completing the 
OSM-1 Form.

[FR Doc. 2024-01971 Filed 2-5-24; 8:45 am]
BILLING CODE 4310-05-P