[Federal Register Volume 59, Number 225 (Wednesday, November 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28937]
[[Page Unknown]]
[Federal Register: November 23, 1994]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 870
Abandoned Mine Reclamation Fund--Fee Collection and Coal
Production Reporting
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Notice of suspension.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
of the United States Department of the Interior (DOI) is suspending a
portion of its permanent program regulations found at 30 CFR 870.5
which defines the term Qualified hydrologic unit. This action is being
taken in order to assure that the language of this definition comports
with the language of Title IV of the Surface Mining Control and
Reclamation Act (SMCRA) of 1977, as amended by the Omnibus Budget
Reconciliation Act of 1990 (November 5, 1990) which included the
Abandoned Mine Reclamation Act of 1990, as amended, and by the Energy
Policy Act of 1992 (October 24, 1992).
EFFECTIVE DATE: November 23, 1994.
FOR FURTHER INFORMATION CONTACT:
Norman J. Hess, Office of Surface Mining Reclamation and Enforcement,
U.S. Department of the Interior, 1951 Constitution Avenue, N.W.,
Washington, DC 20240, Telephone: 202-208-2949.
SUPPLEMENTARY INFORMATION:
I. Background
II. Discussion of Definition Suspended
III. Procedural Matters
I. Background
The Abandoned Mine Land (AML) Reclamation Program was established
by SMCRA, Public Law 95-87, 30 U.S.C. 1201 et seq., in response to
concern over extensive environmental damage caused by past coal mining
activities. On October 25, 1978, OSM published final regulations
implementing an AML Reclamation Program incorporating the provisions of
Title IV of SMCRA. OSM published revisions to these regulations on June
30, 1982, in response to the Administration's request for regulatory
review. On November 5, 1990, the President signed into Law the Omnibus
Budget Reconciliation Act of 1990, Public Law 101-508, which included
the Abandoned Mine Reclamation Act of 1990, as amended. In addition to
extending the authority to collect reclamation fees, the amendments to
Title IV contained several significant provisions. OSM published
proposed rules at 56 FR 57376-57401 (November 8, 1991) implementing the
1990 amendments to Title IV of SMCRA and requested comments from the
public. On October 24, 1992, the President signed into law the Energy
Policy Act of 1992, Public Law 102-486. Included in this law were
several additional amendments to the AML Reclamation Program under
Title IV of SMCRA. These amendments were incorporated into the
rulemaking and the Abandoned Mine Land Reclamation Fund Reauthorization
Implementation final regulations were published at 59 FR 28136-28174
(May 31, 1994).
II. Discussion of Definition Suspended
The final rule noted above amended the definitions in Section 870.5
for ``eligible lands and water,'' and ``left or abandoned in either an
unreclaimed or inadequately reclaimed condition,'' and added new
definitions for ``mineral owner'' and ``qualified hydrologic unit.''
The new definitions updated these terms so that they would be
consistent with the recent amendments to SMCRA. The definitions reflect
additional eligibility for lands adversely affected by mining between
August 3, 1977 and November 5, 1990; for noncoal lands after
certification of the reclamation of all known coal problems; for water
projects; and finally for lands affected by qualifying operations.
The term Qualified hydrologic unit has been defined at Section
870.5 of the final regulation. Statutory language contained in SMCRA
Section 402(g)(7)(D) stipulates that a qualified hydrologic unit must
include lands and waters which are eligible pursuant to Section 404 and
include any of the first three priorities as stated in Section 403(a),
and (2) proposed to be the subject of expenditures by the State/Indian
tribe (from amounts available from the forfeiture of bonds required
under Section 509 or from other State/Indian tribe sources) to mitigate
acid mine drainage. In Section 870.5 of the regulation, OSM substituted
or for and thereby making both categories independently eligible for
funding. Concern has been raised as to whether the language of the
regulation is consistent with the language of the statute in that it
inappropriately broadens the definition beyond that allowed by the
statute. Due to this concern, the definition of Qualified hydrologic
unit contained in Section 870.5 of the regulations is suspended in so
far as it does not require a hydrologic unit to be both (1) eligible
pursuant to Section 404 and include any of the first three priorities
stated in Section 403(a), and (2) proposed to be the subject of
expenditures by the State (from amounts available from the forfeiture
of a bond required under Section 509 or from other State sources) to
mitigate acid mine drainage in order to be considered a qualified
hydrologic unit.
III. Procedural Matters
Federal Paperwork Reduction Act
This Notice of Suspension does not contain collections of
information which require approval by the Office of Management and
Budget under 44 U.S.C. 3501 et seq.
Executive Order 12866
This Notice of Suspension has been reviewed under Executive Order
12866.
Regulatory Flexibility Act
DOI has conducted an analysis of the underlying final regulations
published at 50 FR 28136-28174 (May 31, 1994) and determined, pursuant
to the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., that the final
rule will not have a significant economic impact on a substantial
number of small entities. The legislation enacted by Congress extends
an existing program, and the resulting costs to the regulated industry
and to consumers are not expected to vary from current levels. Further,
it has also been determined that this Notice of Suspension will have no
material effect on small business entities.
National Environmental Policy Act
The effect of the regulation being suspended by this Notice of
Suspension was included in an environmental assessment (EA) prepared by
OSM for the underlying final regulations. That EA made a finding that
the final regulations would not significantly effect the quality of the
human environment under Section 102(2)(C) of the National Environmental
Policy Act, 42 U.S.C. 4332(2)(C). The EA and finding of no significant
impact are on file in the OSM Administrative Record, room 660, 800 N.
Capitol St., NW., Washington, DC.
Author
The principal author of this Notice of Suspension is Norman J.
Hess, Division of Abandoned Mine Land Reclamation, Office of Surface
Mining Reclamation and Enforcement, U.S. Department of the Interior,
1951 Constitution Avenue NW., Washington, DC 20240; Telephone: 202-208-
2949.
List of Subjects
30 CFR Part 870
Reporting and recordkeeping requirements, Surface mining,
Underground mining.
Dated: October 28, 1994.
Bob Armstrong,
Assistant Secretary, Land and Minerals Management.
Accordingly, a portion of the definition of Qualified hydrologic
unit contained in 30 CFR 870.5 is suspended as set forth below:
PART 870--ABANDONED MINE RECLAMATION FUND--FEE COLLECTION AND COAL
PRODUCTION REPORTING
1. The authority citation for Part 870 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq., as amended; and P.L. 100-34.
Sec. 870.5 [Partially Suspended]
2. The definition of Qualified hydrologic unit contained in
Sec. 870.5 Definitions is suspended in so far as it does not require a
hydrologic unit to be both: (1) Eligible pursuant to Section 404 and
include any of the first three priorities stated in Section 403(a), and
(2) proposed to be the subject of expenditures by the State (from
amounts available from the forfeiture of a bond required under Section
509 or from other State sources) to mitigate acid mine drainage in
order to be considered a qualified hydrologic unit.
[FR Doc. 94-28937 Filed 11-22-94; 8:45 am]
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