[Federal Register Volume 59, Number 238 (Tuesday, December 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30505]
[[Page Unknown]]
[Federal Register: December 13, 1994]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 925
Missouri Abandoned Mine Lands Reclamation Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: OSM is announcing the receipt of a proposed amendment to the
Missouri Abandoned Mine Lands (AML) State Reclamation Plan
(hereinafter, the ``Missouri Plan'') under the Surface Mining Control
and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of
changes to Missouri statute, regulations, and reclamation plan
provisions of the AML program pertaining to powers of the commission,
AML reclamation fund, AML reclamation general requirements,
identification and establishment of reclamation priority of sites,
elimination of selected priority sites, project evaluation and ranking,
and purchasing and procurement. The amendment is intended to revise the
State AML Plan to be consistent with the corresponding Federal
standards, clarify ambiguities, and improve operational efficiency.
This notice sets forth the times and locations that the Missouri
AML Plan and proposed amendment to that Plan are available for public
inspection, the comment period during which interested persons may
submit written comments on the proposed amendment, and procedures that
will be followed regarding the public hearing, if one is requested.
DATES: Written comments must be received by 4:00 p.m., c.s.t. January
12, 1995. If requested, a public hearing on the proposed amendment will
be held on January 9, 1995. Requests to present oral testimony at the
hearing must be received by 4:00 p.m., c.s.t. on December 28, 1994.
ADDRESSES: Written comments should be mailed or hand delivered to
Michael C. Wolfrom at the address listed below.
Copies of the Missouri AML Plan, the proposed amendment, and all
written comments received in response to this notice will be available
for public review at the addresses listed below during normal business
hours, Monday through Friday, excluding holidays. Each requester may
receive one free copy of the proposed amendment by contacting OSM's
Kansas City Field Office.
Michael C. Wolfrom, Acting Director, Kansas City Field Office, Office
of Surface Mining Reclamation and Enforcement, 934 Wyandotte, Room 500,
Kansas City, MO 64105, Telephone: (816) 374-6405.
Missouri Department of Natural Resources, Land Reclamation Program, 205
Jefferson Street, P.O. Box 176, Jefferson City, MO 65102, Telephone:
(314) 751-4041.
FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, telephone: (816)
374-6405.
SUPPLEMENTARY INFORMATION:
I. Background
Title IV of SMCRA established an Abandoned Mine Land Reclamation
(AMLR) program for the purposes of reclaiming and restoring lands and
water resources adversely affected by past mining. This program is
funded by a reclamation fee imposed upon the production of coal. As
enacted in 1977, lands and waters eligible for reclamation were those
that were mined or affected by mining and abandoned or left in an
inadequate reclamation status prior to August 3, 1977, and for which
there was no continuing reclamation responsibility under State or
Federal law. The AML Reclamation Act of 1990 (Pub. L. 101-508, Title
VI, Subtitle A, Nov. 5, 1990, effective Oct. 1, 1991) amended SMCRA, 30
U.S.C. 1231 et seq. to provide changes in the eligibility of project
sites for AML expenditures. The Secretary adopted AML regulations (59
FR 28136, May 31, 1994) at 30 CFR Subchapter R, Parts 795, 870, 872,
873, 874, 875, 876, and 886 to implement this act. Title IV of SMCRA
now provides for reclamation of certain mine sites where the mining
occurred after August 3, 1977. These include interim program sites
where bond forfeiture proceeds were insufficient for adequate
reclamation and sites affected any time between August 4, 1977, and
November 5, 1990, for which there were insufficient funds for adequate
reclamation due to the insolvency of the bond surety. Title IV provides
that a State with an approved AMLR program has the responsibility and
primary authority to implement the program.
The Secretary of the Interior approved the Missouri AMLR Plan on
January 29, 1982. Information pertinent to the general background of
the Missouri AMLR Plan submission, as well as the Secretary's findings
and the disposition of comments can be found in the January 29, 1982,
Federal Register (47 FR 4253). Subsequent actions concerning Missouri's
AMLR Plan and Plan amendments can be found at 30 CFR 925.25.
The Secretary adopted regulations at 30 CFR Part 884 that specify
the content requirements of a State reclamation plan and the criteria
for plan approval. The regulations provide that a State may submit to
the Director proposed amendments or revisions to the approved
reclamation plan. If the amendments or revisions change the scope of
major policies followed by the State in the conduct of its reclamation
program, the Director must follow the procedures set out in 30 CFR
884.14 in approving and disapproving an amendment or revision.
II. Proposed Amendment
By letter dated November 29, 1994, (Administrative Record No. AML-
MO-89) Missouri submitted a proposed amendment to its AML Plan pursuant
to SMCRA. Missouri submitted the proposed amendment in response to a
letter from OSM dated September 26, 1994 (Administrative Record No.
AML-MO-88), in accordance with 30 CFR 884.15(b) concerning revisions to
the AML regulations at 30 CFR Chapter VII, Subchapter R (59 FR 28136,
May 31, 1994).
Missouri proposes to amend its statutes at RSMo Section 444.810,
Powers of Commission-abandoned mine reclamation fund created, purpose
as well as RSMo Section 444.915, Abandoned mine reclamation fund-
deposits and expenditures. Missouri proposes to amend its regulations
at 10 CSR 40-9.020 (1) and (3), Reclamation-General Requirements.
Missouri proposes to amend its AML Plan at Section 884.13(c)(2),
project ranking and selection procedures and Section 884.13(d)(3),
purchasing and procurement.
(1) 10 CSR 40-9.020(1) (D) and (E) and (3) General Requirements
The addition of subsections (D) and (E) make additional lands
eligible for reclamation activities where the coal mining site was
left: (1) either unreclaimed or inadequately reclaimed between August
4, 1977, and November 21, 1980, where funds or other financial
guarantees are not sufficient to provide or adequate reclamation or
abatement at the site; (2) either unreclaimed or inadequately reclaimed
between August 4, 1977, and November 5, 1990, and the surety of such
mining operator became insolvent during such period, and as of November
5, 1990, remaining funds or other financial guarantees are not
sufficient to provide for adequate reclamation or abatement at the
site; (3) the site meets priority objectives stated in subsections (4)
(A) and (B) of this rule. Priority will be given to those sites which
are in the immediate vicinity of a residential area or which have an
adverse economic impact upon a community; and (4) monies available from
sources outside the fund or which are ultimately recovered from
responsible parties involving lands eligible pursuant to (1)(D) of this
rule, shall either be used to offset the cost of the reclamation or
transferred to the fund if not required for further reclamation
activities at the permitted site. The definition of left and abandoned
in either an unreclaimed or inadequately reclaimed condition is revised
to be consistent with these changes.
(2) Section 884.13(c)(2) Project Ranking and Selection Procedures
The AMLR Plan is revised to require the submittal of the Abandoned
Mine Land Problem Area Description Form (OSM 76). This form will be
utilized in identifying problem area priorities and submitted to OSM
upon project completion to report actual reclamation accomplishments.
The AMLR Plan is revised to ensure that certain interim sites and
insolvent surety sites mined after August 3, 1977, may be eligible for
AML funding. Additional ineligible sites would include sites and areas
designated for remedial action pursuant to the Uranium Mill Tailings
Radiation Control Act of 1978 (42 U.S.C. 7901 et seq.) or that have
been listed for remedial action pursuant to the Comprehensive
Environmental Response Compensation and Liability Act of 1980 (42
U.S.C. 9601 et seq.).
(3) Section 884.13(d)(3), Purchasing and Procurement
Missouri is adding provisions that restrict the eligibility of
bidders and their subcontractors on AML contracts: (1) to any bidder or
equipment supplier whose firm or affiliate is not listed in the General
Services Administration publication entitled Lists of Parties Excluded
from Federal Procurement or Nonprocurement Programs; and (2) must be
eligible to receive a permit or conditional permit to conduct surface
coal mining operations as confirmed by OSM's Applicant/Violator System.
Missouri also adds a provision that AML State Share funds may be
requested annually for the Future Reclamation Set-Aside Program. The
funds would only be utilized to accomplish the purposes of P.L. 95-87
and only withdrawn after September 30, 1995. A separate accounting
system would be utilized for these funds.
(4) RSMo 444.810.2-8. Joint Committee on Administrative Rules
Missouri requires that any rules promulgated under the authority of
the Land Reclamation Commission shall not become effective until it has
been approved by the joint committee on administrative rules. Missouri
adds these subsections to provide the procedures necessary for this
review and approval process.
(5) RSMo 444.915.2(4), AML Reclamation Fund Expenditures
Missouri eliminates as a priority, expenditures for research and
demonstration projects relating to the development of surface mining
reclamation and water quality control program methods and techniques.
(6) RSMo 444.915.3, AML Reclamation Fund Eligibility
Missouri revises this subsection to require that AML fund monies
may be used if there is no continuing reclamation responsibility under
State or Federal laws for lands or water. Eligibility is defined in one
of three ways: (1) as lands and water affected by coal mining,
wastebanks, coal processing or other coal mining processes and
abandoned or left in an inadequate reclamation status prior to
September 28, 1979; (2) A finding must be made that the mining
operation occurred between August 4, 1977, and November 21, 1980, and
that available funds are insufficient for adequate reclamation or
abatement; or (3) A finding may also be made that the mining operation
occurred between August 4, 1977, and October 1, 1991, and that the
surety became insolvent during that period and that available funds are
not sufficient for adequate reclamation or abatement.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 884.14, OSM is seeking
comments on whether the proposed amendment satisfies the applicable
program approval criteria of 30 CFR 884.14 for the approval of
reclamation plan amendments. If the amendment is deemed adequate, it
will become part of the Missouri AMLR Plan.
Written Comments
Written comments should be specific, pertain only to the issue
proposed in this rulemaking, and include explanations in support of the
commenter's recommendations. Comments received after the time indicated
under ``DATES'' or at locations other than the Kansas City Field Office
will not necessarily be considered in the final rulemaking or included
in the administrative record.
Public Hearing
Persons wishing to testify at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,
c.s.t. December 28, 1994. The location and time of the hearing will be
arranged with those persons requesting the hearing. If no one requests
an opportunity to testify at the public hearing, the hearing will not
be held.
Any disabled individual who has a need for a special accommodation
to attend a public hearing should contact the individual listed under
FOR FURTHER INFORMATION CONTACT.
Filing of a written statement at the time of the hearing is
requested as it will greatly assist the transcriber. Submission of
written statements in advance of the hearing will allow OSM officials
to prepare adequate responses and appropriate questions.
The public hearing will continue on the specified date until all
persons scheduled to comment have been heard. Persons in the audience
who have not been scheduled to testify, and who wish to do so, will be
heard following those who have been scheduled. The hearing will end
after all persons scheduled to testify and persons present in the
audience who wish to testify have been heard.
Public Meeting
If only one person requests an opportunity to testify at a hearing,
a public meeting, rather than a public hearing, may be held. Persons
wishing to meet with OSM representatives to discuss the proposed
amendment may request a meeting at the OSM office listed under FOR
FURTHER INFORMATION CONTACT. All such meetings will be open to the
public and, if possible, notices of meetings will be posted at the
locations listed under ADDRESSES. A written summary of each meeting
will be made a part of the administrative record.
IV. Procedural Determinations
Compliance With the National Environmental Policy Act
No environmental impact statement is required for this rule since
agency decisions on proposed State and Tribal abandoned mine land
reclamation plans and revisions thereof are categorically excluded from
compliance with the National Environmental Policy Act (42 U.S.C. 4332)
by the Manual of the Department of the Interior (516 DM 6, appendix 8,
paragraph 8.4B(29)).
Compliance With Executive Order No. 12291
On July 12, 1984, the Office of Management and Budget (OMB) granted
OSM an exemption from sections 3, 4, 7, and 8 of Executive Order 12291
for actions related to approval or conditional approval of State
regulatory programs, actions, and program amendments. Therefore,
preparation of a Regulatory Impact Analysis is not necessary and OMB
regulatory review is not required.
Compliance With the Regulatory Flexibility Act
The Department of the Interior has determined that this rule will
not have a significant economic effect 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. Hence, this rule will ensure that existing requirements
previously promulgated by OSM will be implemented by the State. 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.
Compliance With Executive Order 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 and has determined that, to the
extent allowed 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 State regulatory programs and
program amendments since each such program is drafted and promulgated
by a specific State, not by OSM. Under sections 503 and 505 of SMCRA
(30 U.S.C. 1253 and 1255) and 30 CFR 730.11, 732.15, and 732.17(h)(10),
decisions on proposed State regulatory programs and program amendments
submitted by the States must be based solely on a determination of
whether the submittal is consistent with SMCRA and its implementing
Federal regulations and whether the requirements of 30 CFR Parts 730,
731, and 732 have been met.
Compliance With the Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by the Office of Management and Budget under the
Paperwork Reduction Act, 44 U.S.C. 3507 et seq.
List of Subjects in 30 CFR Part 916
Intergovernmental relations, Surface mining, Underground mining.
Dated: December 5, 1994.
Charles E. Sandberg,
Acting Assistant Director, Western Support Center.
[FR Doc. 94-30505 Filed 12-12-94; 8:45 am]
BILLING CODE 4310-05-M