[Federal Register Volume 62, Number 66 (Monday, April 7, 1997)] [Proposed Rules] [Pages 16507-16509] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-8790] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 944 [SPATS No. UT-032-FOR] Utah Abandoned Mine Land Reclamation Plan AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Proposed rule; reopening and extension of public comment period on proposed amendment. ----------------------------------------------------------------------- SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of revisions and additional explanatory information pertaining to a previously proposed amendment to the Utah abandoned mine land reclamation (AMLR) plan (hereinafter, the ``Utah plan'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The revisions and additional explanatory information for Utah's proposed rules pertain to definitions of ``eligible lands and water'' and ``left or abandoned in either an unreclaimed or inadequately reclaimed condition,'' and general reclamation requirements. The amendment is intended to revise the Utah plan to meet the requirements of the corresponding Federal regulations, to incorporate the additional flexibility afforded by the revised Federal regulations, to clarify ambiguities, and to improve operational efficiency. DATES: Written comments must be received by 4:00 p.m., m.d.t., April 22, 1997. ADDRESSES: Written comments should be mailed or hand delivered to James F. Fulton at the address listed below. Copies of the Utah plan, the proposed amendment, and all written comments received in response to this document will be available for public review at the addresses listed below during the normal business hours, Monday through Friday, excluding holidays. Each requester may receive one free copy of the proposed amendment by contacting OSM's Denver Field Division: James F. Fulton, Chief, Denver Field Division, Western Regional Coordinating Center, Office of Surface Mining Reclamation and Enforcement, 1999 Broadway, Suite 3300, Denver, Colorado 80202. Mark R. Mesch, Administrator, Abandoned Mine Reclamation Program, Division of Oil, Gas and Mining, 1594 West North Temple, Suite 1210, Box 145801, Salt Lake City, Utah 84114-5801, (801) 538-5340. FOR FURTHER INFORMATION CONTACT: James F. Fulton, Telephone: (303) 844-1424. SUPPLEMENTARY INFORMATION: I. Background on the Utah Plan On June 3, 1983, the Secretary of the Interior approved the Utah plan. General background information on the Utah plan, including the Secretary's findings and the disposition of comments, can be found in the June 3, 1983, Federal Register (48 FR 24876). Subsequent actions concerning Utah's plan and plan amendments can be found at 30 CFR 944.25. II. Proposed Amendment By letter dated August 2, 1995, Utah submitted a proposed amendment to its plan (administrative record No. UT-1071) pursuant to SMCRA (30 U.S.C. 1201 et seq.). Utah submitted the proposed amendment at its own initiative and in response to a September 26, 1994, letter (administrative record No. UT-1011) that OSM sent to Utah in accordance with 30 CFR 884.15(b). The provisions of the Utah Administrative Rules (Utah Admin. R.) that Utah proposed to revise and add were: Utah Admin. R. 643-870-500, definitions of ``eligible lands and water,'' ``left or abandoned in either an unreclaimed or inadequately reclaimed condition,'' and ``Secretary''; Utah Admin. R. 643-874-100, -110, [[Page 16508]] -124 through -128, -130 through -132, -140 through -144, -150, and - 160, general reclamation requirements for coal lands and waters; Utah Admin. R. 643-875-120 and -122 through -125, -130 through -133, -140 through -142, -150 through -155, -160, -170, -180, -190, and -200, noncoal reclamation; Utah Admin. R. 643-877-141, rights of entry; Utah Admin. R. 643-879-141, -152.200, -153, and -154, acquisition, management, and disposition of lands and water; Utah Admin. R. 643-882- 132, reclamation on private land; Utah Admin. R. 643-884-150, State reclamation plan amendments; Utah Admin. R. 643-886-130 through -190, State reclamation grants; and Utah Admin. R. 643-886-232.240, reports. OSM announced receipt of the proposed amendment in the August 22, 1995, Federal Register (60 FR 43577), provided an opportunity for a public hearing or meeting on its substantive adequacy, and invited public comment on its adequacy (administrative record No. UT-1071-3). Because no one requested a public hearing or meeting, none was held. The public comment period ended on September 21, 1995. During its review of the amendment, OSM identified concerns relating to the provisions of Utah Admin. R. 643-870-500, definitions of ``eligible lands and water'' and ``left of abandoned in either an unreclaimed or inadequately reclaimed condition''; Utah Admin. R. 643- 874-120, -121, -123 through -125, and -128, general reclamation requirements; Utah Admin. R. 643-875-132, certification of completion of reclamation of coal sites; Utah Admin. R. 643-877-120, rights of entry; Utah Admin. R. 643-879-154, disposition of reclaimed land; and Utah Admin. R. 643-882-121 and -122, appraisals. OSM notified Utah of the concerns by letter dated March 26, 1996 (administrative record No. UT-1071-8). Utah responded in a letter dated March 12, 1997, by submitting a revised amendment and additional explanatory information (administrative record No. UT-1071-9). Utah proposes revisions to and additional explanatory information for Utah Admin. R., 643-870-500, definitions of ``eligible lands and water'' and ``left or abandoned in either an unreclaimed or inadequately reclaimed condition'' and Utah Admin. R. 643-874-120, - 121, -124, and -125, eligible lands and water. Specifically, Utah proposes to revise its definition of the term ``eligible lands and water'' at Utah Admin. R. 643-870-500 to read: ``Eligible lands and water'' means lands and water eligible for reclamation or drainage abatement expenditures and are those which were mined for coal or which were affected by such mining, wastebanks, coal processing, or other coal mining processes, and abandoned or left in an [inadequate reclamation status prior to August 3, 1977, and for which there is no continuing reclamation responsibility under State or Federal laws. Provided, however, that lands and water damaged by coal mining operations after that date may also be eligible if they meet the requirements specified in R643-874-124. For additional eligibility requirements for water projects, see R643-874-124. For additional eligibility requirements for lands affected by remining operations see R643-874-128. For eligibility requirements for lands affected by mining for minerals other than coal, see R643-875-120. Utah is also proposing to revise its definition of ``left or abandoned in either an unreclaimed or inadequately reclaimed condition'' at Utah Admin. R. 643-870-500 to read: ``Left or abandoned in either an unreclaimed or inadequately reclaimed condition'' means lands and water: Which were mined or which were affected by such mining, wastebanks, processing or other mining processes prior to August 3, 1977, and all mining has ceased; and Which continue, in their present condition, to substantially degrade the quality of the environment, prevent or damage the beneficial use of land or water resources, or endanger the health and safety of the public; and For which there is no continuing reclamation responsibility under State or Federal laws, except as provided in R643-874-124 and R643- 874-141. Utah is not proposing to revise Utah Admin. R. 643-874-120 and -121 by adding the word ``coal'' to its description of eligible lands and water. Utah states that it considers omission of the word ``coal'' to be an important statement of policy and explains that its approved plan lists aggressive pursuit of noncoal reclamation as a purpose of the State reclamation program. Utah further offers that its rules at Utah Admin. R. 643-875 regarding noncoal eligibility ensure that the more restrictive noncoal eligibility requirements of SMCRA will be met. In addition, Utah proposes to add to its rules at Utah Admin. R. 643-874-124 and -125 a reference to Utah Admin. R. 643-874-123, which provides for the reclamation of sites where the forfeited bond is insufficient to pay the total cost of reclamation. Utah Admin. R. 643- 874-124 extends the use of AMLR funds for reclamation of interim program and bankrupt surety sites and Utah Admin. R. 643-874-125 requires that those sites determined to be eligible under the criteria provided at Utah Admin. R. 643-874-124 also have the same or more urgent priority as coal sites that qualify as priority 1 or 2 sites under Utah Code Annotated 40-10-25(2), which is the State's counterpart statute to section 403(a) of SMCRA. III. Public Comment Procedures OSM is reopening the comment period on the proposed Utah plan amendment to provide the public an opportunity to reconsider the adequacy of the proposed amendment in light of the additional materials submitted. In accordance with the provisions of 30 CFR 884.15(a), OSM is seeking comments on whether the proposed amendment satisfies the applicable plan approval criteria of 30 CFR 884.14. If the amendment is deemed adequate, it will become part of the Utah plan. Written comments should be specific, pertain only to the issues 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 Denver Field Division will not necessarily be considered in the final rulemaking or included in the administrative record. IV. Procedural Determinations 1. Executive Order 12866 This rule is exempted from review by the Office of Management and Budget (OMB) under Executive Order 12866 (Regulatory Planning and Review). 2. Executive Order 12778 The Department of the Interior has conducted the reviews required by section 2 of Executive Order 12778 (Civil Justice Reform) and has determined that 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 AMLR plans and revisions thereof since each such 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 Parts 884 and 888. 3. National Environmental Policy Act No environmental impact statement is required for this rule since 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. 4332) by the Manual of [[Page 16509]] the Department of the Interior (516 DM 6, appendix 8, paragraph 8.4B(29)). 4. 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. 3507 et seq.). 5. Regulatory Flexibility Act The Department of the Interior has determined 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 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. Accordingly, this rule will ensure that existing requirements established by SMCRA or 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 in the analyses for the corresponding Federal regulations. 6. Unfunded Mandates Reform Act This rule will not impose a cost of $100 million or more in any given year on any governmental entity or private sector. List of Subjects in 30 CFR Part 944 Abandoned mine reclamation programs, Intergovernmental relations, Surface mining, Underground mining. Dated: April 26, 1997. Richard J. Seibel, Regional Director, Western Regional Coordinating Center. [FR Doc. 97-8790 Filed 4-4-97; 8:45 am] BILLING CODE 4310-05-M