[Federal Register Volume 64, Number 34 (Monday, February 22, 1999)]
[Rules and Regulations]
[Pages 8514-8517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4242]
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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: Final rule; approval of amendment.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
is approving a proposed amendment to the Utah abandoned mine land
reclamation (AMLR) plan (hereinafter referred to as the ``Utah plan'')
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA).
Utah proposed revisions to, and the addition of rules pertaining to,
the definitions of certain terms, general reclamation requirements for
coal lands and water, eligible lands and water prior to certification,
certification of completion of coal sites, eligible lands and water
subsequent to certification, the exclusion of certain noncoal
reclamation sites, the extension of land acquisition authority and lien
requirements to noncoal sites, limited liability, contractor
responsibility, and reports. Utah also proposed deletion of the rules
concerning the State reclamation grant period, grant application
procedures, grant agreements, and grant and budget revisions. The
amendment revised the Utah plan to meet the requirements of the revised
corresponding Federal regulations and to be consistent with SMCRA, as
amended, to incorporate the additional flexibility afforded by the
revised Federal regulations and SMCRA, and to improve operational
efficiency.
EFFECTIVE DATE: February 22, 1999.
FOR FURTHER INFORMATION CONTACT: James F. Fulton, Telephone: (303) 844-
1424; Internet address: [email protected].
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 AMLR plan (Administrative Record No. UT-1071-1) pursuant to
SMCRA (30 U.S.C. 1201 et seq.). Utah submitted the proposed amendment
in response to OSM's 30 CFR 884.15(d) letter dated September 26, 1994
(Administrative Record No. UT-1011), and at its own initiative. The
provisions of the Utah Administrative Rules (Utah Admin. R.) that Utah
proposed to revise, add, or delete were: Utah Admin. R. 643-870-500,
Definitions of ``Eligible lands and water,'' ``Left or abandoned in
either an unreclaimed or inadequately reclaimed condition,'' ``Office''
or ``OSM,'' and ``Secretary;'' Utah Admin. R. 643-874-100 and -110,
General Reclamation Requirements; Utah Admin. R. 643-874-124 through -
128, Eligible Lands and Water; Utah Admin. R. 643-874-130 through -132,
Reclamation Objectives and Priorities; Utah Admin. R. 643-874-140
through -144, Utilities and other facilities; Utah Admin. R. 643-874-
150, Limited liability; Utah Admin. R. 643-874-160, Contractor
responsibility; Utah Admin. R. 643-875-120 and -122 through -126,
Eligible lands and water prior to certification (non-coal); Utah Admin.
R. 643-875-130 through -133, Certification of completion of coal sites;
Utah Admin. R. 643-875-140 through -142, Eligible lands and water
subsequent to certification (non-coal); Utah Admin. R. 643-875-150
through -155.700, Reclamation priorities for noncoal program; Utah
Admin. R. 643-875-160, Exclusion of certain noncoal reclamation sites;
Utah Admin. R. 643-875-170, Land acquisition authority-noncoal; Utah
Admin. R. 643-875-180, Lien requirements; Utah Admin. R. 643-875-190,
Limited liability; Utah Admin. R. 643-875-200, Contractor
responsibility; Utah Admin. R. 643-
[[Page 8515]]
877-141, Entry for Emergency Reclamation; Utah Admin. R. 643-879-141,
Management of Acquired Land; Utah Admin. R. 643-879-152.200, -153, and
-154, Disposition of Reclaimed Land; Utah Admin. R. 643-882-132, Liens;
Utah Admin. R. 643-884-150, State Reclamation Plan Amendment; 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 or abandoned in either an
unreclaimed or inadequately reclaimed condition;'' Utah Admin. R. 643-
874-120, -121, -123, -124, -125, and -128, General Reclamation
Requirements; Utah Admin. R. 643-875-132, Certification of completion
of coal sites; Utah Admin. R. 643-877-120, Entry for Studies or
Exploration; 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 proposed revisions to 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. 643-874-124 and -125, General
Reclamation Requirements.
Based upon the additional explanatory information and revisions to
the proposed plan amendment submitted by Utah, OSM reopened the public
comment period in the April 7, 1997, Federal Register (62 FR 16507,
Administrative Record No. UT-1071-11). The public comment period closed
on April 22, 1997.
During the review of the revisions and additional explanatory
information submitted by Utah, OSM identified concerns relating to the
provisions of Utah Admin. R. 643-870-500, definitions of ``eligible
lands and water'' and ``left or abandoned in either an unreclaimed or
inadequately reclaimed condition.'' OSM notified Utah of the concerns
by telephone conversation record dated September 8, 1997
(Administrative Record No. UT-1071-14). Utah responded in a letter
dated December 30, 1997, by submitting a revised amendment
(Administrative Record No. UT-1071-15).
OSM announced receipt of the proposed revisions and additional
explanatory information in the January 14, 1998, Federal Register (63
FR 2192, Administrative Record No. UT-1071-17) and invited public
comment on the substantive adequacy of the proposed changes. Because no
one requested a public hearing or meeting, none was held. The public
comment period ended on January 29, 1998.
III. Director's Findings
As discussed below, the Director, in accordance with SMCRA and 30
CFR 884.14 and 884.15, finds that the proposed plan amendment submitted
by Utah on August 2, 1995, and as revised and supplemented with
additional explanatory information on March 12, 1997, and December 30,
1997, meets the requirements of the corresponding Federal regulations
and is consistent with SMCRA. Thus, the Director approves the proposed
amendment.
1. Nonsubstantive Revisions to Utah's Rules
Utah proposed revisions to the following previously-approved rules
that are nonsubstantive in nature and consist of minor editorial
changes (corresponding Federal regulation provisions are listed in
parentheses):
Utah Admin. R. 643-870-500 (30 CFR 870.5), definition of ``Office''
or ``OSM;''
Utah Admin. R. 643-877-141 (30 CFR 877.14(a)), Entry for Emergency
Reclamation;
Utah Admin. R. 643-879-141 (30 CFR 879.14), Management of Acquired
Land;
Utah Admin. R. 643-879-152.200, 643-879-153, and 643-879-154 (30
CFR 879.15(b)(2), (c), and (d)), Disposition of Reclaimed Land;
Utah Admin. R. 643-882-132 (30 CFR 882.13(a)(3)), Liens; and
Utah Admin. R. 643-884-150 (30 CFR 884.15), State Reclamation Plan
Amendment.
Because the proposed revisions to these previously-approved rules
are nonsubstantive in nature, the Director finds that these proposed
Utah rules meet the requirements of the Federal regulations. The
Director approves the proposed revisions to these rules.
2. Substantive Revisions to Utah's Rules That Are Substantively
Identical to the Corresponding Provisions of the Federal Regulations
Utah proposed revisions to the following rules that are substantive
in nature and contain language that is substantively identical to the
requirements of the corresponding Federal regulations provisions
(listed in parentheses):
Utah Admin. R. 643-870-500 (30 CFR 705.5), definition of
``Secretary;''
Utah Admin. R. 643-870-500 (30 CFR 870.5 and Section 403(b)(2) of
SMCRA), definition of ``Left or abandoned in either an unreclaimed or
inadequately reclaimed condition;''
Utah Admin. R. 643-874-100 and -110 (30 CFR 874.1 and 874.11),
General Reclamation Requirements;
Utah Admin. R. 643-874-124 through -128 (30 CFR 874.12 (d), (e),
(f), (g), and (h)), Eligible (coal) Lands and Water;
Utah Admin. R. 643-874-130 through -132 (30 CFR 873.13),
Reclamation Objectives and Priorities;
Utah Admin. R. 643-874-140 through -144 (30 CFR 874.14), Utilities
and other facilities;
Utah Admin. R. 643-874-150 (30 CFR 874.15), Limited liability;
Utah Admin. R. 643-874-160 (30 CFR 874.16), Contractor
responsibility;
Utah Admin. R. 643-875-120 through -200 (30 CFR 875.12 through
875.20), Noncoal Reclamation; and
Utah Admin. R. 643-886-232.240 (30 CFR 886.23(b)), Reports.
Because these proposed Utah rules are substantively identical to
the corresponding provisions of the Federal regulations, the Director
finds that they meet the requirements of the Federal regulations. The
Director approves the proposed revisions to these rules.
3. Utah Admin. R. 643-870-500, Definition of ``Eligible Lands and
Water''
Utah proposed a new definition of the term ``Eligible lands and
water'' at Utah Admin, R. 643-870-500 to provide for: (1) Reclamation
of drainage abatement expenditures for coal mining operations on lands
and water damaged by such operations prior to August 3, 1977, and for
which there is no continuing reclamation responsibility, and (2)
eligibility of lands and water damaged by coal mining operations after
August 3, 1977, and on or before November 5, 1990, if they meet the
requirements specified in R643-874-123 and R643-874-124. Other
requirements included in the proposed definition concern eligible lands
and water following certification of the completion of all
[[Page 8516]]
known coal problems and additional eligibility requirements for water
projects.
Utah's proposed definition at Utah Admin. R. 643-870-500 was not in
compliance with the counterpart Federal definition at 30 CFR 870.5,
which provides, in pertinent part, that ``Eligible lands and water''
includes lands and water damaged by coal mining operations after August
3, 1977, and November 5, 1990, if they meet the requirements of 30 CFR
874.12(d) and (e). Utah's proposed definition lacked a reference to
Utah Admin. R. 643-874-125, which is the State counterpart to 30 CFR
874.12(e). However, Utah added a cross-reference to Utah Admin. R. 643-
874-125 in its December 30, 1997, submittal. The definition now
includes a provision allowing the State to expend funds made available
under section 402(g)(1) and (5) of SMCRA for reclamation and abatement
of any interim coal or insolvent surety site where other criteria are
met. Therefore, the Director approves the revised definition of
``Eligible lands and water'' at Utah Admin. R. 643-870-500.
4. Utah Admin. R. 643-886-130 through -190, State Reclamation Grants
Utah proposes to delete the rules at Utah Admin. R. 643-886-130
through -190, concerning State Reclamation Grants, as the language is
outdated with the implementation of the revised AML grant procedures in
the February 22, 1995, Federal Register (60 FR 9974). The AML grant
procedures were revised in 1995 to reflect several Congressional
amendments to Title IV of SMCRA. Specifically, OSM revised the
regulations at 30 CFR 886.13 to delete any reference which listed
administrative grants as a separate entity; to delete reference to
``impact assistance funding;'' to delete specific references to
sections of SMCRA; and to delete references to specific AML projects,
which are now part of the Abandoned Mine Land Inventory System.
Utah, in order to reflect the Federal regulatory revisions, is
proposing to delete references to the grant period, the annual
submission of projects, the grant application procedures, grant
agreements, and grant and budget revisions. All of the aforementioned
requirements have been deleted in the revised Federal regulations
except those concerning the grant period.
The revised Federal regulations at 30 CFR 866.13(a), concerning the
grant period, state that: (1) The period for administrative costs of
the agency should not exceed the first year of the grant, and (2) the
Director shall approve a grant period on the basis of information in
the application showing that projects to be funded will fulfill the
objectives of 30 U.S.C. 1201 et seq. These Federal regulations at 30
CFR 886.13(a) provide OSM's procedures for the processing of State AML
grants, which apply to all State reclamation plans regardless of State
plan provisions. Because 30 CFR 866.13(a) provides only Federal
requirements, there is no need for the Utah plan to contain equivalent
provisions. Therefore, the Director approves Utah's deletion of Utah
Admin. R. 643-886-130 through 643-886-190.1
IV. Summary and Disposition of Comments
Following are summaries of all substantive written comments on the
proposed amendment that were received by OSM, and OSM's responses to
them.
1. Public comments
OSM invited public comments on the proposed amendment, but none
were received.
2. Federal Agency Comments
Pursuant to 30 CFR 884.15(a) and 884.14(a)(2), OSM solicited
comments on the proposed amendment from various Federal agencies with
an actual or potential interest in the Utah plan (Administrative Record
Nos. UT-1071-2 and UT-1071-10).
Four agencies responded that they had no comments: the State
Historic Preservation Office (August 23, 1995, Administrative Record
No. UT-1071-4); the Bureau of Mines (September 7, 1995, Administrative
Record No. UT-1071-5); the U.S. Fish and Wildlife (September 12, 1995,
Administrative Record No. UT-1071-6; April 8, 1997, Administrative
Record No. UT-1071-12; and January 16, 1998, Administrative Record No.
UT-1071-18); and the Mine Safety Health Administration (September 20,
1995, Administrative Record No. UT-1071-7 and May 1, 1997,
Administrative Record No. UT-1071-13).
V. Director's Decision
Based on the above findings, the Director approves Utah's proposed
plan amendment as submitted on August 2, 1995 and as revised on March
12, 1997 and December 30, 1997.
The Director approves, as discussed in: Finding No. 1, Utah Admin.
R. 643-870-500, the definition of ``Office'' or ``OSM;'' 643-877-141,
concerning Entry for Emergency Reclamation; 643-879-141, concerning
Management of Acquired Land; 643-879-152.200, 643-879-153, and 643-879-
154, concerning Disposition of Reclaimed Land; 643-882-132, concerning
Liens; and 643-884-150, concerning State Reclamation Plan Amendment;
Finding No. 2, Utah Admin. R. 643-870-500, the definitions of
``Secretary'' and ``Left or abandoned in either an unreclaimed or
inadequately reclaimed condition;'' 643-874-100 and -101, concerning
General Reclamation Requirements; 643-874-124 through -128, concerning
Eligible (coal) Lands and Water; 643-874-130 through -132, Reclamation
Objectives and Priorities; 643-874-140 through -144, concerning
Utilities and other facilities, 643-874-150, concerning Limited
liability; 643-874-160, concerning Contractor responsibility; 643-875-
120 through -200, Noncoal Reclamation; and 643-886-232.240, concerning
Reports; Finding No. 3, Utah Admin. R. 643-870-500, concerning the
definition of ``Eligible lands and water,'' and Finding No. 4, the
deletion of Utah Admin. R. 643-886-130 through -190, concerning State
Reclamation Grants.
The Director approves the rules as proposed by Utah with the
provision that they be fully promulgated in identical form to the rules
submitted to and reviewed by OSM and the public.
The Federal regulations at 30 CFR Part 944, codifying decisions
concerning the Utah plan, are being amended to implement this decision.
This final rule is being made effective immediately to expedite the
State plan amendment process and to encourage States to bring their
plans into conformity with the Federal standards without undue delay.
Consistency of State and Federal standards is required by SMCRA.
VI. 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 12988
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 (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 Tribe or State AMLR plans and
revisions thereof since each plan is drafted and promulgated by a
specific Tribe or State, not by OSM. Decisions on proposed Tribe or
State AMLR plans and revisions thereof submitted by a Tribe or State
are based
[[Page 8517]]
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 Tribe or 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 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 Tribe or 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 Tribe or 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: February 9, 1999.
Russell F. Price,
Acting Regional Director, Western Regional Coordinating Center.
For the reasons set out in the preamble, Title 30, Chapter VII,
Subchapter T of the Code of Federal Regulations is amended as set forth
below:
PART 944--UTAH
1. The authority citation for Part 944 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 944.25 is amended in the table by adding a new entry in
chronological order by ``Date of Final Publication'' to read as
follows:
Sec. 944.25 Approval of Utah abandoned mine land reclamation plan
amendments.
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Date of final
Original amendment submission date publication Citation/description
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* * * * * *
*
August 2, 1995....................... February 22, 1999...... Utah Admin. R. 643-870-500; 643-874-100 and -
110; 643-874-124 through -128; 643-874-130
through -132; 643-874-140 through -144; 643-874-
150; 643-874-160; 643-875-120 through -200; 643-
877-141; 643-879-141; 643-879-152.200, -153,
and -154; 643-882-132; 643-884-150; and 643-886-
232.240.
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[FR Doc. 99-4242 Filed 2-19-99; 8:45 am]
BILLING CODE 4310-05-M