[Federal Register Volume 64, Number 72 (Thursday, April 15, 1999)]
[Notices]
[Pages 18634-18635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9412]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
Proposed Ridgewater Water Distribution System Project in Wyoming
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Notice of application for grant funding; public comment period
on request to fund the Ridgewater project.
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SUMMARY: OSM is announcing its receipt of a grant application from the
Wyoming Department of Environmental Quality, Abandoned Mine Land
Division (AMLD). Wyoming's application requests $76,265 from the
Abandoned Mine Reclamation Fund to pay approximately 29 percent of the
cost of rebuilding the Ridgewater Improvement District water
distribution system in Converse County, Wyoming. In its application,
the State proposes paying for part of the reconstruction cost as a
public facility project that will benefit a community impacted by coal
mining activities.
This notice describes when and where the Wyoming abandoned mine
land (AML) program and the grant application for funding the Ridgewater
project are available for you to read. It also sets the time period
during which you may send written comments on the request to us.
DATES: We will accept written comments until 4:00 p.m., m.s.t., May 17,
1999.
ADDRESSES: You should mail or hand-deliver written comments to Guy V.
Padgett, Casper Field Office Director, at the address shown below. You
may read Wyoming's grant application for this proposed project during
normal business hours Monday through Friday (excluding holidays) at the
same address. Also, we will send one free copy of the grant application
to you if you contact OSM's Casper Field Office.
Guy V. Padgett, Director, Casper Field Office, Office of Surface
Mining Reclamation and Enforcement, Federal Building, Rm. 2403, 100
East ``B'' Street, Casper, Wyoming 82601-1918.
FOR FURTHER INFORMATION CONTACT: Guy V. Padgett, Telephone: (307) 261-
6555.
SUPPLEMENTARY INFORMATION:
I. Background on Title IV of SMCRA
Title IV of the Surface Mining Control and Reclamation Act (SMCRA)
established an Abandoned Mine Land Reclamation (AMLR) program. The
purpose of the AMLR program is to reclaim and restore lands and waters
that were adversely affected by past mining. The program is funded by a
reclamation fee paid by active coal mining operations. Lands and waters
eligible for reclamation under Title IV are primarily those that were
mined, or affected by mining, and abandoned or inadequately reclaimed
before August 3, 1977, and for which there is no continuing reclamation
responsibility under State, Federal, or other laws.
Title IV of SMCRA allows States to submit AMLR plans to us. We, on
behalf of the Secretary, review those plans and consider any public
comments we receive about them. If we determine that a State has the
ability and necessary legislation to operate an AMLR program, the
Secretary can approve it. The Secretary's approval gives a State
exclusively authority to put its AMLR plan into effect.
Once the Secretary approves a State's AMLR plan, the State may
annually apply to us for money to fund specific projects that will
achieve the goals of its approved plan. We follow the requirements of
the Federal regulations at 30 CFR Parts 874, 875, and 886 when we
review and approve such applications.
II. Background on the Wyoming AMLR Plan
The Secretary of the Interior approved Wyoming's AMLR plan on
February 14, 1983. You can find background information on the Wyoming
AML program, including the Secretary's findings and our responses to
comments, in the February 14, 1983, Federal Register (48 FR 6536).
Wyoming changed its plan a number of times since the Secretary first
approved it. In 1984, we accepted the State's certification that it
addressed all known coal-related impacts in Wyoming that were eligible
for funding under its program. As a result, the State may now reclaim
low priority non-coal reclamation projects. You can read about the
certification and OSM's acceptance in the May 25, 1984, Federal
Register (49 FR 22139). At the same time, we also accepted Wyoming
proposal that it will ask us for funds to reclaim any additional coal-
related problems that occur during the life of the Wyoming AML program
as soon as it becomes aware of then. In the April 13, 1992, Federal
Register (57 FR 12731), we announced our decision to accept other
changes in Wyoming's plan that describe how it will rank eligible coal,
non-coal, and facility projects for funding. Those changes also
authorized the Governor of Wyoming to evaluate the priority of a
project based upon the Governor's determination of need and urgency.
They also expanded the State's ability to construct public facilities
under section 411 of SMCRA. We approved additional changes in Wyoming's
plan concerning noncoal lien authority and contractor eligibility that
improve the efficiency of the State's AML program. That approval is
described in the February 21, 1996, Federal Register (61 FR 6537).
Once a State certifies that it will address all remaining abandoned
coal mine problems, and the Secretary concurs, then it may request
funds to
[[Page 18635]]
undertake abandoned noncoal mine reclamation, community impact
assistance, and public facilities projects under sections 411(b), (e),
and (f), of SMCRA.
State law and regulations that apply to the proposed Ridgewater
funding request include Wyoming Statute 35-11-1201 and Wyoming
Abandoned Mine Land Regulations, Chapter VII, of the Wyoming Abandoned
Mine Program.
III. Wyoming's Request To Fund Part of the Cost of Rebuilding the
Ridgewater Distribution System
The Wyoming Department of Environmental Quality submitted to us a
grant application dated December 21, 1998. In that application, Wyoming
asked for $76,265 that it will use to pay for part of the cost of
rebuilding the Ridgewater Improvement District water distribution
system in Converse County, Wyoming. This water distribution system is a
public facility in a community impacted by coal mining activities. The
requested funding is 29 percent of the project's total cost. Money for
the balance of the project cost will come from State loan and district
water user assessments and reserves.
The Governor of Wyoming certified the need and urgency to fund the
Ridgewater Improvement District project before the State's remaining
inventory of non-coal reclamation work is finished as allowed by
section 411(f) of SMCRA. That certification says the project is in a
community impacted by coal mining activities. The Ridgewater
Improvement District was developed during the boom period when
inadequate regulation resulted in poorly designed water and sewer
systems. As a result, current distribution lines are too small to
provide for the District's fire suppression services. The District also
has wastewater treatment problems. Wastewater potentially can
infiltrate drinking water lines due to poor line conditions.
The project will mitigate the impacts of rapid industrial growth by
providing safe drinking water and fire suppression capability in the
District. The Governor's certification states that the current need for
District fire suppression capability and concern for wastewater
infiltrating drinking water supplies warrants funding this project
before the State reclaims its remaining inventory of non-coal projects.
IV. How We Will Review Wyoming's Grant Application
We will review this grant application with respect to the
regulations at 30 CFR 875.15, specifically subsections 875.15(e) (1)
through (7). As stated in those regulations, the application must
include the following information: (1) The need or urgency for the
activity or the construction of the public facility; (2) the expected
impact the project will have on Wyoming's coal or minerals industry;
(3) the availability of funding from other sources and, if other
funding is provided, its percentage of the total costs involved; (4)
documentation from other local, State, and Federal agencies with
oversight for such utilities or facilities describing what funding they
have available and why their agency is not fully funding this specific
project; (5) the impact on the State, the public, and the minerals
industry if the facility is not funded; (6) the reason why this project
should be selected before a priority project relating to the protection
of the public health and safety or the environment from the damages
caused by past mining activities, and (7) an analysis and review of the
procedures Wyoming used to notify and involve the public in this
funding request, and a copy of all comments received and their
resolution by the State. Wyoming's application for the Ridgewater
Improvement District project contains the information described in
these seven subsections.
Section 875.15(f) requires us to evaluate all comments we receive
and determine whether the funding meets the requirements of sections
875.15(e) (1) through (7) described above. It also requires us to
determine if the request is in the best interests of the State's AML
program. We will approve Wyoming's request to fund this project if we
conclude that it meets all the requirements of 30 CFR 875.15.
V. What To Do if You Want To Comment on the Proposed Project
We are asking for public comments on Wyoming's request for funds to
pay for part of the cost of rebuilding the Ridgewater water
distribution system. You are welcome to comment on the project. If you
do, please give us written comments. Make sure your comments are
specific and pertain to Wyoming's funding request in the context of the
regulations at 30 CFR 875.15 and the provisions of section 411 of
SMCRA. You should explain any recommendations you make. If we receive
your comments after the time shown under Dates or at locations other
than the Casper Field Office, we will not necessarily consider them in
our final decision or include them in the administrative record.
Dated: April 7, 1999.
Brent Wahlquist,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 99-9412 Filed 4-14-99; 8:45 am]
BILLING CODE 4310-05-M