Alabama Abandoned Mine Land Reclamation Plan

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 901

Alabama Abandoned Mine Land Reclamation Plan

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; reopening and extension of public comment period

on proposed amendment.

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SUMMARY: OSM is announcing receipt of additional revisions pertaining

to a previously proposed amendment to the Alabama Abandoned Mine Land

Reclamation (AMLR) Plan (hereinafter referred to as the Alabama Plan)

under the Surface Mining Control and Reclamation act of 1977 (SMCRA).

The additional revisions for Alabama's rules pertain to procedures for

ranking and selecting and procedures for obtaining right-of-entry.

Alabama has withdrawn its proposed change of date in its initial

submission of October 1, 1993, in the emergency program section of the

Plan.

This document sets forth the times and locations that the Alabama

Plan and proposed changes will be available for public inspection, and

the dates and times of the reopened comment period during which

interested persons may submit written comments on the proposed

amendment.

DATES: Written comments must be received on or before 4 p.m. on June

16, 1994.

ADDRESSES: Written comments should be mailed or hand delivered to Jesse

Jackson, Jr., Director, Birmingham Field Office, at the address listed

below. Copies of the Alabama program, 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 requestor may

receive, free of charge, one copy of the proposed amendment by

contacting the OSM Birmingham Field Office.

Jesse Jackson, Jr., Director, Birmingham Field Office, 135 Gemini

Circle, Suite 215, Birmingham, Alabama 35209, Telephone: (205) 290-7287

Alabama Department of Industrial Relations, Abandoned Mine Lands

Program, 649 Monroe Street, Montgomery, Alabama 36130, Telephone: (205)

242-8265.

FOR FURTHER INFORMATION CONTACT:

Jesse Jackson, Jr., Director, Birmingham Field Office, (205) 290-7283.

SUPPLEMENTARY INFORMATION:

I. Background on the Alabama Program

II. Submission of the Proposed Amendment

III. Public Comment Procedures

IV. Procedural Determinations

I. Background on the Alabama Program

Titlle IV of SMCRA Public Law 95-87, 30 U.S.C. 1202 et seq.,

establishes an 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 is 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. Title IV of SMCRA now provides for

reclamation of certain mine sites where the mining occurred after

August 3, 1997. These include interim program sites where bond

forfeiture proceeds were insufficient for adequate reclamation and

sites affected any time between August 4, 1997, 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 Alabama Plan on May 20,

1982. Information pertinent to the general background, revisions, and

amendments to the initial plan submission, as well as the Secretary's

findings and the disposition of comments can be found in the May 20,

1982, Federal Register (47 FR 22062). Information concerning the

previously approved plan and the proposed amendments may be obtained

from the agency offices listed under ADDRESSES. Subsequent actions

taken with regard to the Alabama Plan can be found at 30 CFR 901.25.

The Secretary has 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 or

major policies followed by the State in the conduct of its reclamation

program, the Director must follow the procedures set out in 30 CFR

884.13 in approving or disapproving an amendment or revision.

II. Submission of the Proposed Amendment

By letter dated October 1, 1993, Alabama submitted a reclamation

plan amendment to OSM (Administrative Record No. AL-0504). This formal

amendment request was preceded by a letter dated July 12, 1993, which

requested that the Alabama Plan be updated by revision. OSM determined

on September 17, 1993, that the proposed revision represented a major

change in the scope of the AMLR program and would necessitate

processing as a formal Plan amendment. The proposed amendment consisted

of revised narratives to replace portions of three sections of the

approved Alabama Plan as provided for by 30 CFR 884.13. Specifically,

the Alabama Plan was revised to modify the eligibility date for AMLR

reclamation from August 3, 1977, to November 5, 1990. This change was

applicable to both nonemergency and emergency AMLR project sites and

will allow reclamation of sites mined for coal after August 3, 1977.

OSM announced receipt of the proposed amendment in the October 21,

1993, Federal Register (58 FR 54313) and invited public comment on its

adequacy. The public comment period ended on November 22, 1993.

During its review of the amendment, OSM identified concerns

relating to: (a) the State's lack of specificity in proposing to extend

eligibility to sites mined and abandoned prior to November 5, 1990, and

(b) the State's plan to extend emergency eligibility to sites mined

after August 3, 1977. OSM notified Alabama of the concerns by letter

dated January 27, 1994 (Administrative Record No. AL-508). Alabama

responded in a letter dated April 5, 1994 (Administrative Record No.

AL-509), by submitting a revised amendment

Alabama proposes additional revisions to its procedures for ranking

and selection by adding specific language describing those sites

eligible for abandoned mine land reclamation. Alabama also proposes

revisions to its procedures for obtaining right-of-entry by adding

specific language describing those lands eligible for treatment under

the AMLR Plan. Alabama is withdrawing its proposed change of date in

the emergency program section of the AMLR Plan. It should also be noted

that in its initial submission of October 1, 1993, Alabama included a

copy of Senate Bill 162 which amended the statutory definition of

``abandoned mine lands.''

III. Public Comment Procedures

OSM is reopening the comment period on the proposed Alabama program

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 732.17(h) and 30

CFR 884.14, OSM is seeking comments on whether the proposed amendment

satisfies the applicable program approval criteria of 30 CFR 732.15. If

the amendment is deemed adequate, it will become part of the Alabama

Plan.

Written Comments

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 Birmingham Field Office will

not necessarily be considered in the final rulemaking or included in

the Administrative Records.

IV. Procedural Determinations

Executive Order 12866

This proposed rule is exempted from review by the Office of

Management and Budget (OMB) under Executive Order 12866 (Regulatory

Planning and Review).

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 and Tribal abandoned

mine land reclamation plans and revisions thereof since each such plan

is drafted and adopted by a specific State or Tribe, not by OSM.

Decisions on proposed State and Tribal abandoned mine land reclamation

plans and revisions thereof submitted by a State or Tribe 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 Federal regulations at

30 CFR parts 884 and 888.

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)].

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.

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 [or Tribal] 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. Hence, this rule will ensure that existing requirements

established by SMCRA or previously promulgated by OSM will be

implemented by the State [or Tribe]. 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.

List of Subjects in 30 CFR Part 901

Intergovernmental relations, Surface Mining, Underground mining.

Dated: May 25, 1994.

Alfred E. Whitehouse,

Acting Assistant Director, Eastern Support Center.

[FR Doc. 94-13243 Filed 5-31-94; 8:45 am]

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