Alabama Abandoned Mine Land Reclamation Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 901

Alabama Abandoned Mine Land Reclamation Program

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

Interior.

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is announcing the approval of a 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), 30 U.S.C. 1231 et seq., as amended.

Alabama proposed revising its procedures for ranking and selecting

abandoned mine land reclamation projects and procedures for obtaining

right-of-entry by changing the eligibility date for abandoned mine land

reclamation. Alabama also revised its statutory definition of

``abandoned mine lands.'' The amendment is intended to meet the

requirements of Title IV and the Federal regulations.

EFFECTIVE DATE: June 30, 1994.

FOR FURTHER INFORMATION CONTACT:

Jesse Jackson, Jr., Director, Birmingham Field Office, Office of

Surface Mining Reclamation and Enforcement, 135 Gemini Circle, Suite

215, Birmingham, Alabama 35209. Telephone: (205) 290-7282.

SUPPLEMENTARY INFORMATION:

I. Background on the Alabama Program

II. Submission of the Proposed Amendment

III. Director's Findings

IV. Summary and Disposition of Comments

V. Director's Decision

VI. Procedural Determinations

I. Background on the Alabama Program

Title 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

IV, 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, 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 Alabama AMLR 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). Actions taken

subsequent to the approval of the Alabama AMLR Plan are identified at

30 CFR 901.20 and 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 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 Proposed Amendment

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

plan amendment to OSM (Administrative Record No. AL-0504). The proposed

amendment consists of revised narratives to replace portions of the

approved Alabama Plan as provided for by 30 CFR 884.13. The Alabama

Plan was revised to change the eligibility date for AMLR reclamation

from August 3, 1977, to November 5, 1990.

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

1993, Federal Register (58 FR 54313) and, in the same notice, opened

the public comment period and provided opportunity for a public hearing

on the adequacy of the proposed amendment. The comment period closed 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 these 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. The revised amendment

includes specific language describing those sites eligible for

abandoned mine land reclamation. The proposed change of date in

Alabama's emergency program section of the AMLR Plan was withdrawn.

Based on the revisions to the proposed amendment submitted by

Alabama, OSM reopened the public comment period in the June 1, 1994,

Federal Register (59 FR 28302). The public comment period closed on

June 16, 1994.

III. Director's Findings

Set forth below, pursuant to SMCRA and the Federal regulations at

30 CFR 884.14 and 885.15, are the Director's findings concerning the

proposed amendment submitted on October 1, 1993, and revised on April

5, 1994. Revisions not specifically discussed below concern

nonsubstantive wording changes, or revised cross-references and

paragraph notations to reflect organizational changes resulting from

this amendment.

1. Procedures for Ranking and Selecting/Landowner's Guide to

Reclamation

Alabama is proposing to revise its ranking and selection procedures

for abandoned mine land reclamation projects and right of entry

procedures as provided in the reclamation guidelines for landowners by

extending abandoned mine land eligibility to sites mined after August

3, 1977. Those sites would include: a) sites mined during the period

beginning on August 4, 1977, and ending on or before May 20, 1982, for

which funds for reclamation or abatement pursuant to a bond or other

form of financial guarantee or from any other source are not sufficient

to provide for adequate reclamation or abatement; or b) sites mined

during the period beginning on August 4, 1977, and ending on or before

November 5, 1990, and for which the surety of the mining operator

became insolvent and there were not sufficient funds to provide for

adequate reclamation or abatement.

The proposed State revisions pertaining to ranking and selection

and landowner's guidelines to reclamation are substantively identical

to section 402(g)(4)(B) (i) and (ii) of SMCRA. Therefore, the Director

finds the proposed State rules no less effective than the Federal rules

at section 402(g)(4)(B) (i) and (ii).

2. Senate Bill 162--Definition

In section 9-16-121 of Senate bill 162, Alabama revised the

statutory definition of ``abandoned mine lands'' to include certain

lands affected by the mining of coal prior to November 5, 1990. In

section 9-16-124, Alabama defined lands and water eligible for

reclamation or drainage abatement expenditures as those which were

mined for coal or which were affected by the mining or coal mining

processes, and abandoned or left in an inadequate reclamation status

prior to November 5, 1990, and for which there is no continuing

reclamation responsibility under existing State or Federal law.

While the Federal rules do not contain a definition of ``abandoned

mine lands,'' section 404 of SMCRA defines eligible lands and water.

Further, section 402(g)(4) of SMCRA specifies certain criteria which

sites must satisfy in order to meet AML eligibility requirements.

Although Alabama's statutory language lacks the specificity of section

402(g)(4) of SMCRA, the Alabama Plan is being revised, as discussed in

Finding 1, to include the more restrictive language provided by SMCRA.

Therefore, the Director finds the revised definitions in Senate Bill

162 not inconsistent with the Federal rules at sections 402(g)(4) and

404 of SMCRA.

IV. Summary and Disposition of Comments

Public Comments

The Director solicited public comments and provided an opportunity

for a public hearing on the proposed amendment submitted on October 1,

1993. No public comments were received, and because no one requested an

opportunity to testify at a public hearing, no hearing was held.

The Director reopened the public comment for the revised amendment

submitted on April 5, 1994. No comments were received.

Agency Comments

Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited

comments from the Administrator of the U.S. Environmental Protection

Agency (EPA), the Secretary of the U.S. Department of Agriculture, and

the heads of other Federal agencies with an actual or potential

interest in the Alabama program. No comments were received.

Environmental Protection Agency

Under 30 CFR 732.17(h)(11)(ii), the Director is required to obtain

the written concurrence of the Administrator of the EPA with respect to

any provisions of a State program amendment that relate to air or water

quality standards promulgated under the authority of the Clean Air Act

(42 U.S.C. 7401 et seq.) or the Clean Water Act (33 U.S.C. 1251 et

seq.). The Director has determined that this amendment contains no

provisions in these categories and that EPA's concurrence is not

required.

V. Director's Decision

Based on the above findings, the Director is approving the program

amendment submitted by Alabama on October 1, 1993, and revised on April

5, 1994.

The Federal regulations at 30 CFR Part 901 codifying decisions

concerning the Alabama program are being amended to implement this

decision. This final rule is being made effective immediately to

expedite the State program amendment process and to encourage States to

bring their programs in conformity with the Federal standards without

delay. Consistency of State and Federal standards is required by SMCRA.

VI. Procedural Determinations

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).

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, 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. 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 submittal which is the subject of this rule is based upon

corresponding 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

previously promulgated by OSM will be implemented. 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: June 23, 1994.

Robert J. Biggi,

Acting Assistant Director, Eastern Support 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 901--ALABAMA

1. The authority section for Part 901 continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. In Sec. 901.25, a new paragraph (d) is added to read as follows:

Sec. 901.25 Amendment to approved Alabama Abandoned Mine Land

Reclamation Plan.

* * * * *

(d) The Alabama amendment revising the eligibility date for

abandoned mine land reclamation and the definition of ``abandoned mine

lands'' submitted on October 1, 1993, and revised on April 5, 1994, is

approved effective June 30, 1994.

[FR Doc. 94-15862 Filed 6-29-94; 8:45 am]

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