Coal Formation Fire Control; Final Rule DEPARTMENT OF THE INTERIOR

SUMMARY: This rule implements a change to the mine fire control

activities under the authority of the Act of August 31, 1954, and

section 205 of the Appalachian Regional Development Act of 1965. The

amendments are due to changes enacted as part of the Energy Policy Act

of 1992, Public Law 102-486 (Oct. 24, 1992).

EFFECTIVE DATE: November 16, 1994.

FOR FURTHER INFORMATION CONTACT:

Thomas E. Browne, Office of Surface Mining Reclamation and Enforcement,

U.S. Department of the Interior, 1951 Constitution Avenue NW.,

Washington, DC 20240; Telephone: 202-208-2661.

SUPPLEMENTARY INFORMATION:

I. Background

II. Organization

III. Final Rules and Disposition of Comments

IV. Procedural Matters

1. Background

A. Summary of the Act of August 31, 1954

Congress recognized that outcrop and underground fires in coal

formations waste the fuel resources of the nation and are a menace to

the health and safety of the public and surface property. Congress

therefore passed the Act of August 31, 1954 (30 U.S.C. 551-558), to

provide for the control and extinguishment of outcrop and underground

coal fires. The Secretary of the Interior was authorized: (a) to

conduct surveys, investigations, and research related to the causes and

extent of outcrop and underground fires in coal formations and the

methods for control or extinguishment of such fires; to publish the

results of any such surveys, investigations, and research; and to

disseminate information concerning such methods; and (b) to plan and

execute projects for control or extinguishment of fires in coal

formations. These projects could be performed on lands owned or

controlled by the United States or any of its agencies, with the

cooperation of the agency having jurisdiction thereof, and on other

lands upon obtaining proper consent or the necessary rights or

interests in such lands. Federal funds could not be used to control or

extinguish fires in any privately owned operating coal mine.

The United States Bureau of Mines was initially responsible for

carrying out the provisions of this law, the only Federal program

providing funding for the control of coal fires. With the passage of

the Surface Mining Control and Reclamation Act of 1977 (SMCRA), Pub. L.

95-87, 30 U.S.C. 1201 et seq., on August 3, 1977, federal funds became

available through the Abandoned Mine Land (AML) program to extinguish

or control coal fires at eligible AML sites. In 1983, the

responsibility for implementing the Act of August 31, 1954, was

transferred to OSM.

B. Summary of Section 2504(d), ``Coal Formations'' of the Energy Policy

Act of 1992

The Energy Policy Act of 1992 provided additional authority for

States or Indian tribes regarding projects for the control of outcrop

or underground fires in coal formations under the authority of the Act

of August 31, 1954 (30 U.S.C. 551-558), and pursuant to subsection

(a)(2) of section 205 of the Appalachian Regional Development Act of

1965 (Pub. L. 89-4, 79 Stat. 5). The 1992 amendments authorize the

Secretary, acting through the Director of the Office of Surface Mining,

to enter into cooperative agreements with States or Indian tribes

having approved abandoned mine land programs to plan and execute

projects for the control or extinguishment of fires in coal formations.

The amendments provide further that for States or Indian tribes with

approved AML programs, any matching share contributions are waived. In

addition, the $500,000 annual limit on the total amount of funds that

can be appropriated to carry out the provisions and purposes of the Act

of August 31, 1954, was eliminated. Further, any such cooperative

agreement that is entered into under the Energy Policy Act of 1992 with

an AML State eligible to receive funds from the Appalachian Regional

Development Commission is not subject to review by that Commission.

Congress did not provide a source of funding for these cooperative

agreements to extinguish or control coal formation fires in the Energy

Policy Act of 1992. Congress may appropriate funding in the future.

C. Relationship of the Coal Formation Fire Control Program to the OSM

AML Program

While the Department of the Interior program to extinguish or

control coal outcrop fires predates SMCRA and is not funded with AML

monies, it and SMCRA's AML program are interrelated. Often the same

people are responsible for managing both the coal outcrop fire and the

AML reclamation programs. Funds available through the coal outcrop fire

program may be used to control or extinguish fires in any coal

formation, except in any privately owned operating coal mine. Funds

available through the AML program can only be used to control or

extinguish fires involving eligible abandoned mine lands. Section

401(d) of SMCRA states that monies from the AML Fund are only available

for the purposes of SMCRA's Title IV-Abandoned Mine Reclamation.

D. Proposed Rules

OSM published proposed rules (58 FR 68494, December 27, 1993) to

its regulations implementing changes enacted as part of the Energy

Policy Act of 1992, Public Law 102-486 (Oct. 24, 1992). During the

comment period on the proposed rules, OSM received comments from two

state AML programs.

Pursuant to Executive Order 12866, every Federal agency is required

within applicable statutory limits to choose regulatory goals that

maximize benefits to society and select the most effective means to

achieve these goals. To this end OSM has received comments and

recommendations from the public.

All comments received during the comment period were considered in

this rulemaking process, and all substantive comments received are

addressed in the following preamble.

II. Organization

The regulatory revisions are intended to implement the requirements

of the Act of August 31, 1954, consistent with the purposes stated in

the Act, its legislative history, and the Secretary's commitment to

avoid excessive and burdensome regulations. These final rules implement

changes to the coal formation fire control program which was amended as

part of the Energy Policy Act of 1992, 102-486 (Oct. 24, 1992). The

material is organized into sections which comprise 30 CFR Part 880. At

the end of each section, any comments received from interested parties

are addressed.

III. Final Rules and Disposition of Comments

Part 880 Mine Fire Control

General

To reflect the new legislative provisions in the Energy Policy Act

of 1992 pertaining to coal outcrop fires, OSM is amending Part 880 of

Chapter VII, Subchapter R. Part 880 is renamed ``Mine Fire Control'' to

reflect the greater geographic expanse of its provisions. The Abandoned

Mine Land Program currently has 23 States and three Indian tribes with

approved programs that are now eligible to participate under the new

provisions. The old Title--Mine Fire Control, Appalachia--is no longer

indicative of its provisions. OSM is amending the authority section to:

1) include the Energy Policy Act of 1992, Pub. L. 102-486, and 2)

delete Pub. L. 95-87 (SMCRA) since none of the authority for the coal

formation fire control program comes from SMCRA.

The current numbering system used in Part 880 is not consistent

with that used elsewhere in OSM regulations. Therefore, the sections

have been redesignated as follows:

Existing Redesignated

Sec. 880.2 Sec. 880.5

Sec. 880.3 Sec. 880.11

Sec. 880.4 Sec. 880.12

Sec. 880.5 Sec. 880.13

Sec. 880.6 Sec. 880.14

Sec. 880.7 Sec. 880.15

Sec. 880.8 Sec. 880.16

The authority to fund projects to address coal outcrop fires comes

from the Act of August 31, 1954 (30 U.S.C. 551-558); section 205(a)(2)

of the Appalachian Regional Development Act of 1965 (Pub. L. 89-4, 79

Stat. 5); and the Energy Policy Act of 1992 (Pub. L. 102-486). None of

the authority comes from SMCRA. The Energy Policy Act of 1992 did not

provide any funds to address coal output fires. AML funds can only be

used to control or extinguish fires involving eligible abandoned mine

land.

Section 880.2 (Redesignated 880.5) Definitions

The definition of State was deleted as it limited States to those

listed in section 403 of the Appalachian Regional Development Act of

1965. Funds made available under the Act of August 31, 1954, and the

Energy Policy Act of 1992, can be used in any State or by Indian tribe.

The definition for Local authorities was modified to make it clearer. A

definition was added for Approved abandoned mine reclamation program

stating it means a program meeting the requirements defined in Section

405 of the Surface Mining Control and Reclamation Act of 1977, as

amended, and for two terms in the Act of August 31, 1954, Operating

coal mine and Inactive coal mine, to relate them to terms in the

Surface Mining Control and Reclamation Act of 1977, as amended. Project

is defined as ``a project whose purpose is to control or extinguish

fires in coal formations.''

No comments were received on this section.

Section 880.3 (Redesignated 880.11) Qualifications of Projects

This section was revised to include the provision in the Act of

August 31, 1954, that Federal funds cannot be used to fund projects to

control or extinguish fires in coal formations in privately owned

operating coal mines. It was also amended to provide that only projects

funded by the Appalachian Regional Development Commission must be

submitted by the State to the Commission and receive the approval of

that body. This Commission has not funded such projects in many years.

No comments were received on this section.

Section 880.4 (Redesignated 880.12) Cooperative Agreements

This section was revised to state clearly the roles of OSM, States,

Indian tribes, and other Federal agencies when extinguishing or

controlling coal formation fires under the authority of these

regulations. Paragraph 880.12 (a) states that OSM shall, upon

application by a State or Indian tribe with an approved abandoned mine

reclamation program, enter into a cooperative agreement with the State

or Indian tribe to control or extinguish fires in coal formations.

One commenter noted that it did not see a need for OSM to enter

into a cooperative agreement with States or Indian tribes that already

have existing approved abandoned mine reclamation programs. It argued

the outcrop coal fire projects should be handled via the same process

as any other ``simplified grant project.'' The commenter went on to say

that it can see no practical reason to establish a new procedural

framework for this type of activity. The establishment of a new

cooperative agreement by OSM to address coal outcrop fires does not

comply with Executive Order 12778 which directs Federal agencies to

promote ``simplification and burden reduction.''

OSM has not accepted this comment. Congress directed that OSM

shall, upon application by a State or Indian tribe having an approved

abandoned mine land program, enter into a cooperative agreement with

that State or Indian tribe to control or extinguish coal formation

fires. While OSM is committed to simplifying its procedures, OSM

believes it is not appropriate to use AML simplified grants to fund

projects under the authority of the Act of August 31, 1954, and the

Energy Policy Act of 1992 to extinguish or control fires in coal

formations. Congress did not identify a source of funds for such

projects to extinguish or control fires in coal formations. OSM

anticipates that if funds are made available in the future, they will

be used to address fires not eligible for AML funding. AML funds cannot

be used to address fires on lands not eligible for AML funding such as

outcrop fires where no prior mining has occurred. Since the simplified

grants are used to fund eligible AML projects, OSM does not want to mix

funds for eligible and ineligible AML projects in one funding

mechanism. Also, quite likely, these cooperative agreements will have

to contain provisions unique to the coal formation fire control

program.

Paragraph 880.12(b) authorizes OSM to conduct the fire control

projects in those States and with those Indian tribes not having an

approved abandoned mine reclamation program. However, upon application

by such a State or Indian tribe, OSM may enter into a cooperative

agreement with the State or Indian tribe to fund the control or

extinguishment of fires in coal formations. The Act of August 31, 1954,

requires that if a coal fire is in an inactive coal mine on lands now

owned or controlled by the United States or any of its agencies, except

where the project is necessary for the protection of lands or other

property owned or controlled by the United States or any of its

agencies, that: (1) the State or Indian tribe or the person owning or

controlling such lands contribute on a matching basis 50 percent of the

cost of planning and executing such project; or (2) if the State or

Indian tribe or the person furnishes evidence satisfactory to the

Secretary of an inability immediately to make the matching

contribution, that such State or Indian tribe or person pay the

Government, within such time as the Secretary shall determine, an

amount equal to 50 percent of the cost of planning and executing such

project. The Energy Policy Act of 1992 waived this requirement in

States or Indian tribes with an approved abandoned mine reclamation

program.

The same commenter noted that it believes the intent of Congress

(in the 1992 Energy Policy Act) was to make Federal funds available for

the total cost of abatement of coal fires on all lands in the United

States. OSM does not accept this comment. OSM is proposing 100 percent

Federal funding for extinguishment of fires in States or Indian tribes

having approved AML programs and on Federal lands. Fire abatement on

other lands would be funded by a 50/50 cost-share approach. Paragraph

880.12(b) pertains only to those States or Indian tribes not having an

approved AML program. As stated above, Congress only waived the

requirement for cost sharing on non-Federal lands for States or Indian

tribes having approved AML programs.

Paragraph (c) establishes that OSM is also authorized to conduct

fire control projects on lands owned or controlled by the United

States, with the cooperation of the agency having jurisdiction thereof.

However, upon application by another Federal agency having jurisdiction

for lands owned or controlled by the United States, OSM may enter into

an agreement with the other Federal agency to control or extinguish

such fires in coal formations.

The same commenter did not think that OSM (or the Federal agency

having jurisdiction for Federal lands) should be the only one

conducting coal formation fire control projects on Federal lands. The

commenter suggested that States or Indian tribes having responsibility

for conducting AML projects on Federal lands within their boundaries

should also have responsibility for conducting coal formation fire

control projects on Federal lands within their boundaries.

OSM accepts this comment in part. OSM wants the coal outcrop fire

program to be run as efficiently and cost effectively as possible. OSM

would encourage a State or Indian tribe to be responsible for a coal

outcrop fire project on Federal lands if it appears to be more cost

effective and if the entity's agreements to conduct AML projects on

Federal lands within its boundaries also apply to non-AML funded

projects. OSM, not the State or Indian tribe, will decide which

projects will be funded under the authorities listed in section 880.1,

Scope, within a State's or Indian tribe's border, including projects on

Federal lands.

OSM removed paragraph (d) of section 880.4 (redesignated 880.12),

which stated that none of the funds contributed by the Government or

the State or Indian tribe or the local authorities shall be used for

the purchase of sand, clay, stone, or other noncombustible materials

used to control or extinguish the fire. A review of the pertinent

legislation found no such restriction. In many cases, it might be

impossible to extinguish or control a coal fire if Federal or State or

Indian tribe funds could not be used to purchase sand, clay, stone,

chemical foams, or other noncombustible materials used to control or

extinguish the fire.

Section 880.5 (Redesignated 880.13) Project Implementation

The title of section 880.5 (redesignated 880.13) was changed from

``Project contract'' to ``Project implementation.'' Most of this

section contained guidance relative to the contracting procedures to be

followed for the extinguishment or control of coal formation fires.

Paragraphs (a) and (b) establish responsibilities for implementing

projects to extinguish or control coal formation fires in States or

Indian tribes having an approved abandoned mine land program and in

other States, Indian lands, or on Federal lands. A commenter suggested

deletion of paragraphs (a) (1) and (2) as States or Indian tribes with

approved AML programs routinely perform the described tasks for all AML

projects. The commenter questioned why the States or Indian tribes need

a new cooperative agreement that tells them to do things they do

already.

OSM does not accept this comment, as discussed above in relation to

paragraph 880.4(a) (redesignated 880.12(a)). Paragraph (a)(2)'s

requirement that if OSM assistance is required, OSM will be reimbursed

by the State or Indian tribe for all costs incurred including

employee's time, must remain in the rule. OSM anticipates that in most

instances, aid will be provided by employees whose salaries are paid

out of the AML fund. Because AML funds cannot be used to address

projects not eligible for AML funding, and because OSM anticipates that

most coal formation fire projects will address fires not eligible for

AML funding, it will often be necessary for States or Indian tribes to

reimburse OSM for any services provided.

OSM removed paragraphs (c) and (d) pertaining to contracts as none

of the legislation authorizing this program set out any special

contracting requirements. Normal contracting procedures for Federally

funded contracts as set out in OSM Directive GMT 10, ``Federal

Assistance Manual,'' and other relevant documents are to be followed.

In many instances, fire control projects must be initiated quickly to

prevent the fire from becoming much larger or to control quickly a

threat to public health and safety. States or Indian tribes entering

into cooperative agreements with OSM to extinguish or control coal

formation fires may need to use more expedited contracting procedures

than those used for regular AML projects. States managing their

emergency AML programs have often had to develop more expedited

contracting procedures. Sometimes new legislation has been required to

do so.

Section 880.6 (Redesignated 880.14) Administration of Contributions

OSM modified this section to recognize that, while some projects to

extinguish or control coal formation fires may be implemented by OSM,

others may be implemented by States or Indian tribes or another Federal

agency.

A commenter noted that if outcrop fires were funded as a regular

AML grant item, there would be no need to implement any of the changes

proposed in this section. OSM does not accept this comment for the

reasons previously discussed under section 880.4 (redesignated 880.12).

Section 880.7 (Redesignated 880.15) Assistance by States, Local

Authorities, and Private Parties

This section was amended to acknowledge that private parties may,

when appropriate, provide assistance.

A commenter suggested that this section be deleted because the

language in this section clearly states that all the support for the

project work must be provided (upon request) by States, Indian tribes,

local, or private parties. OSM does not accept this comment. This

section does not require that States, Indian tribes, local authorities,

or private parties support for a coal formation fire project. It says

that as appropriate, they may provide assistance.

IV. Procedural Matters

Paperwork Reduction Act

This rule does not contain collections of information that require

approval by the Office of Management and Budget under 44 U.S.C. 3501 et

seq.

Author

The principal author of this rule is Thomas E. Browne, Division of

Abandoned Mine Land Reclamation, Office of Surface Mining Reclamation

and Enforcement, U.S. Department of the Interior, 1951 Constitution

Avenue, N.W., Washington, D.C. 20240; Telephone: 202-208-2661.

Executive Order 12866

This rule is not subject to Office of Management and Budget review

under Executive Order 12866.

Regulatory Flexibility Act

In accordance with the Regulatory Flexibility Act, 5 U.S.C. 601 et

seq., the Department of the Interior has determined that this rule will

not have a significant economic effect on a substantial number of small

entities. The rule facilitates voluntary cooperative agreements between

OSM and States or Indian tribes for the purpose of extinguishing fires

in coal formation outcrops.

Executive Order 12778 on Civil Justice Reform

This rule has been reviewed under the applicable standards of

section 2(b)(2) of Executive Order 12778, Civil Justice Reform (56 FR

55195). In general, the requirements of section 2(b)(2) of Executive

Order 12778 are covered by the preamble discussion of this rule.

Additional remarks follow concerning individual elements of the

Executive Order:

A. What is the preemptive effect, if any, to be given to the

regulation?

This rule will have no preemptive effect on State or Tribal laws or

regulations.

B. What is the effect on existing Federal law or regulation, if

any, including all provisions repealed or modified?

This rule modifies the AML program regulations pursuant to the Act

of August 31, 1954 (30 U.S.C. 551-558); section 205(a)(2) of the

Appalachian Regional Development Act of 1965 (Pub. L. 89-4, 79 Stat.

5), and the Energy Policy Act of 1992, Pub. L. 102-486, as described

herein, and is not intended to modify the rules or provisions of any

other Federal statute. The preceding discussion of this rule specifies

the Federal regulatory provisions that are affected by this rule.

C. Does the rule provide a clear and certain legal standard for

affected conduct rather than a general standard, while promoting

simplification and burden reduction?

The standards established by this rule are as clear and certain as

practicable, given the complexity of the topics covered and the

mandates of the Act of August 31, 1954 and the Energy Policy Act of

1992.

D. What is the retroactive effect, if any, to be given to the

regulation?

This rule is not intended to have retroactive effect.

E. Are administrative proceedings required before parties may file

suit in court? Which proceedings apply? Is the exhaustion of

administrative remedies required?

No administrative proceedings are required before parties may file

suit in court challenging the provisions of this revision. Prior to any

judicial challenge to the application of the revision, however,

administrative procedures must be exhausted.

F. Does the rule define key terms, either explicitly or by

reference to other regulations or statutes that explicitly define those

items?

Terms that are important to the understanding of this rule are set

forth in 30 CFR 880.5.

G. Does the rule address other important issues affecting clarity

and general draftsmanship of regulations set forth by the Attorney

General, with the concurrence of the Director of the Office of

Management and Budget, that are determined to be in accordance with the

purposes of the Executive Order?

The Attorney General and the Director of the Office of Management

and Budget have not issued any guidance on this requirement.

National Environmental Policy Act

OSM has prepared an environmental assessment (EA) and has made a

finding that this rule would not significantly affect the quality of

the human environment under section 102(2)(C) of NEPA, 42 U.S.C.

4332(2)(C). The EA and finding of no significant impact are on file in

the OSM Administrative Record, Room 660, 800 N. Capitol St., NW.,

Washington, DC.

List of Subjects in 30 CFR Part 880

Appalachia, Fire control or extinguishment, Government contracts,

Grant programs--Natural Resources, Mine safety and health.

Dated: August 18, 1994.

Bob Armstrong,

Assistant Secretary, Land and Minerals Management.

Accordingly, 30 CFR Part 880 is amended as set forth below:

CHAPTER VII--OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT,

DEPARTMENT OF THE INTERIOR

SUBCHAPTER R--ABANDONED MINE LAND RECLAMATION

1. The Title of Part 880 is revised to read as follows:

PART 880--MINE FIRE CONTROL

2. The authority citation for part 880 is revised to read as

follows:

Authority: 30 U.S.C. 551-558, 40 U.S.C. App. 205, and Pub. L.

102-486.

3. Sections 880.2 through 880.8 are redesignated as follows:

Old Section New Section

880.2 880.5

880.3 880.11

880.4 880.12

880.5 880.13

880.6 880.14

880.7 880.15

880.8 880.16

4. Section 880.1 is revised to read as follows:

Sec. 880.1 Scope.

Projects for the control or extinguishment of outcrop or

underground fires in coal formations under the authority of the Act of

August 31, 1954 (30 U.S.C. 551-558); section 205(a)(2) of the

Appalachian Regional Development Act of 1965 (Pub. L. 89-4, 79 Stat.

5), and the Energy Policy Act of 1992 (Pub. L. 102-486).

5. Newly designated Sec. 880.5 is amended by removing paragraph

(c); by redesignating paragraph (d) as (c) and revising it; and adding

new paragraphs (d), (e), (f), and (g) to read as follows:

Sec. 880.5 Definitions.

* * * * *

(c) Local authorities means the State or local governmental bodies

organized and existing under the authority of State laws, including,

but not limited to, a county, city, township, town, or borough;

(d) Approved abandoned mine reclamation program means a program

meeting the requirements defined in Section 405 of PL 95-87, as

amended;

(e) Operating coal mine means a coal mine for which the regulatory

authority has not terminated its jurisdiction as set out under 30 CFR

700.11(d)(1);

(f) Inactive coal mine means a coal mine for which the regulatory

authority has terminated its jurisdiction as set out under 30 CFR

700.11(d)(1);

(g) Project means a project whose purpose is to control or

extinguish fires in coal formations.

6. Newly designated Sec. 880.11 is revised to read as follows:

Sec. 880.11 Qualifications of projects.

The purpose of all projects is to prevent injury and loss of life,

protect public health, conserve natural resources, or protect public

and private property. Federal funds cannot be used to fund projects in

privately owned operating coal mines. Further, any such cooperative

agreement that is entered into under the Energy Policy Act of 1992 with

an AML State eligible to receive funds from the Appalachian Regional

Development Commission is not subject to review by that Commission.

7. Newly designated Sec. 880.12 is revised to read as follows:

Sec. 880.12 Cooperative agreements.

(a) OSM shall, upon application by a State or Indian tribe with an

approved abandoned mine reclamation program, enter into a cooperative

agreement with the State or Indian tribe to control or extinguish fires

in coal formations.

(b) OSM may conduct coal formation fire control projects in States

not having an approved abandoned mine reclamation program or on Indian

lands if the tribe does not have an approved abandoned mine reclamation

program. However, upon application by such a State or Indian tribe, OSM

may enter into a cooperative agreement with the State or Indian tribe

and the local authorities to control or extinguish fires in coal

formations. OSM shall require in connection with any project for the

control or extinguishment of fires in any inactive coal mine on lands

not owned or controlled by the United States or any of its agencies,

except where such project is necessary for the protection of lands or

other property owned or controlled by the United States or any of its

agencies in such a State that: (1) the State or the person owning or

controlling such lands contribute on a matching basis 50 percent of the

cost of planning and executing such project, or (2) if such State or

person furnishes evidence satisfactory to the Secretary of an inability

to make the immediately matching contribution herein provided for, that

such State or person pay the Government, within such time as the

Secretary shall determine, an amount equal to 50 percent of the cost of

planning and executing such project. If the project is funded by the

Appalachian Regional Commission, the Federal share shall not exceed 75

percent of the cost of the project.

(c) OSM is authorized to conduct fire control projects on lands

owned or controlled by the United States. However, upon application by

another Federal agency having jurisdiction for lands owned or

controlled by the United States, or a State or Indian tribe having an

approved abandoned mine reclamation program and agreements with Federal

agencies to conduct such projects on Federal lands within its

boundaries, OSM may enter into an agreement with either the other

Federal agency or State or Indian tribe to control or extinguish fires

in coal formations. There are no cost sharing requirements for this

type of project.

8. Newly designated Sec. 880.13 is revised to read as follows:

Sec. 880.13 Project implementation.

(a) Under cooperative agreements with States or Indian tribes

having an approved AML reclamation plan:

(1) States or Indian tribes will design, plan, and engineer a

method of operation for control or extinguishment of the outcrop or

underground mine fire, and will execute the project through a project

contract, or, if the work is to be done in phases, a series of project

contracts.

(2) If OSM assistance is required, OSM will be reimbursed by the

State or Indian tribe for all costs incurred, including OSM employees'

time.

(b) In States and on Indian lands under the jurisdiction of tribes

not having approved AML reclamation plans and on Federal lands, OSM has

the authority to design, plan, and engineer a method of operation for

control or extinguishment of the outcrop or underground mine fire, and

will execute the project through a project contract, or, if the work is

to be done in phases, a series of project contracts. OSM, may, at its

discretion, delegate authority to perform this work to States or Indian

tribes or other Federal agencies.

9. Newly designated Sec. 880.14 is revised to read as follows:

Sec. 880.14 Administration of contributions.

Financial contributions made by a State or Indian tribe, local

authorities, or another Federal agency will be deposited in a trust

fund in the Treasury of the United States. These contributions can be

withdrawn by OSM and expended by the organization executing the project

(OSM, a State, Indian tribe, or another Federal agency) pursuant to the

cooperative agreement as necessary in performance of the project work.

Withdrawals and expenditures from the trust fund will be made only for

costs connected with the project. Any part of the money contributed by

a State, Indian tribe, local authority, or another Federal agency for

an individual project that remains unexpended upon the completion or

termination of project will be returned to the State, Indian tribe,

local authority, or other Federal agency.

10. Newly designated Sec. 880.15 is amended by revising the section

heading; by revising the introductory paragraph; and by revising

paragraphs (a), (b) and (g) to read as follows:

Sec. 880.15 Assistance by States or Indian tribes, local authorities,

and private parties.

States Indian tribes, local authorities, or private parties, as may

be appropriate in each particular project, and without cost or charge

to project costs may:

(a) Provide assistance in planning and engineering the project, as

requested by the organization executing the project;

(b) Furnish best available information, data, and maps on the

location of the project and the location of water, sewer, and power

lines within the project area, and maps or plats showing properties and

lands on which releases, consents, or rights or interests in lands have

been obtained;

* * * * *

(g) Furnish noncombustible materials suitable for implementing the

planned fire control work. This material may be waste or borrow

material obtained at the site or brought in from off-site.

* * * * *

[FR Doc. 94-25539 Filed 10-14-94; 8:45 am]

BILLING CODE 4310-05-M