# Maryland Abandoned Mine Lands Reclamation Plan > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-27981 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** November 14, 1994 ## Text DEPARTMENT OF THE INTERIOR 30 CFR Part 920 [MD-031] Maryland Abandoned Mine Lands Reclamation Plan AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), Interior. ACTION: Proposed rule; reopening and extension of public comment period. ----------------------------------------------------------------------- SUMMARY: OSM is announcing the receipt of additional materials pertaining to a previously proposed amendment to the Maryland Abandoned Mine Lands (AML) Reclamation Plan (hereinafter referred to as the Maryland Plan) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Maryland submitted House Bill 1522 which revises section 7-906(b) of the Natural Resources Article, Subtitle 9, of the Annotated Code of Maryland to reflect extended eligibility dates for the reclamation of mine sites. Maryland also revised its Plan to specify that eligible interim program sites are those on which mining ended on or before the Secretary of the Interior's approval of Maryland's regulatory program. DATES: Written comments must be received by 4 p.m., E.S.T. November 29, 1994. ADDRESSES: Written comments should be mailed or hand delivered to Robert J. Biggi, Director, Harrisburg Field Office at the address listed below. Copies of the Maryland plan, the proposed amendment, and all written comments received in response to this document will be available for public review at the addresses listed below during normal business hours, Monday through Friday, excluding holidays. Each requestor may receive one free copy of the proposed amendment by contacting OSM's Harrisburg Field Office. Robert J. Biggi, Director, Harrisburg Field Office, OSM, Harrisburg Transportation Center, Third Floor, Suite 3C, 4th and Market Streets, Harrisburg, Pennsylvania 17101, Telephone: (717) 782-4036. Maryland Bureau of Mines, 160 South Water Street, Frostburg, Maryland 21532, Telephone: (301) 689-4136. FOR FURTHER INFORMATION CONTACT: Robert J. Biggi, Director, Harrisburg Field Office, Telephone (717) 782-4036. SUPPLEMENTARY INFORMATION: The Secretary of the Interior approved the Maryland Plan effective July 16, 1982. Information on the background of the Maryland Plan including the Secretary's findings, and the disposition of comments can be found in the June 16, 1982, Federal Register (47 FR 25955). Effective March 22, 1993, the Maryland Plan was amended to allow for the new acid mine drainage and abatement initiative provided under the AML Reclamation Act of 1990 Pub. L. 101- 508). The Secretary's findings and the disposition of comments relative to the Plan amendment can be found in the March 22, 1993, Federal Register (58 FR 15272). Subsequent actions concerning the conditions of approval and amendments to the Plan can be found at 30 CFR 920.20 and 9120.25. II. Discussion of Amendment By letter dated August 19, 1993, Maryland submitted a proposed amendment to revise the Maryland Plan (Administrative Record No. MD- 565.00). Maryland proposed to amend its Plan to allow for two new initiatives. OSM announced receipt of the amendment in the September 21, 1993, Federal Register (58 FR 48998), and in the same document, provided an opportunity for a public hearing on the adequacy of the proposed amendment. The public comment period ended on October 21, 1993. During its review of the amendment, OSM identified concerns relating to the extended eligibility dates for interim mine sites and the use and source of funds. OSM notified Maryland of these concerns by letter dated November 2, 1993 (Administrative Record No. MD-565.06). By letters dated August 3, 1994 (Administrative Record No. MD-565.07), and September 1, 1994 (Administrative Record No. MD-565.08), Maryland responded to OSM's concerns by submitting additional explanatory information. On August 3, 1994, Maryland also submitted House Bill 1522 which revised section 7-906 of the Natural Resources Act, Subtitle 9, of the Annotated Code of Maryland. The statutory language was revised to extend the eligibility dates for the reclamation of mine sites by including lands and waters made eligible through amendments to SMCRA, as amended October 1, 1994. On September 1, 1994, Maryland revised its Plan to specify that eligible interim sites are those on which mining ended on or before the Secretary's approval of Maryland's regulatory program. OSM approved the Maryland program on December 1, 1980 (45 FR 79449). III. Public Comment Procedures OSM is reopening the comment period on the proposed Maryland program amendment to provide the public an opportunity to consider the adequacy of the proposed amendment in light of the revisions contained in House Bill 1522. In accordance with the provisions of 30 CFR 732.17(h), 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 Maryland program. Written Comments Written comments should be specific, pertain only to the issues proposed in this rulemaking, and include explanations in support of the commentor's recommendations. Comments received after the time indicated under DATES or at locations other than the Harrisburg Field Office will not necessarily be considered in the final rulemaking or included in the Administrative Record. IV. 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 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 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 920 Intergovernmental relations, Surface mining, Underground mining. Dated: November 4, 1994. Tim L. Dieringer, Acting Assistant Director, Eastern Support Center. [FR Doc. 94-27981 Filed 11-10-94; 8:45 am] BILLING CODE 4310-05-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-27981. Public record. Not legal advice.