Missouri Abandoned Mine Lands Reclamation Plan

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 925

Missouri Abandoned Mine Lands Reclamation Plan

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

Interior.

ACTION: Proposed rule; public comment period and opportunity for public

hearing on proposed amendment.

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SUMMARY: OSM is announcing the receipt of a proposed amendment to the

Missouri Abandoned Mine Lands (AML) State Reclamation Plan

(hereinafter, the ``Missouri Plan'') under the Surface Mining Control

and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of

changes to Missouri statute, regulations, and reclamation plan

provisions of the AML program pertaining to powers of the commission,

AML reclamation fund, AML reclamation general requirements,

identification and establishment of reclamation priority of sites,

elimination of selected priority sites, project evaluation and ranking,

and purchasing and procurement. The amendment is intended to revise the

State AML Plan to be consistent with the corresponding Federal

standards, clarify ambiguities, and improve operational efficiency.

This notice sets forth the times and locations that the Missouri

AML Plan and proposed amendment to that Plan are available for public

inspection, the comment period during which interested persons may

submit written comments on the proposed amendment, and procedures that

will be followed regarding the public hearing, if one is requested.

DATES: Written comments must be received by 4:00 p.m., c.s.t. January

12, 1995. If requested, a public hearing on the proposed amendment will

be held on January 9, 1995. Requests to present oral testimony at the

hearing must be received by 4:00 p.m., c.s.t. on December 28, 1994.

ADDRESSES: Written comments should be mailed or hand delivered to

Michael C. Wolfrom at the address listed below.

Copies of the Missouri AML Plan, 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 requester may

receive one free copy of the proposed amendment by contacting OSM's

Kansas City Field Office.

Michael C. Wolfrom, Acting Director, Kansas City Field Office, Office

of Surface Mining Reclamation and Enforcement, 934 Wyandotte, Room 500,

Kansas City, MO 64105, Telephone: (816) 374-6405.

Missouri Department of Natural Resources, Land Reclamation Program, 205

Jefferson Street, P.O. Box 176, Jefferson City, MO 65102, Telephone:

(314) 751-4041.

FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, telephone: (816)

374-6405.

SUPPLEMENTARY INFORMATION:

I. Background

Title IV of SMCRA established an Abandoned Mine Land Reclamation

(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 was 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. The Secretary adopted AML regulations (59

FR 28136, May 31, 1994) at 30 CFR Subchapter R, Parts 795, 870, 872,

873, 874, 875, 876, and 886 to implement this act. 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 Missouri AMLR Plan on

January 29, 1982. Information pertinent to the general background of

the Missouri AMLR Plan submission, as well as the Secretary's findings

and the disposition of comments can be found in the January 29, 1982,

Federal Register (47 FR 4253). Subsequent actions concerning Missouri's

AMLR Plan and Plan amendments can be found at 30 CFR 925.25.

The Secretary 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 of

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

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

884.14 in approving and disapproving an amendment or revision.

II. Proposed Amendment

By letter dated November 29, 1994, (Administrative Record No. AML-

MO-89) Missouri submitted a proposed amendment to its AML Plan pursuant

to SMCRA. Missouri submitted the proposed amendment in response to a

letter from OSM dated September 26, 1994 (Administrative Record No.

AML-MO-88), in accordance with 30 CFR 884.15(b) concerning revisions to

the AML regulations at 30 CFR Chapter VII, Subchapter R (59 FR 28136,

May 31, 1994).

Missouri proposes to amend its statutes at RSMo Section 444.810,

Powers of Commission-abandoned mine reclamation fund created, purpose

as well as RSMo Section 444.915, Abandoned mine reclamation fund-

deposits and expenditures. Missouri proposes to amend its regulations

at 10 CSR 40-9.020 (1) and (3), Reclamation-General Requirements.

Missouri proposes to amend its AML Plan at Section 884.13(c)(2),

project ranking and selection procedures and Section 884.13(d)(3),

purchasing and procurement.

(1) 10 CSR 40-9.020(1) (D) and (E) and (3) General Requirements

The addition of subsections (D) and (E) make additional lands

eligible for reclamation activities where the coal mining site was

left: (1) either unreclaimed or inadequately reclaimed between August

4, 1977, and November 21, 1980, where funds or other financial

guarantees are not sufficient to provide or adequate reclamation or

abatement at the site; (2) either unreclaimed or inadequately reclaimed

between August 4, 1977, and November 5, 1990, and the surety of such

mining operator became insolvent during such period, and as of November

5, 1990, remaining funds or other financial guarantees are not

sufficient to provide for adequate reclamation or abatement at the

site; (3) the site meets priority objectives stated in subsections (4)

(A) and (B) of this rule. Priority will be given to those sites which

are in the immediate vicinity of a residential area or which have an

adverse economic impact upon a community; and (4) monies available from

sources outside the fund or which are ultimately recovered from

responsible parties involving lands eligible pursuant to (1)(D) of this

rule, shall either be used to offset the cost of the reclamation or

transferred to the fund if not required for further reclamation

activities at the permitted site. The definition of left and abandoned

in either an unreclaimed or inadequately reclaimed condition is revised

to be consistent with these changes.

(2) Section 884.13(c)(2) Project Ranking and Selection Procedures

The AMLR Plan is revised to require the submittal of the Abandoned

Mine Land Problem Area Description Form (OSM 76). This form will be

utilized in identifying problem area priorities and submitted to OSM

upon project completion to report actual reclamation accomplishments.

The AMLR Plan is revised to ensure that certain interim sites and

insolvent surety sites mined after August 3, 1977, may be eligible for

AML funding. Additional ineligible sites would include sites and areas

designated for remedial action pursuant to the Uranium Mill Tailings

Radiation Control Act of 1978 (42 U.S.C. 7901 et seq.) or that have

been listed for remedial action pursuant to the Comprehensive

Environmental Response Compensation and Liability Act of 1980 (42

U.S.C. 9601 et seq.).

(3) Section 884.13(d)(3), Purchasing and Procurement

Missouri is adding provisions that restrict the eligibility of

bidders and their subcontractors on AML contracts: (1) to any bidder or

equipment supplier whose firm or affiliate is not listed in the General

Services Administration publication entitled Lists of Parties Excluded

from Federal Procurement or Nonprocurement Programs; and (2) must be

eligible to receive a permit or conditional permit to conduct surface

coal mining operations as confirmed by OSM's Applicant/Violator System.

Missouri also adds a provision that AML State Share funds may be

requested annually for the Future Reclamation Set-Aside Program. The

funds would only be utilized to accomplish the purposes of P.L. 95-87

and only withdrawn after September 30, 1995. A separate accounting

system would be utilized for these funds.

(4) RSMo 444.810.2-8. Joint Committee on Administrative Rules

Missouri requires that any rules promulgated under the authority of

the Land Reclamation Commission shall not become effective until it has

been approved by the joint committee on administrative rules. Missouri

adds these subsections to provide the procedures necessary for this

review and approval process.

(5) RSMo 444.915.2(4), AML Reclamation Fund Expenditures

Missouri eliminates as a priority, expenditures for research and

demonstration projects relating to the development of surface mining

reclamation and water quality control program methods and techniques.

(6) RSMo 444.915.3, AML Reclamation Fund Eligibility

Missouri revises this subsection to require that AML fund monies

may be used if there is no continuing reclamation responsibility under

State or Federal laws for lands or water. Eligibility is defined in one

of three ways: (1) as lands and water affected by coal mining,

wastebanks, coal processing or other coal mining processes and

abandoned or left in an inadequate reclamation status prior to

September 28, 1979; (2) A finding must be made that the mining

operation occurred between August 4, 1977, and November 21, 1980, and

that available funds are insufficient for adequate reclamation or

abatement; or (3) A finding may also be made that the mining operation

occurred between August 4, 1977, and October 1, 1991, and that the

surety became insolvent during that period and that available funds are

not sufficient for adequate reclamation or abatement.

III. Public Comment Procedures

In accordance with the provisions of 30 CFR 884.14, OSM is seeking

comments on whether the proposed amendment satisfies the applicable

program approval criteria of 30 CFR 884.14 for the approval of

reclamation plan amendments. If the amendment is deemed adequate, it

will become part of the Missouri AMLR Plan.

Written Comments

Written comments should be specific, pertain only to the issue

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 Kansas City Field Office

will not necessarily be considered in the final rulemaking or included

in the administrative record.

Public Hearing

Persons wishing to testify at the public hearing should contact the

person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,

c.s.t. December 28, 1994. The location and time of the hearing will be

arranged with those persons requesting the hearing. If no one requests

an opportunity to testify at the public hearing, the hearing will not

be held.

Any disabled individual who has a need for a special accommodation

to attend a public hearing should contact the individual listed under

FOR FURTHER INFORMATION CONTACT.

Filing of a written statement at the time of the hearing is

requested as it will greatly assist the transcriber. Submission of

written statements in advance of the hearing will allow OSM officials

to prepare adequate responses and appropriate questions.

The public hearing will continue on the specified date until all

persons scheduled to comment have been heard. Persons in the audience

who have not been scheduled to testify, and who wish to do so, will be

heard following those who have been scheduled. The hearing will end

after all persons scheduled to testify and persons present in the

audience who wish to testify have been heard.

Public Meeting

If only one person requests an opportunity to testify at a hearing,

a public meeting, rather than a public hearing, may be held. Persons

wishing to meet with OSM representatives to discuss the proposed

amendment may request a meeting at the OSM office listed under FOR

FURTHER INFORMATION CONTACT. All such meetings will be open to the

public and, if possible, notices of meetings will be posted at the

locations listed under ADDRESSES. A written summary of each meeting

will be made a part of the administrative record.

IV. Procedural Determinations

Compliance With the 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)).

Compliance With Executive Order No. 12291

On July 12, 1984, the Office of Management and Budget (OMB) granted

OSM an exemption from sections 3, 4, 7, and 8 of Executive Order 12291

for actions related to approval or conditional approval of State

regulatory programs, actions, and program amendments. Therefore,

preparation of a Regulatory Impact Analysis is not necessary and OMB

regulatory review is not required.

Compliance With the Regulatory Flexibility Act

The Department of the Interior has determined that this rule will

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

entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

The State submittal, which is the subject of this rule, is based upon

counterpart 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

previously promulgated by OSM will be implemented by the State. In

making the determination as to whether this rule would have a

significant economic impact, the Department relied upon the data and

assumptions for the counterpart Federal regulations.

Compliance With 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 regulatory programs and

program amendments since each such program is drafted and promulgated

by a specific State, not by OSM. Under sections 503 and 505 of SMCRA

(30 U.S.C. 1253 and 1255) and 30 CFR 730.11, 732.15, and 732.17(h)(10),

decisions on proposed State regulatory programs and program amendments

submitted by the States must be based solely on a determination of

whether the submittal is consistent with SMCRA and its implementing

Federal regulations and whether the requirements of 30 CFR Parts 730,

731, and 732 have been met.

Compliance With the 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.

List of Subjects in 30 CFR Part 916

Intergovernmental relations, Surface mining, Underground mining.

Dated: December 5, 1994.

Charles E. Sandberg,

Acting Assistant Director, Western Support Center.

[FR Doc. 94-30505 Filed 12-12-94; 8:45 am]

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