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: Final rule; approval of amendment.

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SUMMARY: OSM is approving a proposed amendment to the Alabama abandoned

mine land reclamation plan (hereinafter referred to as the ``Alabama

plan'') under the Surface Mining Control and Reclamation Act of 1977

(SMCRA). Alabama proposed revisions and additions to its plan

pertaining to contractor bidder eligibility screening, exclusion of

certain noncoal sites from reclamation, requirement of form submission

upon project completion, and removal of fourth priority for noncoal

reclamation sites. The amendment is intended to revise the Alabama plan

to be consistent with the corresponding Federal regulations and SMCRA.

EFFECTIVE DATE: August 15, 1995.

FOR FURTHER INFORMATION CONTACT:

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

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

7287.

SUPPLEMENTARY INFORMATION:

I. Background on the Alabama Plan.

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 Plan

On May 20, 1982, the Secretary of the Interior approved the Alabama

plan. Background information on the Alabama plan, including the

Secretary's findings, the disposition of comments, and the approval of

the plan can be found in the May 20, 1982, Federal Register (47 FR

22062). Subsequent actions concerning the conditions of approval and

amendments to the plan can be found at 30 CFR 901.25.

II. Submission of the Proposed Amendment

By letter dated December 5, 1994 (Administrative Record No. AL-

512), Alabama submitted a proposed amendment to its plan pursuant to

SMCRA in response to a September 2, 1994, letter that OSM sent to

Alabama in accordance with 30 CFR 884.15(d). Alabama proposed to amend

two sections of its plan. At ``Administrative and Management Structure

of the Alabama Abandoned Mine Land Reclamation Program Pursuant to 30

CFR Part 884.13(d),'' Alabama proposed to incorporate a contractor

responsibility requirement under OSM's Applicant Violator System (AVS)

for the reclamation of coal and noncoal sites. At ``Ranking and

Selection Procedures Pursuant to 30 CFR Part 884.13(c)(2),'' Alabama

proposed to exclude certain noncoal sites from reclamation and require

submission of form OSM-76 upon project completion.

OSM announced receipt of the proposed amendment in the December 19,

1994, Federal Register (59 FR 65287), and in the same document opened

the public comment period and provided an opportunity for a public

hearing on the adequacy of the proposed amendment. The public comment

period closed on January 18, 1995.

During its review of the amendment, OSM identified concerns

relating to Alabama's organizational chart, personnel positions,

identification of agencies, purchasing and procurement functions,

resolution of audits, research and development, ranking and selection

parameters, site evaluation, and final project selection.

OSM notified Alabama of these concerns by letter dated March 1,

1995 (Administrative Record No. AL-0534). By letters dated March 27,

1995 (Administrative Record No. AL-0535) and April 18, 1995

(Administrative Record No. AL-0539), Alabama responded to OSM's

concerns by submitting additional explanatory information and revisions

to its proposed plan amendment.

Alabama proposed additional revisions to its administrative and

management structure and ranking and selection procedures which are

intended to clarify its personnel positions and organizational

structure and its procedure for the prioritization and selection of

projects.

Because the additional explanatory information and revisions

submitted by Alabama merely clarified the provisions of the proposed

plan amendment, OSM did not reopen the public comment period.

III. Director's Findings

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

30 CFR 884.14 and 884.15, are the Director's findings concerning the

proposed amendment.

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 Abandoned Mine Land Reclamation

Projects

A. Preliminary Site Evaluation. Alabama is proposing to revise its

ranking and selection procedures for abandoned mine land (AML)

reclamation projects. Specifically, at section II(B)2d, Alabama is

proposing to delete the requirement that a project be evaluated

according to whether or not it will be designated a ``Research and

Demonstration Project'' to develop new technology. At section II(B)3d,

Alabama is proposing to delete priority 4--Research and Development,

and at section II(B)3j, it is proposing to delete priority 10--Public

Facilities (Non-Coal).

Section 403(a) of SMCRA defines the priorities for the expenditures

of moneys on eligible lands and waters which were mined for coal or

affected by such mining. As amended by the Energy Policy Act of 1992,

this section no longer authorizes funding of a research and development

priority. Sections 411(c) and (e) of SMCRA define the priorities for

non-coal sites. The Director finds that the proposed deletions at

sections II(B)2d, II(B)3d, and II(B)3j do not render the Alabama

program less effective than sections 403(a) and 411(c) and (e) of

SMCRA.

B. Intensive Site Evaluation. At section II(D), Alabama is

proposing to modify its site parameters to correspond with the current

list of resource values reviewed under the National Environmental

Policy Act, adding the noise and topography parameters.

The Federal regulations at 30 CFR 884.13(c) require that the State

provide a description of the policies and procedures it will follow in

conducting the reclamation program. The Director finds the proposed

revisions at section II(D) to be consistent with the Federal

regulations at 30 CFR 884.13(c) and not inconsistent with section

403(a) of SMCRA.

C. Exclusion of Certain Noncoal Reclamation Sites. At section

II(F), Alabama is proposing to add a new section--Exclusion of Certain

Noncoal

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Reclamation Sites--which provides that money from the AML reclamation

fund not be used for the reclamation of sites and areas designated for

remedial action pursuant to the Uranium Mill Tailings Radiation Control

Act of 1978 or the Comprehensive Environmental Response, Compensation,

and Liability Act of 1980.

The Director finds that the proposed addition at section II(F) is

substantively identical to and therefore no less effective than section

411(d) of SMCRA.

D. Consultation. At section II(G)6, Alabama is proposing to add to

its consultation list regional planning and development districts

affected by individual projects and deleting the Alabama Department of

Economic and Community Affairs.

The Federal regulations at 30 CFR 884.13(c)(3) and (c)(7) require

that the State provide procedures for public participation and

involvement in the State reclamation program. The Director finds the

proposed revisions at section II(G)6 to be not inconsistent with the

Federal regulations at 30 CFR 884.13(c)(3) and (c)(7).

E. Completion Report. At section II(I), Alabama is adding the

requirement that Form OSM-76, ``Abandoned Mine Land Problem Area

Description,'' be submitted upon project completion.

The Federal regulations at 30 CFR 884.13(c) require that the State

describe the policies and procedures to be followed in conducting the

reclamation program. The Director finds the proposed addition at

section II(I) to be consistent with the Federal regulations at 30 CFR

884.13(c) and 30 CFR 886.23(c).

2. Administrative and Management Structure

A. Personnel. At section I(C), Alabama is proposing to revise its

listing of job titles to include ``Abandoned Mine Land Chief Planner''

and delete ``Right-of-Way Specialist III.'' Other minor changes to its

job classification system have also been made.

B. Personnel Policies. At section III, Alabama is proposing to

revise its personnel policies to make non-substantive wording changes.

C. Purchasing and Procurement Policies. At section V, Alabama is

proposing to require that to receive AML funds for coal or noncoal

reclamation, every successful bidder for an AML contract must be

eligible under 30 CFR 773.15(b)(1) (Review of Violations) at the time

of contract award to receive a permit or conditional permit to conduct

surface coal mining operations. Bidder eligibility must be confirmed by

OSM's AVS.

The Federal regulations at 874.16 and 875.20 require that

successful bidders for an AML contract must be eligible under 30 CFR

773.15(b) at the time of contract award to receive a permit to conduct

surface coal mining operations. Bidder eligibility must be confirmed by

OSM's AVS for each contract to be awarded. The Director finds the

changes at sections I and III are consistent with requirements found at

30 CFR 884.13(d)(2) and (3). The Director finds the proposed revisions

at section V to be consistent with the Federal regulations at 30 CFR

874.16 and 875.20.

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. No public comments were

received, and because no one requested an opportunity to speak at a

public hearing, no hearing was held.

Federal Agency Comments

Pursuant to 884.14(a)(2) and 884.15(a), the Director solicited

comments on the proposed amendment from various other Federal agencies

with an actual or potential interest in the Alabama plan. The

Department of the Interior, Bureau of Mines; the Department of the

Army, Corps of Engineers; and the Department of Agriculture, Natural

Resources Conservation Service concurred without comment.

Environmental Protection Agency (EPA)

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

written concurrence of the Administrator of the EPA with respect to

those provisions of the proposed plan amendment which 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. 1252

et seq.). None of the revisions that Alabama proposed to make in its

amendment pertain to air or water quality standards. Therefore, no

response was received from EPA, neither was one necessary.

V. Director's Decision

Based on the above findings, the Director approves the proposed

plan amendment as submitted by Alabama on December 5, 1994, and as

revised on March 27, 1995, and April 18, 1995.

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 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 to 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

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determination as to whether this rule would have a significant economic

impact, the Department relied upon the data and assumptions in the

analysis for the corresponding Federal regulations.

List of Subjects in 30 CFR Part 901

Intergovernmental relations, Surface mining, Underground mining.

Dated: August 3, 1995.

Brent Wahlquist,

Regional Director Mid-Continent Regional Coordinating 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 citation for Part 901 continues to read as

follows:

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

2. Section 901.25 is amended to add paragraph (e) to read as

follows:

Sec. 901.25 Amendment to approved Alabama abandoned mine land

reclamation plan.

* * * * *

(e) The Alabama amendment pertaining to the Alabama abandoned mine

land reclamation plan, as submitted to OSM on December 5, 1994, and

revised on March 27, 1995, and April 18, 1995, is approved effective

August 15, 1995.

[FR Doc. 95-19981 Filed 8-14-95; 8:45 am]

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