Ohio Abandoned Mine Land Reclamation Plan

SUMMARY: OSM is reopening the public comment period on a proposed

amendment to the Ohio abandoned mine land reclamation plan (hereinafter

the ``Ohio plan'') under the Surface Mining Control and Reclamation Act

of 1977 (SMCRA), 30 U.S.C. 1201 et seq., as amended. The proposed

amendment which was published April 17, 1996 (61 FR 16731) consists of

changes to provisions of the Ohio plan pertaining to the acid mine

drainage set-aside program, water quality improvement, project

eligibility, and remining incentives. The amendment is intended to

revise the Ohio plan to be consistent with SMCRA, as amended.

DATES: Written comments must be received by 4:00 p.m., [e.s.t.],

February 7, 1997.

ADDRESSES: Written comments should be mailed or hand delivered to

George Rieger, Field Branch Chief, at the address listed below.

Copies of the Ohio plan, the proposed amendment, and all written

comments received in response to this document will be available for

public review at the address 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 Appalachian

Regional Coordinating Center.

George Rieger, Field Branch Chief, Appalachian Regional Coordinating

Center, Office of Surface Mining Reclamation and Enforcement, 3 Parkway

Center, Pittsburgh, PA 15220, Telephone: (412) 937-2153

Ohio Division of Mines and Reclamation, 1855 Fountain Square Court,

Columbus, Ohio 43224, Telephone: (614) 265-1076

FOR FURTHER INFORMATION CONTACT:

George Rieger, Field Branch Chief, Appalachian Regional Coordinating

Center, Telephone: (412) 937-2153.

SUPPLEMENTARY INFORMATION:

I. Background on the Ohio Plan

On August 10, 1982, the Secretary of the Interior approved the Ohio

plan. Background information on the Ohio plan, including the

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

of approval can be found in the April 15, 1994, Federal Register (59 FR

17930). Subsequent actions concerning the conditions of approval and

program amendments can be found at 30 CFR 935.25.

II. Description of the Proposed Amendment

By letter dated March 19, 1996, (Administrative Record No. OH-2163)

Ohio submitted a proposed amendment to its program pursuant to SMCRA at

its own initiative. The provisions of the Ohio plan that it proposes to

amend are: Acid mine drainage set-aside program, water quality

improvement, project eligibility, and remining incentives. The proposed

amendment was announced in the April 17, 1996, Federal Register (61 FR

16731).

By letter dated December 6, 1996 (Administrative Record No. OH-

2163-12), Ohio submitted revisions to the original amendment. At page

4-2, the following language is inserted, ``to encourage reclamation in

conjunction with active mining of abandoned areas causing acid mine

drainage (AMD) within approved hydrologic units and in other areas

causing AMD within approved hydrologic units and in other areas through

the funding of AMD remediation projects and studies necessary to

develop pollution plans.'' At page 4-17, Ohio clarifies that AMDAT

funds are being used to collect and analyze data necessary to qualify

watersheds as hydrologic units. At page 4-19, Ohio is revising Stage 5

of the project selection process to provide for the reclamation of

abandoned mine areas causing AMD in conjunction with active mining.

Federal abandoned mine lands funds may be used to fund reclamation of

abandoned mine lands causing AMD under certain conditions.

By letter dated December 20, 1997 (Administrative Record No. OH-

2163-13), Ohio submitted an additional revision. At page 4-19, Ohio

proposes to delete the language identified as Stage 5 of the project

selection process. The deletion is based on Ohio's understanding that

such language is not necessary to fulfill its goals and objectives

regarding the use of the acid mine drainage set-aside funds for the

restoration of watersheds impacted by acid mine drainage from abandoned

coal mines. Sufficient flexibility exists within its program to manage

the funds in a manner that will achieve its objectives.

III. Public Comment Procedures

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. Specifically,

OSM is seeking comments on the revisions to the State's Plan that were

submitted on March 19, 1996, and revised on December 6 and 20, 1996.

Comments should address 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 Ohio Plan.

Written Comments

Written comments should be specific, pertain only to the issues

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 Appalachian Regional

Coordinating Center 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).

[[Page 3492]]

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

since each plan is drafted and promulgated by a specific State or

Tribe, not by OSM. Decisions on proposed abandoned mine land

reclamation plans submitted by a State or Tribe must be based solely on

a determination of whether the submittal is consistent with Title IV of

SMCRA (30 U.S.C. 1231-1243) and whether the other requirements of 30

CFR Parts 884 and 888 have been met.

National Environmental Policy Act

No environmental impact statement is required for this rule since

section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency

decisions on proposed State regulatory program provisions do not

constitute major Federal actions within the meaning of section

102(2)(C) of the National Environmental Policy Act (42 U.S.C.

4332(2)(C)).

Paperwork Reduction Act

This rule does not contain information collection requirements that

require approval by OMB 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. 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. Accordingly, 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.

Unfunded Mandates

This rule will not impose a cost of $100 million or more in any

given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 935

Intergovernmental relations, Surface mining, Underground mining.

Dated: January 15, 1997.

Ronald C. Recker,

Acting Regional Director, Appalachian Regional Coordinating Center.

[FR Doc. 97-1600 Filed 1-22-97; 8:45 am]

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