Indiana Abandoned Mine Land Reclamation Plan

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[SPATS No. IN-139-FOR]

Indiana Abandoned Mine Land Reclamation Plan

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

Interior.

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

hearing.

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

Indiana abandoned mine land reclamation plan (hereinafter referred to

as the ``Indiana plan'') under the Surface Mining Control and

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

revisions to the Indiana plan pertaining to procedures for ranking and

selecting reclamation projects, coordination with other programs,

reclamation of private land, public participation policies,

organization of designated agency, Applicant/Violator System (AVS)

requirements, flora and fauna of southwestern Indiana, and the

emergency reclamation program. The amendment is intended to revise the

Indiana plan to be consistent with the corresponding Federal

regulations and SMCRA.

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

September 8, 1997. If requested, a public hearing on the proposed

amendment will be

[[Page 42714]]

held on September 2, 1997. Requests to speak at the hearing must be

received by 4:00 p.m., e.s.t. on August 25, 1997.

ADDRESSES: Written comments and requests to speak at the hearing should

be mailed or hand delivered to Andrew R. Gilmore, Indianapolis Field

Office, at the address listed below

Copies of the Indiana plan, the proposed amendment, a listing of

any scheduled public hearings, 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 requester may receive one free copy of

the proposed amendment by contacting OSM's Indianapolis Field Office.

Andrew R. Gilmore, Director, Indianapolis Field Office, Office of

Surface Mining Reclamation and Enforcement, Minton-Capehart Federal

Building, 575 North Pennsylvania Street, Room 301, Indianapolis, IN

46204, Telephone: (317) 226-6700.

Indiana Department of Natural Resources, 402 West Washington

Street, Room C256, Indianapolis, Indiana 46204, Telephone: (317) 232-

1547.

FOR FURTHER INFORMATION CONTACT:

Andrew R. Gilmore, Director, Indianapolis Field Office, Telephone:

(317) 226-6700.

SUPPLEMENTARY INFORMATION:

I. Background on the Indiana Plan

On July 29, 1982, the Secretary of the Interior approved the

Indiana plan. Background information on the Indiana plan, including the

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

the plan can be found in the July 26, 1982, Federal Register (47 FR

32110). Subsequent actions concerning the Indiana plan and amendments

to the plan can be found at 30 CFR 914.20 and 914.25.

II. Description of the Proposed Amendment

By letter dated July 23, 1997 (Administrative Record No. IND-1579),

Indiana submitted a proposed amendment to its plan pursuant to SMCRA.

Indiana submitted the proposed amendment in response to a September 26,

1994, letter (Administrative Record No. IND-1583) that OSM sent to

Indiana in accordance with 30 CFR 884.15(d) and at its own initiative.

The full text of the proposed program amendment submitted by Indiana is

available for public inspection at the locations listed above under

ADDRESSES. A brief discussion of the proposed amendment is presented

below.

1. Miscellaneous Changes

Indiana made editorial and clarifying language changes throughout

its plan. The changes include the following: (1) Revising the current

organizational structure for management of the Indiana abandoned mined

lands reclamation program, (2) changing each reference to the ``Soil

Conservation Service/SCS'' to the ``Natural Resources Conservation

Service/NRCS,'' (3) changing references to statute citations to reflect

recent recodification of the Indiana Surface Coal Mining and

Reclamation Act, and (4) changing various provisions to reflect revised

grant procedures implemented by OSM that do not require specific

project submissions at the time of grant application.

2. Reclamation Project Ranking and Selection Procedures, 884.13(c)(2)

a. Indiana added an additional example of a Priority II AML

problem. Potential sites may now include ``any water body adversely

affected by acid drainage derived from coal mine sources which has

reduced recreational or aesthetic value and for which there is local

support for reclamation.''

b. Indiana deleted the former Priority IV designation of ``AML

problems which present a potential for research and demonstration

projects related to mine reclamation'' and renumbered former Priority V

and VI as priority IV and V, respectively.

c. Indiana added the following new provision: ``Remined Sites--Any

site that is eligible for AML reclamation fund expenditures, that is

remined or reaffected by mining, remains eligible for AML reclamation

after bond release or bond forfeiture.''

3. Coordination with Other Programs, 884.13(c)(3)

a. Indiana removed the language ``Division of Reclamation annual

plans will be developed with SCS as funding is made available''.

b. Indiana removed the existing language in the emergency policy

provision, and added the new language ``Indiana's implementation of the

Emergency Reclamation Program is defined in the attached Amendment

E.R.P.''

4. Reclamation of Private Land, 884.13(c)(5)

a. Indiana removed the minimum 30-day time period for allowing the

landowner to repay the amount of a proposed lien, and added the

requirement that the landowner shall be allowed a reasonable time to

prepay the amount of a proposed lien.

b. Indiana added a new provision that allows the landowner, within

60 days of the lien being filed, to petition under local law to

determine the increase in market value of the land as a result of the

reclamation work.

5. Public Participation Policies, 884.13(c)(7)

a. Indiana added the following new public participation policy

statement: ``The publication `Citizens guide to Indiana's Abandoned

Mine Land Program' is widely circulated to all interested citizens.''

b. Indiana removed the existing language pertaining to the

intergovernment review process (EO 12372) and added the language ``This

direct contact has replaced the E.O. 12372 requirements that Indiana

has chosen not to apply to the AML program.''

c. Indiana deleted the paragraph specifying the public meeting

format.

6. Organization of the Designated Agency, 884.13(d)(1)

a. Indiana deleted the paragraph on the ``Geological Survey

Division.''

b. The organizational chart of the Department of Natural Resources

was revised to reflect the current organization.

c. Under the heading ``Pay Requests and Change Orders,'' Indiana

removed the paragraph on payment to engineering firms.

d. The organizational chart of the Division of Reclamation was

revised to reflect the current organization.

7. Purchasing and Procurement, 884.13(d)(3)--Applicant/Violator System

(AVS) Requirements

Indiana added a new provision, entitled ``Indiana AML Applicant/

Violator System (AVS) Program,'' to address requirements and procedures

for AVS checks on potential AML contractors.

8. Flora and Fauna of Southwestern Indiana, 884.13(f)(3)

a. Indiana removed its reference to only Priority II sites and

added the requirement that sites be evaluated to determine the presence

of wetlands, endangered species, or other environmental concerns.

b. Significant Features Review--This provision was revised to

clarify interaction with other Divisions in identifying important

natural features and to clarify policy on potential conflicts with

endangered species or unique natural features.

[[Page 42715]]

9. Reclamation Review Checklist

Indiana made various revisions to the reclamation review checklist.

These revisions include adding the consideration of impacts to State

Nature Preserves, State Forests, State Reservoirs, and State endangered

or threatened species and deleting the consideration of historic and

cultural resources and Federal threatened and endangered species.

10. Amendment E.R.P. (Emergency Reclamation Program)

Indiana deleted the table of contents and its reference to 30 CFR

884.13(c)(5) and (6) and revised the restoration program organizational

structure chart and the description of responsibilities for the

emergency program coordinator.

III. Public Comment Procedures

In accordance with the provisions of 30 CFR 884.15(a), OSM is

seeking comments on whether the proposed amendment satisfies the

applicable program approved criteria of 30 CFR 884.14. If the amendment

is deemed adequate, it will become part of the Indiana program.

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 Indianapolis Field Office

will not necessarily be considered in the final rulemaking or included

in the Administrative Record.

Public Hearing

Persons wishing to speak at the public hearing should contact the

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

e.s.t. on August 25, 1997. The location and time of the hearing will be

arranged with those persons requesting the hearing. Any disabled

individual who has 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 speak have been heard. Persons in the audience who have not been

scheduled to speak, and who wish to do so, will be heard following

those who have been scheduled. The hearing will end after all persons

scheduled to speak and persons present in the audience who wish to

speak have been heard. If no one requests an opportunity to speak at

the public hearing, the hearing will not be held.

Public Meeting

If only one person requests an opportunity to speak 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 by contacting the person 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

Executive Order 12866

This proposed rule is exempted from review by the Office of

Management and Budget (OMB) under Executive Order 12866 (Regulatory

Planning and Review).

Executive Order 12988

The Department of the Interior has conducted the reviews required

by section 3 of Executive Order 12988 (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

thereof since each such plan is drafted and promulgated by a specific

State or Tribe, not by OSM. Decisions on proposed 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 30 CFR Part

884.

National Environmental Policy Act

No environmental impact statement is required for this rule since

agency decisions on proposed State or 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 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. 601 et seq.).

The submittal which is the subject of the 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.

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 914

Intergovernmental relations, Surface mining, Underground mining.

Dated: July 31, 1997.

Charles E. Sandberg,

Acting Regional Director, Mid-Continent Regional Coordinating Center.

[FR Doc. 97-21034 Filed 8-7-97; 8:45 am]

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