Texas Abandoned Mine Land Reclamation Plan

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 943

[SPATS No. TX-039-FOR]

Texas Abandoned Mine Land Reclamation Plan

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

Interior.

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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 Texas

abandoned mine land (AML) reclamation plan (hereinafter referred to as

the ``Texas plan'') under the Surface Mining Control and Reclamation

Act of 1977 (SMCRA). The proposed amendment pertains to

responsibilities, definitions, abandoned mine reclamation fund,

eligible coal lands and water, reclamation objectives and priorities,

utilities and other facilities, limited liability, contractor

responsibility, eligible non-coal lands and water, reclamation

priorities for non-coal program, exclusion of certain non-coal

reclamation sites, land acquisition authority-non-coal, lien

requirements, written consent for entry, entry and consent to reclaim,

entry for emergency reclamation, land eligible for acquisition,

procedures for acquisition, acceptance of gifts of land, management of

acquire land, disposition of reclaimed lands, and liens. The amendment

is intended to revise Texas' AML regulations to conform selected parts

to amended Federal regulations. Texas also proposed to reorganize its

AML regulations to align more clearly with Federal counterpart

regulations.

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

28, 1998. If requested, a public hearing on the proposed amendment will

be held on January 23, 1998. Requests to speak at the hearing must be

received by 4:00 p.m., c.s.t., on January 13, 1998.

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

be mailed or hand delivered to Michael C. Wolfrom, Director, Tulsa

Field Office at the address listed below.

Copies of the Texas 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 Tulsa Field Office.

Michael C. Wolform, Director, Tulsa Field Office, Office of Surface

Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 470,

Tulsa, Texas 74135-6547, Telephone: (918) 581-6430.

Surface Mining and Reclamation Division, Railroad Commission of Texas,

1701 North Congress Avenue, P.O. Box 12967, Austin, Texas 78711-2967,

Telephone: (512) 463-6900.

FOR FURTHER INFORMATION CONTACT:

Michael C. Wolfrom, Director, Tulsa Field Office, Telephone: (918) 581-

6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Texas Plan

On June 23, 1980, the Secretary of the Interior approved the Texas

Abandoned Mine Land Plan. General background information on the Texas

plan, including the Secretary's findings, the disposition of comments,

and the conditions of approval can be found in the June 23, 1980,

Federal Register (45 FR 41937). Subsequent actions concerning the Texas

program can be found at 30 CFR 943.25.

II. Description of the Proposed Amendment

By letter dated December 1, 1997 (Administrative Record No. TAML-

61), Texas submitted a proposed amendment to its plan pursuant to

SMCRA. Texas submitted the proposed amendment at its own initiative.

The provisions of the Texas plan proposed for review are:

1. AML Regulations Proposed for Repeal

a. Section 12.805 Reclamation Project Evaluation

Texas proposed to repeal this section and to add new Sec. 12,805,

Utilities and Other Facilities.

b. Section 12.806 Consent to Entry; Sec. 12.807 Entry for Studies or

Exploration; and Sec. 12.808 Entry and Consent to Reclaim

Texas proposed to repeal Secs. 12.806, 12.807, and 12,808 and to

consolidate these sections and re-adopt them with revisions and

additions as new Sec. 12.813, Written Consent for Entry and

Sec. 12.814, Entry and Consent to Reclaim.

c. Section 12.809 Land Eligible for Acquisition

Texas proposed to repeal Sec. 12.809 and to adopt with revised

language as new Sec. 12.816, Land Eligible for Acquisition, in

conformance with Texas Natural Resources Code, Sec. 134.145.

d. Section 12.810 Procedures for Acquisition

Texas proposed to repeal Sec. 12.810 and to add new Sec. 12.817,

Procedures for Acquisition, with changes in conformance with amended

Federal regulations at 30 CFR 879.12.

e. Section 12.811 Acceptance of Gifts of Land

Texas proposed to repeal Sec. 12.811 and to add new Sec. 12.818,

Acceptance of Gifts of Land, in conformance with amended Federal

regulations at 30 CFR 879.13.

f. Section 12.812 Management of Acquired Lands

Texas proposed to repeal Sec. 12.812 and to add new Sec. 12.819,

Management of Acquired Lands, in conformance with amended Federal

regulations at 30 CFR 879.14.

g. Section 12.813 Disposition of Reclaimed Land

Texas proposed to repeal Sec. 12.813 and to add new Sec. 12.820,

Disposition of Reclaimed Land, in conformance with the Texas Surface

Coal Mining and Reclamation Act of 1977.

h. Section 12.814 Operations on Private Land

Texas proposed to repeal Sec. 12.814 and to add new Sec. 12.814,

Entry and Consent to Reclaim.

i. Section 12.815 Appraisals

Texas proposed to repeal Sec. 12.815 and to add new Sec. 12.815,

Entry for Emergency Reclamation.

j. Section 12.816 Liens

Texas proposed to repeal Sec. 12.816 and to add new Sec. 12.820,

Liens.

k. Section 12.817 Satisfaction of Liens

Texas proposed to repeal Sec. 12.817 and to add new Sec. 12.817,

Procedures for Acquisition.

2. Section 12.800 Responsibilities

Texas proposed to add this new section regarding the

responsibilities of the Commission.

3. Section 12.801 Definitions

Texas proposed to revise this section by adding definitions for

``abandoned mine reclamation fund or fund,'' ``eligible lands and

water,'' ``emergency,'' ``extreme danger,'' ``left or abandoned in

either an unreclaimed or inadequately reclaimed condition,'' ``mineral

owner,'' ``OSM,'' ``permanent facility,'' ``project,'' ``reclamation

activity,'' ``state reclamation program,'' and ``Texas abandoned mine

reclamation fund or state fund.''

4. Section 12.802 Texas Abandoned Mine Reclamation Fund

Texas proposed to add a section pertaining to the type of revenue

that shall be included in the State's abandoned mine land reclamation

fund.

5. Section 12.803 Eligible Coal Lands and Water

Texas proposed to revise this section to conform to amended Federal

regulations by making minor wording

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changes, deleting paragraph (b) in its entirety, and by adding new

paragraphs (4) through (8). paragraph (4) pertains to how coal lands

and waters damaged by coal mining processes and abandoned after August

3, 1977, can become eligible for funding. Paragraph (5) pertains to

when the Commission may expend funds for reclamation and abatement of

any eligible site under paragraph (4). Paragraph (6) pertains to how

monies obtained from sources outside the abandoned mine reclamation

fund can be used. Paragraph (7) describes when permittees shall

reimburse the abandoned mine land fund for reclamation costs. it also

states that when performing reclamation under paragraph (4), Texas

shall not be held liable for any violations of any performance

standards or reclamation requirements. Paragraph (8) pertains to lands

eligible for remining and the eligibility for funds for reclamation

activities on these lands.

6. Section 12.804 Reclamation Objectives and Priorities

Texas proposed to repeal the existing language in this section and

to replace it with new language to conform with amended Federal

regulations at 30 CFR 874.13.

7. Section 12.805 Utilities and Other Facilities

Texas proposed to add new Sec. 12.805, Utilities and Other

Facilities, to conform with amended Federal regulations at 30 CFR

874.14. This new section pertains to the adverse effect of mining

processes on water supplies occurring both before and after August 3,

1977, and the enhancement of facilities or utilities under this

section.

8. Section 12.806 Limited Liability

Texas proposed to add new Sec. 12.806, Limited Liability, to

conform with amended Federal regulations at 30 CFR 874.15. This new

section pertains to the limited liability the State has when performing

reclamation activities according to approved abandoned mine reclamation

plans.

9. Section 12.807 Contractor Responsibility

Texas proposed to add new Sec. 12.807, Contractor Responsibility,

to conform with amended Federal regulations at 30 CFR 874.16. This new

section pertains to requirements necessary for a contractor to be a

successful bidder for an AML contract.

10. Section 12.808 Eligible Non-coal Lands and Water

Texas proposed to add new Sec. 12.808, Eligible Non-coal Lands and

Water, to clearly define non-coal eligibility in conformance with

amended Federal regulations at 30 CFR 875.14. This new section pertains

to the criteria that non-coal lands, waters, and facilities should meet

in order to be eligible for AML reclamation funds.

11. Section 12.809 Reclamation Priorities for Non-coal Program

Texas proposed to add new Sec. 12.809, Reclamation Priorities for

Non-coal Program, to clearly define non-coal reclamation priorities in

conformance with amended Federal regulations at 30 CFR 875.15. This new

section pertains to reclamation projects involving the restoration of

lands and water adversely affected by past mineral mining; projects

involving the protection, repair, replacement, construction, or

enhancement of utilities; and the construction of public facilities in

communities impacted by coal or other mineral mining and processing

practices.

12. Section 12.810 Exclusion of Certain Non-coal Reclamation Sites

Texas proposed to add new Sec. 12.810, Exclusion of Certain Non-

coal Reclamation Sites, to clearly define the ineligibility of certain

non-coal sites that are eligible for remediation under other Federal

programs in conformance with amended Federal regulations at 30 CFR

875.16. This new section pertains to the sites and areas that monies

from the Texas abandoned mine reclamation fund cannot be used for.

13. Section 12.811 Land Acquisition Authority--Non-coal

Texas proposed to add new Sec. 12.811, Land Acquisition Authority--

Non-coal, to conform with amended Federal regulations at 30 CFR 875.17.

This new section states that the requirements specified in Secs. 12.814

through 12.820 shall apply to the Commission's non-coal program except

that, for purposes of this section, the references to coal shall not

apply. In lieu of the term coal, the word non-coal should be used.

14. Section 12.812 Lien Requirements

Texas proposed to add new Sec. 12.812, Lien Requirements, to comply

with amended Federal regulations at 30 CFR 875.18. This new section

states that the requirements found in Sec. 12.821 shall apply to the

Commission's non-coal reclamation program under Sec. 12.808 except that

for purposes of this section, the references to coal shall not apply.

In lieu of the term coal, the word non-coal should be used.

15. Section 12.813 Written Consent for Entry

Texas proposes to add new Sec. 12.813, Written Consent for Entry,

to conform with amended Federal Regulations at 30 CFR 877.11. This new

section reads as follows:

Written consent from the owner of record and lessee, or their

authorized agents, is the preferred means for obtaining agreements

to enter lands in order to carry out reclamation activities.

Nonconsensual entry by exercise of the police power will be

undertaken only after reasonable efforts have been made to obtain

written consent.

16. Section 12.814 Entry and Consent To Reclaim

Texas proposed to add new Sec. 12.814(a) to conform with amended

Federal regulations at 30 CFR 877.13 and new Sec. 12.814(b) to conform

with Texas Natural Resources Code Sec. 134.143. This new section

pertains to who may enter upon land, with the owner's consent, to

perform reclamation activities or to conduct studies or exploratory

work in order to determine the existence of the adverse effects of past

coal mining.

17. Section 12.815 Entry for Emergency Reclamation

Texas proposed to add new Sec. 12.815, Entry for Emergency

Reclamation, to conform with Texas Natural Resources Code Sec. 134.152

(b) and (c). This new section gives the commission authority to enter

land where an emergency exists and other land necessary to have access

to that land.

18. Section 12.816 Land Eligible for Acquisition

Texas proposed to add new Sec. 12.816, Land Eligible for

Acquisition, to conform with Texas Natural Resources Code Sec. 134.145.

This new section allows the state to acquire land that is adversely

affected by past coal mining practices by purchase, donation or

condemnation if certain conditions exist.

19. Section 12.817 Procedures for Acquisition

Texas proposed to add new Sec. 12.817, Procedures for Acquisition,

to conform with amended Federal regulations at 30 CFR 879.12. This new

section sets forth the procedures that the State must follow when

acquiring land.

20. Section 12.818 Acceptance of Gifts of Land

Texas proposed to add this new section regarding the Commission's

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acceptance of gifts of land. The proposed change would require that the

deed of conveyance state that it is made as a gift under the Texas

Surface Coal Mining and Reclamation Act.

21. Section 12.819 Management of Acquired Land

Texas proposed to add this new section to conform with amended

Federal regulations at 30 CFR 879.14. The new section reads as follows:

Land acquired under this title may be used for any lawful

purpose that is consistent with the necessary reclamation

activities. Procedures for collection of user charges or the waiver

of such charges by the Commission shall provide that all user fees

collected shall be deposited in the Texas Abandoned Mine Reclamation

Fund.

22. Section 21.820 Disposition of Reclaimed Lands

Texas proposed to add this new section to conform with Texas

Natural Resources Code, Secs. 134.148 and 134.149 (Sale of Acquired

Land and Hearing on Sale, respectively). This section pertains to the

conditions under which the State may sell land that it has acquired

under Sec. 12.816 and the disposition of the monies received from these

sells.

23. Section 12.821 Liens

Texas proposed to add new Sec. 12.821 (a) through (c) to conform

with Texas Natural Resources Code, Sec. 134.150 (Liens). This addition

pertains to when liens may or may not be placed on lands the State

reclaims and the procedures to follow when placing liens.

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 approval criteria of 30 CFR 884.14. If the amendment

is deemed adequate, it will become part of the Texas 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 Tulsa 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 INFORMAITON CONTACT by 4:00 P.M.,

c.s.t. on January 13, 1998. The location and time of the hearing will

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

requests an opportunity to speak at the public hearing, the hearing

will not be held.

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. 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.

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.

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

Parts 884 and 888.

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 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.

Unfunded Mandates

OSM has determined and certifies pursuant to the Unfunded Mandates

Reform Act (2 U.S.C. 1502 et seq.) that this rule will not impose a

cost of $100 million or more in any given year on local, state, or

tribal governments or private entities.

List of Subjects in 30 CFR Part 943

Abandoned mine land reclamation, Intergovernmental relations,

Surface mining, Underground mining.

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Dated: December 18, 1997.

Charles E. Sandberg,

Acting Regional Director, Mid-Continent Regional Coordinating Center.

[FR Doc. 97-33662 Filed 12-24-97; 8:45 am]

BILLING CODE 4310-05-M