Utah Abandoned Mine Land Reclamation Plan

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 944

[SPATS No. UT-032-FOR]

Utah Abandoned Mine Land Reclamation Plan

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Proposed rule; reopening and extension of public comment period

on proposed amendment.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)

is announcing receipt of revisions and additional explanatory

information pertaining to a previously proposed amendment to the Utah

abandoned mine land reclamation (AMLR) plan (hereinafter, the ``Utah

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

(SMCRA). The revisions and additional explanatory information for

Utah's proposed rules pertain to definitions of ``eligible lands and

water'' and ``left or abandoned in either an unreclaimed or

inadequately reclaimed condition,'' and general reclamation

requirements. The amendment is intended to revise the Utah plan to meet

the requirements of the corresponding Federal regulations, to

incorporate the additional flexibility afforded by the revised Federal

regulations, to clarify ambiguities, and to improve operational

efficiency.

DATES: Written comments must be received by 4:00 p.m., m.d.t., April

22, 1997.

ADDRESSES: Written comments should be mailed or hand delivered to James

F. Fulton at the address listed below.

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

comments received in response to this document will be available for

public review at the addresses listed below during the normal business

hours, Monday through Friday, excluding holidays. Each requester may

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

Denver Field Division:

James F. Fulton, Chief, Denver Field Division, Western Regional

Coordinating Center, Office of Surface Mining Reclamation and

Enforcement, 1999 Broadway, Suite 3300, Denver, Colorado 80202.

Mark R. Mesch, Administrator, Abandoned Mine Reclamation Program,

Division of Oil, Gas and Mining, 1594 West North Temple, Suite 1210,

Box 145801, Salt Lake City, Utah 84114-5801, (801) 538-5340.

FOR FURTHER INFORMATION CONTACT:

James F. Fulton, Telephone: (303) 844-1424.

SUPPLEMENTARY INFORMATION:

I. Background on the Utah Plan

On June 3, 1983, the Secretary of the Interior approved the Utah

plan. General background information on the Utah plan, including the

Secretary's findings and the disposition of comments, can be found in

the June 3, 1983, Federal Register (48 FR 24876). Subsequent actions

concerning Utah's plan and plan amendments can be found at 30 CFR

944.25.

II. Proposed Amendment

By letter dated August 2, 1995, Utah submitted a proposed amendment

to its plan (administrative record No. UT-1071) pursuant to SMCRA (30

U.S.C. 1201 et seq.). Utah submitted the proposed amendment at its own

initiative and in response to a September 26, 1994, letter

(administrative record No. UT-1011) that OSM sent to Utah in accordance

with 30 CFR 884.15(b). The provisions of the Utah Administrative Rules

(Utah Admin. R.) that Utah proposed to revise and add were: Utah Admin.

R. 643-870-500, definitions of ``eligible lands and water,'' ``left or

abandoned in either an unreclaimed or inadequately reclaimed

condition,'' and ``Secretary''; Utah Admin. R. 643-874-100, -110,

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-124 through -128, -130 through -132, -140 through -144, -150, and -

160, general reclamation requirements for coal lands and waters; Utah

Admin. R. 643-875-120 and -122 through -125, -130 through -133, -140

through -142, -150 through -155, -160, -170, -180, -190, and -200,

noncoal reclamation; Utah Admin. R. 643-877-141, rights of entry; Utah

Admin. R. 643-879-141, -152.200, -153, and -154, acquisition,

management, and disposition of lands and water; Utah Admin. R. 643-882-

132, reclamation on private land; Utah Admin. R. 643-884-150, State

reclamation plan amendments; Utah Admin. R. 643-886-130 through -190,

State reclamation grants; and Utah Admin. R. 643-886-232.240, reports.

OSM announced receipt of the proposed amendment in the August 22,

1995, Federal Register (60 FR 43577), provided an opportunity for a

public hearing or meeting on its substantive adequacy, and invited

public comment on its adequacy (administrative record No. UT-1071-3).

Because no one requested a public hearing or meeting, none was held.

The public comment period ended on September 21, 1995.

During its review of the amendment, OSM identified concerns

relating to the provisions of Utah Admin. R. 643-870-500, definitions

of ``eligible lands and water'' and ``left of abandoned in either an

unreclaimed or inadequately reclaimed condition''; Utah Admin. R. 643-

874-120, -121, -123 through -125, and -128, general reclamation

requirements; Utah Admin. R. 643-875-132, certification of completion

of reclamation of coal sites; Utah Admin. R. 643-877-120, rights of

entry; Utah Admin. R. 643-879-154, disposition of reclaimed land; and

Utah Admin. R. 643-882-121 and -122, appraisals. OSM notified Utah of

the concerns by letter dated March 26, 1996 (administrative record No.

UT-1071-8). Utah responded in a letter dated March 12, 1997, by

submitting a revised amendment and additional explanatory information

(administrative record No. UT-1071-9).

Utah proposes revisions to and additional explanatory information

for Utah Admin. R., 643-870-500, definitions of ``eligible lands and

water'' and ``left or abandoned in either an unreclaimed or

inadequately reclaimed condition'' and Utah Admin. R. 643-874-120, -

121, -124, and -125, eligible lands and water.

Specifically, Utah proposes to revise its definition of the term

``eligible lands and water'' at Utah Admin. R. 643-870-500 to read:

``Eligible lands and water'' means lands and water eligible for

reclamation or drainage abatement expenditures and are those which

were mined for coal or which were affected by such mining,

wastebanks, coal processing, or other coal mining processes, and

abandoned or left in an [inadequate reclamation status prior to

August 3, 1977, and for which there is no continuing reclamation

responsibility under State or Federal laws. Provided, however, that

lands and water damaged by coal mining operations after that date

may also be eligible if they meet the requirements specified in

R643-874-124. For additional eligibility requirements for water

projects, see R643-874-124. For additional eligibility requirements

for lands affected by remining operations see R643-874-128. For

eligibility requirements for lands affected by mining for minerals

other than coal, see R643-875-120.

Utah is also proposing to revise its definition of ``left or

abandoned in either an unreclaimed or inadequately reclaimed

condition'' at Utah Admin. R. 643-870-500 to read:

``Left or abandoned in either an unreclaimed or inadequately

reclaimed condition'' means lands and water:

Which were mined or which were affected by such mining, wastebanks,

processing or other mining processes prior to August 3, 1977, and

all mining has ceased; and

Which continue, in their present condition, to substantially degrade

the quality of the environment, prevent or damage the beneficial use

of land or water resources, or endanger the health and safety of the

public; and

For which there is no continuing reclamation responsibility under

State or Federal laws, except as provided in R643-874-124 and R643-

874-141.

Utah is not proposing to revise Utah Admin. R. 643-874-120 and -121

by adding the word ``coal'' to its description of eligible lands and

water. Utah states that it considers omission of the word ``coal'' to

be an important statement of policy and explains that its approved plan

lists aggressive pursuit of noncoal reclamation as a purpose of the

State reclamation program. Utah further offers that its rules at Utah

Admin. R. 643-875 regarding noncoal eligibility ensure that the more

restrictive noncoal eligibility requirements of SMCRA will be met.

In addition, Utah proposes to add to its rules at Utah Admin. R.

643-874-124 and -125 a reference to Utah Admin. R. 643-874-123, which

provides for the reclamation of sites where the forfeited bond is

insufficient to pay the total cost of reclamation. Utah Admin. R. 643-

874-124 extends the use of AMLR funds for reclamation of interim

program and bankrupt surety sites and Utah Admin. R. 643-874-125

requires that those sites determined to be eligible under the criteria

provided at Utah Admin. R. 643-874-124 also have the same or more

urgent priority as coal sites that qualify as priority 1 or 2 sites

under Utah Code Annotated 40-10-25(2), which is the State's counterpart

statute to section 403(a) of SMCRA.

III. Public Comment Procedures

OSM is reopening the comment period on the proposed Utah plan

amendment to provide the public an opportunity to reconsider the

adequacy of the proposed amendment in light of the additional materials

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

is seeking comments on whether the proposed amendment satisfies the

applicable plan approval criteria of 30 CFR 884.14. If the amendment is

deemed adequate, it will become part of the Utah plan.

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 Denver Field Division will

not necessarily be considered in the final rulemaking or included in

the administrative record.

IV. Procedural Determinations

1. 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).

2. 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 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 AMLR plans and revisions

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

State, not by OSM. Decisions on proposed State AMLR plans and revisions

thereof submitted by a State 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 applicable Federal regulations at 30 CFR Parts 884

and 888.

3. National Environmental Policy Act

No environmental impact statement is required for this rule since

agency decisions on proposed State AMLR plans and revisions thereof are

categorically excluded from compliance with the National Environmental

Policy Act (42 U.S.C. 4332) by the Manual of

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the Department of the Interior (516 DM 6, appendix 8, paragraph

8.4B(29)).

4. 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.).

5. 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 State submittal which is the subject of this rule is based upon

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

established by SMCRA or 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 in the analyses for the

corresponding Federal regulations.

6. Unfunded Mandates Reform Act

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

given year on any governmental entity or private sector.

List of Subjects in 30 CFR Part 944

Abandoned mine reclamation programs, Intergovernmental relations,

Surface mining, Underground mining.

Dated: April 26, 1997.

Richard J. Seibel,

Regional Director, Western Regional Coordinating Center.

[FR Doc. 97-8790 Filed 4-4-97; 8:45 am]

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