Texas Abandoned Mine Land Reclamation Plan Amendment

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 943

Texas Abandoned Mine Land Reclamation Plan Amendment

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

Interior.

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

on proposed amendment.

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SUMMARY: OSM is announcing receipt of additional explanatory

information and revisions pertaining to a previously proposed amendment

to the Texas abandoned mine land reclamation plan (from now on referred

to as the ``Texas plan'') under the Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The additional explanatory information

and revisions for Texas's proposed plan amendment pertain to eligible

coal lands and water; reclamation priorities for noncoal program; land

acquisition authority--noncoal; lien requirements; satisfaction of

liens; entry and consent to reclaim; appraisals; entry for emergency

reclamation; land eligible for acquisition; disposition of reclaimed

lands; liens; and editorial corrections. Texas intends to revise its

regulations to conform selected parts to amended Federal regulations

and to reorganize its regulations to align more clearly with federal

counterpart regulations.

DATES: We must receive your written comments by 4:00 p.m., c.d.t.

October 19, 1998.

ADDRESSES: You should mail or hand deliver written comments to Michael

C. Wolfrom, Director, Tulsa Field Office, at the address listed below.

We will make copies of the Texas plan, the proposed amendment, and

all written comments received in response to this document available

for public review at the addresses listed below. The copies will be

available during normal business hours, Monday through Friday,

excluding holidays. You may receive one free copy of the proposed

amendment by contacting OSM's Tulsa Field Office.

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

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

Tulsa, Oklahoma 74135-6547, Telephone: (918) 581-6430, E-mail:

[email protected].

Railroad Commission of Texas, Surface Mining and Reclamation

Division, 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

II. Discussion of the Proposed Amendment

III. Public Comment Procedures

IV. Procedural Determinations

I. Background on the Texas Plan

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

Abandoned Mine Land Plan. You can find general background information

on the Texas plan, including the Secretary's findings, the disposition

of comments, and the conditions of approval in the June 23, 1980,

Federal Register (45 FR 41937). You can find later actions concerning

the Texas plan at 30 CFR 943.25.

II. Discussion of the Proposed Amendment

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

61), Texas submitted a proposed amendment to its plan under the

provisions SMCRA. Texas submitted the proposed amendment at its own

initiative. We announced receipt of the proposed amendment in the

December 29, 1997, Federal Register (62 FR 67592) and invited public

comment on its adequacy. The public comment period ended January 28,

1998.

During our review of the amendment, we identified concerns relating

to the following sections: Eligible coal lands and water; Reclamation

priorities for noncoal program; Land acquisition authority-noncoal;

Lien requirements; Satisfaction of liens; Entry and consent to reclaim;

Appraisals; Entry for emergency reclamation; Land eligible

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for acquisition; Disposition of reclaimed lands; Liens; and editorial

corrections in the two sections, Responsibilities and Definitions. We

notified Texas of the concerns by facsimiles dated March 9 and August

25, 1998 (Administrative Record Nos. TAML-61.08 and TAML-61.10,

respectively). Texas responded in letters dated July 20 and September

3, 1998, by submitting additional explanatory information and a revised

amendment (Administrative Record Nos. TAML-61.09 and TAML-61.12,

respectively).

Texas proposes the additional revisions as follows:

1. Section 12.803 Eligible Coal Lands and Water

In paragraph (7), Texas proposes to change the incorrect reference

of ``Subchapter E'' to the correct reference of ``Subchapter K.''

2. Section 12.809 Reclamation Priorities for Noncoal Program

Texas proposes to revise paragraph (b) to read as follows:

(b) Following certification by the Commission of the completion of

all known coal projects, the projects and construction of public

facilities identified in subsection (a) of this section shall reflect

the following priorities in the order stated:

3. Section 12.811 Land Acquisition Authority-Noncoal

Texas proposes to revise this section to read as follows:

The requirements specified in Secs. 12.813, 12.814, and 12.818

through 12.823 of this title (respectively relating to 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 Acquired Land; and

Disposition of Reclaimed Land) shall apply to the Commission's noncoal

program except that, for purposes of this section, the references to

coal shall not apply. In lieu of the term coal, the word noncoal should

be used.

4. Section 12.812 Lien Requirements

Texas proposes to revise this section to read as follows:

The lien requirements found in Secs. 12.815 through 12.817 of this

title (relating to Appraisals, Liens, and Satisfaction of Liens,

respectively), shall apply to the Commission's noncoal reclamation

program under Sec. 12.808 of this title (relating to Certification of

Completion of Coal Sites), except that for purposes of this section,

references made to coal shall not apply. In lieu of the term coal, the

word noncoal should be used.

5. Section 12.814 Entry and Consent to Reclaim

Texas proposes to revise this section to require that the State

provide a minimum of 30 days written notice before entering property

where they have not obtained the owner's permission to enter or where

the owner is not known or is readily available. If the owner is known,

the State will send the written notice by mail, return receipt

requested, along with a copy of the written findings required under

paragraph (c)(1) of this section. If the owner is not known, or if the

current mailing address of the owner is not known, the State will post

a notice in one or more places on the property to be entered where it

is readily visible to the public. The State will also advertise once in

a newspaper of general circulation in the locality in which the land is

located. The advertisement must include a statement of where the

findings required under paragraph (c)(1) of this section may be

inspected or obtained.

6. Section 12.815 Appraisals

Texas proposes not to repeal this section, but to retain it. Texas

also proposes to update the reference in paragraph (d) as a result of

the currently proposed revisions in this proposed amendment.

7. Section 12.816 Liens

Texas proposes to renumber this section from section 12.821 to

12.816. In paragraph (a)(2), Texas proposes to add a provision that

allows them to notify landowners of the amount of the proposed lien and

to give the landowners a reasonable amount of time to pay the lien

before the lien is placed against the property. Also, Texas proposes to

revise paragraph (b) to read: ``(b) The statement is a lien on the land

second only to a property tax lien. The amount of the lien may not

exceed the amount determined by either of two appraisals, as provided

under Sec. 12.815 (relating to Appraisals), to be the increase in the

market value of the land as a result of the restoration, reclamation,

abatement, control, or prevention of the adverse effects of past mining

practices.'' In addition, Texas proposes to revise paragraph (c), so

that the State cannot file liens, under this section, against the

property of anyone who owned the surface before May 2, 1977, and did

not consent to, participate in, or exercise control over the mining

operation that made the reclamation under this chapter necessary.

Finally, Texas proposes to add two new paragraphs. New paragraph (e)

allows the Commission to waive the lien if the cost of filing exceeds

the increase in fair market value as a result of the reclamation

activity. New paragraph (f) allows the Commission to waive the lien if

the reclamation work performed on private land primarily benefits

health, safety or environmental values of the community or area in

which the land is located, or if reclamation is necessary because of an

unforeseen occurrence and the work performed to restore the land will

not result in a significant increase in the market value of the land as

it existed immediately before the occurrence.

8. Section 12.817 Satisfaction of Liens

Texas proposes not to repeal this section, but to retain it.

9. Section 12.818 Entry for Emergency Reclamation

Texas proposes to renumber this section from section 12.815 to

12.818.

10. Section 12.819 Land Eligible for Acquisition

Texas proposes to renumber this section from section 12.816 to

12.819, to revise paragraph (2) to read, ``the Commission determines

and makes written findings that:,'' and to make some editorial changes

in paragraph (2)(C). Texas also proposes to add new paragraph (3)

stating that OSM approves, in advance, any lands the Commission

acquired by purchase or condemnation. The new paragraph states how much

interest in land the Commission can acquire for the reclamation work

planned or the post-reclamation use of the land and under what

circumstances.

11. Section 12.820 Procedures for Acquisition

Texas proposes to renumber this section from section 12.817 to

12.820.

12. Section 12.821 Acceptance of Gifts of Land

Texas proposes to renumber this section from section 12.818 to

12.821.

13. Section 12.822 Management of Acquired Land

Texas proposes to renumber this section from section 12.819 to

12.822.

14. Section 12.823 Disposition of Reclaimed Land

Texas proposes to renumber this section from section 12.820 to

12.823. Texas also proposes to add a new paragraph (c) that allows the

Commission to transfer administrative

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responsibility for land acquired under this subchapter to any agency or

political subdivision of the State with or without cost to that agency.

In addition, Texas proposes to redesignate old paragraph (c) as new

paragraph (d) and to add language that requires the State to publish a

notice of the proposed land disposition. Finally, the State proposes to

redesignate old paragraphs (d) and (e) as new paragraphs (e) and (f),

respectively.

III. Public Comment Procedures

We are reopening the comment period on the proposed Texas plan

amendment to provide the public an opportunity to reconsider the

adequacy of the proposed amendment in light of the additional materials

Texas submitted. Under the provisions of 30 CFR 884.14 and 884.15(a),

we are seeking comments on whether the proposed amendment satisfies the

applicable plan approval criteria of 30 CFR 884.14. If we decide the

amendment is adequate, it will become part of the Texas plan.

Written Comments

Your written comments should be specific, pertain only to the

issues proposed in this rulemaking, and include explanations in support

of your recommendations. In the final rulemaking, we will not

necessarily consider comments received after the time indicated under

``DATES'' or at locations other than the Tulsa Field Office. Also, we

will not necessarily include these comments in 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 abandoned mine land reclamation plans and revisions since each

plan is drafted and published by a specific State, not by OSM.

Decisions on proposed State abandoned mine land reclamation plans and

revisions 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 30 CFR Parts 884 and 888.

National Environmental Policy Act

This rule does not require an environmental impact statement since

agency decisions on proposed State abandoned mine land reclamation

plans and revisions 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 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 published 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.

Unfunded Mandates

OSM has determined and certifies under 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 936

Intergovernmental relations, Surface mining, Underground mining.

Dated: September 25, 1998.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.

[FR Doc. 98-26490 Filed 10-1-98; 8:45 am]

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