Illinois Abandoned Mine Land Reclamation Plan

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 913

[SPATS No. IL-093-FOR]

Illinois Abandoned Mine Land Reclamation Plan

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

Interior.

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is approving a proposed amendment to the Illinois

abandoned mine land reclamation plan (Illinois plan) under the Surface

Mining Control and Reclamation Act of 1977 (SMCRA). Illinois proposed

revisions and additions to the Illinois plan relating to agency

reorganization, legal opinion, definitions, project priorities,

utilities and other facilities, eligible coal lands and water, eligible

non-coal lands and water, project selection, annual grant process,

liens, rights of entry, public participation, bidding requirements and

conditions, contracts, and contractor responsibility. The amendment is

intended to revise the Illinois plan to be consistent with the

corresponding

[[Page 3414]]

Federal regulations and SMCRA and improve operational efficiency.

EFFECTIVE DATE: January 22, 1999.

FOR FURTHER INFORMATION CONTACT: 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, Indiana 46204-1521, Telephone (317)

226-6700.

SUPPLEMENTARY INFORMATION:

I. Background on the Illinois Plan

II. Submission of the Proposed Amendment

III. Director's Findings

IV. Summary and Disposition of Comments

V. Director's Decision

VI. Procedural Determinations

I. Background on the Illinois Plan

On June 1, 1982, the Secretary of the Interior approved the

Illinois plan. You can find background information on the Illinois

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

and the approval of the plan in the June 1, 1982, Federal Register (47

FR 23886). You can find later actions concerning the Illinois plan and

amendments to the plan at 30 CFR 913.25.

II. Submission of the Proposed Amendment

By letter dated October 22, 1998 (Administrative Record No. IL-

5022), Illinois submitted a proposed amendment to its plan under SMCRA.

The amendment consisted of new and revised narrative discussions and

implementing regulations. Illinois sent the amendment in response to a

letter dated September 26, 1994 (Administrative Record No. IL-700-AML),

that we sent to Illinois under 30 CFR 884.15(d). The amendment also

includes changes made at Illinois' own initiative.

We announced receipt of the proposed amendment in the November 11,

1998, Federal Register (63 FR 63630). In the same document, we opened

the public comment period and provided an opportunity for a public

hearing on the adequacy of the proposed amendment. The public comment

period closed on December 16, 1998.

During our review of the amendment, we identified concerns relating

to nonsubstantive editorial errors in Personnel (30 CFR 884.13(d)(2));

Procurement (30 CFR 884.13(d)(3)); 62 IAC 2501.10, Eligible Coal Lands

and Water; 62 IAC 2501.11, Eligible Non-coal Lands and Water; 62 IAC

2501.16, Final Selection and Project Deferment; 62 IAC 2501.19, Annual

Grant Process; 62 IAC 2501.25, Reclamation on Private Lands; 44 IAC

1150.40, Severability; 44 IAC 1150.200, Bidding Requirements and

Conditions; 44 IAC 1150.300, Awards and Execution of Contract; and 44

IAC 1150.1300, Contract Negotiations. We notified Illinois of these

concerns by letter dated December 16, 1998 (Administrative Record No.

IL-5034). However, because the editorial errors were nonsubstantive, we

are proceeding with this final rule.

III. Director's Findings

Set forth below, under SMCRA and the Federal regulations at 30 CFR

884.14 and 884.15, are our findings concerning the proposed amendment.

Revisions not specifically discussed below concern nonsubstantive

wording changes, or revised cross-references and paragraph notations to

reflect organizational changes resulting from this amendment.

1. General Changes

a. Illinois made the following reference changes throughout its

narrative and implementing regulations: all references to the

``Abandoned Mined Lands Reclamation Council'' and ``Council'' have been

changed to the ``Illinois Department of Natural Resources'' or

``Department''; all references to the ``Executive Director'' have been

changed to the ``Director of the Office of Mines and Mineral,''

``Director of the Department,'' or ``Director,'' as appropriate; all

references to ``Soil Conservation Service'' have been changed to

``Natural Resources Conservation Service''; and all references to

``him'' have been revised to ``him/her'' or some other gender neutral

reference.

Illinois also made the following statutory reference changes

throughout 62 IAC 2501: Ill. Rev. Stat. 1991, ch 96\1/2\, pars. 8001.01

et seq. was changed to 20 ILCS 1920; Ill. Rev. Stat. 1985, ch. 96\1/2\,

par. 8001.03(a)(7) was changed to 20 ILCS 1920/1.03(5); Ill. Rev. Stat.

1985, ch. 96\1/2\, par. 8001.01 et seq. was changed to 20 ILCS 1920;

Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq. was changed to 5

ILCS 100; Ill. Rev. Stat. 1989, ch. 96\1/2\, par. 8001.02(a) was

changed to 20 ILCS 1920/1.02; Ill. Rev. Stat. 1989, ch. 96\1/2\, par.

8001.03(a) was changed to 20 ILCS 1920/2.03(a); Ill. Rev. Stat. 1985,

ch. 96\1/2\, par. 8003.05 was changed to 20 ILCS 1920/3.05; Ill. Rev.

Stat. 1989, ch. 96\1/2\, par. 8002.09(b) was changed to 20 ILCS 1920/

2.09; Ill. Rev. Stat. 1983, ch. 96\1/2\, par. 800.04(d) was changed to

20 ILCS 1920/2.04(d); and Ill. Rev. Stat. 1985, ch. 127, pars.133b1 et

seq. was changed to 30 ILCS 605.

Finally, Illinois made the following statutory reference changes

throughout 44 IAC 1150: Ill. Rev. Stat. 1985, ch. 96\1/2\, pars.

8001.01 et seq. and Ill. Rev. Stat. 1991, ch. 127, par. 1005-75 were

changed to 20 ILCS 1920 and 5 ILCS 100/5-75, respectively.

We approve the above revisions because they do not alter the

substance of the Illinois plan.

b. 62 IAC 2501.1, Scope. Illinois revised the scope of this section

to reflect the creation of the IDNR. We approve the revision because it

merely reflects agency reorganization.

c. 62 IAC 2501.4, Definitions. Illinois removed the definition of

``council'' and added the definition of ``department'' to reflect the

creation of the IDNR. We approve the removal and addition of these

definitions because they merely reflect agency reorganization.

Illinois also expanded the definition of ``Federal Office'' to

refer to ``OSM.'' We approve the revised definition because it merely

clarifies the existing approved definition.

2. Plan Narrative: Introduction

Illinois revised this section of its plan narrative to describe the

history of the Illinois Abandoned Mined Lands Reclamation Program, the

creation of the Department of Natural Resources, and the requirements

of Title V of the Surface Mining Control and Reclamation Act of 1977.

We approve Illinois' revised narrative because it does not alter the

substance of the Illinois plan.

3. Eligible Coal Lands and Water

Eligible Coal Lands and Water, (30 CFR 874.12(e)). Illinois added

this new section to its plan narrative to state that the provisions of

62 IAC 2501.10 detail the eligibility of coal lands and waters for

reclamation and abatement. We approve the addition of this section to

the Illinois plan narrative because it is not inconsistent with the

requirements of 30 CFR 884.13.

Section 2501.10, Eligible Coal Lands and Water. Illinois added new

paragraphs (d) through (h) to its implementing regulations at 62 IAC

2501.10 to read as follows:

(d) Notwithstanding subsections (a), (b) and (c) of this

section, coal lands and waters damaged and abandoned after August 3,

1997 by coal mining processes are also eligible if the Department,

with the concurrence of OSM, finds in writing that:

(1) They were mined for coal or affected by coal mining

processes; and

(A) The mining occurred and the site was left in either an

unreclaimed or inadequately reclaimed condition between August 4,

1977 and June 1, 1982, and any funds for reclamation or abatement

that are available pursuant to a bond or other form of financial

guarantee or from any other source are not

[[Page 3415]]

sufficient to provide for adequate reclamation or abatement at the

site, or

(B) The mining occurred between August 4, 1977 and November 5,

1990 and the surety of the mining operator became insolvent during

that period, and as of November 5, 1990, funds immediately available

from proceedings relating to insolvency, or from any financial

guarantee or other source, are not sufficient to provide for

adequate reclamation or abatement at the site; and

(2) The site qualifies as a priority 1 or 2 site under Section

2501.7(c) and (e) of this Part.

(e) The Department may expend funds available under subsections

402(g)(1) and (5) of the Surface Mining Control and Reclamation Act

for reclamation and abatement of any site eligible under Subsection

(d) above, if the Department, with concurrence of OSM, makes the

findings required in subsection (d) above and the Department

determines that the reclamation priority of the site is the same or

more urgent that the reclamation priority for the lands and water

eligible pursuant to subsections (a), (b) or (c) above that quality

as a priority 1 or 2 site under Section 403(a) of the Surface Mining

Control and Reclamation Act (30 U.S.C. 1233(a)).

(f) With respect to lands and waters eligible pursuant to

subsection (d) or (e) above, monies available from sources outside

the Abandoned Mine Reclamation Federal Trust Fund or that are

ultimately recovered from responsible parties shall either be used

to offset the cost of the reclamation or transferred to the

Abandoned Mine Reclamation Federal Trust Fund if not required for

further reclamation activities at the permitted site.

(g) If reclamation of a site covered by an interim or permanent

program permit is carried out under the AML program, the permittee

of the site shall reimburse the AML Fund for the cost of reclamation

that is in excess of any bond forfeited to ensure reclamation. The

Department, when performing reclamation under subsection (d) above

shall not be held liable for any violations of any performance

standards or reclamation requirements specified in Title V of the

Federal Act, or in the Surface Coal Mining Land Conservation and

Reclamation Act [225 ILCS 720], nor shall a reclamation activity

undertaken on such lands or waters be held to any standards set

forth in those Acts.

(h) Surface coal mining operations on lands eligible for

remining shall not affect the eligibility of such lands for

reclamation and restoration after the release of the bonds or

deposits posted by any such operation. If the bond or deposit for a

surface coal mining operation on lands eligible for remining is

forfeited, AML funds may be used if the amount of such bond or

deposit is not sufficient to provide for adequate reclamation or

abatement, except that if emergency conditions warrant, the

Department shall immediately exercise its authority under the

Emergency program.

We approve the addition of the above provisions at 62 IAC

2501.10(d) through (h) because they are substantively identical to the

counterpart Federal provisions found at 30 CFR 874.12(d) through (h).

4. Exclusion of Certain Non-coal Reclamation Sites

Exclusion of Certain Non-coal Reclamation Sites, (30 CFR 875.16).

Illinois added this new section to its plan narrative to state that the

provisions of 62 IAC 2501.11 detail the eligibility of non-coal lands

and waters for reclamation and abatement. We approve the addition of

this section to the Illinois plan narrative because it is not

inconsistent with the requirements of 30 CFR 884.13.

Section 2501.11, Eligible Non-coal Lands and Water. Illinois added

this new section to its implementing regulations at 62 IAC 2501.11 to

provide reclamation eligibility guidelines for non-coal lands and

water. Non-coal lands and water are eligible for reclamation activities

if they were mined or affected by mining processes; they were mined

before August 3, 1977, and left or abandoned in either an unreclaimed

or inadequately reclaimed condition; the operator, permittee, or agent

of the permittee has no continuing responsibility for reclamation under

statutes of the State or Federal Government due to bond forfeiture, and

the forfeited bond is insufficient to pay the total cost of

reclamation; the Governor agrees that reclamation is necessary and

submits a letter of request to the Federal Office; it is necessary for

the protection of the public health and safety, general welfare and

property; and the lands and water are not designated for remedial

action under the Uranium Mill Tailings Radiation Control Act of 1978 or

have been listed for remedial action under the Comprehensive Response

Compensation and Liability Act of 1980.

We approve the addition of the above provisions at 62 IAC 2501.11

because paragraphs (a) through (e) are substantively identical to the

counterpart Federal provisions found at 30 CFR 875.12(a) through (e)

and paragraph (f) is substantively identical to the counterpart Federal

provision found at 30 CFR 875.16. Paragraph (f) also satisfies a

requirement of OSM's September 26, 1994, letter.

5. Authorization by the Governor

Illinois revised this section of its plan narrative to reflect the

creation the Illinois Department of Natural Resources (IDNR).

Previously, this section consisted of a letter from the Governor

designating the Abandoned Mined Lands Reclamation Council as the agency

responsible for administering the State Abandoned Mined Lands program.

Illinois' revised narrative states that authority for administering the

State Abandoned Mined Lands program is established by statute. The

Abandoned Mined Lands and Water Reclamation Act, as amended,

establishes that IDNR's Office of Mines and Minerals is responsible for

administering the State reclamation program and receiving and

administering grants under 30 CFR Part 886. We approve Illinois'

revised narrative because it meets the requirement of 30 CFR 884.13(a),

which requires the State reclamation plan to have a designation by the

Governor of the State of the agency authorized to administer the State

reclamation program and to receive and administer grants under 30 CFR

Part 886.

6. Legal Opinion

Illinois revised this section of its plan narrative by replacing a

letter from the chief legal officer of the Abandoned Mined Lands

Reclamation Council with a letter from the chief legal officer of IDNR.

We approve Illinois' revised narrative because it meets the requirement

of 30 CFR 884.13(b), which requires the State reclamation plan to have

a legal opinion from the State Attorney General or the chief legal

officer of the State agency that the designated agency has the

authority under State law to conduct the State reclamation program.

7. Project Selection

Project Selection, (30 CFR 884.13(c)(2))

Illinois revised this section of its plan narrative to state that

sections 2501.7, 2501.8, 2501.10, 2501.11, 2501.13, 2501.16, and

2501.34 of the rules entitled ``Abandoned Mined Land Reclamation''

detail Abandoned Mined Lands project selection. We approve Illinois'

revised plan narrative because it meets the requirement of 30 CFR

884.13(c)(2), which requires a State reclamation plan to have a

description of the policies and procedures that the designated agency

will follow in conducting the reclamation program, including the

specific criteria for ranking and identifying projects to be funded.

Section 2501.7, Objectives and Priorities

Illinois revised its implementing regulations at 62 IAC 2501.7(c)

by removing a priority concerning the expenditure of Abandoned Mined

Lands money on research and demonstration projects relating to the

development of surface mining reclamation and water quality control

program and methods

[[Page 3416]]

and techniques. We approve the revision of the above provision because

it is substantively identical to the counterpart Federal provision

found at Section 403(a) of SMCRA.

Illinois also added new paragraphs (d) and (e) to its implementing

regulations at 62 IAC 2501.7. Paragraph (d) concerns the order in which

projects are addressed. Paragraph (e) concerns the designation of

projects that have an adverse economic impact upon a community. We

approve the addition of the above provisions because they are

substantively identical to the counterpart Federal provisions found at

30 CFR 874.13(b) and 30 CFR 874.12(d)(3), respectively.

Finally, at section 2501.7(f), Illinois revised the date by which

the Department may make expenditure obligations on lands mined for

substances other than coal. The date was changed from August 14, 1994,

to August 31, 1999. We approve the revision of the above provision

because it is not inconsistent with the provisions of 30 CFR 875.12,

which detail when non-coal lands and waters are eligible for

reclamation.

Section 2501.8, Utilities and Other Facilities

Illinois added this new section to its implementing regulations to

provide guidance on use of Abandoned Mined Lands funds for water

supplies. Section 2501.8(a) allows the Department to use up to 30

percent of the annual Abandoned Mined Lands funds for the purpose of

protecting, repairing, replacing, constructing, or enhancing facilities

relating to water supplies, including water distribution facilities and

treatment plants, to replace water supplies adversely affected by coal

mining practices. Section 2501.8(b) provides that adverse effects on

water supplies that occurred both before and after August 3, 1977, are

eligible for Abandoned Mined Lands funds, in spite of the criteria

specified in Section 2501.10(b), if the Department finds as part of its

eligibility opinion that the adverse effects are caused predominantly

by mining processes undertaken and abandoned before August 3, 1977.

Section 2501.8(c) provides that adverse effects on water supplies that

occurred both before and after the dates (and under the criteria) set

forth in Section 2501.10(d) are eligible for Abandoned Mined Lands

funds, notwithstanding the criteria specified in Section 2501.10(b), if

the Department finds as part of its eligibility opinion that the

adverse effects are caused predominately by mining processes undertaken

and abandoned before those dates. Finally, section 2501.8(d) provides

that enhancement of facilities or utilities includes upgrading to meet

any local, State, or Federal public health or safety requirement.

Enhancement does not include service area expansion not necessary to

address a specific abandoned mine land problem.

We approve the addition of the above provisions at 62 IAC 2501.8

because they are substantively identical to the counterpart Federal

provisions found at 30 CFR 874.14.

Section 2501.13, Preliminary Project Selection

Illinois revised its implementing regulations at 62 IAC 2501.13(b)

to require the Department to select reclamation projects from a

database that contains all known abandoned mine sites in the State

which are eligible under Sections 2501.10 and 2501.11. Also, at 62 IAC

2501.13(b), Illinois revised the list of problem conditions the

Department is to use to determine which sites are in the most need of

reclamation. New section 2501.13(b)(9) provides that flooding of roads

or improved property caused by sedimentation from Abandoned Mined Lands

sites is a problem condition. New section 2501.13(b)(10) provides that

hazardous recreational water bodies is a problem condition. Existing

sections 2501.13(b)(9) and (10) were redesignated as sections

2501.13(b)(11) and (12). Finally, Illinois added new section

2501.13(b)(13) to provide that coal refuse material or spoilbanks

adversely affecting lands or water resources is a problem condition.

We approve the revision and addition of the above provisions at 62

IAC 2501.13(a) and (b) because they meet the requirements of 30 CFR

874.13, which requires States to conduct reclamation projects in a

manner that is consistent with OSM's ``Final Guidelines for Reclamation

Programs and Projects'' (61 FR 68777--68785, December 30, 1996), and

reflect the priorities of Section 403(a) of SMCRA.

Section 2501.16, Final Selection and Project Deferment

Illinois revised its regulations at 62 IAC 2501.16(a) to further

detail the criteria by which the Department will identify and rank

Abandoned Mined Lands projects. We approve the revision of the above

provision because it provides additional satisfaction of the

requirements of 30 CFR 874.13.

8. Coordination of Reclamation Activities

Illinois revised this section of its plan narrative to require that

Abandoned Mined Lands staff meet with Natural Resource Conservation

Service Rural Abandoned Mine Program coordinators on an annual basis to

coordinate reclamation activities. We approve Illinois' revised plan

narrative because it meets the requirement of 30 CFR 884.13(c)(3),

which requires a State reclamation plan to include a description of the

policies and procedures that the designated agency will follow in

conducting the reclamation program, including the coordination of

reclamation work among the State reclamation program and the Rural

Abandoned Mine Program administered by the Natural Resource

Conservation Service.

9. Reclamation of Private Land

Reclamation of Private Land, (30 CFR 884.13(c)(5))

Illinois revised this section of its plan narrative to include an

explanation of language found at 62 IAC 2501.25(b)(2). We find that the

addition of this explanatory language merely clarifies the existing

provision. Therefore, this section of the plan narrative continues to

meet the Federal requirements at 30 CFR 884.13(c)(5) to describe the

policies and procedures regarding reclamation on private land under 30

CFR Part 882.

Section 2501.25, Reclamation on Private Lands

Illinois added new paragraph (b)(3) to its implementing regulations

at 62 IAC 2501.25 to allow the Department to waive a lien if it finds,

before construction, that the reclamation work is being undertaken

solely to seal, fill, or mark an open or settled mine shaft, drift or

slope entry, adit or other mine opening or a subsidence pit. We approve

the addition of the above provision because it is consistent with the

provisions of 30 CFR 882.13(a)(3), which allows a state to waive a lien

if findings made prior to construction indicate that the reclamation

work primarily benefits health, safety, or environmental values of the

greater community or area in which the land is located; or if the

reclamation is necessitated by an unforseen occurrence, and the work

will not result in a significant increase in the market value of the

land as it existed immediately before the unforseen occurrence.

Illinois also revised its implementing regulations at 62 IAC

2501.25(c)(2) and (3). At 2501.25(c)(2), Illinois added

[[Page 3417]]

language to provide that a reclamation lien created under Section 2.09

of the State Act will continue to exist until satisfied, subject only

to the 40-year limitation period and the requirements of Sections 13-

118 through 13-121 of the Code of Civil Procedure [735 ILCS 5/13-118 et

seq.]. At 2501.25(c)(3), Illinois revised the language to allow the

Department to request appropriate foreclosure action by the Attorney

General to satisfy the lien if the reclaimed property is transferred

for an actual consideration in excess of the appraised fair market

value of the property after reclamation, and the lien is not satisfied

at the time of transfer. We approve the addition and revision of the

above provisions because they are consistent with the provision at 30

CFR 882.14(b), which requires states to maintain or renew liens from

time to time as required under State or local law.

10. Public Participation

Public Participation, (30 CFR 884.13(c)(7))

Illinois revised this section of its plan narrative concerning

preparation of the original state plan, promulgation of rules and plan

amendments, public participation in the reclamation program, compliance

with Executive Order 12372, and the list of regional clearinghouses.

Included in the revision to ``public participation in the reclamation

program'' is a reference to the newly proposed provisions at 62 IAC

2501.40.

Section 2501.40, Public Participation

Illinois added this new section to its implementing regulations at

62 IAC 2501.40 to provide for public participation in the Abandoned

Mined Lands program and projects. Section 2501.40(a) provides that any

interested party may submit information and comments to the Director of

the Department, the Director of the Office of Mines and Minerals, or

the Manager of the Abandoned Mined Lands Division at any time. Section

2501.40(b) requires that the Department handle verbal and written

requests for information as quickly as possible, and that requests made

under the Freedom of Information Act (5 ILCS 140) be made and handled

in accordance with the generally applicable procedures of the

Department of Natural Resources. Section 2501.40(c) requires the

Department to have available, upon request, copies of the Illinois

State Reclamation Plan for Abandoned Mined Lands, Office of Mines and

Minerals Annual and Bi-Annual Reports, specific project reports, and

brochures and program materials. However, the availability of such

reports, brochures and program materials can not be deemed a waiver of

the Department's right to charge fees for its actual cost of

reproducing and certifying public records requests under the Freedom of

Information Act. Further, the Department may charge fees for its actual

cost for providing multiple copies of free publications. Finally,

section 2501.40(d) was added to read as follows:

(d) The Department shall hold such public meetings as it

determines necessary and appropriate to advise the public of planned

or ongoing AML projects, and to solicit input and participation in

the AML program. Any interested person may request, in writing, that

the Department hold a public meeting in connection with any AML

project or program activity. Upon receipt of a written request to

hold a public meeting, the Department shall contact the landowners

directly involved in the project, as well as the local government

bodies that may be interested. The Department shall schedule a

public meeting if it determines that sufficient public interest

exists to warrant the public meeting.

We approve Illinois' revised plan narrative and the addition of 62

IAC 2501.40 because they meet the requirements of 30 CFR 884.13(c)(7),

which requires a State reclamation plan to have a description of the

policies and procedures that the designated agency will follow in

conducting the reclamation program, including public participation and

involvement in the preparation of the State reclamation plan and in the

State reclamation program.

11. Administration

Illinois revised this section of its plan narrative to reflect the

reorganization of the Division of Abandoned Mined Lands Reclamation,

within the Office of Mines and Minerals, Department of Natural

Resources. They also updated the list of other State offices and

agencies. We approve Illinois' revised plan narrative because it meets

the requirement of 30 CFR 884.13(d)(1), which requires a State

reclamation plan to have a description of the administrative and

management structure to be used in conducting the reclamation program,

including the organization of the designated agency and its

relationship to other State organizations or officials that will

participate in or augment the agency's reclamation capacity.

12. Personnel

Illinois revised this section of its plan narrative to reflect

changes in its administrative and management structure and its

personnel staffing policies. We approve Illinois' revised plan

narrative because it meets the requirement of 30 CFR 884.13(d)(2),

which requires a State reclamation plan to have a description of the

administrative and management structure to be used in conducting the

reclamation program, including the personnel staffing policies which

will govern the assignment of personnel to the State reclamation

program.

13. Procurement

Procurement, (30 CFR 884.13(d)(3))

Illinois revised this section of its plan narrative by changing all

references to the Illinois Purchasing Act to the Illinois Procurement

Code. They also removed language about the provisions of Section 5 and

Section 9.01 of the Illinois Purchasing Act. Finally, Illinois revised

its discussion about the exceptions to the competitive bidding

requirements of the Illinois Procurement Code. We approve Illinois'

revised plan narrative because it meets the requirement of 30 CFR

884.13(d)(3), which requires a State reclamation plan to have a

description of the administrative and management structure to be used

in conducting the reclamation program, including the purchasing and

procurement systems to be used by the agency.

44 IAC 1150. Illinois revised the following sections of its

implementing regulations at 44 IAC 1150: Section 1150.10, Purpose;

Section 1150.20, Scope; Section 1150.30; Applicability; Section

1150.100, Definition of Terms; Section 1150.200, Bidding Requirements

and Conditions; Section 1150.300, Award and Execution of Contract;

Section 1150.400, Contracts Involving Expenditures of $30,000.00 or

Less; Section 1150.500, Emergency Contracting; Section 1150.700,

Applicability; Section 1150.800, Prequalification; Section 1150.900,

Subcontracting; Section 1150.1000, Requests for Proposals; and Section

1150.1300, Contract Negotiations. In addition, Illinois added the

following sections to its implementing regulations at 44 IAC 1150:

Section 1150.1100, Evaluation Procedure; Section 1150.1200, Selection

Procedure; Section 1150.1325, Exemptions; and Section 1150.1350, Firm

Performance Evaluations.

We approve the revisions to and additions of the above provisions

because they meet the requirements of 30 CFR 884.13(d)(3), which

requires a State reclamation plan to have a description of the

administrative and management structure to be used in conducting the

reclamation program,

[[Page 3418]]

including the purchasing and procurement systems to be used by the

agency.

Section 1150.300(e)

Illinois added paragraph (e) to its implementing regulations at 44

IAC 1150.300 to read as follows:

(1) Under 30 CFR 874.16, every successful bidder for a federally

funded AML contract must be eligible under 30 CFR 773.15(b)(1) at

the time of contract award to receive a permit or conditional permit

to conduct surface coal mining operations. Bidder eligibility must

be confirmed by the federal Office of Surface Mining, Reclamation

and Enforcement's automated Applicant/Violator System (AVS) for each

contract to be awarded.

(2) At the time the successful bidder is notified by letter of

intent that his/her bid will be accepted, the Department will

provide to the bidder an Ownership/Control (``O/C'') information

package. The bidder shall completely fill out the forms and return

the completed forms to the Department. The Department will forward

the completed forms to OSM at the Lexington, Kentucky AVS office for

data entry and compliance check.

(3) All subcontractors who will receive 10% or more of the total

contract funding will also be required to submit an O/C information

package and be subject to the OSM/AVS compliance check, prior to

receiving the Department's approval of subcontractor.

(4) Any contract inspector, selected through a bidding process,

regardless of the percentage of contract funding, will also be

required to submit an O/C information package and be subject to the

OSM/AVS compliance check.

(5) The Department shall deny a contract and cancel the award

upon OSM's recommendation that the successful bidder is not eligible

for an AML contract. The Department shall deny approval of a

subcontractor upon OSM's recommendation that the subcontractor is

not eligible for an AML contract. The Department shall deny an

inspection contract upon OSM's recommendation that the contract

inspector is not eligible for an AML contract.

(6) Any person denied an AML contract or participation in an AML

funded project, shall appeal the decision and recommendation of OSM

directly to OSM. Appeal should be made to establish eligibility for

future AML projects. The Department will not delay a project pending

appeal. The Department's role in the AVS compliance check process is

ministerial and does not involve exercise of independent judgement

or review of OSM's decision and recommendation. The Department shall

not be responsible for any damages sustained by any person by reason

of OSM's determination as to eligibility for AML contracts.

(7) After a Contractor, subcontractor, or contract inspector has

once submitted an O/C information package and has been entered into

the AVS in connection with an AML project, the Department may, in

connection with subsequent projects, provide dated AVS printouts

reflecting the information submitted and the current AVS

recommendation, along with an AML Contractor O/C Data Certification

form. The Contractor, subcontractor, or contract inspector shall

complete and submit the certification in place of the O/C

information package, in the same manner as provided above.

(8) Any potential AML Contractor, subcontractor or contract

inspector may submit O/C information directly to OSM and the

Lexington AVS Office, to predetermine eligibility for AML contracts.

We approve the addition of the above provisions because they meet

the requirements of 30 CFR 874.16 and 30 CFR 875.20 and satisfy a

requirement of the September 26, 1994, letter we sent to Illinois under

30 CFR 884.15(d).

14. Reclamation Activity

Illinois revised the amount of acreage in need of reclamation and

the amount of acreage funded through the emergency response program in

this section of its plan narrative. Illinois also added a new paragraph

on the reclamation activity entitled ``Reclamation of Mine

Subsidence.'' We approve Illinois revised plan narrative because it

meets the requirement of 30 CFR 884.13(e), which requires a State

reclamation plan to have a general description, derived from available

data, of the reclamation activities to be conducted under the State

reclamation plan, including the known or suspected eligible lands and

waters within the State which require reclamation.

15. Reports

Illinois added this new section to its plan narrative to state that

the Department will submit the OSM-76 Form, or its electronic

counterpart in the Abandoned Mine Land Inventory System, at the time of

project completion. We approve the addition of this section to

Illinois' plan narrative because it satisfies a requirement of the

September 26, 1994, letter we sent to Illinois under 30 CFR 884.15(d).

It is also consistent with 30 CFR 886.23(b), which requires a State

agency to submit a completed Form OSM-76 and any other closeout reports

specified by OSM upon completion of a project.

16. Priorities, (20 ILCS 1920/2.03(4))

Illinois added this new section to its plan narrative to state that

legislative measures will be taken to ensure compatibility between

state statutes and federal regulations. This section recognizes that

section 2.03(a) of the Abandoned Mined Lands and Water Reclamation Act

is inconsistent with section 403(a) of SMCRA and 62 IAC 2501.7 and

ensures that legislative action will be taken to correct this

disparity. We approve the addition of this section to the plan

narrative because it is not inconsistent with the requirements of 30

CFR 884.13.

17. 62 IAC 2501.19, Annual Grant Process

Illinois removed the language found in this section and replaced it

with language requiring the Department to submit an annual grant

application to OSM in accordance with the requirements of 30 CFR Part

886 to cover allowable costs of the Abandoned Mined Lands program. We

find that Illinois' definition of allowable costs is substantively the

same as the counterpart Federal definition of allowable costs found at

30 CFR 886.21. We further find that Illinois' requirement for an annual

submission of a grant application is not inconsistent with the

requirements of 30 CFR Part 886. Therefore, we approve Illinois'

revision of this section.

IV. Summary and Disposition of Comments

Public Comments

We asked for public comments on the amendment, but did not receive

any.

Federal Agency Comments

Under 30 CFR 884.14(a)(2) and 884.15(a), we requested comments on

the amendment from various Federal agencies with an actual or potential

interest in the Illinois plan (Administrative Record No. IL-5027). No

comments were received.

U.S. Environmental Protection Agency (EPA)

Under 30 CFR 884.14(a)(6), we are required to get a written

agreement from the EPA for those provisions of the program amendment

that relate to air or water quality standards issued under the

authority of the Clean Water Act (33 U.S.C. 1251 et seq.) or the Clean

Air Act (42 U.S.C. 7401 et seq.). None of the revisions that Illinois

proposed to make in this amendment pertain to air or water quality

standards. Therefore, we did not ask the EPA to agree on the amendment.

U.S. Fish and Wildlife Service (FWS)

Under section 7 of the Endangered Species Act of 1973, as amended

(16 U.S.C. 1531 et seq), we are required to ask the FWS to determine

whether those provisions of the program amendment that relate to fish,

wildlife, or plants and their habitat are likely to jeopardize the

continued existence of species listed as endangered or threatened

(under the authority of section 4 of the Endangered Species Act of

1973) or result in the

[[Page 3419]]

destruction or adverse modification of their habitat. None of the

revisions that Illinois proposed to make in this amendment pertain to

fish, wildlife, or plants and their habitat. Therefore, we did not ask

the FWS for its determination under section 7 of the Endangered Species

Act of 1973.

State Historical Preservation Officer (SHPO) and the Advisory Council

on Historic Preservation (ACHP)

Under 30 CFR 884.14(a)(6), we are required to request comments from

the SHPO and ACHP on amendments that may have an effect on historic

properties. On November 6, 1998, we requested comments on Illinois'

amendment (Administrative Record No. IL-5027), but neither responded to

our request.

V. Director's Decision

Based on the above findings, we approve the proposed plan amendment

as submitted by Illinois on October 22, 1998.

We approve the rules as proposed by Illinois with the provision

that they be fully promulgated in identical form to the rules submitted

to and reviewed by OSM and the public.

The Federal regulations at 30 CFR Part 913, codifying decisions

concerning the Illinois plan, are being amended to implement this

decision. This final rule is being made effective immediately to

expedite the State plan amendment process and to encourage States to

bring their plans into conformity with the Federal standards without

undue delay. Consistency of State and Federal standards is required by

SMCRA.

VI. 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).

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

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

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

reclamation plans and revisions 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 and Tribal 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 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 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 913

Intergovernmental relations, Surface mining, Underground mining.

Dated: January 8, 1999.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.For the

reasons set out in the preamble, 30 CFR Part 913 is amended as set

forth below:

PART 913--ILLINOIS

1. The authority citation for Part 913 continues to read as

follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 913.25 is amended in the table by adding a new entry in

chronological order by ``Date of final publication'' to read as

follows:

Sec. 913.25 Approval of Illinois abandoned mine land reclamation plan

amendments.

* * * * *

----------------------------------------------------------------------------------------------------------------

Date of final

Original amendment submission date publication Citation/description

----------------------------------------------------------------------------------------------------------------

* * * * * *

*

October 22, 1998..................... January 22, 1999....... Illinois Plan Narrative; 62 IAC 2501.1, .4, .7,

.8, .10, .11, .13, .16, .19, .22, .25, .28,

.31, and .40; 44 IAC 1150.10, 20, .30, .100,

.200, .300, .400, .500, .700, .800, .900,

.1000, .1100, .1200, .1300, .1325, and .1350.

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[[Page 3420]]

[FR Doc. 99-1444 Filed 1-21-99; 8:45 am]

BILLING CODE 4310-05-P