Proposed Greybull Sewer Replacement Project in Wyoming

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

Proposed Greybull Sewer Replacement Project in Wyoming

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

Interior.

ACTION: Notice of application for grant funding; public comment period

on request to fund the Greybull Sewer Replacement project.

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SUMMARY: OSM is announcing its receipt of a grant application from the

Wyoming Department of Environmental Quality, Abandoned Mine Land

Division (AMLD). Wyoming is requesting $302,885 from the Abandoned Mine

Reclamation Fund to pay approximately 85 percent of the cost of

building the Greybull Sewer Replacement project in Greybull, Wyoming.

In its application, the State proposes paying for part of the

reconstruction cost as a public facility project that will benefit a

community impacted by coal mining activities.

This notice describes when and where the Wyoming abandoned mine

land (AML) program and the grant application for funding the Greybull

Sewer Replacement project are available for you to read. It also sets

the time period during which you may send written comments on the

request to us.

DATES: We will accept written comments until 4 p.m., m.s.t., July 23,

1999.

ADDRESSES: You should mail or hand-deliver written comments to Guy V.

Padgett, Casper Field Office Director, at the address shown below. You

may read Wyoming's grant application for this proposed project during

normal business hours Monday through Friday (excluding holidays) at the

same address. Also, we will send one free copy of the grant application

to you if you contact OSM's Casper Field Office.

Guy V. Padgett, Director, Casper Field Office, Office of Surface Mining

Reclamation and Enforcement, Federal Building, Rm. 2403, 100 East ``B''

Street, Casper, Wyoming 82601-1918

FOR FURTHER INFORMATION CONTACT: Guy V. Padgett, Telephone: (307) 261-

6555.

SUPPLEMENTARY INFORMATION:

I. Background on Title IV of SMCRA

Title IV of the Surface Mining Control and Reclamation Act (SMCRA)

established an Abandoned Mine Land Reclamation (AMLR) program. The

purpose of the AMLR program is to reclaim and restore lands and waters

that were adversely affected by past mining. The program is funded by a

reclamation fee paid by active coal mining operations. Lands and waters

eligible for reclamation under Title IV are primarily those that were

mined, or affected by mining, and abandoned or inadequately reclaimed

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

responsibility under State, Federal, or other laws.

Title IV of SMCRA allows States to submit AMLR plans to us. We, on

behalf of the Secretary, review those plans and consider any public

comments we receive about them. If we determine that a State has the

ability and necessary legislation to operate an AMLR program, the

Secretary can approve it. The Secretary's approval gives a State

exclusive authority to put its AMLR plan into effect.

Once the Secretary approves a State's AMLR plan, the State may

annually apply to us for money to fund specific projects that will

achieve the goals of its approved plan. We follow the requirements of

the Federal regulations at 30 CFR parts 874, 875, and 886 when we

review and approve such applications.

II. Background on the Wyoming AMLR Plan

The Secretary of the Interior approved Wyoming's AMLR plan on

February 14, 1983. You can find background information on the Wyoming

AML program, including the Secretary's findings and our responses to

[[Page 33508]]

comments, in the February 14, 1983, Federal Register (48 FR 6536).

Wyoming changed its plan a number of times since the Secretary first

approved it. In 1984, we accepted the State's certification that it

addressed all known coal-related impacts in Wyoming that were eligible

for funding under its program. As a result, the State may now reclaim

low priority non-coal reclamation projects. You can read about the

certification and OSM's acceptance in the May 25, 1984, Federal

Register (49 FR 22139). At the same time, we also accepted Wyoming's

proposal that it will ask us for funds to reclaim any additional coal-

related problems that occur during the life of the Wyoming AML program

as soon as it becomes aware of them. In the April 13, 1992, Federal

Register (57 FR 12731), we announced our decision to accept other

changes in Wyoming's plan that describe how it will rank eligible coal,

non-coal, and facility projects for funding. Those changes also

authorized the Governor of Wyoming to elevate the priority of a project

based upon the Governor's determination of need and urgency. They also

expanded the State's ability to construct public facilities under

section 411 of SMCRA. We approved additional changes in Wyoming's plan

concerning noncoal lien authority and contractor eligibility that

improve the efficiency of the State's AML program. That approval is

described in the February 21, 1996, Federal Register (61 FR 6537).

Once a State certifies that it has addressed all remaining

abandoned coal mine problems, and the Secretary concurs, then it may

request funds to undertake abandoned noncoal mine reclamation,

community impact assistance, and public facilities projects under

sections 411 (b), (e), and (f), of SMCRA.

State law and regulations that apply to the proposed Greybull

funding request include Wyoming Statute 35-11-1202 and Wyoming

Abandoned Mine Land Regulations, Chapter VII, of the Wyoming Abandoned

Mine Program.

III. Wyoming's Request To Fund Part of the Cost of the Greybull

Sewer Replacement Project

The Wyoming Department of Environmental Quality submitted to us a

grant application dated December 21, 1998. In that application, Wyoming

asked for $302,885 that it will use to pay for part of the cost of

building the Greybull Sewer in Big Horn County, Wyoming. This sewer

project is a public facility in a community impacted by coal mining

activities. The requested funding is 84.6 percent of the project's

total cost. Money for the balance of the project cost will come from

the City of Greybull (15.4 percent).

The Governor of Wyoming certified the need and urgency to fund the

Greybull Sewer Replacement project prior to completing the State's

remaining inventory of non-coal reclamation work, as allowed by section

411(f) of SMCRA. The governor certifies that the project is in a

community impacted by coal mining activities. The present sewer system

is deteriorating rapidly and it is suspected that it is contaminating

groundwater and surface water.

The Governor's certification states that the threat to public

health and safety is greater at this site than on remaining non-coal

mine sites.

IV. How We Will Review Wyoming's Grant Application

We will review this grant application with respect to the

regulations at 30 CFR 875.15, specifically subsections 875.15(e)(1)

through (7). As stated in those regulations, the application must

include the following information: (1) The need or urgency for the

activity or the construction of the public facility; (2) the expected

impact the project will have on Wyoming's coal or minerals industry;

(3) the availability of funding from other sources and, if other

funding is provided, its percentage of the total costs involved; (4)

documentation from other local, State, and Federal agencies with

oversight for such utilities of facilities describing what funding they

have available and why their agency is not fully funding this specific

project; (5) the impact on the State, the public, and the minerals

industry if the facility if not funded; (6) the reason why this project

should be selected before a priority project relating to the protection

of the public health and safety or the environment from the damages

caused by past mining activities; and (7) an analysis and review of the

procedures Wyoming used to notify and involve the public in this

funding request, and a copy of all comments received and their

resolution by the State. Wyoming's application for the Greybull Sewer

project contains the information described in these seven subsections.

Section 875.15(f) requires us to evaluate all comments we received

and determine whether the funding meets the requirements of

Sec. Sec. 875.15(e)(1) through (7) described below. It also requires us

to determine if the request is in the best interests of the State's AML

program. We will approve Wyoming's request to fund this project if we

conclude that it meets all the requirements of 30 CFR 875.15.

V. What To Do if You Want To Comment on the Proposed Project

We are asking for public comments on Wyoming's request for funds to

pay for part of the cost of the Greybull sewer system. You are welcome

to comment on the project. If you do, please send us written comments.

Make sure your comments are specific and pertain to Wyoming's funding

request in the context of the regulations at 30 CFR 875.15 and the

provisions of section 411 of SMCRA. You should explain any

recommendations you make. If we receive your comments after the time

shown under DATES or at locations other than the Casper Field Office,

we will not necessarily consider them in our final decision or include

them in the administrative record.

Dated: June 11, 1999.

Guy Padgett,

Director, Casper Field Office.

[FR Doc 99-15935 Filed 6-22-99; 8:45 am]

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