Wyoming Abandoned Mine Land Reclamation (AMLR) Plan

DEPARTMENT OF THE INTERIOR

30 CFR Part 950

Wyoming Abandoned Mine Land Reclamation (AMLR) Plan

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 pertaining to a previously proposed amendment to the

Wyoming AMLR plan (hereinafter, the ``Wyoming plan'') under the Surface

Mining Control and Reclamation Act of 1977 (SMCRA). The additional

explanatory information for Wyoming's proposed statute pertains to the

amount of a lien placed on private lands upon the completion of

reclamation operations. The amendment is intended to clarify

ambiguities and improve operational efficiency.

DATES: Written comments must be received by 4 p.m., m.d.t., October 5,

1995.

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

Padgett at the address listed below.

Copies of the Wyoming 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 normal business

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

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

Casper Field Office.

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

Reclamation and Enforcement, 100 East B Street, Room 2128, Casper,

Wyoming 82601-1918.

Stan Barnard, Acting AML Administrator, Department of Environmental

Quality, Abandoned Mine Land Division, Herschler Building, Third Floor

West, 122 West 25th Street, Cheyenne, Wyoming 82002.

Telephone: (307) 777-6145.

FOR FURTHER INFORMATION CONTACT:

Guy Padgett, Telephone: (307) 261-5776.

SUPPLEMENTARY INFORMATION:

I. Background on the Wyoming Plan

Room 2128, Casper,

Wyoming 82601-1918.

Stan Barnard, Acting AML Administrator, Department of Environmental

Quality, Abandoned Mine Land Division, Herschler Building, Third Floor

West, 122 West 25th Street, Cheyenne, Wyoming 82002.

Telephone: (307) 777-6145.

FOR FURTHER INFORMATION CONTACT:

Guy Padgett, Telephone: (307) 261-5776.

SUPPLEMENTARY INFORMATION:

I. Background on the Wyoming Plan

On February 14, 1983, the Secretary of the Interior approved the

Wyoming plan. Information pertaining to the general background,

revisions, and amendments to the initial plan submission, as well as

the Secretary's findings, the disposition of comments, and the approval

of the Wyoming plan can be found in the February 14, 1983, Federal

Register (48 FR 6536). Subsequent actions concerning Wyoming's plan and

plan amendments can be found at 30 CFR 950.30 and 950.35.

II. Proposed Amendment

By letter dated April 21, 1995, Wyoming submitted a proposed

amendment to its plan pursuant to SMCRA (administrative record No. WY-

AML-18-8). Wyoming submitted the proposed amendment at its own

initiative. The provisions of the Wyoming plan that the State proposed

to revise were:

Wyoming Statute (W.S.) 35-11-1206 (a) and (b), liens for

reclamation on private lands, and W.S.35-11-1209, contractor

eligibility.

OSM announced receipt of the proposed amendment in the May 18,

1995, Federal Register (60 FR 26704), provided an opportunity for a

public hearing or meeting on its substantive adequacy, and invited

public comment on its adequacy (administrative record No. WY-AML-18-9).

The public comment period ended on June 19, 1995

inclusion of the cost of reclamation in determining the

amount of the lien to be placed on reclaimed lands (administrative

record No. WY-AML-18-17). In its response, Wyoming stated that when

proposed W.S. 35-11-1206 was presented to the Wyoming legislature,

there was considerable debate on it with regard to a potential

governmental takings if the property owner had to pay a lien amount

that

was more than the cost to perform the reclamation work. Debate focused

on who would pay for costs associated with potential lawsuits should a

lien be placed for more than the reclamation cost, and whether the

reclamation would be authorized by a property owner if the lien for the

reclamation exceeded the actual cost of the reclamation. Wyoming

further stated that over 25,000 acres have been reclaimed since the

start of the Wyoming AMLR program and that there had never been an

instance where the cost of reclamation was less than the increase in

property value.

III. Public Comment Procedures

OSM is reopening the comment period on the proposed Wyoming 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 884.14 and

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 Wyoming

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 Casper Field Office will

not necessarily be considered in the final rulemaking or included in

the administrative record.

IV. Procedural Determinations

1. Executive Order 12866

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 Casper Field Office 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 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

cally 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)).

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.

List of Subjects in 30 CFR Part 950

Abandoned mine land reclamation program, Intergovernmental

relations, Surface mining, Underground mining.

Dated: September 7, 1995.

Richard J. Seibel,

Regional Director, Western Regional Coordinating Center.

[FR Doc. 95-23268 Filed 9-19-95; 8:45 am]

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