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 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 to Utah's proposed rules

pertain to the definitions of ``eligible lands and water'' and ``left

or abandoned in either an unreclaimed or inadequately reclaimed

condition,'' and to general reclamation requirements for coal lands and

waters. 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., January

29, 1998.

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 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.

lton 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 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 3320, 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 944.25.

II. Proposed Amendment

By letter dated August 5, 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

r

(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, -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, -141 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 or 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

dmin. R. 643-870-500, definitions

of ``eligible lands and water'' and ``left or 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 proposed 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, general reclamation

requirements.

OSM announced receipt of the proposed revisions and additional

explanatory information in the April 7, 1997, Federal Register (62 FR

16507), and invited public comment on the substantive adequacy of the

proposed changes (administrative record No. UT-1071-11). The public

comment period ended on April 22, 1997.

During its review of the revisions and additional explanatory

information submitted by Utah, OSM identified concerns relating to the

provisions of Utah Admin. R. 643-870-500, definitions of ``eligible

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

inadequately reclaimed condition.'' OSM notified Utah of the concerns

by telephone conversation record dated September 8, 1997

(administrative record No. UT-1071-14). Utah responded in a letter

dated December 30, 1997, by submitting a revised amendment

(administrative record No. UT-1071-15).

Utah proposes revisions to Utah Admin. R

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

inadequately reclaimed condition.'' OSM notified Utah of the concerns

by telephone conversation record dated September 8, 1997

(administrative record No. UT-1071-14). Utah responded in a letter

dated December 30, 1997, by submitting a revised amendment

(administrative record No. UT-1071-15).

Utah proposes revisions to 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.

643-874-125, general reclamation requirements.

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 land and water eligible for

reclamation or drainage abatement expenditures which were mined for

coal or which were affected by such mining, wastebanks, coal

processing, or other coal mining processes and left or abandoned in

either an unreclaimed or inadequately reclaimed condition prior to

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

responsibility. 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 and R643-874-125.

For additional eligibility requirements for water projects, see

R643-874-140. For additional eligibility requirements for lands

affected by remaining operations see R643-874-128. For eligibility

requirements for lands affected by mining for minerals other than

coal, see R643-875-140.

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:

e findings required in

paragraph 124 of this section and the Reclamation Program determines

that the reclamation priority of the site is the same or more urgent

than the reclamation priority for lands and water eligible pursuant

to paragraphs 120, 121, 122, or 123 of this section that qualify as

a priority 1 or 2 site under [UCA] Section 40-10-25(2) of the Act.

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

utive 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 Tribe or State AMLR plans and

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

specific Tribe or State, not by OSM. Decisions on proposed Tribe or

State AMLR plans and revisions thereof submitted by a Tribe or 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 Tribe or 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

ically 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 Tribe or 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 Tribe or 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: January 7, 1998.

Linda M. Wagner,

Acting Regional Director, Western Regional Coordinating Center.

[FR Doc. 98-859 Filed 1-13-98; 8:45 am]

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