[Federal Register Volume 71, Number 110 (Thursday, June 8, 2006)]
[Proposed Rules]
[Pages 33273-33277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8925]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 924
[Docket No. MS-016-FOR]
State Abandoned Mine Land Reclamation Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are announcing receipt of a partially proposed abandoned mine
land reclamation (AMLR) plan under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the Act). Mississippi proposes
revisions to and addition of statutes to the Mississippi Surface Coal
Mining and Reclamation Law in order to authorize and establish an AMLR
plan. If we approve Mississippi's proposed statutes, our approval will
not give Mississippi authority to receive and expend Federal AMLR grant
funds. Mississippi would need to submit to us additional information
required under 30 CFR 884.13 in order for us to make the findings
necessary for full approval of an AMLR plan. The State will be able to
receive and spend Federal funds only after we approve its complete
State AMLR plan.
This document gives the times and locations that the Mississippi
AMLR plan statutes are available for your inspection, the comment
period during which you may submit written comments, and the procedures
that will be followed for the public hearing, if one is requested.
DATES: We will accept written comments on the proposed State AMLR plan
statutes until 4 p.m., c.t., July 10, 2006. If requested, we will hold
a public hearing on the proposed State AMLR plan statutes July 3, 2006.
We will accept requests to speak at a hearing until 4 p.m., c.t. on
June 23, 2006.
ADDRESSES: You may submit comments, identified by Docket No. MS-016-
FOR, by any of the following methods:
E-mail: [email protected]. Include Docket No. MS-016-FOR in
the subject line of the message.
Mail/Hand Delivery: Arthur W. Abbs, Director, Birmingham
Field Office, Office of Surface Mining Reclamation and Enforcement, 135
Gemini Circle, Suite 215, Homewood, Alabama 35209.
Fax: (205) 290-7280.
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. For detailed instructions on
submitting comments and additional information on the rulemaking
process, see the ``Public Comment Procedures'' heading of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: For access to the docket to review copies of the proposed
Mississippi AMLR plan statutes, a listing of any scheduled public
hearings, and all written comments received in response to this
document, you must go to the address listed below during normal
business hours, Monday through Friday, excluding holidays. You may
receive one free copy of the Mississippi AMLR plan statues by
contacting OSM's Birmingham Field Office. Arthur W. Abbs, Director,
Birmingham Field Office, Office of Surface Mining Reclamation and
Enforcement, 135 Gemini Circle, Suite 215, Homewood, Alabama 35209.
Telephone: (205) 290-7282. E-mail: [email protected].
In addition, you may review a copy of the proposed AMLR plan
statutes during regular business hours at the following location:
Mississippi Department of Environmental Quality, Office of Geology,
2380 Highway 80
[[Page 33274]]
West, Jackson, Mississippi 39289-1307, Telephone: (601) 961-5500.
FOR FURTHER INFORMATION CONTACT: Arthur W. Abbs, Director, Birmingham
Field Office. Telephone: (205) 290-7282. E-mail: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Abandoned Mine Land Reclamation Program
II. Description of the Proposed AMLR Plan Statutes
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Abandoned Mine Land Reclamation Program
The Abandoned Mine Land Reclamation Program was established by
Title IV of the Act (30 U.S.C. 1201 et seq.) in response to concerns
over extensive environmental damage caused by past coal mining
activities. The program is funded by a reclamation fee collected on
each ton of coal that is produced. The money collected is used to
finance the reclamation of abandoned coal mines and for other
authorized activities. Section 405 of the Act allows States and Indian
Tribes to assume exclusive responsibility for reclamation activity
within the State or on Indian lands if they develop and submit to the
Secretary of the Interior for approval, a program (often referred to as
a plan) for the reclamation of abandoned coal mines.
Currently, Mississippi does not have a federally approved AMLR
plan.
II. Description of the Proposed AMLR Plan Statutes
By letter dated April 5, 2006 (Administrative Record No. MS-0402),
Mississippi sent us its AMLR plan statues under SMCRA (30 U.S.C. 1201
et seq.). The purpose of this submission is to demonstrate both the
intent and capability to assume responsibility for administering and
conducting the provisions of SMCRA and OSM's Abandoned Mine Land
Reclamation Program (30 CFR Chapter 7, Subchapter R).
This notice describes the nature of the proposed AMLR plan statutes
and includes information concerning public participation in the
Director's determination of whether or not the submitted AMLR plan
statutes may be approved. Mississippi's submission of its statutes is
the first step the State has taken in the process for establishing a
comprehensive program for the reclamation of abandoned mine lands in
Mississippi. By submitting its proposed AMLR plan statutes, Mississippi
has indicated its wish to be primarily responsible for this program.
Mississippi's AMLR plan statutes include:
A. Section 53-9-3 Legislative Findings and Declarations
Mississippi proposes revisions to Section 53-9-3 to read as
follows:
(k) The provisions of the 2001 amendments to this chapter are to
provide for and implement a state program for abandoned mine
reclamation which complies with the provisions of Subchapter IV of
the federal Surface Mining Control and Reclamation Act of 1977, 30
U.S.C. 1231 through 1243.
B. Section 53-9-7 Definitions
Mississippi proposes revisions to Section 53-9-7 by adding
definitions for ``Abandoned mine lands,'' ``Secretary,'' and ``State
reclamation program.''
C. Section 53-9-89 Surface Coal Mining and Reclamation Fund; Deposit of
Funds
1. Mississippi proposes to revise Section 53-9-89(1)(a) by adding
an account entitled ``Abandoned Mine Lands Reclamation Account.''
2. Mississippi proposes to add new Section 53-9-89(1)(c) to read as
follows:
(c) The Abandoned Mine Lands Reclamation Account shall receive
all state and federal appropriations, grants and donations for the
purposes of the reclamation of abandoned mine lands under this
chapter, and such funds shall be made available to the commission to
be used as provided in this section for the purposes of abandoned
mine reclamation under this chapter and the regulations of the
commission. Funds in the Abandoned Mine Land Account may be used for
the following purposes:
3. Mississippi also proposes to add specific purposes at Section
53-9-89(1)(c)(i) through (v) for using the funds in accordance with
section 401(c)(1), (c)(4), (c)(8), (c)(9), and (c)(13) of SMCRA.
D. Section 53-9-101 Priorities for Expenditure of Funds From Abandoned
Mine Lands Reclamation Account; Certain Sites and Areas Ineligible for
Expenditures; Projects Involving Protection, Repair, Replacement,
Construction, or Enhancements of Certain Utilities
1. At Section 53-9-101(1), Mississippi proposes to add priorities
for the expenditure of funds from the Abandoned Mine Lands Reclamation
Account on eligible lands and waters. These priorities include those of
section 403(a) of SMCRA.
2. At Section 53-9-101(2), Mississippi proposes to add, in
accordance with section 411(a), (b), and (c) of SMCRA, provisions for
certifying that all of the priorities stated in subsection (1) for
eligible lands and waters have been achieved. Mississippi also added
the priorities for expenditure of funds for land, water, and specific
facilities after the certification.
3. At Section 53-9-101(3), Mississippi proposes to add a provision
that provides that sites and areas designated for remedial action under
the Uranium Mill Tailings Radiation Control Act of 1978 or which have
been listed for remedial action under the Comprehensive Environmental
Response, Compensation, and Liability Act shall not be eligible for
expenditure from the Abandoned Mine Lands Reclamation Account.
4. At Section 53-9-101(4), Mississippi added the priorities for
noncoal minerals and reclamation projects involving utilities adversely
affected by coal or mineral mining.
E. Section 53-9-103 Only Abandoned Mine Lands Eligible for Program
Expenditures
Mississippi proposes to add the following provision at Section 53-
9-103:
Only abandoned mine lands are eligible for reclamation or
drainage abatement expenditures from the Abandoned Mine Lands
Reclamation Account.
F. Section 53-9-105 Program To Comply With Federal Law; Required
Filings; Public Hearing and Comment Period; Liability
1. At Section 53-9-105(1), Mississippi proposes the following new
provision:
The department, through the Office of Geology, shall establish
and maintain a state reclamation program for abandoned mines which
complies with Subchapter IV of the federal Surface Mining Control
and Reclamation Act of 1977, 30 U.S.C. 1231 through 1243.
2. At Section 53-9-105(2), Mississippi proposes to add, in
accordance with section 405(f) of SMCRA, provisions for submitting an
application to the Secretary of the Interior (Secretary) for the
support of the State program and implementation of specific reclamation
projects.
3. At Section 53-9-105(3), Mississippi proposes to add, in
accordance with section 405(g) of SMCRA, a provision regarding the
reporting of costs for each proposed project.
4. At Section 53-9-105(4), Mississippi proposes to add, in
accordance with section 405(j) of SMCRA, a provision that provides for
reports on operations of the reclamation program as required by the
Secretary.
[[Page 33275]]
5. At Section 53-9-105(5), Mississippi proposes to add a provision
allowing public participation in the annual grant application and the
eligibility, priority ranking, and selection of lands for reclamation.
6. At Section 53-9-105(6), Mississippi proposes to add, in
accordance with section 405(l) of SMCRA, a provision that normally
exempts the State from liability for any costs or damages as a result
of action taken or omitted in the course of carrying out the State
reclamation program except for gross negligence or intentional
misconduct.
G. Section 53-9-107 Right of Entry Upon Property Adversely Affected by
Past Coal Mining; Order and Required Findings; Right of Entry Upon
Property to Conduct Studies or Exploratory Work
At Section 53-9-107(1) and (2), Mississippi proposes to add, in
accordance with section 407(a) and (b) of SMCRA, provisions allowing
right of entry upon the property adversely affected by past coal mining
practices and any other property to have access to such property.
H. Section 53-9-109 Acquisition of Land Adversely Affected by Past Coal
Mining; Sale of Acquired Land; Administrative Responsibility for
Acquired Land; Grants
At Section 53-9-109, Mississippi proposes to add, in accordance
with section 407(c), (d), (e), (h), and (g) of SMCRA, provisions
allowing acquisition and disposition of lands if such land or interest
is adversely affected by past coal mining practices and upon a
determination that acquisition of such land is necessary for successful
reclamation.
I. Section 53-9-111 Review of Commission Action; Formal Hearing;
Landowner Rights and Remedies
At Section 53-9-111, Mississippi proposes to add, in accordance
with section 407(g) of SMCRA, provisions relating to landowner rights
in condemnation proceedings, including the right of a formal hearing.
J. Section 53-9-113 Itemization of Funds Expended; Filing of Statement
in County Land Records Detailing Increase in Land Value from
Expenditure of Fund; Statement to Constitute Lien Upon Land; Hearing
and Appeal
At Section 53-9-113, Mississippi proposes to add, in accordance
with section 408 of SMCRA, provisions allowing liens on completed
projects funded by the Abandoned Mine Lands Reclamation Account.
K. Section 53-9-115 Governor May Request Action Against Certain Hazards
Caused by Mining of Minerals Other Than Coal; Limitations on Funds
Available; Acquisition of Interest in Land
At Section 53-9-115, Mississippi proposes, in accordance with
section 409 of SMCRA, that the Governor may request the Secretary to
authorize the commission to fill voids; seal open or abandoned tunnels,
shafts, and entryways; and reclaim surface impacts of underground or
surface mining of minerals other than coal which could endanger life
and property, constitute a hazard to public health and safety, or
degrade the environment. The funds available must be limited to those
allocated to the State under section 402(g)(1) and (5) of SMCRA.
L. Section 53-9-117 Interdepartmental Cooperation; Provision of
Technical Expertise, Personnel, Equipment, Materials, and Supplies
At Section 53-9-117, Mississippi proposes, in accordance with
section 414 of SMCRA, the following provision:
All departments, boards, commissions and agencies of this state
shall cooperate with the commission by providing available technical
expertise, personnel, equipment, materials and supplies as may be
required to implement and administer the provisions of the state
abandoned mine lands reclamation program.
M. Section 53-9-119 Injunctions
At Section 53-9-119, Mississippi proposes, in accordance with
section 413(c) of SMCRA, the following provision:
The commission, in addition to any other remedies allowed by
law, may initiate in the name of the state, in any court of
competent jurisdiction, an action in equity for an injunction to
restrain any interference with the exercise of the right to enter or
to conduct any work provided in this chapter.
N. Section 53-9-121 Power and Authority to Implement Program;
Promulgation of Rules and Regulations; Cooperative Projects
At Section 53-9-121, Mississippi proposes, in accordance with
section 413(a) and (b) of SMCRA, the following provisions:
The commission shall have the power and authority to engage in
any work and to do all things necessary or expedient, including
promulgation of rules and regulations, to implement and administer
the abandoned mine lands reclamation program in Mississippi. The
commission also shall have the power and authority to engage in
cooperative projects with any other agency of the United States of
America or any state or federal agency to achieve the objectives of
the abandoned mine lands reclamation program in Mississippi.
O. Section 53-9-123 Authority With Regard to Land Affected by Noncoal
Mining Practices; Agreement of Landowner; Required Findings;
Limitations on Expenditure of Funds
At Section 53-9-123, Mississippi proposes the following provisions:
The commission shall have the authority granted in Sections 53-
9-107(1) and 53-9-109, as applied to land or water resources that
have been adversely affected by mining practices other than coal
mining practices, only upon the agreement of the current
landowner(s). The commission shall have this authority only after
making the findings required by Section 53-9-107(1)(a) and (b), as
modified to reflect that the effects were caused by noncoal mining
practices. Funds shall not be expended from the Abandoned Mine Lands
Reclamation Account on lands adversely affected by mining or
processing practices other than coal mining or processing practices
unless and until the landowner(s) agrees to abide with all
provisions of Section 53-9-113. This section does not limit the
authority of the commission to perform any act authorized by the
Mississippi Air and Water Pollution Control Law, Section 49-17-1 et
seq., the organic act of the commission, Section 49-2-1 et seq., or
the Mississippi Surface Mining and Reclamation Law, Section 53-7-1
et seq.
III. Public Comment Procedures
Under the provisions of 30 CFR 884.13(c)(7), we are requesting
comments on whether Mississippi's AMLR plan statutes satisfy the
applicable State reclamation plan approval criteria of 30 CFR 884.14.
The proposed Mississippi AMLR plan statutes for abandoned mine land
reclamation can be approved if:
1. The public has been given adequate notice and opportunity to
comment and the record does not reflect major unresolved controversies.
2. Views of other Federal agencies have been solicited and
considered.
3. The State has the legal authority, policies, and administrative
structure to carry out the State AMLR plan.
4. The State AMLR plan meets all requirements of the OSM AMLR
program provisions.
5. The State has an approved regulatory program.
6. The State AMLR plan is in compliance with all applicable State
and Federal laws and regulations.
If we approve the statutes, this does not authorize Mississippi to
receive or spend Federal AMLR grant funds. Mississippi would need to
submit to us additional information required under 30 CFR 884.13 in
order for us to make the findings necessary for full approval of an
AMLR plan. The State will be able
[[Page 33276]]
to receive and spend Federal funds only after we approve its complete
State AMLR plan.
Written Comments
Send your written or electronic comments to OSM at the address
given above. Your written comments should be specific, pertain only to
the issues proposed in this rulemaking, and include explanations in
support of your recommendations. We will not consider or respond to
your comments when developing the final rule if they are received after
the close of the comment period (see DATES). We will make every attempt
to log all comments into the administrative record, but comments
delivered to an address other than the Birmingham Field Office may not
be logged in.
Electronic Comments
Please submit Internet comments as an ASCII or Word file avoiding
the use of special characters and any form of encryption. Please also
include ``Attn: MS-016-FOR'' and your name and return address in your
Internet message. If you do not receive a confirmation that we have
received your Internet message, contact the Birmingham Field Office at
(205) 290-7282.
Availability of Comments
We will make comments, including names and addresses of
respondents, available for public review during normal business hours.
We will not consider anonymous comments. If individual respondents
request confidentiality, we will honor their request to the extent
allowable by law. Individual respondents who wish to withhold their
name or address from public review, except for the city or town, must
state this prominently at the beginning of their comments. We will make
all submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public review in their entirety.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., c.t. on June
23, 2006. If you are disabled and need special accommodations to attend
a public hearing, contact the person listed under FOR FURTHER
INFORMATION CONTACT. We will arrange the location and time of the
hearing with those persons requesting the hearing. If no one requests
an opportunity to speak, we will not hold a hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at the public hearing
provide us with a written copy of his or her comments. The public
hearing will continue on the specified date until everyone scheduled to
speak has been given an opportunity to be heard. If you are in the
audience and have not been scheduled to speak and wish to do so, you
will be allowed to speak after those who have been scheduled. We will
end the hearing after everyone scheduled to speak and others present in
the audience who wish to speak, have been heard.
Public Meeting
If only one person requests an opportunity to speak, we may hold a
public meeting rather than a public hearing. If you wish to meet with
us to discuss Mississippi's proposed AMLR plan, please request a
meeting by contacting the person listed under FOR FURTHER INFORMATION
CONTACT. All such meetings are open to the public and, if possible, we
will post notices of meetings at the locations listed under ADDRESSES.
We will make a written summary of each meeting a part of the
administrative record.
IV. Procedural Determinations
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart Federal regulation.
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 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 and Tribal abandoned mine land reclamation plans
because each program is drafted and promulgated by a specific State or
Tribe, not by OSM. Decisions on proposed abandoned mine land
reclamation plans submitted by a State or Tribe are based solely 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 of the Federal
regulations.
Executive Order 13132--Federalism
This rule does not have Federalism implications. SMCRA delineates
the roles of the Federal and State governments with regard to the
regulation of abandoned mine land reclamation programs. One of the
purposes of SMCRA is to ``establish a nationwide program to protect
society and the environment from the adverse effects of surface coal
mining operations.'' Section 405(d) of SMCRA requires State abandoned
mine land reclamation programs to be in compliance with the procedures,
guidelines, and requirements established under SMCRA.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on Federally-recognized Indian tribes
and have determined that the rule does not have substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
This determination is based on the fact that the Mississippi plan does
not provide for reclamation and restoration of land and water resources
adversely affected by past coal mining on Indian lands. Therefore, the
Mississippi plan has no effect on Federally-recognized Indian tribes.
Executive Order 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) considered significant under Executive Order 12866, and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Because this rule is exempt from review
under Executive Order 12866 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
National Environmental Policy Act
This rule does not require an environmental impact statement
because agency decisions on proposed State and Tribal abandoned mine
land reclamation plans are categorically excluded from compliance with
the National Environmental Policy Act (42 U.S.C. 4332) by the Manual of
the
[[Page 33277]]
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 certifies 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
counterpart 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. In making the determination as to whether this rule would
have a significant economic impact, the Department relied upon the data
and assumptions for the counterpart Federal regulations.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not
have an annual effect on the economy of $100 million; (b) Will not
cause a major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions; and (c) Does not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation was not considered a
major rule.
Unfunded Mandates
This rule will not impose an unfunded mandate on State, local, or
tribal governments or the private sector of $100 million or more in any
given year. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation did not impose an
unfunded mandate.
List of Subjects in 30 CFR Part 924
Intergovernmental relations, Surface mining, Underground mining.
Dated: May 30, 2006.
Brent Wahlquist,
Acting Director, Office of Surface Mining Reclamation and Enforcement.
[FR Doc. E6-8925 Filed 6-7-06; 8:45 am]
BILLING CODE 4310-05-P