[Federal Register Volume 71, Number 180 (Monday, September 18, 2006)]
[Rules and Regulations]
[Pages 54583-54586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15442]
[[Page 54583]]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 906
[CO-031-FOR]
Colorado Abandoned Mine Land Reclamation Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: We are approving an amendment to the Colorado abandoned mine
land reclamation (AMLR) plan (hereinafter referred to as the ``Colorado
plan'') under the Surface Mining Control and Reclamation Act of 1977
(SMCRA or the Act).
DATES: Effective Date: September 18, 2006.
FOR FURTHER INFORMATION CONTACT: James F. Fulton, Telephone:
303.844.1400 x1424. E-mail address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Colorado Plan
II. Submission of the Proposed Amendment
III. Office of Surface Mining Reclamation and Enforcement's (OSM)
Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. Procedural Determinations
I. Background on the Colorado Plan
The Abandoned Mine Land Reclamation Program was established by
Title IV of the Act 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. On June 11, 1982, the Secretary of the
Interior approved the Colorado plan. You can find general background
information on the Colorado plan, including the Secretary's findings
and the disposition of comments, in the June 11, 1982, Federal Register
(47 FR 25332). You can also find later actions concerning Colorado's
plan and plan amendments at 30 CFR 906.20 and 906.25
II. Submission of the Proposed Amendment
By letter dated October 29, 1996, Colorado sent to us a proposed
amendment to its plan (administrative record number CO-AML-24) under
SMCRA. Colorado sent the amendment in response to a September 26, 1994,
letter (administrative record number CO-AML-19) that we sent to
Colorado in accordance with 30 CFR 884.15(b), and at its own
initiative.
We announced receipt of the proposed amendment in the November 19,
1996, Federal Register (61 FR 58800), provided an opportunity for a
public hearing or meeting on its substantive adequacy, and invited
public comment on its adequacy (administrative record number CO-AML-
26). Because no one requested a public hearing or meeting, none was
held. The public comment period ended on December 19, 1996. We received
comments from one industry group, four Federal agencies and two citizen
or academic groups.
During our review of the amendment, we identified a concern
relating to the provisions of Colorado's plan provisions at Section
V.B.2. concerning the determination of eligibility for proposed sites.
We notified Colorado of our concern by letter dated June 7, 1999
(administrative record number CO-AML-35). Colorado responded by a memo
dated June 15, 2005, by submitting a revised amendment (administrative
record number CO-AML-36). Colorado also took this opportunity to submit
additional revisions at its own initiative.
We announced receipt of the revised amendment in the September 13,
2005, Federal Register (70 FR 54490). In the same document, we opened
the public comment period and provided an opportunity for a public
hearing or meeting on the amendment's adequacy (Administrative Record
No. CO-AML-37). We did not hold a public hearing or meeting because no
one requested one. The public comment period ended on October 17, 2005.
We did not receive any comments.
III. Office of Surface Mining Reclamation and Enforcement's (OSM)
Findings
Following are the findings we made concerning the amendment. OSM's
standard for comparison of State AMLR amendments with SMCRA and the
Federal regulations is found in Directive STP-1, Appendix 11. This
policy provides that ``in accordance with 30 CFR 884.14(a), the
proposed plan must meet all applicable requirements of the Federal
statute and rules. That is, a State's statutes, rules, policy
statements, procedures, and similar materials must compare, all
together, with applicable requirements of the Federal statute and
rules, to ensure that the State's plan, as a whole, meets all Federal
requirements.'' We are approving the amendment.
A. Minor Revisions to Colorado's Plan Provisions
Colorado proposed numerous minor wording, editorial, punctuation,
grammatical, and recodification changes throughout its plan provisions.
Because the changes to these previously approved plan provisions are
minor, we find that they meet the requirements of the Federal
regulations and the Act.
B. Revisions to Colorado's Plan Provisions That Have the Same Meaning
as the Corresponding Provisions of the Federal Regulations and Statute
Colorado proposed revisions to the following plan provisions; the
revisions contain language that is the same as, or similar to, the
corresponding sections of the Federal regulations.
Section I intro; 30 CFR 884.13(c)(1); goals and objectives.
Section I B intro; 30 CFR 884.13; additional reclamation
activities.
Section I B 1; 30 CFR 884.13(e); inactive mine inventory.
Section I B 3; 30 CFR 884.13(f); fish & wildlife habitat.
Section I B 5; 30 CFR 884.13(c)(7); public involvement.
Section I B 6; SMCRA 407(e); reclamation on public lands.
Section I B 7; 30 CFR 873.12, 876.12; future reclamation set-aside.
Section I B 8; 30 CFR 874.12(d)(2); interim program mines and
insolvent sureties.
Section I B 9; 30 CFR 887.1; mine subsidence protection program.
Section II intro; 30 CFR 884.13(c)(2); ranking and selection of
projects.
Section II B & C; 30 CFR 874.13, 884.13(c)(2); project and design
selection criteria.
Section III A & B; 30 CFR 884.14(c)(3); coordination of reclamation
work.
Section III C, D, & E; SMCRA 414; coordination with local
governments.
Section IV; 30 CFR Part 879; acquisition, management, and
disposition of lands & waters.
Section V, intro; 30 CFR Part 882; reclamation on private land.
Section V A; 30 CFR 886.15; grant applications.
Section V B 1; 30 CFR 884.13(c)(5) & Part 882; project feasibility
studies.
Section V B 2; 30 CFR 874.12(c) & Chapter 4-01-30, Federal
Assistance
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Manual; determination of project eligibility.
Section V B 3; 30 CFR Part 887; consent for reclamation activities.
Section V B 6; 30 CFR 884.13(f); environmental assessments.
Section V C; 30 CFR 884.13(c)(5); project implementation.
Section V D; 30 CFR 886.23, 886.24; project evaluation.
Section VI intro; 30 CFR 884.13(c)(7); public participation.
Section VI A & B; 30 CFR 884.13(c)(7) & (d)(1); public
participation.
Section VI C deleted (A-95 process); 30 CFR 884.14(c)(3);
coordination of reclamation work.
Section VII B; 30 CFR 884.13(d)(2); personnel policies.
Section VII A; 30 CFR 886.22, 886.24; administrative procedures.
Section VII C, intro, 1, 2; 30 CFR 884.13(d)(3); procurement and
purchasing.
Section VII C 3; 30 CFR 874.16 & 875.20; contractors eligible for
permits.
Section VIII; 30 CFR 884.13(d); organization and management.
C. Revisions to Colorado's Plan Provisions That Are Not the Same as the
Corresponding Provisions of the Federal Regulations and Statute
C.1. Section 1 A 6; 30 CFR 875.12(e); Reclamation Priorities for Non-
coal Reclamation
Colorado proposed to add a new subsection, providing for
reclamation of resources affected by non-coal mining activities. The
subsection provides that ``the Division may carry out these objectives
only after all reclamation goals with respect to inactive [abandoned]
coal mined lands have been met, except for non-coal projects relating
to the protection of health and safety.'' We note that ``protection of
health and safety'' encompasses Priority 1 and Priority 2 sites.
The Federal requirement at 30 CFR 875.12(e) allows such non-coal
reclamation only if needed to protect against ``extreme danger'' of
adverse effects; that is, it is limited to Priority 1 sites.
Thus it initially appears that Colorado's proposal would allow non-
coal reclamation for Priority 2 sites, while the Federal program allows
it only for Priority 1 sites. However, we note that a different section
of Colorado's proposal, II B 1, specifies that ``non-coal hazards must
be in the `extreme hazard' (P1) category.'' Therefore we find that
Colorado's proposal compares with applicable requirements of the Act
and Federal rules as a whole, and meets all Federal requirements. We
are approving it.
C.2. Sections V B 4 and 5; 30 CFR 882.12 & 882.13; Appraisals and Liens
Colorado proposed at subsection 4 that ``a determination of fair
market value of the land as adversely affected by past mining will be
made before and following reclamation work. This finding will be based
on an appraisal or letter of opinion from the [program] realty
specialist.'' Further, Colorado proposed at subsection 5 that for each
reclamation project which may significantly increase the fair market
value, Colorado will make a written finding on how the proposed project
will specifically benefit public health, safety, or environmental
values of the greater community or area.
The Federal regulations at 30 CFR 882.12(a) require that appraisals
as described in subsection 4 be obtained from independent appraisers.
However, it is clear from 30 CFR 882.12 and 882.13 that such appraisals
are meant to serve as the basis for filing possible liens against the
reclaimed property if its value significantly increases. And, 30 CFR
882.13(a) states that the filing of liens is discretionary.
The Colorado plan as revised indicates only one use for such
appraisals, that proposed at subsection 5 (to document the benefits to
the greater community); as revised, the Colorado plan makes no
provision for the filing of liens. In other words, Colorado has revised
its plan so that no liens will be filed. As noted above, 30 CFR
882.13(a) provides that the filing of liens is discretionary. Since no
liens will be filed, the determination of property value need not be
obtained from an independent appraiser. For these reasons, we find that
Colorado's proposed revisions are in agreement with the applicable
requirements of the Federal statute and rules as a whole, and meet all
Federal requirements. We are approving them.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment and the revised
amendment. We received no comments on the revision, but did receive
comments on the initial amendment from one industry group and two
citizen or academic groups.
The Colorado School of Mines and the Citizens Coal Council
responded that they had no comments.
The Colorado Mining Association expressed concern that, because of
the large numbers of non-coal AML sites with water pollution problems,
much of the 10% set-aside funds might be drained by water treatment at
such sites.
As discussed above at Finding C.1., the proposed plan at subsection
I.A.6. would allow for reclamation of non-coal AML sites; but such work
is limited at subsection II.B.1. to extreme hazards to public health
and safety. Further, under II.C. 1 & 3, hazard abatement does not
include restoration of environmental hazards. We also note that under
the set-aside provision of I.B.7., funds set-aside for the acid mine
drainage fund will be used to treat only waters affected by coal
mining.
These subjects may need to be addressed again if Colorado should in
the future certify completion of all coal-mining-related AML problems.
For the current situation, we find that Colorado's revised plan
alleviates the concerns expressed.
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 Colorado plan.
We received replies but no comments from four Federal agencies. The
Mine Safety and Health Administration, the U.S. Forest Service, the
U.S. Environmental Protection Agency, and the Bureau of Land Management
replied that they had no comments.
OSM's Decision
Based on the above findings, we approve Colorado's October 29, 1996
amendment, as revised on June 15, 2005.
To implement this decision, we are amending the Federal regulations
at 30 CFR Part 906, which codify decisions concerning the Colorado
plan. We find that good cause exists under 5 U.S.C. 553(d)(3) to make
this final rule effective immediately. Section 405(d) of SMCRA requires
that the State have a program that is in compliance with the
procedures, guidelines, and requirements established under the Act.
Making this regulation effectively immediately will expedite that
process. SMCRA requires consistency of State and Federal standards.
VI. 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
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(OMB) under Executive Order 12866 (Regulatory Planning and Review).
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, to the
extent allowable 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 AMLR plans and revisions
thereof because each 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 Part 884.
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 surface coal mining and reclamation operations. 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 503(a)(1) of SMCRA requires that state
laws regulating surface coal mining and reclamation operations be ``in
accordance with'' the requirements of SMCRA, and section 503(a)(7)
requires that state programs contain rules and regulations ``consistent
with'' regulations issued by the Secretary pursuant to 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.
The rule does not involve or affect Indian Tribes in any way.
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
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. 4321 et seq.) 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.
3501 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), of 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.
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 any unfunded mandates 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 906
Abandoned mine reclamation programs, Intergovernmental relations,
Surface mining, Underground mining.
Dated: August 18, 2006.
Allen D. Klein,
Director, Western Region.
0
For the reasons set out in the preamble, Title 30, Chapter VII,
Subchapter T of the Code of Federal Regulations is amended as set forth
below:
PART 906--COLORADO ABANDONED MINE LAND RECLAMATION PROGRAMS
0
1. The authority citation for part 906 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
2. Section 906.25 is amended in the table by adding a new entry in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 906.25 Approval of Colorado abandoned mine land reclamation plan
amendments.
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Original amendment submission Date of final
date publication Citation/description
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* * * * * * *
October 29, 1996 and June 15, September 18, Colorado Inactive
2005. 2006. Mine Reclamation
Plan, Chapter VI.
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[FR Doc. E6-15442 Filed 9-15-06; 8:45 am]
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