[Federal Register Volume 71, Number 165 (Friday, August 25, 2006)]
[Rules and Regulations]
[Pages 50339-50341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14155]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 924
[MS-016-FOR]
State Abandoned Mine Land Reclamation Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are approving a partial abandoned mine land reclamation (AMLR)
plan under the Surface Mining Control and Reclamation Act of 1977
(SMCRA or the Act). Mississippi proposed revisions to and addition of
statutes to the Mississippi Surface Coal Mining and Reclamation Law in
order to authorize and establish an AMLR plan. The purpose of this
amendment is to demonstrate both the intent and capability to assume
responsibility for administering and conducting an AMLR plan.
DATES: Effective Date: August 25, 2006.
FOR FURTHER INFORMATION CONTACT: Arthur W. Abbs, Director, Birmingham
Field Office. Telephone: (205) 290-7282. E-mail address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Abandoned Mine Land Reclamation Program
II. Submission of the AMLR Plan Statutes
III. OSM's Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. Procedural Determinations
I. Background on the Abandoned Mine Land Reclamation Program
The AMLR 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.
II. Submission of the AMLR Plan Statutes
By letter dated April 5, 2006 (Administrative Record No. MS-0402),
Mississippi sent us its AMLR plan statutes under SMCRA (30 U.S.C. 1201
et seq.). The purpose of this submission was to demonstrate both the
intent and capability to assume responsibility for administering and
conducting the provisions of SMCRA and OSM's AMLR program (30 CFR
Chapter 7, Subchapter R). Mississippi revised and added statutes to the
Mississippi Surface Coal Mining and Reclamation Law at Sections 53-9-3,
53-9-7, 53-9-89, 53-9-89(1)(c), 53-9-89(1)(c)(i) through (v), 53-9-101,
53-9-103, 53-9-105, 53-9-107, 53-9-109, 53-9-111, 53-9-113, 53-9-115,
53-9-117, 53-9-119, 53-9-121, 53-9-123.
We announced receipt of the proposed plan statutes in the June 8,
2006, Federal Register (72 FR 33273). In the same document, we opened
the public comment period and provided an opportunity for a public
hearing or meeting on the adequacy of the statutes. We did not hold a
public hearing or meeting because no one requested one. The public
comment period ended on July 10, 2006. We received comments from three
Federal agencies.
III. OSM's Findings
Following are the findings we made concerning the AMLR plan
statutes under SMCRA and the Federal regulations at 30 CFR 884.14 and
884.15. We are approving the statutes as described below.
In accordance with section 405 of SMCRA, we find that Mississippi
has submitted AMLR plan statutes for the reclamation of abandoned mines
and has the authority to implement the provisions of Title IV of SMCRA.
1. The public has been given adequate notice and opportunity to
comment and the record does not reflect major unresolved controversies.
2. We have solicited and considered the views of the Federal
agencies having an interest in the Mississippi AMLR plan statutes.
Agencies that responded include: the U.S. Bureau of Land Management
(BLM), U.S. Natural Resources Conservation Service (NRCS), and the U.S.
Environmental Protection Agency (EPA).
3. The Mississippi Department of Environmental Quality, Office of
Geology, has the legal authority and administrative structure to carry
out the State AMLR plan statutes.
4. The Mississippi AMLR plan statutes meet all requirements of
OSM's Title IV program provisions.
5. We approved the Mississippi regulatory program effective
September 4, 1980.
6. The Mississippi AMLR plan statutes are in compliance with all
applicable State and Federal laws and regulations.
Therefore, we approve Mississippi's AMLR plan statutes. Although
the AMLR plan statutes conform to statutory requirements, Mississippi
must still submit the information required by 30 CFR 884.13(a) through
(f) before we can make the findings necessary for full approval of its
AMLR plan. The State will be able to receive and spend Federal AMLR
grant funds only after we approve its complete State AMLR plan.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment, but did not receive
any.
[[Page 50340]]
Federal Agency Comments
On May 1, 2006, 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 Mississippi AMLR plan
(Administrative Record No. MS-0403). We received comments from the BLM,
NRCS, and EPA. The BLM did not find any inconsistencies between the
proposed changes and Federal Laws that govern mining (Administrative
Record No. MS-0404). The NRCS stated that it and the Mississippi
Department of Environmental Quality share common interest in
stabilization and restoration following man's use of the land
(Administrative Record No. MS-0406). Both agencies agreed with the
proposed AMLR plan statutes. EPA responded on June 21, 2006, that it
had no comments (Administrative Record No. MS-0411).
V. OSM's Decision
Based on the above findings, we approve the Mississippi AMLR
statutes sent to us on April 5, 2006.
To implement this decision, we are amending the Federal regulations
at 30 CFR part 924, which codify decisions concerning the Mississippi
plan. We find that good cause exists under 5 U.S.C. 553(d)(3) to make
this final rule effective immediately. Section 405 of SMCRA requires
that the State's plan demonstrate that the State has the capability of
carrying out the provisions of the Act and meeting its purposes. Making
this rule effective 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 (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 AMLR plans because each program is drafted
and promulgated by a specific State or Tribe, not by OSM. Decisions on
proposed AMLR 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 AMLR 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 AMLR 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 AMLR plans 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)).
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
[[Page 50341]]
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: August 15, 2006.
Brent Wahlquist,
Acting Director, Office of Surface Mining Reclamation and Enforcement.
0
For the reasons set out in the preamble, 30 CFR part 924 is amended as
set forth below:
PART 924--MISSISSIPPI
0
1. The authority citation for part 924 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
2. Part 924 is amended by adding Sec. 924.20 to read as follows:
Sec. 924.20 Approval of Mississippi Abandoned Mine Land Reclamation
Plan.
The Mississippi AMLR plan statutes, as submitted on April 5, 2006,
are approved. Copies of the approved plan statutes are available at:
Office of Surface Mining Reclamation and Enforcement, Birmingham Field
Office, 135 Gemini Circle, Suite 215, Homewood, Alabama 35209.
Mississippi Department of Environmental Quality, Office of Geology,
2380 Highway 80 West, Jackson, Mississippi 39289-1307.
[FR Doc. E6-14155 Filed 8-24-06; 8:45 am]
BILLING CODE 4310-05-P