[Federal Register Volume 73, Number 193 (Friday, October 3, 2008)]
[Rules and Regulations]
[Pages 57538-57541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23368]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 950
[SATS No. WY-036-FOR; Docket ID OSM-2008-0008]
Wyoming 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 Wyoming abandoned mine
land reclamation (AMLR) plan (hereinafter referred to as the ``Wyoming
plan'') under the Surface Mining Control and Reclamation Act of 1977
(SMCRA or the Act). Wyoming intended to revise its plan by submitting a
revision to W.S. 35-11-1210 to correct an inadvertent error in the
statute that was enacted during the 2007 Legislative Session.
Specifically, the amendment clarifies that W.S. Sec. 35-11-1210 only
applies to SMCRA section 411(h)(1) funds.
DATES: Effective Date: October 3, 2008.
FOR FURTHER INFORMATION CONTACT: Jeffrey Fleischman, Casper Field
Office Director. Telephone: (307) 261-6550. Internet address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Wyoming Plan
II. Submission of the Proposed Amendment
III. Office of Surface Mining Reclamation and Enforcement's (OSM's)
Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. Procedural Determinations
I. Background on the Wyoming Plan
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.
On February 14, 1983, the Secretary of the Interior approved
Wyoming's AMLR Plan. You can find general background information on the
Wyoming Plan, including the Secretary's findings and the disposition of
comments, in the February 14, 1983, Federal Register (48 FR 6536). OSM
announced in the May 25, 1984, Federal Register (49 FR 22139), the
Director's decision accepting certification by Wyoming that it had
addressed all known coal-related impacts in the State that were
eligible for funding under the Wyoming Plan. Wyoming could then proceed
in reclaiming low priority non-coal projects. The Director accepted
Wyoming's proposal that it would seek immediate funding for reclamation
of any additional coal-related problems that occur during the life of
the Wyoming Plan. You can find later actions concerning Wyoming's Plan
and plan amendments at 30 CFR 950.35.
II. Submission of the Proposed Amendment
By letter dated March 21, 2008, Wyoming submitted a proposed
[[Page 57539]]
amendment to the Wyoming Reclamation Plan (Administrative Record
Document ID OSM-2008-0008-0005). Wyoming submitted the amendment in
response to a letter sent to the State dated January 18, 2008, from the
Regional Director, Western Region of OSM (Administrative Record
Document ID OSM-2008-0008-0007). Pursuant to 30 CFR 884.15(d), OSM
directed Wyoming to resolve a statutory conflict regarding two accounts
established to receive funds from the Federal government under the
SMCRA program.
Specifically, OSM stated it appears that Wyoming's new statute at
W.S. Sec. 35-11-1210 conflicts with existing statute W.S. Sec. 35-11-
1203, which was established to receive funds to carry out the
Reclamation Plan including coal reclamation. W.S. Sec. 35-11-1210 was
passed in 2007 and established an account to receive funding under new
Section 411(h) of SMCRA. These funds are not required to be spent on
reclamation projects.
Wyoming's proposed amendment clarifies that the account established
by W.S. Sec. 35-11-1210 is solely for the purpose of receiving funds
from the Federal government pursuant to SMCRA Section 411(h)(1) and
that these funds are separate and in addition to funds distributed to
the account established by W.S. Sec. 35-11-1203.
We announced receipt of the proposed amendment in the June 2, 2008,
Federal Register (73 FR 31392). 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 Document
ID No. OSM-2008-0008-0001). We did not hold a public hearing or meeting
because no one requested one. The public comment period ended on July
2, 2008. We received comments from two Federal agencies and one State
entity.
III. OSM's Findings
Following are the findings we made concerning the amendment under
SMCRA and the Federal regulations at 30 CFR 884.14 and 884.15. We are
approving the amendment.
A. Minor Revisions to Wyoming's Statutes and Plan Provisions
In response to a letter dated January 18, 2008, from the Regional
Director, Western Region of OSM and pursuant to 30 CFR 884.15(d),
Wyoming proposes a minor editorial change to subparagraph (b) of newly-
created W.S. Sec. 35-11-1210 and its Reclamation Plan that is intended
to provide clarification and correct an inadvertent error in the
statutory amendment that was enacted during the 2007 Wyoming
Legislative Session. Specifically, new statute W.S. Sec. 35-11-1210
was passed in 2007 and established the Abandoned Mine Land Funds
Reserve Account pursuant to Section 411(h) of the SMCRA Amendments of
2006 that is not required to be spent on reclamation projects.
Conversely, existing statute W.S. Sec. 35-11-1203 established an
account to receive funds to carry out the State Reclamation Plan,
including coal reclamation. OSM's concern, as stated in the January 18,
2008 letter, was that establishment of these two funds creates a
statutory conflict wherein funding of Wyoming's Reclamation Plan is not
assured. Accordingly, OSM is seeking assurance that Wyoming will
reclaim its remaining coal abandoned mine land problems.
Wyoming's proposed amendment to subparagraph (b) clarifies that the
account established by W.S. Sec. 35-11-1210 is established solely to
receive funds from the Federal government pursuant to SMCRA amendments
of 2006 to Section 411(h)(1) and that these funds are separate and in
addition to funds distributed to the account established by W.S. Sec.
35-11-1203, which remains in place to receive funds to carry out the
State Reclamation Plan including coal reclamation. Wyoming had
previously committed to spend a minimum of $30 million dollars per year
on coal reclamation work until coal work is completed as a condition of
OSM's payment to the State under SMCRA Section 411(h) in a letter dated
February 4, 2007 (Administrative Record Document ID OSM-2008-0008-
0006).
Wyoming's clarification and assurance that funds received through
establishment of the Abandoned Mine Land Funds Reserve Account will not
be commingled with monies received to carry out coal reclamation under
the State Reclamation Plan is in accordance with section 405(h) of
SMCRA, and addresses the programmatic concerns raised by OSM under 30
CFR 884.15(d). For these reasons, we are approving Wyoming's proposed
statutory amendment.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment (Administrative
Record Document ID No. OSM-2008-0008-0008) and one comment was
received.
Specifically, the University of Wyoming submitted a comment in
support of the amendment by stating that it is in agreement with the
proposed change to Wyoming Statute W.S. 35-11-1210 (Administrative
Record Document ID No. OSM-2008-0008-0004).
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 State plan (Administrative Record Document ID No. OSM-
2008-0008-0008). We received comments from two Federal Agencies.
The Bureau of Reclamation (BOR) commented in an April 17, 2008
letter (Administrative Record Document ID No. OSM-2008-0008-0003), and
the Bureau of Land Management (BLM) commented in a May 2, 2008 letter
(Administrative Record Document ID No. OSM-2008-0008-0002).
The BOR indicated that it did not have comments on the proposed
amendment.
The BLM commented that although it recognizes that OSM's priority
under the 2006 Amendments [to SMCRA] is to fund reclamation of coal
mines, it also wants to ensure that enough money is available to fund
reclamation of non-coal abandoned mines on BLM lands. The BLM goes on
to explain that work on many of these projects may be mothballed due to
the requirements to finish the coal sites first, and notes that it is
unclear whether these non-coal sites will be able to obtain SMCRA
funding in the future. Lastly, the BLM states its wish to ensure that
the State Legislature and OSM consider its needs when fund requests for
grants to use monies in the Abandoned Mine Reclamation Fund are
submitted.
In response, OSM agrees that there are hard rock abandoned mine
land problems in Wyoming and we acknowledge that they present both
health and safety concerns. Unfortunately, OSM can't provide assurance
to the BLM that the Wyoming AML Program will continue to reclaim
abandoned hard rock mine problems with funds the State receives under
the 2006 Amendments to SMCRA. Specifically, it is solely up to the
Wyoming Legislature to determine if it wants to fund reclamation of
abandoned hard rock mine problems as part of giving priority to
addressing impacts of mineral development with funds the State receives
under Section 411(h)(1) of SMCRA.
V. OSM's Decision
Based on the above finding, we approve Wyoming's proposed amendment
submitted on March 21, 2008.
[[Page 57540]]
To implement this decision, we are amending the Federal regulations
at 30 CFR Part 950, which codify decisions concerning the State 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 Wyoming 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 (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 Wyoming's 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 because
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 13.5(B)(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 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 950
Abandoned mine reclamation programs, Intergovernmental relations,
Surface mining, Underground mining.
Dated: September 11, 2008.
Allen D. Klein,
Director, Western Region.
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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 950--STATE ABANDONED MINE LAND RECLAMATION PROGRAMS
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1. The authority citation for part 950 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
[[Page 57541]]
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2. Section 950.35 is amended in the table by adding a new entry in
chronological order by ``Date of Final Publication'' to read as
follows:
Sec. 950.35 Approval of Wyoming abandoned mine land reclamation plan
amendments.
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Original amendment submission date Date of final publication Citation/description
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March 21, 2008........................ October 3, 2008............... Wyoming Statute (W.S.) Sec. 35-11-
1210(b)
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[FR Doc. E8-23368 Filed 10-2-08; 8:45 am]
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