Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 12849 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Executive Order 13211 (Energy Effects) 

This final rule has been analyzed 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. The FHWA has 

determined that it is not a significant 

energy action under that order because 

it is not a significant regulatory action 

under Executive Order 12866 and this 

final rule is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. 

Regulation Identification Number 

A regulation identification number 

(RIN) is assigned to each regulatory 

action listed in the Unified Agenda of 

Federal Regulations. The Regulatory 

Information Service Center publishes 

the Unified Agenda in April and 

October of each year. The RINs 

contained in the heading of this 

document can be used to cross reference 

this action with the Unified Agenda. 

List of Subjects in 23 CFR Part 460 

Grant programs—transportation, 

Highway safety, Reporting and 

recordkeeping requirements. 

Issued on: February 18, 2011. 

Victor M. Mendez, 

Administrator. 

In consideration of the foregoing, 23 

CFR part 460 is amended as set forth 

below. 

PART 460—PUBLIC ROAD MILEAGE 

FOR APPORTIONMENT OF HIGHWAY 

SAFETY FUNDS 

■ 1. The authority citation for part 460 

continues to read as follows: 

Authority: 23 U.S.C. 315, 402(c); 49 CFR 

1.48. 

■ 2. Amend § 460.2 by revising 

paragraph (e) to read as follows: 

§ 460.2 Definitions. 

* * * * * 

(e) State means any one of the 50 

States, the District of Columbia, Puerto 

Rico, the Virgin Islands, Guam, 

American Samoa, and the 

Commonwealth of the Northern Mariana 

Islands. For the purpose of the 

application of 23 U.S.C. 402 on Indian 

reservations, State and Governor of a 

State include the Secretary of the 

Interior. 

[FR Doc. 2011–5410 Filed 3–8–11; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 917 

[KY–252–FOR; OSM–2009–0011] 

Kentucky Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement (OSM), 

Interior. 

ACTION: Final rule; approval of 

amendment. 

SUMMARY: We are approving an 

amendment to the Kentucky regulatory 

program (hereinafter, the ‘‘Kentucky 

program’’) under the Surface Mining 

Control and Reclamation Act of 1977 

(SMCRA or the Act). Kentucky 

submitted revisions to its administrative 

regulations pertaining to the disposal of 

coal mine waste. Kentucky revised its 

program to be consistent with the 

corresponding Federal regulations and 

SMCRA. We are also correcting a 

codification error which occurred in 

2002. 

DATES: Effective Date: March 9, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Joseph L. Blackburn, Telephone: (859) 

260–3900. E-mail: 

jblackburn@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Kentucky Program 

II. Description of the Amendment 

III. OSM’s Findings 

IV. Summary and Disposition of Comments 

V. OSM’s Decision 

VI. Procedural Determinations 

I. Background on the Kentucky 

Program 

Section 503(a) of the Act permits a 

State to assume primacy for the 

regulation of surface coal mining and 

reclamation operations on non-Federal 

and non-Indian lands within its borders 

by demonstrating that its program 

includes, among other things, ‘‘a State 

law which provides for the regulation of 

surface coal mining and reclamation 

operations in accordance with the 

requirements of this Act * * * and 

rules and regulations consistent with 

regulations issued by the Secretary 

pursuant to this Act.’’ See 30 U.S.C. 

1253(a)(1) and (7). On the basis of these 

criteria, the Secretary of the Interior 

conditionally approved the Kentucky 

program on May 18, 1982. You can find 

background information on the 

Kentucky program, including the 

Secretary’s findings, the disposition of 

comments, and conditions of approval 

of the Kentucky program in the May 18, 

1982, Federal Register (47 FR 21434). 

You can also find later actions 

concerning Kentucky’s program and 

program amendments at 30 CFR 917.11, 

917.12, 917.13, 917.15, 917.16, and 

917.17. 

II. Description of the Proposed 

Amendment 

By letter dated September 14, 2009, 

Kentucky submitted an amendment to 

its program (Administrative Record No. 

1659), under SMCRA (30 U.S.C. 1201 et 

seq.). Kentucky sent the amendment in 

response to a May 27, 1997, letter 

(Administrative Record No. KY–1400) 

that we sent in accordance with 30 CFR 

732.17(c) requesting that changes be 

made in order to be consistent with the 

Federal regulations. The provisions of 

Kentucky rules that Kentucky proposed 

to revise are: Kentucky Administrative 

Regulations (KAR) No. 405 KAR 16:140 

and 405 KAR 18:140 with respect to the 

disposal of coal mine waste. 

We announced receipt of the 

proposed amendment in the November 

27, 2009, Federal Register (74 FR 

62266). In the same document, we 

opened the public comment period and 

provided an opportunity for a public 

hearing or meeting (Administrative 

Record No. KY–1661). We did not hold 

a public hearing or meeting because no 

one requested one. The public comment 

period ended on December 14, 2009. We 

did not receive any comments. 

III. OSM’s Findings 

Kentucky sent the amendment in 

response to a May 27, 1997, letter that 

we sent in accordance with 30 CFR 

732.17(c) requesting that changes be 

made in order to be consistent with the 

Federal regulations. In that letter, OSM 

referred to its revised regulations at 30 

CFR 816.81 (Surface Mining—Coal mine 

waste: General Requirements) and 

817.81 (Underground Mining—Coal 

mine waste: General requirements) that 

required that coal mine waste be 

‘‘hauled or conveyed’’ instead of just 

requiring that it be ‘‘placed.’’ In addition, 

Kentucky also made changes at its own 

initiative. 

Kentucky proposed to make 

substantially identical changes to 

administrative regulations pertaining to 

surface and underground mining: 405 

KAR 16:140 Disposal of Coal Mine 

Waste (surface mining) and 405 KAR 

18:140 Disposal of Coal Mine Waste 

(underground mining). The text of the 

Kentucky regulations can be found in 

the administrative record and online at 

Regulations.gov 

Following are the findings we made 

concerning the amendment under 

SMCRA and the Federal regulations at 

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12850 Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 

30 CFR 732.15 and 732.17. We are 

approving the amendment. Any 

revisions that we do not specifically 

discuss below concern nonsubstantive 

wording or editorial changes. 

The Federal regulations at 30 CFR 

816.81(a) and 817.81(a) state in part that 

‘‘coal mine waste shall be hauled or 

conveyed and placed for final 

placement in a controlled manner.’’ In 

405 KAR 16:140 Section 1 (1) and 

18:140 Section 1(1), the phrase 

‘‘transported and placed,’’ as it refers to 

coal mine waste, is replaced by ‘‘hauled 

and conveyed in a controlled (manner)’’ 

so that the first sentence of Section 1 of 

these Kentucky regulations now reads 

that ‘‘All coal mine waste shall be 

hauled and conveyed in a controlled 

manner approved by the cabinet in 

disposal areas approved by the cabinet 

for this purpose.’’ 

Kentucky’s existing regulations at 405 

KAR 16:140 Section 1 (1)(a) and 18:140 

Section 1 (1)(a) also require that the coal 

waste disposal area shall be designed, 

constructed, and maintained in 

accordance with 405 KAR 16:130 

Sections 1 and 2 and 18:130 Sections 1 

and 2, respectively. Section 1 of both 

405 KAR 16:130 and 18:130 requires 

among other things that excess spoil, 

which by definition includes coal mine 

waste, ‘‘shall be placed in designated 

disposal areas within a permit area, in 

a controlled manner.’’ We find that the 

amended language at 405 KAR 16:140 

Section 1 (1) and 18:140 Section 1 (1) 

read in conjunction with existing 

language 405 KAR 16:140 Section 1 

(1)(a) and 18:140 Section 1 (1)(a) and 

405 KAR 16:130 Section 1 (1) and 

18:130 Section 1 (1) is no less effective 

than the counterpart Federal regulations 

at 30 CFR 816.81(a) and 817.81(a) 

pertaining to coal mine waste disposal. 

This constitutes satisfaction of the last 

coal mine waste issue found in the May 

27, 1997, 732 letter. 

In Section 2 of 405 KAR 16:140 and 

18:140 the Kentucky rules require that 

either a qualified professional engineer 

or other qualified person under the 

direct supervision of the responsible 

professional engineer must inspect all 

coal mine waste banks. Kentucky 

replaced the term ‘‘registered 

professional engineer’’ with 

‘‘professional engineer.’’ Kentucky 

Revised Statute (KRS) section 322.010 

defines ‘‘professional engineer’’ to mean 

‘‘a person who is a licensed professional 

engineer by the board.’’ The board is the 

State Board of Licensure for Professional 

Engineers and Land Surveyors. In 1999, 

Kentucky changed its registration 

procedures to licensing procedures. See, 

KRS section 322.015. Kentucky 

prohibits the practice of engineering or 

land surveying without a license. KRS 

322.020. The Federal regulations at 30 

CFR 816.83(d) (Surface Mining—Coal 

mine waste: Refuse Piles) and 817.83(d) 

(Underground Mining—Coal mine 

waste: Refuse Piles) require that a 

qualified registered professional 

engineer or other qualified professional 

specialist under the direction of the 

professional engineer shall inspect the 

refuse pile during construction. Both the 

Federal and Kentucky rules require 

inspection by an engineer that is 

approved by an appropriate regulatory 

body as qualified to be an engineer. 

Accordingly, we find that the proposed 

changes to Kentucky regulations are no 

less effective than the Federal 

regulations at 30 CFR 816.83(d) and 

817.83(d). 

Section 6 of 405 KAR 16:140 and 

18:140 requires that a qualified 

professional engineer must prepare a 

plan for the removal of any burned coal 

mine waste or other material from the 

permitted disposal area. Kentucky 

replaced the term ‘‘registered 

professional engineer’’ with 

‘‘professional engineer.’’ As cited above, 

KRS section 322.010 defines 

‘‘professional engineer’’ to mean ‘‘a 

person who is a licensed professional 

engineer by the board.’’ The Federal 

regulations at 30 CFR 780.14(c) (Surface 

Mining—Operation plan: Maps and 

plans) and 784.23(c) (Underground 

Mining—Operation plan: Maps and 

plans) require that cross sections, maps, 

and plans shall be prepared, by or under 

the direction of, and certified by a 

qualified registered professional 

engineer, a professional geologist, etc. 

Both the Federal and Kentucky rules 

require plan preparation by an engineer 

that is approved by an appropriate 

regulatory body as qualified to be an 

engineer. Accordingly, we find that the 

proposed changes to Kentucky 

regulations are consistent with the 

Federal regulations at 30 CFR 780.14(c) 

and 784.23(c). 

Throughout the Kentucky regulations, 

the term ‘‘coal processing waste’’ is 

replaced by ‘‘coal mine waste.’’ The 

Federal definition of ‘‘coal mine waste’’ 

at 30 CFR 701.5 (Definitions) means 

‘‘coal processing waste and underground 

development waste.’’ The Kentucky 

definitions of coal mine waste at 405 

KAR 16:001 (18) and 18:001 (19) define 

‘‘coal mine waste’’ as ‘‘coal processing 

waste and underground development 

waste.’’ The Federal regulations at 30 

CFR 816.81, 817.81, 816.83, and 817.83 

use the term ‘‘coal mine waste.’’ 

Kentucky’s regulations at 405 KAR 

16:140 and 18:140 also use this term. 

Since Kentucky defines the term the 

same as the Federal regulations and 

appropriately uses the term ‘‘coal mine 

waste’’ at 405 KAR 16:140 and 18:140, 

we find the Kentucky proposed 

language is no less effective than the 

Federal regulations at 30 CFR 816.81 

and 817.81 and 816.83 and 817.83. 

We are also revising section 917.16 

(Kentucky—Required regulatory 

program amendments) to correct a 

codification error which occurred in 

2002. The required amendment at 405 

KAR 20.060 section 3 (3)(b) was 

submitted by the State and the OSM 

approval was published on June 19, 

2002, at 67 FR 41622, 41625, but the 

requirement was not removed from 30 

CFR 917.16(d)(5) as it should have been. 

We are now removing 30 CFR 

917.16(d)(5). 

IV. Summary and Disposition of 

Comments 

Public Comments 

We asked for public comments on the 

amendment (Administrative Record No. 

1661), but did not receive any. 

Federal Agency Comments 

Under 30 CFR 732.17(h)(11)(i) and 

section 503(b) of SMCRA, we requested 

comments on the amendment from 

various Federal agencies with an actual 

or potential interest in the Kentucky 

program (KY–1662). No comments were 

received. 

Environmental Protection Agency (EPA) 

Concurrence and Comments 

Under 30 CFR 732.17(h)(11)(i) and 

(ii), we are required to get a written 

concurrence from EPA for those 

provisions of the program amendment 

that relate to air or water quality 

standards issued under the authority of 

the Clean Water Act (33 U.S.C. 1251 et 

seq.) or the Clean Air Act (42 U.S.C. 

7401 et seq.). 

None of the provisions that Kentucky 

proposed to make in this amendment 

pertain to air or water quality standards. 

Therefore, we did not ask EPA to concur 

on the amendment. 

V. OSM’s Decision 

Based on the above findings, we 

approve the amendment Kentucky sent 

to us on September 14, 2009. To 

implement this decision, we are 

amending the Federal regulations at 30 

CFR part 917 which codify decisions 

concerning the Kentucky program. 

Pursuant to 5 U.S.C. 553(d)(3), an 

agency may, upon a showing of good 

cause, waive the 30 day delay of the 

effective date of a substantive rule 

following publication in the Federal 

Register, thereby making the final rule 

effective immediately. 

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Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 12851 

We find that good cause exists under 

5 U.S.C. 553(d)(3) to make this final rule 

effective immediately. Because Section 

503(a) of SMCRA requires that the 

State’s program demonstrate that the 

State has the capability of carrying out 

the provisions of the Act and meeting its 

purposes, making this regulation 

effective immediately will expedite that 

process. 

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 

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 regulatory 

programs and program amendments 

because each program is drafted and 

promulgated by a specific State, not by 

OSM. Under Sections 503 and 505 of 

SMCRA (30 U.S.C. 1253 and 1255) and 

the Federal regulations at 30 CFR 

730.11, 732.15, and 732.17(h)(10), 

decisions on proposed State regulatory 

programs and program amendments 

submitted by the States must be based 

solely on a determination of whether the 

submittal is consistent with SMCRA and 

its implementing Federal regulations 

and whether the other requirements of 

30 CFR parts 730, 731, and 732 have 

been met. 

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 

Government 

In accordance with Executive Order 

13175, we have evaluated the potential 

effects of this rule on Federallyrecognized 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 basis for this determination is that 

our decision is on a State Regulatory 

program and does not involve a Federal 

Regulation involving Indian Lands. 

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 Section 702(d) of SMCRA (30 

U.S.C. 1292(d)) provides that agency 

decisions on proposed State regulatory 

program provisions do not constitute 

major Federal actions within the 

meaning of Section 102(2)(C) of the 

National Environmental Policy Act (42 

U.S.C. 4332(2)(C)). 

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 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 Kentucky 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 Kentucky 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 917 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: November 22, 2010. 

Thomas D. Shope, 

Regional Director, Appalachian Region. 

For the reasons set out in the 

preamble, 30 CFR part 917 is amended 

as set forth below: 

PART 917—KENTUCKY 

■ 1. The authority citation for part 917 

continues to read as follows: 

Authority: 30 U.S.C. 1201 et seq. 

■ 2. Section 917.15 is amended by 

adding a new entry to the table in 

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12852 Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 

chronological order by ‘‘Date of final 

publication’’ to read as follows: 

§ 917.15 Approval of Kentucky regulatory 

program amendments. 

* * * * * 

Original amendment submission 

date 

Date of final 

publication Citation/description 

*******

September 14, 2009 ...................... March 9, 2011 ................................ 405 KAR 16:140, Disposal of coal mine waste. 

405 KAR 18:140, Disposal of coal mine waste. 

§ 917.16 [Amended] 

■ 3. Section 917.16 is amended by 

removing and reserving paragraph 

(d)(5). 

[FR Doc. 2011–5386 Filed 3–8–11; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 918 

[SATS No. LA–023–FOR; Docket No. OSM– 

2010–0005] 

Louisiana Regulatory Program/ 

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 an amendment to 

the Louisiana regulatory program and 

abandoned mine land reclamation plan 

under the Surface Mining Control and 

Reclamation Act of 1977. Louisiana 

proposed revisions to its regulations 

regarding: Definitions; lands eligible for 

remining; general provisions for review 

of permit application information and 

entry of information into Applicant 

Violator System (AVS); review of 

applicant, operator, and ownership and 

control information; review of permit 

history; review of compliance history; 

permit eligibility determination; 

unanticipated events or conditions at 

remining sites; eligibility for 

provisionally issued permits; written 

findings for permit application 

approval; initial review and finding 

requirements for improvidently issued 

permits; suspension or rescission 

requirements for improvidently issued 

permits; who may challenge ownership 

or control listings and findings; how to 

challenge an ownership or control 

listing or finding; burden of proof for 

ownership or control challenges; written 

agency decision on challenges to 

ownership or control listings or 

findings; post-permit issuance 

requirements for regulatory authorities 

and other actions based on ownership, 

control, and violation information; postpermit issuance information 

requirements for permittees; transfer, 

assignment, or sale of permit rights; 

certifying and updating existing permit 

application information; providing 

applicant and operator information; 

providing permit history information; 

providing violation information; 

backfilling and grading: previously 

mined areas; cessation orders; and 

contractor eligibility. Louisiana revised 

its regulatory program to be no less 

effective than the corresponding Federal 

regulations, and its abandoned mine 

land reclamation plan to be consistent 

with the Federal regulations. 

DATES: Effective Date: March 9, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Sherry Wilson, Director, Birmingham 

Field Office. Telephone: (205) 290– 

7282. E-mail: swilson@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Louisiana Program 

II. Submission of the Amendment 

III. OSM’s Findings 

IV. Summary and Disposition of Comments 

V. OSM’s Decision 

VI. Procedural Determinations 

I. Background on the Louisiana 

Program 

Section 503(a) of the Act permits a 

State to assume primacy for the 

regulation of surface coal mining and 

reclamation operations on non-Federal 

and non-Indian lands within its borders 

by demonstrating that its program 

includes, among other things, ‘‘a State 

law which provides for the regulation of 

surface coal mining and reclamation 

operations in accordance with the 

requirements of this Act * * *; and 

rules and regulations consistent with 

regulations issued by the Secretary 

pursuant to this Act.’’ See 30 U.S.C. 

1253(a)(1) and (7). On the basis of these 

criteria, the Secretary of the Interior 

conditionally approved the Louisiana 

program effective October 10, 1980. You 

can find background information on the 

Louisiana program, including the 

Secretary’s findings, the disposition of 

comments, and the conditions of 

approval of the Louisiana program in 

the October 10, 1980, Federal Register 

(45 FR 67340). You can also find later 

actions concerning the Louisiana 

program and program amendments at 30 

CFR 918.10, 918.15 and 918.16. 

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 the basis of these criteria, the 

Secretary of the Interior approved the 

Louisiana plan on November 10, 1986. 

You can find background information 

on the Louisiana plan, including the 

Secretary’s findings, the disposition of 

comments, and the approval of the plan 

in the November 10, 1986, Federal 

Register (51 FR 40795). You can find 

later actions concerning the Louisiana 

plan and amendments to the plan at 30 

CFR 918.25. 

II. Submission of the Amendment 

By letter dated March 4, 2010 

(Administrative Record No. LA–369), 

Louisiana sent us an amendment to its 

program under SMCRA (30 U.S.C. 1201 

et seq.). Louisiana submitted its 

proposed amendment in response to a 

September 30, 2009, letter 

(Administrative Record No. LA–368) 

that OSM sent to Louisiana in 

accordance with 30 CFR 732.17(c). 

Louisiana proposed revisions to the 

Louisiana Surface Mining Regulations 

found in the Louisiana Administrative 

Code, Title 43, Part XV (LAC) 

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