[Federal Register Volume 88, Number 181 (Wednesday, September 20, 2023)]
[Rules and Regulations]
[Pages 64803-64806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20019]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 925

[SATS No. MO-049-FOR; Docket ID: OSM-2019-0001; S1D1S SS08011000 
SX064A000 234S180110; S2D2S SS08011000 SX064A000 23XS501520]


Missouri AML Plan

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Final rule; approval of amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE), are approving an amendment to the Missouri Abandoned Mine Land 
Reclamation Fund and Abandoned Mine Reclamation and Restoration 
regulations under the Surface Mining Control and Reclamation Act of 
1977 (SMCRA or the Act). The amendment was submitted in response to two 
executive orders by the Governor of Missouri. Each State agency was 
directed to review and amend their regulations to ensure that they were 
efficient, effective, and necessary, and to significantly reduce the 
volume of regulations. Missouri's amendments to their regulations will 
replace text to improve clarity and remove redundant sections already 
addressed under their Abandoned Mine State Reclamation Plan or 
elsewhere in their statutes and regulations (hereinafter, the Missouri 
Plan).

DATES: Effective October 20, 2023.

FOR FURTHER INFORMATION CONTACT: William Joseph, Chief, Alton Field 
Division, Office of Surface Mining Reclamation and Enforcement, 501 
Belle Street, Suite 216, Alton, Illinois 62002. Telephone (618) 463-
6460. Email: <a href="/cdn-cgi/l/email-protection#31535b5e42544159715e425c43541f565e47"><span class="__cf_email__" data-cfemail="05676f6a7660756d456a766877602b626a73">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 
I. Background on the Missouri Program
II. Submission of the Amendment
III. OSMRE's Findings
IV. Summary and Disposition of Comments
V. OSMRE's Decision
VI. Statutory and Executive Order Reviews

I. Background on the Missouri 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 other authorized 
activities. Section 405 of the Act allows States and Tribes to assume 
exclusive responsibility for reclamation activity within the State or 
on Tribal lands if they develop and submit for approval to the 
Secretary of the Interior 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 Missouri Plan 
effective January 29, 1982. You can find background information on the 
Missouri Plan, including the Secretary's findings, the disposition of 
comments, and the conditions of approval of the Missouri Plan in the 
January 29, 1982, Federal Register (47 FR 4253). You can also find 
later actions concerning the Missouri Plan and amendments to the Plan 
at 30 CFR 925.20 and 925.25.

II. Submission of the Amendment

    By letter dated March 6, 2019 (Administrative Record No. MO-685), 
Missouri sent us an amendment to its Abandoned Mine Land Reclamation 
Fund and Abandoned Mine Reclamation and Restoration regulations under 
SMCRA (30 U.S.C. 1201 et seq.) on its own initiative. We announced 
receipt of the proposed amendment in the May 10, 2019, Federal Register 
(84 FR 20597). 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 amendment. We did not hold a public hearing or 
meeting because one was not requested. We did not receive any public 
comments on the proposed amendment. The public comment period ended on 
June 10, 2019.

III. OSMRE's Findings

    The following are the findings we made concerning the amendment 
under SMCRA and the Federal regulations at 30 CFR 884. We are approving 
the amendment as described below.
    Missouri Executive Order 17-03 (January 10, 2017) and Missouri 
Executive Order 18-04 (June 29, 2018) directed Missouri State agencies 
to review and revise existing state regulations to reduce textual 
length and regulatory burden. Several of Missouri's revisions were 
proposed in response to these Orders.
    Missouri proposed to add more specific statutory citations to 
section 10 CSR 40-9.010. We find the additional citations to be 
relevant and appropriate for inclusion.
    Missouri proposed to replace the phrase ``shall include:'' with 
``includes:'' in 10 CSR 40-9.010(2) with the goal of increasing 
clarity. We find that this change does not alter the meaning of the 
regulation, and therefore we approve the change.
    Missouri proposed to revise 10 CSR 40-9.010 (3) from ``the fund 
shall be used . . .'' to ``the fund are to be used . . .'' (emphasis 
added). The State has determined that this change provides better 
clarity. OSMRE finds that this change does not alter the meaning of the 
regulation, and therefore we approve the change.
    Missouri proposed to revise section 10 CSR 40-9.020(1), replacing 
``shall be used to offset the cost of reclamation . . .'' with ``are to 
be used to offset the cost of reclamation . . .'' (emphasis added). 
Missouri further proposed changing ``if not required for further 
reclamation . . .'' to ``if not needed for further reclamation . . .'' 
(emphasis added). Missouri offers these changes in the assertion it 
improves the clarity of the regulation. OSMRE finds this does not alter 
the meaning of the regulation and approves.
    Missouri proposed to remove paragraphs 10 CSR 40-9.020(4) and (5) 
from their regulations entirely. These paragraphs address reclamation 
objectives and priorities as well as reclamation project evaluation 
factors. Reclamation goals and objectives are already included in State 
law at Mo.

[[Page 64804]]

Rev. Stat. Sec.  444.915 and in the Missouri Plan section titled Goals 
and Objectives--884.13(c)(1), pages C-1-1 through C-1-6. Reclamation 
project evaluation factors are already addressed in the Missouri Plan 
section Project Ranking and Selection--884.13(c)(2), pages C-2-1 
through C-2-7. We find the sections included in the statute and 
Missouri Plan have met the requirements of 30 CFR 884.13(c)(1) and (2), 
thereby rendering the referenced regulatory paragraphs unnecessary and 
we approve their removal from the regulations.
    Missouri proposed to amend 10 CSR 40-9.030(2)(B) to replace the 
term ``general welfare'' with ``environment'' with the stated goal of 
aligning with the Federal regulation. The Federal regulation, however, 
uses the term ``general welfare.'' Nevertheless, we find that 
Missouri's program remains consistent with the Federal regulation under 
the proposed amendment. Even if the term ``environment'' could be 
construed as a term with a more limited meaning than ``general 
welfare,'' we note that Missouri's statute construes entry as an 
exercise of the police power for ``the protection of public health, 
safety, and general welfare . . .'' Mo. Rev. Stat. Sec.  444.925(4). 
Thus, Missouri's proposed amendment does not make Missouri's program 
inconsistent with the Federal requirements.
    Missouri proposed to change 10 CSR 40-9.030(2)(c) to replace 
``Entry required to investigate and explore reported emergency 
conditions will be governed by 10 CSR 40-9.030(4)'' with ``Entry 
necessary to investigate and explore emergency conditions will be 
governed by 10 CSP 40-9.030(4)'' (emphasis added). Missouri determined 
this change provided increased clarity. OSMRE finds this change does 
not alter the meaning of the regulation, and therefore we approve the 
change.
    Missouri proposed to amend 10 CSR 40-9.030(3)(B)(2) by replacing 
the term ``the general welfare'' with ``environment.'' For the reasons 
stated above, we find that Missouri's proposal is consistent with 
Federal requirements.
    Missouri proposed to change 10 CSR 40-9.030(3) from ``The owner of 
the land or water resources where entry must be made to restore, . . 
.'' to ``The owner of the land or water resources where entry is 
necessary to restore, . . .'' (emphasis added). Missouri determined 
this change improves the clarity of the regulation. OSMRE finds the 
change does not alter the meaning of the regulation, and therefore we 
approve the change.
    Missouri proposed to revise 10 CSR 40-9.030(3)(C) to read ``The 
notice shall be in writing and mailed, return receipt requested'' 
instead of ``The notice shall be requested in writing and shall be 
mailed, return receipt requested'' (emphasis added). The State 
determined removing the second ``shall be'' improved the readability of 
the regulation. OSMRE approves of this non-substantive change.
    Missouri proposed to amend 10 CSR 40-9.040 to add more specific 
statutory citations. OSMRE approves the proposal because the additional 
citations are relevant and appropriate.
    Missouri proposed to remove sections 10 CSR 40-9.040(1)(A)(1), 
(A)(2), and (B) and replace these sections with a cross-reference to 
the State statute: Mo. Rev. Stat. Sec.  444.925.1. The information 
contained in the deleted sections is included by reference to 30 CFR 
part 879 in section C-4-2 of the Missouri Plan and in Mo. Rev. Stat. 
Sec.  444.925. The program remains as effective as the Federal 
counterpart regulation by including the necessary information by 
reference. Therefore, we approve this change.
    In 10 CSR 40-9.040(2), Missouri proposed to update the citation 
``Interagency Land Acquisition Conference 1973'' to ``Interagency Land 
Acquisition Conference 2016''. We approve Missouri's proposal as 
consistent with the Federal requirement in 30 CFR 879.12(d).
    Missouri proposed to revise 10 CSR 40-9.050 to change the citations 
to the State statutes (Mo. Rev. Stat. Sec. Sec.  444.825.5 and 
444.825.6) in the current regulation to the correct citations (Mo. Rev. 
Stat. Sec. Sec.  444.925.5 and 444.925.6). OSMRE approves of this 
correction.
    Missouri proposed to edit 10 CSR 40-9.050 to remove paragraphs 
(1)(B) and (1)(C) in their entirety. As background, section 407(f) of 
SMCRA authorizes the Secretary of the Interior to ``provide by 
regulation that money derived from the lease, rental, or user charges 
of such acquired land and facilities thereon will be deposited in the 
fund.'' 30 U.S.C. 1237(f). Federal implementing regulations at 30 CFR 
879.14 provide: ``Procedures for collection of user charges or the 
waiver of such charges by the OSM, State, or Indian tribe shall provide 
that all user fees collected shall be deposited in the appropriate 
Abandoned Mine Reclamation Fund.'' Missouri's previously approved 
regulations at 10 CSR 40-9.050(1)(B)-(C) provide that any user of 
acquired land must be charged a use fee and that such use fees will be 
deposited in the fund in accordance with 10 CSR 40-9.010. Missouri 
proposed to continue to allow use of acquired land under 10 CSR 40-
9.050(A), which is not proposed to be amended, while deleting the 
provisions about user fees in 10 CSR 40-9.050(1)(B)-(C). Nevertheless, 
we find that Missouri continues to meet the requirements of 30 CFR 
879.14 because a separate provision, 10 CSR 40-9.010(2)(B), specifies 
that monies collected by the State from charges for uses of acquired or 
reclaimed lands will be treated as revenue to the abandoned mine 
reclamation fund. Therefore, we approve this change.
    Missouri proposed to revise 10 CSR 40-9.050(2)(E) to read, ``All 
monies received from the disposal of land under this rule will be de-
obligated and returned to the office,'' instead of ``All monies 
received from the disposal of land under this rule shall be deposited 
in the abandoned mine land fund.'' ``Office'' is defined in 10 CSR 
40.9010(1) as OSMRE. More specific details outlining this requirement 
can be found in the Missouri Plan contained in section 30 C-4-2, which 
states that the provisions of 30 CFR part 879 will be followed. 30 CFR 
879.15(b)(2)(h), in turn, dictates: ``We will handle all monies 
received under this paragraph as unused funds in accordance with Sec.  
886.20 of this Chapter.'' We find this change to be no less effective 
than the Federal counterpart, and therefore we approve the change.
    The State proposed to revise 10 CSR 40-9.060(1) to remove the word 
``required'' and replace it with ``necessary.'' The State asserts that 
this change improves clarity and complies with Executive Order 17-03. 
OSMRE finds this does not alter the meaning of the regulation, and 
therefore we approve the change.
    The State proposed to revise 10 CSR 40-9.060(2) to remove the word 
``require'' and replace it with ``necessitates.'' The State asserts 
that this improves clarity and complies with Executive Order 17-03. 
OSMRE finds this does not alter the meaning of the regulation, and 
therefore we approve the change.
    Missouri proposed removal of ``acquired title prior to May 2, 1977 
and who'' from 10 CSR 40-9.060(3)(2). OSMRE removed this date under a 
2008 amendment to 30 CFR 882.13 (73 FR 35236). This revision aligns the 
amended language exactly to the Federal counterpart; therefore, it is 
no less effective, and we approve the change.
    The State proposed to revise 10 CSR 40-9.060(3) to remove the word 
``shall'' and replace it with ``will.'' The State asserts that this 
improves clarity and complies with Missouri Executive Order 17-03. 
OSMRE finds this proposal does

[[Page 64805]]

not alter the meaning of the regulation, and therefore we approve the 
change.

IV. Summary and Disposition of Comments

Public Comments

    We asked for public comments on the amendment. As noted in Section 
II, we did not receive any public comments on this proposed amendment.

Federal Agency Comments

    On February 14, 2019, under 30 CFR 732.17(h)(11)(i), we requested 
comments on the amendment from various Federal agencies with an actual 
or potential interest in the Missouri program (Administrative Record 
No. MO-685). We did not receive any comments.

Environmental Protection Agency (EPA) Concurrence and Comments

    Under 30 CFR 732.17(h)(11)(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 revisions that Missouri proposed to 
make in this amendment pertain to air or water quality standards. 
Therefore, we did not ask EPA to concur on the amendment. However, on 
February 14, 2019, under 30 CFR 732.17(h)(11)(i), we requested comments 
from the EPA on the amendment (Administrative Record No. MO-685). The 
EPA did not respond to our request.

State Historical Preservation Officer (SHPO) and the Advisory Council 
on Historic Preservation (ACHP)

    Under 30 CFR 732.17(h)(4), we are required to request comments from 
the SHPO and ACHP on amendments that may have an effect on historic 
properties. On February 14, 2019, we requested comments on the Missouri 
amendment (Administrative Record No. MO-685). We did not receive 
comments from the SHPO or the ACHP.

V. OSMRE's Decision

    Based on the above findings, we are approving Missouri's submittal 
sent to us on March 6, 2019 (Administrative Record No. MO-685) because 
the proposed amendments are consistent with Federal standards.
    To implement this decision, we are amending the Federal 
regulations, at 30 CFR part 925, that codify decisions concerning the 
Missouri program. In accordance with the Administrative Procedure Act, 
this rule will take effect 30 days after the date of publication. 
Section 405 of SMCRA requires that each State with an abandoned mine 
reclamation program must have an approved State regulatory program 
pursuant to Section 503 of the Act. 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. 
SMCRA requires consistency of State and Federal standards.

VI. Statutory and Executive Order Reviews

Executive Order 12630--Governmental Actions and Interference With 
Constitutionally Protected Property Rights

    This rule would not effect a taking of private property or 
otherwise have taking implications that would result in private 
property being taken for government use without just compensation under 
the law. Therefore, a takings implication assessment is not required. 
This determination is based on an analysis of the corresponding Federal 
regulations.

Executive Orders 12866--Regulatory Planning and Review,13563--Improving 
Regulation and Regulatory Review, and 14094--Modernizing Regulatory 
Review

    Executive Order 12866, as amended by Executive Order 14094, 
provides that the Office of Information and Regulatory Affairs in the 
Office of Management and Budget (OMB) will review all significant 
rules. Pursuant to OMB guidance, dated October 12, 1993, the approval 
of State plan amendments are exempted from OMB review under Executive 
Order 12866, as amended by Executive Order 14094. Executive Order 
13563, which reaffirms and supplements Executive Order 12866, retains 
this exemption.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has reviewed this rule as required 
by Section 3 of Executive Order 12988. The Department determined that 
this Federal Register document meets the criteria of Section 3 of 
Executive Order 12988, which is intended to ensure that the agency 
review its legislation and proposed regulations to eliminate drafting 
errors and ambiguity; that the agency write its legislation and 
regulations to minimize litigation; and that the agency's legislation 
and regulations provide a clear legal standard for affected conduct 
rather than a general standard, and promote simplification and burden 
reduction. Because Section 3 focuses on the quality of Federal 
legislation and regulations, the Department limited its review under 
this Executive Order to the quality of this Federal Register document 
and to changes to the Federal regulations. The review under this 
Executive Order did not extend to the language of the State amendment 
that Missouri drafted.

Executive Order 13132--Federalism

    This rule has potential Federalism implications as defined under 
Section 1(a) of Executive Order 13132. Executive Order 13132 directs 
agencies to ``grant the States the maximum administrative discretion 
possible'' with respect to Federal statutes and regulations 
administered by the States. Missouri, through its approved reclamation 
program, implements and administers SMCRA and its implementing 
regulations at the state level. This rule approves an amendment to the 
Missouri reclamation program submitted and drafted by the State and, 
thus, is consistent with the direction to provide maximum 
administrative discretion to States.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Tribes through a commitment 
to consultation with Tribes and recognition of their right to self-
governance and Tribal sovereignty. We have evaluated this rule under 
the Department's consultation policy and under the criteria in 
Executive Order 13175, and have determined that it has no substantial 
direct effects on Federally recognized Tribes or on the distribution of 
power and responsibilities between the Federal government and Tribes. 
Therefore, consultation under the Department's Tribal consultation 
policy is not required. The basis for this determination is that our 
decision is on the Missouri plan, which does not include Tribal lands 
or regulation of activities on Tribal lands. Tribal lands are regulated 
independently under the applicable, approved Federal program.

Executive Order 13211--Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    Executive Order 13211 requires agencies to prepare a Statement of 
Energy Effects for a rulemaking 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

[[Page 64806]]

significant energy action under the definition in Executive Order 
13211, a Statement of Energy Effects is not required.

Executive Order 13045--Protection of Children From Environmental Health 
Risks and Safety Risks

    This rule is not subject to Executive Order 13045 because this is 
not an economically significant regulatory action as defined by 
Executive Order 12866; and this action does not address environmental 
health or safety risks disproportionately affecting children.

National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. We are not required to 
provide a detailed statement under the National Environmental Policy 
Act of 1969 because this rule qualifies for a categorical exclusion 
under the U.S. Department of the Interior Departmental Manual, part 
516, section 13.5(B)(29).

National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA; 15 U.S.C. 3701 et seq.) directs OSMRE to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. (OMB 
Circular A-119 at p. 14). This action is not subject to the 
requirements of section 12(d) of the NTTAA because application of those 
requirements would be inconsistent with SMCRA.

Paperwork Reduction Act

    This rule does not include requests and requirements of an 
individual, partnership, or corporation to obtain information and 
report it to a Federal agency. As this rule does not contain 
information collection requirements, a submission to OMB under the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.) is not required.

Regulatory Flexibility Act

    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 corresponding 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 corresponding 
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 on an analysis of the 
corresponding Federal regulations, which were determined not to 
constitute a major rule.

Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
Tribal governments, or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on State, 
local, or Tribal governments or the private sector. This determination 
is based on an analysis of the corresponding Federal regulations, which 
were determined not to impose an unfunded mandate. Therefore, a 
statement containing the information required by the Unfunded Mandates 
Reform Act (2 U.S.C. 1531 et seq.) is not required.

List of Subjects in 30 CFR Part 925

    Intergovernmental relations, Surface mining, Underground mining.

William L. Joseph,
Acting Regional Director, OSMRE IRs 3, 4 and 6.

    For the reasons set out in the preamble, 30 CFR part 925 is amended 
as follows:

PART 925--MISSOURI

0
1. The authority citation for part 925 continues to read as follows:

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


0
2. In Sec.  925.25 amend the table by adding an entry for ``March 6, 
2019'' at the end of the table to read as follows:


Sec.  925.25  Approval of Missouri abandoned mine land reclamation plan 
amendments.

* * * * *

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  Original amendment submission date       Date of final publication              Citation/description
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
March 6, 2019.........................  September 20, 2023............  10 CSR 40-9.010 through 40-9.060.
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[FR Doc. 2023-20019 Filed 9-19-23; 8:45 am]
BILLING CODE 4310-05-P


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