[Federal Register Volume 62, Number 153 (Friday, August 8, 1997)]
[Proposed Rules]
[Pages 42713-42715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21034]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[SPATS No. IN-139-FOR]


Indiana Abandoned Mine Land Reclamation Plan

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

ACTION: Proposed rule; public comment period and opportunity for public 
hearing.

-----------------------------------------------------------------------

SUMMARY: OSM is announcing receipt of a proposed amendment to the 
Indiana abandoned mine land reclamation plan (hereinafter referred to 
as the ``Indiana plan'') under the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA). The proposed amendment consists of 
revisions to the Indiana plan pertaining to procedures for ranking and 
selecting reclamation projects, coordination with other programs, 
reclamation of private land, public participation policies, 
organization of designated agency, Applicant/Violator System (AVS) 
requirements, flora and fauna of southwestern Indiana, and the 
emergency reclamation program. The amendment is intended to revise the 
Indiana plan to be consistent with the corresponding Federal 
regulations and SMCRA.

DATES: Written comments must be received by 4:00 p.m., e.s.t., 
September 8, 1997. If requested, a public hearing on the proposed 
amendment will be

[[Page 42714]]

held on September 2, 1997. Requests to speak at the hearing must be 
received by 4:00 p.m., e.s.t. on August 25, 1997.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Andrew R. Gilmore, Indianapolis Field 
Office, at the address listed below
    Copies of the Indiana plan, the proposed amendment, a listing of 
any scheduled public hearings, and all written comments received in 
response to this document will be available for public review at the 
addresses listed below during normal business hours, Monday through 
Friday, excluding holidays. Each requester may receive one free copy of 
the proposed amendment by contacting OSM's Indianapolis Field Office.
    Andrew R. Gilmore, Director, Indianapolis Field Office, Office of 
Surface Mining Reclamation and Enforcement, Minton-Capehart Federal 
Building, 575 North Pennsylvania Street, Room 301, Indianapolis, IN 
46204, Telephone: (317) 226-6700.
    Indiana Department of Natural Resources, 402 West Washington 
Street, Room C256, Indianapolis, Indiana 46204, Telephone: (317) 232-
1547.

FOR FURTHER INFORMATION CONTACT:
Andrew R. Gilmore, Director, Indianapolis Field Office, Telephone: 
(317) 226-6700.

SUPPLEMENTARY INFORMATION:

I. Background on the Indiana Plan

    On July 29, 1982, the Secretary of the Interior approved the 
Indiana plan. Background information on the Indiana plan, including the 
Secretary's findings, the disposition of comments, and the approval of 
the plan can be found in the July 26, 1982, Federal Register (47 FR 
32110). Subsequent actions concerning the Indiana plan and amendments 
to the plan can be found at 30 CFR 914.20 and 914.25.

II. Description of the Proposed Amendment

    By letter dated July 23, 1997 (Administrative Record No. IND-1579), 
Indiana submitted a proposed amendment to its plan pursuant to SMCRA. 
Indiana submitted the proposed amendment in response to a September 26, 
1994, letter (Administrative Record No. IND-1583) that OSM sent to 
Indiana in accordance with 30 CFR 884.15(d) and at its own initiative. 
The full text of the proposed program amendment submitted by Indiana is 
available for public inspection at the locations listed above under 
ADDRESSES. A brief discussion of the proposed amendment is presented 
below.

1. Miscellaneous Changes

    Indiana made editorial and clarifying language changes throughout 
its plan. The changes include the following: (1) Revising the current 
organizational structure for management of the Indiana abandoned mined 
lands reclamation program, (2) changing each reference to the ``Soil 
Conservation Service/SCS'' to the ``Natural Resources Conservation 
Service/NRCS,'' (3) changing references to statute citations to reflect 
recent recodification of the Indiana Surface Coal Mining and 
Reclamation Act, and (4) changing various provisions to reflect revised 
grant procedures implemented by OSM that do not require specific 
project submissions at the time of grant application.

2. Reclamation Project Ranking and Selection Procedures, 884.13(c)(2)

    a. Indiana added an additional example of a Priority II AML 
problem. Potential sites may now include ``any water body adversely 
affected by acid drainage derived from coal mine sources which has 
reduced recreational or aesthetic value and for which there is local 
support for reclamation.''
    b. Indiana deleted the former Priority IV designation of ``AML 
problems which present a potential for research and demonstration 
projects related to mine reclamation'' and renumbered former Priority V 
and VI as priority IV and V, respectively.
    c. Indiana added the following new provision: ``Remined Sites--Any 
site that is eligible for AML reclamation fund expenditures, that is 
remined or reaffected by mining, remains eligible for AML reclamation 
after bond release or bond forfeiture.''

3. Coordination with Other Programs, 884.13(c)(3)

    a. Indiana removed the language ``Division of Reclamation annual 
plans will be developed with SCS as funding is made available''.
    b. Indiana removed the existing language in the emergency policy 
provision, and added the new language ``Indiana's implementation of the 
Emergency Reclamation Program is defined in the attached Amendment 
E.R.P.''

4. Reclamation of Private Land, 884.13(c)(5)

    a. Indiana removed the minimum 30-day time period for allowing the 
landowner to repay the amount of a proposed lien, and added the 
requirement that the landowner shall be allowed a reasonable time to 
prepay the amount of a proposed lien.
    b. Indiana added a new provision that allows the landowner, within 
60 days of the lien being filed, to petition under local law to 
determine the increase in market value of the land as a result of the 
reclamation work.

5. Public Participation Policies, 884.13(c)(7)

    a. Indiana added the following new public participation policy 
statement: ``The publication `Citizens guide to Indiana's Abandoned 
Mine Land Program' is widely circulated to all interested citizens.''
    b. Indiana removed the existing language pertaining to the 
intergovernment review process (EO 12372) and added the language ``This 
direct contact has replaced the E.O. 12372 requirements that Indiana 
has chosen not to apply to the AML program.''
    c. Indiana deleted the paragraph specifying the public meeting 
format.

6. Organization of the Designated Agency, 884.13(d)(1)

    a. Indiana deleted the paragraph on the ``Geological Survey 
Division.''
    b. The organizational chart of the Department of Natural Resources 
was revised to reflect the current organization.
    c. Under the heading ``Pay Requests and Change Orders,'' Indiana 
removed the paragraph on payment to engineering firms.
    d. The organizational chart of the Division of Reclamation was 
revised to reflect the current organization.

7. Purchasing and Procurement, 884.13(d)(3)--Applicant/Violator System 
(AVS) Requirements

    Indiana added a new provision, entitled ``Indiana AML Applicant/
Violator System (AVS) Program,'' to address requirements and procedures 
for AVS checks on potential AML contractors.

8. Flora and Fauna of Southwestern Indiana, 884.13(f)(3)

    a. Indiana removed its reference to only Priority II sites and 
added the requirement that sites be evaluated to determine the presence 
of wetlands, endangered species, or other environmental concerns.
    b. Significant Features Review--This provision was revised to 
clarify interaction with other Divisions in identifying important 
natural features and to clarify policy on potential conflicts with 
endangered species or unique natural features.

[[Page 42715]]

9. Reclamation Review Checklist

    Indiana made various revisions to the reclamation review checklist. 
These revisions include adding the consideration of impacts to State 
Nature Preserves, State Forests, State Reservoirs, and State endangered 
or threatened species and deleting the consideration of historic and 
cultural resources and Federal threatened and endangered species.

10. Amendment E.R.P. (Emergency Reclamation Program)

    Indiana deleted the table of contents and its reference to 30 CFR 
884.13(c)(5) and (6) and revised the restoration program organizational 
structure chart and the description of responsibilities for the 
emergency program coordinator.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 884.15(a), OSM is 
seeking comments on whether the proposed amendment satisfies the 
applicable program approved criteria of 30 CFR 884.14. If the amendment 
is deemed adequate, it will become part of the Indiana program.

Written Comments

    Written comments should be specific, pertain only to the issues 
proposed in this rulemaking, and include explanations in support of the 
commenter's recommendations. Comments received after the time indicated 
under DATES or at locations other than the Indianapolis Field Office 
will not necessarily be considered in the final rulemaking or included 
in the Administrative Record.

Public Hearing

    Persons wishing to speak at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., 
e.s.t. on August 25, 1997. The location and time of the hearing will be 
arranged with those persons requesting the hearing. Any disabled 
individual who has need for a special accommodation to attend a public 
hearing should contact the individual listed under FOR FURTHER 
INFORMATION CONTACT.
    Filing of a written statement at the time of the hearing is 
requested as it will greatly assist the transcriber. Submission of 
written statements in advance of the hearing will allow OSM officials 
to prepare adequate responses and appropriate questions. The public 
hearing will continue on the specified date until all persons scheduled 
to speak have been heard. Persons in the audience who have not been 
scheduled to speak, and who wish to do so, will be heard following 
those who have been scheduled. The hearing will end after all persons 
scheduled to speak and persons present in the audience who wish to 
speak have been heard. If no one requests an opportunity to speak at 
the public hearing, the hearing will not be held.

Public Meeting

    If only one person requests an opportunity to speak at a hearing, a 
public meeting, rather than a public hearing, may be held. Persons 
wishing to meet with OSM representatives to discuss the proposed 
amendment may request a meeting by contacting the person listed under 
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the 
public and, if possible, notices of meetings will be posted at the 
locations listed under ADDRESSES. A written summary of each meeting 
will be made a part of the Administrative Record.

IV. Procedural Determinations

Executive Order 12866

    This proposed rule is exempted from review by the Office of 
Management and Budget (OMB) under Executive Order 12866 (Regulatory 
Planning and Review).

Executive Order 12988

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 (Civil Justice Reform) and has 
determined that, to the extent allowed 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 and Tribal abandoned mine land reclamation plans and revisions 
thereof since each such plan is drafted and promulgated by a specific 
State or Tribe, not by OSM. Decisions on proposed abandoned mine land 
reclamation plans and revisions thereof submitted by a State or Tribe 
are based 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.

National Environmental Policy Act

    No environmental impact statement is required for this rule since 
agency decisions on proposed State or Tribal abandoned mine land 
reclamation plans and revisions thereof 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 has determined 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 submittal which is the subject of the 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. Accordingly, this rule will ensure that existing requirements 
previously promulgated by OSM will be implemented. In making the 
determination as to whether this rule would have a significant economic 
impact, the Department relied upon the data and assumptions in the 
analyses for the corresponding Federal regulations.

Unfunded Mandates

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 914

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: July 31, 1997.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 97-21034 Filed 8-7-97; 8:45 am]
BILLING CODE 4310-05-M