67592 Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Proposed Rules

noticed, by certified letter, that the

PADEP received a proposal for a GFCC

to perform reclamation activities within

the municipality.

(e) Upon final execution of the

contract, PADEP will notify the host

municipality and county by certified

mail of the action (see draft notice);

notify any agencies who submitted

comments; notify appropriate state

Legislators, in writing, of the action; and

issue a press release of the action

(Regional Community Relations

Coordinator to assist in preparation of

this release). If a Small Projects Permit

is issued with the executed contract,

notice must be made in the PA Bulletin.

Monitoring Program for GFCC’s

The PADEP will conduct monthly

inspections of all GFCC’s until the site

is determined to be stabilized by

vegetation. At that time, the PADEP will

continue to conduct regular inspections

on a quarterly basis until the contract

receives final approval and final bond

release.

The inspections forms and related

instructions to be utilized to monitor the

GFCC program are part of the

amendment.

III. Public Comment Procedures

In accordance with the provisions of

30 CFR 884.15, OSM is now seeking

comment on whether the amendment

proposed by Pennsylvania satisfies the

applicable requirements for the

approval of State AMLR program

amendments. If the amendment is

deemed adequate, it will become part of

the Pennsylvania 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 Harrisburg Field Office

will not necessarily be considered in the

final rulemaking or included in the

Administration Record.

Public Hearing

Persons wishing to comment at the

public hearing should contact the

person listed under FOR FURTHER

INFORMATION CONTACT by close of

business on January 13, 1998. If no one

requests an opportunity to comment at

a public hearing, the hearing will not be

held.

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 comment have been heard.

Persons in the audience who have not

been scheduled to comment and who

wish to do so will be heard following

those scheduled. The hearing will end

after all persons who desire to comment

have been heard.

Public Meeting

If only one person requests an

opportunity to comment 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 amendments may

request a meeting at the Harrisburg

Field Office by contacting the person

listed under FOR FURTHER INFORMATION

CONTACT. All such meetings will be

open to the public and, if possible,

notices of the meetings will be posted in

advance at the locations listed above

under ADDRESSES. A summary of

meeting will be included in the

Administrative Record.

IV. Procedural Determinations

Executive Order 12866

This proposal 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 Parts 884 and 888.

National Environmental Policy Act

No environmental impact statement is

required for this rule since agency

decisions on proposed State and 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 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.

Accordingly, this rule will ensure that

existing requirements previously

promulgated by OSM will be

implemented by the State. 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 938

Intergovernmental relations, Surface

mining, Underground mining.

Dated: December 18, 1997.

Allen D. Klein,

Regional Director, Appalachian Regional

Coordinating Center.

[FR Doc. 97–33663 Filed 12–24–97; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 943

[SPATS No. TX–039–FOR]

Texas Abandoned Mine Land

Reclamation Plan

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.
Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Proposed Rules 67593

ACTION: Proposed rule; public comment

period and opportunity for public

hearing.

SUMMARY: OSM is announcing receipt of

a proposed amendment to the Texas

abandoned mine land (AML)

reclamation plan (hereinafter referred to

as the ‘‘Texas plan’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). The proposed

amendment pertains to responsibilities,

definitions, abandoned mine

reclamation fund, eligible coal lands

and water, reclamation objectives and

priorities, utilities and other facilities,

limited liability, contractor

responsibility, eligible non-coal lands

and water, reclamation priorities for

non-coal program, exclusion of certain

non-coal reclamation sites, land

acquisition authority-non-coal, lien

requirements, written consent for entry,

entry and consent to reclaim, entry for

emergency reclamation, land eligible for

acquisition, procedures for acquisition,

acceptance of gifts of land, management

of acquire land, disposition of reclaimed

lands, and liens. The amendment is

intended to revise Texas’ AML

regulations to conform selected parts to

amended Federal regulations. Texas also

proposed to reorganize its AML

regulations to align more clearly with

Federal counterpart regulations.

DATES: Written comments must be

received by 4:00 p.m., c.s.t., January 28,

1998. If requested, a public hearing on

the proposed amendment will be held

on January 23, 1998. Requests to speak

at the hearing must be received by 4:00

p.m., c.s.t., on January 13, 1998.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to Michael

C. Wolfrom, Director, Tulsa Field Office

at the address listed below.

Copies of the Texas 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 Tulsa

Field Office.

Michael C. Wolform, Director, Tulsa

Field Office, Office of Surface Mining

Reclamation and Enforcement, 5100

East Skelly Drive, Suite 470, Tulsa,

Texas 74135–6547, Telephone: (918)

581–6430.

Surface Mining and Reclamation

Division, Railroad Commission of

Texas, 1701 North Congress Avenue,

P.O. Box 12967, Austin, Texas 78711–

2967, Telephone: (512) 463–6900.

FOR FURTHER INFORMATION CONTACT:

Michael C. Wolfrom, Director, Tulsa

Field Office, Telephone: (918) 581–

6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Texas Plan

On June 23, 1980, the Secretary of the

Interior approved the Texas Abandoned

Mine Land Plan. General background

information on the Texas plan,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval can be found in

the June 23, 1980, Federal Register (45

FR 41937). Subsequent actions

concerning the Texas program can be

found at 30 CFR 943.25.

II. Description of the Proposed

Amendment

By letter dated December 1, 1997

(Administrative Record No. TAML–61),

Texas submitted a proposed amendment

to its plan pursuant to SMCRA. Texas

submitted the proposed amendment at

its own initiative. The provisions of the

Texas plan proposed for review are:

1. AML Regulations Proposed for Repeal

a. Section 12.805 Reclamation Project

Evaluation

Texas proposed to repeal this section

and to add new § 12,805, Utilities and

Other Facilities.

b. Section 12.806 Consent to Entry;

§ 12.807 Entry for Studies or

Exploration; and § 12.808 Entry and

Consent to Reclaim

Texas proposed to repeal §§ 12.806,

12.807, and 12,808 and to consolidate

these sections and re-adopt them with

revisions and additions as new § 12.813,

Written Consent for Entry and § 12.814,

Entry and Consent to Reclaim.

c. Section 12.809 Land Eligible for

Acquisition

Texas proposed to repeal § 12.809 and

to adopt with revised language as new

§ 12.816, Land Eligible for Acquisition,

in conformance with Texas Natural

Resources Code, § 134.145.

d. Section 12.810 Procedures for

Acquisition

Texas proposed to repeal § 12.810 and

to add new § 12.817, Procedures for

Acquisition, with changes in

conformance with amended Federal

regulations at 30 CFR 879.12.

e. Section 12.811 Acceptance of Gifts of

Land

Texas proposed to repeal § 12.811 and

to add new § 12.818, Acceptance of Gifts

of Land, in conformance with amended

Federal regulations at 30 CFR 879.13.

f. Section 12.812 Management of

Acquired Lands

Texas proposed to repeal § 12.812 and

to add new § 12.819, Management of

Acquired Lands, in conformance with

amended Federal regulations at 30 CFR

879.14.

g. Section 12.813 Disposition of

Reclaimed Land

Texas proposed to repeal § 12.813 and

to add new § 12.820, Disposition of

Reclaimed Land, in conformance with

the Texas Surface Coal Mining and

Reclamation Act of 1977.

h. Section 12.814 Operations on Private

Land

Texas proposed to repeal § 12.814 and

to add new § 12.814, Entry and Consent

to Reclaim.

i. Section 12.815 Appraisals

Texas proposed to repeal § 12.815 and

to add new § 12.815, Entry for

Emergency Reclamation.

j. Section 12.816 Liens

Texas proposed to repeal § 12.816 and

to add new § 12.820, Liens.

k. Section 12.817 Satisfaction of Liens

Texas proposed to repeal § 12.817 and

to add new § 12.817, Procedures for

Acquisition.

2. Section 12.800 Responsibilities

Texas proposed to add this new

section regarding the responsibilities of

the Commission.

3. Section 12.801 Definitions

Texas proposed to revise this section

by adding definitions for ‘‘abandoned

mine reclamation fund or fund,’’

‘‘eligible lands and water,’’

‘‘emergency,’’ ‘‘extreme danger,’’ ‘‘left or

abandoned in either an unreclaimed or

inadequately reclaimed condition,’’

‘‘mineral owner,’’ ‘‘OSM,’’ ‘‘permanent

facility,’’ ‘‘project,’’ ‘‘reclamation

activity,’’ ‘‘state reclamation program,’’

and ‘‘Texas abandoned mine

reclamation fund or state fund.’’

4. Section 12.802 Texas Abandoned

Mine Reclamation Fund

Texas proposed to add a section

pertaining to the type of revenue that

shall be included in the State’s

abandoned mine land reclamation fund.

5. Section 12.803 Eligible Coal Lands

and Water

Texas proposed to revise this section

to conform to amended Federal

regulations by making minor wording
67594 Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Proposed Rules

changes, deleting paragraph (b) in its

entirety, and by adding new paragraphs

(4) through (8). paragraph (4) pertains to

how coal lands and waters damaged by

coal mining processes and abandoned

after August 3, 1977, can become

eligible for funding. Paragraph (5)

pertains to when the Commission may

expend funds for reclamation and

abatement of any eligible site under

paragraph (4). Paragraph (6) pertains to

how monies obtained from sources

outside the abandoned mine

reclamation fund can be used.

Paragraph (7) describes when permittees

shall reimburse the abandoned mine

land fund for reclamation costs. it also

states that when performing reclamation

under paragraph (4), Texas shall not be

held liable for any violations of any

performance standards or reclamation

requirements. Paragraph (8) pertains to

lands eligible for remining and the

eligibility for funds for reclamation

activities on these lands.

6. Section 12.804 Reclamation

Objectives and Priorities

Texas proposed to repeal the existing

language in this section and to replace

it with new language to conform with

amended Federal regulations at 30 CFR

874.13.

7. Section 12.805 Utilities and Other

Facilities

Texas proposed to add new § 12.805,

Utilities and Other Facilities, to conform

with amended Federal regulations at 30

CFR 874.14. This new section pertains

to the adverse effect of mining processes

on water supplies occurring both before

and after August 3, 1977, and the

enhancement of facilities or utilities

under this section.

8. Section 12.806 Limited Liability

Texas proposed to add new § 12.806,

Limited Liability, to conform with

amended Federal regulations at 30 CFR

874.15. This new section pertains to the

limited liability the State has when

performing reclamation activities

according to approved abandoned mine

reclamation plans.

9. Section 12.807 Contractor

Responsibility

Texas proposed to add new § 12.807,

Contractor Responsibility, to conform

with amended Federal regulations at 30

CFR 874.16. This new section pertains

to requirements necessary for a

contractor to be a successful bidder for

an AML contract.

10. Section 12.808 Eligible Non-coal

Lands and Water

Texas proposed to add new § 12.808,

Eligible Non-coal Lands and Water, to

clearly define non-coal eligibility in

conformance with amended Federal

regulations at 30 CFR 875.14. This new

section pertains to the criteria that noncoal lands, waters, and facilities should

meet in order to be eligible for AML

reclamation funds.

11. Section 12.809 Reclamation

Priorities for Non-coal Program

Texas proposed to add new § 12.809,

Reclamation Priorities for Non-coal

Program, to clearly define non-coal

reclamation priorities in conformance

with amended Federal regulations at 30

CFR 875.15. This new section pertains

to reclamation projects involving the

restoration of lands and water adversely

affected by past mineral mining;

projects involving the protection, repair,

replacement, construction, or

enhancement of utilities; and the

construction of public facilities in

communities impacted by coal or other

mineral mining and processing

practices.

12. Section 12.810 Exclusion of Certain

Non-coal Reclamation Sites

Texas proposed to add new § 12.810,

Exclusion of Certain Non-coal

Reclamation Sites, to clearly define the

ineligibility of certain non-coal sites that

are eligible for remediation under other

Federal programs in conformance with

amended Federal regulations at 30 CFR

875.16. This new section pertains to the

sites and areas that monies from the

Texas abandoned mine reclamation

fund cannot be used for.

13. Section 12.811 Land Acquisition

Authority—Non-coal

Texas proposed to add new § 12.811,

Land Acquisition Authority—Non-coal,

to conform with amended Federal

regulations at 30 CFR 875.17. This new

section states that the requirements

specified in §§ 12.814 through 12.820

shall apply to the Commission’s noncoal program except that, for purposes

of this section, the references to coal

shall not apply. In lieu of the term coal,

the word non-coal should be used.

14. Section 12.812 Lien Requirements

Texas proposed to add new § 12.812,

Lien Requirements, to comply with

amended Federal regulations at 30 CFR

875.18. This new section states that the

requirements found in § 12.821 shall

apply to the Commission’s non-coal

reclamation program under § 12.808

except that for purposes of this section,

the references to coal shall not apply. In

lieu of the term coal, the word non-coal

should be used.

15. Section 12.813 Written Consent for

Entry

Texas proposes to add new § 12.813,

Written Consent for Entry, to conform

with amended Federal Regulations at 30

CFR 877.11. This new section reads as

follows:

Written consent from the owner of record

and lessee, or their authorized agents, is the

preferred means for obtaining agreements to

enter lands in order to carry out reclamation

activities. Nonconsensual entry by exercise of

the police power will be undertaken only

after reasonable efforts have been made to

obtain written consent.

16. Section 12.814 Entry and Consent

To Reclaim

Texas proposed to add new

§ 12.814(a) to conform with amended

Federal regulations at 30 CFR 877.13

and new § 12.814(b) to conform with

Texas Natural Resources Code

§ 134.143. This new section pertains to

who may enter upon land, with the

owner’s consent, to perform reclamation

activities or to conduct studies or

exploratory work in order to determine

the existence of the adverse effects of

past coal mining.

17. Section 12.815 Entry for Emergency

Reclamation

Texas proposed to add new § 12.815,

Entry for Emergency Reclamation, to

conform with Texas Natural Resources

Code § 134.152 (b) and (c). This new

section gives the commission authority

to enter land where an emergency exists

and other land necessary to have access

to that land.

18. Section 12.816 Land Eligible for

Acquisition

Texas proposed to add new § 12.816,

Land Eligible for Acquisition, to

conform with Texas Natural Resources

Code § 134.145. This new section allows

the state to acquire land that is

adversely affected by past coal mining

practices by purchase, donation or

condemnation if certain conditions

exist.

19. Section 12.817 Procedures for

Acquisition

Texas proposed to add new § 12.817,

Procedures for Acquisition, to conform

with amended Federal regulations at 30

CFR 879.12. This new section sets forth

the procedures that the State must

follow when acquiring land.

20. Section 12.818 Acceptance of Gifts

of Land

Texas proposed to add this new

section regarding the Commission’s
Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Proposed Rules 67595

acceptance of gifts of land. The

proposed change would require that the

deed of conveyance state that it is made

as a gift under the Texas Surface Coal

Mining and Reclamation Act.

21. Section 12.819 Management of

Acquired Land

Texas proposed to add this new

section to conform with amended

Federal regulations at 30 CFR 879.14.

The new section reads as follows:

Land acquired under this title may be used

for any lawful purpose that is consistent with

the necessary reclamation activities.

Procedures for collection of user charges or

the waiver of such charges by the

Commission shall provide that all user fees

collected shall be deposited in the Texas

Abandoned Mine Reclamation Fund.

22. Section 21.820 Disposition of

Reclaimed Lands

Texas proposed to add this new

section to conform with Texas Natural

Resources Code, §§ 134.148 and 134.149

(Sale of Acquired Land and Hearing on

Sale, respectively). This section pertains

to the conditions under which the State

may sell land that it has acquired under

§ 12.816 and the disposition of the

monies received from these sells.

23. Section 12.821 Liens

Texas proposed to add new § 12.821

(a) through (c) to conform with Texas

Natural Resources Code, § 134.150

(Liens). This addition pertains to when

liens may or may not be placed on lands

the State reclaims and the procedures to

follow when placing liens.

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 approval criteria of 30 CFR

884.14. If the amendment is deemed

adequate, it will become part of the

Texas plan.

Written Comments

Written comments should be specific,

pertain only to the issue 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 Tulsa 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 INFORMAITON

CONTACT by 4:00 P.M., c.s.t. on January

13, 1998. The location and time of the

hearing will be arranged with those

persons requesting the hearing. If no one

requests an opportunity to speak at the

public hearing, the hearing will not be

held.

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. 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.

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.

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 Parts 884 and 888.

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 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.

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

OSM has determined and certifies

pursuant to the Unfunded Mandates

Reform Act (2 U.S.C. 1502 et seq.) that

this rule will not impose a cost of $100

million or more in any given year on

local, state, or tribal governments or

private entities.

List of Subjects in 30 CFR Part 943

Abandoned mine land reclamation,

Intergovernmental relations, Surface

mining, Underground mining.
67596 Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Proposed Rules

Dated: December 18, 1997.

Charles E. Sandberg,

Acting Regional Director, Mid-Continent

Regional Coordinating Center.

[FR Doc. 97–33662 Filed 12–24–97; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 943

[SPATS No. TX–036–FOR]

Texas Regulatory Program and

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 Texas

regulatory program and abandoned

mine land reclamation plan (hereinafter

the ‘‘Texas program’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). The proposed

amendment consists of revisions to

Texas’ statutes pertaining to small

operator assistance, definitions,

exemptions, applicability to

governmental units, coal exploration

operations, prohibition on surface and

coal mining, notices of violation,

improvidently issued permits,

performance standards, eligibility of

land and water, and cessation orders.

The amendment is intended to revise

the Texas program to be consistent with

SMCRA.

This document sets forth the times

and locations that the Texas program

and proposed amendment to that

program are available for public

inspection, the comment period during

which interested persons may submit

written comments on the proposed

amendment, and the procedures that

will be followed regarding the public

hearing, if one is requested.

DATES: Written comments must be

received by 4:00 p.m., c.s.t., January 28,

1998. If requested, a public hearing on

the proposed amendment will be held

on January 28, 1998. Requests to speak

at the hearing must be received by 4:00

p.m., c.s.t. on January 13, 1998.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to Michael

C. Wolfrom, Director, Tulsa Field Office,

at the address listed below.

Copies of Texas program 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 address 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 Tulsa Field Office.

Michael C. Wolfrom, Director, Tulsa

Field Office, Office of Surface Mining

Reclamation and Enforcement, 5100

East Skelly Drive, Suite 470, Tulsa,

Oklahoma 74135–6547, Telephone:

(918) 581–6430.

Surface Mining and Reclamation

Division, Railroad Commission of

Texas, 1701 North Congress Avenue,

P.O. Box 12967, Austin, Texas 78711–

2967, Telephone: (512) 463–6900.

FOR FURTHER INFORMATION CONTACT:

Michael C. Wolfrom, Director, Tulsa

Field Office, Telephone: (918) 581–

6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Texas Program

On February 16, 1980, the Secretary of

the Interior conditionally approved the

Texas regulatory program. General

background information on the Texas

program, including the Secretary’s

findings, the disposition of comments,

and the conditions of approval can be

found in February 27, 1980, Federal

Register (45 FR 12998). Subsequent

actions concerning the Texas program

can be found at 30 CFR 943.10, 943.15,

and 943.16.

On June 23, 1980, the Secretary of the

Interior approved the Texas abandoned

mine land reclamation plan.

Background information on the Texas

plan, including the Secretary’s findings,

the disposition of comments, and the

approval of the plan can be found in the

June 23, 1980, Federal Register (45 FR

41937). Subsequent actions concerning

the Texas plan and amendments to the

plan can be found at 30 CFR 943.25.

II. Description of the Proposed

Amendment

By letter dated December 1, 1997

(Administrative Record No. TX–643),

Texas submitted a proposed amendment

to its program pursuant to SMCRA.

Texas submitted the proposed

amendment at its own initiative. Texas

proposes to amend the Texas Surface

Coal Mining and Reclamation Act

(TSCMRA) to reflect changes resulting

from the passage of Senate Bills (SB)

636 and 898 by the 75th Texas

Legislature. The full text of the

proposed program amendment

submitted by Texas is available for

public inspection at the locations listed

above under ADDRESSES. A discussion of

the proposed amendment is presented

below.

1. TSCMR § 134.004 Definitions (SB

898)

Texas added the following definition

for the term ‘‘applicant’’ at section

134.004(3) and renumbered the existing

definitions to reflect this addition:

Applicant means a person or other legal

entity seeking a permit from the commission

to conduct surface coal mining activities or

underground mining activities under this

chapter.

2. TSCMRA § 134.005 Exemptions (SB

898)

Section 134.005(a) was amended by

removing the exemption for extraction

of coal for commercial purposes if the

surface mining operation affects two

acres or less at paragraph (2). Paragraph

(3) was renumbered (2) to reflect this

deletion.

3. TSCMRA § 134.008 Applicability to

Governmental Units (SB 898)

The following provision was added at

section 134.008 to authorize regulation

of governmental units who engage in

surface coal mining operations:

An agency, unit, or instrumentality of

federal, state, or local government, including

a publicly owned utility or publicly owned

corporation of federal, state, or local

government, that proposes to engage in

surface coal mining operations that are

subject to this chapter shall comply with this

chapter.

4. TSCMRA § 134.014 Coal

Exploration Operations (SB 898)

Section 134.014 was amended by

adding the following new provision at

subsection (b) and changing existing

subsection (b) to (c).

A person who conducts coal exploration

operations that substantially disturb the

natural land surface in violation of this

section or rule adopted under this section is

subject to Sections 134.174 through 134.181.

5. TSCMRA § 134.022 Prohibitions on

Surface Coal Mining in Certain Areas

(SB 898)

Section 134.022(c) was amended by

changing the date relating to valid

existing rights from May 9, 1979, to

August 3, 1977.

6. TSCMRA § 134.056 Small Mine

Exemption (SB 636)

At section 134.056(2), Texas increased

the amount of probable total annual

production allowed for surface coal

mining operators under its small