[Federal Register Volume 62, Number 248 (Monday, December 29, 1997)]
[Proposed Rules]
[Pages 67592-67596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33662]


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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.


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

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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 Sec. 12,805, 
Utilities and Other Facilities.

b. Section 12.806 Consent to Entry; Sec. 12.807 Entry for Studies or 
Exploration; and Sec. 12.808 Entry and Consent to Reclaim

    Texas proposed to repeal Secs. 12.806, 12.807, and 12,808 and to 
consolidate these sections and re-adopt them with revisions and 
additions as new Sec. 12.813, Written Consent for Entry and 
Sec. 12.814, Entry and Consent to Reclaim.

c. Section 12.809 Land Eligible for Acquisition

    Texas proposed to repeal Sec. 12.809 and to adopt with revised 
language as new Sec. 12.816, Land Eligible for Acquisition, in 
conformance with Texas Natural Resources Code, Sec. 134.145.

d. Section 12.810 Procedures for Acquisition

    Texas proposed to repeal Sec. 12.810 and to add new Sec. 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 Sec. 12.811 and to add new Sec. 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 Sec. 12.812 and to add new Sec. 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 Sec. 12.813 and to add new Sec. 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 Sec. 12.814 and to add new Sec. 12.814, 
Entry and Consent to Reclaim.

i. Section 12.815 Appraisals

    Texas proposed to repeal Sec. 12.815 and to add new Sec. 12.815, 
Entry for Emergency Reclamation.

j. Section 12.816 Liens

    Texas proposed to repeal Sec. 12.816 and to add new Sec. 12.820, 
Liens.

k. Section 12.817 Satisfaction of Liens

    Texas proposed to repeal Sec. 12.817 and to add new Sec. 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

[[Page 67594]]

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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 non-coal 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 Sec. 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 Sec. 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 Sec. 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 Secs. 12.814 
through 12.820 shall apply to the Commission's non-coal 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 Sec. 12.812, Lien Requirements, to comply 
with amended Federal regulations at 30 CFR 875.18. This new section 
states that the requirements found in Sec. 12.821 shall apply to the 
Commission's non-coal reclamation program under Sec. 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 Sec. 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 Sec. 12.814(a) to conform with amended 
Federal regulations at 30 CFR 877.13 and new Sec. 12.814(b) to conform 
with Texas Natural Resources Code Sec. 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 Sec. 12.815, Entry for Emergency 
Reclamation, to conform with Texas Natural Resources Code Sec. 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 Sec. 12.816, Land Eligible for 
Acquisition, to conform with Texas Natural Resources Code Sec. 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 Sec. 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

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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, Secs. 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 Sec. 12.816 and the disposition of the monies received from these 
sells.

23. Section 12.821 Liens

    Texas proposed to add new Sec. 12.821 (a) through (c) to conform 
with Texas Natural Resources Code, Sec. 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.


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    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