[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Rules and Regulations]
[Pages 28996-29001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13434]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 901

[SATS No. AL-080-FOR; Docket ID: OSM-2016-0011; S1D1S SS08011000 
SX064A000 189S180110; S2D2S SS08011000 SX064A000 18XS501520]


Alabama Abandoned Mine Land Reclamation 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

[[Page 28997]]

(OSMRE), are approving an amendment to the Alabama Abandoned Mine Land 
Reclamation (AMLR) Plan (hereinafter, the Plan) under the Surface 
Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Alabama 
proposed updates to their Plan with changes required by the 2006 
Amendments to SMCRA.

DATES: The effective date is July 23, 2018.

FOR FURTHER INFORMATION CONTACT: William L. Joseph, Acting Director, 
Birmingham Field Office, Office of Surface Mining Reclamation and 
Enforcement, 135 Gemini Circle, Suite 215, Homewood, Alabama 35209. 
Telephone: (205) 290-7282. Email: <a href="/cdn-cgi/l/email-protection#e5878f8a9680958da58a96889780cb828a93"><span class="__cf_email__" data-cfemail="f5979f9a8690859db59a86988790db929a83">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 
I. Background on the Alabama Plan
II. Submission of the Amendment
III. OSMRE's Findings
IV. Summary and Disposition of Comments
V. OSMRE's Decision
VI. Procedural Determinations

I. Background on the Alabama Plan

    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 for other 
authorized activities. Section 405 of the Act allows States and Indian 
tribes to assume exclusive responsibility for reclamation activity 
within the State or on Indian lands if they develop and submit to the 
Secretary of the Interior for approval, a program (often referred to as 
a plan) for the reclamation of abandoned coal mines. Background 
information on the Alabama Plan, including the Secretary's findings, 
the disposition of comments, and the approval of the Plan, is found in 
the May 20, 1982, Federal Register (47 FR 22057). Later actions 
concerning the Alabama Plan and amendments to the Plan, are found at 30 
CFR 901.20 and 901.25.

II. Submission of the Amendment

    By letter dated June 7, 2016 (Administrative Record No. AL-0670), 
Alabama sent OSMRE an amendment to its Plan under SMCRA (30 U.S.C. 1201 
et seq.) at its own initiative.
    We announced receipt of the proposed amendment in the April 7, 
2017, Federal Register (82 FR 16975). 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 no one requested one. The public 
comment period ended on May 8, 2017. We did not receive any public 
comments.
    During OSMRE's review, several minor deficiencies were noted, 
including section numbering inconsistencies and the lien language in 
the ``Reclamation of Private Land'' section. By letter dated July 17, 
2017 (Administrative Record No. AL-0670-02), OSMRE requested that 
Alabama address these minor deficiencies. Because these requested 
changes were minor, Alabama was given the option to either incorporate 
the changes or withdraw the amendment and resubmit the Plan amendment 
at a later date. By letter dated July 28, 2017 (Administrative Record 
No. AL-0670-03), Alabama returned a revised Plan amendment correcting 
the deficiencies and the amendment process resumed.

III. OSMRE's Findings

    We are approving the amendment as described below. The following 
are the findings we made concerning Alabama's amendment under SMCRA and 
the Federal regulations at 30 CFR 884.14 and 884.15. Any revisions that 
we do not specifically discuss below concerning non-substantive wording 
or editorial changes can be found in the full text of the Plan 
amendment available at www.regulations.gov.

Alabama Reclamation Plan

1. Governor's Letter of Designation [30 CFR 884.13(a)(1)]
    Alabama included a 1979 letter from the Governor designating the 
Alabama Department of Industrial Relations, now known as the Alabama 
Department of Labor (ADOL), as the agency responsible for the abandoned 
mine lands reclamation program in the state of Alabama. This letter was 
submitted and approved as part of the original proposed reclamation 
plan and is consistent with the Federal requirements of 30 CFR 
884.13(a)(1). Therefore, we are approving its inclusion.
2. Legal Opinion [30 CFR 884.13(a)(2)]
    Alabama included a 1981 legal opinion from the Attorney General of 
Alabama authorizing the Alabama Department of Industrial Relations, 
under the legal authority of Alabama law, to conduct its reclamation 
program in accordance with the requirements of Title IV of the Act. 
This legal opinion was submitted and approved as part of the original 
proposed reclamation plan and is consistent with the Federal 
requirements of 30 CFR 884.13(a)(2). Therefore, we are approving its 
inclusion.
3. Purpose, Goals and Objectives [30 CFR 884.13(a)(3)(i)]
    Alabama, in section 884.13(a)(3)(i) of the Plan, stated that the 
goal of its AMLR Plan is to amend those adverse effects of past coal 
mining conducted prior to August 3, 1977, which impact public health, 
safety, or general welfare, and cause environmental degradation. The 
stated objectives of the AMLR Plan are to identify and prioritize these 
adverse impacts, provide planning procedures, and affect their ultimate 
reclamation. Alabama also stated that, although the primary purpose of 
the program is the reclamation of coal mine lands, any non-coal AML 
issues will be dealt with in accordance with OSMRE policies. ADOL 
elected to set aside up to the maximum amount allowed by OSMRE of each 
year's allocation of AML funds into a separate fund for the abatement 
of the causes and treatment of the effects of acid mine drainage. These 
funds are used in accordance with all applicable State and Federal 
regulations and are used to achieve the priorities of SMCRA. The 
program purpose, goals, and objectives are consistent with the Federal 
requirements of 30 CFR 884.13(a)(3)(i). Therefore, we are approving 
their inclusion.
4. Project Ranking, Selection and Development Procedures [30 CFR 
884.13(a)(3)(ii)]
    Alabama, in section 884.13(a)(3)(ii) of the Plan, described the 
priority system and the specific criteria for identifying and ranking 
all sites eligible for reclamation under Title IV of the Act. Examples 
of eligible site problems include: Open and unprotected mine entries; 
open shafts; hazardous highwalls and other steep embankments; hazardous 
mine structures; underground mine subsidence; trash dumps on mine 
lands; water bodies adversely affected by coal mine drainage; dangerous 
impoundments; and any other mine related danger. The sites given 
highest priority are those exhibiting extreme danger to public health, 
safety, and property from adverse effects of coal mining practices. The 
sites given the second highest priority are those exhibiting adverse 
effects of coal mining practices that may impact public health and 
safety. The sites given third priority for restoration are those land 
and water resources previously degraded by

[[Page 28998]]

adverse effects of coal mining, including measures for the conservation 
and development of soil, water, woodland, fish and wildlife, 
recreational resources, and agricultural productivity. The three 
priority categories described are consistent with Section 403(a) of 
SMCRA. Alabama also describes ADOL's data acquisition procedures in 
determining site eligibility, which include the review of past mining 
records (available in the OSMRE's Abandoned Mine Land Inventory System 
(e-AMLIS)), site inventories, field investigations, and public input. 
Alabama states that site priority will be determined for all eligible 
sites, regardless of resource recovery potential, and that any resource 
recovery will be undertaken in accordance with Federal rules. Any 
remined sites will remain eligible for AML reclamation. These 
descriptions are consistent with the Federal requirements of 30 CFR 
884.13(a)(3)(ii). Therefore, we are approving their inclusion.
5. Coordination With Other Programs [30 CFR 884.13(a)(3)(iii)]
    Alabama, in section 884.13(a)(3)(iii) of the Plan, described ADOL's 
coordination with other agencies. The ADOL AML Program coordinates with 
other State divisions such as the Alabama Department of Environmental 
Management (ADEM), the State Historic Preservation Office (SHPO), and 
the Alabama Department of Conservation and Natural Resources (ADCNR), 
to review proposed reclamation projects, provide assistance, and offer 
expertise to ensure that reclamation activities restore adversely 
impacted land and water to a productive state while protecting natural 
and historic/cultural resources. ADOL maintains an annual cooperative 
agreement with a non-profit organization, the Walker County Soil and 
Water Conservation District Board (WCB), which funds and oversees a 
reclamation group that performs reclamation and maintenance on AML 
sites and responds to AML emergencies. Historically, several major and 
minor tribes occupied Alabama; however, no tribal reservations were 
historically or are currently located in the areas where AML 
reclamation presently takes place within the Alabama Coal Region. 
Consultations concerning potential cultural resource impacts are 
conducted through the SHPO's Alabama Historical Commission through the 
NEPA review process. Alabama also describes the purpose of its AML 
Emergency Program, which is to stabilize the emergency aspects of an 
AML problem by eliminating the immediate danger to public health, 
safety, or general welfare. The AML Emergency Program is discussed 
further in Section 8, ``Rights of Entry.'' This description of agency 
coordination is consistent with the Federal requirements of 30 CFR 
884.13(a)(3)(iii). Therefore, we are approving its inclusion.
6. Land Acquisition, Management, and Disposal [30 CFR 884.13(a)(3)(iv)]
    Alabama, in section 884.13(a)(3)(iv) of the Plan, stated that ADOL 
may acquire, manage, and dispose of lands that have been adversely 
affected by coal mining activity, if deemed necessary, pursuant to 
Section 407 of SMCRA, 30 U.S.C. 1237, and Code of Alabama Section 9-16-
127. These acquisition, management, and disposition policies and 
procedures are consistent with the Federal requirements of 30 CFR 
884.13(a)(3)(iv). Therefore, we are approving their inclusion.
7. Reclamation of Private Land [30 CFR 884.13(a)(3)(v)]
    Alabama, in section 884.13(a)(3)(v) of the Plan, described its 
policies and procedures for reclamation on private land. Under its 
Plan, the ADOL State Programs Administrator has the authority to place 
or waive a lien against private property if the owner has consented to, 
participated in, or exercised control over the mining operation, and if 
reclamation will result in a significant increase in property value. If 
an initial evaluation suggests an increase in property value of $25,000 
or more, the land appraisal may be conducted by an independent 
appraiser. The Administrator will determine whether to place or waive a 
lien based on both the independent appraisal findings and other 
relevant facts, in accordance with Code of Alabama Section 9-16-129. 
During OSMRE's review, it was noted that this section of the Plan, as 
well as the referenced Alabama state law (Code of Alabama Section 9-16-
129), fails to address the full requirements of 30 CFR 882.13(b) in 
regard to notifying the landowner of the proposed lien and allowing the 
landowner a reasonable time to pay that amount in lieu of filing the 
lien. On July 17, 2017 (Administrative Record No. AL-0670-02), OSMRE 
requested that Alabama add this lien language to its proposed Plan. On 
July 28, 2017, Alabama returned a revised Plan which incorporated the 
additional lien language. These revised policies and procedures are 
consistent with the Federal requirements of 30 CFR 884.13(a)(3)(v) and 
882.13(b). Therefore, we are approving this inclusion.
8. Rights of Entry [30 CFR 884.13(a)(3)(vi)]
    Alabama, in section 884.13(a)(3)(vi) and (iii) of the Plan, stated 
its policies and procedures regarding rights of entry to lands or 
property. Pursuant to Code of Alabama Section 9-16-126, ADOL will take 
all reasonable actions to obtain advance written consent from the 
property owner for the purposes of reclamation. In the event that 
permission cannot be obtained on properties where reclamation is needed 
and there is an immediate danger to public health, safety, or general 
welfare, police power entry is authorized under the AML Emergency 
Program. If police power entry is necessary, a written notice must be 
mailed to the property owner at least 30 days prior to entry. If the 
property owner's address is not known, the notice must be posted on the 
property and advertised in the newspaper. These policies and procedures 
are consistent with the Federal requirements of 30 CFR 
884.13(a)(3)(vi). Therefore, we are approving their inclusion.
9. Public Participation Policies [30 CFR 884.13(a)(3)(vii)]
    Alabama, in section 884.13(a)(3)(vii) of the Plan, described its 
public participation policies in the development and operation of its 
Plan. The ADOL encourages the public to contact its office with any 
questions or concerns regarding mining related problems or the AML 
program, or to visit the ADOL Inspections Division Abandoned Mine Lands 
Program Office. For future projects, ADOL distributes notifications to 
Federal, State, and local elected officials, and publishes public 
notices to news outlets within the county where the proposed activity 
is located. If sufficient public response is received, a public meeting 
may be scheduled to provide information on proposed activities and 
address the concerns of the citizens. Additional public involvement in 
the preparation of any revisions or amendments to the AML Plan will be 
coordinated and executed by OSMRE during the public comment and review 
period. These policies and procedures are consistent with the Federal 
requirements of 30 CFR 884.13(a)(3)(vii). Therefore, we are approving 
their inclusion.
10. Organization of the Designated Agency [30 CFR 884.13(a)(4)(i)]
    Alabama, in section 884.13(a)(4)(i) of the Plan, described the 
organization of ADOL and its relationship to other State organizations 
that may become involved in its reclamation program. ADOL also

[[Page 28999]]

attached an updated organizational chart. The Inspections Division of 
ADOL reports to the Commissioner, via the State Programs Administrator. 
The Commissioner for ADOL reports directly to the Governor. The ADOL 
AML Program also coordinates with other State divisions such as the 
ADEM, SHPO, and the ADCNR to review proposed reclamation projects, 
provide assistance, and offer expertise to ensure that reclamation 
activities restore adversely impacted land and water to a productive 
state while protecting natural and historic/cultural resources. This 
description of agency organization is consistent with the Federal 
requirements of 30 CFR 884.13(a)(4)(i). Therefore, we are approving its 
inclusion.
11. Personnel Staffing Policies [30 CFR 884.13(a)(4)(ii)]
    Alabama, in section 884.13(a)(4)(ii) of the Plan, described the 
personnel staffing policies that will govern the assignment of 
personnel to its reclamation program. The program's staff is selected 
on the basis of applicable academic and professional experience. ADOL 
will be responsible for complying with all pertinent Federal and State 
laws. This description of agency personnel policies is consistent with 
the Federal requirements of 30 CFR 884.13(a)(4)(ii). Therefore, we are 
approving its inclusion.
12. Purchasing and Procurement [30 CFR 884.13(a)(4)(iii)]
    Alabama, in section 884.13(a)(4)(iii) of the Plan, stated that the 
purchasing and procurement systems used by ADOL will be in accordance 
with the requirements of Office of Management and Budget (OMB) Circular 
A-102, Attachment 0. Purchasing and procurement program staff is 
trained in all applicable State and Federal regulations and larger 
transactions are reviewed, if necessary, by the Alabama Department of 
Finance, the State Attorney General, the Alabama Department of 
Examiners of Public Accounts, and the State Auditor. Alabama also 
described its AML Applicant/Violator System (AVS), which ensures that 
no company owners, directors, or major shareholders bidding on AML 
Federally funded projects have any Federal coal mining violations or 
state cessation orders that would render them ineligible. Emergency 
program contractors are also required to meet AVS clearance 
requirements, unless an overriding need to proceed is determined. These 
systems are consistent with the Federal requirements of 30 CFR 
884.13(a)(4)(iii). Therefore, we are approving their inclusion.
13. Accounting [30 CFR 884.13(a)(4)(iv)]
    Alabama, in section 884.13(a)(4)(iv) of the Plan, described the 
ADOL's accounting system, including procedures for the operation of the 
State Abandoned Mine Reclamation Fund. The ADOL Finance Division is 
responsible for the proper accounting of Federal draws, income, and 
expenses, including the maintenance of records for annual audits 
conducted by the Alabama Department of Examiners of Public Accounts. 
AML projects, including administrative, operational, and construction 
costs, are grant-funded and detailed financial records are maintained 
for auditing purposes, in accordance with 30 CFR part 886 and OMB 
Circular A-102, Attachment 0. This system description is consistent 
with the Federal requirements of 30 CFR 884.13(a)(4)(iv). Therefore, we 
are approving its inclusion.
14. Eligible Lands and Waters [30 CFR 884.13(a)(5)] [30 CFR 
884.13(a)(5)(i)]
    Alabama, in section 884.13(a)(5) and (a)(5)(i) of the Plan, 
included a list of documents and data sources offering general 
descriptions of known or suspected eligible lands and waters within the 
State of Alabama which potentially required reclamation at the time of 
publication. Alabama also included a list of counties, in order of 
significance which have either reported coal mining prior to 1978, 
currently have conditions associated with past surface mining 
practices, or currently have physical hazards or environmental 
conditions associated with past underground mining practices. Alabama 
also included a mine map repository showing the general location of 
known or suspected eligible lands and waters within the State which 
require reclamation. These descriptions are consistent with the Federal 
requirements of 30 CFR 884.13(a)(5) and (a)(5)(i). Therefore, we are 
approving their inclusion.
15. Environmental Problems and Reclamation Techniques [30 CFR 
884.13(a)(5)(ii)] [30 CFR 884.13(a)(5)(iii)]
    Alabama, in section 884.13(a)(5) through (a)(5)(iii) of the Plan, 
described the problems occurring on known or suspected lands and waters 
which require reclamation, including a table expressing the percentage 
of total abandoned mine lands affected by each problem or source. 
Examples of such problems include: Open shafts and portals; subsidence; 
highwalls; abandoned structures and equipment; insect or vermin 
vectors; water impoundments; waste banks; mine-related fires; landslide 
and flood hazards; pollution of domestic water supplies; erosion; 
sedimentation; reduced land potential; and aesthetic disamenities. 
Reclamation techniques to restore the site to an environmentally stable 
condition will be based on ADOL's site specific assessments, current 
industry construction standards, and the reclamation cost estimate 
procedures outlined in OSMRE Directive AML-1. These descriptions are 
consistent with the Federal requirements of 30 CFR 884.13(a)(5)(ii) and 
(iii). Therefore, we are approving their inclusion.
16. The Economic Base [30 CFR 884.13(a)(6)(i)]
    Alabama, in section 884.13(a)(6)(i) of the Plan, described the 
economic base for the state's primary coal producing region, including 
population size, market accessibility, economic activities, such as 
agricultural products and manufacturing, and available mining 
resources. This description is consistent with the Federal requirements 
of 30 CFR 884.13(a)(6)(i). Therefore, we are approving its inclusion.
17. Significant Aesthetic, Historic, and Recreational Values [30 CFR 
884.13(a)(6)(ii)]
    Alabama, in section 884.13(a)(6)(ii) of the Plan, described the 
aesthetic, historic, and recreational values of Alabama. Alabama stated 
that, to ensure that all potential impacts of the reclamation process 
are mitigated, ADOL's Planning and Maintenance Branch will consult with 
the SHPO's Alabama Historical Commission. This statement is consistent 
with the Federal requirements of 30 CFR 884.13(a)(6)(ii). Therefore, we 
are approving its inclusion.
18. Flora and Fauna of the Northern One-Half of Alabama [30 CFR 
884.13(a)(6)(iii)]
    Alabama, in section 884.13(a)(6)(iii) of the Plan, stated that, 
during the planning stages of proposed AML reclamation projects, 
evaluations are conducted by the Planning and Maintenance Branch to 
determine the presence of wetlands, endangered species, and other 
environmental concerns. Recommendations are provided to enhance or 
improve wildlife habitat, and to preserve wetlands and other critical 
wildlife habitat during construction. During this process, ADOL 
consults with the U.S. Fish and Wildlife

[[Page 29000]]

Service to determine whether the project will adversely affect any 
Federally-listed threatened or endangered species and to develop 
appropriate mitigation measures and minimize disturbance, if necessary. 
ADOL also coordinates with the ADCNR and reviews the Outdoor Alabama 
Watchable Wildlife database to determine whether any important natural 
features are recorded at or near the proposed reclamation project. 
These descriptions are consistent with the Federal requirements of 30 
CFR 884.13(a)(6)(iii). Therefore, we are approving their inclusion.
19. Locations of Documented Coal Mines in Alabama [30 CFR 
884.13(a)(5)(i)]
    Alabama included a mine map repository showing the general location 
of known or suspected eligible lands and waters within the State which 
require reclamation. This map repository is consistent with the Federal 
requirements of 30 CFR 884.13(a)(5)(i). Therefore, we are approving its 
inclusion.

IV. Summary and Disposition of Comments

Public Comments

    We asked for public comments on the amendment but did not receive 
any.

Federal Agency Comments

    On June 27, 2016, under 30 CFR 884.14(a), we requested comments on 
the amendment from various Federal agencies with an actual or potential 
interest in the Alabama plan (Administrative Record No. AL-0670). We 
did not receive any comments.

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

    Under 30 CFR 884.14(a)(2), we are required to request comments from 
the SHPO and ACHP on amendments that may have an effect on historic 
properties. On June 27, 2016, we requested comments on Alabama's 
amendment (Administrative Record No. AL-0670), but neither the SHPO nor 
ACHP responded to our request.

V. OSMRE's Decision

    Based on the above findings, we approve the revised amendment 
Alabama sent us on July 28, 2017 (Administrative Record No. AL-0670-
03).
    To implement this decision, we are amending the Federal regulations 
at 30 CFR part 901, that codify decisions concerning the Alabama Plan. 
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 the Act 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. Procedural Determinations

Executive Order 12630--Takings

    This rulemaking does not have takings implications. This 
determination is based on the analysis performed for the counterpart 
Federal regulation.

Executive Order 12866--Regulatory Planning and Review

    Pursuant to Office of Management and Budget (OMB) guidance, dated 
October 12, 1993, the approval of state program amendments is exempted 
from OMB review under Executive Order 12866.

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 
reviews 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 AML program 
or to the Plan amendment that the State of Alabama drafted.

Executive Order 13132--Federalism

    This rule is not a ``[p]olicy that [has] Federalism implications'' 
as defined by Section 1(a) of Executive Order 13132 because it does not 
have ``substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government.'' 
Instead, this rule approves an amendment to the Alabama Plan submitted 
and drafted by that State. OSMRE reviewed the submission with 
fundamental federalism principles in mind as set forth in Sections 2 
and 3 of the Executive Order and with the principles of cooperative 
federalism as set forth in SMCRA. See, e.g., 30 U.S.C. 1201(f). As 
such, pursuant to Section 503(a)(1) and (7) (30 U.S.C. 1253(a)(1) and 
(7)), OSMRE reviewed the plan amendment to ensure that it is ``in 
accordance with'' the requirements of SMCRA and ``consistent with'' the 
regulations issued by the Secretary pursuant to SMCRA.

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

    In accordance with Executive Order 13175, we have evaluated the 
potential effects of this rulemaking on Federally-recognized Indian 
tribes and have determined that the rulemaking does not have 
substantial direct effects on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes. The basis for this determination is that 
our decision is on a State AML program and does not involve Federal 
regulations involving Indian lands.

Executive Order 13211--Regulations That Significantly Affect the 
Supply, Distribution, or Use of Energy

    Executive Order 13211 of May 18, 2001, 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 expected to have a significant adverse effect on the 
supply, distribution, or use of energy, a Statement of Energy Effects 
is not required.

National Environmental Policy Act

    This rulemaking does not require an environmental impact statement 
because it falls within a categorical exclusion within the meaning of 
the National Environmental Policy Act (42 U.S.C. 4332(2)(C)). It is 
documented in the DOI Departmental Manual, 516 DM 13.5(B)(29), that 
agency decisions on approval of state reclamation plans for abandoned 
mine lands do not constitute major Federal Actions.

[[Page 29001]]

Paperwork Reduction Act

    This rulemaking does not contain information collection 
requirements that require approval by OMB under the Paperwork Reduction 
Act (44 U.S.C. 3507 et seq.).

Regulatory Flexibility Act

    The Department of the Interior certifies that this rulemaking 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 rulemaking, is based 
upon counterpart Federal regulations for which an economic analysis was 
prepared and certification made that such regulations would not have a 
significant economic effect upon a substantial number of small 
entities. In making the determination as to whether this rulemaking 
would have a significant economic impact, the Department relied upon 
the data and assumptions for the counterpart Federal regulations.

Small Business Regulatory Enforcement Fairness Act

    This rulemaking is not a major rule under 5 U.S.C. 804(2), the 
Small Business Regulatory Enforcement Fairness Act. This rulemaking: 
(a) Does not have an annual effect on the economy of $100 million; (b) 
Will not cause a major increase in costs or prices for consumers, 
individual industries, Federal, State, or local government agencies, or 
geographic regions; and (c) Does not have significant adverse effects 
on competition, employment, investment, productivity, innovation, or 
the ability of U.S.-based enterprises to compete with foreign-based 
enterprises. This determination is based upon the fact that the State 
submittal, which is the subject of this rulemaking, is based upon 
counterpart Federal regulations for which an analysis was prepared and 
a determination made that the Federal regulation was not considered a 
major rulemaking.

Unfunded Mandates

    This rulemaking will not impose an unfunded mandate on State, 
local, or tribal governments or the private sector of $100 million or 
more in any given year. This determination is based upon the fact that 
the State submittal, which is the subject of this rulemaking, is based 
upon counterpart Federal regulations for which an analysis was prepared 
and a determination made that the Federal regulation did not impose an 
unfunded mandate.

List of Subjects in 30 CFR Part 901

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: May 31, 2018.
Paul Ehret,
Acting Regional Director, Mid-Continent Region.

    For the reasons set out in the preamble, 30 CFR part 901 is amended 
as set forth below:

PART 901--ALABAMA

0
1. The authority citation for part 901 continues to read as follows:

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


0
2. Section 901.25 is amended in the table by adding a new entry in 
chronological order by ``Date of final publication'' to read as 
follows:


Sec.  901.25  Approval of Alabama abandoned mine land reclamation plan 
amendments.

* * * * *

------------------------------------------------------------------------
 Original amendment submission    Date of final
             date                  publication      Citation/description
------------------------------------------------------------------------
 
                              * * * * * * *
June 7, 2016..................  June 22, 2018....  Abandoned Mine Land
                                                    Reclamation Plan for
                                                    the State of
                                                    Alabama.
------------------------------------------------------------------------

[FR Doc. 2018-13434 Filed 6-21-18; 8:45 am]
BILLING CODE 4310-05-P


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