[Federal Register Volume 65, Number 185 (Friday, September 22, 2000)]
[Notices]
[Pages 57374-57375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24376]


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

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement


Proposed Rock Springs Stormwater Channel Improvements Project in 
Wyoming

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

ACTION: Notice of application for grant funding; public comment period 
on request to fund the Rock Springs Stormwater Channel improvements 
project.

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

SUMMARY: OSM is announcing its receipt of a grant application from the 
Wyoming Department of Environmental Quality, Abandoned Mine Land 
Division (AMLD). Wyoming is requesting $189,333 from the Abandoned Mine 
Reclamation Fund to pay approximately 50 percent of the cost of 
building the Rock Springs Stormwater Improvement project in Sweetwater 
County, Wyoming. In its application, the State proposes paying for part 
of the reconstruction cost as a public facility project that will 
benefit a community impacted by coal and mineral mining activities.
    This notice describes when and where the Wyoming abandoned mine 
land (AML) program and the grant application for funding the Rock 
Springs Stormwater Channel Improvement project are available for you to 
read. It also sets the time period during which you may send written 
comments on the request to us.

DATES: We will accept written comments until 4 p.m., m.s.t. October 23, 
2000.

ADDRESSES: You should mail or hand-deliver written comments to Guy v. 
Padgett, Casper Field Office Director, at the address shown below. You 
may read Wyoming's grant application for this proposed project during 
normal business hours Monday through Friday (excluding holidays) at the 
same address. Also, we will send one free copy of the grant application 
to you if you contact OSM's Casper Field Office. Guy V. Padgett, 
Director, Casper Field Office, Office of Surface Mining Reclamation and 
Enforcement, Federal Building, Rm. 2403, 100 East ``B'' Street, Casper, 
Wyoming 82601-1918.

FOR FURTHER INFORMATION CONTACT: Guy V. Padgett, Telephone: (307) 261-
6555.
    Our practice is to make comments, including names and home 
addresses of respondents, available for public review during regular 
business hours. Individual respondents may request that we withhold 
their home address from the administrative record, which we will honor 
to the extent allowable by law. There also may be circumstances in 
which we would withhold from the administrative record a respondent's 
identify, as allowable by law. If you wish us to withhold your name 
and/or address, you must state this prominently at the beginning of 
your comment. However, we will not consider anonymous comments. We will 
make all submissions from organizations or businesses, and from 
individuals identifying themselves as representative or officials of 
organizations or businesses, available for public inspection in their 
entirety.

SUPPLEMENTARY INFORMATION:

I. Background on Title IV of SMCRA

    Title IV of the Surface Mining Control and Reclamation Act (SMCRA) 
established an Abandoned Mine Land Reclamation (AMLR) program. The 
purpose of the AMLR program is to reclaim and restore lands and waters 
that were adversely affected by past mining. The program is funded by a 
reclamation fee paid by active coal mining operations. Lands and waters 
eligible for reclamation under Title IV are primarily those that were 
mined, or affected by mining, and abandoned or inadequately reclaimed 
before August 3, 1977, and for which there is no continuing reclamation 
responsibility under State, Federal, or other laws .
    Title IV of SMCRA allows States to submit AMLR plans to us. We, on 
behalf of the Secretary, review those plans and consider any public 
comments we receive about them. If we determine that a State has the 
ability and necessary legislation to operate an AMLR program, the 
Secretary can approve it. The Secretary's approval gives a State 
exclusive authority to put its AMLR plan into effect.
    Once the Secretary approves a State's AMLR plan, the State may 
annually apply to us for money to fund specific projects that will 
achieve the goals of its approved plan. We follow the requirements of 
the Federal regulations at 30 CFR Parts 874, 875, and 886 when we 
review and approve such applications.

II. Background on the Wyoming AMLR Plan

    The Secretary of the Interior approved Wyoming's AMLR plan on 
February 14, 1983. You can find background information on the Wyoming 
AML program, including the Secretary's findings and our responses to 
comments, in the February 14, 1983, Federal Register (48 FR 6536). 
Wyoming changed its plan a number of times since the Secretary first 
approved it. In 1984, we accepted the State's certification that it 
addressed all known coal-related impacts in Wyoming that were eligible 
for funding under its program. As a result, the State may now reclaim 
low priority non-coal reclamation projects. You can read about the 
certification and OSM's acceptance in the May 25, 1984, Federal 
Register (49 FR 22139). At the same time, we also accepted Wyoming's 
proposal that it will ask us for funds to reclaim any additional coal-
related problems that occur during the life of the Wyoming AML program 
as soon as it becomes aware of them. In the April 13, 1992, Federal 
Register (57 FR 12731), we announced our decision to accept other 
changes in Wyoming's plan that describe how it will rank eligible coal, 
non-coal, and facility projects for funding. Those changes also 
authorized the Governor of Wyoming to elevate the

[[Page 57375]]

priority of a project based upon the Governor's determination of need 
and urgency. They also expanded the State's ability to construct public 
facilities under section 411 of SMCRA. We approved additional changes 
in Wyoming's plan concerning noncoal lien authority and contractor 
eligibility that improve the efficiency of the State's AML program. 
That approval is described in the February 21, 1996, Federal Register 
(61 FR 6537).
    Once a State certifies that it has addressed all remaining 
abandoned coal mine problems, and the Secretary concerns, then it may 
request funds to undertake abandoned noncoal mine reclamation, 
community impact assistance, and public facilities projects under 
sections 411(b), (e), and (f), of SMCRA.
    State law and regulations that apply to the proposed Rock Springs 
Stormwater Channel Improvement project funding request include Wyoming 
Statute 35-11-1202 and Wyoming Abandoned Mine Land Regulations, Chapter 
VII, of the Wyoming Abandoned Mine Program.

III. Wyoming's Request to Fund Part of the Cost of the Rock Springs 
Stormwater Channel Improvement Project

    The Wyoming Department of Environmental Quality submitted to us a 
grant application requesting new funding for the FY2002 consolidated 
grant. In that application, Wyoming asked for $189,333 that it will use 
to pay for part of the cost of building the Rock Springs Stormwater 
Channel Improvement project. This project is a public facility in a 
community impacted by coal and mineral mining activities. The requested 
funding is 50 percent of the project's total cost. Money for the 
balance of the project cost will come from the Town of Rock Springs (50 
percent). The Governor of Wyoming certified the need and urgency to 
fund the Rock Springs Stormwater Channel Improvement project prior to 
completing the State's remaining inventory of non-coal reclamation, as 
allowed by section 411(f) of SMCRA. That certification says the project 
is in a community impacted by coal and mineral mining activities. The 
project consists of the second phase of a stormwater drainage project 
designed to mitigate the flood potential in two residential areas and 
one commercial area in Rock Springs. This project will reduce the risk 
associated with the potential for flooding that may cause property 
damage or may result in loss of life.
    The Governor's certification states that the project meets the 
requirements for his certification under the authority of Wyoming 
Statute W.S. 35-11-1202(c) and the AML Regulations, Chapter VII, 
Section 6(c).

IV. How We Will Review Wyoming's Grant Application

    We will review this grant application with respect to the 
regulations at 30 CFR 875.15, specifically subsections 875.15(e)(1) 
through (7). As stated in those regulations, the application must 
include the following information: (1) The need or urgency for the 
activity or the construction of the public facility; (2) the expected 
impact the project will have on Wyoming's coal or minerals industry; 
(3) the availability of funding from other sources and, if other 
funding is provided, its percentage of the total costs involved; (4) 
documentation from other local, State, and Federal agencies with 
oversight for such utilities or facilities describing what funding they 
have available and why their agency is not fully funding this specific 
project; (5) the impact on the State, the public, and the minerals 
industry if the facility is not funded; (6) the reason why this project 
should be selected before a priority project relating to the protection 
of the public health and safety or the environment from the damages 
caused by past mining activities, and (7) an analysis and review of the 
procedures Wyoming used to notify and involve the public in this 
funding request, and a copy of all comments received and their 
resolution by the State. Wyoming's application for the Rock Springs 
Stormwater Channel Improvement project contains the information 
described in these seven subsections.
    Section 875.15(f) requires us to evaluate all comments we receive 
and determine whether the funding meets the requirements of sections 
875.15(e)(1) through (7) described above. It also requires us to 
determine if the request is in the best interests of the State's AML 
program. We will approve Wyoming's request to fund this project if we 
conclude that it meets all the requirements of 30 CFR 875.15.

V. What to Do if You Want to Comment on the Proposed Project

    We are asking for public comments on Wyoming's request for funds to 
pay for part of the cost of completing the Rock Springs Stormwater 
Channel Improvement project. You are welcome to comment on the project. 
If you do, please send us written comments. Make sure your comments are 
specific and pertain to Wyoming's funding request in the context of the 
regulations at 30 CFR 875.15 and the provisions of section 411 of 
SMCRA. You should explain any recommendations you make. If we receive 
your comments after the time shown under DATES or at locations other 
than the Casper Field Office, we will not necessarily consider them in 
our final decision or include them in the administrative record.

    Dated: September 12, 2000.
Guy Padgett,
Director, Casper Field Office.
[FR Doc. 00-24376 Filed 9-21-00; 8:45 am]
BILLING CODE 4310-05-M