Federal Register / Vol. 65, No. 222 / Thursday, November 16, 2000 / Notices 69331

(OSM 140). OSM is requesting a 3-year

term of approval for this information

collection activity.

An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless it displays a currently valid OMB

control number. The OMB control

number for this collection of

information will be placed on the As

required under 5 CFR 1320.8(d), a

Federal Register notice soliciting

comments on these collections of

information was published on August

22, 2000 (65 FR 51021). No comments

were received. This notice provides the

public with an additional 30 days in

which to comment on the following

information collection activity:

Title: Technical Training Program

Non-Federal Nomination Form (OSM

105) and Request for Payment of Travel

and Per Diem Form (OSM 140).

OMB Control Number: 1029–XXXX.

Summary: The information is used to

identify and evaluate the training

courses requested by students to

enhance their job performance, to

calculate the number of classes and

instructors needed to complete OSM’s

technical training mission, and to

estimate costs to the training program.

Bureau Form Numbers: OSM 105,

OSM 140.

Frequency of Collection: Once.

Description of Respondents: State and

Tribal regulatory and reclamation

employees and industry personnel.

Total Annual Responses: 1,600.

Total Annual Burden Hours: 134

hours.

Send comments on the need for the

collection of information for the

performance of the functions of the

agency; the accuracy of Send comments

on the need for the collection of

information for the performance of the

functions of the agency; the accuracy of

the agency’s burden estimates; ways to

enhance the quality, utility and clarity

of the information collection; and ways

to minimize the information collection

burden on respondents, such as use of

automated means of collection of the

information, to the following addresses.

Please refer to the appropriate OMB

control number in all correspondence.

ADDRESSES: Office of Information and

Regulatory Affairs, Office of

Management and Budget, Attention:

Department of Interior Desk Officer, 725

17th Street, NW, Washington, DC 20503.

Also, please send a copy of your

comments to John A. Trelease, Office of

Surface Mining Reclamation and

Enforcement, 1951 Constitution Ave,

NW, Room 210–SIB, Washington, DC

20240, or electronically to

jtreleas@osmre.gov.

Dated: November 8, 2000.

Richard G. Bryson,

Chief, Division of Regulatory Support.

[FR Doc. 00–29298 Filed 11–15–00; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

Abandoned Mine Land Reclamation

Program Guidelines

AGENCY: Office of Surface Mining

Reclamation and Enforcement, Interior.

ACTION: Notice of intent.

SUMMARY: The Office of Surface Mining

Reclamation and Enforcement (OSM)

proposes to amend the Abandoned Mine

Land (AML) Reclamation Program

Guidelines published on December 30,

1996 (61 FR 68777). The proposed

changes will make the guidelines easier

to read and understand. The changes

also incorporate new procedures found

in the AML Enhancement Rule

published February 12, 1999 (64 FR

7482). Comments are requested.

DATES: Written comments: We will

accept written comments on the

proposed changes until 5 p.m., Eastern

time, January 16, 2001.

ADDRESSES: Written comments: You may

submit your comments by mail, or

hand-deliver comments to the Office of

Surface Mining Reclamation and

Enforcement, Administrative Record,

Room 101, 1951 Constitution Avenue

NW, Washington, DC 20240. You may

also submit comments to OSM via the

Internet at: osmrules@osmre.gov.

FOR FURTHER INFORMATION CONTACT: Mr.

Gene Krueger, Chief, Division of

Reclamation Support, Office of Surface

Mining Reclamation and Enforcement,

1951 Constitution Avenue NW,

Washington, DC 20240; Telephone (202)

208–2937. E-mail: gkrueger@osmre.gov.

SUPPLEMENTARY INFORMATION: The AML

Reclamation Program Guidelines give

general guidance to States, Indian tribes,

the U.S. Department of Agriculture, and

OSM in the administration of

reclamation activities. This includes

activities carried out under programs

authorized by Title IV of the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). These guidelines are

considered to be statements of policy

and do not set new legal requirements

or obligations and could change at our

discretion. Section B.5a–d of the

guidelines has been revised to reflect

the new procedures in the AML

Enhancement Rule and the complete

document is set forth below:

AML Reclamation Program Guidelines

for Reclamation Programs and Projects

Contents

A. Definitions

B. Program Considerations

1. Land, Water, or Mineral Rights Required

for Reclamation

a. Consent Requirements and

Responsibility

b. Written Consent Versus Police Power

c. Monitoring and Maintenance

d. Property Acquisition

2. Jurisdictional Responsibilities

a. Reclamation Program Legal

Requirements

b. Environmental Evaluation Requirements

c. Interstate Coordination Requirements

3. Selection Criteria (Nonemergency)

a. Reclamation Site Ranking

b. Reclamation Considerations

c. Reclamation Extent

d. Cooperative Efforts

e. Joint Projects

4. Emergency Projects

a. Authority for Emergency Reclamation

b. Emergency Project Considerations

c. Emergency Project Examples

d. Abatement Procedures

5. Incidental Recovery of Coal in

Conjunction With Reclamation Activities

a. Active Mining Permit Requirements

b. Resource Recovery Potential

c. Substantial Deposits of Incidental Coal

d. Less Than 50 Percent Financing

6. Abandoned Structures and Equipment

a. Investigation and Report

b. Ownership Rights

c. Disposal Revenues or Benefits

7. Borrow and Disposal Areas

a. Site Selection

b. Adverse Impacts

8. Program and Project Evaluation

a. General Evaluation Considerations

b. Evaluation Report

9. Maintenance of Reclamation Work

10. Noncoal Projects

a. Guideline Applicability

b. Priorities Under Section 409

c. Priorities Under Section 411

C. Site Considerations

1. Mine Drainage

a. General Considerations

b. At-Source Control Measures

c. Treatment Measures

d. Coal Refuse Piles and Coal Waste

Embankments

2. Active Slides and Slide-Prone Areas

a. Site Evaluation Factors

b. Remedial Measures

3. Erosion and Sedimentation

a. Erosion and Sediment Control

Considerations

b. Erosion Control Practices

c. Sediment Trapping Practices

4. Vegetation

a. Existing Vegetation Inventory and

Evaluation

b. Vegetative Requirements

5. Toxic Materials

a. Sampling and Analysis Considerations

b. Planning Considerations

69332 Federal Register / Vol. 65, No. 222 / Thursday, November 16, 2000 / Notices

c. Sites Eligible Under Comprehensive

Environmental Response, Compensation,

and Liability Act of 1980 (CERCLA)

6. Hydrologic Balance

a. Planning Considerations

b. Surface-Water Considerations

c. Ground-Water Considerations

7. Public Health and Safety

a. Dump Sites

b. Highwall Danger

c. Mine Openings and Subsidence

d. Radiation Emission

e. Domestic Water Supplies

f. Surface and Underground Mine Fires

g. Hazardous/Explosive Gases

8. Esthetics and Visual Values

a. Visual Degraders

b. Esthetics Problem Solutions

9. Fish and Wildlife Values

a. Project Identification Requirements

b. Determining Fish and Wildlife Values

and Goals

c. Planning Considerations

d. Installing and Maintaining Established

Fish and Wildlife Habitat Values

10. Air Quality

a. Air Quality Standards

b. Coordination Requirements

c. Air Quality Degradation and

Improvements

A. Definitions

1. Abandoned Property

Real and personal property,

associated with past mining activities,

forsaken or deserted by an owner. This

includes real estate, structures, and

equipment.

a. Abandoned Structures—

Abandoned permanent improvements or

fixtures firmly attached to the land and

considered as part of real property.

Abandoned structures include but are

not limited to coal tipples, coal washers,

storage and grading facilities, loading

docks, rail spurs, concrete foundations,

dams, reservoirs, and bridges. Other

items such as crushers, elevators, bins,

loaders, conveyors and similar

equipment are within this definition if

firmly attached to the land.

b. Abandoned Equipment—

Abandoned movable items not attached

to the land. Such items are considered

as personal property and include

equipment and dismantled machinery

not attached to the land and which

could be moved. These items include

but are not limited to shovels, scrapers,

tires, machinery parts, trailers, trucks,

electrical substations on skids, feeders,

and loaders.

c. Disposal—The sale, federal use,

demolition, removal, and the burning

and burial of scrap or other debris

resulting from abandoned structures and

equipment.

2. Act

The Surface Mining Control and

Reclamation Act of 1977 enacted as

Public Law 95–87 (30 U.S.C. 1201 et

seq.), as amended.

3. Administering Agency

The agency responsible for carrying

out a reclamation program or project.

This includes OSM for federal

reclamation projects; United States

Department of Agriculture (USDA),

Natural Resources Conservation Service

(NRCS) for the Rural Abandoned Mine

Program; designated State reclamation

agencies for projects carried out under

an approved State Reclamation Plan;

and Indian tribes for projects carried out

under an approved Indian Reclamation

Plan.

4. Eligible Lands

Land and water which were mined for

coal or which were affected by such

mining, wastebanks, coal processing, or

other coal mining processes and left or

abandoned in either an unreclaimed or

inadequately reclaimed condition prior

to August 3, 1997, and for which there

is no continuing reclamation

responsibility. Provided, however, that

lands and water damaged by coal

mining operations after that date and on

or before November 5, 1990, may also be

eligible for reclamation if they meet the

requirements specified in 30 CFR

874.12(d) and (e). Eligible lands and

water for noncoal reclamation purposes

are those sites that meet the eligibility

requirements specified in Section 409 of

the Act or, following certification of the

completion of all know coal problems,

those in Section 411 of the Act of 30

CFR 875.14. For additional eligibility

requirements for water projects, see 30

CFR 874.14, and for lands affected by

remining operations, see Section 404 of

the Act.

5. Emergency

A sudden dangerous condition or

impairment that constitutes a situation

with a high probability of substantial

physical harm to the health, safety, or

general welfare of people before the

danger can be abated under normal

program procedures.

6. Hydrologic Balance

The relationship between the quality

and quantity of water inflow to water

outflow from an abandoned mine land

site. The relations hip includes water

storage and transfer within hydrologic

units as they now exist or may have

existed.

7. Toxic Materials

Earth materials or wastes resulting

from mining operations which, if acted

upon by air, water, or micro-biological

processes are likely to produce chemical

or physical conditions in soils or water

that are harmful to the animal and plant

lift or water use.

B. Program Considerations

1. Land, Water, or Mineral Rights

Required for Reclamation

a. Consent Requirements and

Responsibility. In addition to the rights

of entry required by 30 CFR part 877,

other consents required by the specific

type of reclamation program should be

secured. In water limited areas

reclamation programs that propose to

restore or alter water quality or quantity

should not be undertaken until the

appropriate water right authorizations

are secured. If the mineral estate is

severed from the surface estate, consents

should be secured from both parties. All

necessary consents should be secured

for a time period sufficient to complete

the reclamation activities. The

administering agency has the

responsibility to make certain that no

reclamation work is carried out without

such authorizations.

b. Written Consent Versus Police

Power. Written consent from the owner

of record and the tenant holding a lease

or his authorized agent should be the

preferred means for securing agreements

to enter lands in order to carry out

reclamation work. Entry by use of police

power is restricted to those reclamation

projects that will protect public health,

safety, and general welfare as authorized

under Sections 407(a), 409(c), and 410

of the Act. They should be undertaken

only after all possibilities of securing

written consents have been exhausted.

c. Monitoring and Maintenance.

Written consent by the landowner

should include considerations for

monitoring and maintenance, including

rights of entry as necessary.

d. Property Acquisition. Acquisition

of property may be undertaken only

under the conditions specified in

Sections 407 and 409 of the Act.

2. Jurisdictional Responsibilities

a. Reclamation Program Legal

Requirements. The administering

agency should make certain of

compliance with all applicable Federal,

State, Tribal, and local laws and

coordination with the appropriate

agencies as necessary.

b. Environmental Evaluation

Requirements. Compliance with the

National Environmental Policy Act of

1969 (NEPA) is mandatory for every

proposed AML reclamation project.

Authorization by the Council on

Environmental Quality (CEQ), at 40 CFR

1506.11, to abate emergency conditions

without preparing an environmental

Federal Register / Vol. 65, No. 222 / Thursday, November 16, 2000 / Notices 69333

document does not relieve us or the

States/Tribes of this responsibility.

(1) OSM and the States are authorized

to act where emergency circumstances

at the site require immediate abatement

action if the environmental document

cannot be completed prior to the

initiation of action. The action taken

must be limited to that necessary to

control the immediate impacts of the

emergency.

(2) Actions which remain to be taken

at the site of an emergency after the

abatement of the immediate impacts

require the preparation of an

environmental document.

c. Interstate Coordination

Requirements. Where reclamation is

proposed that may affect bordering

States or other jurisdictional authorities,

the administering agency should

coordinate planning and

implementation of these projects with

those entities.

3. Selection Criteria (Non-Emergency)

a. Reclamation Site Ranking.

Procedures for selecting non-emergency

sites for reclamation should use

weighing factors to rank the proposed

sites in accordance with priorities set in

Section 403 of the Act. Non-coal sites

must comply with Section 409 or 411 as

appropriate. Negative weights should be

considered for negative impacts

resulting from the proposed project.

Generally, reclamation of lower priority

projects should not begin until all

known higher priority projects have

been completed, are in the process of

being reclaimed, or have been approved

for funding by the Secretary. Lower

priority projects, or contiguous work,

may be undertaken in conjunction with

high priority projects in accordance

with these guidelines.

(1) The administering agency may

give priority consideration to

reclamation projects where:

(a) The landowner(s) consent to

participate in post reclamation

maintenance activities of the area;

(b) Reclamation provides many

benefits to the landowner(s) and where

those benefits have a greater cumulative

value than other projects;

(c) Reclamation provides offsite

public benefits; and/or,

(d) Acid Mine Drainage (AMD) is a

major problem and/or the Appalachian

Clean Streams Initiative (ACSI) can be

used in restoration of streams polluted

with AMD.

b. Reclamation Considerations. The

following items should be considered in

determining whether a non-emergency

site should be reclaimed.

(1) The lands proposed for

reclamation are eligible as defined by

Section 404, 409, or 411 of the Act.

(2) Problems associated with the site

can be abated by using current available

technology or horizon technology with

a high probability of success to prevent

or minimize present or future negative

effects. When necessary to determine

which technology is best suited to a

particular problem area, test plots and/

or field trials are allowed. Such

activities are appropriate and do not

constitute ‘‘research’’ as prohibited by

the Act.

(3) Reclamation can be carried out in

a manner that minimizes maintenance

to achieve a self-sustaining reclamation

solution. Self-sustaining implies

reclamation which is permanent and

stable under the prevailing

environmental and land-use conditions

using current technology. Projects

which require continuous maintenance

and/or operating costs should be

undertaken only if a commitment exists

to bear these indefinite costs.

(4) Reclamation activities can be

planned in a manner that is cost

effective and agreeable with the

proposed post reclamation land use as

intended by the landowner(s).

(5) Reclamation activities and post

reclamation land use is cost effective

and agreeable with surrounding land

uses, complies with local, State, Tribal,

and Federal requirements, and is

acceptable to the community involved.

(6) If the project area is to be remined

or developed in the foreseeable future

and these activities will eliminate the

adverse effects of past mining,

reclamation should only be undertaken

where the offsite adverse impacts from

the affected area are so severe as to

cause significant danger to public health

and safety or to the environment if not

abated before the proposed remining or

development takes place.

c. Reclamation Extent. The amount of

reclamation performed on a site

depends upon the priority, funding

available, and technology available for

reclaiming the site. When it is cost

effective to do so, consideration should

be given to lower priority problems in

the reclamation plan when contracting

for the elimination of a high priority

problem. The original purpose of the

reclamation should be to address the

higher priority problems. Factors that

should be considered in determining the

amount of reclamation to be done at a

site include the following:

(1) The total area of affected land and

water;

(2) Uniformity/diversity of the

problem(s) over the entire site;

(3) Minimum reclamation needed to

restore the site and additional low

priority work needed, if any;

(4) Availability of funds;

(5) Cost effectiveness of the proposed

work;

(6) Proposed post reclamation land

use;

(7) Onsite, offsite and multiple use

benefits;

(8) Post reclamation maintenance

required and landowner participation in

that maintenance;

(9) Accommodating landowner(s)

land use and treatment requests, if

possible without incurring additional

costs above that required for the

minimum reclamation needed; and,

(10) The possibility of remining.

d. Cooperative Efforts. In addition to

the landowner consent requirements

described in Section B. Part 1 of these

guidelines, a maintenance agreement

between the administering agency and

the landowner(s) may be included as

part of the reclamation plan to make

certain the continued success of the

reclamation project. Estimated costs as

well as financial and administrative

responsibilities should be recognized in

any agreement.

e. Joint Projects. Joint undertakings

between the administering agency and

the landowner(s) or other local, State,

Tribal, or Federal agencies are

supported and encouraged.

4. Emergency Projects

a. Authority for Emergency

Reclamation. Authorities and

requirements for rights of entry to carry

out emergency reclamation projects are

contained in Section 410 of the Act.

b. Emergency Project Considerations.

(1) Emergencies are unlike Priority 1

projects by interpretation of the phrases

‘‘sudden danger’’ and ‘‘high probability

of substantial physical harm’’ in the

definition of ‘‘emergency’’ contained in

these guidelines.

(2) Justification for emergency action

must be based on whether immediate

action is crucial to remove the danger of

harm to persons. The time element is

referenced by the phrase ‘‘before the

danger can be abated under normal

program operation procedures.’’ This

means the danger is imminent and time

is not available for normal project

contractual procedures.

(3) A limited amount of nonemergency work may be conducted in

conjunction with emergency abatement

if such work is cost effective in

reclaiming the entire project site.

c. Emergency Project Examples. The

following list shows examples of

sudden situations with a high

probability of causing substantial

69334 Federal Register / Vol. 65, No. 222 / Thursday, November 16, 2000 / Notices

physical harm to the health, safety, and

general welfare of people.

(1) Subsidence suddenly occurring in

or near populated areas or roadways.

(2) Mine water ‘‘blow-outs’’ in or near

highly used public areas.

(3) Landslides caused by movement of

spoil material or mass movement due to

drainage or seepage from abandoned

coal mines threatening to destroy homes

and businesses or block roads and

stream channels.

(4) Actual or potential failure of

unstable coal refuse impoundments,

processing waste banks, or abandoned

sediment control structures caused by

unusual precipitation events

significantly risking downstream

populated areas.

(5) Mine or coal refuse fires that harm

the health or safety of residents in

populated areas.

d. Abatement Procedures.

(1) Reclamation procedures are site

specific and often cannot be determined

until after onsite inspection and

evaluation of the nature of the

emergency, number of people affected,

resources available, and existing time

restrictions.

(2) Emergency reclamation need not

resemble final restoration. The goal of

emergency reclamation is to stabilize

the problem and remove the danger to

the public. Additional reclamation, to

fully reclaim the area, may be carried

out under regular reclamation programs

at a later date. Limited reclamation may

also be performed in connection with

emergency work if cost effective as

noted above at part 4.b.(3).

5. Incidental Recovery of Coal in

Connection With Reclamation Activities

a. Active Mining Permit Requirements.

Coal removed and sold must be

‘‘incidental’’ to the reclamation project,

i.e., physically necessary to remove in

order to address the identified health,

safety, or environmental problem of the

approved AML construction project.

This concept conforms to existing

regulations at 30 CFR 707.5. Coal

extracted beyond that which is

determined to be incidental will be

subject to Title V permitting provisions.

b. Resource recovery potential. AML

construction is considered government

financed construction in accordance

with 30 CFR 707.5. Therefore, whenever

coal is to be recovered incidental to

reclamation, and the government

contribution is less than 50 percent of

the cost of reclamation, it may be sold

and the proceeds kept by the contractor.

c. Substantial deposits of incidental

coal. For sites with substantial deposits

of incidental coal, we expect that AML

contractors will reflect the anticipated

sale of such coal through a lowered

project bid price. The lowered project

bid price would, in turn, reduce the

government’s share of the total cost of

the project. As a result, less public

funding will be required for these sites

to accomplish the same level of AML

reclamation. By reducing the

government’s share of the cost of

reclamation, AML money becomes

available for other AML reclamation

projects that would otherwise not be

funded. The contractor makes a profit,

the government saves money—and most

important of all—additional abandoned

sites that we could not afford to reclaim

in the past are reclaimed.

d. Less than 50 percent financing.

Undertaking AML projects that use less

than 50 percent government-financing

will not be mandatory for States or

Indian Tribes; they may choose not to

participate in this aspect of AML

reclamation. However, State and Tribal

programs that do participate will be

responsible to ensure that the provisions

of this rule are applied appropriately

and not abused.

6. Abandoned Structures and

Equipment

a. Investigation and Report.

(1) The administering agency should

perform an onsite investigation of

abandoned structures or equipment and

encourage the landowner(s) to recover

any salvage value by disposal before the

start of any reclamation project.

(2) Upon completion of the onsite

investigation, a report must be prepared

by the administering agency which

addresses the following:

(a) The type, quantity, age, and

apparent condition of all abandoned

structures or equipment;

(b) The structural soundness, visual

quality, historical significance, effect on

proposed reclamation activities, and

land uses in the area. The structural

soundness of the structure should be

evaluated in relation to public health,

safety, general welfare, and the post

reclamation;

(c) The disposal or retention of the

structures or equipment in accordance

with local, State, Tribal and Federal

laws; and,

(d) The recommended methods to

remove the safety hazards associated

with structures or equipment that are

retained on the reclaimed site.

b. Ownership Rights. Based on the

investigation and report, the

administering agency is responsible for

determining the disposal of the

abandoned structures or equipment and

securing consent to dispose of or change

such structures.

c. Disposal Revenues or Benefits. Any

revenues or benefits received from the

sale or use of abandoned structures or

equipment should be used to offset the

cost of reclamation or deposited to the

Fund pursuant to Section 401(b)(4) of

the Act.

7. Borrow and Disposal Areas

a. Site Selection. The borrow and

disposal areas created by reclamation

activities should be subject to and

conducted in accordance with

applicable local, State, Tribal, or Federal

reclamation requirements. Borrow and

disposal areas should be located on the

site of the reclamation project, if

possible. Offsite borrow and disposal

areas should be used only when no

onsite area is available and it is

necessary to protect the health and

safety of the public. In addition, offsite

areas may be used if they provide an

area more suitable for reclamation and

less prone to constitute a hazard in

itself, produce an improved land use, or

protect the environment.

b. Adverse Impacts. Adverse impacts

of the selected areas should be

minimized by disturbing the smallest

possible area; providing adequate

drainage, dust, and erosion control

measures; protecting historic and

cultural values; protecting visual

esthetics; protecting fish and wildlife

values; protecting the health and the

safety of the community and the public;

and reclaiming the borrow and disposal

area after termination of the project.

8. Program and Project Evaluation

a. General Evaluation Considerations.

Reclamation activities are to be

evaluated on a regular basis to

determine the effectiveness of the

program/project in reclaiming

abandoned lands. The objective is to

identify those abatement control

methodologies that have been effective

over time and those with demonstrated

deficiencies that need to be improved or

changed. Project evaluation measures

the success or failure of the applied

techniques while program evaluation

determines the effectiveness of the

overall program, including regulations

and policies. Evaluation efforts include,

but are not limited to, recording

accomplishments, making onsite

reviews before, during, and after

reclamation, and analyzing fund

management.

b. Evaluation Report. The

administering agency will prepare a

report on its findings and

recommendations. Recommendations

should be used to change program

operations on future reclamation

activities so that deficiencies will not

Federal Register / Vol. 65, No. 222 / Thursday, November 16, 2000 / Notices 69335

recur. If requested, the report should be

made available to other agencies in

order to share information and improve

the AML program nationwide.

9. Maintenance of Reclamation Work

a. Reclamation should be done in a

manner to minimize or eliminate

continued maintenance and

maintenance requirements. Long term

maintenance requirements should be

identified during the planning and

design stages. These requirements must

be technically and economically

possible and should be developed in

cooperation with the landowner(s) and/

or appropriate agencies through formal

agreement. Maintenance plans should

include maintenance requirements,

inspection schedules, technical

assistance needed, and funding

requirements.

10. Non-Coal Projects

a. Guideline Applicability. States and

Indian tribes with approved reclamation

plans may undertake non-coal

reclamation projects under the specific

provisions in Section 409 of the Act or

after certification that all coal related

problems have been reclaimed, as

authorized in Section 411 of the Act.

b. Priorities Under Section 409. Noncoal projects to be reclaimed under

Section 409 of the Act must be at the

request of the Governor of the State or

the governing body of an Indian tribe.

They must comply with the priorities

stated in Section 403(a)(1), except the

term ‘‘coal’’ does not apply. The

reclamation must be for the protection

of public health, safety, general welfare,

and property from extreme danger of

negative mining practices.

c. Priorities Under Section 411.

Noncoal projects to be reclaimed under

Section 411 of the Act may not proceed

until the State/Tribe has certified that

all coal problems have been resolved.

Planning and design work for

reclamation of noncoal projects may

commence prior to completion of all

coal projects.

C. Site Considerations

1. Mine Drainage

a. General Considerations. The

reclamation plan should attempt to

minimize or control mine drainage and

include procedures to treat impounded

waters containing toxic materials before

release. At-source control measures are

preferred over long-term treatment

methods to eliminate or minimize

maintenance.

b. At-Source Control Measures.

Controlling or minimizing mine

drainage at its source can be

accomplished by any or all of the

following techniques:

(1) Mine-sealing techniques,

including grout curtains and slurry

trenching. Factors to be considered

when planning to seal mines are the

potential to develop hydrostatic heads,

the accessibility of the area, and the

integrity of the surrounding geologic

formations;

(2) Infiltration control and water

diversion. Factors to be considered

include topography, control of surface

water, effects on ground water, the

control of water passage through

openings, and the storm event design;

and/or,

(3) Daylighting, the surface mining

procedures and excavation processes

used to expose underground mine

works for partial or complete removal of

the remaining mineral underlying the

surface. Factors to be considered

include the depth of overburden,

marketability of the mineral, and safety

measures.

c. Treatment Measures. Secondary

treatment of mine drainage can be

carried out by the addition of

neutralizing agents. Permanent

treatment facilities should be designed

to minimize operation and maintenance

costs and should only be considered if

no other means exists to abate the

problem. Written assurance, from the

landowner or any other interested party,

should be obtained to assure that the

treatment facilities will be maintained

after appropriations for the Abandoned

Mine Land Program cease.

d. Coal Refuse Piles and Coal Waste

Embankments. Methods of reclaiming

land containing coal refuse, coal wastes,

or abandoned workings include, but are

not limited to:

(1) Removing the coal refuse or coal

waste to an environmentally acceptable

site, subject to all appropriate approvals;

(2) Burying the refuse or waste,

diverting water away from or around the

reclaimed area, whenever possible, or

layering the refuse material with clay or

other unpierceable material, when

practical, to prevent water infiltration

and contamination; and,

(3) Treating the refuse pile in place

by:

(a) Diverting water around the coal

refuse and/or waste;

(b) Collecting and conveying drainage

from the refuse pile for safe disposition

(an approved water pollution control

facility should be used if needed to meet

quality standards);

(c) Grading and contouring waste

structures to drain water off the disposal

site;

(d) Covering the refuse with a suitable

thickness of nontoxic or nonacidforming material or treating the refuse

with lime or other material to prevent

acid or other toxic drainage; or

(e) Any combination of the above

treatments.

2. Active Slides and Slide-Prone Areas

a. Site Evaluation Factors. Factors that

should be considered on a case-by-case

basis in the evaluation of slides or slideprone areas include the following:

(1) The topography of the ground

surface as an indication of past

landslide activity and potential

instability. Topographic data collected

should include contour maps at 2 to 5

foot intervals, surface drainage

characteristics, locations of ponded

surface water, and slope profiles;

(2) The geology of the subsurface.

Rock formations and geologic structures

including folds, faults, joints, and shear

zones, should be identified whenever

possible. This information may be

useful in comparing the landslide

potential of various areas;

(3) The soil or spoil material.

Description of the slide-prone material

should include its texture, permeability,

and engineering properties as well as

the related soil-rock ratios;

(4) Ground water sources. Springs and

seeps, dump areas, adits, auger holes,

drill holes, and coal seams should be

identified;

(5) Vegetative cover. Vegetation will

affect the stability of the slide or slideprone area. Deep masses of roots may

provide sufficient reinforcement to

distort the geometry of the slide and

trees with deep tap roots may curtail

severe movement. Vegetative cover

within a landslide area should be

compared to that within the

surrounding area and with that present

at known landslide areas;

(6) Other physical factors. These

include timber coverage or lack of it on

slopes, parent material and volume of

spoil, proximity to other slides, or other

data specific to the slide area which

may be helpful in designing the best

structural specifications for stabilizing

the area; and,

(7) U.S. Geological Survey slide-prone

maps, U.S. Department of Agriculture

soil maps, and other related data.

b. Remedial Measures. Reclamation

and stabilization of slide areas may be

achieved by one or more of the

following methods:

(1) Removing unstable material or by

terracing;

(2) Installing surface and/or

subsurface drainage such as rip-rap

channels, french drains, pumping wells,

etc.;

69336 Federal Register / Vol. 65, No. 222 / Thursday, November 16, 2000 / Notices

(3) Installing support and

reinforcement systems such as retaining

walls, gabions, vertical pilings, etc.; and,

(4) Revegetation.

3. Erosion and Sedimentation

a. Erosion and Sediment Control

Considerations. Erosion and sediment

control measures should be designed in

accordance with Federal, State and local

laws and should do the following:

(1) Minimize erosion from the

reclamation site and adjacent lands,

minimize water pollution from

sediment, acid drainage, and other toxic

materials, and provide conditions

suitable for the planned land use;

(2) Maintain the soil resource within

acceptable soil loss limits. Allowable

sheet and rill erosion rates should be

equal with the soil resulting from

reclamation. Information relative to

allowable soil loss limits may be

obtained from the local Natural

Resource Conservation Service Office;

(3) Expose the least amount of land at

any one time, with the more hazardous

areas exposed for the shortest time and

during the season when extreme rainfall

is least likely to occur;

(4) Complete reclamation activities so

revegetation can take place at the most

advantageous time of year; and,

(5) Control foot and vehicular traffic

and grazing until vegetation is

established.

b. Erosion Control Practices. Well

established vegetation is generally the

most cost-effective means of erosion

control. Other methods may include one

or more of the following, in conjunction

with vegetation, to achieve temporary

and/or permanent erosion control.

(1) Mulches may be used for

temporary erosion control and in some

cases stabilizing agents such as gravel,

stone, and concrete blocks may be used

for permanent protection.

(2) Permanent structural measures

may be used to turn runoff, reduce slope

length, and provide for an effective

runoff disposal system.

(3) Temporary vegetation and/or

structural measures may be needed for

erosion control during reclamation.

Provisions should be made to remove

the temporary control measures and

stabilize the area when they are no

longer needed.

c. Sediment Trapping Practices. When

erosion controls are incapable of

preventing excessive sediment buildup,

either during reclamation or

permanently, the excess sediment

should be controlled to prevent offsite

contamination.

(1) Temporary sediment control

measures such as filter strips, sediment

traps, and sediment basins, should be

stabilized and maintained during their

planned life.

(2) Permanent sediment basins should

be maintained and the sediment

removed when it accumulates to the

design level. The use of permanent

sediment basins should be minimized

because of the continuing maintenance

responsibility.

4. Vegetation

a. Existing Vegetation Inventory and

Evaluation. The administering agency

should complete an inventory and

evaluation of existing vegetation and

site conditions prior to developing the

design and specifications for a project.

The permanent vegetation selected to

cover the reclaimed mine land should

be compatible with the site

characteristics and the intended land

use of the reclaimed and surrounding

land and provide adequate erosion

control.

b. Vegetative Requirements. The

vegetation portion of the project design

and specifications should be developed

considering the requirements itemized

for each of the following cases.

(1) In areas where the present plant

species are inadequate or undesirable

and only a change in vegetation is

needed.

(a) Necessary erosion an sediment

control structures should be installed to

protect the area from excessive erosion

and sedimentation during the vegetation

establishment period. Temporary

vegetation may be used alone or in

combination with a mulch or other

stabilizing agent in accordance with the

needs of the site.

(b) The newly planted area should be

protected from excessive use, especially

livestock grazing, during the

establishment period.

(2) In areas where changes in

topography and vegetation are needed.

(a) Changes in topography should be

made to improve esthetic aspects of the

site, permit establishment of desirable

vegetative cover, and insure

compatibility with the planned land

use.

(b) Temporary vegetation should be

used to protect stockpiles of soil

materials for a short time or to provide

temporary cover until the permanent

vegetation is established.

(3) In areas where the present spoil

material is unsuited for vegetation the

spoil material should be covered or

replaced with material that will support

the desired vegetation. If covering or

replacement costs are prohibitive,

attempts should be made to create a

suitable plant growth medium upon

which vegetation may be established.

(4) In areas where alteration of the site

to support vegetation is impractical,

sediment should be confined to the

immediate area, if feasible. Surface

runoff should be treated to an

acceptable level of quality before

discharging offsite, if necessary.

5. Toxic Materials

a. Sampling and Analysis

Consideration. The administering

agency should sample sites suspected of

containing toxic materials. Chemical

and/or physical analyses may include,

but are not limited to:

(1) pH (paste);

(2) SMP Buffer (tests pH of solution

prior to weathering);

(3) Net acidity or alkalinity, or

potential acidity;

(4) Total sulfur (sulfate and sulfide);

(5) Electrical conductivity (mmhos/

cm);

(6) NKP and USDA texture class when

material is to be used as postreclamation plant growth medium;

(7) Organic matter (quantity and type);

and,

(8) Visual and/or microscopic

identification of potential toxic or acid

forming minerals.

b. Planning Considerations. The

administering agency should consider

the following items in their planning

efforts on projects containing toxic

materials:

(1) Critical toxic limits;

(2) Containment or segregation of

toxic materials using sealed pits or

embankments and/or covering the toxic

materials with compacted clay or some

other suitable material;

(3) Site preparation, including

grading, backfilling, scarification, and

application of appropriate growing

medium, chemical fertilizers, lime

gypsum, mulches, or sludge;

(4) Water management control,

including surface and subsurface

drainage, sediment control, and soluble

toxic elements; and,

(5) Necessary monitoring and required

maintenance, if any.

c. Sites Eligible Under CERCLA.

Abandoned mine land sites containing

acid mine drainage or other toxic

material may be eligible for clean-up

under CERCLA, if included on the

national priority list (NPL). Sites listed

on the NPL are ineligible for AML

funding.

6. Hydrologic Balance

a. Planning Considerations. After

identification of areas needing

restoration of the hydrologic balance,

the administering agency should

consider the following items in their

planning.

Federal Register / Vol. 65, No. 222 / Thursday, November 16, 2000 / Notices 69337

(1) Evaluation of procedures needed

to reduce or eliminate pollution to

receiving surface and subsurface waters,

including technical and economic

constraints.

(2) Potential beneficial and/or

negative effects of proposed restoration

activities on offsite hydrologic systems.

(3) Post reclamation land use of the

site and surrounding area.

b. Surface-Water Considerations.

Restoration of surface drainage should

minimize erosion and maximize

ecological stability. Factors to be

considered include, but are not limited

to:

(1) Type of reconstruction materials to

be used, stream gradient, fish and

wildlife habitat, and compatibility with

adjoining undisturbed surface drainage;

(2) Use of the reclaimed area as a

source of ground-water recharge and the

potential for downstream flooding;

(3) Feasibility of long-term, selfmaintaining erosion control measures to

enhance stream and flood plain

stability; and,

(4) Construction of water

impoundments which do not adversely

affect the restoration of the hydrologic

balance and are in accordance with

applicable local, State, Tribal, or Federal

requirements.

c. Ground-Water Considerations.

Restoration of ground-water should be

done in a manner that will not diminish

or degrade water leaving the site.

Factors to be considered include, but are

not limited to:

(1) Evaluation of the re-established

water table, relative to the reclaimed

land surface;

(2) Evaluation of the ground-water

recharge capacity, considering the

underlying aquifers and backfill

materials; and,

(3) Identification of toxic and/or acid

forming materials and procedures to

eliminate or minimize contamination of

the water table.

7. Public Health and Safety

a. Dump Sites. Abandoned mine sites

used as dumps are usually excellent

breeding places for insect and vermin

and could pose a hazard to public

health. The presence of a dump in an

abandoned mine site should not be

considered the primary reason for

reclamation, but may be considered in

raising the site priority in the same

objective category. Prior to any

reclamation work on dumps, the local,

State and/or Tribal agency should be

encouraged to abate the problem under

other existing authorities and consulted

regarding proper disposal methods.

b. Highwall Danger. Highwalls may

create a significant danger to public

health or safety when there is public use

of the area above or below the highwall

and/or there is evidence of sloughing

that may damage structures or block

roads and stream channels. Reclamation

techniques include, but are not limited

to:

(1) Reducing the highwall height;

(2) Backfilling and grading the

highwall to a stable slope; or

(3) Providing a physical barrier to

limit accessibility and material

movement.

c. Mine Openings and Subsidence.

(1) The administering agency should

consider the following items when

planning for subsidence control

projects:

(a) Exploratory drilling to determine

the locations, size, and condition of

abandoned underground mine openings

with the potential to subside (except in

emergencies);

(b) Proximity to populated areas with

high public use;

(c) Notification to all local, State, and

Tribal land use planning agencies of

potential subsidence areas; and,

(d) Restricting entry to mine openings

by constructing physical barriers and/or

fencing for emergency situations until

the opening can be properly reclaimed.

d. Radiation Emission. Where

radiation constitutes a potential public

health or safety problem, the

administering agency should coordinate

with other pertinent agencies prior to

reclamation activity. Normally, this

coordination is done during the

development of the State reclamation

standards for radiation.

e. Domestic Water Supplies. Control

measures designed to protect or restore

domestic water supplies should

consider the number of people affected,

the type and concentration of

pollutant(s), and the type and cost of

control technology. Clean-up or

restoration of domestic water supplies

should be restricted to source control

where possible.

f. Surface and Underground Mine

Fires. Only fires associated with

abandoned mines or in virgin seams

associated with other abandoned mine

reclamation problems are eligible for

Title IV funding.

(1) Prior to initiating control or

extinguishment efforts, geologic

investigations should be carried out to

determine the extent of the fire and the

amount of remaining combustible

material.

(2) Reclamation design and

procedures should include methods to

control or eliminate hazardous gases,

fumes, and other types of air pollution

associated with the fire.

g. Hazardous/Explosive Gases. Toxic

gases, other than those associated with

mine fires, may require site specific

control or treatment procedures. For

example, methane seeping into a

residence must be vented and should be

monitored for a reasonable amount of

time to ensure the area is safe.

Whenever possible gases should be

vented or sealed off at their source.

8. Esthetics and Visual Values

Reclaimed lands should, to the extent

that it is feasible, conform to the visual

aspects of the surrounding landscape.

The reclamation design and procedures

should take into consideration the

proximity to public high use areas and

the visual impact within the context of

the viewing distance.

a. Visual Degraders.

The administering agency determines

what conditions are visually degrading

and should be considered for visual

improvement. Visual degraders may

include, but are not limited to,

highwalls, erosion, discolored water,

haul roads, refuse piles, slurry ponds,

spoil piles, abandoned mining

equipment and structures, garbage and

refuse dumps, open pits, and

deforestation.

b. Esthetics Problem Solutions.

Solutions for esthetic problems may

involve removal of offensive material or

condition, strategic placement of

screening materials, and/or the use of

appropriate plant species. Guidelines

and standards to evaluate visual

resources developed by the U.S. Forest

Service, Natural Resource Conservation

Service, U.S. Bureau of Land

Management, National Park Service, and

other agencies should be adapted for use

in evaluating and planning visual

solutions.

9. Fish and Wildlife Values

a. Project Identification Requirements.

The administering agency should

periodically provide a list of proposed

and on-going abandoned mine land

activities to the conservation or land

management agencies with

responsibilities for fish and wildlife or

their habitats and should request

pertinent information and suggestions

from these agencies.

b. Determining Fish and Wildlife

Values and Goals. The administering

agency should review information

provided by the conservation and land

management agencies with

responsibilities for fish and wildlife or

their habitats to determine the prereclamation fish and wildlife values of

abandoned mine land sites. The

administering agency should then

determine the fish and wildlife goals for

69338 Federal Register / Vol. 65, No. 222 / Thursday, November 16, 2000 / Notices

each project, in relation to that project’s

determined fish and wildlife values and

the program priority objectives.

c. Planning Considerations. The

administering agency should encourage

the consideration of fish and wildlife

values in all reclamation activities,

including those whose primary

purposes for reclamation are related to

public health, safety, or general welfare.

If fish and wildlife values are

determined to be among the goals of the

reclamation efforts, the administering

agency should incorporate them into the

reclamation plan.

d. Installing and Maintaining

Established Fish and Wildlife Habitat

Values. The administering agency

should insure that all fish and wildlife

measures contained in the selected plan

are implemented and should encourage

the landowner(s) to maintain them at or

above the planned level.

10. Air Quality

a. Air Quality Standards. All

reclamation activities should be

conducted in accordance with

applicable local, State, Tribal, or Federal

air quality standards.

b. Coordination Requirements. Local,

State, Tribal, or Federal air quality

officials should be contacted prior to

reclamation planning activities for

requirements concerning air quality

permit procedures, applicable

standards, and possible control

measures.

c. Air Quality Degradation and

Improvement. Long-term air quality

improvements which will result from

reclamation should have priority over

possible short-term air quality

degradation caused by reclamation

construction.

Dated: November 7, 2000.

Mary Josie Blanchard,

Assistant Director, Program Support.

[FR Doc. 00–29299 Filed 11–15–00; 8:45 am]

BILLING CODE 4310–05–M

INTERNATIONAL TRADE

COMMISSION

Sunshine Act Meeting

AGENCY HOLDING THE MEETING: United

States International Trade Commission.

TIME AND DATE: November 27, 2000 at

2 p.m.

PLACE: Room 101, 500 E Street SW.,

Washington, DC 20436, Telephone:

(202) 205–2000.

STATUS: Open to the public.

MATTERS TO BE CONSIDERED: 

1. Agenda for future meeting: none

2. Minutes

3. Ratification List

4. Inv. No. 731–TA–894 (Preliminary)

(Ammonium Nitrate from Ukraine)—

briefing and vote. (The Commission is

currently scheduled to transmit its

determination to the Secretary of

Commerce on November 27, 2000;

Commissioners’ opinions are

currently scheduled to be transmitted

to the Secretary of Commerce on

December 4, 2000.)

5. Outstanding action jackets: none

In accordance with Commission

policy, subject matter listed above, not

disposed of at the scheduled meeting,

may be carried over to the agenda of the

following meeting.

Issued: November 14 , 2000.

By order of the Commission:

Donna R. Koehnke,

Secretary.

[FR Doc. 00–29475 Filed 11–14–00; 1:50 pm]

BILLING CODE 7020–02–P

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Pursuant To the Comprehensive

Environmental Response,

Compensation, and Liability Act

Under Section 122(d) of the

Comprehensive Environmental

Response, Compensation, and Liability

Act, 42 U.S.C. 9622(d), and 28 CFR 50.7,

notice is hereby given that on October

10, 2000, a proposed Partial Consent

Decree (‘‘Decree’’) in two consolidated

cases, United States v. Allied Battery

Co., Civil No. CV–98–N–0446–S, and

United States v. CSX Transportation,

Inc., Civil No. CV–98–N–2561, was

lodged with the United States District

Court for the Northern District of

Alabama. In this action, the United

States seeks recovery of its response

costs incurred by EPA in cleaning up

contaminated soil at the Carlie Lee

Superfund Site, a former battery

cracking operation located in Tarrant

City, Alabama, near Birmingham. Under

this Decree, four settling defendants—

Allied Battery Co., Econo Battery

Services, Fairfield Iron & Metals, Inc.

and Joseph J. McCleney, Jr.—have

agreed to pay separate amounts,

collectively totaling $36,000, in partial

reimbursement of the United States’

response costs.

The Department of Justice will receive

for a period of thirty (30) days from the

date of this publication comments

concerning the proposed Consent

Decree. Comments should be addressed

to the Assistant Attorney General,

Environment and Natural Resources

Division, U.S. Department of Justice,

P.O. Box 7611, Washington, DC, 20044–

7611, and should refer to United States

v. Allied Battery Co. D.J. Ref. 90–11–3–

1758, and United States v. CSX

Transportation, Inc., D.J. Ref. 90–11–3–

1758/1.

The proposed Consent Decree may be

examined at the Office of the United

States Attorney for the Northern District

of Alabama, 200 Robert Vance Federal

Bldg., 1800 5th Ave. N., Birmingham,

Alabama; and (2) the U.S.

Environmental Protection Agency,

Region 4, 61 Forsyth Street, SW.,

Atlanta, Georgia. A copy of the Decree

may also be obtained by mail from the

Consent Decree Library, P.O. Box 7611,

U.S. Department of Justice, Washington,

DC 20044–7611. In requesting a copy,

please enclose a check in the amount of

$6.25 (25 cents per page reproduction

cost) payable to the Consent Decree

Library.

Walker B. Smith,

Deputy Chief, Environmental Enforcement

Section, Environment & Natural Resources

Division.

[FR Doc. 00–29294 Filed 11–15–00; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Morton International, Inc.; Consent

Judgment

In accordance with Departmental

policy, 28 CFR 50.7, notice is hereby

given that on October 26, 2000 a

proposed Consent Decree in United

States and State of Mississippi v.

Morton International, Inc., Civil Action

No. 1:00CV501 (BrR) was lodged with

the United States District Court for the

Southern District of Mississippi, Biloxi

Division.

In this action the United States and

State of Mississippi allege that the

Morton International, Inc. (hereafter

Morton or defendant) is liable under the

Solid Waste Disposal Act, as amended

by the Resource Conservation and

Recovery Act (RCRA), the Safe Drinking

Water Act (SDWA), the Clean Water Act

(CWA), the Clean Air Act (CAA), the

Comprehensive Environmental

Response, Compensation and Liability

Act (CERCLA), the Emergency Planning

and Community Right-to-Know Act

(EPCRA), and the Mississippi Solid

Waste Disposal Law of 1974, the

Mississippi Air and Water Pollution

Control Law, and the organic act of the

Commission and of the Mississippi

Department of Environmental Quality

(MDEQ) for penalties and injunctive

relief in connection with the

defendant’s manufacturing facility