FEDERAL REGISTER: 54 FR 19342 (May 4, 1989)

DEPARTMENT OF THE INTERIOR

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

30 CFR Part 845

Surface Coal Mining and Reclamation Operations; Permanent Program Inspections and Enforcement Procedures; Civil 

Penalties

ACTION: Final rule. 

SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSMRE) is amending its regulations which 

allow OSMRE to use money collected from payment of Federal civil penalties levied under section 518 of the Surface 

Mining Control and Reclamation Act of 1977 (Act) to reclaim lands that have been mined, abandoned or left 

inadequately reclaimed since passage of the Act. The regulations are being amended to comply with the Department of 

the Interior Appropriation Act for fiscal year 1989 to allow use of these funds until expended. 

EFFECTIVE DATE: June 5, 1989. 

FOR FURTHER INFORMATION CONTACT: Raymond E. Aufmuth, PG, Division of Technical Services, Office of 

Surface Mining Reclamation and Enforcement, U.S. Department of the Interior, 1951 Constitution Avenue NW., 

Washington, DC 20240; Telephone: 202-343-7952 (Commercial or FTS). 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Discussion of Final Rule 

III. Procedural Matters 

 

I. BACKGROUND 

 A detailed discussion of the regulation which implemented the use of civil penalty moneys and explains the Post Act 

Reclamation program may be found at 53 FR 16016, May 4, 1988. 

 Congress, in the Department of the Interior Appropriations Act for fiscal year 1989 authorized the Secretary of the 

Interior to utilize money collected pursuant to the payment of civil penalties under section 518 of the Act to reclaim lands 

adversely affected by coal mining practices after August 3, 1977, to remain available until expended (Pub. L. 100-446). 

The appropriations language provides in part: 

 * * * Provided, That notwithstanding any other provision of law, the Secretary of the Interior, pursuant to regulations, 

may utilize directly or through grants to States, moneys collected in fiscal year 1989 pursuant to the assessment of civil 

penalties under section 518 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim 

lands adversely affected by coal mining practices after August 3, 1977, to remain available until expended. * * * 

 

II. DISCUSSION OF FINAL RULE 

 The reader is referred to a detailed discussion of 30 CFR 845.21 at 53 FR 16016, May 14, 1988, for an explanation of 

the rule implementing Pub. L. 100-202, which allows use of civil penalty money for reclamation of post 1977 sites. 

 The present regulation amends 30 CFR 845.21(a) to implement the intent of Congress which authorizes the use of 

civil penalties collected in Fiscal 1989 until such funds are expended. 

 

III. PROCEDURAL MATTERS 

 

Federal Paperwork Reduction Act 

 This rule does not contain information collection requirements which require approval by the Office of Management 

and Budget under 44 U.S.C. 3507. 
 

Executive Order 12291 and Regulatory Flexibility Act 

 The DOI has determined that this document is not a major rule under the criteria of Executive Order 12291 (February 

17, 1981) and certifies that it will not have a significant economic effect on a substantial number of small entities under 

the Regulatory Flexibility Act, 5 U.S.C. 601 et seq. This rule does not distinguish between small and large entities. These 

determinations are based on the findings that the regulatory additions in the rule will not change costs to industry or to 

the Federal, State, or local government. Furthermore, the rule produces no adverse effect on competition, employment, 

investment, productivity, innovation, or the ability of United States enterprises to compete with foreign-based enterprises 

in domestic or export markets. 

 

National Environmental Policy Act 

 OSMRE prepared an environmental assessment (EA) for the May 4, 1988 regulation (53 FR 16016) that implemented 

the use of civil penalty moneys for post act reclamation. OSMRE determined at that time that there were no significant 

adverse impacts on the quality of the human environment that required preparation of an environmental impact statement 

within the meaning of section 102(2)(C) of the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 

4332(2)(C). A "Finding of No Significant Impact" (FONSI) was issued and included in the OSMRE administrative 

record at the address specified previously (see "ADDRESSES"). OMSRE has examined the rule being adopted here and 

determined that the analysis included in the EA prepared for the May 4, 1988, rule remains applicable. OSMRE has 

prepared a FONSI for the final rule reaffirming the finding that there will not be any significant adverse environmental 

impacts. 

 

Administrative Procedure Act 

 This regulation is exempt from the public notice rulemaking requirements of the Administrative Procedure Act 

pursuant to 5 U.S.C. 553(b)(B). Notice and comment on the regulation are unnecessary since the regulation merely 

adopts without policy alternatives a technical change provided by Congress in the Agency's Appropriation Act for FY 

'89. 

 

Author 

 The principal author of this rule is Raymond E. Aufmuth, PG, Division of Technical Services, Office of Surface 

Mining Reclamation and Enforcement, 1951 Constitution Avenue NW., Washington, DC 20240; Telephone: 

202-343-7952 (Commercial or FTS). 

 

LIST OF SUBJECTS IN 30 CFR PART 845 

 Administrative practice and procedure; Law enforcement; Penalties; Reporting and recordkeeping requirements; 

Surface mining; Underground mining. 

 Accordingly 30 CFR Part 845 is amended as follows: 

Dated: March 5, 1989. 

James E. Cason, Acting Assistant Secretary, Land and Minerals Management. 
PART 845 -- CIVIL PENALTIES 

 1. The authority citation for Part 845 is revised to read: 

 Authority: Pub. L. 95-87, 30 U.S.C. 1201 et seq., Pub. L. 100-34; Pub. L. 100-202, and Pub. L. 100-446. 

 2. In section 845-21, paragraph (a) is revised to read as follows: 

SECTION 845.21 - USE OF CIVIL PENALTIES FOR RECLAMATION. 

(a) To the extent authorized in the applicable annual appropriations act or other relevant statute, the Director of OSMRE 

may utilize money collected by the United States pursuant to the assessment of civil penalties under section 518 of the 

Act for reclamation of lands adversely affected by coal mining practices after August 3, 1977, until such funds are 

expended. 

 

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[FR Doc. 89-10699 Filed 5-3-89; 8:45 am] 

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