FEDERAL REGISTER: 48 FR 41018 (September 13, 1983)

DEPARTMENT OF THE INTERIOR

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

30 CFR Part 872

Withdrawal of Unexpended Abandoned Mine Land Reclamation Funds From the State of Washington

ACTION: Rule related notice. 

SUMMARY: The Office of Surface Mining is withdrawing abandoned mine land reclamation (AMLR) funds allocated 

to the State of Washington under the authority of Section 402(g)(2) of the Surface Mining Control and Reclamation Act 

of 1977, Pub. L. 95-87 (SMCRA) and 30 CFR 872.11 of the Secretary's regulations. The State of Washington failed to 

adopt a regulatory program for active mining pursuant to Section 503 of SMCRA or a reclamation plan for the 

restoration of lands previously degraded by past coal mining practices pursuant to Section 404 of SMCRA. Without 

these programs the State is ineligible to receive the State share allocation of AMLR funds collected within the State of 

Washington. Failure to expend these funds within the time limits allocated by SMCRA and the Secretary's regulations can 

result in the transfer of these funds to the Secretary's discretionary share for expenditure in any eligible area of the 

country. 

 Notice of OSM's intent to withdraw unexpended abandoned mine land reclamation funds was published on August 4, 

1983 (48 FR 35399). An opportunity for public participation in OSM's decision was provided. Comments received are 

discussed below under "Disposition of Comments." 

EFFECTIVE DATE: This action will be effective October 13, 1983. 

FOR FURTHER INFORMATION CONTACT: Jim Fary, Division of Abandoned Mine Land Reclamation, 1951 

Constitution Avenue, NW., Washington, D.C. 20240, telephone (202) 343-7921. 

SUPPLEMENTARY INFORMATION: 

 The Abandoned Mine Land Fund was established by the Surface Mining Control and Reclamation Act of 1977 in 

response to concern over extensive environmental damage caused by past coal mining activities. The Abandoned Mine 

Land Fund derives its financing from Title IV of the Act which establishes a fee on coal production for the purpose of 

financing specified Federal, State, and Indian reclamation programs. Programs funded by Congressional appropriations 

include grants to States and Indian Tribes to plan and carry out reclamation programs and projects, Federal Reclamation 

projects carried out by the Secretary of Interior through OSM, and the Rural Abandoned Mine Program (RAMP) 

administered by the Secretary of Agriculture and carried out by the Soil Conservation Service. Lands and water eligible 

for reclamation are those that were mined or affected by mining and abandoned or left in an inadequate reclamation 

status prior to August 3, 1977, and for which there is no continuing reclamation responsibility under State or Federal 

law. 

 Title IV of SMCRA provides that fifty percent of the AMLR funds collected within a State or on Indian lands are to 

be allocated to that State or Indian Tribe to accomplish the purpose of this title. "Allocate" means the administrative 

identification in the records of OSM of monies in the Fund for a specific purpose, e.g., identification of monies for 

exclusive use by a State. 

 States and Tribes are eligible to receive such allocated funds only after they have received approved regulatory 

programs pursuant to Section 503 of the Act and approved reclamation plans under Section 405. If allocated funds have 

not been expended within three years of their allocation by the States or Indian tribes, Section 402 of the Act provides 

the Secretary authority to withdraw such funds from the States' accounts and utilize them in any eligible area of the 

county. 

 On June 30, 1982, OSM published revised final regulations concerning the implementation and administration of the 

Abandoned Mine Land Program. (47 FR 28574.) Under 30 CFR 872.11(b)(2), OSM set out two procedures concerning 

the withdrawal of allocated but unexpended State or Indian tribal funds. First, if a State advises OSM in writing that is 
does not intend to submit a State reclamation plan, no monies will be allocated to that State. Secondly, amounts allocated 

to a State that have not been granted to the State within three years from the date of allocation shall be available to the 

Director for other purposes as set out in 30 CFR 872.11(b)(5) and Section 401(c) of the Act. 

 

DISPOSITION OF COMMENTS 

 The Department of Natural Resources of the State of Washington commented that: "the Federal Register text is 

incorrect in saying that the State had no intentions of regulating surface mining and reclamation operations. The converse 

is true as the State has a great environmental awareness and has had a Surface Mined Land Reclamation Act in place 

since 1970. What your notice should have said is that we have not implemented a Federal Program." OSM has reviewed 

the text of the Federal Register notice (48 FR 35399-35400, August 4, 1983) and cannot find where it has indicated that 

the State of Washington "had no intentions of regulating surface mining and reclamation operations." OSM does not 

question that the State of Washington "has a great environmental awareness and has had a Surface Mined Land 

Reclamation Act in place since 1970." OSM contends that it has said in the Federal Register text that the State of 

Washington has not implemented a Federal Program. 

 The relevant text reads as follows: "Both States (i.e., Georgia and Washington) have failed to adopt regulatory 

programs for active mining pursuant to Section 503 of SMCRA. . . ." (48 FR 35399). Section 503 of SMCRA is the 

Federal program. Moreover, the Federal Register text indicates: "The State of Washington, on the other hand, has never 

formally advised OSM in writing concerning its intentions not to regulate surface mining and reclamation operations. 

However, since the State has not made reasonable efforts to assume primacy over these areas and thereby become 

eligible for AMLR grants, the Director is proposing to withdraw all State AMLR funds which have been allocated but 

left unexpended for more than three years." Perhaps the Washington Department of Natural Resources has read the 

Federal Register text regarding the State of Georgia as applicable to Washington as well. The State of Georgia has 

indicated its intentions in writing to OSM that it does not wish to assume regulatory responsibility over surface mining. In 

conclusion, the OSM has not indicated that the State of Washington, "had no intentions of regulating surface mining and 

reclamation operations" but rather that since Washington has never formally advised OSM in writing concerning its 

intentions not to regulate surface mining and reclamation operations under SMCRA, the Director of OSM can and is 

withdrawing all State AMLR funds which have been allocated but left unexpended for more than three years. 

 The Washington Department of Natural Resources also commented that: "we disagree with the concept that monies 

collected in a State by the Federal government from coal mining can be withdrawn and used elsewhere at the discretion 

of the Secretary of the Interior. If a Federal program is in place, such as here in Washington State, OSM should utilize 

these funds for the benefit of Washington." OSM's response is that Section 402(g)(2) of SMCRA explicitly gives the 

Secretary the discretion to withdraw funds allocated to a State reclamation program that have not been expended within 

three years after their allocation and to use these withdrawn funds for expenditure in any eligible area as determined by 

the Secretary. To allow funds allocated by an Act of Congress for the specific purpose of abandoned mine land 

reclamation by States to remain idle because a State has not made reasonable efforts to become eligible for the funds, 

would be incompatible with the Secretary's responsibilities for management of public funds and resources. OSM will be 

developing a Federal abandoned mine land reclamation program for the State of Washington using available Federal 

funds to reclaim high priority abandoned mine land sites. 

 The Washington Irrigation and Development Company (WIDCO) requested that the Secretary "defer action on the 

withdrawal of the subject funds, pending meetings (by WIDCO) with the State" regarding the interest of the State of 

Washington to implement a State program. OSM declines to defer action on withdrawal of funds because it believes that 

the State has not made reasonable efforts to assume primacy over surface mining and thereby become eligible for AMLR 

grants. Moreover, the Washington Department of Natural Resources' response to the notice of intent to withdraw funds 

indicates that the State is still not making any efforts to assume primacy over surface mining and thereby become eligible 

for AMLR grants. 

 WIDCO further commented that: "If funds must be withdrawn now, perhaps a mechanism could be established for 

re-allocation if primacy was achieved by some future date." OSM declines to establish, at this time, a mechanism for 

re-allocation if primacy is achieved by the State at some later date. It should be noted that the action withdrawing funds 

allocated to Washington is limited to funds left unexpended for more than three years. Therefore, Washington will have 

available to it three years of funds to expend on a State AMLR program if it should decide, at some future date, to seek 
primacy. Moreover, as indicated above, OSM will be developing a Federal program for Washington using available 

Federal funds to reclaim high priority abandoned mine land sites. 

AGENCY'S FINDINGS 

 The State of Washington has never formally advised OSM in writing concerning its intentions not to regulate surface 

mining and reclamation operations. However, since the State has not made reasonable efforts to assume primacy over 

these areas and thereby become eligible for AMLR grants, the Director is withdrawing all State AMLR funds which have 

been allocated but left unexpended for more than three years pursuant to the authority in Section 402 and 412(a) of the 

Act and 30 CFR 872.11(b)(2) of the Secretary's regulations. 

Dated: September 7, 1983. 

James R. Harris, Director, Office of Surface Mining. 

[FR Doc. 83-24925 Filed 9-12-83; 8:45 am] 

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