FEDERAL REGISTER: 48 FR 41019 (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 Georgia

ACTION: Rule related notice. 

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

to the State of Georgia 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 Georgia has 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 405 of SMCRA. Without 

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

Georgia. 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. No comments or requests 

for meetings were received. 

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 and 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 State accounts and utilize them in any eligible area of the 

country. 

 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 it
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. 

 The State of Georgia has formally notified OSM in writing on September 8, 1981, that it does not wish to assume 

regulatory responsibility over surface mining. Accordingly the Director is transferring all funds allocated to the State of 

Georgia to the Secretary's discretionary share pursuant to the authority in Sections 402 and 412(a) of the Act and 30 

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

Dated: September 8, 1983. 

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

[FR Doc. 83-24924 Filed 9-12-83; 8:45 am] 

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