[Federal Register Volume 62, Number 52 (Tuesday, March 18, 1997)]
[Proposed Rules]
[Pages 12776-12778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6752]


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DEPARTMENT OF THE INTERIOR
30 CFR Part 946

[VA-104-FOR]


Virginia Abandoned Mine Land Reclamation Program

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

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: OSM is opening the public comment period on a proposed 
amendment to the Virginia Abandoned Mine Land Reclamation (AMLR) 
Program (hereinafter referred to as the Virginia Program) under the 
surface Mining Control and Reclamation Act of 1977 (SMCRA), 30 U.S.C. 
1201 et seq., as amended. In response to comments from OSM and others, 
the State revised and resubmitted the AMLR plan amendment. The proposed 
amendment is intended to streamline Virginia's total AMLR plan to be 
consistent with the Federal regulations.

DATES: Written comments must be received on or before 4:00 p.m. on 
April 2, 1997.

ADDRESSES: Written comments should be mailed or hand-delivered to Mr. 
Robert A. Penn, Director, Big Stone Gap Field Office at the first 
address listed below.
    Copies of the Virginia program, the proposed AMLR plan amendment 
(including revisions and supplementary submittals), and all written 
comments received in response to the proposed amendment will be 
available for public review at the addresses listed below during normal 
business hours, Monday through Friday, excluding holidays:

Office of Surface Mining Reclamation and Enforcement, Big Stone Gap 
Field Office, Powell Valley Square Shopping Center, 1941 Neeley Road, 
Suite 201, Compartment 116, Big Stone Gap, Virginia 24219, Telephone: 
(540) 523-4303.
Virginia Division of Mined Land Reclamation, P.O. Drawer 900, Big Stone 
Gap, Virginia 24219, Telephone: (703) 523-8100.

    Each requester may receive, free of charge, one copy of the 
proposed amendment by contacting the OSM Big Stone Gap Field Office.

FOR FURTHER INFORMATION CONTACT: Mr. Robert A. Penn, Director, Big 
Stone Gap Field Office, Telephone: (540) 523-4303.

SUPPLEMENTARY INFORMATION:

I. Background on the Virginia Program

    On December 15, 1981, the Secretary of the Interior conditionally 
approved the Virginia program. Background on the Virginia program, 
including the Secretary's findings, the disposition of comments, and 
the conditions of approval can be found in the December 15, 1981 
Federal Register (46 FR 61085-61115). Subsequent actions concerning the 
conditions of approval and AMLR program amendments are identified at 
300 CFR 946.20 and 946.25.

[[Page 12777]]

II. Discussion of the Proposed Amendment

    By letter received February 29, 1996 (Administrative Record No. VA-
871), the Virginia Division of Mined Land Reclamation (DMLR) submitted 
a proposed amendment to the Virginia Program. This amendment is 
intended to revise and streamline Virginia's total AMLR plan to more 
closely parallel the Federal state reclamation plan information 
requirements of 30 CFR 884.13.
    The proposed revisions to the AMLR plan concern: The purpose of the 
State reclamation program; ranking and selection; coordination with 
other programs; land acquisition, management and disposal; reclamation 
on private land; rights of entry; public participation policies; 
organization; staffing policies; purchasing and procurement; accounting 
system; location of known or suspected eligible land and water; 
description of problems occurring on lands and waters (map); 
reclamation proposals; economic base; aesthetic, historic or cultural, 
and recreation values; and endangered and threatened plant, fish, 
wildlife and habitat. The primary purpose of the amendment is to 
incorporate the 1990 amendments to SMCRA, and the AMLR provisions of 
the Energy Policy Act of 1992, Pub. L. 102-486, 106 Stat. 2776 (1992).
    OSM announced receipt of the proposed amendment in the March 18, 
1996, Federal Register (61 FR 10919), and in the same document opened 
the public comment period and provided an opportunity for a public 
hearing on the adequacy of the proposed amendment. The public comment 
period closed on April 17, 1996. No hearing was requested, so none was 
held.
    During its review of the amendment, OSM identified concerns 
relating to various sections of the proposed plan and provided draft 
comments to the State (Administrative Record Number VA-898). OSM 
representatives met with DMLR representatives on October 31, 1996, and 
November 4, 1996, to resolve comments included in the draft list 
prepared by OSM (Administrative Record Number VA-899).
    On November 19, 1996, OSM conducted a telephone conference with 
DMLR representatives to further resolve issues included in the draft 
issues list. OSM representatives met with DMLR representatives on 
November 20, 1996, to continue to resolve issues in the draft issues 
list. The results of the November 19, 1996, teleconference and the 
November 20, 1996, meeting, including the changes proposed by the DMLR 
to be made to the Virginia plan submittal, are documented in the 
Virginia Administrative Record Number VA-900. In addition, VA-900 
contains copies of the forms (Lien Waiver, Right of Entry, Claim of 
Lien, and AML Complaint Investigation) that the DMLR uses to implement 
the Virginia program. These forms are considered by OSM to be part of 
the Virginia plan submittal.
    On December 5, 1996, OSM conducted a telephone conference with DMLR 
representatives to resolve the remaining issues. The results of that 
telephone conference are documented at Administrative Record Number VA-
901.
    On December 10, 1996, Virginia submitted draft language to the U.S. 
Fish and Wildlife Service (USFWS) to address USFWS comments made on 
April 4, 1996 (Administrative Record Number VA-904).
    On January 7, 1997, the USFWS recommended further modifications to 
the endangered and threatened species section of the proposed AMLR plan 
amendment wording (Administrative Record Number VA-905).
    On February 6, 1997, OSM provided USFWS with Virginia's AMLR plan 
language that was revised in response to USFWS comments on endangered 
and threatened species (Administrative Record Number VA-906).
    On February 10, 1997 (Administrative Record Number VA-907), OSM met 
with DMLR to discuss changes made to the AMLR plan amendment by 
Virginia to address OSM's comments on the amendment that were 
identified in OSM's draft issues list (Administrative Record Number FA-
898).
    On February 7, 1997, USFWS confirmed that DMLR's draft wording 
changes to the endangered and threatened species section of the 
proposed AMLR plan amendment now includes the modifications proposed by 
USFWS (Administrative Record Number VA-908).
    On February 10, 1997, the U.S. Environmental Protection Agency 
(EPA) confirmed that draft wording modifications to the proposed 
Virginia AMLR plan amendment received from DMLR on November 20, 1996, 
resolve EPA's identified concerns (Administrative Record Number VA-
909).
    On February 14, 1997, OSM proposed wording changes to DMLR to 
resolve OSM concerns regarding sentences added to the proposed AMLR 
plan amendment by DMLR related to remining (Administrative Record 
Number VA-910).
    On February 27, 1997, DMLR agreed to modify AMLR plan wording to 
resolve OSM concerns regarding sentences added to the proposed AMLR 
plan amendment by DMLR related to remining (Administrative Record 
Number VA-911).
    By electronic mail correspondence dated March 5, 1997, 
(Administrative Record Number VA-912), Virginia submitted a revised 
copy of the proposed AMLR plan that contains the changes made to 
resolve the issues identified by OSM, the USFWS, and the EPA. The full 
text of the revised proposed AMLR plan amendment submitted by Virginia 
is available for public inspection at the addresses listed above. The 
Director now seeks public comment on whether the proposed amendment is 
no less effective than the Federal regulations. If approved, the 
amendment will become part of the Virginia program.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 884.15, OSM is now 
seeking comment on whether the amendment proposed by Virginia satisfies 
the applicable requirements for the approval of State AMLR program 
amendments. If the amendment is deemed adequate, it will become part of 
the Virginia program.

Written Comments

    Written comments should be specific, pertain only to the issues 
proposed in this rulemaking, and include explanations in support of the 
commenter's recommendations. Comments received after the time indicated 
under DATES or at locations other than the Big Stone Gap Field Office 
will not necessarily be considered in the final rulemaking or included 
in the Administrative Record.

VI. Procedural Determinations

Executive Order 12866

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12866 (Regulatory Planning and 
Review).

Executive Order 12988

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 (Civil Justice Reform) and has 
determined that, to the extent allowed by law, this rule meets the 
applicable standards of subsections (a) and (b) of that section. 
However, these standards are not applicable to the actual language of 
State and Tribal abandoned mine land reclamation plans and revisions 
thereof since each such plan is drafted and adopted by a specific State 
or Tribe, not by OSM. Decisions on proposed

[[Page 12778]]

State and Tribal abandoned mine land reclamation plans and revisions 
thereof submitted by a State or Tribe are based on a determination of 
whether the submittal meets the requirements of Title IV of SMCRA (30 
U.S.C. 1231-1243) and the Federal regulations at 30 CFR Parts 884 and 
888.

National Environmental Policy Act

    No environmental impact statement is required for this rule since 
agency decisions on proposed State and Tribal abandoned mine land 
reclamation plans and revisions thereof are categorically excluded from 
compliance with the National Environmental Policy Act (42 U.S.C. 4332) 
by the Manual of the Department of the Interior [516 DM 6, appendix 8, 
paragraph 8.4B(29)].

Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 
3507 et seq.).

Regulatory Flexibility Act

    The Department of the Interior has determined that this rule will 
not have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
The State submittal which is the subject of this rule is based upon 
Federal regulations for which an economic analysis was prepared and 
certification made that such regulations would not have a significant 
economic effect upon a substantial number of small entities. 
Accordingly, this rule will ensure that existing requirements 
established by SMCRA or previously promulgated by OSM will be 
implemented by the State. In making the determination as to whether 
this rule would have a significant economic impact, the Department 
relied upon the data and assumptions in the analyses for the 
corresponding Federal regulations.

Unfunded Mandates

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 914

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 10, 1997.
Ronald C. Recker,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 97-6752 Filed 3-17-97; 8:45 am]
BILLING CODE 4310-05-M