[Federal Register Volume 63, Number 77 (Wednesday, April 22, 1998)]
[Proposed Rules]
[Pages 19874-19876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10580]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 925

[SPATS No. MO-034--FOR]


Missouri Abandoned Mine Land Reclamation Plan

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

ACTION: Proposed rule; public comment period and opportunity for public 
hearing.

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SUMMARY: OSM is announcing receipt of a proposed amendment to the 
Missouri Abandoned Mine Land Reclamation Plan (hereinafter referred to 
as the ``Missouri plan'') under the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA), 30 U.S.C. 1201 et seq., as amended. 
The proposed amendment pertains to a formal request by the Missouri 
Department of Natural Resources, Land Reclamation Commission, Land 
Reclamation Program (LRP) to assume responsibility of the abandoned 
mine land reclamation (AMLR) emergency program in Missouri. The 
proposed amendment is intended to provide information to verify that 
Missouri has the authority under its existing plan to conduct the AMLR 
emergency program on behalf of OSM.
    This notice sets forth the times and locations that the Missouri 
plan and the proposed amendment to that plan will be available for 
public inspection, the comment period during which interested persons 
may submit written comments on the proposed amendment, and the 
procedures that will be followed regarding the public hearing, if one 
is requested.

DATES: Written comments must be received by 4:00 p.m., c.d.t., May 22, 
1998. If requested, a public hearing on the proposed amendment will be 
held on May 18, 1998. Requests to speak at the hearing must be received 
by 4:00 p.m., c.d.t., May 7, 1998.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Russell W. Frum, Mid-Continent Regional 
Coordinating Center, at the address listed below.
    Copies of the Missouri plan, the proposed amendment, a listing of 
any scheduled public hearings, and all written comments received in 
response to this document will be available for public review at the 
addresses listed below during normal business hours, Monday through 
Friday, excluding holidays. Each requester may receive one free copy of 
the proposed amendment by contacting OSM's Mid-Continent Regional 
Coordinating Center.
    Russell W. Frum, Mid-Continent Regional Coordinating Center, Office 
of Surface Mining Reclamation and Enforcement, Alton Federal Building, 
501 Belle Street, Alton, Illinois 62002, Telephone: (618) 463-6460.
    Missouri Department of Natural Resources, Land Reclamation Program, 
205 Jefferson Street, P.O. Box 176, Jefferson City, Missouri 65102, 
Telephone: (573) 751-4041.

FOR FURTHER INFORMATION CONTACT:
Russell W. Frum, Mid-Continent Regional Coordinating Center, Telephone: 
(618) 463-6460.

I. Background on the Missouri Plan

    On January 29, 1982, the Secretary of the Interior approved the 
Missouri plan. Background information on the Missouri plan, including 
the Secretary's findings, the disposition of comments, and the approval 
of the plan can be found in the January 29, 1982, Federal Register (47 
FR 4253). Subsequent actions concerning the Missouri plan and 
amendments to the plan can be found at 30 CFR 925.25.

II. Description of the Proposed Amendment

    Section 410 of SMCRA authorizes the Secretary to use funds under 
the AMLR program to abate or control emergency situations in which 
adverse effects of past coal mining pose an immediate danger to the 
public health, safety, or general welfare. On September 29, 1982 (47 FR 
42729), OSM invited States to amend their AMLR plans for the purpose of 
undertaking emergency reclamation programs on behalf of OSM. States 
would have to demonstrate that they have the statutory authority to 
undertake emergencies, the technical capability to design and supervise 
the emergency work, and the administrative mechanisms to quickly 
respond to emergencies either directly or through contractors.
    By letter dated March 31, 1998, (Administrative Record No. AML-MO-
103), Missouri submitted a proposed amendment to its plan pursuant to 
SMCRA. Missouri submitted the proposed amendment at its own initiative. 
This amendment is intended to demonstrate Missouri's capability to 
effectively undertake the AMLR emergency program on behalf of OSM. The 
proposed amendment would allow Missouri to assume the administration of 
the AMLR emergency program in Missouri on behalf of OSM. In its formal 
submittal, Missouri stated that a review of the Missouri plan indicates 
that the authority already exists for the LRP to assume responsibility 
for the AML emergency program. Missouri noted that the designation by 
the governor and legal opinion of the state attorney general that is 
included in its plan are applicable to all AML activities, including 
the emergency program, and that all other existing policies and 
procedures in its plan are adequate to cover the emergency program, 
with two minor exceptions. These exceptions are being addressed in 
Missouri's proposed amendment.
    A. The following information, taken from the approved Missouri 
plan, is included by reference in Missouri's formal submission to OSM 
to verify that the authority already exists for the LRP to assume AMLR 
emergency program responsibilities:
    1. A letter from the Governor that designates the Missouri 
Department of Natural Resources, Land Reclamation Commission as the 
agency responsible for the Abandoned Mine Land Reclamation Program in 
Missouri.
    2. A legal opinion from the Attorney General that the Missouri 
Department of Natural Resources, Land Reclamation Commission has the 
power to

[[Page 19875]]

administer the Abandoned Mine Land Reclamation Program in Missouri.
    3. A copy of the Missouri Land Reclamation Act (Revised Statutes of 
Missouri (RSMo) sections 444.810, .825, .915, .920, .930, and .940). 
RSMo section 444.915(5) authorizes the LRP to spend monies from the 
State Abandoned Mine Reclamation Fund for restoration, reclamation, 
abatement, control or prevention of adverse effects of coal mining 
practices which constitutes an emergency.
    4. A copy of the Missouri Abandoned Mine Land Reclamation Program 
regulations (Code of State Regulations, 10 CSR 40-9.010, .020, .030, 
.040, .050, and .060). Missouri's regulations at 10 CSR 40-9.030(4) 
provides the right to enter upon any land where an amergency exists and 
on any other land to have access to the land where the emergency exists 
to restore, reclaim, abate, control or prevent the adverse effects of 
coal mining practices and to do all things necessary or expedited to 
protect the public health, safety or general welfare. Procedures are 
provided for this entry.
    B. Missouri submitted the following statement to demonstrate the 
LRP's technical capability to design and supervise the emergency work:

    Over the past four years, Missouri has successfully completed 
several high priority shaft closure and four subsidence reclamation 
projects. Although these were non-emergency projects, they were 
completed in a timely manner and the scope of work was similar to 
Missouri's past AML emergency projects. With six Land Reclamation 
Specialists and a registered professional engineer on the AML 
Section staff, the LRP has the technical capability to respond 
rapidly to AML emergency situations. Project designs and contract 
documents can be prepared in-house, avoiding the usual time delays 
associated with procuring and coordinating consulting engineering 
services agreements. The AML Section can also provide in-house 
resident inspection services, since emergency reclamation projects 
are typically of short duration.

    C. Missouri proposes to update the following policy and procedure 
sections of its plan to reflect that Missouri has the administrative 
mechanisms to quickly respond to emergencies either directly or through 
contractors:

1. Section 884.13(c)(6), Rights of Entry

    Missouri proposed to remove the following language from this 
section to reflect that it will now administer the emergency program:

    Under most circumstances, emergency entries will be made upon 
request from the Office of Surface Mining. This agency will perform 
as its agent provided that the Land Reclamation Commission is 
agreeable to such entry and has determined that an emergency does 
exist.

2. Section 884.13(d)(3), Purchasing and Procurement

    Missouri proposed to revise this section to show the current 
procurement thresholds for services, supplies and products contracts. 
The procurement threshold requiring the use of formal sealed bids is 
being raised from $10,000 to $25,000. The procurement threshold 
requiring compliance with State small purchase procedures is being 
raised from $10,000 to $25,000. The negotiated procurement threshold is 
being lowered from $10,000 to $3,000. Procurements in excess of $25,000 
are to be recorded with the specified justification information. 
Missouri's existing policy requires special justification if 
procurements are in excess of $10,000.
    D. After assuming the emergency program, Missouri would conduct 
investigations of potential emergency sites, and following OSM 
concurrence that emergency situations exist, perform remedial 
reclamation. Missouri stated in its proposal that it would follow 
procedures that are in compliance with Chapter 4-30, ``Characteristics 
of Grantee-Administered Emergency Reclamation Activities'' of the 
Federal Assistance Manual in administering the AMLR emergency program.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 884.15(a), OSM is 
seeking comments on whether the proposed amendment satisfies the 
applicable program approval criteria of 30 CFR 884.14. If the amendment 
is deemed adequate, it will become part of the Missouri plan.

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 Mid-Continent Regional 
Coordinating Center will not necessarily be considered in the final 
rulemaking or included in the Administrative Record.

Public Hearing

    Persons wishing to speak at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., 
c.d.t. on May 7, 1998. The location and time of the hearing will be 
arranged with those persons requesting the hearing. If no one requests 
an opportunity to speak at the public hearing, the hearing will not be 
held.
    Filing of a written statement at the time of the hearing is 
requested as it will greatly assist the transcriber. Submission of 
written statements in advance of the hearing will allow OSM officials 
to prepare adequate responses and appropriate questions. Any disabled 
individual who has need for a special accommodation to attend a public 
hearing should contact the individual listed under FOR FURTHER 
INFORMATION CONTACT.
    The public hearing will continue on the specified date until all 
persons scheduled to speak have been heard. Persons in the audience who 
have not been scheduled to speak will be heard following those who have 
been scheduled. The hearing will end after all persons scheduled to 
speak and persons present in the audience who wish to speak have been 
heard.

Public Meeting

    If only one person requests an opportunity to speak at a hearing, a 
public meeting, rather than a public hearing, may be held. Persons 
wishing to meet with OSM representatives to discuss the proposed 
amendment may request a meeting by contacting the person listed under 
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the 
public and, if possible, notices of meetings will be posted at the 
locations listed under ADDRESSES. A written summary of each meeting 
will be made a part of the Administrative Record.

IV. Procedural Determinations

Executive Order 12866

    This proposed 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 promulgated by a specific 
State or Tribe, not by OSM. Decisions on proposed abandoned mine land 
reclamation plans and revisions thereof submitted by a State or Tribe 
are based

[[Page 19876]]

on a determination of whether the submittal meets the requirements of 
Title IV of SMCRA (30 U.S.C. 1231-1243) and 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 or 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 submittal which is the subject of this rule is based upon 
corresponding 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 
previously promulgated by OSM will be implemented. 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

    OSM has determined and certifies pursuant to the Unfunded Mandates 
Reform Act (2 U.S.C. 1502 et seq.) that this rule will not impose a 
cost of $100 million or more in any given year on local, state, or 
tribal governments or private entities.

List of Subjects in 30 CFR Part 925

    Abandoned mine land reclamation, Intergovernmental relations, 
Surface mining, Underground mining.

    Dated: April 14, 1998.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 98-10580 Filed 4-21-98; 8:45 am]
BILLING CODE 4310-05-M