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[Federal Register Volume 70, Number 228 (Tuesday, November 29, 2005)]
[Proposed Rules]
[Pages 71444-71446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23399]

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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 950

[WY-033-FOR]

Wyoming Abandoned Mine Land Reclamation Plan

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

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

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SUMMARY: We are announcing receipt of a proposed amendment to the 
Wyoming abandoned mine land reclamation (AMLR) plan (the ``Wyoming 
plan'') under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA or the Act). Wyoming proposes revisions and additions to its 
AMLR Plan to be consistent with SMCRA by removing phrases concerning 
liens for reclamation on private lands and by removing and adding words 
concerning contract eligibility.

DATES: We will accept written comments on this amendment until 4 p.m., 
m.s.t., December 29, 2005. If requested, we will hold a public hearing 
on the amendment on December 27, 2005. We will accept requests to speak 
until 4 p.m., m.s.t., December 14, 2005.

ADDRESSES: You may submit comments, identified by ``WY-033-FOR'', by 
any of the following methods:
     E-mail: [email protected]. Include ``WY-033-FOR'' in the 
subject line of the message.
     Mail/Hand Delivery/Courier: Richard W. Buckley, Casper 
Field Office, Office of Surface Mining Reclamation and Enforcement, 
Federal Building, 150 East B Street, Room 1018, Casper, Wyoming 82601-
1018. Telephone: 307/261-6550. E-mail: [email protected].
     Fax: 307/261-6552.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency name 
and SATS No. WY-033-FOR. For detailed instructions on submitting 
comments and additional information on the rulemaking process, see the 
``Public Comment Procedures'' heading of the SUPPLEMENTARY INFORMATION 
section of this document.
    Docket: Access to the docket (administrative record), to review 
copies of the Wyoming plan, this amendment, a listing of any scheduled 
public hearings, and all written comments received in response to this 
document at the addresses listed below during normal business hours, 
Monday through Friday, excluding holidays. You may receive one free 
copy of the amendment by contacting the Office of Surface Mining 
Reclamation and Enforcement (OSM) Casper Field Office. In addition, you 
may review a copy of the amendment during regular business hours at the 
following locations: Richard W. Buckley, Acting Director, Casper Field 
Office, Office of Surface Mining Reclamation and Enforcement, 150 East 
B Street, Room 1018, Casper, Wyoming 82601-1018. Telephone: 307/261-
6550. E-mail: [email protected]. Evan Green, AML Administrator, 
Wyoming Abandoned Mine Lands Program, Herschler Building, 4th Floor 
West, 122 West 25th Street, Cheyenne, Wyoming 82002. Telephone: 307/
777-6145. E-mail: [email protected].

FOR FURTHER INFORMATION CONTACT: Acting Field Office Director Richard 
W. Buckley. Telephone: 307/261-6550. E-mail: [email protected].

SUPPLEMENTARY INFORMATION:
I. Background on the Wyoming Plan
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations

I. Background on the Wyoming Plan

    The Abandoned Mine Land Reclamation Program was established by 
Title IV of the Act (30 U.S.C. 1201 et seq.) in response to concerns 
over extensive environmental damage caused by past coal mining 
activities. The program is funded by a reclamation fee collected on 
each ton of coal that is produced. The money collected is used to 
finance the reclamation of abandoned coal mines and for other 
authorized activities. Section 405 of the Act allows States and Indian 
tribes to assume exclusive responsibility for reclamation activity 
within the State or on Indian lands if they develop and submit to the 
Secretary of the Interior for approval, a program (often referred to as 
a plan) for the reclamation of abandoned coal mines. On February 14, 
1983, the Secretary of the Interior approved the Wyoming plan. You can 
find general background information on the Wyoming plan, including the 
Secretary's findings and the disposition of comments, in the February 
14, 1983, Federal Register (48 FR 6536). You can also find later 
actions concerning Wyoming's plan and plan amendments at 30 CFR 950.35 
and outstanding required amendments at 30 CFR 950.36.

II. Description of the Proposed Amendment

    By letter dated September 1, 2005, Wyoming sent us a proposed 
amendment to its plan (WY-033-FOR, (administrative record No. WY-033-
01) under SMCRA (30 U.S.C. 1201 et seq.). Wyoming sent the amendment in 
response to the required plan amendments at 30 CFR 950.36 (a) and (b). 
The full text of the plan amendment is available for you to read at the 
locations listed above under ADDRESSES.
    Specifically, Wyoming proposes to remove from Wyoming Statute 
(W.S.)

[[Page 71445]]

35-11-1206(a) the phrases ``not to exceed the cost of reclamation work 
or'' and ``whichever is less;'' remove from W.S. 35-11-1206(b) the 
phrase ``of but not exceeding the cost of reclamation;'' remove from 
W.S. 35-11-1209 the words ``professional'' and ``contractors;'' and add 
to W.S. 35-11-1209 the phrase ``vii, Unresolved notice of violation.''

III. Public Comment Procedures

    Under the provisions of 30 CFR 884.15(a), OSM requests your 
comments on whether the amendment satisfies the applicable State 
reclamation plan approval criteria of 30 CFR 884.14. If we approve the 
amendment, it will become part of the Wyoming plan.

Written Comments

    Send your written comments to OSM at the address given above. Your 
written comments should be specific, pertain only to the issues 
proposed in this rulemaking, and include explanations in support of 
your recommendations. In the final rulemaking, we will not consider or 
include in the administrative record any comments received after the 
time indicated under DATES or at locations other than the Casper Field 
Office.

Electronic Comments

    Please submit Internet comments as an ASCII or MS Word file 
avoiding the use of special characters and any form of encryption. 
Please also include ``Attn: SATS No. WY-033-FOR'' and your name and 
return address in your Internet message. If you do not receive a 
confirmation that we have received your Internet message, contact the 
Casper Field Office at 307/261-6555. In the final rulemaking, we will 
not consider or include in the administrative record any electronic 
comments received after the time indicated under DATES or at e-
addresses other than the Casper Field Office.

Availability of Comments

    We will make comments, including names and addresses of 
respondents, available for public review during normal business hours. 
We will not consider anonymous comments. If individual respondents 
request confidentiality, we will honor their request to the extent 
allowable by law. Individual respondents who wish to withhold their 
name or address from public review, except for the city or town, must 
state this prominently at the beginning of their comments. We will make 
all submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available for public review in their entirety.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., m.s.t., 
December 14, 2005. If you are disabled and need special accommodations 
to attend a public hearing, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT. We will arrange the location and time of 
the hearing with those persons requesting the hearing. If no one 
requests an opportunity to speak, we will not hold the hearing.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at a public hearing 
provide us with a written copy of his or her comments. The public 
hearing will continue on the specified date until everyone scheduled to 
speak has been given an opportunity to be heard. If you are in the 
audience and have not been scheduled to speak and wish to do so, you 
will be allowed to speak after those who have been scheduled. We will 
end the hearing after everyone scheduled to speak and others present in 
the audience who wish to speak, have been heard.

Public Meeting

    If only one person requests an opportunity to speak, we may hold a 
public meeting rather than a public hearing. If you wish to meet with 
us to discuss the amendment, please 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, we will post notices of 
meetings at the locations listed under ADDRESSES. We will make a 
written summary of each meeting a part of the administrative record.

IV. Procedural Determinations

Executive Order 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis performed for the counterpart Federal regulation.

Executive Order 12866--Regulatory Planning and Review

    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--Civil Justice Reform

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 and has determined that, to the 
extent allowable 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 Wyoming AMLR plans and 
revisions thereof because each plan is drafted and promulgated by a 
specific State, not by OSM. Decisions on proposed State AMLR plans and 
revisions thereof submitted by a State 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 applicable Federal regulations at 30 CFR part 
884.

Executive Order 13132--Federalism

    This rule does not have federalism implications. SMCRA delineates 
the roles of the Federal and State governments with regard to the 
regulation of surface coal mining and reclamation operations. One of 
the purposes of SMCRA is to ``establish a nationwide program to protect 
society and the environment from the adverse effects of surface coal 
mining operations.'' Section 503(a)(1) of SMCRA requires that State 
laws regulating surface coal mining and reclamation operations be ``in 
accordance with'' the requirements of SMCRA, and section 503(a)(7) 
requires that state programs contain rules and regulations ``consistent 
with'' regulations issued by the Secretary pursuant to SMCRA.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have evaluated the 
potential effects of this rule on Federally recognized Indian Tribes 
and have determined that the rule does not have substantial direct 
effects on one or more Indian Tribes, on the relationship between the 
Federal Government and Indian Tribes, or on the distribution of power 
and responsibilities between the Federal government and Indian Tribes. 
The rule does not involve or affect Indian Tribes in any way.

Executive Order 13211--Regulations That Significantly Affect the 
Supply, Distribution, or Use of Energy

    On May 18, 2001, the President issued Executive Order 13211 which 
requires agencies to prepare a Statement of Energy Effects for a rule 
that is (1) considered significant under Executive Order 12866, and (2) 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Because this rule is exempt from review 
under Executive Order 12866 and is not

[[Page 71446]]

expected to have a significant adverse effect on the supply, 
distribution, or use of energy, a Statement of Energy Effects is not 
required.

National Environmental Policy Act

    No environmental impact statement is required for this rule since 
agency decisions on proposed State AMLR plans and revisions thereof are 
categorically excluded from compliance with the National Environmental 
Policy Act (42 U.S.C. 4331 et seq.) 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. 
3501 et seq.).

Regulatory Flexibility Act

    The Department of the Interior certifies 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 
counterpart 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. In making the determination as to whether this rule would 
have a significant economic impact, the Department relied upon the data 
and assumptions for the counterpart Federal regulations.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not 
have an annual effect on the economy of $100 million; (b) will not 
cause a major increase in costs or prices for consumers, individual 
industries, Federal, State, or local government agencies, or geographic 
regions; (c) does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S. based enterprises to compete with foreign-based enterprises.
    This determination is based upon the fact that the State submittal 
which is the subject of this rule is based upon counterpart Federal 
regulations for which an analysis was prepared and a determination made 
that the Federal regulation was not considered a major rule.

Unfunded Mandates

    This rule will not impose an unfunded Mandate on State, local, or 
tribal governments or the private sector of $100 million or more in any 
given year. This determination is based upon the fact that the State 
submittal, which is the subject of this rule, is based upon counterpart 
Federal regulations for which an analysis was prepared and a 
determination made that the Federal regulation did not impose an 
unfunded mandate.

List of Subjects in 30 CFR Part 950

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

    Dated: October 7, 2005.
Allen D. Klein,
Regional Director, Western Region.
[FR Doc. 05-23399 Filed 11-28-05; 8:45 am]
BILLING CODE 4310-05-P
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