Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Proposed Rules 71441 

SMCRA (30 U.S.C. 1253 and 1255) and 

the Federal regulations at 30 CFR 

730.11, 732.15, and 732.17(h)(10), 

decisions on proposed State regulatory 

programs and program amendments 

submitted by the States must be based 

solely on a determination of whether the 

submittal is consistent with SMCRA and 

its implementing Federal regulations 

and whether the other requirements of 

30 CFR Parts 730, 731, and 732 have 

been met. 

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. 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 

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 regulatory 

programs and amendments thereof are 

categorically excluded from compliance 

with the National Environmental Policy 

Act (42 U.S.C. 4321 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) of 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 926 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: October 27, 2005. 

James F. Fulton, 

Acting Regional Director, Western Region. 

[FR Doc. 05–23396 Filed 11–28–05; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 943 

[Docket No. TX–055–FOR] 

Texas Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Proposed rule; public comment 

period and opportunity for public 

hearing on proposed amendment. 

SUMMARY: We, the Office of Surface 

Mining Reclamation and Enforcement 

(OSM), are announcing receipt of a 

proposed amendment to the Texas 

regulatory program (Texas program) 

under the Surface Mining Control and 

Reclamation Act of 1977 (SMCRA or the 

Act). Texas proposes revisions to and 

additions of regulations and statutes 

regarding the State’s annual fees that are 

required from coal mining permit 

holders. In addition to the current 

annual fee, Texas proposes to add two 

new annual fees. Texas intends to revise 

its program to reduce the economic cost 

to the coal mining industry as a whole 

and to require coal mining permit 

holders that have ceased mining to pay 

annual fees. 

This document gives the times and 

locations that the Texas program and 

proposed amendment to that program 

are available for your inspection, the 

comment period during which you may 

submit written comments on the 

amendment, and the procedures that we 

will follow for the public hearing, if one 

is requested. 

DATES: We will accept written 

comments on this amendment until 4 

p.m., c.t., December 29, 2005. If 

71442 Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Proposed Rules 

requested, we will hold a public hearing 

on the amendment on December 27, 

2005. We will accept requests to speak 

at a hearing until 4 p.m., c. t. on 

December 14, 2005. 

ADDRESSES: You may submit comments, 

identified by Docket No. TX–055–FOR, 

by any of the following methods: 

• E-mail: mwolfrom@osmre.gov. 

Include ‘‘Docket No. TX–055–FOR’’ in 

the subject line of the message. 

• Mail/Hand Delivery: Michael C. 

Wolfrom, Director, Tulsa Field Office, 

Office of Surface Mining Reclamation 

and Enforcement, 5100 East Skelly 

Drive, Suite 470, Tulsa, Oklahoma 

74135–6547. 

• Fax: (918) 581–6419. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. 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: For access to the docket to 

review copies of the Texas program, this 

amendment, a listing of any scheduled 

public hearings, and all written 

comments received in response to this 

document, you must go to the address 

listed below during normal business 

hours, Monday through Friday, 

excluding holidays. You may receive 

one free copy of the amendment by 

contacting OSM’s Tulsa Field Office. 

Michael C. Wolfrom, Director, Tulsa 

Field Office, Office of Surface Mining 

Reclamation and Enforcement, 5100 

East Skelly Drive, Suite 470, Tulsa, 

Oklahoma 74135–6547. 

Telephone: (918) 581–6430. E-mail: 

mwolfrom@osmre.gov. 

In addition, you may review a copy of 

the amendment during regular business 

hours at the following location: Surface 

Mining and Reclamation Division, 

Railroad Commission of Texas, 1701 

North Congress Avenue, Austin, Texas 

78711–2967. 

Telephone: (512) 463–6900. 

FOR FURTHER INFORMATION CONTACT: 

Michael C. Wolfrom, Director, Tulsa 

Field Office. Telephone: (918) 581–

6430. E-mail: mwolfrom@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Texas Program 

II. Description of the Proposed Amendment 

III. Public Comment Procedures 

IV. Procedural Determinations 

I. Background on the Texas Program 

Section 503(a) of the Act permits a 

State to assume primacy for the 

regulation of surface coal mining and 

reclamation operations on non-Federal 

and non-Indian lands within its borders 

by demonstrating that its program 

includes, among other things, ‘‘a State 

law which provides for the regulation of 

surface coal mining and reclamation 

operations in accordance with the 

requirements of this Act * * *; and 

rules and regulations consistent with 

regulations issued by the Secretary 

pursuant to this Act.’’ See 30 U.S.C. 

1253(a)(1) and (7). On the basis of these 

criteria, the Secretary of the Interior 

conditionally approved the Texas 

program effective February 16, 1980. 

You can find background information 

on the Texas program, including the 

Secretary’s findings, the disposition of 

comments, and the conditions of 

approval of the Texas program in the 

February 27, 1980, Federal Register (45 

FR 12998). You can also find later 

actions concerning the Texas program 

and program amendments at 30 CFR 

943.10, 943.15 and 943.16. 

II. Description of the Proposed 

Amendment 

By letter dated October 6, 2005 

(Administrative Record No. TX–660), 

Texas sent us an amendment to its 

program under SMCRA (30 U.S.C. 1201 

et seq.). Texas sent the amendment at its 

own initiative. Below is a summary of 

the changes proposed by Texas. The full 

text of the program amendment is 

available for you to read at the locations 

listed above under ADDRESSES. 

A. Revisions to Texas’ Statutes 

Section 134.055 of the Texas Natural 

Resources Code currently requires each 

permit holder to pay an annual mined 

acreage fee for each acre of land in the 

permit area on which the permit holder 

actually conducted operations for 

removing coal during the year. 

Presently, this fee cannot be less than 

$120.00 per acre. Texas proposes to 

revise section 134.055 by eliminating 

the $120.00 per acre minimum fee and 

allowing the Railroad Commission of 

Texas (Commission) to determine the 

amount of this fee. Texas also proposes 

to add two new annual fees; a mining 

permit fee for mining permits in effect 

at the end of a calendar year and a bond 

acreage fee for each acre of land in the 

bonded permit area. Texas proposes to 

allow the Commission to determine the 

amount of each of the two new annual 

fees. 

B. Revisions to Texas’ Regulations 

Texas proposes to revise its 

regulations at 16 Texas Administrative 

Code (TAC) 12.108, regarding permit 

fees, to implement the above proposed 

statutory amendments. 

Texas proposes to add the title, 

‘‘Application Fees,’’ and the title, 

‘‘Annual Fees,’’ to paragraph (a) and 

paragraph (b), respectively, and to 

require the fees due and payable no later 

than March 15th of the year following 

the year for which these fees are 

applicable. 

Texas also proposes to reduce the 

current annual mined acreage fee from 

$390.00 per acre to $160.00 per acre for 

each acre of land within the permit area 

on which coal or lignite was actually 

removed during the calendar year. In 

addition, Texas proposes to add a new 

bond acreage fee and proposes to set it 

at $3.00 per acre for each acre of land 

within a permit area covered by a 

reclamation bond on December 31st of 

the year. Finally, Texas proposes to add 

a new mining permit fee and proposes 

to set it at $3,550.00 for each permit in 

effect on December 31st of the year. 

III. Public Comment Procedures 

Under the provisions of 30 CFR 

732.17(h), we are seeking your 

comments on whether the amendment 

satisfies the applicable program 

approval criteria of 30 CFR 732.15. If we 

approve the amendment, it will become 

part of the State program. 

Written Comments 

Send your written or electronic 

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. We will not consider 

or respond to your comments when 

developing the final rule if they are 

received after the close of the comment 

period (see DATES). We will make every 

attempt to log all comments into the 

administrative record, but comments 

delivered to an address other than the 

Tulsa Field Office may not be logged in. 

Electronic Comments 

Please submit Internet comments as 

an ASCII or Word file avoiding the use 

of special characters and any form of 

encryption. Please also include ‘‘Attn: 

Docket No. TX–055–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 Tulsa 

Field Office at (918) 581–6430. 

Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Proposed Rules 71443 

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., c.t. on December 14, 2005. If you 

are disabled and need special 

accommodations to attend a public 

hearing, 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 

a hearing. 

To assist the transcriber and ensure an 

accurate record, we request, if possible, 

that each person who speaks at the 

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 are 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. 

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 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 regulatory 

programs and program amendments 

because each program is drafted and 

promulgated by a specific State, not by 

OSM. Under sections 503 and 505 of 

SMCRA (30 U.S.C. 1253 and 1255) and 

the Federal regulations at 30 CFR 

730.11, 732.15, and 732.17(h)(10), 

decisions on proposed State regulatory 

programs and program amendments 

submitted by the States must be based 

solely on a determination of whether the 

submittal is consistent with SMCRA and 

its implementing Federal regulations 

and whether the other requirements of 

30 CFR parts 730, 731, and 732 have 

been met. 

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 Federallyrecognized 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. 

This determination is based on the fact 

that the Texas program does not regulate 

coal exploration and surface coal 

mining and reclamation operations on 

Indian lands. Therefore, the Texas 

program has no effect on Federallyrecognized Indian tribes. 

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 

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 

This rule does not require an 

environmental impact statement 

because section 702(d) of SMCRA (30 

U.S.C. 1292(d)) provides that agency 

decisions on proposed State regulatory 

program provisions do not constitute 

major Federal actions within the 

meaning of section 102(2)(C) of the 

National Environmental Policy Act (42 

U.S.C. 4332(2)(C)). 

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 

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 

71444 Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Proposed Rules 

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; and (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 943 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: November 1, 2005. 

Charles E. Sandberg, 

Regional Director, Mid-Continent Region. 

[FR Doc. 05–23402 Filed 11–28–05; 8:45 am] 

BILLING CODE 4310–05–P 

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. 

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: rbuckley@osmre.gov. 

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: 

RBuckley@osmre.gov. 

• 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: RBuckley@osmre.gov. 

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: egreen@state.wy.us. 

FOR FURTHER INFORMATION CONTACT: 

Acting Field Office Director Richard W. 

Buckley. Telephone: 307/261–6550. Email: RBuckley@osmre.gov. 

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.)