Rule2021-23292
Wyoming Abandoned Mine Land Reclamation Plan
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 26, 2021
Effective
November 26, 2021
Issuing agencies
Interior DepartmentSurface Mining Reclamation and Enforcement Office
Abstract
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Wyoming Abandoned Mine Land (AML) Reclamation Plan (hereinafter, the Wyoming Plan or Plan) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Wyoming proposed to repeal and replace its existing AML Plan in response to OSMRE's request to amend the Plan, as well as improve the Plan's readability and operational efficiency. These changes are being submitted in response to legislative and regulatory changes made under SMCRA.
Full Text
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<title>Federal Register, Volume 86 Issue 204 (Tuesday, October 26, 2021)</title>
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[Federal Register Volume 86, Number 204 (Tuesday, October 26, 2021)]
[Rules and Regulations]
[Pages 59019-59024]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23292]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 950
[SATS No. WY-048-FOR; Docket No. OSM-2020-0005]; S1D1S SS08011000
SX064A000 222S180110; S2D2S SS08011000 SX064A000 22XS501520]
Wyoming Abandoned Mine Land Reclamation Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are approving an amendment to the Wyoming Abandoned Mine Land
(AML) Reclamation Plan (hereinafter, the Wyoming Plan or Plan) under
the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the
Act). Wyoming proposed to repeal and replace its existing AML Plan in
response to OSMRE's request to amend the Plan, as well as improve the
Plan's readability and operational efficiency. These changes are being
submitted in response to legislative and regulatory changes made under
SMCRA.
DATES: Effective November 26, 2021.
FOR FURTHER INFORMATION CONTACT: Jeffrey Fleischman, Director Denver
Field Division, Office of Surface Mining Reclamation and Enforcement,
Dick Cheney Federal Building, 100 East B Street, Room 4100, Casper,
Wyoming 82601-1018. Telephone: (307) 261-6550.Email:
<a href="/cdn-cgi/l/email-protection#6309050f060a10000b0e020d230c100e11064d040c15"><span class="__cf_email__" data-cfemail="452f2329202c36262d28242b052a362837206b222a33">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background on the Wyoming AML Program
II. Submission of the Amendment
III. OSMRE's Findings
IV. Summary and Disposition of Comments
V. OSMRE's Decision
VI. Procedural Determinations
I. Background on the Wyoming AML Program
The AML 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 produced.
The reclamation fees collected, as well as additional appropriations,
are 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
Wyoming's 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).
OSMRE announced in the May 25, 1984, Federal Register (49 FR 22139),
the Director's decision accepting certification by Wyoming that it had
addressed all known coal-related impacts in the State that were
eligible for funding under the Wyoming Plan. Wyoming could then proceed
in reclaiming low priority noncoal projects. The Director accepted
Wyoming's proposal that it would seek immediate funding for reclamation
of any additional coal-related problems that occur during the life of
the Wyoming Plan. You can find later actions concerning Wyoming's Plan
and plan amendments at 30 CFR 950.35.
II. Submission of the Amendment
Under the authority of 30 CFR 884.15, OSMRE directed Wyoming to
update its Plan by letter dated March 6, 2019 (Document ID No. WY-053-
01). OSMRE indicated the Wyoming Plan needed revisions to meet the
requirements of SMCRA as revised on December 20, 2006 as part of the
Tax Relief and Health Care Act of 2006 (Pub. L. 109-432), and in
response to changes made to the implementing Federal regulations as
revised on November 14, 2008 (73 FR 67576) and February 5, 2015 (80 FR
[[Page 59020]]
6435). OSMRE provided Wyoming with a summary of changes to the Federal
program as well as a description of the potentially required Plan
amendments in the March 6, 2019 letter. By letter dated July 21, 2020
(Administrative Record No. WY-053-02), Wyoming submitted an amendment
to its Plan under SMCRA (30 U.S.C. 1201, et seq.). Wyoming's amendment
is intended to address all required changes identified in OSMRE's March
6, 2019 letter, as well as additional changes proposed at the State's
initiative to make the Wyoming Plan conform to principles of plain
language that would make the Plan more reader friendly. Wyoming's
amendment will repeal and replace Wyoming's existing Plan.
We announced receipt of the proposed amendment in the December 17,
2020, Federal Register (85 FR 81862). In the same document, we opened
the public comment period and provided an opportunity for a public
hearing or meeting on the adequacy of the amendment. We did not hold a
public hearing or meeting because none were requested. We received two
comments regarding the amendment. The public comment period ended on
January 19, 2021.
III. OSMRE's Findings
The following are the findings we made concerning Wyoming's
amendment to its Plan under SMCRA and the Federal regulations at 30 CFR
884.14 and 884.15. We are approving the amendment as described below.
Wyoming is repealing and replacing its entire AML Reclamation Plan
with a version that is structured similar to the Federal AML
Reclamation Plan content requirements for States found at 30 CFR
884.13. Wyoming's existing Plan is lengthy and difficult to navigate.
Wyoming has since reorganized the Plan (Administrative Record No. WY-
053-02) to make it more reader friendly by removing excess narrative
and instead incorporating required information by reference. For
example, Wyoming is removing and referencing Federal Register
documentation about its AML Program approval, Program, and Plan
revisions, and certification of completion of all known high priority
coal hazards. Removal and incorporation by reference is appropriate
because these documents are not required to be in the Wyoming Plan.
Furthermore, this approach decreases the overall length of the Plan,
prevents the need for additional revisions in the event of future
regulatory or statutory changes, and does not alter Wyoming's authority
or procedures for implementing its AML Program.
As such, the revised Plan (Administrative Record No. WY-053-02)
includes a table that lists all amendments in order of the date of
final publication in the Federal Register. In addition, Wyoming has
implemented the required changes identified in OSMRE's March 6, 2019
letter to satisfy Federal requirements. Updates consistent with the
2006 amendments to SMCRA under the Tax Relief and Health Care Act of
2006 (Pub. L. 109-432) and the associated changes to the implementing
Federal regulations on November 14, 2008 (73 FR 67576) and February 5,
2015 (80 FR 6435) have also been included. All changes to the Plan
(Administrative Record No. WY-053-02) are discussed below.
Wyoming's revised Plan (Administrative Record No. WY-053-02)
includes subsections entitled Background on Title IV of the Surface
Mining Control and Reclamation Act of 1977, Background on the Wyoming
Abandoned Mine Land Reclamation Plan, and Purpose of the 2020 Rewrite.
Although these sections are not required under the Federal program, it
provides background and context for Wyoming's certified AML Plan and
does not conflict with the AML Reclamation Plan requirements found
under 30 CFR 884.13.
Wyoming's revised Plan (Administrative Record No. WY-053-02) cites
Wyo. Stat. section 35-11-1201, passed by the Wyoming Legislature on
March 18, 1980, creating the Wyoming AML Program. This legislation
vested authority over the AML Program with the Director of the
Department of Environmental Quality (DEQ). Until April 1992,
implementation of the AML Program was handled by the Land Quality
Division within DEQ. On March 16, 1992, the Wyoming legislature created
the AML Division at DEQ, which gave this Division responsibility over
the AML Program. The program amendment to incorporate the 1992
statutory changes that created a separate AML Division was approved by
the OSMRE Director and published in the Federal Register on April 13,
1992 (57 FR 12731). Under this designation, the AML Division was also
authorized to receive and administer grants under 30 CFR part 886.
Because Wyoming's AML Program is now certified, it no longer receives
grant funding from OSMRE under 30 CFR part 886, but rather it receives
certified state grant funding under 30 CFR part 885.
Wyoming provided an updated January 3, 2020 legal opinion letter
from the State Attorney General, which confirms that the Wyoming DEQ
continues to have the legal authority to oversee and implement
Wyoming's AML Program. This is consistent with 30 CFR 884.14(a)(2).
Previous versions of this letter have been removed from Wyoming's Plan
(WY-053-02) because they are superseded by the new letter. The legal
opinion required by 30 CFR 884.13(a)(2) is attached as Appendix B in
the Plan (Administrative Record No. WY-053-02).
According to 30 CFR 884.13(a)(3), a State Reclamation Plan must
include a description of the policies and procedures to be followed by
the designated agency conducting the reclamation program, including the
purposes of the State reclamation program. Wyoming's Plan
(Administrative Record No. WY-053-02) includes a Policies and
Procedures section that provides a description and legal citation for
its AML Program which are consistent with 30 CFR 884.13(a)(3)
introductory text and (a)(3)(i).
Wyoming's revised Plan (Administrative Record No. WY-053-02)
includes a section titled Ranking and Selection, which provides
eligibility requirements and prioritization criteria for both coal and
noncoal hazards, as well as Public Facilities projects deemed necessary
for public health and safety by the Governor. In addition, this section
includes a discussion of Wyoming's prioritization matrix, which is used
by Wyoming to rank AML projects and reaffirms that any noncoal
reclamation activities will reflect the priorities under 30 CFR 875.15.
The prioritization matrix is included in Appendix F. The Ranking and
Selection section also indicates the first priority for reclamation
will be for high priority coal sites but reserves the Wyoming AML
Program's ability to reclaim noncoal land, water, and facilities as
allowed by Title IV, Section 411(b) through (g) (30 U.S.C. 1240a(b)-
(g)), with approval by OSMRE and after the issuance of an Authorization
to Proceed (ATP), which is required for all projects. This section is
consistent with the State Reclamation Plan requirements of 30 CFR
884.13(a)(3)(ii).
Wyoming's revised Plan (Administrative Record No. WY-053-02) also
incorporates via reference the provisions from 30 CFR 875.19 (80 FR
6435-6448), which extend limited liability protection to noncoal
reclamation projects as long as those projects are completed in
accordance with 30 CFR part 875 and do not result in damages as the
result of intentional misconduct or gross negligence. Furthermore, it
explains that
[[Page 59021]]
Reclamation projects will not be undertaken without first receiving an
ATP from OSMRE. This is in accordance with section 405(l) of SMCRA (30
U.S.C. 1235(l)) and consistent with 30 CFR 874.15 and 875.19.
Wyoming's revised Plan (Administrative Record No. WY-053-02)
includes a section titled AML Emergency Response, which acknowledges
that emergency conditions may arise at times which require quick
responses. This section outlines the processes by which such emergency
conditions are addressed, because the Wyoming AML Program does not have
an approved emergency response program under section 410 of SMCRA (30
U.S.C. 1240).
Under the section titled, Coordination with Other Programs, the
revised Plan (Administrative Record No. WY-053-02) lists the other
agencies and offices with which the Wyoming AML Program will coordinate
on a case-by-case basis during reclamation activities. These groups
include city and county governments, state agencies, OSMRE, other
Federal agencies, Tribes, and National Association of Abandoned Mine
Land Programs (NAAMLP) members. This section in the proposed Plan is
consistent with the requirements of 30 CFR 884.13(a)(3)(iii).
According to the section titled Land Acquisition, Management and
Disposal, the revised Wyoming Plan (Administrative Record No. WY-053-
02) incorporates all applicable Federal statutory sections by
reference, which ensures these activities will occur in accordance with
established Federal AML requirements. Thus, this section in Wyoming's
Plan is consistent with the requirements of 30 CFR 884.13(a)(3)(iv).
Wyoming's revised Plan (Administrative Record No. WY-053-02)
includes a section titled Reclamation on Private Land and Rights of
Entry, which indicates Wyoming will follow guidelines in Section 407 of
SMCRA (Acquisition and Reclamation of Land Adversely Affected by Past
Coal Mining Practices) (30 U.S.C. 1237) and Title 35, Chapter 11,
Section 1204 of the Wyoming Environmental Quality Act when undertaking
reclamation work on private land. Wyoming also states that consent for
entry will be obtained before Wyoming AML staff or its contractors
enter private land, but, if consent is denied, procedures outlined in
30 CFR 877 (Rights of Entry) and Title 35, Chapter 11, Section 1204 (d-
e) of the Wyoming Environmental Quality Act will be followed. Thus,
this section of Wyoming's revised Plan is consistent with the Plan
content requirements of 30 CFR 884.13(a)(3)(v) and (vi).
Wyoming's revised Plan (Administrative Record No. WY-053-02)
includes a section titled Public Participation, which details the State
and Federal laws the Wyoming AML Program must comply with pertaining to
public participation, scoping, and comments on proposed actions.
Because this section of the Plan provides the procedures and processes
the Wyoming AML Program will follow to ensure public involvement in its
reclamation program, this section is consistent with the Plan content
requirements of 30 CFR 884.13(a)(3)(vii).
As previously discussed, Wyoming's revised Plan (Administrative
Record No. WY-053-02) includes all required sections meeting the
requirements of 30 CFR 884.13(a)(3)(i) through (vii), to include: The
purposes of the State reclamation program; specific criteria for
ranking and identifying projects to be funded; the coordination of
reclamation work among the State reclamation program and all applicable
State and Federal agencies; policies and procedures regarding land
acquisition, management, and disposal; reclamation on private land;
rights of entry; and public participation in the State reclamation
program. As such, Wyoming's revised Plan (Administrative Record No. WY-
053-02) is consistent with the AML Reclamation Plan content
requirements found at 30 CFR 884.13(a)(3).
Federal regulations at 30 CFR 884.13(a)(4)(i) require a description
of the designated agency's organization and relationship to other State
entities that will participate in or augment the State's reclamation
capacity. Wyoming's revised Plan (Administrative Record No. WY-053-02)
includes a section titled Policies and Procedures, under which a
subsection, titled Department Structure, discusses these descriptions
and relationships and also provides an organizational chart that
depicts the Wyoming DEQ's AML Organization.
Federal regulations at 30 CFR 884.13(a)(4)(ii) require a
description of the personnel staffing policies which will govern the
assignment of personnel to the State reclamation program. Wyoming's
revised Plan (Administrative Record No. WY-053-02) includes a section
titled Staffing and Personnel Policies, which explains that the Wyoming
AML program will comply with all Federal statutes and requirements
relating to nondiscrimination. In addition, it outlines the hiring
practices, position qualifications, rules of behavior for employees,
and staffing levels that are controlled by budget acts approved by the
Wyoming Legislature. This change does not alter Wyoming's staffing and
personnel policies because it still provides the information required
under 30 CFR 884.13(a)(4)(ii), but in a more condensed format.
Federal regulations at 30 CFR 884.13(a)(4)(iii) require a
description of State purchasing and procurement systems to meet the
requirements of Office of Management and Budget Circular A-102,
Attachment 0. Federal grantmaking agencies were previously required to
issue a grants management common rule to adopt governmentwide terms and
conditions for grants to States and local governments. As a result, the
attachments to Circular A-102, including Attachment 0 referenced in 30
CFR 884.13(a)(4)(iii), have been replaced by the grants management
common rule at 2 CFR part 200. Although the Federal SMCRA regulations
have not yet been updated to reflect this change, it is reflected in
the revised Wyoming Plan (Administrative Record No. WY-053-02) under
the section titled Purchasing and Procurement, where Wyoming indicates
its purchasing and procurement policies are consistent with 2 CFR part
200. This section of the Plan provides descriptions of Wyoming's
purchasing and procurement rules, the bid process, and the use of
OSMRE's Federal Applicant Violator System (AVS) to determine the
eligibility of construction contractors and professional services
firms. As such, all of the descriptions in the Purchasing and
Procurement section of the revised Plan are consistent with the
requirements of 30 CFR 884.13(a)(4)(iii).
Federal regulations at 30 CFR 884.13(a)(4)(iv) require a
description of the accounting system to be used by the agency including
specific procedures for operation of the Abandoned Mine Reclamation
Fund. Wyoming's revised Plan (Administrative Record No. WY-053-02)
includes a section titled Accounting System, which discusses the
Wyoming Online Financial System (WOLFS) and how it conforms to 2 CFR
part 200. In addition, this section indicates that the DEQ, and more
specifically the AML Division, will safeguard all funds, property, and
assets in the reclamation program, submit programmatic and financial
reports to OSMRE as required, and explains how audits are conducted and
any recommendations implemented.
As previously discussed, Wyoming's revised Plan (Administrative
Record No. WY-053-02) includes all required sections meeting the
requirements of 30 CFR 884.13(a)(4)(i) through (iv) that
[[Page 59022]]
summarize overall AML Policies and Procedures, including Department
Structure, Staffing and Personnel Policies, Purchasing and Procurement,
and the Accounting System. As such, Wyoming's revised Plan
(Administrative Record No. WY-053-02) is consistent with the AML
Reclamation Plan content requirements found at 30 CFR 884.13(a)(4).
Wyoming's revised Plan (Administrative Record No. WY-053-02)
includes sections titled Description of Reclamation Activities [in
accordance with 30 CFR 884.13(a)(5)(i)], Wyoming AML Problems [in
accordance with 30 CFR 884.13(a)(5)(ii)], and Plan to Address Problems
[in accordance with 30 CFR 884.13(a)(5)(iii)], all of which provide
general descriptions derived from available data of the reclamation
activities to be conducted under the Wyoming Plan including: A map
showing the general location of known or suspected eligible lands and
waters; a description of the problems occurring on those lands and
waters; and how the Plan proposes to address each of the problems,
including descriptions of the hazard abatement strategies. Because
Wyoming is certified, the State has already completed all known high
priority coal hazards. Therefore, the revised maps and information
reflect the State's certified status, identifying historic mining areas
where AML hazards may occur, as well as general AML hazard types and
abatement strategies without identifying specific project areas.
Individual project approval and funding are appropriately handled
through the ATP process under 30 CFR 885.16(e). Thus, sections of
Wyoming's revised Plan titled Description of Reclamation Activities,
Wyoming AML Problems, and Plan to Address Problems are consistent with
the AML Plan content requirements of 30 CFR 884.13(a)(5).
Wyoming's revised Plan (Administrative Record No. WY-053-02)
includes sections titled: Geographic Areas of Wyoming; Wyoming Economic
Base (to include subsections of: Economy, Energy, Agriculture, Economic
Diversification, Population, Labor Force, and Unemployment Rate);
Significant Esthetic, Historic or Cultural, and Recreational Values; as
well as Endangered and Threatened Plant, Fish, and Wildlife, and
Habitat. These sections all provide a general description, derived from
available data, of the conditions prevailing in the different
geographic areas of the State where reclamation is planned. The
available data is derived from the Bureau of Labor and Department of
Energy, as well as other State and Federal agencies, such as the
Wyoming Game and Fish Department and the U.S. Fish and Wildlife
Service. In addition, a map is included which indicates the locations
of Wyoming coal fields. Thus, Wyoming's revised Plan provides
descriptions of the prevailing conditions in the State where
reclamation may occur consistent with the requirements of 30 CFR
884.13(a)(6).
Wyoming's revised Plan (Administrative Record No. WY-053-02)
includes a section titled Additional Requirement for Certified States
and Indian Tribes, which provides a commitment to address all eligible
coal problems found or occurring after certification as required under
30 CFR 875.13(a)(3) and 875.14(b). In addition, this section expands
upon the prioritization matrix used by Wyoming to rank AML projects,
which is found in Appendix F. Wyoming indicates it will prioritize coal
hazards over noncoal hazards unless a noncoal hazard site ranks as a
high human health or safety hazard, in which case such a project will
be prioritized in tandem with coal projects. This will allow for
reclamation of both coal and noncoal projects to be conducted on
parallel schedules without impacting Wyoming's response cycles on coal
problems. By committing to give priority to addressing eligible coal
problems found or occurring after certification as required in 30 CFR
875.13(a)(3) and 875.14(b), Wyoming's revised Plan is consistent with
the AML Plan content requirements of 30 CFR 884.13(b).
Finally, Wyoming's revised Plan (Administrative Record No. WY-053-
02) includes six Appendices. Appendix A, titled Public Records
Regulation, incorporates new language into the Wyoming Plan regarding
public records, which reflects a change to the Wyoming AML regulations
approved by state statute in 2018. Appendix B, titled Legal Opinion,
provides an updated letter from the Office of the Attorney General that
confirms that the Wyoming DEQ continues to have the legal authority to
oversee and implement Wyoming's AML Program. Appendix C, titled Policy
and Purpose of the Environmental Quality Act, provides the Wyoming
statutes and general provisions regarding public health and safety
under which the Wyoming AML Division operates. Appendix D, titled
Historic Documents, provides a bulletized list of the history of the
Wyoming AML Program, including the original approval of the program,
the State's certification, subsequent amendments, and other State
legislation related to the AML Program. Appendix E, titled Census Data,
provides population characteristics, businesses, and geographical
information for Wyoming. Appendix F, titled Priority Ranking Matrix,
provides an example of the ranking criteria and weight factors which
are used to calculate a weighted sum, which is then used to rank AML
projects by priority.
Thus, we find that Wyoming's revised Plan (Administrative Record
No. WY-053-02), as amended, meets all content requirements stipulated
under 30 CFR 884.13 while also updating the Plan to be consistent with
changes made to the Federal program in 2006, 2008, and 2015.
Furthermore, Wyoming's revised Plan meets the requirements of OSMRE's
March 6, 2019 letter, and any removals of outdated content support
Wyoming's goal of streamlining its Plan to make it more reader
friendly. We, therefore, approve these changes and the Plan.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on Wyoming's amendment. One comment
(Administrative Record No. WY-053-08) was received, which expressed a
concern that the public would not be allowed to provide comments on the
Federal Register in the future, which would therefore not allow the
American people to have a general say in the future of the coal
industry and regulations being put in place, thereby causing issues
related to climate change. This comment appeared to be directed toward
the DEQ's Regulatory Program for active operating mines, rather than
the Wyoming AML Program, and the comment did not address the Wyoming
Plan amendment. Furthermore, public comment on Federal Register notices
involving amendments to State programs is routinely sought and allowed.
Federal Agency Comments
On August 25, 2020, under 30 CFR 732.17(h)(11)(i) and section
503(b) of SMCRA, we requested comments on Wyoming's amendment from
various Federal agencies with an actual or potential interest in the
Wyoming AML Program, including its Plan (Administrative Record No. WY-
053-04). We received one comment. In a letter dated September 17, 2020
(Administrative Record No. WY-053-07), the Wyoming Game and Fish
Department (WGFD) stated the list of threatened and endangered species
on pages 17-18 of the revised Plan did not include the Kendall Warm
Springs Dace and several other threatened and
[[Page 59023]]
endangered species in Wyoming. The WGFD recommended contacting the U.S.
Fish and Wildlife Service to obtain an updated list of all threatened
and endangered species in the State, which Wyoming DEQ did, and this
updated list of species is now reflected in the revised Plan.
Environmental Protection Agency (EPA) Concurrence and Comments
OSMRE solicited the EPA's comments on the proposed amendment
(Administrative Record No. WY-053-04). The EPA did not respond to our
request.
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
OSMRE solicited comments on the proposed amendment from the SHPO
(Administrative Record No. WY-053-04) and the ACHP (Administrative
Record No. WY-053-04). The SHPO did not respond to our request. By
email dated January 4, 2021 (Administrative Record No. WY-053-09), the
ACHP indicated its belief that the revised Wyoming Plan did not have
any involvement with OSMRE's National Historic Preservation Act Section
106 review process in Wyoming, and therefore ACHP did not have any
comments on the Plan. OSMRE agrees with ACHP's assessment that the
revised Wyoming Plan does not alter OSMRE's Section 106 review process
in Wyoming.
V. OSMRE's Decision
Based on the above findings, we are approving Wyoming's Plan
amendment that was submitted on July 21, 2020. To implement this
decision, we are amending the Federal regulations at 30 CFR part 950
that codify decisions concerning the Wyoming Plan. In accordance with
the Administrative Procedure Act, this rule will take effect 30 days
after the date of publication. Section 405(a) of SMCRA requires that
each State with an AML program must have an approved State regulatory
program pursuant to section 503 of the Act. Section 503(a) of the Act
requires that the State's program demonstrate that the State has the
capability of carrying out the provisions of the Act and meeting its
purposes. SMCRA requires consistency of State and Federal standards.
VI. Procedural Determinations
Executive Order 12630--Governmental Actions and Interference With
Constitutionally Protected Property Rights
This rule will not affect a taking of private property or otherwise
have taking implications that would result in public property being
taken for government use without just compensation under the law.
Therefore, a takings implication assessment is not required. This
determination is based on an analysis of the corresponding Federal
regulations.
Executive Orders 12866--Regulatory Planning and Review and 13563--
Improving Regulation and Regulatory Review
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs in the Office of Management and Budget (OMB) will
review all significant rules. Pursuant to OMB guidance, dated October
12, 1993, the approval of State program amendments is exempted from OMB
review under Executive Order 12866. Executive Order 13563, which
reaffirms and supplements Executive Order 12866, retains this
exemption.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has reviewed this rule as required
by Section 3(a) of Executive Order 12988. The Department has determined
that this Federal Register notice meets the criteria of Section 3 of
Executive Order 12988, which is intended to ensure that the agency
review its legislation and regulations to minimize litigation; and that
the agency's legislation and regulations provide a clear legal standard
for affected conduct, rather than a general standard, and promote
simplification and burden reduction. Because Section 3 focuses on the
quality of Federal legislation and regulations, the Department limited
its review under this Executive Order to the quality of this Federal
Register document and to changes to the Federal regulations. The review
under this Executive Order did not extend to the language of the
Wyoming Plan or to the Plan amendment that the State of Wyoming
submitted.
Executive Order 13132--Federalism
This rule is not a ``policy that [has] Federalism implications'' as
defined by Section 1(a) of Executive Order 13132 because it does not
have ``substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.''
Instead, this rule approves an amendment to the Wyoming Plan submitted
and drafted by that State. OSMRE reviewed the submission with
fundamental federalism principles in mind as set forth in Section 2 and
3 of the Executive Order and with the principles of cooperative
federalism as set forth in SMCRA. See, e.g., 30 U.S.C. 1201(f). As
such, pursuant to section 503(a)(1) and (7) (30 U.S.C. 1253(a)(1) and
(7)), OSMRE reviewed Wyoming's amendment to ensure that it is ``in
accordance with'' the requirements of SMCRA and ``consistent with'' the
regulations issued by the Secretary pursuant to SMCRA.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
The Department of the Interior strives to strengthen its
government-to-government relationship with Tribes through a commitment
to consultation with Tribes and recognition of their right to self-
governance and tribal sovereignty. We have evaluated this rule under
the Department's consultation policy and under the criteria in
Executive Order 13175 and have determined that it has no substantial
direct effects on federally recognized Tribes or on the distribution of
power and responsibilities between the Federal government and Tribes.
Therefore, consultation under the Department's tribal consultation
policy is not required. The basis for this determination is that our
decision is on the Wyoming program that does not include Tribal lands
or regulation of activities on Tribal lands. Tribal lands are regulated
independently under the applicable, approved Federal program.
Executive Order 13211--Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
Executive Order 13211 requires agencies to prepare a Statement of
Energy Effects for a rulemaking 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
significant energy action under the definition in Executive Order
13211, a Statement of Energy Effects is not required.
[[Page 59024]]
National Environmental Policy Act
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. We are not required to
provide a detailed statement under the National Environmental Policy
Act of 1969 (NEPA) because this rule qualifies for a categorical
exclusion under the U.S. Department of the Interior Departmental
Manual, part 516, section 13.5(B)(29).
National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (15 U.S.C. 3701 et seq.) directs OSMRE to use voluntary consensus
standards in its regulatory activities unless to do so would be
inconsistent with applicable law or otherwise impractical. OMB Circular
A-119 at p. 14. This action is not subject to the requirements of
section 12(d) of the NTTAA because application of those requirements
would be inconsistent with SMCRA.
Paperwork Reduction Act
This rule does not include requests and requirements of an
individual, partnership, or corporation to obtain information and
report it to a Federal agency. As this rule does not contain
information collection requirements, a submission to the Office of
Management and Budget under the Paperwork Reduction Act (44 U.S.C. 3501
et seq.) is not required.
Regulatory Flexibility Act
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 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. 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 corresponding
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 on an analysis of the
corresponding Federal regulations, which were determined not to
constitute a major rule.
Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
Tribal governments, or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local, or Tribal governments or the private sector. This determination
is based on an analysis of the corresponding Federal regulations, which
were determined not to impose an unfunded mandate. Therefore, a
statement containing the information required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not required.
List of Subjects in 30 CFR Part 950
Intergovernmental relations, Surface mining, Underground mining.
David Berry,
Regional Director, Interior Unified Regions 5, 7-11.
For the reasons set out in the preamble, 30 CFR part 950 is amended
as set forth below:
PART 950--WYOMING
0
1. The authority citation for part 950 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
2. Section 950.35 is amended in the table by adding an entry in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 950.35 Approval of Wyoming abandoned mine land reclamation plan
amendments.
* * * * *
----------------------------------------------------------------------------------------------------------------
Original amendment submission date Date of final publication Citation/description
----------------------------------------------------------------------------------------------------------------
* * * * * * *
July 21, 2020..................... October 26, 2021................. Repeal and replace Certified AML Plan.
Response to 884 letter and State
initiative streamlining of Plan to be
consistent with changes to federal
program and extends limited liability
protection for certain coal and noncoal
reclamation projects.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2021-23292 Filed 10-25-21; 8:45 am]
BILLING CODE 4310-05-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.