Rule2022-00513
Abandoned Mine Land Reclamation Fee
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
January 14, 2022
Effective
January 14, 2022
Issuing agencies
Interior DepartmentSurface Mining Reclamation and Enforcement Office
Abstract
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are revising our regulations for the Abandoned Mine Reclamation Fund (AML Fund). This rule revises our regulations to be consistent with the Infrastructure Investment and Jobs Act (IIJA), which was signed into law on November 15, 2021, and which included the Abandoned Mine Land Reclamation Amendments of 2021 (the 2021 amendments). The rule reflects the extension of our statutory authority to collect reclamation fees for an additional thirteen years and to reduce the fee rates. In addition, we are revising our rule provisions to reflect the statutory extension of the dates when moneys derived from these fees will be available to eligible States and Tribes for grant distributions.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 10 (Friday, January 14, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 10 (Friday, January 14, 2022)]
[Rules and Regulations]
[Pages 2341-2347]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00513]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Parts 870 and 872
[Docket ID: OSM 2021-0008; S1D1S SS08011000 SX064A000 221S180110; S2D2S
SS08011000 SX064A000 22XS501520]
RIN 1029-AC83
Abandoned Mine Land Reclamation Fee
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Interim final rule, request for comments.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are revising our regulations for the Abandoned Mine
Reclamation Fund (AML Fund). This rule revises our regulations to be
consistent with the Infrastructure Investment and Jobs Act (IIJA),
which was signed into law on November 15, 2021, and which included the
Abandoned Mine Land Reclamation Amendments of 2021 (the 2021
amendments). The rule reflects the extension of our statutory authority
to collect reclamation fees for an additional thirteen years and to
reduce the fee rates. In addition, we are revising our rule provisions
to reflect the statutory extension of the dates when moneys derived
from these fees will be available to eligible States and Tribes for
grant distributions.
DATES: Effective January 14, 2022. Comments will be accepted until
February 14, 2022.
ADDRESSES: You may submit comments by one of the following methods:
Federal e-Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
instructions for submitting comments to Docket No. OSM-2021-0008.
Please note that if you are using the Federal eRulemaking Portal, the
deadline for submitting electronic comments is 11:59 p.m. Eastern
Standard Time on the comment due date.
Mail: Address comment to Public Comments Processing, Attn: Docket
No. OSM-2021-0008; Office of Surface Mining Reclamation and
Enforcement, 1849 C Street NW, Mail Stop 4558, Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: Harry Payne, Office of Surface Mining
Reclamation and Enforcement, 1849 C Street NW, Mail Stop 4558,
Washington, DC 20240; Telephone (202) 208-5683. Email:
<a href="/cdn-cgi/l/email-protection#1870687961767d58776b756a7d367f776e"><span class="__cf_email__" data-cfemail="e38b93829a8d86a38c908e9186cd848c95">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
A. How did the reclamation fee work before the 2021 amendments?
B. How did the 2021 amendments change the reclamation fee and
the annual AML grant distributions?
II. Administrative Procedure Act
A. Why is the rule being published on an interim final basis?
B. How does the rule operate?
III. Procedural Matters
A. Congressional Review Act
B. Regulatory Planning and Review (Executive Orders 12866 and
13563)
C. Regulatory Flexibility Act
D. Small Business Regulatory Enforcement Fairness Act
E. Unfunded Mandates Reform Act
F. Takings (Executive Order 12630)
G. Federalism (Executive Order 13132)
H. Civil Justice Reform (Executive Order 12988)
I. Consultation With Indian Tribes (Executive Order 13175 and
Departmental Policy)
J. Paperwork Reduction Act
K. National Environmental Policy Act
L. Effects on Energy Supply, Distribution, and Use (Executive
Order 13211)
M. Clarity of This Regulation
N. Data Quality Act
O. National Technology Transfer and Advancement Act
P. Protection of Children From Environmental Health Risks and
Safety Risks (Executive Order 13045)
I. Background
A. How did the reclamation fee work before the 2021 amendments?
Title IV of the Surface Mining Control and Reclamation Act of 1977
(SMCRA)
[[Page 2342]]
created the AML Fund, which is funded primarily by a reclamation fee
(also known as the AML fee) assessed on each ton of coal produced in
the United States and which, among other things, provides funding to
eligible States and Tribes for the reclamation of coal mining sites
abandoned or left in an inadequate reclamation status as of August 3,
1977. As originally enacted, section 402(a) of SMCRA fixed the
reclamation fee at 35 cents per ton (or 10 percent of the value of the
coal, whichever was less) for coal other than lignite produced by
surface mining methods, 15 cents per ton (or 10 percent of the value of
the coal, whichever was less) for coal other than lignite produced from
underground mines, and 10 cents per ton (or 2 percent of the value of
the coal, whichever was less) for lignite. Section 402(b) of SMCRA
first authorized collection of reclamation fees for 15 years following
the date of SMCRA's enactment (August 3, 1977). Congress extended our
fee collection authority through September 30, 1995, in the Omnibus
Budget Reconciliation Act of 1990 (Pub. L. 101-508, 104 Stat. 1388,
Sec. 6003(a)). The Energy Policy Act of 1992 (Pub. L. 102-486, 106
Stat. 2776, 3056, Sec. 19143(b)(1) of Title XIX), extended our fee
collection authority through September 30, 2004. A series of short
interim extensions in appropriations and other acts extended our fee
collection authority through September 30, 2007.
The Surface Mining Control and Reclamation Act Amendments of 2006
(the 2006 amendments) were signed into law on December 20, 2006, as
part of the Tax Relief and Health Care Act of 2006 (Pub. L. 109-432,
120 Stat. 2922). The 2006 amendments extended our fee collection
authority under section 402(b) through September 30, 2021, and reduced
the reclamation fee rates in section 402(a) by 10 percent for the
period from October 1, 2007, through September 30, 2012, and an
additional 10 percent from the original levels for the period from
October 1, 2012, through September 30, 2021. Therefore, the fee rates
from October 1, 2012, through September 30, 2021, required coal mine
operators to pay 28 cents per ton (or 10 percent of the value of the
coal, whichever was less) for coal other than lignite produced by
surface mining methods, 12 cents per ton (or 10 percent of the value of
the coal, whichever was less) for coal other than lignite produced from
underground mines, and 8 cents per ton (or 2 percent of the value of
the coal, whichever was less) for lignite. OSMRE notified operators of
the change in fee rates resulting from the 2006 amendments in January
and September 2007. On November 14, 2008, OSMRE promulgated final
regulations at 30 CFR part 870 and 872 to codify these changes and
other revisions made by the 2006 amendments (73 FR 67576).
B. How did the 2021 amendments change the reclamation fee and the
annual AML grant distributions?
The 2021 amendments, signed into law on November 15, 2021, as part
of the Infrastructure Investment and Jobs Act (Pub. L. 117-58, 135
Stat. 429), extended our fee collection authority under section 402(b)
through September 30, 2034, and reduced reclamation fee rates in
section 402(a) by 20 percent from the prior rates. Therefore, for the
calendar quarter beginning October 1, 2021, the current rates require
operators to pay 22.4 cents per ton (or 10 percent of the value of the
coal, whichever is less) for coal other than lignite produced by
surface mining methods, 9.6 cents per ton (or 10 percent of the value
of the coal, whichever is less) for coal other than lignite produced
from underground mines, and 6.4 cents per ton (or 2 percent of the
value of the coal, whichever is less) for lignite.
In addition, the 2021 amendments extended the current annual AML
grant distributions to both uncertified and certified States and
Tribes. (A State or Tribe ``certifies'' under section 411(a) of SMCRA
(30 U.S.C. 1240a) when it has completed all known coal AML priorities.)
Specifically, the 2021 amendments revised section 401(f)(2) of SMCRA to
extend our annual grant distributions from the AML Fund to eligible
uncertified States and Tribes by 13 years. The extension of our fee
collection authority in section 402(b) also had the effect of extending
the AML grant distributions from general Treasury funds (i.e.,
certified in lieu funds) to certified States and Tribes by 13 years as
provided in sections 402(i)(2) and 411(h)(2) of SMCRA (30 U.S.C.
1232(i)(2) and 1240a(h)(2)).
While we consider the 2021 amendments to be self-executing, some of
our current regulations are inconsistent with these provisions. To
provide consistency between our regulations and the 2021 amendments and
to clarify that fee collections continue without interruption at the
reduced rates and annual AML grant distributions to eligible States and
Tribes based on fee collections continue using the formula described in
section 401(f) of SMCRA and 402(i)(2), we are publishing an interim
final rule, which will be effective immediately upon publication. The
interim final rule we are promulgating today will revise 30 CFR parts
870 and 872 to reflect the reduction in reclamation fee rates and the
extension of our fee collection authority and annual AML grant
distributions.
The purpose of this interim final rule is to codify these revisions
to make the regulations consistent with SMCRA, as amended by the
Infrastructure Investment and Jobs Act, and allow the public to comment
on the rule. As we are amending our regulations under an interim final
rule, we will forgo issuing a proposed rule. The interim final rule
will take effect on the date specified above in DATES, with public
comment to conclude as set forth in DATES. If necessary, the interim
final rule may be revised based on public comments received. Any final
rule will contain responses to comments received on the interim final
rule, state the final regulatory provisions, and provide the
justification for those provisions.
II. Administrative Procedure Act
A. Why is the rule being published on an interim final basis?
OSMRE is promulgating this interim final rule solely to accurately
reflect the requirements of sections 40702 and 40703 of the
Infrastructure Investment and Jobs Act. These provisions amended
subsections (a) and (b) of section 402 of SMCRA (30 U.S.C. 1232) to
reduce reclamation fee rates by 20 percent and extend our fee
collection authority through September 30, 2034, which extends AML
grants to eligible States and Tribes from Treasury funds as provided in
sections 402(i)(2) and 411(h)(2). The 2021 amendments further changed
subparagraphs (A) and (B) of section 401(f)(2) of SMCRA (30 U.S.C.
1231(f)(2)) to extend the annual AML distribution dates for grants to
eligible States and Tribes from the AML Fund. To avoid confusion, OSMRE
is also making a clarifying change to the introductory section of 30
CFR 872.27(a)(2). OSMRE is not making any other changes to the
regulations at 30 CFR subchapter R.
As previously noted, OSMRE is promulgating this rule on an interim
final basis as authorized by the Administrative Procedure Act (APA) at
5 U.S.C. 553(b)(3)(B). This provision of the APA provides a ``good
cause'' exemption that allows an agency to issue a rule without prior
notice or opportunity for public comment ``when the agency for good
cause finds (and incorporates the finding and a brief statement of the
reasons therefor in the rules issued) that notice and public procedure
thereon are impracticable, unnecessary, or contrary to the public
[[Page 2343]]
interest.'' An additional exemption at 5 U.S.C. 553(d)(3) allows an
agency to publish a rule less than 30 days before its effective date
``for good cause found and published with the rule.''
OSMRE finds that promulgation of this interim final rule, effective
upon publication and without prior notice or opportunity to comment,
meets the good cause threshold because those procedures are
``impracticable, unnecessary, or contrary to the public interest'' with
respect to this rule and also meets the good cause threshold for
exempting the rule from the 30-day waiting period before a rule goes
into effect. 5 U.S.C. 553(b)(3)(B); 553(d)(3). The revisions to our
regulations made by this interim final rule are made only to conform
our existing regulations to the changes to the AML fee rate and our fee
collection authority, as well as the extension of the annual AML
grants, made by the Infrastructure Investment and Jobs Act. With this
interim final rule, OSMRE is not exercising any discretion and is
simply conforming its rules to the requirements contained within the
new statute; therefore, public notice and comment is impracticable and
unnecessary.
Furthermore, it is in the public interest because this rule revises
out-of-date regulations to conform to the changes made by the 2021
amendments. These changes provide clarity and avoid the confusion that
might otherwise result from stale regulatory provisions that are
inconsistent with current law. The concurrent extension of our fee
collection authority and reduction in reclamation fee rates, if not
clearly understood by coal mine operators, could result in delayed
payment of reclamation fees, which could subject operators to late
payment penalties and potentially affect annual AML grant distributions
to States and Tribes (30 U.S.C. 1231(f) and 1232(i)(2)) or estimated
interest payments to the UMWA Health and Retirement Funds' health care
plans (30 U.S.C. 1232(h)). Conversely, confusion over reclamation fee
rates could also result in overpayments based on the previous, higher
reclamation fee rate, which may require OSMRE to process refunds and
reduce administrative efficiency. For these reasons, we are availing
ourselves of the good cause exemptions at 5 U.S.C. 553(b)(3)(B) and
553(d)(3) and providing notice and an opportunity for public comment
after the effective date of this interim final rule, which will be
considered in the development of any subsequent final rule.
B. How does the rule operate?
This interim final rule revises our regulations to be consistent
with the 2021 amendments, which extend our statutory authority to
collect reclamation fees for an additional 13 years, reduce reclamation
fee rates, and extend the dates when annual grant funding will be
available to eligible States and Tribes. Similar to the explanation in
the proposed rule for the 2006 SMCRA amendments, this rule retains
certain expired fee rates at 30 CFR 870.13 for historical purposes and
for use in future audits of production from the years in which those
rates applied. See 73 FR 35214, 35219 (June 20, 2008). This rule also
makes a clarifying change to 30 CFR 872.27(a)(2).
III. Procedural Matters
A. Congressional Review Act
Pursuant to the Congressional Review Act, 5 U.S.C. 801 et seq., the
Office of Information and Regulatory Affairs (OIRA) of the Office of
Management and Budget (OMB) has determined that this rulemaking is not
a major rulemaking, as defined by 5 U.S.C. 804(2), because this
rulemaking has not resulted in, and is unlikely to result in: (1) An
annual effect on the economy of $100,000,000 or more; (2) a major
increase in costs or prices for consumers, individual industries,
Federal, State, or local government, or geographic regions; or (3)
significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
enterprises to compete with foreign-based enterprises in domestic and
export markets.
As noted above, this rulemaking merely reflects the IIJA's updates
to the reclamation fee rates, continuation of the collection of AML
fees, and extension of the annual AML grant distributions. Although
OSMRE typically collects over $100 million annually in reclamation fees
and distributes over $100 million in annual AML grants to eligible
States and Tribes, the change resulting from the IIJA's lower fee rates
is anticipated to be less than $100 million a year compared to fees we
collected and grants we distributed in the fiscal years since fiscal
year 2013, when the fee rate last changed. And because the 2021
amendments are self-executing, any effects come not from requirements
imposed by this rule, but rather from the extension of our fee
collection authority and concurrent reduction in reclamation fee rates
by Congress. As a result, this rule is not considered a major
rulemaking.
B. Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the OIRA will review all
significant rules. Because this final rule merely reflects the IIJA's
updates to the reclamation fee rates, continuation of the collection of
AML fees, and extension of the annual AML grant distributions, OIRA has
concluded that this rulemaking is not a significant regulatory action
under Executive Order 12866. Pursuant to Executive Order 12866, an
action is a ``significant regulatory action'' if it ``is likely to
result in a rule that may: (1) Have an annual effect on the economy of
$100 million or more or adversely affect in a material way the economy,
a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities; (2) create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof; or (4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive order.''
Although the reclamation fees collected and AML grants distributed
typically total over $100 million annually, this rule merely
acknowledges a continuation of an existing program mandated by Congress
and is therefore not a change with a significant monetary impact. In
addition, because the administrative and procedural provisions of this
rule would reflect an annual impact of less than $100 million, it is
not significant under Executive Order 12866. For the same reasons, to
the extent that this rulemaking reflects the IIJA's extension of grants
to eligible States and Tribes, it merely corresponds with the IIJA's
continuation of an existing program for an additional 13 years.
Furthermore, as OSMRE has collected reclamation fees and distributed
annual AML grants for four decades, the agency is not aware of any
inconsistencies with other agency actions or novel legal or policy
issues that could arise as a result of the reauthorization of the
reclamation fee and the extension of AML grants.
Executive Order 13563 reaffirms the principles of Executive Order
12866 while calling for improvements in the Nation's regulatory system
to promote predictability, to reduce uncertainty, and to use the best,
most innovative, and least burdensome tools for
[[Page 2344]]
achieving regulatory ends. The Executive Order directs agencies to
consider regulatory approaches that reduce burdens and maintain
flexibility and freedom of choice for the public where these approaches
are relevant, feasible, and consistent with regulatory objectives.
Executive Order 13563 emphasizes further that regulations must be based
on the best available science and that the rulemaking process must
allow for public participation and an open exchange of ideas. We have
developed this rule in a manner consistent with these requirements, to
the extent permitted by statute.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), which requires an agency to
prepare a regulatory flexibility analysis for all rules, unless the
agency certifies that the rule will not have a significant economic
impact on a substantial number of small entities applies only where an
agency is required to publish a general notice of proposed rulemaking
for any proposed rule. See 5 U.S.C. 601(2), 603(a), and 604(a). As
OSMRE is not required to publish a notice of proposed rulemaking for
this interim final rule, the RFA does not apply.
D. 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. As explained in section
III.A. above, this rule:
(a) Will not have an annual effect on the economy of $100 million
or more;
(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) will not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
United States-based enterprises to compete with foreign-based
enterprises.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (UMRA) requires that,
before promulgating any general notice of proposed rulemaking that is
likely to result in promulgation of any rule that may result in the
expenditure by a State, Tribal, or local government, in the aggregate,
or by the private sector of $100 million, adjusted annually for
inflation, in any 1 year, an agency must prepare a written statement
that assesses the effects on State, Tribal, and local governments and
the private sector. See 2 U.S.C. 1532(a). As OSMRE is not required to
promulgate a notice of proposed rulemaking for this interim final rule,
the UMRA does not apply.
F. Takings (Executive Order 12630)
This rule does not effect a taking of private property or otherwise
have takings implications under Executive Order 12630. A takings
implication assessment is not required.
G. Federalism (Executive Order 13132)
Under the criteria in section 1 of Executive Order 13132, this rule
does not have sufficient federalism implications to warrant the
preparation of a federalism summary impact statement. A federalism
summary impact statement is not required.
H. Civil Justice Reform (Executive Order 12988)
This rule complies with the requirements of Executive Order 12988.
Specifically, this rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
I. Consultation With Indian Tribes (Executive Order 13175 and
Departmental Policy)
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, under Departmental Manual Part
512, Chapters 4 and 5, and under the criteria in Executive Order 13175
and have determined that it has no substantial direct effects on
Federally-recognized Tribes or Alaska Native Claims Settlement Act
(ANCSA) Corporations, and that consultation under the Department's
Tribal consultation policy is not required. OSMRE will conduct informal
listening sessions with Tribes with eligible AML programs to provide an
overview of the IIJA as it relates to the AML program.
J. Paperwork Reduction Act
The collection of information contained in this rule has been
previously approved by OMB under the Paperwork Reduction Act (44 U.S.C.
3501 et seq.). The existing control number for 30 CFR part 870 is 1029-
0063 and the expiration date is February 29, 2024. The existing control
number for 30 CFR part 872 is 1029-0054 and the expiration date is
February 29, 2024. We may not conduct or sponsor, and you are not
required to respond to, a collection of information unless it displays
a currently valid OMB control number.
K. National Environmental Policy Act
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the National Environmental Policy Act of 1969 (NEPA) is not
required because the rule is covered by a categorical exclusion. This
rule is excluded from the requirement to prepare a detailed statement
because it is a regulation of an administrative and financial nature.
See 43 CFR 46.210(i). In addition, any environmental effects of this
rulemaking as a whole are too broad, speculative, and conjectural
because the nature of AML problems vary, they occur in numerous
locations throughout the country, and will be reclaimed at different
times, and NEPA review is completed on each project completed with
these funds closer to the time that the project is undertaken. Id. We
have also determined that the rule does not involve any of the
extraordinary circumstances listed in 43 CFR 46.215 that would require
further analysis under NEPA.
L. Effects on Energy Supply, Distribution, and Use (Executive Order
13211)
This rule is not a significant energy action under the definition
in Executive Order 13211. A Statement of Energy Effects is not
required.
M. Clarity of this Regulation
We are required by Executive Orders 12866 (section 1(b)(12)), 12988
(section 3(b)(1)(B)), and 13563 (section 1(a)), and by the Presidential
Memorandum of June 1, 1998, to write all rules in plain language. This
means that each rule we publish must:
(a) Be logically organized;
(b) use the active voice to address readers directly;
(c) use common, everyday words and clear language rather than
jargon;
(d) be divided into short sections and sentences; and
(e) use lists and tables wherever possible.
If you believe that we have not met these requirements in issuing
this final rule, please contact the individual listed in the FOR
FURTHER INFORMATION CONTACT section. Your comments should be as
specific as possible in
[[Page 2345]]
order to help us determine whether any future revisions to the rule are
necessary. For example, you should tell us the numbers of the sections
or paragraphs that you find unclear, which sections or sentences are
too long, the sections where you feel lists or tables would be useful,
etc.
N. Data Quality Act
In developing this rule, we did not conduct or use a study,
experiment, or survey requiring peer review under the Data Quality Act
(Pub. L. 106-554).
O. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 3701 note et seq.) directs Federal agencies to
use voluntary consensus standards when implementing regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. This final rule is not subject to the
requirements of section 12(d) of the NTTAA because application of those
requirements would be inconsistent with SMCRA, and the requirements
would not be applicable to this final rulemaking.
P. Protection of Children From Environmental Health Risks and Safety
Risks (Executive Order 13045)
Executive Order 13045 requires that environmental and related rules
separately evaluate the potential impact to children. However,
Executive Order 13045 is inapplicable to this rulemaking because this
is not a substantive rulemaking and a notice of proposed rulemaking was
neither required nor prepared. See section 2-202 and 5-501 of Executive
order 13045.
List of Subjects
30 CFR Part 870
Abandoned Mine Reclamation Fund, Fee collection and coal production
reporting, Reporting and recordkeeping requirements, Surface mining.
30 CFR Part 872
Indians--land, Moneys available to eligible States and Indian
tribes.
Laura Daniel-Davis,
Principal Deputy Assistant Secretary, Land and Minerals Management.
The action taken herein is pursuant to an existing delegation of
authority.
For the reasons given in the preamble, the Department of the
Interior amends 30 CFR parts 870 and 872 as set forth below:
PART 870--ABANDONED MINE RECLAMATION FUND--FEE COLLECTION AND COAL
PRODUCTION REPORTING
0
1. The authority citation at part 870 is revised to read as follows:
Authority: 28 U.S.C. 1746, 30 U.S.C. 1201 et seq., Pub. L. 105-
277 and Pub. L. 117-58.
0
2. Amend Sec. 870.13 by:
0
a. Removing paragraph (a);
0
b. Revising paragraph (b); and
0
c. Redesignating paragraph (c) as paragraph (a).
The revision reads as follows:
Sec. 870.13 Fee rates.
* * * * *
(b) Fees for coal produced for sale, transfer, or use from October
1, 2021, through September 30, 2034. Fees for coal produced for sale,
transfer, or use from October 1, 2021, through September 30, 2034, are
shown in the following table:
----------------------------------------------------------------------------------------------------------------
Type of fee Type of coal Amount of fee
----------------------------------------------------------------------------------------------------------------
(1) Surface mining fee.................. Anthracite, bituminous, and (i) If value of coal is $2.24 per ton or
subbituminous, including more, fee is 22.4 cents per ton.
reclaimed.
(ii) If value of coal is less than $2.24
per ton, fee is 10 percent of the value.
(2) Underground mining fee.............. Anthracite, bituminous, and (i) If value of coal is $0.96 per ton or
subbituminous. more, fee is 9.6 cents per ton.
(ii) If value of coal is less than $0.96
per ton, fee is 10 percent of the value.
(3) Surface and underground mining fee.. Lignite.................... (i) If value of coal is $3.20 per ton or
more, fee is 6.4 cents per ton.
(ii) If value of coal is less than $3.20
per ton, fee is 2 percent of the value.
(4) In situ coal mining fee............. All types other than 9.6 cents per ton based on Btu's per ton
lignite. in place equated to the gas produced at
the site as certified through analysis
by an independent laboratory.
(5) In situ coal mining fee............. Lignite.................... 6.4 cents per ton based on the Btu's per
ton of coal in place equated to the gas
produced at the site as certified
through analysis by an independent
laboratory.
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 872--MONEYS AVAILABLE TO ELIGIBLE STATES AND INDIAN TRIBES
0
3. The authority citation at part 872 is revised to read as follows:
Authority: 30 U.S.C. 1201 et seq., Pub. L. 117-58.
0
4. Amend Sec. 872.15 by revising paragraph (b)(1) to read as follows:
Sec. 872.15 How does OSM distribute and award State share funds?
* * * * *
(b) * * *
(1) We annually distribute State share funds to you as shown in the
following table:
------------------------------------------------------------------------
For the Federal fiscal The amount of State share funds we
year(s) beginning . . . annually distribute to you will be . . .
------------------------------------------------------------------------
(i) October 1, 2007 and 50 percent of your 50 percent share of
October 1, 2008. reclamation fees collected on prior
fiscal year coal production.
(ii) October 1, 2009 and 75 percent of your 50 percent share of
October 1, 2010. reclamation fees collected on prior
fiscal year coal production.
(iii) October 1, 2011 and 100 percent of your 50 percent share of
continuing through September reclamation fees collected on prior
30, 2035. fiscal year coal production.
(iv) October 1, 2035 (fiscal The amount remaining in your State share
year 2036). of the Fund.
------------------------------------------------------------------------
[[Page 2346]]
* * * * *
0
5. Amend Sec. 872.18 by revising paragraph (b)(1) to read as follows:
Sec. 872.18 How will OSM distribute and award Tribal share funds?
* * * * *
(b) * * *
(1) We annually distribute Tribal share funds to you as shown in
the following table:
------------------------------------------------------------------------
For the Federal fiscal The amount of Tribal share funds we
year(s) beginning . . . annually distribute to you will be . . .
------------------------------------------------------------------------
(i) October 1, 2007 and 50 percent of your 50 percent share of
October 1, 2008. reclamation fees collected on prior
fiscal year coal production.
(ii) October 1, 2009 and 75 percent of your 50 percent share of
October 1, 2010. reclamation fees collected on prior
fiscal year coal production.
(iii) October 1, 2011 and 100 percent of your 50 percent share of
continuing through September reclamation fees collected on prior
30, 2035. fiscal year coal production.
(iv) October 1, 2035 (fiscal The amount remaining in your Tribal share
year 2036). of the Fund.
------------------------------------------------------------------------
* * * * *
0
6. Amend Sec. 872.21 by revising paragraphs (b)(1) and (2) to read as
follows:
Sec. 872.21 What are historic coal funds?
* * * * *
(b) * * *
(1) The moneys we reallocate based on prior balance replacement
funds distributed under Sec. 872.29, which will be available to
supplement grants beginning with Federal fiscal year 2036; and
(2) The moneys we reallocate based on certified in lieu funds
distributed under Sec. 872.32, which will be available to supplement
grants in Federal fiscal years 2009 through 2035.
0
7. Amend Sec. 872.22 by revising paragraph (c) to read as follows:
Sec. 872.22 How does OSM distribute and award historic coal funds?
* * * * *
(c) We annually distribute historic coal funds to you as shown in
the following table:
------------------------------------------------------------------------
For the Federal fiscal years The amount of historic coal funds we
beginning . . . annually distribute to you will be . . .
------------------------------------------------------------------------
(1) October 1, 2007 and 50 percent of the amount we calculate
October 1, 2008. using the formula described in paragraph
(b) of this section.
(2) October 1, 2009 and 75 percent of the amount we calculated
October 1, 2010. using the formula described in paragraph
(b) of this section.
(3) October 1, 2011 and 100 percent of the amount we calculate
continuing through September using the formula described in paragraph
30, 2035. (b) of this section.
(4) October 1, 2035 (fiscal 100 percent of the amount we calculate
year 2036), and thereafter. using the formula described in paragraph
(b) of this section until funds are no
longer available or you have reclaimed
your remaining Priority 1 and 2 coal
problems.
------------------------------------------------------------------------
* * * * *
0
8. Amend Sec. 872.27 by revising paragraph (a)(2) to read as follows:
Sec. 872.27 How does OSM distribute and award minimum program make
up funds?
* * * * *
(a) * * *
(2) For each Federal fiscal year, we add minimum program make up
funds to your combined distribution of prior balance replacement, State
or Tribal share, and historic coal funds as shown in the following
table:
------------------------------------------------------------------------
The amount of minimum program make up
For each of the Federal funds we add to your distribution will be
fiscal years beginning . . . . . .
------------------------------------------------------------------------
(i) October 1, 2007 and 50 percent of the amount that we
October 1, 2008. calculated should be added under
paragraph (a)(1) of this section.
(ii) October 1, 2009 and 75 percent of the amount that we
October 1, 2010. calculated should be added under
paragraph (a)(1) of this section.
(iii) October 1, 2011 and 100 percent of the amount that we
continuing through September calculated should be added under
30, 2035. paragraph (a)(1) of this section as long
as you have at least $3 million of
Priority 1 and 2 coal problems
remaining.
(iv) October 1, 2035 and to the extent funds are available, 100
thereafter. percent of the amount that we calculated
should be added under paragraph (a)(1)
until you have less than $3 million of
Priority 1 and 2 coal problems
remaining.
------------------------------------------------------------------------
* * * * *
0
9. Amend Sec. 872.30 by revising paragraph (c) to read as follows:
Sec. 872.30 How does OSM distribute and award prior balance
replacement funds?
* * * * *
(c) At the same time we distribute prior balance replacement funds
to you under this section, we transfer the same amount to historic coal
funds from moneys in your State or Tribal share of the Fund that were
allocated to you before October 1, 2007. The transferred funds will be
available for annual grants under Sec. 872.21 for the Federal fiscal
year beginning October 1, 2035, and annually thereafter. We will
allocate, distribute, and award the transferred
[[Page 2347]]
funds according to the provisions of Sec. Sec. 872.21, 872.22, and
872.23.
[FR Doc. 2022-00513 Filed 1-13-22; 8:45 am]
BILLING CODE 4310-05-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 14, 2022.
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.