Rule2022-17676
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
August 24, 2022
Effective
August 24, 2022
Issuing agencies
Interior DepartmentSurface Mining Reclamation and Enforcement Office
Abstract
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), and the Department of the Interior are adopting as final the interim final rule published on January 14, 2022, making amendments to the departmental regulations governing the Abandoned Mine Reclamation Fund (AML Fund) to be consistent with the Infrastructure Investment and Jobs Act (IIJA), which included the Abandoned Mine Land Reclamation Amendments of 2021 (the 2021 amendments). The final rule adopts the changes to the regulations reflecting the extension of our statutory authority to collect reclamation fees for an additional 13 years and the 20 percent reduction in fee rates. In addition, the final rule adopts the changes to the regulations reflecting the statutory extension of the dates when moneys derived from these fees will be available for distribution to eligible States and Tribes as grants. The final rule adopts the interim final rule with two revisions to correct grammatical errors. The final rule also corrects two additional grammatical errors in the regulations which were unaffected by the interim final rule.
Full Text
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<title>Federal Register, Volume 87 Issue 163 (Wednesday, August 24, 2022)</title>
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[Federal Register Volume 87, Number 163 (Wednesday, August 24, 2022)]
[Rules and Regulations]
[Pages 51904-51908]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17676]
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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: Final rule.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), and the Department of the Interior are adopting as final the
interim final rule published on January 14, 2022, making amendments to
the departmental regulations governing the Abandoned Mine Reclamation
Fund (AML Fund) to be consistent with the Infrastructure Investment and
Jobs Act (IIJA), which included the Abandoned Mine Land Reclamation
Amendments of 2021 (the 2021 amendments). The final rule adopts the
changes to the regulations reflecting the extension of our statutory
authority to collect reclamation fees for an additional 13 years and
the 20 percent reduction in fee rates. In addition, the final rule
adopts the changes to the regulations reflecting the statutory
extension of the dates when moneys derived from these fees will be
available for distribution to eligible States and Tribes as grants. The
final rule adopts the interim final rule with two revisions to correct
grammatical errors. The final rule also corrects two additional
grammatical errors in the regulations which were unaffected by the
interim final rule.
DATES: Effective August 24, 2022.
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#167e66776f78735679657b647338717960"><span class="__cf_email__" data-cfemail="553d25342c3b30153a263827307b323a23">[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. Overview of the Interim Final Rule and Comments
A. How does the rule operate?
B. Discussion of Comments
III. Summary of the Final Rule
IV. Procedural Matters
A. Administrative Procedure Act
B. Congressional Review Act
C. Regulatory Planning and Review (Executive Orders 12866 and
13563)
D. Regulatory Flexibility Act
E. Small Business Regulatory Enforcement Fairness Act
F. Unfunded Mandates Reform Act
G. Takings (Executive Order 12630)
H. Federalism (Executive Order 13132)
I. Civil Justice Reform (Executive Order 12988)
J. Consultation With Indian Tribes (Executive Order 13175 and
Departmental Policy)
K. Paperwork Reduction Act
L. National Environmental Policy Act
M. Effects on Energy Supply, Distribution, and Use (Executive
Order 13211)
N. Clarity of This Regulation
O. Data Quality Act
P. National Technology Transfer and Advancement Act
Q. 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) 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 that, 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
set 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). Subsequently, the
Omnibus Budget Reconciliation Act of 1990 (Pub. L. 101-508, 104 Stat.
1388, section 6003(a)) extended our fee collection authority through
September 30, 1995, followed by the Energy Policy Act of 1992 (Pub. L.
102-486, 106 Stat. 2776, 3056, section 19143(b)(1) of Title XIX), which
extended our fee collection authority through September 30, 2004. A
series of short interim extensions in appropriations and other acts
further 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 in
writing of the change in fee rates resulting from the 2006 amendments
in January and September 2007. 73 FR 67576, 67578. On November 14,
2008, the Department promulgated final regulations at 30 CFR parts 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), commonly known as the Bipartisan Infrastructure Law (BIL),
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
[[Page 51905]]
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 the 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 effectively extended 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 regulations were 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 that annual AML grant distributions to eligible
States and Tribes based on fee collections continue using the formula
described in sections 401(f) and 402(i)(2) of SMCRA, we published an
interim final rule, effective upon publication, that revised 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 (87 FR 2341 (January 14, 2022)). We are finalizing that
rule in this document.
II. Overview of the Interim Final Rule and Comments
A. Overview of the Interim Final Rule
The interim final rule revised the Department's 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
proposed rule for the 2006 SMCRA amendments, the interim final rule
retained 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). The
interim final rule also made a clarifying change to the introductory
text of 30 CFR 872.27(a)(2) by removing reference to Federal fiscal
years 2007 through 2022.
B. Discussion of Comments
Summary. OSMRE received two comments on the interim final rule,
neither of which was specific to the rule language. One commenter
recommended that ``taxpayers not fund reclamation costs or fees'' and
suggested that other individuals benefiting from a mine should be
responsible for reclamation. Another commenter similarly recommended
that ``no tax dollars be used to reclaim damages done by any private,
or commercial enterprise on public lands'' and suggested additional
enforcement measures for tax crimes.
Response. Pursuant to SMCRA, all current coal mine operators are
required to pay a reclamation fee on every ton of coal produced in the
United States. These fees are deposited into the AML Fund and primarily
used to provide grants to eligible States and Tribes for the
reclamation of lands and waters that were mined for coal and abandoned
or left in an inadequate reclamation status before August 3, 1977.
These lands are characterized as ``abandoned'' because they were
unreclaimed or inadequately reclaimed before the enactment of SMCRA,
which was the first Federal law that required coal mine operators to
restore lands and waters affected by mining practices. In addition,
before States and Tribes can use AML moneys to reclaim a specific
property, that State or Tribe must first make a determination that
``there is no continuing reclamation responsibility [for that property]
under State or other Federal laws.'' Furthermore, if the property to be
reclaimed is owned by someone who consented to, participated in, or
exercised control over the mining operation that necessitated the
reclamation, that property may be subject to a lien if there is a
significant increase in the property value subsequent to reclamation.
Thus, SMCRA ensures that no Federal funds will be used for reclamation
of abandoned mine lands unless there is no continuing reclamation
responsibility for those lands under State or Federal laws, and, even
if there is no continuing reclamation responsibility, a property owner
who consented to, participated in, or exercised control over the mining
operation that necessitated the reclamation may not profit from the
federally funded reclamation project. The 2021 amendments did not alter
these requirements and safeguards, they only extended our authority to
collect reclamation fees, reduced reclamation fee rates by 20 percent,
and extended annual AML grant distributions. Likewise, the interim
final rule and this final rule simply revise the regulations to be
consistent with the 2021 amendments and do not alter the requirement
that the coal industry internalize the cost of AML reclamation.
III. Summary of the Final Rule
For the reasons discussed above and as provided in the interim
final rule, OSMRE is adopting as final the interim final rule with two
revisions to correct grammatical errors. Section 870.13(b) of the
interim final rule incorrectly expressed the acronym for British
Thermal Units as ``Btu's'' rather than ``Btus.'' This rule corrects
those grammatical errors in the regulations by replacing ``Btu's'' with
``Btus.'' This rule also corrects two additional grammatical errors in
30 CFR 870.13(a) by replacing ``Btu's'' with ``Btus.''
IV. Procedural Matters
A. Administrative Procedure Act
The Administrative Procedure Act (APA) generally requires that a
final rule must be published in the Federal Register no less than 30
days before its effective date except for (1) substantive rules, which
grant or recognize an exemption or relieve a restriction; (2)
interpretive rules and statements of policy; or (3) as otherwise
provided by the agency for good cause. 5 U.S.C. 553(d). As described
below, OSMRE finds good cause to publish this rule with an immediate
effective date.
The APA's legislative history indicates that the purpose of the 30-
day publication requirement is to ``afford persons affected a
reasonable time to prepare for the effective date of a rule or rules or
to take any other action which the issuance of the rules may prompt.''
S. Rep. No. 79-752, at 201 (1945). However, the final rule merely
revises the regulations to be consistent with the requirements of the
BIL, which President Biden signed into law on November 15, 2021; thus,
coal mine operators have had more than six months to prepare for the
extension of our fee collection authority and commensurate reduction in
reclamation fee rates, well in excess of the traditional 30-day
requirement. Furthermore, the BIL did not create any new requirements
with which coal mine operators must comply; both the requirement that
coal mine operators pay a reclamation fee and our authority
[[Page 51906]]
to collect the fee have existed since August 3, 1977, when SMCRA was
enacted. Consequently, any impact on coal mine operators from the
extension of our fee collection authority or the reduction in fee rates
should be minimal. Finally, it is in the public interest for the final
rule to be effective immediately because it revises out-of-date
regulations to conform with 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 United Mine Workers of America (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 exemption at 5 U.S.C. 553(d)(3).
In addition, pursuant to 5 U.S.C. 553(b)(3)(B), an agency may waive
the prior notice and public comment requirements if it finds, for good
cause, that the requirements are impracticable, unnecessary, or
contrary to the public interest. We are availing ourselves of the good
cause exemption at 5 U.S.C. 553(b)(3)(B) to correct two grammatical
errors in 30 CFR 870.13(a) that were the result of an earlier
rulemaking and unaffected by the interim final rule. This is a
ministerial action that will have no substantive impact on regulated
entities or the public. For that reason, we do not anticipate receiving
meaningful comments on a proposal to correct these grammatical errors
and find good cause to forgo notice and an opportunity for public
comment.
B. Congressional Review Act
Pursuant to the Congressional Review Act, 5 U.S.C. 801 et seq., the
Office of Information and Regulatory Affairs (OIRA) within 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 implements the 2021 amendments to
SMCRA, which extended our fee collection authority for an additional 13
years, reduced reclamation fee rates by 20 percent, and extended annual
AML grant distributions. Although OSMRE typically collects more than
$100 million in reclamation fees annually and distributes over $100
million in annual AML grants to eligible States and Tribes, the
reduction in fee collections resulting from the 20 percent reduction in
reclamation fee rates is anticipated to be less than $100 million a
year when compared to the fees collected and grants 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 traditional AML grant program and fee collection
authority, and concurrent reduction in reclamation fee rates by
Congress. As a result, this rule is not considered a major rulemaking.
C. Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that OIRA will review all
significant rules before they are issued. Because this final rule
merely reflects the 2021 amendments to SMCRA, which extended our fee
collection authority for an additional 13 years, reduced reclamation
fee rates by 20 percent, and extended 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 have a material adverse effect on 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
interfere with planned or actual action taken 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 that are the result
of legal mandates, the President's priorities, or the principles set
forth in the Executive order.
Although the reclamation fees collected and AML grants distributed
typically exceed $100 million annually, this final rule is implementing
only the 2021 amendments' continuation of an existing program mandated
by Congress for an additional 13 years 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. Furthermore, as OSMRE has collected reclamation
fees and distributed annual AML grants for more than 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 achieving regulatory
ends. Executive Order 13563 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.
D. 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 was not required to publish a notice of proposed rulemaking
associated with
[[Page 51907]]
the interim final rule or this final rule, the RFA does not apply.
E. 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.
F. 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). However, the UMRA does not
apply to final rules for which a general notice of proposed rulemaking
was not published. As OSMRE was not required to publish a notice of
proposed rulemaking for the interim final rule or this final rule, the
UMRA does not apply.
G. 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.
H. 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.
I. 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.
J. 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; Departmental Manual Part 512,
Chapters 4 and 5; and 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 has conducted informal listening sessions with eligible
Tribes to provide an overview of the BIL as it relates to the AML
program. OSMRE is committed to communication and coordination and will
continue engagement strategies as needed to keep Tribes informed of the
requirements of the program.
K. Paperwork Reduction Act
In accordance with the requirements of the Paperwork Reduction Act
(PRA), OSMRE 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. OSMRE has reviewed this final rule and
determined that it does not introduce any new or revised collections of
information under the PRA. Therefore, no submission to OMB is required.
L. 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 this 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 both an administrative and financial
nature. See 43 CFR 46.210(i). In addition, any environmental effects
resulting from this rulemaking as a whole are too broad, speculative,
and conjectural because the nature of AML problems vary, occur in
numerous locations throughout the country, and will be reclaimed at
different times, and because each project completed with these funds is
subject to NEPA review 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.
M. Effects on Energy Supply, Distribution, and Use (Executive Order
13211)
This rule is not a significant energy action as defined in
Executive Order 13211. A Statement of Energy Effects is not required.
N. 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 order to help us determine whether any future
revisions to the rule are necessary. For example, you should identify
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.
O. 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).
P. 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
[[Page 51908]]
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.
Q. 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.
Delegation of Signing Authority
The action taken herein is pursuant to an existing delegation of
authority.
Laura Daniel-Davis,
Principal Deputy Assistant Secretary, Land and Minerals Management.
For the reasons given in the preamble, the Department of the
Interior adopts the interim rule amending 30 CFR parts 870 and 872,
which was published at 87 FR 2341 on January 14, 2022, as final with
the following changes:
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., and Pub. L.
105-277, 112 Stat. 2681.
0
2. Amend Sec. 870.13 by revising paragraph (a)(4) and (5) and (b)(4)
and (5) to read as follows:
Sec. 870.13 Fee rates.
(a) * * *
------------------------------------------------------------------------
Type of fee Type of coal Amount of fee
------------------------------------------------------------------------
* * * * * * *
(4) In situ coal mining fee... All types other 12 cents per ton
than lignite. based on Btus per
ton 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.......... 8 cents per ton based
on the Btus per ton
of coal in place
equated to the gas
produced at the site
as certified through
analysis by an
independent
laboratory.
------------------------------------------------------------------------
(b) * * *
------------------------------------------------------------------------
Type of fee Type of coal Amount of fee
------------------------------------------------------------------------
* * * * * * *
(4) In situ coal mining fee... All types other 9.6 cents per ton
than lignite. based on Btus per
ton 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 Btus
per ton of coal in
place equated to the
gas produced at the
site as certified
through analysis by
an independent
laboratory.
------------------------------------------------------------------------
[FR Doc. 2022-17676 Filed 8-23-22; 8:45 am]
BILLING CODE 4310-05-P
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</html>Indexed from Federal Register on August 24, 2022.
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