Rule2024-01971
Acceptable Payment Methods
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
February 6, 2024
Effective
April 15, 2024
Issuing agencies
Interior DepartmentSurface Mining Reclamation and Enforcement Office
Abstract
The Office of Surface Mining Reclamation and Enforcement (OSMRE) is issuing this direct final rule to amend its regulations by reducing the threshold for electronic payment of quarterly Abandoned Mine Land (AML) reclamation fees from $25,000 to $500. On April 30, 2024, the U.S. Department of the Treasury (Treasury) will close OSMRE's lockbox, which is used to process non-electronic reclamation fee payments. After April 15, 2024, quarterly reclamation fees of $500 or more must be paid by electronic transfer, while quarterly reclamation fees of less than $500 may be paid by electronic transfer or by check or money order sent to OSMRE's Division of Financial Management. By reducing the threshold for electronic payments, OSMRE will receive more payments through electronic funds transfer, which will expedite and streamline its fee collection efforts.
Full Text
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<title>Federal Register, Volume 89 Issue 25 (Tuesday, February 6, 2024)</title>
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[Federal Register Volume 89, Number 25 (Tuesday, February 6, 2024)]
[Rules and Regulations]
[Pages 8071-8074]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01971]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 870
[Docket ID: OSM 2023-0010; S1D1S SS08011000 SX064A000 245S180110;S2D2S
SS08011000 SX064A000 24XS501520]
RIN 1029-AC25
Acceptable Payment Methods
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Direct final rule.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement
(OSMRE) is issuing this direct final rule to amend its regulations by
reducing the threshold for electronic payment of quarterly Abandoned
Mine Land (AML) reclamation fees from $25,000 to $500. On April 30,
2024, the U.S. Department of the Treasury (Treasury) will close OSMRE's
lockbox, which is used to process non-electronic reclamation fee
payments. After April 15, 2024, quarterly reclamation fees of $500 or
more must be paid by electronic transfer, while quarterly reclamation
fees of less than $500 may be paid by electronic transfer or by check
or money order sent to OSMRE's Division of Financial Management. By
reducing the threshold for electronic payments, OSMRE will receive more
payments through electronic funds transfer, which will expedite and
streamline its fee collection efforts.
DATES: This direct final rule is effective April 15, 2024, without
further notice, unless OSMRE receives significant adverse comment by
March 7, 2024. If OSMRE receives a significant adverse comment that
leads it to conclude that the rule is controversial, OSMRE will publish
a timely withdrawal in the Federal Register.
ADDRESSES: Send written comments identified by docket number OSM-2023-
0010 or regulation identifier number (RIN) 1029-AC25 by the following
method:
<bullet> Federal e-Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for submitting comments to docket number OSM-
2023-0010.
<bullet> U.S. Postal Service or other mail delivery service:
Address comments to Division of Regulatory Support, Office of Surface
Mining Reclamation and Enforcement, Department of the Interior, Attn:
James Tyree, 1849 C Street NW, Mail Stop 4557, Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: James Tyree, Chief, Division of
Regulatory Support, (202) 208-4479, <a href="/cdn-cgi/l/email-protection#dcb6a8a5aeb9b99cb3afb1aeb9f2bbb3aa"><span class="__cf_email__" data-cfemail="046e707d766161446b776976612a636b72">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Direct Final Rulemaking
III. Discussion
IV. Procedural Matters and Required Determinations
I. Background
Title IV of the Surface Mining Control and Reclamation Act of 1977
(SMCRA) (30 U.S.C. 1231-1244) created the Abandoned Mine Reclamation
Fund, which is funded in part by a reclamation fee (also known as the
Abandoned Mine Land (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. Section 402(b) of SMCRA (30 U.S.C. 1232(b)) requires coal mine
operators and/or permittees to pay reclamation fees no later than
thirty days after the end of each calendar quarter.
OSMRE collects these fees from coal mine operators and/or
permittees through electronic funds transfer and non-electronic
payments. Currently, coal mine operators and/or permittees are required
to send non-electronic fee payments to OSMRE's lockbox in Pittsburgh,
Pennsylvania.
In April 2018, Treasury's Bureau of the Fiscal Service published a
white paper titled, ``The Future of Federal Financial Management,''
which outlined an initiative to transform Federal collections by, among
other things, reducing revenue collection lockboxes and increasing
digitization. Subsequently, OSMRE received notice from Treasury's
General Lockbox Network (GLN) that it intended to close OSMRE's lockbox
by September 30, 2023, as part of its effort to close all lockboxes
functioning below a minimum item threshold of 1,000 items. (OSMRE's
lockbox receives fewer than 400 items annually.) The GLN is a
collection and processing service provided by certain financial
institutions to help federal government agencies process paper checks
and other remittance documents (not related to taxes) that are received
through the mail. To allow time to amend its regulations, OSMRE
requested a lockbox closure extension until April 30, 2024, which
Treasury approved.
OSMRE is promulgating this direct final rule pursuant to section
413(a) of SMCRA (30 U.S.C. 1242(a)), which
[[Page 8072]]
authorizes the Secretary of the Interior to do all things necessary or
expedient, including promulgation of rules and regulations, to
implement and administer the provisions of SMCRA relating to abandoned
mine reclamation.
II. Direct Final Rulemaking
OSMRE is issuing this rule as a direct final rule. Although the
Administrative Procedure Act (APA, 5 U.S.C. 551-559) generally requires
agencies to engage in notice and comment rulemaking, section 553 of the
APA provides an exception when the agency ``for good cause finds'' that
notice and comment are ``impracticable, unnecessary, or contrary to the
public interest.'' Id. 553(b)(B). OSMRE has determined that notice and
comment are unnecessary because this rule is noncontroversial; of a
minor, technical nature; involves little agency discretion; and is
unlikely to receive any significant adverse comments. A significant
adverse comment is one that explains: (1) why the rule is
inappropriate, including challenges to the rule's underlying premise or
approach; or (2) why the direct final rule will be ineffective or
unacceptable without a change. If such a comment is received, this
direct final rule will be withdrawn. If no such comment is received,
this direct final rule will become effective on April 15, 2024, without
further OSMRE action. A comment recommending an addition to the rule
will not be considered significant and adverse unless the comment
explains how this direct final rule would be ineffective without the
addition.
III. Discussion
OSMRE is amending 30 CFR 870.16 to: (1) reduce the threshold for
electronic payment of quarterly AML fees; (2) update the instructions
for remitting both electronic and non-electronic payment; and (3)
remove paragraph (c).
OSMRE is amending 30 CFR 870.16(a) and (b) to reduce the threshold
for electronic payment of quarterly AML fees from $25,000 to $500. By
reducing the threshold, OSMRE will receive more payments through
electronic funds transfer, which will expedite and streamline its fee
collection efforts and align with Treasury's initiative to transform
Federal collections. However, coal mine operators and/or permittees who
owe quarterly AML fees in an amount below the electronic payment
threshold ($500) may still pay those fees using non-electronic methods.
In addition, OSMRE is amending 30 CFR 870.16(a)(3) by updating the
instructions for locating the Master Entity Number on the OSM-1 form to
read ``Part 1-Block 3'' instead of ``Part 1-Block 4'' and by revising
``on the wire message'' to read ``with the electronic payment.''
OSMRE is also amending 30 CFR 870.16(b)(2) by removing the lockbox
address and directing coal mine operators and/or permittees to send
non-electronic payments to the address indicated in the ``Instructions
for Completing the OSM-1 Form.'' Relying on the ``Instructions for
Completing the OSM-1 Form'' to communicate the location where coal mine
operators and/or permittees must send non-electronic reclamation fee
payments will allow OSMRE to update the location for non-electronic
payments in the future without requiring OSMRE to further amend its
regulations.
Finally, OSMRE is amending 30 CFR 870.16 by removing paragraph (c),
which explains that payment of reclamation fees over the electronic
payment threshold by any means other than electronic funds transfer is
a violation of SMCRA. As SMCRA clearly requires that coal mine
operators and/or permittees pay reclamation fees and the Federal
regulations clearly prescribe how those fee payments must be made,
paragraph (c) is unnecessary.
Who is impacted by this rulemaking?
This direct final rule will impact coal mine operators and/or
permittees who use non-electronic methods to pay the reclamation fees
required under Title IV of SMCRA. However, ninety-eight percent (98%)
of OSMRE's total collections are already paid through electronic fund
transfer mechanisms. This direct final rule will not affect those
operators and/or permittees.
Why is the effective date of the rule April 15, 2024?
An effective date of April 15, 2024, will afford OSMRE the time
necessary to deliver and process payments submitted to the lockbox
before its closure on April 30, 2024.
What if I send a payment to the lockbox after April 15, 2024?
OSMRE will continue to process payments submitted to the lockbox
between April 15 and April 30, 2024. However, if you submit a payment
to the lockbox after April 30, 2024, it will be returned to you, and
you will be required to submit payment to the address indicated in the
``Instructions for Completing the OSM-1 Form'' or through electronic
funds transfer. If your reclamation fees are due and you fail to submit
payment through either of the acceptable payment methods by the due
date, your payment will be considered late and may be subject to one or
more of the actions specified in 30 CFR 870.21.
IV. Procedural Matters and Required Determinations
Executive Order 12630--Governmental Actions and Interference With
Constitutionally Protected Property Rights
This rule does not result in a taking of private property or
otherwise have regulatory takings implications under Executive Order
12630. The rule primarily concerns a new dollar threshold for
electronic payment of quarterly AML fees; therefore, the rule will not
result in private property being taken for public use without just
compensation. A takings implication assessment is not required.
Executive Order 12866--Regulatory Planning and Review, Executive Order
13563--Improving Regulation and Regulatory Review and Executive Order
14094--Modernizing Regulatory Review
Executive Order 12866, as amended by Executive Order 14094,
provides that the Office of Information and Regulatory Affairs (OIRA)
in the Office of Management and Budget (OMB) will review all
significant rules. OIRA has determined that this rule is not
significant.
Executive Order 13563 reaffirms the principles of Executive Order
12866, as amended by Executive Order 14094, while calling for
improvements in the Nation's regulatory system to promote
predictability, reduce uncertainty, and 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 agencies must base regulations on the best available science and
that the rulemaking process must allow for public participation and an
open exchange of ideas. OSMRE developed this rule in a manner
consistent with these requirements.
Executive Order 12988--Civil Justice Reform
This direct final rule complies with the requirements of Executive
Order 12988. Among other things, this rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and
[[Page 8073]]
ambiguity and be written to minimize litigation;
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
Executive Order 13132--Federalism
Under the criteria of section 1 of Executive Order 13132, this rule
does not have sufficient federalism implications to warrant the
preparation of a federalism summary impact statement. This rule will
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. A
federalism summary impact statement is not required.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian tribes through a
commitment to consultation with Tribes and recognition of their right
to self-governance and Tribal sovereignty. OSMRE evaluated this direct
final rule under Executive Order 13175 and the Department's and OSMRE's
consultation policies and determined that it has no substantial direct
effects on Federally recognized Indian tribes and that consultation
under the Department's or OSMRE's Tribal consultation policies is not
required. The rule merely revises OSMRE's regulations to be consistent
with Treasury's Federal collections initiative and to remove
unnecessary regulatory language.
Executive Order 13211--Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This direct final rule is not a significant energy action as
defined in Executive Order 13211. Therefore, a Statement of Energy
Effects is not required.
National Environmental Policy Act
This direct final 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 (NEPA,
42 U.S.C. 4321 et seq.) is not required because this rule is covered by
a categorical exclusion applicable to regulatory functions ``that are
of an administrative, financial, legal, technical, or procedural
nature.'' 43 CFR 46.210(i). In addition, OSMRE has determined that this
rule does not involve any of the extraordinary circumstances listed in
43 CFR 46.215 that would require further analysis under NEPA.
Paperwork Reduction Act
This rule does not impose any new information collection burden
under the Paperwork Reduction Act. OMB previously approved the
information collection activities contained in the existing regulations
and assigned OMB control number 1029-0063. This rule does not impose an
information collection burden because OSMRE is not making any changes
to the information collection requirements. During routine renewal of
the information collection and before April 15, 2024, OSMRE will update
the ``Instructions for Completing the OSM-1 Form'' to reflect (1) the
new electronic payment threshold, and (2) the new mailing address for
non-electronic payments. Additionally, as part of the renewal, OSMRE
will update the ``OSM-1 Form'' and ``Amended OSM-1 Form'' to reflect
the new mailing address for non-electronic payments.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA, 5 U.S.C. 601-612) 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. The RFA
applies only to rules for which an agency is required to first publish
a proposed rule. See 5 U.S.C. 603(a) and 604(a). As OSMRE is not
required to publish a notice of proposed rulemaking for this direct
final rule, the RFA does not apply.
Congressional Review Act
This rule is not a major rule under the Congressional Review Act, 5
U.S.C. 804(2). Specifically, the direct final 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 on
the ability of United States-based enterprises to compete with foreign-
based enterprises in domestic and export markets.
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. The rule
merely revises OSMRE's regulations to reduce the threshold for
electronic fee payment and to remove unnecessary regulatory language.
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 870
Abandoned Mine Reclamation Fund--Fee Collection and Coal Production
Reporting.
Delegation of Signing Authority
The action taken herein is pursuant to an existing delegation of
authority.
Steven H. Feldgus,
Principal Deputy Assistant Secretary, Land and Minerals Management.
For the reasons stated in the preamble, the Department of the
Interior, acting through OSMRE, amends 30 CFR part 870 as follows:
PART 870 ABANDONED MINE RECLAMATION FUND--FEE COLLECTION AND COAL
PRODUCTION REPORTING
0
1. The authority citation for part 870 continues 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. 870.16 by revising paragraphs (a) and (b) and removing
paragraph (c) to read as follows:
Sec. 870.16 Acceptable payment methods.
(a) If you owe total quarterly reclamation fees of $500 or more for
one or more mines, you must:
(1) Use an electronic fund transfer mechanism approved by the U.S.
Department of the Treasury;
(2) Forward payments by electronic transfer;
(3) Include the applicable Master Entity No.(s) (Part 1-Block 3 on
the OSM-1 Form), and OSM Document No.(s) (Part 1-upper right corner of
the OSM-1 Form) with the electronic payment; and
(4) Use our approved form or approved electronic form to report
coal tonnage sold, used, or for which ownership was transferred to the
address indicated in the Instructions for Completing the OSM-1 Form.
[[Page 8074]]
(b) If you owe less than $500 in quarterly reclamation fees for one
or more mines, you may:
(1) Forward payments by electronic transfer in accordance with the
procedures specified in paragraph (a) of this section; or
(2) Submit a check or money order payable to the Office of Surface
Mining Reclamation and Enforcement in the same envelope with the OSM-1
Form to the address indicated in the Instructions for Completing the
OSM-1 Form.
[FR Doc. 2024-01971 Filed 2-5-24; 8:45 am]
BILLING CODE 4310-05-P
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