Tennessee Abandoned Mine Land Program, 9803-9807 [2013-03053]

Agencies

• DEPARTMENT OF THE INTERIOR
• Office of Surface Mining Reclamation and Enforcement

[Federal Register Volume 78, Number 29 (Tuesday, February 12, 2013)]
[Rules and Regulations]
[Pages 9803-9807]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03053]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 942

[SATS NO. TN-001-FOR; OSM 2011-0010]


Tennessee Abandoned Mine Land Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 
Interior.

ACTION: Final rule; approval of amendment.

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SUMMARY: We are approving an amendment to the Tennessee Abandoned Mine 
Land (AML) Reclamation Plan (AML Plan). A 2006 amendment to the Surface 
Mining Control and Reclamation Act of 1977 (SMCRA or the Act), 
authorized reinstitution of the Tennessee AML program as a minimum 
funded program state following the suspension of the AML Plan and 
program after Tennessee's regulatory program was withdrawn in 1984. 
Pursuant to the authority granted under the Tennessee Code Annotated 
(TCA), Section 59-8-324(m), Tennessee's Department of Environment and 
Conservation (TDEC), has revised the AML Plan to reflect statutory, 
regulatory, policy, procedural, and organizational changes that have 
occurred since 1984.

DATES: Effective Date: February 12, 2013.

FOR FURTHER INFORMATION CONTACT: Mr. Earl Bandy Jr., Field Office 
Director, Knoxville Field Office, Telephone: (865) 594-4103, E-Mail: 
ebandy@osmre.gov.

SUPPLEMENTARY INFORMATION: 

I. Background on the Tennessee Program
II. Description and Submission of the Amendment
III. OSM's Findings
IV. Summary and Disposition of the Comments
V. OSM's Decision
VI. Procedural Determinations

I. Background on the Tennessee Program

    Regulatory Program (Title V): Section 503(a) of the Act permits a 
state to assume primacy for the regulation of surface coal mining and 
reclamation operations on non-Federal and non-Indian lands within its 
borders by demonstrating that its program includes, among other things, 
``a state law which provides for the regulation of surface coal mining 
and reclamation operations in accordance with the requirements of this 
Act * * *; and rules and regulations consistent with regulations issued 
by the Secretary pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and 
(7). On the basis of these criteria, the Secretary of the Interior 
conditionally approved the Tennessee program on August 10, 1982. See 47 
FR 34753.
    Withdrawal of Tennessee's Regulatory Program: As a result of 
Tennessee's failure to effectively implement, administer, maintain or 
enforce its program, on April 8, 1983, the Director of OSM notified the 
Governor of Tennessee of the problems and sought corrective measures 
pursuant to 30 CFR part 733. OSM concluded that the State failed to 
adequately indicate its intent and capability to implement, maintain, 
and enforce its regulatory program and, on April 18, 1984, OSM 
substituted direct Federal enforcement of the inspection and 
enforcement portions of the TN regulatory program pursuant to 30 CFR 
733.12. See 49 FR 15496.
    On May 16, 1984, the State repealed most of the Tennessee Coal 
Surface Mining Law of 1980, effective October 1, 1984, and OSM withdrew 
approval of the Tennessee performance regulatory program in full, 
effective October 1, 1984. See 49 FR 38874.
    Abandoned Mine Lands Program (Title IV): Title IV of the Surface 
Mining Act establishes an AML program for the purposes of reclaiming 
and restoring land and water resources adversely affected by past 
mining. This program is funded by a reclamation fee imposed upon the 
production of coal. Lands and water eligible for reclamation are those 
that were mined or affected by mining and abandoned or left in an 
inadequate reclamation status prior to August 3, 1977, and for which 
there is no continuing reclamation responsibility under state or 
Federal law. Title IV provides that a state with an approved surface 
mining regulatory program may have an AML program approved which gives 
it the responsibility and primary authority to implement the plan. On 
August 10, 1982, Tennessee's reclamation plan was approved. See 47 FR 
34757.
    Suspension of Tennessee's AML Program: The withdrawal of 
Tennessee's regulatory program also affected Tennessee's AML program. 
Section 405 (c) of the Act provides that the Secretary shall not 
approve, fund, or continue to fund a state AML program unless that 
state has an approved state regulatory program pursuant to Section 503 
of the Act. Regulations implementing this provision were formerly found 
at 30 CFR 884.11, State Eligibility.
    The requirements of 30 CFR 884.16, Suspension of Plan, provide that 
upon withdrawal of regulatory program approval, the Director may 
suspend the AML Plan. On October 5, 1984, OSM assumed responsibility 
and authority for carrying out the provisions of Title IV within the 
state of Tennessee. See 49 FR 15505.
    Since that time, Tennessee no longer receives an annual 
distribution of Federal funds for the purposes of carrying out an AML 
program (including administrative costs). Emergency and non-emergency 
projects in Tennessee were addressed by OSM, with OSM utilizing Federal 
contracts or cooperative agreements between OSM and Tennessee to 
procure construction services.
    Tennessee as a Minimum Program State: As a result of the AML 
Reauthorization Bill of 2006 (2006 SMCRA Amendment), Congress 
authorized Tennessee to have an AML program and considered it a minimum 
funded program state, without a permanent regulatory program. The Bill 
provided that beginning in fiscal year 2008, Tennessee would be able to 
expend funds for reclamation of inventoried projects in accordance with 
the priorities of Section 403(a)(1) and (2). Since Tennessee is now 
authorized as a ``minimum program state,'' it is also

[[Page 9804]]

eligible to receive funding to assume primary responsibility for 
administering the emergency program within the state.
    Updated Federal regulations: As stated above, at the time of 
Tennessee's regulatory program withdrawal, the Federal regulations at 
30 CFR 884.16 precluded a regulatory authority from receiving Federal 
funding for an AML program if its regulatory program was withdrawn. 
However, the 2006 SMCRA Amendment granted exceptions from that rule. 
The Federal regulations at 30 CFR 884.11 were amended on November 14, 
2008, to accommodate this change. In addition, the revised regulations 
at 30 CFR 886.23 now provide the states of Tennessee and Missouri are 
exempt from the requirement for an approved state regulatory program by 
Section 402(g)(8)(B) of SMCRA and are eligible to have an AML 
reclamation plan and funding. See 73 FR 67642.

II. Description and Submission of the Proposed Amendment

    By letter dated April 6, 2011, (Administrative Record Number TN-
1671), Tennessee requested OSM approve the Tennessee Reclamation Plan 
amendment. Currently, 30 CFR 942.20, Approval of Tennessee reclamation 
plan for lands and waters affected by past coal mining, refers to the 
Tennessee Reclamation Plan as submitted on March 24, 1982, as being the 
currently approved plan of record. This amendment seeks to address 
Federal and State changes that occurred since 1984, when the State's 
regulatory program was withdrawn.
    This amendment request formalizes discussions that took place 
between OSM and the State since the 2006 SMCRA Amendment. In a letter 
dated August 6, 2007 (Administrative Record No. TN-1670), OSM noted 
that an AML plan revision was necessary to update the reclamation plan 
of record to include any Federal and State changes that had occurred 
since 1984 as further described below:
    Federal Statutory Changes: Since Tennessee forfeited primacy in 
1984 there have been three statutory changes and one Presidential 
order, with impact on the effectiveness of the current AML plan of 
record. These include (1) The Abandoned Mine Reclamation Act of 1990: 
This bill revised the AML program to address interim program sites, 
insolvent sureties, acid mine drainage (AMD) and mined land set-aside 
funds, fund objectives and priorities, and other issues; (2) the Energy 
Policy Act of 1992: This bill revised the AML program in areas of coal 
re-mining, abandoned coal refuse sites, as well as cooperative 
agreements for coal formation fire control projects; and (3) the AML 
Reauthorization Bill of 2006: This bill extended the AML fee collection 
authority from 2007 to 2021, and revised the AML program in the areas 
of appropriation of funds, allocation formulas, fund objectives and 
priorities, AMD set aside accounts, water supply projects, State share 
payments, re-mining incentives, and minimum program funding to include 
the State of Tennessee.
    Federal Regulatory Changes: Changes made to the Federal regulatory 
provisions as a result of the aforementioned statutory changes, 
affecting Tennessee's current Reclamation Plan of record, are as 
follows: 30 CFR part 872, Moneys Available to Eligible States and 
Indian tribes; Part 874, General Reclamation Requirements; Part 876, 
Acid Mine Drainage Treatment and Abatement Program; Part 879, 
Management and Disposition of Lands and Water; Part 882, Reclamation on 
Private Land; Part 884, State Reclamation Plans; and Part 886, 
Reclamation Grants for Uncertified States and Indian Tribes. These 
regulation changes involved changes to the definitions of eligible 
lands and water, interim program eligibility requirements, reclamation 
objectives and priority designations, reclamation contractor 
responsibilities, state reclamation grant reporting, grant 
requirements, water supply projects, AMD set-aside accounts, and 
government-financed construction projects. See 73 FR at 67638.
    Presidential Order--Grants management: Other Federal changes 
affecting Tennessee's current Reclamation Plan of record include 
changes to grant laws, policies, and procedures that have occurred 
since 1984. Currently, Federal grant funds (including AML grant funds) 
are governed by the guidelines issued by the President's Office of 
Management and Budget (OMB). On March 12, 1987, the President directed 
all affected agencies to issue a common grants management rule to adopt 
Government-wide terms and conditions for financial assistance to state 
and local governments (referred to as the Grants Management Common 
Rule). OMB Circular A-102 was revised in 1988, to provide additional 
guidance to Federal agencies. The Department of the Interior issued its 
common rule on March 11, 1988, at 43 CFR part 12.
    The Grants Management Common Rule allows States to use their own 
procedures to manage their financial management, equipment, and 
procurement systems. OMB Circular A-102 was revised on October 14, 
1994, to include updated direction on: (1) Implementation of the metric 
system; (2) review of infrastructure investment; (3) implementation of 
the Resource Conservation and Recovery Act; and (4) public announcement 
of the amount of Federal funds used in certain contract awards. As a 
result of the Presidential Order, the grants management guidelines were 
codified at 43 CFR part 12 and extensive revisions were made to OSM's 
Federal Assistance Manual (FAM). In addition to the changes resulting 
from the Common Rule, OSM simplified the AML grant process in 1993, and 
these changes were also incorporated into the FAM.
    State Statutes and Regulations: The current Tennessee AML 
Reclamation Plan references Tennessee statute (Tennessee Coal Surface 
Mining Law of 1980) and regulations (Chapter 0400-1-24 of the Rules of 
the Tennessee Department of Conservation, Division of Surface Mining). 
TCA Section 59-8-324(m) is approved as it complies with 30 CFR part 
884.
    State Policies, Procedures, and Administration and Organization: 
Federal regulations at 30 CFR 884.13 outline the content of the AML 
reclamation plans. This includes State agency designations and legal 
opinions; description of the policies and procedures to be followed by 
the designated agency in conducting the reclamation program; and a 
description of the administrative and management structure to be used 
in conducting the reclamation program. These designations, opinions, 
policies, procedures (including coordination procedures), and 
organizational entities are current and will continue to be updated as 
necessary.

Review of the Proposed Amendment

    OSM announced receipt of the proposed amendment in the Monday, 
February 6, 2012, Federal Register, 77 FR 5740. In the same document, 
the public comment period was opened and an opportunity for public 
hearing or meeting was given. OSM did not hold a public hearing or 
meeting because none was requested.

III. OSM's Findings

    Following are the findings we made concerning the amendment under 
SMCRA and the Federal regulations at 30 CFR 884.14 and 884.15. We are 
approving the amendment. Any revisions that we do not specifically 
discuss below concern non-substantive wording or editorial changes.
    Content of the Revised Tennessee Reclamation Plan: Tennessee has

[[Page 9805]]

submitted an updated reclamation plan in an effort to address the 
concerns noted above. This updated plan, when approved, will entirely 
supersede the 1982 Tennessee AML Plan. The revised plan includes the 
following sections: Governor's Letter of Designation; Legal Opinions; 
Portions of the Tennessee Code Annotated; Purpose of the State 
Reclamation Program; Ranking and Selection; Coordination with Other 
Programs; Land Acquisition, Management and Disposal; Reclamation on 
Private Land; Rights of Entry; Public Participation Policies; 
Organization; Staffing Policies; Purchasing and Procurement; Accounting 
System; Location of Known or Suspected Eligible Land and Water; 
Description of Problems Occurring on Lands and Waters; Reclamation 
Proposals; Economic Base; Aesthetic, Historical or Cultural, and 
Recreation Values; and Endangered and Threatened Plant, Fish, Wildlife 
and Habitat. The revised plan replaces the old plan and is revised in 
parts; re-designated in parts; removed in parts and added in parts. Due 
to the extensive overhaul of the plan, a section by section description 
of changes was not included. However, we reviewed all substantive 
changes, each of which is set forth in this section.
    Below are the substantive changes made on behalf of Tennessee to 
address a revised letter of designation that was received by the 
Governor specifically designating the TDEC as the agency authorized to 
receive, administer and disburse federal grants pursuant to Title IV of 
SMCRA. Furthermore, citation to the Tennessee Code Annotated, at 
Section 59-8-324, codifying TDEC's authority to conduct a reclamation 
program was added.
    The ``Purpose of the State Reclamation Program'' was altered to 
directly reflect 30 CFR 884.13(c)(1) verbiage. Specific problem sources 
identified by OSM in the former draft were replaced with all-inclusive 
language as detailed in 30 CFR part 884; specifically, ``reclaiming 
those areas adversely impacting'' and ``areas contributing to 
environmental degradation consistent with Section 401 through 415 of 
SMCRA'' was added. The ``Ranking and Selection'' section was modified 
by adding the new title and eliminating superfluous verbiage. However, 
on page 10 of the revised Plan, the citation to ``30 CFR 
403(a)(1)(ii)'' is incorrect. The correct citation is ``30 CFR 
874.13(a)(1)(ii).'' Therefore, we recommend that Tennessee make this 
change. Submission of the citation change to OSM for approval is not 
necessary.
    To maintain consistency with 30 CFR 884.13, reference to mandatory 
written approval by OSM prior to commencement of AML project 
construction was added.
    At the recommendation of OSM, Tennessee revised its proposed 
amendment to read, ``Land Acquisition, Management and Disposal.'' 
Additionally, changes were made to this section to ensure it complies 
with 30 CFR part 879, Acquisition, Management, and Disposition of Lands 
and Water. This section is also in conformity with the Tennessee Code 
Annotated Section 59-8-324, granting authority for Tennessee's 
acquisition, management and disposal of land disturbed by past mining. 
Standards for professional Tennessee approved appraisers have been 
implemented when assessing the fair market value of land.
    Donations of land may be accepted if terms and conditions, as 
approved by TDEC, are not inconsistent with the Tennessee program and 
the deed states the transfer is a gift pursuant to SMCRA. Condemnation 
proceedings may ensue, but this is rare and contrary to Tennessee 
policy preferences. All reference to Federal approval of condemnations 
is removed. However, on page 20 of the revised Plan, first paragraph, 
after ``Section 324'', a citation to ``30 CFR 879.11 and 879.12'' 
should be added. Therefore, we recommend that Tennessee make these 
changes. Submission of the changes to OSM for approval is not 
necessary.
    The former section, ``Rights of Entry,'' was altered to add a 
procedure for entry when written consents could not be obtained. 
Moreover, this section was moved and a new section ``Reclamation on 
Private Land,'' was inserted detailing some of the former components of 
the previous ``Rights of Entry Section.'' The new section was altered 
to mandate that appraisals, including calculations relevant to fair 
market value, be performed prior to the commencement of reclamation. 
Additionally, factors allowing the State to waive liens must be 
established prior to the commencement of reclamation.
    ``Public Participation Policies'' removed references to the 1982 
AML Plan and now mirror OSM's public participation process mandates; 
specifically, public notices will be placed in local newspapers, and 
public participation policies are provided during the construction of 
the annual work plan. OSM approves this provision upon the 
understanding that the preparation of a finding of no significant 
impact, as specifically referenced in the AML Plan, is not the 
exclusive environmental document that may be prepared upon review of a 
potential project. In the alternative an environmental impact statement 
or a categorical exclusion would be prepared if necessary.
    The plan was revised to indicate that the Division of Water 
Pollution Control, Land Reclamation Section is now responsible for 
ensuring AML reclamation, managing major functions, collecting data 
entered into the AML inventory system pursuant to OSM directives, 
developing policies and procedures, and requesting legal assistance 
from General Counsel who determines eligibility. A revised 
organizational chart was also included. With regard to AML problem 
eligibility, Tennessee has added that AML problems include landslide 
hazards, highwalls, flooding, erosion, sedimentation, acid drainage, 
coal seam/refuse fires, subsidence, water loss, dangerous impoundments, 
abandoned structures/equipment, open mine portals, and open mine shafts 
and refuse areas. Tennessee further revised priority designations.
    References to OMB Circular A-102 were removed and a statement was 
added that purchasing and procurement systems used for all contracts 
conform to the requirements of the Grants Management Common Rule. In 
addition, statements are also included regarding the procurement 
approval process, competition, small business utilization, advertising, 
bidder eligibility, and independent audits.
    No further revisions, with the exception of minor wording, 
editorial, punctuation or grammatical changes, were made after the 
Federal Register notice. Because the substantive changes to the AML 
Plan meet the requirements of the Federal regulations at 30 CFR 884.13, 
884.14, and 884.15, OSM hereby approves this amendment.

IV. Summary and Disposition of Comments

Public Comments

    OSM asked for public comments on the amendment [Administrative 
Record Number TN-1671], but did not receive any.

State Agency Comments

    To fully comply with 30 CFR 884.14, OSM requested comments on the 
amendment from various State agencies with an actual or potential 
interest in the Tennessee program [Administrative Record Number TN-
1671]. Comments were received from the Tennessee Historic Commission 
(THC) on May 15, 2012 [Administrative Record Number TN-1675]. 
Specifically, THC requested

[[Page 9806]]

that the AML Plan be altered to read, ``[t]he Executive Director of the 
Tennessee Historical Commission serves as the State Historic 
Preservation Officer.'' Therefore, we recommend that Tennessee remove 
the term ``Commissioner,'' and replace it with ``Executive Director.'' 
Submission of the terminology change to OSM prior to approval is not 
necessary. THC also requests that Tennessee submit project requests to 
THC for review prior to submission to OSM. Additionally, THC requests 
Tennessee submit all proposed remediation or reclamation projects to 
THC prior to submissions to OSM. Following consultation with Tennessee, 
OSM has confirmed that this occurs as a matter of course; therefore, no 
revision to the proposed amendment is required.

Federal Agency Comments

    Under 30 CFR 884.14 and section 414 of SMCRA, OSM requested 
comments on the amendment from various Federal agencies with an actual 
or potential interest in the Tennessee program [Administrative Record 
Number TN-1671]. On June 1, 2012, a comment was received from the 
United States Fish and Wildlife Service (USFWS). [Administrative Record 
Number TN-1676]. The USFWS expressed concern regarding reclamation 
projects receiving less than 50% government funding. The USFWS 
interpreted the AML Plan to exclude the USFWS from assessment of 
environmental impacts in situations where coal extraction occurs. 
However, this interpretation is incorrect. Requisite in an analysis of 
any AML construction is the responsibility of OSM to comply with the 
National Environmental Policy Act (NEPA) 42 U.S.C. 4321 et seq. As 
detailed in the AML Plan, TDEC must ensure each reclamation project is 
``conducted in accordance with the provisions of 30 CFR Subchapter R.'' 
This section provides that any expenditure requiring compliance with 
the NEPA may not be used by the State until all actions necessary to 
ensure compliance with NEPA are taken. 30 CFR 886.16(d). As detailed in 
the FAM, used to assess NEPA applicability, compliance with NEPA 
includes consultation with agencies having jurisdiction over 
potentially affected resources. The USFWS is identified as one of the 
agencies with which consultation is necessary. Additionally, any coal 
extracted beyond the limits of the incidental coal is subject to the 
requirements of Title V of SMCRA permitting procedures under which the 
USFWS is consulted. Additionally, the AML Plan directly states, ``[t]he 
Tennessee AML program follows an approved consultation process 
involving a number of Federal and State agencies having either direct 
or indirect interests in proposed reclamation projects. Consistent with 
the [FAM] requirements to assure compliance with the [NEPA], TDEC 
consults with Federal and State agencies to prepare environmental 
documents on all proposed reclamation projects.'' Thus, the concerns of 
the USFWS are adequately addressed.

V. OSM's Decision

    Based on the above findings, we approve the Tennessee amendment 
received on April 6, 2011. To implement this decision, OSM is amending 
the Federal regulations at 30 CFR part 942, which codify decisions 
concerning the Tennessee program. We are approving this amendment 
because it complies with the requirements of 30 CFR 884.13, 884.14 and 
884.15, providing for content of State reclamation plans, State 
reclamation plan approval, and State reclamation plan amendments. OSM 
finds good cause exists pursuant to 5 U.S.C. 533(d) (the Administrative 
Procedure Act) to make this final rule effective immediately. SMCRA 
requires that the State's program demonstrate the state has the 
capability of carrying out the provisions of the Act and meeting its 
purposes. Making this regulation effective immediately by reinstating 
the AML Plan will expedite this process. The Federal statute and 
regulatory changes referenced herein fully support the implementation 
of this regulation. Moreover, SMCRA requires consistency of State and 
Federal standards and this objective is achieved.

VI. Procedural Determinations

Executive Order 12630--Takings

    This rule does not have Federal takings implications. The State of 
Tennessee expresses a policy preference of performing reclamation on 
abandoned mine lands through securing voluntary rights of entry, or in 
situations where owner approval to enter property is not given, to 
utilize friendly police power. As detailed in the amendment, when 
necessary, land or interests in land may be acquired by condemnation; 
however, this is rare and no condemnation proceeding shall be commenced 
until all reasonable efforts have been made to purchase the land or 
interests in land from a willing seller.

Executive Order 12866--Regulatory Planning and Review

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12866.

Executive Order 12988--Civil Justice Reform

    The Department of Interior has conducted the reviews required by 
Section 3 of Executive Order 12988 and has determined that, to the 
extent allowable by law, this rule meets the applicable standards of 
Subsections (a) and (b). However, these standards are not applicable to 
the actual language of State AML plans and plan amendments because each 
plan is drafted and promulgated by a specific State, not by OSM. Under 
Sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and the Federal 
regulations at 30 CFR 884.15, decisions on proposed State AML plans and 
plan amendments submitted by the States must be based solely on a 
determination of whether the submittal is consistent with SMCRA and its 
implementing Federal regulations and whether the other requirements of 
30 CFR part 884 have been met. This amendment addresses the State 
reclamation plan re-institution, as detailed herein.

Executive Order 13132--Federalism

    This rule does not have Federalism implications. SMCRA delineates 
the roles of the Federal and State governments regarding the regulation 
of surface coal mining and reclamation operations. One of the purposes 
of SMCRA is to ``establish a nationwide program to protect society and 
the environment from the adverse effects of surface coal mining 
operations.'' Section 503(a)(1) of SMCRA requires that State laws 
regulating surface coal mining and reclamation operations be ``in 
accordance with'' the requirements of SMCRA, and Section 503(a)(7) 
requires that State programs contain rules and regulations ``consistent 
with'' regulations issued by the Secretary. As discussed herein, 
revisions made pursuant to the 2006 SMCRA Amendment now allow funding 
for State Reclamation Plans, absent a regulatory program in the State. 
However, as outlined in CFR part 884 the requirements of SMCRA must be 
met.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Government

    In accordance with Executive Order 13175, we have evaluated the 
potential effects of this rule on Federally recognized Indian tribes 
and have determined that the rule does not have substantial direct 
effects on one or more Indian tribes, on the relationship between the 
Federal government and Indian tribes, or on the distribution of

[[Page 9807]]

power and responsibilities between the Federal government and Indian 
tribes. The basis for this determination is that our decision is 
relative to the implementation of a State Reclamation Plan and does not 
involve a Federal program involving Indian lands.

Executive Order 13211--Regulations That Significantly Affect the Supply 
Distribution or Use of Energy

    On May 18, 2001, the President issued Executive Order 13211 
requiring agencies to prepare a Statement of Energy Effects for a rule 
that is (1) considered significant under Executive Order 12866 
(Regulatory Planning and Review), and (2) likely to have significant 
adverse effect on the supply, distribution, or use of energy. Because 
this rule is exempt from review under Executive Order 12866, and is not 
expected to have a significant adverse effect on the supply, 
distribution, or use of energy, a Statement of Energy Effects is not 
required.

National Environmental Policy Act

    This rule does not require an environmental impact statement 
because it is deemed a categorical exclusion within the meaning of the 
National Environmental Policy Act (42 U.S.C. 4332(2)(C)). It is 
documented in the DOI Departmental Manual 516 DM 13.5 (B)(29), that 
agency decisions on approval of State reclamation plans for abandoned 
mine lands do not constitute major Federal actions.

Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 
3507 et seq.).

Regulatory Flexibility Act

    The Department of the Interior certifies that this rule will not 
have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
The State submittal, which is the subject of this rule, is based upon 
Federal regulations for which an economic analysis was prepared and 
certification made that such regulations would not have a significant 
economic effect upon a substantial number of small entities. In making 
the determination as to whether this rule would have significant 
economic impact, the Department relied upon data and assumptions for 
the Federal regulations.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not 
have an annual effect on the economy of $100 million; (b) Will not 
cause a major increase in costs or prices for consumers, individual 
industries, geographic regions, or Federal, State, or local government 
agencies; and (c) Does not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S. based enterprises to compete with foreign-based 
enterprises. This determination is based upon the fact that the State 
submittal, which is the subject of this rule, is based upon Federal 
regulations for which an analysis was prepared and a determination made 
that the Federal regulation was not considered a major rule.

Unfunded Mandates

    This rule will not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of $100 million or more in any 
given year. This determination is based upon the fact that the State 
submittal, which is the subject of this rule is based upon Federal 
regulations for which an analysis was prepared and a determination made 
that the Federal regulation did not impose an unfunded mandate.

List of Subjects in 30 CFR Part 942

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: July 2, 2012.
Michael K. Robinson,
Acting Regional Director, Appalachian Region.

    Editorial Note: This document was received at the Office of the 
Federal Register on February 6, 2013.

    For the reasons set out in the preamble, 30 CFR part 942 is amended 
as set forth below:

PART 942--TENNESSEE

0
1. The authority citation for part 942 continues to read as follows:

    Authority:  30 U.S.C. 1201 et seq.


0
2. Section 942.25 is added to read as follows:


Sec.  942.25  Approval of Tennessee abandoned mine land reclamation 
plan amendments.

    The following is a list of the dates amendments were submitted to 
OSM, the dates when the Director's decision approving all, or portions 
of these amendments, were published in the Federal Register and the 
State citations or a brief description of each amendment. The 
amendments in this table are listed in order of the date of final 
publication in the Federal Register.

------------------------------------------------------------------------
                                                           Citation/
  Original amendment submission         Date of         Description of
              date                  publication of         approved
                                      final rule          provisions
------------------------------------------------------------------------
April 6, 2011...................  February 12, 2013.  Revised AML Plan.
                                                      TCA Section 59-8-
                                                       324(m).
------------------------------------------------------------------------

[FR Doc. 2013-03053 Filed 2-11-13; 8:45 am]
BILLING CODE 4310-05-P