Ohio Abandoned Mine Land Program and Plan, 20599-20602 [2019-09556]

Download as PDF Federal Register / Vol. 84, No. 91 / Friday, May 10, 2019 / Proposed Rules FOR FURTHER INFORMATION CONTACT. We will arrange the location and time of the hearing with those persons requesting the hearing. If no one requests an opportunity to speak, we will not hold a hearing. To assist the transcriber and ensure an accurate record, we request, if possible, that each person who speaks at the public hearing provide us with a written copy of his or her comments. The public hearing will continue on the specified date until everyone scheduled to speak has been given an opportunity to be heard. If you are in the audience and have not been scheduled to speak and wish to do so, you will be allowed to speak after those who have been scheduled. We will end the hearing after everyone scheduled to speak and others present in the audience who wish to speak, have been heard. Public Meeting If only one person requests an opportunity to speak, we may hold a public meeting rather than a public hearing. If you wish to meet with us to discuss the amendment, please request a meeting by contacting the person listed under FOR FURTHER INFORMATION CONTACT. All such meetings are open to the public and, if possible, we will post notices of meetings at the locations listed under ADDRESSES. We will make a written summary of each meeting a part of the administrative record. IV. Procedural Determinations Executive Order 12866—Regulatory Planning and Review Pursuant to Office of Management and Budget (OMB) Guidance dated October 12, 1993, the approval of state program amendments is exempted from OMB review under Executive Order 12866. khammond on DSKBBV9HB2PROD with PROPOSALS Other Laws and Executive Orders Affecting Rulemaking When a State submits a Plan amendment to OSMRE for review, our regulations at 30 CFR 884.14 and 884.15, and agency policy require public notification and an opportunity for public comment. We accomplish this by publishing a notice in the Federal Register indicating receipt of the proposed amendment and its text or a summary of its terms. We conclude our review of the proposed amendment after the close of the public comment period and determine whether the amendment should be approved, approved in part, or not approved. At that time, we will also make the determinations and certifications required by the various laws and executive orders governing the VerDate Sep<11>2014 17:08 May 09, 2019 Jkt 247001 rulemaking process and include them in the final rule. List of Subjects in 30 CFR Part 925 Intergovernmental relations, Surface mining, Underground mining. Dated: March 19, 2019. Alfred L. Clayborne, Regional Director, Mid-Continent Region. [FR Doc. 2019–09558 Filed 5–9–19; 8:45 am] BILLING CODE 4310–05–P DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 935 [SATS No. OH–259–FOR; Docket ID: OSM– 2017–0002; S1D1S SS08011000 SX064A000 190S180110; S2D2S SS08011000 SX064A000 19XS501520] Ohio Abandoned Mine Land Program and Plan Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment. AGENCY: We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Ohio Reclamation Plan (the Ohio Plan) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Through this proposed amendment, Ohio seeks to amend its Abandoned Mine Land (AML) program by revising certain statutory provisions and modifying its AML reclamation plan. The revisions involve incorporating changes to SMCRA requirements (i.e., project eligibility and prioritization), eliminating the 50% match requirement for watershed groups, implementing changes to grant administration requirements, updating organizational changes, and incorporating other program changes. This document gives the times and locations that the Ohio program and this proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested. DATES: We will accept written comments on this amendment until 4:00 p.m., Eastern Standard Time (e.s.t.), June 10, 2019. If requested, we will hold a public hearing on the amendment on June 4, 2019. We will accept requests to SUMMARY: PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 20599 speak at a hearing until 4:00 p.m., e.s.t. on May 28, 2019. ADDRESSES: You may submit comments, identified by SATS No. OH–259–FOR, by any of the following methods: • Mail/Hand Delivery: Mr. Ben Owens, Chief, Pittsburgh Field Division, Office of Surface Mining Reclamation and Enforcement, 3 Parkway Center, Pittsburgh, PA 15220. • Fax: (412) 937–2177. • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. Instructions: All submissions received must include the agency name and docket number for this rulemaking. For detailed instructions on submitting comments and additional information on the rulemaking process, see the ‘‘Public Comment Procedures’’ heading of the SUPPLEMENTARY INFORMATION section of this document. Docket: For access to the docket to review copies of the Ohio program, this amendment, a listing of any scheduled public hearings, and all written comments received in response to this document, you must go to the address listed below during normal business hours, Monday through Friday, excluding holidays. You may receive one free copy of the amendment by contacting OSMRE’s Pittsburgh Field Division or the full text of the program amendment is available for you to read at www.regulations.gov. Mr. Ben Owens, Chief, Pittsburgh Field Division, Office of Surface Mining Reclamation and Enforcement, 3 Parkway Center, Pittsburgh, PA 15220, Telephone: (412) 937–2827, Email: bowens@osmre.gov In addition, you may review a copy of the amendment during regular business hours at the following location: Mr. Lanny E. Erdos, Chief, Ohio Department of Natural Resources, Division of Mineral Resources Management, 2045 Morse Road, Building H2, Telephone: (614) 265–6893, Email: lanny.erdos@ dnr.state.oh.us. FOR FURTHER INFORMATION CONTACT: Mr. Ben Owens, Chief, Pittsburgh Field Division, 3 Parkway Center, Pittsburgh, PA 15220. Telephone: (412) 937–2827, email: bowens@osmre.gov. SUPPLEMENTARY INFORMATION: I. Background on the Ohio Plan II. Description of the Proposed Amendment III. Public Comment Procedures IV. Procedural Determinations I. Background on the Ohio Plan A. Regulatory Program (Title V of SMCRA): Section 503(a) of the Act, State Programs, permits a state to assume primacy for the regulation of E:\FR\FM\10MYP1.SGM 10MYP1 khammond on DSKBBV9HB2PROD with PROPOSALS 20600 Federal Register / Vol. 84, No. 91 / Friday, May 10, 2019 / Proposed Rules surface coal mining and reclamation operations on non-Federal and nonIndian lands within its borders by demonstrating that its program includes, among other things, State laws and regulations that govern surface coal mining and reclamation operations in accordance with the Act and consistent with the Federal regulations. See 30 U.S.C. 1253(a)(1) and (7). On the basis of these criteria, the Secretary of the Interior conditionally approved the Ohio program on August 16, 1982. You can find background information on the Ohio program, including the Secretary’s findings, the disposition of comments, and conditions of approval of the Ohio program in the August 10, 1982, Federal Register (47 FR 34717). You can also find later actions concerning the Ohio program and program amendments at 30 CFR 935.10, State Regulatory Program Approval; 935.11, Conditions of State Regulatory Program Approval; and 935.15, Approval of Ohio Regulatory Program Amendments. B. AML Program (Title IV of SMCRA): Section 405 of the Act, State Reclamation Programs, permits a state to implement an AML reclamation program for the purposes of reclaiming and restoring eligible land and water resources adversely affected by past mining. See 30 U.S.C. 1235. This section prescribes the eligibility requirements for approval of State AML programs, minimum content requirements of an AML reclamation plan, submission requirements for the annual AML project listing, and general AML grant requirements. The Federal regulations at 30 CFR part 884 establish the procedures and requirements for the preparation, submission, and approval of state reclamation plans. On the basis of these criteria, the Secretary of the Interior conditionally approved the Ohio AML program on August 10, 1982. You can find background information on the Ohio AML program, including the Secretary’s findings, the disposition of comments, and conditions of approval of the Ohio AML program in the August 10, 1982, Federal Register (47 FR 37421). You can also find later actions concerning the Ohio AML program at 30 CFR 935.20, Approval of Ohio AML Reclamation Plan, and 935.25, Approval of Ohio AML Plan Amendments. II. Description of the Proposed Amendment By letter dated March 17, 2017 (Administrative Record No. OH–2195– 01), Ohio sent us an amendment that includes statutory changes to its Ohio Revised Code (ORC) as well as changes to its AML reclamation plan under VerDate Sep<11>2014 17:08 May 09, 2019 Jkt 247001 SMCRA (30 U.S.C. 1235) and its implementing regulations at 30 CFR 884.15, State Reclamation Plan Amendments. At our request and by letter dated September 15, 2017 (Administrative Record No. OH–2195– 04), Ohio resubmitted the amendment to provide additional clarity regarding the changes to the AML plan. On October 1, 2018, Ohio submitted additional changes to the 2016 updated AML plan, which involve public notification of environmental documents related to AML projects (Administrative Record No. OH–2195). The changes to the program as submitted are described below. A. Statutory Changes—Ohio Revised Code: Ohio submitted Substitute House Bill 471 of the 131st General Assembly (effective December 19, 2016), which affected ORC Section 1513.37, Abandoned Mine Reclamation Fund. The statutory revisions of this section reflect revisions to Federal SMCRA provisions, eliminate the 50% match requirement for watershed groups that administer AML reclamation projects, and incorporate changes in AML grants administration and organizational units. The bill also terminated the Council on Unreclaimed Strip Mined Land at 1513.29. The Council was established by law in 2000 and was responsible for reviewing and setting applicable expenditure limits on AML reclamation projects identified by the Ohio Department of Natural Resources. This change was made to implement the recommendations of Ohio’s Sunset Review Committee. B. Ohio AML Plan Changes: Ohio is also seeking to replace its last AML reclamation plan on record with an updated version (2016 Ohio State Reclamation Plan). The last AML reclamation plan amendment was approved on March 26, 1997, and, taken together with the original plan and previously approved amendments, is considered the current approved plan of record. These previously approved amendments, codified at 935.25, Approval of the Ohio Reclamation Plan Amendments, involved statutory changes and changes involving the Rural Abandoned Mined Lands Program, staff reorganizations, the AML emergency program, acid mine drainage reclamation, and the project selection process. The 2016 plan addresses various aspects of the reclamation program, including, but not limited to: Project information (eligibility, ranking and selection); coordination with OSMRE and other agencies; policies regarding reclamation on private land, land acquisition, and rights of entry; public PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 participation; and program management and administration. The plan has been modified to reflect Federal statutory changes, regulatory changes, and changes to Federal grants administration policies and procedures. In addition, changes to Ohio statutory provisions and other program changes, such as organizational changes, are also reflected in the revision. This revised plan replaces the old plan and is revised in parts; redesignated in parts; removed in parts, and added in parts. Minor revisions such as organizational name changes and editorial changes are also included. Federal changes effecting the plan revision are described below. 1. Federal Statutory Changes: There was one major statutory change affecting Title IV of the Act (SMCRA) that occurred since 1997. The change occurred in 2006 through the AML Reauthorization Bill of 2006. This bill extended the AML fee collection authority from 2007 to 2021 and revised the AML program in areas such as the appropriation of funds, allocation formulas, fund objectives and priorities, reclamation lien waivers, AMD set aside accounts, water supply projects, state share payments, remining incentives, and minimum program funding. 2. Federal Regulatory Changes: Changes made to the Federal regulatory provisions, as a result of the aforementioned statutory changes, affecting Ohio’s current AML 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 regulatory 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 67638. 3. Federal Grants Management Changes: The Federal changes affecting Ohio’s current AML Reclamation Plan of record involve changes to the President’s Office of Management and Budget’s (OMB’s) Circular A–102, ‘‘Grants and Cooperative Agreements with State and Local Governments.’’ The OMB, working cooperatively with E:\FR\FM\10MYP1.SGM 10MYP1 khammond on DSKBBV9HB2PROD with PROPOSALS Federal Register / Vol. 84, No. 91 / Friday, May 10, 2019 / Proposed Rules Federal agencies and non-Federal parties, establishes government-wide grants management policies and guidelines through circulars and common rules. Currently, Federal grant funds (including AML grant funds) are governed by the guidelines issued by the OMB. On March 12, 1987, all agencies were directed 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). As a result of the Presidential Order, the grants management guidelines were codified for the Department of the Interior grant programs at 43 CFR part 12 and extensive revisions were made to OSMRE’s Federal Assistance Manual (FAM). In addition to the changes to OMB Circular A–102 that resulted from the Common Rule and subsequent revisions that were made to the circular, OSMRE had simplified the AML grant process in 1993, and these changes were also incorporated into the FAM. C. State/Federal AML Project Coordination: In addition to the statutory changes and plan changes described above, Ohio also submitted changes that involve Federal and State program coordination of AML project responsibilities. Ohio submitted a programmatic agreement between OSMRE, the Ohio History Connection, the State Historic Preservation Office, and the Ohio Department of Natural Resources, Division of Mineral Resources Management. The agreement was signed on January 25, 2017, and formalizes the agreed-upon process for carrying out the responsibilities pursuant to section 106 and section 110(f) of the National Historic Preservation Act and the regulations at 36 CFR part 800. Ohio asserts that execution and implementation of this agreement is evidence that OSMRE and Ohio have afforded the Advisory Council on Historic Preservation a reasonable opportunity to comment on the AML program, as administered by OSMRE, and that Ohio has taken into account the effects of the program on historic properties under the National Historic Preservation Act (NHPA), associated regulations, and other related statutes. This programmatic agreement describes how AML funds are transferred from OSMRE to the State for the AML program and how coordination regarding NHPA responsibilities will be carried out. This agreement outlines the review and consultation process and includes delegations, personnel, project review procedures, treatment, and VerDate Sep<11>2014 17:08 May 09, 2019 Jkt 247001 resolution of adverse effects. It also addresses post-review discoveries, treatment of human remains, public participation/notification/objections, monitoring and annual reporting/ review, dispute resolution, training and technical assistance, and terms of the agreement. It also provides the delegated responsibility to Ohio to make decisions regarding eligibility for properties. The full text of the program amendment is available for you to read at the locations listed above under ADDRESSES or at www.regulations.gov. III. Public Comment Procedures We are seeking your comments on whether the amendment satisfies the applicable plan approval criteria of 30 CFR 884.14 and 884.15. If we approve the amendment, it will become part of the State program. Electronic or Written Comments If you submit written or electronic comments on the proposed rule during the 30-day comment period, they should be specific, confined to issues pertinent to the proposed regulations, and explain the reason for any recommended change(s). We appreciate any and all comments, but those most useful and likely to influence decisions on the final regulations will be those that either involve personal experience or include citations to and analyses of SMCRA, its legislative history, its implementing regulations, case law, other pertinent State or Federal laws or regulations, technical literature, or other relevant publications. We cannot ensure that comments received after the close of the comment period (see DATES) or sent to an address other than those listed (see ADDRESSES) will be included in the docket for this rulemaking and considered. Public Availability of Comments Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment, including your personal identifying information, may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Public Hearing If you wish to speak at the public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., e.d.t. on May 28, 2019. If you are disabled and need reasonable PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 20601 accommodations to attend a public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT. We will arrange the location and time of the hearing with those persons requesting the hearing. If no one requests an opportunity to speak, we will not hold a hearing. To assist the transcriber and ensure an accurate record, we request, if possible, that each person who speaks at the public hearing provide us with a written copy of his or her comments. The public hearing will continue on the specified date until everyone scheduled to speak has been given an opportunity to be heard. If you are in the audience and have not been scheduled to speak and wish to do so, you will be allowed to speak after those who have been scheduled. We will end the hearing after everyone scheduled to speak, and others present in the audience who wish to speak, have been heard. Public Meeting If only one person requests an opportunity to speak, we may hold a public meeting rather than a public hearing. If you wish to meet with us to discuss the amendment, please request a meeting by contacting the person listed under FOR FURTHER INFORMATION CONTACT. All such meetings are open to the public and, if possible, we will post notices of meetings at the locations listed under ADDRESSES. We will make a written summary of each meeting a part of the administrative record. IV. Procedural Determinations Executive Order 12866—Regulatory Planning and Review Pursuant to Office of Management and Budget (OMB) Guidance dated October 12, 1993, the approval of State plan amendments are exempted from OMB review under Executive Order 12866. Other Laws and Executive Orders Affecting Rulemaking When a state submits a plan amendment to OSMRE for review, our regulations at 30 CFR 884.14 and 884.15, and agency policy require public notification and opportunity for public comment. We accomplish this by publishing a proposed rule notice in the Federal Register indicating receipt of the proposed amendment and its text or a summary of its terms. We conclude our review of the proposed amendment after the close of the public comment period and determine whether the amendment should be approved, approved in part, or not approved. At that time, we will also make the determinations and certifications E:\FR\FM\10MYP1.SGM 10MYP1 20602 Federal Register / Vol. 84, No. 91 / Friday, May 10, 2019 / Proposed Rules required by the various laws and executive orders governing the rulemaking process and include them in the final rule. Kessler, Waterways Management Division, U.S. Coast Guard; 281–464– 4891, Sarah.A.Kessler@uscg.mil. SUPPLEMENTARY INFORMATION: List of Subjects in 30 CFR Part 935 I. Table of Abbreviations Intergovernmental relations, Surface mining, Underground mining. CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code COTP Captain of the Port Dated: November 16, 2018. Thomas D. Shope, Regional Director, Appalachian Region. Editorial note: This document was received for publication by the Office of the Federal Register on May 6, 2019. [FR Doc. 2019–09556 Filed 5–9–19; 8:45 am] BILLING CODE 4310–05–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG–2019–0312] RIN 1625–AA08 Special Local Regulation; Clear Lake, Clear Creek, TX Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard is proposing to establish a special local regulation for certain waters within Clear Lake, Clear Creek, TX. This action is necessary to provide safety of life on these navigable waters immediately before, during, and after the Texas Outlaw Challenge, a power boat race being held annually on the third Friday of June. This proposed rulemaking would prohibit persons and vessels not participating in the event from being within the specified zone unless authorized by the Captain of the Port Houston/Galveston (COTP) or a designated representative. We invite your comments on this proposed rulemaking. SUMMARY: Comments and related material must be received by the Coast Guard on or before May 28, 2019. ADDRESSES: You may submit comments identified by docket number USCG– 2019–0312 using the Federal eRulemaking Portal at https:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. khammond on DSKBBV9HB2PROD with PROPOSALS DATES: If you have questions about this proposed rulemaking, call or email MST3 Sarah FOR FURTHER INFORMATION CONTACT: VerDate Sep<11>2014 17:58 May 09, 2019 Jkt 247001 II. Background, Purpose, and Legal Basis On April 16, 2019, The Offshore Thunder Productions notified the Coast Guard that they will be hosting a power boat race from 9 to 11:30 a.m. on June 21, 2019. This event will take place in Clear Lake. The COTP has determined that potential hazards associated with the power boat race would be a safety concern for anyone within the Pre-Stage Zone, Approach Zone, Course Run Zone, Shut-Down Zone, and Turn Zone. The purpose of this rulemaking is to ensure the safety of vessels and the navigable waters within the Pre-Stage Zone, Approach Zone, Course Run Zone, and Shut-Down Zone before, during, and after the scheduled event. The Coast Guard is proposing this rulemaking under authority in 46 U.S.C. 70041. III. Discussion of Proposed Rule The COTP is proposing to establish a special local regulation from 9 to 11:30 a.m. on the third Friday of June. The special local regulation will encompass 5 different zones to include The PreStage Zone, Approach Zone, Course Run Zone, Shut-Down Zone, and the Spectator Zone as described below: Pre-Stage Zone: This area is the pre-staging area for participating vessels to line up. It will include all waters within the following areas 29°33.13 N 095°01.84 W, 29°33.12 N 095°01.89 W, 29°33.23 N 095°01.96 W, 29°33.13 N 095°01.84 W. Approach Zone: 1⁄4 mile distance required for participating vessels to obtain the minimum 40mph requirement for course entry. This will be a straight line to begin at approximately 29°33.256 N, 095°01.89 W and end at approximately 29°33.33 N, 095°02.15 W. Course Run Zone: 3⁄4 mile distance where participating vessels will conduct their highspeed run. This will be a straight line to begin at approximately 29°33.33 N, 095°02.16 W and end at approximately 29°33.53 N, 095°02.98 W. Shut-Down Zone: 1 mile distance where participating vessels will be allowed to slow their speeds back to an idle. This will be a straight line to begin at approximately 29°33.53 N, 095°02.98 W and end at approximately 29°33.74 N, 095°04.1 W. PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 Spectator Zone: All vessels that will be viewing the event will be required to stay within a designated area. The sponsor is responsible for marking the spectator zone with 4 buoys on the outer corners and ensuring that all vessels within the area are anchored and remain in the area during all ongoing high-speed runs. No vessel or person would be permitted to enter the established zones without obtaining permission from the on-water Safety-Officer or designated representative. IV. Regulatory Analyses We developed this proposed rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This NPRM has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the size, location, and duration of the power boat race. The safety zone will impact a small area of Clear Lake for two and one-half hours on June 21, 2019. The Coast Guard will issue a Broadcast notice to Mariners via VHF–FM marine channel 16 regarding the special local regulations, and the zone will allow vessels to seek permission to enter the zone. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. E:\FR\FM\10MYP1.SGM 10MYP1

Agencies

[Federal Register Volume 84, Number 91 (Friday, May 10, 2019)]
[Proposed Rules]
[Pages 20599-20602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09556]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 935

[SATS No. OH-259-FOR; Docket ID: OSM-2017-0002; S1D1S SS08011000 
SX064A000 190S180110; S2D2S SS08011000 SX064A000 19XS501520]


Ohio Abandoned Mine Land Program and Plan

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

ACTION: Proposed rule; public comment period and opportunity for public 
hearing on proposed amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE), are announcing receipt of a proposed amendment to the Ohio 
Reclamation Plan (the Ohio Plan) under the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA or the Act). Through this proposed 
amendment, Ohio seeks to amend its Abandoned Mine Land (AML) program by 
revising certain statutory provisions and modifying its AML reclamation 
plan. The revisions involve incorporating changes to SMCRA requirements 
(i.e., project eligibility and prioritization), eliminating the 50% 
match requirement for watershed groups, implementing changes to grant 
administration requirements, updating organizational changes, and 
incorporating other program changes. This document gives the times and 
locations that the Ohio program and this proposed amendment to that 
program are available for your inspection, the comment period during 
which you may submit written comments on the amendment, and the 
procedures that we will follow for the public hearing, if one is 
requested.

DATES: We will accept written comments on this amendment until 4:00 
p.m., Eastern Standard Time (e.s.t.), June 10, 2019. If requested, we 
will hold a public hearing on the amendment on June 4, 2019. We will 
accept requests to speak at a hearing until 4:00 p.m., e.s.t. on May 
28, 2019.

ADDRESSES: You may submit comments, identified by SATS No. OH-259-FOR, 
by any of the following methods:
     Mail/Hand Delivery: Mr. Ben Owens, Chief, Pittsburgh Field 
Division, Office of Surface Mining Reclamation and Enforcement, 3 
Parkway Center, Pittsburgh, PA 15220.
     Fax: (412) 937-2177.
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. For detailed instructions on 
submitting comments and additional information on the rulemaking 
process, see the ``Public Comment Procedures'' heading of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: For access to the docket to review copies of the Ohio 
program, this amendment, a listing of any scheduled public hearings, 
and all written comments received in response to this document, you 
must go to the address listed below during normal business hours, 
Monday through Friday, excluding holidays. You may receive one free 
copy of the amendment by contacting OSMRE's Pittsburgh Field Division 
or the full text of the program amendment is available for you to read 
at www.regulations.gov.

Mr. Ben Owens, Chief, Pittsburgh Field Division, Office of Surface 
Mining Reclamation and Enforcement, 3 Parkway Center, Pittsburgh, PA 
15220, Telephone: (412) 937-2827, Email: [email protected]

    In addition, you may review a copy of the amendment during regular 
business hours at the following location: Mr. Lanny E. Erdos, Chief, 
Ohio Department of Natural Resources, Division of Mineral Resources 
Management, 2045 Morse Road, Building H2, Telephone: (614) 265-6893, 
Email: [email protected].

FOR FURTHER INFORMATION CONTACT: Mr. Ben Owens, Chief, Pittsburgh Field 
Division, 3 Parkway Center, Pittsburgh, PA 15220. Telephone: (412) 937-
2827, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Ohio Plan
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations

I. Background on the Ohio Plan

    A. Regulatory Program (Title V of SMCRA): Section 503(a) of the 
Act, State Programs, permits a state to assume primacy for the 
regulation of

[[Page 20600]]

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, State laws and regulations that govern 
surface coal mining and reclamation operations in accordance with the 
Act and consistent with the Federal regulations. See 30 U.S.C. 
1253(a)(1) and (7). On the basis of these criteria, the Secretary of 
the Interior conditionally approved the Ohio program on August 16, 
1982. You can find background information on the Ohio program, 
including the Secretary's findings, the disposition of comments, and 
conditions of approval of the Ohio program in the August 10, 1982, 
Federal Register (47 FR 34717). You can also find later actions 
concerning the Ohio program and program amendments at 30 CFR 935.10, 
State Regulatory Program Approval; 935.11, Conditions of State 
Regulatory Program Approval; and 935.15, Approval of Ohio Regulatory 
Program Amendments.
    B. AML Program (Title IV of SMCRA): Section 405 of the Act, State 
Reclamation Programs, permits a state to implement an AML reclamation 
program for the purposes of reclaiming and restoring eligible land and 
water resources adversely affected by past mining. See 30 U.S.C. 1235. 
This section prescribes the eligibility requirements for approval of 
State AML programs, minimum content requirements of an AML reclamation 
plan, submission requirements for the annual AML project listing, and 
general AML grant requirements. The Federal regulations at 30 CFR part 
884 establish the procedures and requirements for the preparation, 
submission, and approval of state reclamation plans.
    On the basis of these criteria, the Secretary of the Interior 
conditionally approved the Ohio AML program on August 10, 1982. You can 
find background information on the Ohio AML program, including the 
Secretary's findings, the disposition of comments, and conditions of 
approval of the Ohio AML program in the August 10, 1982, Federal 
Register (47 FR 37421). You can also find later actions concerning the 
Ohio AML program at 30 CFR 935.20, Approval of Ohio AML Reclamation 
Plan, and 935.25, Approval of Ohio AML Plan Amendments.

II. Description of the Proposed Amendment

    By letter dated March 17, 2017 (Administrative Record No. OH-2195-
01), Ohio sent us an amendment that includes statutory changes to its 
Ohio Revised Code (ORC) as well as changes to its AML reclamation plan 
under SMCRA (30 U.S.C. 1235) and its implementing regulations at 30 CFR 
884.15, State Reclamation Plan Amendments. At our request and by letter 
dated September 15, 2017 (Administrative Record No. OH-2195-04), Ohio 
resubmitted the amendment to provide additional clarity regarding the 
changes to the AML plan. On October 1, 2018, Ohio submitted additional 
changes to the 2016 updated AML plan, which involve public notification 
of environmental documents related to AML projects (Administrative 
Record No. OH-2195). The changes to the program as submitted are 
described below.
    A. Statutory Changes--Ohio Revised Code: Ohio submitted Substitute 
House Bill 471 of the 131st General Assembly (effective December 19, 
2016), which affected ORC Section 1513.37, Abandoned Mine Reclamation 
Fund. The statutory revisions of this section reflect revisions to 
Federal SMCRA provisions, eliminate the 50% match requirement for 
watershed groups that administer AML reclamation projects, and 
incorporate changes in AML grants administration and organizational 
units. The bill also terminated the Council on Unreclaimed Strip Mined 
Land at 1513.29. The Council was established by law in 2000 and was 
responsible for reviewing and setting applicable expenditure limits on 
AML reclamation projects identified by the Ohio Department of Natural 
Resources. This change was made to implement the recommendations of 
Ohio's Sunset Review Committee.
    B. Ohio AML Plan Changes: Ohio is also seeking to replace its last 
AML reclamation plan on record with an updated version (2016 Ohio State 
Reclamation Plan). The last AML reclamation plan amendment was approved 
on March 26, 1997, and, taken together with the original plan and 
previously approved amendments, is considered the current approved plan 
of record. These previously approved amendments, codified at 935.25, 
Approval of the Ohio Reclamation Plan Amendments, involved statutory 
changes and changes involving the Rural Abandoned Mined Lands Program, 
staff reorganizations, the AML emergency program, acid mine drainage 
reclamation, and the project selection process.
    The 2016 plan addresses various aspects of the reclamation program, 
including, but not limited to: Project information (eligibility, 
ranking and selection); coordination with OSMRE and other agencies; 
policies regarding reclamation on private land, land acquisition, and 
rights of entry; public participation; and program management and 
administration. The plan has been modified to reflect Federal statutory 
changes, regulatory changes, and changes to Federal grants 
administration policies and procedures. In addition, changes to Ohio 
statutory provisions and other program changes, such as organizational 
changes, are also reflected in the revision. This revised plan replaces 
the old plan and is revised in parts; redesignated in parts; removed in 
parts, and added in parts. Minor revisions such as organizational name 
changes and editorial changes are also included. Federal changes 
effecting the plan revision are described below.
    1. Federal Statutory Changes: There was one major statutory change 
affecting Title IV of the Act (SMCRA) that occurred since 1997. The 
change occurred in 2006 through the AML Reauthorization Bill of 2006. 
This bill extended the AML fee collection authority from 2007 to 2021 
and revised the AML program in areas such as the appropriation of 
funds, allocation formulas, fund objectives and priorities, reclamation 
lien waivers, AMD set aside accounts, water supply projects, state 
share payments, remining incentives, and minimum program funding.
    2. Federal Regulatory Changes: Changes made to the Federal 
regulatory provisions, as a result of the aforementioned statutory 
changes, affecting Ohio's current AML 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 
regulatory 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 67638.
    3. Federal Grants Management Changes: The Federal changes affecting 
Ohio's current AML Reclamation Plan of record involve changes to the 
President's Office of Management and Budget's (OMB's) Circular A-102, 
``Grants and Cooperative Agreements with State and Local Governments.'' 
The OMB, working cooperatively with

[[Page 20601]]

Federal agencies and non-Federal parties, establishes government-wide 
grants management policies and guidelines through circulars and common 
rules. Currently, Federal grant funds (including AML grant funds) are 
governed by the guidelines issued by the OMB. On March 12, 1987, all 
agencies were directed 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). As a result of the Presidential Order, the grants 
management guidelines were codified for the Department of the Interior 
grant programs at 43 CFR part 12 and extensive revisions were made to 
OSMRE's Federal Assistance Manual (FAM). In addition to the changes to 
OMB Circular A-102 that resulted from the Common Rule and subsequent 
revisions that were made to the circular, OSMRE had simplified the AML 
grant process in 1993, and these changes were also incorporated into 
the FAM.
    C. State/Federal AML Project Coordination: In addition to the 
statutory changes and plan changes described above, Ohio also submitted 
changes that involve Federal and State program coordination of AML 
project responsibilities. Ohio submitted a programmatic agreement 
between OSMRE, the Ohio History Connection, the State Historic 
Preservation Office, and the Ohio Department of Natural Resources, 
Division of Mineral Resources Management. The agreement was signed on 
January 25, 2017, and formalizes the agreed-upon process for carrying 
out the responsibilities pursuant to section 106 and section 110(f) of 
the National Historic Preservation Act and the regulations at 36 CFR 
part 800.
    Ohio asserts that execution and implementation of this agreement is 
evidence that OSMRE and Ohio have afforded the Advisory Council on 
Historic Preservation a reasonable opportunity to comment on the AML 
program, as administered by OSMRE, and that Ohio has taken into account 
the effects of the program on historic properties under the National 
Historic Preservation Act (NHPA), associated regulations, and other 
related statutes. This programmatic agreement describes how AML funds 
are transferred from OSMRE to the State for the AML program and how 
coordination regarding NHPA responsibilities will be carried out. This 
agreement outlines the review and consultation process and includes 
delegations, personnel, project review procedures, treatment, and 
resolution of adverse effects. It also addresses post-review 
discoveries, treatment of human remains, public participation/
notification/objections, monitoring and annual reporting/review, 
dispute resolution, training and technical assistance, and terms of the 
agreement. It also provides the delegated responsibility to Ohio to 
make decisions regarding eligibility for properties.
    The full text of the program amendment is available for you to read 
at the locations listed above under ADDRESSES or at 
www.regulations.gov.

III. Public Comment Procedures

    We are seeking your comments on whether the amendment satisfies the 
applicable plan approval criteria of 30 CFR 884.14 and 884.15. If we 
approve the amendment, it will become part of the State program.

Electronic or Written Comments

    If you submit written or electronic comments on the proposed rule 
during the 30-day comment period, they should be specific, confined to 
issues pertinent to the proposed regulations, and explain the reason 
for any recommended change(s). We appreciate any and all comments, but 
those most useful and likely to influence decisions on the final 
regulations will be those that either involve personal experience or 
include citations to and analyses of SMCRA, its legislative history, 
its implementing regulations, case law, other pertinent State or 
Federal laws or regulations, technical literature, or other relevant 
publications.
    We cannot ensure that comments received after the close of the 
comment period (see DATES) or sent to an address other than those 
listed (see ADDRESSES) will be included in the docket for this 
rulemaking and considered.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment, including your personal identifying 
information, may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., e.d.t. on 
May 28, 2019. If you are disabled and need reasonable accommodations to 
attend a public hearing, contact the person listed under FOR FURTHER 
INFORMATION CONTACT. We will arrange the location and time of the 
hearing with those persons requesting the hearing. If no one requests 
an opportunity to speak, we will not hold a hearing.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at the public hearing 
provide us with a written copy of his or her comments. The public 
hearing will continue on the specified date until everyone scheduled to 
speak has been given an opportunity to be heard. If you are in the 
audience and have not been scheduled to speak and wish to do so, you 
will be allowed to speak after those who have been scheduled. We will 
end the hearing after everyone scheduled to speak, and others present 
in the audience who wish to speak, have been heard.

Public Meeting

    If only one person requests an opportunity to speak, we may hold a 
public meeting rather than a public hearing. If you wish to meet with 
us to discuss the amendment, please request a meeting by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings 
are open to the public and, if possible, we will post notices of 
meetings at the locations listed under ADDRESSES. We will make a 
written summary of each meeting a part of the administrative record.

IV. Procedural Determinations

Executive Order 12866--Regulatory Planning and Review

    Pursuant to Office of Management and Budget (OMB) Guidance dated 
October 12, 1993, the approval of State plan amendments are exempted 
from OMB review under Executive Order 12866.

Other Laws and Executive Orders Affecting Rulemaking

    When a state submits a plan amendment to OSMRE for review, our 
regulations at 30 CFR 884.14 and 884.15, and agency policy require 
public notification and opportunity for public comment. We accomplish 
this by publishing a proposed rule notice in the Federal Register 
indicating receipt of the proposed amendment and its text or a summary 
of its terms. We conclude our review of the proposed amendment after 
the close of the public comment period and determine whether the 
amendment should be approved, approved in part, or not approved. At 
that time, we will also make the determinations and certifications

[[Page 20602]]

required by the various laws and executive orders governing the 
rulemaking process and include them in the final rule.

List of Subjects in 30 CFR Part 935

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: November 16, 2018.
Thomas D. Shope,
Regional Director, Appalachian Region.

    Editorial note:  This document was received for publication by 
the Office of the Federal Register on May 6, 2019.

[FR Doc. 2019-09556 Filed 5-9-19; 8:45 am]
 BILLING CODE 4310-05-P

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