Wyoming Abandoned Mine Land Reclamation Plan, 59019-59024 [2021-23292]

Agencies

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

[Federal Register Volume 86, Number 204 (Tuesday, October 26, 2021)]
[Rules and Regulations]
[Pages 59019-59024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23292]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 950

[SATS No. WY-048-FOR; Docket No. OSM-2020-0005]; S1D1S SS08011000 
SX064A000 222S180110; S2D2S SS08011000 SX064A000 22XS501520]


Wyoming Abandoned Mine Land Reclamation Plan

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

ACTION: Final rule; approval of amendment.

-----------------------------------------------------------------------

SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE), are approving an amendment to the Wyoming Abandoned Mine Land 
(AML) Reclamation Plan (hereinafter, the Wyoming Plan or Plan) under 
the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the 
Act). Wyoming proposed to repeal and replace its existing AML Plan in 
response to OSMRE's request to amend the Plan, as well as improve the 
Plan's readability and operational efficiency. These changes are being 
submitted in response to legislative and regulatory changes made under 
SMCRA.

DATES: Effective November 26, 2021.

FOR FURTHER INFORMATION CONTACT: Jeffrey Fleischman, Director Denver 
Field Division, Office of Surface Mining Reclamation and Enforcement, 
Dick Cheney Federal Building, 100 East B Street, Room 4100, Casper, 
Wyoming 82601-1018. Telephone: (307) 261-6550.Email: 
[email protected].

SUPPLEMENTARY INFORMATION:
I. Background on the Wyoming AML Program
II. Submission of the Amendment
III. OSMRE's Findings
IV. Summary and Disposition of Comments
V. OSMRE's Decision
VI. Procedural Determinations

I. Background on the Wyoming AML Program

    The AML Reclamation Program was established by Title IV of the Act 
(30 U.S.C. 1201, et seq.) in response to concerns over extensive 
environmental damage caused by past coal mining activities. The program 
is funded by a reclamation fee collected on each ton of coal produced. 
The reclamation fees collected, as well as additional appropriations, 
are used to finance the reclamation of abandoned coal mines and for 
other authorized activities. Section 405 of the Act allows States and 
Indian Tribes to assume exclusive responsibility for reclamation 
activity within the State or on Indian lands if they develop, and 
submit to the Secretary of the Interior for approval, a program (often 
referred to as a Plan) for the reclamation of abandoned coal mines.
    On February 14, 1983, the Secretary of the Interior approved 
Wyoming's Plan. You can find general background information on the 
Wyoming Plan, including the Secretary's findings and the disposition of 
comments, in the February 14, 1983, Federal Register (48 FR 6536). 
OSMRE announced in the May 25, 1984, Federal Register (49 FR 22139), 
the Director's decision accepting certification by Wyoming that it had 
addressed all known coal-related impacts in the State that were 
eligible for funding under the Wyoming Plan. Wyoming could then proceed 
in reclaiming low priority noncoal projects. The Director accepted 
Wyoming's proposal that it would seek immediate funding for reclamation 
of any additional coal-related problems that occur during the life of 
the Wyoming Plan. You can find later actions concerning Wyoming's Plan 
and plan amendments at 30 CFR 950.35.

II. Submission of the Amendment

    Under the authority of 30 CFR 884.15, OSMRE directed Wyoming to 
update its Plan by letter dated March 6, 2019 (Document ID No. WY-053-
01). OSMRE indicated the Wyoming Plan needed revisions to meet the 
requirements of SMCRA as revised on December 20, 2006 as part of the 
Tax Relief and Health Care Act of 2006 (Pub. L. 109-432), and in 
response to changes made to the implementing Federal regulations as 
revised on November 14, 2008 (73 FR 67576) and February 5, 2015 (80 FR

[[Page 59020]]

6435). OSMRE provided Wyoming with a summary of changes to the Federal 
program as well as a description of the potentially required Plan 
amendments in the March 6, 2019 letter. By letter dated July 21, 2020 
(Administrative Record No. WY-053-02), Wyoming submitted an amendment 
to its Plan under SMCRA (30 U.S.C. 1201, et seq.). Wyoming's amendment 
is intended to address all required changes identified in OSMRE's March 
6, 2019 letter, as well as additional changes proposed at the State's 
initiative to make the Wyoming Plan conform to principles of plain 
language that would make the Plan more reader friendly. Wyoming's 
amendment will repeal and replace Wyoming's existing Plan.
    We announced receipt of the proposed amendment in the December 17, 
2020, Federal Register (85 FR 81862). In the same document, we opened 
the public comment period and provided an opportunity for a public 
hearing or meeting on the adequacy of the amendment. We did not hold a 
public hearing or meeting because none were requested. We received two 
comments regarding the amendment. The public comment period ended on 
January 19, 2021.

III. OSMRE's Findings

    The following are the findings we made concerning Wyoming's 
amendment to its Plan under SMCRA and the Federal regulations at 30 CFR 
884.14 and 884.15. We are approving the amendment as described below.
    Wyoming is repealing and replacing its entire AML Reclamation Plan 
with a version that is structured similar to the Federal AML 
Reclamation Plan content requirements for States found at 30 CFR 
884.13. Wyoming's existing Plan is lengthy and difficult to navigate. 
Wyoming has since reorganized the Plan (Administrative Record No. WY-
053-02) to make it more reader friendly by removing excess narrative 
and instead incorporating required information by reference. For 
example, Wyoming is removing and referencing Federal Register 
documentation about its AML Program approval, Program, and Plan 
revisions, and certification of completion of all known high priority 
coal hazards. Removal and incorporation by reference is appropriate 
because these documents are not required to be in the Wyoming Plan. 
Furthermore, this approach decreases the overall length of the Plan, 
prevents the need for additional revisions in the event of future 
regulatory or statutory changes, and does not alter Wyoming's authority 
or procedures for implementing its AML Program.
    As such, the revised Plan (Administrative Record No. WY-053-02) 
includes a table that lists all amendments in order of the date of 
final publication in the Federal Register. In addition, Wyoming has 
implemented the required changes identified in OSMRE's March 6, 2019 
letter to satisfy Federal requirements. Updates consistent with the 
2006 amendments to SMCRA under the Tax Relief and Health Care Act of 
2006 (Pub. L. 109-432) and the associated changes to the implementing 
Federal regulations on November 14, 2008 (73 FR 67576) and February 5, 
2015 (80 FR 6435) have also been included. All changes to the Plan 
(Administrative Record No. WY-053-02) are discussed below.
    Wyoming's revised Plan (Administrative Record No. WY-053-02) 
includes subsections entitled Background on Title IV of the Surface 
Mining Control and Reclamation Act of 1977, Background on the Wyoming 
Abandoned Mine Land Reclamation Plan, and Purpose of the 2020 Rewrite. 
Although these sections are not required under the Federal program, it 
provides background and context for Wyoming's certified AML Plan and 
does not conflict with the AML Reclamation Plan requirements found 
under 30 CFR 884.13.
    Wyoming's revised Plan (Administrative Record No. WY-053-02) cites 
Wyo. Stat. section 35-11-1201, passed by the Wyoming Legislature on 
March 18, 1980, creating the Wyoming AML Program. This legislation 
vested authority over the AML Program with the Director of the 
Department of Environmental Quality (DEQ). Until April 1992, 
implementation of the AML Program was handled by the Land Quality 
Division within DEQ. On March 16, 1992, the Wyoming legislature created 
the AML Division at DEQ, which gave this Division responsibility over 
the AML Program. The program amendment to incorporate the 1992 
statutory changes that created a separate AML Division was approved by 
the OSMRE Director and published in the Federal Register on April 13, 
1992 (57 FR 12731). Under this designation, the AML Division was also 
authorized to receive and administer grants under 30 CFR part 886. 
Because Wyoming's AML Program is now certified, it no longer receives 
grant funding from OSMRE under 30 CFR part 886, but rather it receives 
certified state grant funding under 30 CFR part 885.
    Wyoming provided an updated January 3, 2020 legal opinion letter 
from the State Attorney General, which confirms that the Wyoming DEQ 
continues to have the legal authority to oversee and implement 
Wyoming's AML Program. This is consistent with 30 CFR 884.14(a)(2). 
Previous versions of this letter have been removed from Wyoming's Plan 
(WY-053-02) because they are superseded by the new letter. The legal 
opinion required by 30 CFR 884.13(a)(2) is attached as Appendix B in 
the Plan (Administrative Record No. WY-053-02).
    According to 30 CFR 884.13(a)(3), a State Reclamation Plan must 
include a description of the policies and procedures to be followed by 
the designated agency conducting the reclamation program, including the 
purposes of the State reclamation program. Wyoming's Plan 
(Administrative Record No. WY-053-02) includes a Policies and 
Procedures section that provides a description and legal citation for 
its AML Program which are consistent with 30 CFR 884.13(a)(3) 
introductory text and (a)(3)(i).
    Wyoming's revised Plan (Administrative Record No. WY-053-02) 
includes a section titled Ranking and Selection, which provides 
eligibility requirements and prioritization criteria for both coal and 
noncoal hazards, as well as Public Facilities projects deemed necessary 
for public health and safety by the Governor. In addition, this section 
includes a discussion of Wyoming's prioritization matrix, which is used 
by Wyoming to rank AML projects and reaffirms that any noncoal 
reclamation activities will reflect the priorities under 30 CFR 875.15. 
The prioritization matrix is included in Appendix F. The Ranking and 
Selection section also indicates the first priority for reclamation 
will be for high priority coal sites but reserves the Wyoming AML 
Program's ability to reclaim noncoal land, water, and facilities as 
allowed by Title IV, Section 411(b) through (g) (30 U.S.C. 1240a(b)-
(g)), with approval by OSMRE and after the issuance of an Authorization 
to Proceed (ATP), which is required for all projects. This section is 
consistent with the State Reclamation Plan requirements of 30 CFR 
884.13(a)(3)(ii).
    Wyoming's revised Plan (Administrative Record No. WY-053-02) also 
incorporates via reference the provisions from 30 CFR 875.19 (80 FR 
6435-6448), which extend limited liability protection to noncoal 
reclamation projects as long as those projects are completed in 
accordance with 30 CFR part 875 and do not result in damages as the 
result of intentional misconduct or gross negligence. Furthermore, it 
explains that

[[Page 59021]]

Reclamation projects will not be undertaken without first receiving an 
ATP from OSMRE. This is in accordance with section 405(l) of SMCRA (30 
U.S.C. 1235(l)) and consistent with 30 CFR 874.15 and 875.19.
    Wyoming's revised Plan (Administrative Record No. WY-053-02) 
includes a section titled AML Emergency Response, which acknowledges 
that emergency conditions may arise at times which require quick 
responses. This section outlines the processes by which such emergency 
conditions are addressed, because the Wyoming AML Program does not have 
an approved emergency response program under section 410 of SMCRA (30 
U.S.C. 1240).
    Under the section titled, Coordination with Other Programs, the 
revised Plan (Administrative Record No. WY-053-02) lists the other 
agencies and offices with which the Wyoming AML Program will coordinate 
on a case-by-case basis during reclamation activities. These groups 
include city and county governments, state agencies, OSMRE, other 
Federal agencies, Tribes, and National Association of Abandoned Mine 
Land Programs (NAAMLP) members. This section in the proposed Plan is 
consistent with the requirements of 30 CFR 884.13(a)(3)(iii).
    According to the section titled Land Acquisition, Management and 
Disposal, the revised Wyoming Plan (Administrative Record No. WY-053-
02) incorporates all applicable Federal statutory sections by 
reference, which ensures these activities will occur in accordance with 
established Federal AML requirements. Thus, this section in Wyoming's 
Plan is consistent with the requirements of 30 CFR 884.13(a)(3)(iv).
    Wyoming's revised Plan (Administrative Record No. WY-053-02) 
includes a section titled Reclamation on Private Land and Rights of 
Entry, which indicates Wyoming will follow guidelines in Section 407 of 
SMCRA (Acquisition and Reclamation of Land Adversely Affected by Past 
Coal Mining Practices) (30 U.S.C. 1237) and Title 35, Chapter 11, 
Section 1204 of the Wyoming Environmental Quality Act when undertaking 
reclamation work on private land. Wyoming also states that consent for 
entry will be obtained before Wyoming AML staff or its contractors 
enter private land, but, if consent is denied, procedures outlined in 
30 CFR 877 (Rights of Entry) and Title 35, Chapter 11, Section 1204 (d-
e) of the Wyoming Environmental Quality Act will be followed. Thus, 
this section of Wyoming's revised Plan is consistent with the Plan 
content requirements of 30 CFR 884.13(a)(3)(v) and (vi).
    Wyoming's revised Plan (Administrative Record No. WY-053-02) 
includes a section titled Public Participation, which details the State 
and Federal laws the Wyoming AML Program must comply with pertaining to 
public participation, scoping, and comments on proposed actions. 
Because this section of the Plan provides the procedures and processes 
the Wyoming AML Program will follow to ensure public involvement in its 
reclamation program, this section is consistent with the Plan content 
requirements of 30 CFR 884.13(a)(3)(vii).
    As previously discussed, Wyoming's revised Plan (Administrative 
Record No. WY-053-02) includes all required sections meeting the 
requirements of 30 CFR 884.13(a)(3)(i) through (vii), to include: The 
purposes of the State reclamation program; specific criteria for 
ranking and identifying projects to be funded; the coordination of 
reclamation work among the State reclamation program and all applicable 
State and Federal agencies; policies and procedures regarding land 
acquisition, management, and disposal; reclamation on private land; 
rights of entry; and public participation in the State reclamation 
program. As such, Wyoming's revised Plan (Administrative Record No. WY-
053-02) is consistent with the AML Reclamation Plan content 
requirements found at 30 CFR 884.13(a)(3).
    Federal regulations at 30 CFR 884.13(a)(4)(i) require a description 
of the designated agency's organization and relationship to other State 
entities that will participate in or augment the State's reclamation 
capacity. Wyoming's revised Plan (Administrative Record No. WY-053-02) 
includes a section titled Policies and Procedures, under which a 
subsection, titled Department Structure, discusses these descriptions 
and relationships and also provides an organizational chart that 
depicts the Wyoming DEQ's AML Organization.
    Federal regulations at 30 CFR 884.13(a)(4)(ii) require a 
description of the personnel staffing policies which will govern the 
assignment of personnel to the State reclamation program. Wyoming's 
revised Plan (Administrative Record No. WY-053-02) includes a section 
titled Staffing and Personnel Policies, which explains that the Wyoming 
AML program will comply with all Federal statutes and requirements 
relating to nondiscrimination. In addition, it outlines the hiring 
practices, position qualifications, rules of behavior for employees, 
and staffing levels that are controlled by budget acts approved by the 
Wyoming Legislature. This change does not alter Wyoming's staffing and 
personnel policies because it still provides the information required 
under 30 CFR 884.13(a)(4)(ii), but in a more condensed format.
    Federal regulations at 30 CFR 884.13(a)(4)(iii) require a 
description of State purchasing and procurement systems to meet the 
requirements of Office of Management and Budget Circular A-102, 
Attachment 0. Federal grantmaking agencies were previously required to 
issue a grants management common rule to adopt governmentwide terms and 
conditions for grants to States and local governments. As a result, the 
attachments to Circular A-102, including Attachment 0 referenced in 30 
CFR 884.13(a)(4)(iii), have been replaced by the grants management 
common rule at 2 CFR part 200. Although the Federal SMCRA regulations 
have not yet been updated to reflect this change, it is reflected in 
the revised Wyoming Plan (Administrative Record No. WY-053-02) under 
the section titled Purchasing and Procurement, where Wyoming indicates 
its purchasing and procurement policies are consistent with 2 CFR part 
200. This section of the Plan provides descriptions of Wyoming's 
purchasing and procurement rules, the bid process, and the use of 
OSMRE's Federal Applicant Violator System (AVS) to determine the 
eligibility of construction contractors and professional services 
firms. As such, all of the descriptions in the Purchasing and 
Procurement section of the revised Plan are consistent with the 
requirements of 30 CFR 884.13(a)(4)(iii).
    Federal regulations at 30 CFR 884.13(a)(4)(iv) require a 
description of the accounting system to be used by the agency including 
specific procedures for operation of the Abandoned Mine Reclamation 
Fund. Wyoming's revised Plan (Administrative Record No. WY-053-02) 
includes a section titled Accounting System, which discusses the 
Wyoming Online Financial System (WOLFS) and how it conforms to 2 CFR 
part 200. In addition, this section indicates that the DEQ, and more 
specifically the AML Division, will safeguard all funds, property, and 
assets in the reclamation program, submit programmatic and financial 
reports to OSMRE as required, and explains how audits are conducted and 
any recommendations implemented.
    As previously discussed, Wyoming's revised Plan (Administrative 
Record No. WY-053-02) includes all required sections meeting the 
requirements of 30 CFR 884.13(a)(4)(i) through (iv) that

[[Page 59022]]

summarize overall AML Policies and Procedures, including Department 
Structure, Staffing and Personnel Policies, Purchasing and Procurement, 
and the Accounting System. As such, Wyoming's revised Plan 
(Administrative Record No. WY-053-02) is consistent with the AML 
Reclamation Plan content requirements found at 30 CFR 884.13(a)(4).
    Wyoming's revised Plan (Administrative Record No. WY-053-02) 
includes sections titled Description of Reclamation Activities [in 
accordance with 30 CFR 884.13(a)(5)(i)], Wyoming AML Problems [in 
accordance with 30 CFR 884.13(a)(5)(ii)], and Plan to Address Problems 
[in accordance with 30 CFR 884.13(a)(5)(iii)], all of which provide 
general descriptions derived from available data of the reclamation 
activities to be conducted under the Wyoming Plan including: A map 
showing the general location of known or suspected eligible lands and 
waters; a description of the problems occurring on those lands and 
waters; and how the Plan proposes to address each of the problems, 
including descriptions of the hazard abatement strategies. Because 
Wyoming is certified, the State has already completed all known high 
priority coal hazards. Therefore, the revised maps and information 
reflect the State's certified status, identifying historic mining areas 
where AML hazards may occur, as well as general AML hazard types and 
abatement strategies without identifying specific project areas. 
Individual project approval and funding are appropriately handled 
through the ATP process under 30 CFR 885.16(e). Thus, sections of 
Wyoming's revised Plan titled Description of Reclamation Activities, 
Wyoming AML Problems, and Plan to Address Problems are consistent with 
the AML Plan content requirements of 30 CFR 884.13(a)(5).
    Wyoming's revised Plan (Administrative Record No. WY-053-02) 
includes sections titled: Geographic Areas of Wyoming; Wyoming Economic 
Base (to include subsections of: Economy, Energy, Agriculture, Economic 
Diversification, Population, Labor Force, and Unemployment Rate); 
Significant Esthetic, Historic or Cultural, and Recreational Values; as 
well as Endangered and Threatened Plant, Fish, and Wildlife, and 
Habitat. These sections all provide a general description, derived from 
available data, of the conditions prevailing in the different 
geographic areas of the State where reclamation is planned. The 
available data is derived from the Bureau of Labor and Department of 
Energy, as well as other State and Federal agencies, such as the 
Wyoming Game and Fish Department and the U.S. Fish and Wildlife 
Service. In addition, a map is included which indicates the locations 
of Wyoming coal fields. Thus, Wyoming's revised Plan provides 
descriptions of the prevailing conditions in the State where 
reclamation may occur consistent with the requirements of 30 CFR 
884.13(a)(6).
    Wyoming's revised Plan (Administrative Record No. WY-053-02) 
includes a section titled Additional Requirement for Certified States 
and Indian Tribes, which provides a commitment to address all eligible 
coal problems found or occurring after certification as required under 
30 CFR 875.13(a)(3) and 875.14(b). In addition, this section expands 
upon the prioritization matrix used by Wyoming to rank AML projects, 
which is found in Appendix F. Wyoming indicates it will prioritize coal 
hazards over noncoal hazards unless a noncoal hazard site ranks as a 
high human health or safety hazard, in which case such a project will 
be prioritized in tandem with coal projects. This will allow for 
reclamation of both coal and noncoal projects to be conducted on 
parallel schedules without impacting Wyoming's response cycles on coal 
problems. By committing to give priority to addressing eligible coal 
problems found or occurring after certification as required in 30 CFR 
875.13(a)(3) and 875.14(b), Wyoming's revised Plan is consistent with 
the AML Plan content requirements of 30 CFR 884.13(b).
    Finally, Wyoming's revised Plan (Administrative Record No. WY-053-
02) includes six Appendices. Appendix A, titled Public Records 
Regulation, incorporates new language into the Wyoming Plan regarding 
public records, which reflects a change to the Wyoming AML regulations 
approved by state statute in 2018. Appendix B, titled Legal Opinion, 
provides an updated letter from the Office of the Attorney General that 
confirms that the Wyoming DEQ continues to have the legal authority to 
oversee and implement Wyoming's AML Program. Appendix C, titled Policy 
and Purpose of the Environmental Quality Act, provides the Wyoming 
statutes and general provisions regarding public health and safety 
under which the Wyoming AML Division operates. Appendix D, titled 
Historic Documents, provides a bulletized list of the history of the 
Wyoming AML Program, including the original approval of the program, 
the State's certification, subsequent amendments, and other State 
legislation related to the AML Program. Appendix E, titled Census Data, 
provides population characteristics, businesses, and geographical 
information for Wyoming. Appendix F, titled Priority Ranking Matrix, 
provides an example of the ranking criteria and weight factors which 
are used to calculate a weighted sum, which is then used to rank AML 
projects by priority.
    Thus, we find that Wyoming's revised Plan (Administrative Record 
No. WY-053-02), as amended, meets all content requirements stipulated 
under 30 CFR 884.13 while also updating the Plan to be consistent with 
changes made to the Federal program in 2006, 2008, and 2015. 
Furthermore, Wyoming's revised Plan meets the requirements of OSMRE's 
March 6, 2019 letter, and any removals of outdated content support 
Wyoming's goal of streamlining its Plan to make it more reader 
friendly. We, therefore, approve these changes and the Plan.

IV. Summary and Disposition of Comments

Public Comments

    We asked for public comments on Wyoming's amendment. One comment 
(Administrative Record No. WY-053-08) was received, which expressed a 
concern that the public would not be allowed to provide comments on the 
Federal Register in the future, which would therefore not allow the 
American people to have a general say in the future of the coal 
industry and regulations being put in place, thereby causing issues 
related to climate change. This comment appeared to be directed toward 
the DEQ's Regulatory Program for active operating mines, rather than 
the Wyoming AML Program, and the comment did not address the Wyoming 
Plan amendment. Furthermore, public comment on Federal Register notices 
involving amendments to State programs is routinely sought and allowed.

Federal Agency Comments

    On August 25, 2020, under 30 CFR 732.17(h)(11)(i) and section 
503(b) of SMCRA, we requested comments on Wyoming's amendment from 
various Federal agencies with an actual or potential interest in the 
Wyoming AML Program, including its Plan (Administrative Record No. WY-
053-04). We received one comment. In a letter dated September 17, 2020 
(Administrative Record No. WY-053-07), the Wyoming Game and Fish 
Department (WGFD) stated the list of threatened and endangered species 
on pages 17-18 of the revised Plan did not include the Kendall Warm 
Springs Dace and several other threatened and

[[Page 59023]]

endangered species in Wyoming. The WGFD recommended contacting the U.S. 
Fish and Wildlife Service to obtain an updated list of all threatened 
and endangered species in the State, which Wyoming DEQ did, and this 
updated list of species is now reflected in the revised Plan.

Environmental Protection Agency (EPA) Concurrence and Comments

    OSMRE solicited the EPA's comments on the proposed amendment 
(Administrative Record No. WY-053-04). The EPA did not respond to our 
request.

State Historical Preservation Officer (SHPO) and the Advisory Council 
on Historic Preservation (ACHP)

    OSMRE solicited comments on the proposed amendment from the SHPO 
(Administrative Record No. WY-053-04) and the ACHP (Administrative 
Record No. WY-053-04). The SHPO did not respond to our request. By 
email dated January 4, 2021 (Administrative Record No. WY-053-09), the 
ACHP indicated its belief that the revised Wyoming Plan did not have 
any involvement with OSMRE's National Historic Preservation Act Section 
106 review process in Wyoming, and therefore ACHP did not have any 
comments on the Plan. OSMRE agrees with ACHP's assessment that the 
revised Wyoming Plan does not alter OSMRE's Section 106 review process 
in Wyoming.

V. OSMRE's Decision

    Based on the above findings, we are approving Wyoming's Plan 
amendment that was submitted on July 21, 2020. To implement this 
decision, we are amending the Federal regulations at 30 CFR part 950 
that codify decisions concerning the Wyoming Plan. In accordance with 
the Administrative Procedure Act, this rule will take effect 30 days 
after the date of publication. Section 405(a) of SMCRA requires that 
each State with an AML program must have an approved State regulatory 
program pursuant to section 503 of the Act. Section 503(a) of the Act 
requires that the State's program demonstrate that the State has the 
capability of carrying out the provisions of the Act and meeting its 
purposes. SMCRA requires consistency of State and Federal standards.

VI. Procedural Determinations

Executive Order 12630--Governmental Actions and Interference With 
Constitutionally Protected Property Rights

    This rule will not affect a taking of private property or otherwise 
have taking implications that would result in public property being 
taken for government use without just compensation under the law. 
Therefore, a takings implication assessment is not required. This 
determination is based on an analysis of the corresponding Federal 
regulations.

Executive Orders 12866--Regulatory Planning and Review and 13563--
Improving Regulation and Regulatory Review

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs in the Office of Management and Budget (OMB) will 
review all significant rules. Pursuant to OMB guidance, dated October 
12, 1993, the approval of State program amendments is exempted from OMB 
review under Executive Order 12866. Executive Order 13563, which 
reaffirms and supplements Executive Order 12866, retains this 
exemption.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has reviewed this rule as required 
by Section 3(a) of Executive Order 12988. The Department has determined 
that this Federal Register notice meets the criteria of Section 3 of 
Executive Order 12988, which is intended to ensure that the agency 
review its legislation and regulations to minimize litigation; and that 
the agency's legislation and regulations provide a clear legal standard 
for affected conduct, rather than a general standard, and promote 
simplification and burden reduction. Because Section 3 focuses on the 
quality of Federal legislation and regulations, the Department limited 
its review under this Executive Order to the quality of this Federal 
Register document and to changes to the Federal regulations. The review 
under this Executive Order did not extend to the language of the 
Wyoming Plan or to the Plan amendment that the State of Wyoming 
submitted.

Executive Order 13132--Federalism

    This rule is not a ``policy that [has] Federalism implications'' as 
defined by Section 1(a) of Executive Order 13132 because it does 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.'' 
Instead, this rule approves an amendment to the Wyoming Plan submitted 
and drafted by that State. OSMRE reviewed the submission with 
fundamental federalism principles in mind as set forth in Section 2 and 
3 of the Executive Order and with the principles of cooperative 
federalism as set forth in SMCRA. See, e.g., 30 U.S.C. 1201(f). As 
such, pursuant to section 503(a)(1) and (7) (30 U.S.C. 1253(a)(1) and 
(7)), OSMRE reviewed Wyoming's amendment to ensure that it is ``in 
accordance with'' the requirements of SMCRA and ``consistent with'' the 
regulations issued by the Secretary pursuant to SMCRA.

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

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Tribes through a commitment 
to consultation with Tribes and recognition of their right to self-
governance and tribal sovereignty. We have evaluated this rule under 
the Department's consultation policy and under the criteria in 
Executive Order 13175 and have determined that it has no substantial 
direct effects on federally recognized Tribes or on the distribution of 
power and responsibilities between the Federal government and Tribes. 
Therefore, consultation under the Department's tribal consultation 
policy is not required. The basis for this determination is that our 
decision is on the Wyoming program that does not include Tribal lands 
or regulation of activities on Tribal lands. Tribal lands are regulated 
independently under the applicable, approved Federal program.

Executive Order 13211--Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    Executive Order 13211 requires agencies to prepare a Statement of 
Energy Effects for a rulemaking that is (1) considered significant 
under Executive Order 12866, and (2) likely to have a 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 
significant energy action under the definition in Executive Order 
13211, a Statement of Energy Effects is not required.

[[Page 59024]]

National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. We are not required to 
provide a detailed statement under the National Environmental Policy 
Act of 1969 (NEPA) because this rule qualifies for a categorical 
exclusion under the U.S. Department of the Interior Departmental 
Manual, part 516, section 13.5(B)(29).

National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (15 U.S.C. 3701 et seq.) directs OSMRE to use voluntary consensus 
standards in its regulatory activities unless to do so would be 
inconsistent with applicable law or otherwise impractical. OMB Circular 
A-119 at p. 14. This action is not subject to the requirements of 
section 12(d) of the NTTAA because application of those requirements 
would be inconsistent with SMCRA.

Paperwork Reduction Act

    This rule does not include requests and requirements of an 
individual, partnership, or corporation to obtain information and 
report it to a Federal agency. As this rule does not contain 
information collection requirements, a submission to the Office of 
Management and Budget under the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.) is not required.

Regulatory Flexibility Act

    This rule will not have a significant economic impact 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 corresponding 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 a significant economic impact, the 
Department relied upon the data and assumptions for the corresponding 
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, Federal, State, or local government agencies, or geographic 
regions; 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 on an analysis of the 
corresponding Federal regulations, which were determined not to 
constitute a major rule.

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. This determination 
is based on an analysis of the corresponding Federal regulations, which 
were determined not to impose an unfunded mandate. 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 950

    Intergovernmental relations, Surface mining, Underground mining.

David Berry,
Regional Director, Interior Unified Regions 5, 7-11.

    For the reasons set out in the preamble, 30 CFR part 950 is amended 
as set forth below:

PART 950--WYOMING

0
1. The authority citation for part 950 continues to read as follows:

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


0
2. Section 950.35 is amended in the table by adding an entry in 
chronological order by ``Date of final publication'' to read as 
follows:


Sec.  950.35   Approval of Wyoming abandoned mine land reclamation plan 
amendments.

* * * * *

----------------------------------------------------------------------------------------------------------------
Original amendment submission date      Date of final publication                 Citation/description
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
July 21, 2020.....................  October 26, 2021.................  Repeal and replace Certified AML Plan.
                                                                        Response to 884 letter and State
                                                                        initiative streamlining of Plan to be
                                                                        consistent with changes to federal
                                                                        program and extends limited liability
                                                                        protection for certain coal and noncoal
                                                                        reclamation projects.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2021-23292 Filed 10-25-21; 8:45 am]
BILLING CODE 4310-05-P