Ohio Abandoned Mine Land Reclamation Plan, 79436-79441 [2024-22327]

Agencies

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

[Federal Register Volume 89, Number 189 (Monday, September 30, 2024)]
[Rules and Regulations]
[Pages 79436-79441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22327]


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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 234S180110; S2D2S SS08011000 SX064A000 23XS501520]


Ohio Abandoned Mine Land Reclamation Plan

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

ACTION: Final rule; approval of amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE), are approving an amendment to the Ohio Abandoned Mine Land 
(AML) Reclamation Plan (Ohio Plan or Plan) under the Surface Mining 
Control and Reclamation Act of 1977 (SMCRA or the Act). Ohio proposed 
to amend its existing plan to reflect statutory, regulatory, policy, 
procedural, and organizational changes made since it was originally 
approved in 1982. Ohio also submitted relevant statutory provisions 
amended by the State legislature in 2016, as well as draft statutory 
revisions regarding what land and water resources are eligible for 
Federal grant funds and other proposed amendments for consistency with 
SMCRA, for OSMRE's review and consideration.

DATES: Effective October 30, 2024.

FOR FURTHER INFORMATION CONTACT: Thomas Koptchak, Field Office 
Director, Pittsburgh Field Office, Office of Surface Mining Reclamation 
and Enforcement, Telephone: (814) 421-1438, email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background on the Ohio Plan
II. Submission of the Amendment
III. OSMRE's Findings
IV. Summary and Disposition of Comments
V. OSMRE's Decision
VI. Statutory and Executive Order Reviews

I. Background on the Ohio 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, in part, by a reclamation fee collected on each ton of coal 
that is produced. The money collected is used to finance the 
reclamation of abandoned coal mines

[[Page 79437]]

and for other authorized activities. Section 405 of the Act allows 
States and Tribes to assume exclusive responsibility for reclamation 
activity within the State or on Tribal 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. 
Section 405 also requires that each State with an abandoned mine 
reclamation program must have an approved State regulatory program 
pursuant to section 503 of the Act.
    On August 10, 1982, the Secretary of the Interior approved the Ohio 
Plan. You can find background information on the Ohio Plan, including 
the Secretary's findings, the disposition of comments, and conditions 
of approval of the Ohio Plan in the August 10, 1982, Federal Register 
(47 FR 34719). You can also find later actions concerning the Ohio Plan 
and Plan amendments at 30 CFR 935.25.

II. Submission of the Amendment

    By letter dated March 17, 2017 (Administrative Record No. OH-2195-
01), and in accordance with 30 CFR 884.15(a), Ohio sent us an amendment 
to its Plan on its own initiative. By letter dated September 15, 2017 
(Administrative Record No. OH-2195-04), Ohio provided a revised 
amendment to describe the proposed revisions more clearly. By letter 
dated September 18, 2018 (Administrative Record No. Oh-2195-06), Ohio 
submitted an updated amendment with a revision to section XI of its 
Plan.
    We announced receipt of the proposed amendment in the May 10, 2019, 
Federal Register (84 FR 20599). 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 no one requested one. The public comment 
period ended on June 10, 2019. We received a single comment that was 
not germane to the Plan amendment, and, therefore, we have not provided 
a response.

III. OSMRE's Findings

    The 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 as described below. Any revisions that we 
do not specifically discuss below concerning minor wording or editorial 
changes can be found in the full text of the Plan amendment available 
at www.regulations.gov. OSMRE also notes that we are separately 
reviewing State reclamation plans to identify any components that may 
need to be addressed in light of the Infrastructure Investment and Jobs 
Act, more commonly referred to as the Bipartisan Infrastructure Law 
(BIL) (Pub. L. 117-58). That review is ongoing and not reflected in our 
decision on Ohio's amendment here.

Amended Statutory Language \1\
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    \1\ Generally, States do not request that OSMRE accept changes 
to AML statutes or regulations as amendments to an AML Plan, which 
is a narrative document that usually is not in the form of a statute 
or regulation. However, there is no provision in SMCRA or the 
Federal regulations governing submission and approval of AML Plans 
and amendments thereto that prohibits a State from including 
statutes or regulations in conjunction with its AML Plan. Therefore, 
when we approve a change or proposed change to a statutory provision 
in this rulemaking, we mean that we are approving that provision as 
an amendment to the AML Plan. For clarity and ease of reference, we 
recommend that Ohio submit changes to its AML Plan narrative 
document that are consistent with these statutory amendments.
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    On December 19, 2016, Ohio's Legislature amended the statutory 
language at sections 1515.27, 1513.28, 1513.30, 1513.31, 1513.32, and 
1513.37 of the Ohio Revised Code (ORC) regarding the process of 
determining site eligibility for reclamation activities. See 2016 Sub. 
H.B. No. 471. The updated language eliminated references to the 
sunsetted Council on Unreclaimed Strip Mined Lands and designated the 
chief of the Division of Mineral Resource Management (DMRM) as the 
entity responsible for the prioritization and approval process of 
proposed projects eligible for the unreclaimed lands funds. This 
updated language reflects administrative changes made over time to the 
agency authorized to administer the State's program for regulating 
surface coal mining and reclamation. The updated statutory language is 
in accordance with SMCRA and the Federal requirements of 30 CFR 
subchapter R, which does not proscribe a particular State 
administrative structure responsible for prioritizing and approving 
proposed projects. Therefore, we are approving the updated statutory 
language of the ORC as an amendment to the Ohio Plan.

Draft Statutory Amendments

    Ohio's amendment also includes additional draft statutory changes 
to ORC 1513.37 to clarify and elaborate upon the priority by which land 
and water resources are eligible to receive Federal grants for 
reclamation of abandoned mine lands in accordance with the 2006 SMCRA 
amendments. Ohio's draft statutory language at ORC 1513.37(B) revises 
several aspects of the priority criteria. The number of priority 
categories is reduced from six to three. The highest priority 
categories (Priority 1 and 2) are expanded to include the land and 
water resources adjacent to a prioritized site and the term ``general 
welfare'' has been struck from those priorities. Additionally, Ohio 
drafted revisions to the specifications of the priority categories to 
allow lower priority projects (Priority 3) to be initiated before the 
completion of higher priority projects (Priority 1 or 2), provided that 
the expenditure is done at eligible AML sites adjacent to higher 
priority projects (Priority 1 or 2).
    The SMCRA amendments were signed into law on December 20, 2006, as 
part of the Tax Relief and Health Care Act of 2006. See Public Law 109-
432. The 2006 amendments substantially modified the AML reclamation 
program in Title IV of SMCRA, including, but not limited to, removing 
previous priorities 4 and 5 and striking the term ``general welfare'' 
as components of priorities 1 and 2. See U.S.C. 1233(a). In addition, 
the 2006 amendments also permitted the initiation of Priority 3 
reclamation projects before completing all Priority 1 and 2 projects if 
the Priority 3 reclamation is performed in conjunction with a Priority 
1 or 2 project. See 30 U.S.C. 1232(g)(7). We note that our guidelines 
generally direct that reclamation of lower priority projects should not 
begin until the higher priority projects are at least in the process of 
being reclaimed. However, consistent with the 2006 amendments and 
associated changes to the implementing regulations, we also recognize 
that it can be economically and logistically advantageous to address 
lower priority problems as part of abating higher priority problems. 
Allowing a State to reclaim Priority 3 problems (e.g., spoil ridges) as 
part of abating Priority 1 or 2 hazards (e.g., highwalls) leverages its 
limited funding to get the best reclamation at a lower cost. This 
approach also generally reclaims more AML problems overall, and in some 
cases can more effectively abate and reclaim hazards, while reducing 
the cost of reclaiming the higher and lower priority problems.
    Ohio offers draft statutory changes at ORC 1513.37(C)(3) regarding 
the eligibility of lands and waters affected by past coal mining. The 
Federal requirements at 30 CFR 874.14 were revised in 2008 (73 FR 
67576), consistent with the 2006 SMCRA amendments, to remove the 30 
percent limitation on grant funds that States and Indian Tribes could 
expend on water supply affected by coal mining. Ohio's

[[Page 79438]]

draft language at ORC 1513.37(C)(3) thus identifies the protection, 
repair, replacement, construction, or enhancement of facilities sourced 
by waters adversely affected by coal mining practices as projects 
eligible for funding.
    Ohio offers draft statutory changes at ORC 1513.37(C)(5) regarding 
the inventory of eligible lands and waters maintained by the Secretary 
of the Interior. The draft language allows for the chief to offer 
amendments to update the inventory as it applies to eligible lands 
under the jurisdiction of Ohio. This would allow Ohio to reclassify 
certain current Priority 3 lands and waters as Priority 1 or Priority 2 
expenditures, in line with the ORC 1513.37 draft statutory language 
discussed above, which reflects the 2006 SMCRA amendments.
    Ohio also offers draft revisions at ORC 1513.37(E)(3) to remove the 
50% match requirement for watershed groups requesting grant funding 
from the Acid Mine Drainage (AMD) Abatement and Treatment Fund for 
remediation projects. Ohio considers these watershed groups essential 
to AMD treatment and abatement projects, in part because they are often 
able to complete remediation projects at a fraction of the cost 
compared to DMRM staff or environmental consultants. The groups are 
typically citizen-based charitable organizations that do not have the 
funding for the 50% match currently required to receive grant money. 
Ohio recognizes the importance of these groups and the essential work 
that they do, primarily in distressed counties in Ohio. By eliminating 
the matching requirement, Ohio is removing a burden on the watershed 
groups that might prevent them from participating in the program. There 
is no Federal law or condition of the Federal award that requires a 
matching grant funds from subaward recipients.
    These statutory revisions were not enacted through the legislative 
bills Ohio identified in its submissions (2016 Sub. H.B. No. 471 and 
2017 Am. Sub. H.B. No. 49) and are not currently part of the Ohio 
Revised Code. To the extent Ohio proceeds to enact these revisions, we 
find the draft statutory language meets the requirements of SMCRA and 
30 CFR subchapter R. These revisions are largely reflected in Ohio's 
revised AML Plan, which we are approving. However, should Ohio actually 
enact statutory changes that require further revision to its Plan, the 
Plan revisions must be submitted for our review in accordance with 30 
CFR part 884.

Revisions to Ohio's AML Plan

    Ohio is updating and replacing its AML Plan with a version that is 
structured similarly to the Federal AML plan content requirements for 
States found at 30 CFR 884.13. Ohio has made multiple editorial changes 
for brevity, structural alignment with the Federal requirements, 
consistency with the 2006 changes 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 the ORC. In order to simplify the Plan, the new version 
omits documentation that is either incorporated by reference, is no 
longer applicable to Ohio's AML Program, was replaced by updated 
information, or was never required to be included in the Plan. We also 
understand that additional revision and/or supplemental material 
concerning the Governor's letter, the Legal Opinion, and other 
components of the plan referenced below may be submitted in the near 
future to encompass components of the BIL and section 801 of the 
Consolidated Appropriations Act, 2023 (commonly referred to as the 
Safeguarding Treatment for the Restoration of Ecosystems from Abandoned 
Mines (STREAM) Act) (Pub. L. 117-328). We are not addressing those 
various potential revisions in this review but are aware that they may 
generate additional plan amendments in the near future.
1. Letter of Designation From the Governor
    Ohio's revised plan references the Governor's letters, dated 
November 21, 1979, and amended February 3, 1981, designating the 
Department of Natural Resources, Division of Reclamation as the agency 
authorized to administer the State's program for regulating surface 
coal mining and reclamation, and for receiving and administering 
reclamation grants under 30 CFR part 886. These letters were submitted 
and approved as part of the original State reclamation plan and are 
consistent with the Federal requirements of 30 CFR 884.13(a)(1). 
Therefore, we are approving their inclusion. However, the Division of 
Mines and Reclamation was combined with the Division of Oil and Gas 
(H.B. 601, effective June 14, 2000) to create the DMRM in the 
Department of Natural Resources. As a result of these changes, the 1979 
and 1981 Governor's letters should be replaced with an updated version 
to designate DMRM as the agency responsible for the AML program, or a 
supplemental submission added to the Plan providing that additional 
context.
2. Legal Opinion
    Ohio's revised plan references the legal opinion from the State 
Attorney General, dated October 4, 1979, verifying that the Division of 
Reclamation had sufficient legal authority under Ohio State law to 
conduct the State reclamation program in accordance with the 
requirements of Title IV of SMCRA. This legal opinion was submitted and 
approved as part of the original State reclamation plan and is 
consistent with the Federal requirements of 30 CFR 884.13(a)(2). 
Therefore, we are approving its inclusion. However, the Division of 
Mines and Reclamation was combined with the Division of Oil and Gas 
(H.B. 601, effective June 14, 2000) to create the DMRM in the 
Department of Natural Resources. As a result of this change, the legal 
opinion should be replaced with an updated version that reflects the 
designated agency, DMRM, as the agency responsible for the AML program 
and the agency that has the authority under State law to conduct the 
program in accordance with the requirements of Title IV of SMCRA, or 
Ohio should add a supplemental submission to the Plan providing that 
additional context.
3. Policies and Procedures
    Federal regulations at 30 CFR 884.13(a)(3) require a description of 
the policies and procedures to be followed by the designated agency in 
conducting a Title IV reclamation program. Parts IV through XI of 
Ohio's revised plan, as discussed in more detail below, provide 
descriptions of, and legal citations for, these requirements.
    Part IV, Purpose of the Program, provides a general overview of 
Ohio's AML Program. Specifically, Ohio's revised plan identifies 
inadequately reclaimed mine sites as risks to public safety and 
environmental quality and describes the goal of the revised plan as 
being to continue to reclaim land and water resources affected by coal 
mining, in accordance with State and Federal law and rules. This 
section is consistent with the requirements of 30 CFR 884.13(a)(3)(i).
    Part V, Ranking Eligible Lands and Waters, provides the relevant 
eligibility and prioritization criteria to assess potential project 
areas for reclamation. These criteria are based on the updated 
requirements of section 403 and 404 of SMCRA, as well as several 
additional factors Ohio uses to assess and prioritize potential project 
areas for reclamation. Consistent with section 404 of SMCRA,

[[Page 79439]]

coal lands and waters are deemed eligible if they were mined for coal 
or affected by such mining, waste banks, coal processing, or other coal 
mining processes, or abandoned/left in an inadequate state as outlined 
in this section. As a general matter, the ranking of eligible projects 
will be conducted in the following order of priority: emergency 
projects, as approved by us under section 410 of SMCRA; projects 
protecting public health, safety and property from extreme danger of 
adverse effects of coal mining practices (Priority 1); projects 
protecting public health and safety from adverse effects of coal mining 
(Priority 2); and projects restoring land, waters, and the environment 
previously degraded by coal mining, for natural resource conservation 
and restoration (Priority 3). By providing the specific criteria for 
the eligibility and ranking projects to be funded, Ohio's revised Plan 
is consistent with the requirements of 30 CFR 884.13(a)(3)(ii).
    This section of the revised plan also includes guidelines for the 
annual grant application to be submitted to us as specified in section 
405(f) and (h) of SMCRA and 30 CFR part 886; policies that address set-
aside funds in accordance with section 402(g)(6) of SMCRA (30 U.S.C. 
1232(g)(6)) and 30 CFR part 876; policies that address water supply 
projects in accordance with section 402(g)(1) and (5) of SMCRA (30 
U.S.C. 1232(g)(1)-(5)); procedures for reclamation projects receiving 
less than 50% government funding, including adopting by reference 30 
CFR part 707; and policies for handling emergency projects.
    Part VI, Coordination with Other Agencies, and Part VII, 
Coordination with OSMRE, describe Ohio's coordination with various 
Federal and State agencies, watershed groups, local governments, 
universities, and others in order to achieve mutual reclamation goals. 
Additionally, Ohio will consult with the relevant State and Federal 
regulatory agencies as necessary to ensure all required permissions are 
in order prior to project commencement. These sections are consistent 
with the requirements of 30 CFR 884.13(a)(3)(iii).
    Part VIII, Policy for Land Acquisition, Management, and 
Disposition, describes the acquisition, management, and disposal of 
lands and waters adversely affected by past coal mining practices. 
Specifically, if it has been determined by both Ohio and us that 
acquisition of land is required for successful reclamation, the State 
will comply with 30 CFR part 879 regarding the acquisition, management, 
and disposal of the lands and waters. This section is consistent with 
the requirements of 30 CFR 884.13(a)(3)(iv).
    Ohio's revised plan includes sections regarding work on private 
lands. In Part IX, Policy Regarding Reclamation on Private Lands, Ohio 
establishes policy provisions, including the completion of appraisals 
and filing of liens, for the reclamation projects on private land, in 
accordance with 30 CFR part 887. Part X, Policy Regarding Rights of 
Entry, describes Ohio's policies and procedures regarding rights of 
entry to lands or property, which are in accordance with 30 CFR part 
877. These sections are consistent with the requirements of 30 CFR 
884.13(a)(3)(v) and (vi).
    Part XI, Public Participation, indicates that Ohio is opting to use 
our public participation process, as outlined in 30 CFR 884.14(a), for 
State Reclamation Plan amendments and updates rather than the public 
participation process established during the development and approval 
of the original State Reclamation Plan.
    Ohio's revised plan describes that opportunities for public 
participation and involvement in specific AML projects will be provided 
during the development and implementation of the annual grant 
application and performance agreement between us and DMRM. In addition, 
Ohio provides that DMRM maintains ongoing outreach with local 
governments and businesses regarding building on or over abandoned 
mines as well as detailing significant activities related to AML 
projects on their website. This section is consistent with the 
requirements of 30 CFR 884.13(a)(3)(vii).
4. Program Administration and Management
    Part XII, Program Management and Administration, of Ohio's revised 
Plan describes the administrative and management structure of the AML 
Program. Section B of part XII identifies the organization of the 
agency designated to reclaim abandoned mine lands affected by coal 
mining activities (DMRM) and describes DMRM's major functions as 
responding to citizen concerns, environmental document preparation, 
grant writing and management, remediation design, bidding and 
contracting, and construction. Section C of part XII describes 
additional agencies of Ohio's Department of Natural Resources that 
assist in the AML program, as well as the relationship between DMRM and 
other State agencies that play a relevant role in reclamation 
activities. Section D of part XII outlines the personnel staffing 
policies that DMRM will follow in the recruitment and retention for the 
AML Program. Section E describes the purchasing and procurement systems 
to be used by the agency, and section F describes the accounting system 
to be used by the agency. This section is consistent with the 
requirements of 30 CFR 884.13(a)(4).
5. Description of Reclamation Activities on Impacted Lands and Waters
    Part XIII, Description of Reclamation Activities on Impacted Land 
and Waters, includes general descriptions, derived from available data, 
of the reclamation activities to be conducted. Specifically, the plan 
includes: maps depicting the known and suspected abandoned coal mines 
in the State, the known and suspected watersheds impacted by mining, 
and the status of the State's Acid Mine Drainage Abatement and 
Treatment projects; a description of the problems occurring on the 
identified lands and waters in Ohio; and how the Plan proposes to 
address each of the identified problems. Ohio recognizes that 
individual sites will vary in scope and breadth of adverse effects 
caused by mining and provides an extensive list of proven reclamation 
techniques and approaches that may be applied in any given site. This 
section is consistent with the requirements of 30 CFR 884.13(a)(5)
6. Description of Conditions
    Part XIV, Description of Local Conditions, includes a general 
description, derived from available data, of the conditions prevailing 
in the geographic areas of the State where reclamation is planned. The 
Plan, in part XVI.A, describes the economic base of the Ohio counties 
affected by coal mining. Aesthetic, historical, and cultural elements 
of significance are considered in part XVI.B. The wide variety of 
recreational opportunities of the area are enumerated in part XVI.C. 
The ecosystem and ecology of the area, the adverse effects of coal 
mining on these systems, and how the Abandoned Mine Land Program works 
to address these effects is described in part XVI.D. This section is 
consistent with the requirements of 30 CFR 884.13(a)(6).
    Thus, we find Ohio's Plan, as amended, meets all content 
requirements stipulated under 30 CFR 884.13 while also updating the 
Plan consistent with changes made to the Federal program in 2006 and 
2008. Therefore, we are approving Ohio's revised Abandoned Mine Land 
reclamation plan.

[[Page 79440]]

IV. Summary and Disposition of Comments

Public Comments

    In the May 10, 2019, Federal Register document announcing our 
receipt of this amendment, we asked for public comments (Administrative 
Record No. OH-2195-08). The comment period closed on June 10, 2019. No 
requests for public meetings or hearings were received. We received a 
single comment that was not germane to the program amendment and 
therefore we have not provided a response.

Federal Agency Comments

    On March 22, 2017, under 30 CFR 884.14(a)(2) and 884.15(a), we 
requested comments on the amendment from various Federal agencies with 
an actual or potential interest in the Ohio Plan (Administrative Record 
No. OH-2195-02). We did not receive any comments.

Environmental Protection Agency (EPA) Concurrence and Comments

    On March 22, 2019, OSMRE solicited comments on the proposed 
amendment from EPA (Administrative Record No. OH-2195-02). The EPA did 
not respond to our request.

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

    On March 22, 2019, OSMRE solicited comments on the proposed 
amendment from the Ohio SHPO and ACHP (Administrative Record No. OH-
2195-02). We did not receive comments from the SHPO or ACHP.

V. OSMRE's Decision

    Based on the above findings, we are approving Ohio's AML Plan 
amendment that was sent to us on March 17, 2017 (Administrative Record 
No. 2195-01), and subsequent submittals providing clarification on 
September 15, 2017 (Administrative Record No. 2195-04), and an addition 
to the amendment request on September 18, 2018 (Administrative Record 
No. 2195-06).
    To implement this decision, we are amending the Federal regulations 
at 30 CFR part 935 that codify decisions concerning the Ohio program. 
In accordance with the Administrative Procedure Act, this rule will 
take effect 30 days after the date of publication.

VI. Statutory and Executive Order Reviews

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

    This rule would not effect a taking of private property or 
otherwise have taking implications that would result in private 
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 Order 12866--Regulatory Planning and Review, Executive Order 
13563--Improving Regulation and Regulatory Review, and Executive Order 
14094--Modernizing Regulatory Review

    Executive Order 12866, as amended by Executive Order 14094, 
provides that the Office of Information and Regulatory Affairs in the 
Office of Management and Budget (OMB) will review all significant 
rules. Pursuant to OMB guidance, dated October 12, 1993 (OMB Memo M-94-
3), the approval of plan amendments is exempted from OMB review under 
Executive Order 12866, as amended by Executive Order 14094. 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 of Executive Order 12988. The Department determined that 
this Federal Register document meets the criteria of section 3 of 
Executive Order 12988, which is intended to ensure that the agency 
review its legislation and proposed regulations to eliminate drafting 
errors and ambiguity; that the agency write 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 Ohio Plan or to 
the Plan amendment that Ohio drafted.

Executive Order 13132--Federalism

    This rule has potential federalism implications as defined by 
section 1(a) of Executive Order 13132. Executive Order 13132 directs 
agencies to ``grant the States the maximum administrative discretion 
possible'' with respect to Federal statutes and regulations 
administered by the States. Ohio, through its approved reclamation 
program, implements and administers SMCRA and its implementing 
regulations at the State level. This rule approves an amendment to the 
Ohio Plan submitted and drafted by Ohio, and thus, is consistent with 
the direction to provide maximum administrative discretion to States.

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 the distribution of power and responsibilities 
between the Federal Government and Tribes. The basis for this 
determination is that our decision is on the Ohio Plan that does not 
include Indian lands, as defined by SMCRA, or reclamation on Indian 
lands. Indian lands are regulated independently under the applicable 
Federal reclamation program. The Department's consultation policy also 
acknowledges that our rules may have Tribal implications where the 
State proposing the amendment encompasses ancestral lands in areas with 
minable coal. We are currently working to identify and engage 
appropriate Tribal stakeholders to devise a constructive approach for 
consulting on these amendments.

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

[[Page 79441]]

definition in Executive Order 13211, a Statement of Energy Effects is 
not required.

National Environmental Policy Act (NEPA)

    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 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).

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 935

    Intergovernmental relations, Surface mining, Underground mining.

Ben Owens,
Acting Regional Director, North Atlantic-Appalachian Region.

    For the reasons set out in the preamble, 30 CFR part 935 is amended 
as set forth below:

PART 935--OHIO

0
1. The authority citation for part 935 continues to read as follows:

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


0
2. Amend section 935.25 in the table by adding an entry in 
chronological order by ``Date of final publication'' to read as 
follows:


Sec.  935.25  Approval of Ohio abandoned mine land reclamation plan 
amendments.

* * * * *

------------------------------------------------------------------------
 Original amendment submission    Date of final
             date                  publication      Citation/description
------------------------------------------------------------------------
 
                              * * * * * * *
March 17, 2017................  September 30,      Repeal and replace
                                 2024.              Certified AML Plan
                                                    to be consistent
                                                    with changes to
                                                    Federal program and
                                                    update to reflect
                                                    current agency
                                                    conditions/
                                                    practices, structure
                                                    and organization.
                                                   Revision of ORC
                                                    1513.27, 1513.28,
                                                    1513.30, 1513.31,
                                                    1513.32, 1513.37.
------------------------------------------------------------------------


[FR Doc. 2024-22327 Filed 9-27-24; 8:45 am]
BILLING CODE 4310-05-P