FEDERAL REGISTER: 48 FR 41019 (September 13, 1983)

DEPARTMENT OF THE INTERIOR
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM)

30 CFR Part 872
Withdrawal of Unexpended Abandoned Mine Land Reclamation Funds From the State of Georgia

ACTION: Rule related notice.  

SUMMARY: The Office of Surface Mining is withdrawing abandoned mine land reclamation (AMLR) funds
allocated to the State of Georgia under the authority of Section 402(g)(2) of the Surface Mining Control and
Reclamation Act of 1977, Pub. L. 95-87 (SMCRA) and 30 CFR 872.11 of the Secretary's regulations. The State of
Georgia has failed to adopt a regulatory program for active mining pursuant to Section 503 of SMCRA or a
reclamation plan for the restoration of lands previously degraded by past coal mining practices pursuant to Section
405 of SMCRA. Without these programs the State is ineligible to receive the State share allocation of AMLR funds
collected within the State of Georgia. Failure to expend these funds within the time limits allocated by SMCRA and
the Secretary's regulations can result in the transfer of these funds to the Secretary's discretionary share for
expenditure in any eligible area of the country.  

   Notice of OSM's intent to withdraw unexpended abandoned mine land reclamation funds was published on August
4, 1983 (48 FR 35399). An opportunity for public participation in OSM's decision was provided. No comments or
requests for meetings were received.  

EFFECTIVE DATE: This action will be effective October 13, 1983.  

FOR FURTHER INFORMATION CONTACT: Jim Fary, Division of Abandoned Mine Land Reclamation, 1951
Constitution Avenue, NW., Washington, D.C. 20240, Telephone (202) 343-7921.  

SUPPLEMENTARY INFORMATION: The Abandoned Mine Land Fund was established by the Surface Mining
Control and Reclamation Act of 1977 in response to concern over extensive environmental damage caused by past
coal mining activities. The Abandoned Mine Land Fund derives its financing from Title IV of the Act which
establishes a fee on coal production for the purpose of financing specified Federal, State, and Indian reclamation
programs. Programs funded by Congressional appropriations include grants to States and Indian Tribes to plan and
carry out reclamation programs and projects, Federal Reclamation projects carried out by the Secretary of Interior
through OSM, and the Rural Abandoned Mine Program (RAMP) administered by the Secretary of Agriculture and
carried out by the Soil Conservation Service. Lands and water eligible for reclamation are those that were mined or
affected by mining and abandoned or left in an  inadequate reclamation status prior to August 3, 1977, and for which
there is no continuing reclamation responsibility under State and Federal law.  

   Title IV of SMCRA provides that fifty percent of the AMLR funds collected within a State or on Indian lands are
to be allocated to that State or Indian Tribe to accomplish the purpose of this title. "Allocate" means the
administrative identification in the records of OSM of monies in the Fund for a specific purpose, e.g., identification
of monies for exclusive use by a State.  

   States and Tribes are eligible to receive such allocated funds only after they have received approved regulatory
programs pursuant to Section 503 of the Act and approved reclamation plans under Section 405. If allocated funds
have not been expended within three years of their allocation by the States or Indian Tribes, Section 402 of the Act
provides the Secretary authority to withdraw such funds from the State accounts and utilize them in any eligible area
of the country.  

   On June 30, 1982, OSM published revised final regulations concerning the implementation and administration of
the Abandoned Mine Land Program. 47 FR 28574. Under 30 CFR 872.11(b)(2), OSM set out two procedures
concerning the withdrawal of allocated but unexpended State or Indian Tribal funds. First, if a State advises OSM in
writing that it does not intend to submit a State reclamation plan, no monies will be allocated to that State. Secondly,
amounts allocated to a State that have not been granted to the State within three years from the date of allocation
shall be available to the Director for other purposes as set out in 30 CFR 872.11(b)(5) and Section 401(c) of the Act. 


   The State of Georgia has formally notified OSM in writing on September 8, 1981, that it does not wish to assume
regulatory responsibility over surface mining. Accordingly the Director is transferring all funds allocated to the State
of Georgia to the Secretary's discretionary share pursuant to the authority in Sections 402 and 412(a) of the Act and
30 CFR 872.11(b)(2) of the Secretary's regulations.  

Dated: September 8, 1983.    
James R. Harris,  Director, Office of Surface Mining.  

[FR Doc. 83-24924 Filed 9-12-83; 8:45 am]  
BILLING CODE 4310-05-M