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Federal Register / Vol. 86, No. 204 / Tuesday, October 26, 2021 / Rules and Regulations Reclamation projects will not be undertaken without first receiving an ATP from OSMRE. This is in accordance with section 405l of SMCRA 30 U.S.C. 1235l and consistent with 30 CFR 874.15 and 875.19.
Wyomings revised Plan Administrative Record No. WY053
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. WY053
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 884.13a3iii.
According to the section titled Land Acquisition, Management and Disposal, the revised Wyoming Plan Administrative Record No. WY053
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 Wyomings Plan is consistent with the requirements of 30 CFR 884.13a3iv.
Wyomings revised Plan Administrative Record No. WY053
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 de of the Wyoming Environmental Quality Act will be followed. Thus, this section of Wyomings revised Plan is consistent
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with the Plan content requirements of 30 CFR 884.13a3v and vi.
Wyomings revised Plan Administrative Record No. WY053
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
884.13a3vii.
As previously discussed, Wyomings revised Plan Administrative Record No.
WY05302 includes all required sections meeting the requirements of 30
CFR 884.13a3i 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, Wyomings revised Plan Administrative Record No. WY05302 is consistent with the AML Reclamation Plan content requirements found at 30 CFR
884.13a3.
Federal regulations at 30 CFR
884.13a4i require a description of the designated agencys organization and relationship to other State entities that will participate in or augment the States reclamation capacity. Wyomings revised Plan Administrative Record No.
WY05302 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 DEQs AML Organization.
Federal regulations at 30 CFR
884.13a4ii require a description of the personnel staffing policies which will govern the assignment of personnel to the State reclamation program.
Wyomings revised Plan Administrative Record No. WY05302 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
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controlled by budget acts approved by the Wyoming Legislature. This change does not alter Wyomings staffing and personnel policies because it still provides the information required under 30 CFR 884.13a4ii, but in a more condensed format.
Federal regulations at 30 CFR
884.13a4iii require a description of State purchasing and procurement systems to meet the requirements of Office of Management and Budget Circular A102, 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 A102, including Attachment 0 referenced in 30
CFR 884.13a4iii, 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. WY05302 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 Wyomings purchasing and procurement rules, the bid process, and the use of OSMREs 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
884.13a4iii.
Federal regulations at 30 CFR
884.13a4iv require a description of the accounting system to be used by the agency including specific procedures for operation of the Abandoned Mine Reclamation Fund. Wyomings revised Plan Administrative Record No. WY
05302 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, Wyomings revised Plan Administrative Record No.
WY05302 includes all required sections meeting the requirements of 30
CFR 884.13a4i through iv that
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