[Federal Register Volume 59, Number 3 (Wednesday, January 5, 1994)] [Rules and Regulations] [Pages 540-542] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-119] [[Page Unknown]] [Federal Register: January 5, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 904 Arkansas' Abandoned Mine Land Reclamation Plan AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), Interior. ACTION: Final rule; approval of amendment. ----------------------------------------------------------------------- SUMMARY: OSM is approving an amendment to the Arkansas abandoned mine land reclamation plan (hereinafter referred to as the ``Arkansas plan'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The amendment consists of revisions to the Arkansas statute pertaining to the eligibility of project sites for abandoned mined land (AML) funds. The amendment is intended to revise the Arkansas plan to be in compliance with SMCRA. EFFECTIVE DATE: January 5, 1994. FOR FURTHER INFORMATION CONTACT: James H. Moncrief, Telephone: (918) 581-6430. SUPPLEMENTARY INFORMATION: I. Background on the Arkansas Plan II. Submission of Amendment III. Director's Findings IV. Summary and Disposition of Comments V. Director's Decision VI. Procedural Determinations I. Background on the Arkansas Plan On May 2, 1983, the Secretary of the Interior approved the Arkansas plan. General background information on the Arkansas plan, including the Secretary's findings, the disposition of comments, and the approval of the Arkansas plan can be found in the May 2, 1983, Federal Register (48 FR 19710). II. Submission of Amendment By letter dated October 6, 1993 (Administrative Record No. AAML- 18), Arkansas submitted a proposed amendment to its plan pursuant to SMCRA. Arkansas submitted the proposed amendment in response to a required program amendment at 30 CFR 904.26(a) that was placed on the Arkansas plan when OSM approved Arkansas' March 31, 1993, plan amendment (58 FR 38532, July 19, 1993; Administrative Record No. AAML- 17). Arkansas intended that this amendment be in compliance with section 402 of SMCRA. Arkansas proposed to amend Arkansas Code Annotated (ACA) 15-58- 401(b)(2) that provides criteria for the determination of the eligibility of certain project sites for AML funding. Specifically, Arkansas proposed to require at ACA 15-58-401(b)(2) a finding that the surface coal mining operation occurred during the period beginning on August 4, 1977, and ending on November 5, 1990. OSM announced receipt of the proposed amendment in the November 1, 1993, Federal Register (58 FR 58313; Administrative Record No. AAML-25) and in the same notice opened the public comment period and provided an opportunity for a public hearing on the substantive adequacy of the proposed amendment. The public comment period closed on December 1, 1993. No substantive comments were received. The public hearing, scheduled for November 26, 1993, was not held because no one requested an opportunity to testify. III. Director's Findings After a thorough review pursuant to SMCRA and the Federal regulations at 30 CFR 884.14 and 884.15, the Director finds, as discussed below, that Arkansas' October 6, 1993, proposed plan amendment is in compliance with SMCRA. OSM required at 30 CFR 904.26(a) that Arkansas submit a revision to ACA 15-58-401(b)(2) to limit operations eligible for AML funds because of insolvency of a surety company to those operations whose surety became insolvent during the time frame provided by section 402(g)(4)(B)(ii) of SMCRA. Section 402(g)(4)(B)(ii) of SMCRA, as revised by the Abandoned Mine Land Reclamation Act of 1990 (Pub. L. 101-508), provided that the period of time during which such an operation would be eligible for AML funds because of the insolvency of the surety company would begin on August 4, 1977, and end on the date of enactment of the revision to SMCRA, which was November 5, 1990. Because Arkansas revised ACA 15-58-401(b)(2) to specify a period of time beginning on August 4, 1977, and ending on November 5, 1990, ACA 15-58-401(b)(2) is no less stringent than section 402(g)(4)(B)(ii) of SMCRA, as revised by the Abandoned Mine Land Reclamation Act of 1990. Therefore, the Director approves ACA 15-58-401(b)(2) and removes the required amendment at 30 CFR 904.26(a). IV. Summary and Disposition of Comments 1. Public Comments The Director solicited public comments and provided an opportunity for a public hearing on the proposed amendment. No public comments were received, and because no one requested an opportunity to testify at a public hearing, no hearing was held. 2. Agency Comments Pursuant to 30 CFR 884.14(a)(2) and 884.15(a), the Director solicited comments from the heads of various other Federal agencies with an actual or potential interest in the Arkansas plan. By letter dated October 29, 1993, (Administrative Record No. AAML- 22), the U.S. Bureau of Mines responded that it had no comments. By letter dated October 29, 1993 (Administrative Record No. AAML- 23), the U.S. National Park Service (NPS) responded that the proposed amendment would not impact NPS program responsibilities. By letter dated November 8, 1993 (Administrative Record No. AAML- 24), the U.S. Bureau of Land Management responded with a recommendation that Arkansas be required to revise ACA 15-58-401(c) so that it would read as follows: In determining which sites to reclaim pursuant to paragraph (b) of this section, the Director shall follow the priorities stated in paragraphs (1) and (2) of 15-58-402. The Director shall ensure that priority is given to those sites which are in the immediate vicinity of a residential area or which have an adverse economic impact upon a community [once coal mining sites and toxic mining material sites on federal or state surface tracts have been reclaimed]. BLM proposed the addition of the bracketed language and stated that its intent was to protect the public interest as a whole, particularly in the Ouachita National Forest, prior to focusing in on individual communities. Referenced ``paragraph (b) of this section'' in ACA 15-58-401, as revised by the amendment that is the subject of this notice, allows the reclamation under Arkansas' plan of certain surface coal mining operations that operated on or after August 7, 1977, and were abandoned or left in an inadequate reclamation status. Referenced ``paragraphs (1) and (2) of 15-58-402'' require that the expenditure of AML funds reflect the priorities of (1) the protection of public health, safety, general welfare, and property from extreme danger of adverse effects of coal mining practices and (2) the protection of public health, safety, and general welfare from adverse effects of coal mining practices. These State provisions are substantively identical to sections 403(a) (1) and (2) of SMCRA. ACA 15-58-401(c) is substantively identical to section 402(g)(4)(C) of SMCRA. In addition, section 411 of SMCRA provides for the use of AML funds for lands affected by noncoal mining only after a State has certified that all abandoned coal mines have been reclaimed. Arkansas has not yet made this certification. OSM cannot, as requested by BLM, require that Arkansas give higher priority to the reclamation of coal mining sites and toxic mining material sites on federal or state surface tracts because sections 403(a), 402(g)(4)(C), and 411 of SMCRA do not do so. V. Director's Decision Based on the above finding, the Director approves Arkansas' proposed plan amendment, as submitted on October 6, 1993. The Federal regulations at 30 CFR part 904, codifying decisions concerning the Arkansas plan, are being amended to implement this decision. This final rule is being made effective immediately to expedite the State plan amendment process and to encourage States to bring their plans into conformity with the Federal standards without undue delay. Consistency of State and Federal standards is required by SMCRA. VI. Procedural Determinations 1. Executive Order 12866 This final rule is exempted from review by the Office of Management and Budget (OMB) under Executive Order 12866 (Regulatory Planning and Review). 2. Executive Order 12778 The Department of the Interior has conducted the reviews required by section 2 of Executive Order 12778 (Civil Justice Reform) and has determined that this rule meets the applicable standards of subsections (a) and (b) of that section. However, these standards are not applicable to the actual language of State abandoned mine land reclamation plans and revisions thereof since each such plan is drafted and promulgated by a specific State, not by OSM. Decisions on proposed State AML reclamation plans and revisions thereof submitted by a State are based on a determination of whether the submittal meets the requirements of Title IV of SMCRA (30 U.S.C. 1231-1243) and the applicable Federal regulations at 30 CFR parts 884 and 888. 3. National Environmental Policy Act No environmental impact statement is required for this rule since agency decisions on proposed State abandoned mine land reclamation plans and revisions thereof are categorically excluded from compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4332) by the Manual of the Department of the Interior (516 DM 6, appendix 8, paragraph 8.4B(29)). 4. Paperwork Reduction Act This rule does not contain information collection requirements that require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 3507 et seq.). 5. Regulatory Flexibility Act The Department of the Interior has determined that 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 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. Accordingly, this rule will ensure that existing requirements established by SMCRA or previously promulgated by OSM will be implemented by the State. In making the determination as to whether this rule would have a significant economic impact, the Department relied upon the data and assumptions in the analyses for the corresponding Federal regulations. List of Subjects in 30 CFR Part 904 Intergovernmental relations, Surface mining, Underground mining. Dated: December 28, 1993. Raymond L. Lowrie, Assistant Director, Western Support Center. For the reasons set out in the preamble, title 30, chapter VII, subchapter T of the Code of Federal Regulations is amended as set forth below: PART 904--ARKANSAS 1. The authority citation for part 904 continues to read as follows: Authority: 30 U.S.C. 1201 et seq. 2. Section 904.25 is amended by adding paragraph (b) to read as follows: Sec. 904.25 Approval of abandoned mine land reclamation plan amendments. * * * * * (b) The following section of the Arkansas Code Annotated, title 15, pertaining to the Arkansas abandoned mine land reclamation plan, as submitted to OSM on October 6, 1993, is approved effective January 5, 1994. Section 15-58-401(b)(2) of Arkansas Code Annotated--Lands Eligible. 3. Section 904.26 is revised to read as follows: Sec. 904.26 Required plan amendments. Pursuant to 30 CFR 884.15, Arkansas is required to submit for OSM's approval the following proposed plan amendment by the date specified. (a) [Reserved] (b) [Reserved] [FR Doc. 94-119 Filed 1-4-94; 8:45 am] BILLING CODE 4310-05-M