[Federal Register Volume 59, Number 145 (Friday, July 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18500]


[[Page Unknown]]

[Federal Register: July 29, 1994]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 917

 

Kentucky Abandoned Mine Land Reclamation Plan

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

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is approving a proposed amendment to the Kentucky 
abandoned mine land reclamation plan (hereinafter referred to as the 
``Kentucky plan'') under the Surface Mining Control and Reclamation Act 
of 1977 (SMCRA). Kentucky proposed revisions to Chapter 5 of its plan 
pertaining to procedures for coordination of reclamation activities 
with the Rural Abandoned Mine Program (RAMP) administered by the U.S. 
Department of Agriculture, Soil Conservation Service (SCS). The 
amendment is intended to revise the Kentucky plan to improve 
operational efficiency.

EFFECTIVE DATE: July 29, 1994.

FOR FURTHER INFORMATION CONTACT: William J. Kovacic, Director, 
Lexington Field Office, Office of Surface Mining Reclamation and 
Enforcement, 2675 Regency Road, Lexington, Kentucky 40503, Telephone: 
(606) 233-2896.

SUPPLEMENTARY INFORMATION:

I. Background on the Kentucky Plan
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations

I. Background on the Kentucky Plan

    On May 18, 1982, the Secretary of the Interior approved the 
Kentucky plan. Background information on the Kentucky plan, including 
the Secretary's findings, the disposition of comments, and the approval 
of the plan can be found in the May 18, 1982, Federal Register (47 FR 
21435). Subsequent actions concerning amendments to the plan can be 
found at 30 CFR 917.21.

II. Submission of the Proposed Amendment

    By letter dated May 5, 1994 (Administrative Record No. K-64), 
Kentucky submitted a proposed amendment to its plan pursuant to SMCRA. 
Kentucky submitted the proposed amendment at its own initiative in 
accordance with 30 CFR 884.15(a). Kentucky proposed to amend the 
policies and procedures in Chapter 5 of its plan pertaining to 
coordination of its reclamation program activities with the SCS 
administered RAMP reclamation activities. The proposed amendment also 
contained editorial revisions to the introductory and Federal 
reclamation program sections.
    OSM announced receipt of the proposed amendment in the June 3, 
1994, Federal Register (59 FR 28823), and in the same document opened 
the public comment period and provided an opportunity for a public 
hearing on the adequacy of the proposed amendment. The public comment 
period closed on July 5, 1994.

III. Director's Findings

    Set forth below, pursuant to SMCRA and the Federal regulations at 
30 CFR 884.14 and 884.15, are the Director's findings concerning the 
proposed amendment.
    Revisions not specifically discussed below concern nonsubstantive 
wording changes, or revised cross-references and paragraph notations to 
reflect organizational changes resulting from this amendment.
    In accordance with 30 CFR 884.13(c)(3), each proposed State 
reclamation plan shall include a narrative description of the policies 
and procedures to be followed in conducting the reclamation program 
including the coordination of reclamation work with the Rural Abandoned 
Mine Program administered by the Soil Conservation Service.
    Kentucky proposed to amend the policies and procedures in Chapter 5 
of its plan pertaining to coordination of its reclamation program 
activities with the SCS administered RAMP reclamation activities. This 
amendment was initiated in part due to a finding by the Kentucky 
Auditor of Public Accounts in the Statewide Audit for the period ended 
June 30, 1992, that the Division of Abandoned Lands (DAL) was not 
operating in compliance with the Kentucky plan. Kentucky had 
established a ``Kentucky Advisory Committee for Abandoned Mine Land 
Reclamation'' to facilitate coordination of program activities with the 
RAMP program administered by the SCS. The Auditor determined that the 
processes established for the Advisory Committee to coordinate with SCS 
were not being followed and observed that the state plan needs to be 
revised to reflect current coordination procedures. The Advisory 
Committee had proven difficult to assemble, was cumbersome in 
operation, and had been disbanded. This amendment deletes reference to 
the Kentucky Advisory Committee and establishes policies and procedures 
for formal interagency coordination of reclamation activities between 
the DAL and the SCS. The meetings of the Kentucky Advisory Committee 
are replaced with annual meetings between the DAL and the SCS. During 
the annual meetings, the SCS will present proposed RAMP reclamation 
projects and overall RAMP plans and goals. Also, the two agencies will 
exchange reclamation technique technology information. The DAL will 
provide the SCS with individual site specific information for project 
proposals through the Kentucky State Clearinghouse process. The SCS 
will provide DAL with copies of RAMP documentation provided to OSM. 
Contacts between the DAL and the SCS will be initiated by either party 
on an as needed basis. In its letter of May 5, 1994 (Administrative 
Record No. K-64), Kentucky indicated that these revised policies and 
procedures represent a process that has matured over the years into a 
format which is both effective and efficient.
    The Director finds the proposed policies and procedures at Chapter 
5 for coordination between the DAL and the SCS in conducting 
reclamation activities meet the requirements of 30 CFR 884.13(c)(3).

IV. Summary and Disposition of Comments

Public Comments

    The Director solicited public comments and provided an opportunity 
for a public hearing on the proposed amendment. No one requested an 
opportunity to speak at a public hearing so no hearing was held.
    The Kentucky Resources Council (KRC) filed written comments on July 
7, 1994 (Administrative Record No. KY-1301). A summary of those 
comments and their disposition is set forth below.
    1. The KRC expressed concern that the May 5, 1994, amendment made 
no mention of coordination with OSM's AML reclamation efforts. The 
Director notes that the narrative description of Kentucky's policies 
and procedures for coordination with OSM's reclamation program (page 5-
3 of the Kentucky plan) was approved by OSM on May 18, 1982 (47 FR 
21435), and Kentucky proposed no substantive changes to the Federal 
reclamation program section of Chapter 5.
    2. The KRC also commented that the coordination procedures should 
be incorporated into a formal document among the agencies that 
memorializes the commitments made in the May 5, 1994, submittal and 
recommended only provisional approval of the amendment subject to 
submittal of a memorandum of understanding or memorandum of agreement 
executed by representative of OSM, DAL and SCS. The Director finds that 
the Federal regulations at 30 CFR 884.13(c)(3) do not require the 
states to execute those types of formalized agreements with OSM and 
SCS.

Federal Agency Comments

    Pursuant to 884.14(a)(2) and 884.15(a), the Director solicited 
comments on the proposed amendment from various other Federal agencies 
with an actual or potential interest in the Kentucky plan. No federal 
agency comments were received.

Environmental Protection Agency (EPA)

    Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the 
written concurrence of the EPA with respect to those provisions of the 
proposed plan amendment which relate to air or water quality standards 
promulgated under the authority of the Clean Air Act (42 U.S.C. 7401 et 
seq.) or the Clean Water Act (33 U.S.C. 1252 et seq.). The Director has 
determined that this amendment contains no provisions in these 
categories and that EPA's concurrence is not required.

V. Director's Decision

    Based on the above finding, the Director approves the proposed plan 
amendment as submitted by Kentucky on May 5, 1994.
    The Federal regulations at 30 CFR Part 917, codifying decisions 
concerning the Kentucky 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.

Effect of Director's Decision

    Section 503 of SMCRA provides that a State may not exercise 
jurisdiction under SMCRA unless the State program is approved by the 
Secretary. Similarly, 30 CFR 884.15(a) requires that any alteration of 
an approved State reclamation plan be submitted to OSM for review as a 
program amendment. Thus, any changes to the State reclamation plan are 
not enforceable until approved by OSM. In the oversight of the Kentucky 
plan, the Director will recognize only the statutes, regulations and 
other materials approved by OSM, together with any consistent 
implementing policies, directives and other materials, and will require 
the enforcement by Kentucky of only such provisions.

VI. Procedural Determinations

Executive Order 12866

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12866 (Regulatory Planning and 
Review).

Executive Order 12778

    The Department of the Interior has conducted the reviews required 
by section 2 of Executive Order 12778 and has determined that, to the 
extent allowed by law, 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 and Tribal abandoned 
mine land reclamation plans and revisions thereof since each such plan 
is drafted and adopted by a specific State or Tribe, not by OSM. 
Decisions on proposed State and Tribal abandoned mine land reclamation 
plans and revisions thereof submitted by a State or Tribe 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 Federal regulations at 
30 CFR Parts 884 and 888.

National Environmental Policy Act

    No environmental impact statement is required for this rule since 
agency decisions on proposed State and Tribal abandoned mine land 
reclamation plans and revisions thereof are categorically excluded from 
compliance with the National Environmental Policy Act (42 U.S.C. 4332) 
by the Manual of the Department of the Interior [516 DM 6, appendix 8, 
paragraph 8.4B(29)].

Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by the Office of Management and Budget under the 
Paperwork Reduction Act, 44 U.S.C. 3507 et seq.

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 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. Accordingly, this rule will ensure that existing requirements 
previously promulgated by OSM will be implemented. 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 917

    Intergovernmenal relations, Surface mining, Underground mining.
    Dated: July 22, 1994.
Patricia P. Acker,
Acting Assistant Director, Eastern 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 917--KENTUCKY
    1. The authority citation for part 917 continues to read as 
follows:
    Authority: 30 U.S.C. 1201 et seq.
    2. Section 917.21 is amended by adding paragraph (d) to read as 
follows:


Sec. 917.21  Approval of abandoned mine land reclamation plan 
amendments.

* * * * *
    (d) The following amendment pertaining to the Kentucky abandoned 
mine land reclamation plan, as submitted to OSM on May 5, 1994, is 
approved effective July 29, 1994:


Chapter 5.........................  Coordination with Ramp, Indian, and 
                                     Other Reclamation Programs.        
                                                                        

[FR Doc. 94-18500 Filed 7-28-94; 8:45 am]
BILLING CODE 4310-05-M