[Federal Register Volume 61, Number 68 (Monday, April 8, 1996)]
[Proposed Rules]
[Pages 15435-15437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8628]



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DEPARTMENT OF THE INTERIOR
30 CFR Part 936

[SPATS No. OK-015-FOR]


Oklahoma Abandoned Mine Land Reclamation Plan Amendment

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

ACTION: Proposed Rule; Reopening and Extension of Public Comment Period 
on Proposed Amendment.

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SUMMARY: OSM is announcing receipt of additional revisions pertaining 
to a previously proposed amendment to the Oklahoma abandoned mine land 
reclamation plan (hereinafter referred to as the ``Oklahoma plan'') 
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA), 
as amended by the Abandoned Mine Reclamation Act of 1990. The 
additional revisions for Oklahoma's proposed plan amendment pertain to 
eligible lands and water. The amendment is intended to revise the 
Oklahoma plan to be consistent with the corresponding Federal 
regulations and SMCRA, as amended.

DATES: Written comments must be received by 4:00 p.m., c.d.t., April 
23, 1996.

ADDRESSES: Written comments should be mailed or hand delivered to Jack 
R. Carson, Acting Director, Tulsa Field Office, at the address listed 
below.
    Copies of the Oklahoma plan, the proposed amendment, and all 
written comments received in response to this document will be 
available for public review at the addresses listed below during normal 
business hours, Monday through Friday, excluding holidays. Each 
requester may receive one free

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copy of the proposed amendment by contacting OSM's Tulsa Field Office.

Jack R. Carson, Acting Director, Tulsa Field Office, Office of Surface 
Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 470, 
Tulsa, Oklahoma 74135-6547, Telephone: (918) 581-6430.
Oklahoma Conservation Commission, 2800 N. Lincoln Blvd., Suite 160, 
Oklahoma City, Oklahoma 73105-4210, Telephone: (405) 521-2384.

FOR FURTHER INFORMATION CONTACT: Jack R. Carson, Acting Director, Tulsa 
Field Office, Telephone: (918) 581-6430.

I. Background on the Oklahoma Plan

    On January 21, 1982, the Secretary of the Interior approved the 
Oklahoma plan. Background information on the Oklahoma plan, including 
the Secretary's findings, the disposition of comments, and the approval 
of the plan can be found in the January 21, 1982, Federal Register (47 
FR 2989). Subsequent actions concerning Oklahoma's plan and amendments 
to the plan can be found at 30 CFR 936.25.

II. Discussion of the Proposed Amendment

    By letter dated November 13, 1995 (Administrative Record No. OAML-
63), Oklahoma submitted a proposed amendment to its plan pursuant to 
SMCRA, as amended. Oklahoma submitted the proposed amendment in 
response to a September 26, 1994, letter (Administrative Record No. 
OAML-65) that OSM sent to Oklahoma in accordance with 30 CFR 884.15(d). 
Oklahoma proposed revision of the Oklahoma administrative rules at OAC 
155:15, Oklahoma Abandoned Mine Land Program, and the Oklahoma plan at 
sections 884.13(c)(1), Goals and Objectives; 884.13(c)(2), Project 
Ranking and Selection; 884.13(c)(3), Interagency Coordination; 
884.13(c)(5), Eligible Lands and Waters; 884.13(c)(7), Public 
Participation; and 884.13(d)(1), Administrative and Management 
Structure.
    OSM announced receipt of the proposed amendment in the December 21, 
1995, Federal Register (60 FR 66244) and invited public comment on its 
adequacy. The public comment period ended January 22, 1996.
    During its review of the amendment, OSM identified concerns 
relating to Oklahoma's proposal to revise the administrative 
regulations at OAC 155.15-1-5, Eligible Lands and Water, and the 
Oklahoma plan at section 884.13(c)(5), Eligible Lands and Water. These 
revisions were intended to allow expenditure of funds for reclamation 
of certain lands and water affected by mining after August 3, 1977, the 
effective date of SMCRA. OSM notified Oklahoma of the concerns by 
telephone on March 15, 1996, and by telefax on March 19, 1996 
(Administrative Record Nos. OAML-71 and OAML-72). Oklahoma responded in 
a letter dated March 21, 1996, by submitting revisions to its amendment 
(Administrative Record No. OAML-69).
    Oklahoma proposes additional revisions to the Oklahoma plan at 
section 884.13(c)(5), Eligible Lands and Water.
    A new provision is added at subsection 884.13(c)(5)(C). This 
provision performs the following functions:
     Prescribes that for post-August 3, 1977, sites, states may 
expand funds available under SMCRA 402(g)(1) and (5) (state share and 
historic coal distribution);
     Requires the State to make certain findings outlined in 
OAC 155:15-1-5(b,c,d); and
     Requires that the State determine that the reclamation 
priority of a site be the same or more urgent than that of pre-August 
4, 1977 sites.
    A new provision is added at subsection 884.13(c)(5)(D) that 
requires the State to use any related financial recoveries from 
responsible parties for reclamation at the site, or to reimburse the 
Abandoned Mine Land Reclamation Fund.
    The portions of the Oklahoma plan previously identified as 
subsections 884.13(c)(5)(C) and (D) are redesignated as 884.13(c)(5)(E) 
and (F).

III. Public Comment Procedures

    OSM is reopening the comment period on the proposed Oklahoma plan 
amendment to provide the public an opportunity to reconsider the 
adequacy of the proposed amendment in light of the additional materials 
submitted. In accordance with the provisions of 30 CFR 884.14 and 
884.15(a), OSM is seeking comments on whether the proposed amendment 
satisfies the applicable plan approval criteria of 30 CFR 884.14. If 
the amendment is deemed adequate, it will become part of the Oklahoma 
plan.

Written Comments

    Written comments should be specific, pertain only to the issues 
proposed in this rulemaking, and include explanations in support of the 
commenter's recommendations. Comments received after the time indicated 
under DATES or at locations other than the Tules Field Office will not 
necessarily be considered in the final rulemaking or included in the 
Administrative Record.

IV. Procedural Determinations

Executive Order 12866

    This proposed 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 (Civil Justice Reform) 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 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 abandoned mine land 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 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 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 OMB 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 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

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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 936

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: April 12, 1996.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 98-8628 Filed 4-5-96: 8:45 am]
BILLING CODE 4310-05-M