[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Pages 26461-26464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13262]



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DEPARTMENT OF THE INTERIOR
30 CFR Part 936

[SPATS No. OK-015-FOR]


Oklahoma 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 Oklahoma 
abandoned mine land reclamation plan (hereinafter referred to as the 
``Oklahoma plan'') under the Surface Mining Control and Reclamation Act 
of 1977 (SMCRA). Oklahoma proposed revisions and additions to its rules 
and to sections of the Oklahoma plan pertaining to definitions, 
contractor responsibility, eligible lands and waters, reclamation 
project objectives and priorities, project ranking, public 
participation, organizational structure, and coordination of 
reclamation with other agencies. The amendment is intended to revise 
the Oklahoma plan to be consistent with the corresponding Federal 
regulations and SMCRA, to incorporate the additional flexibility 
afforded by the revised Federal regulations, and to improve operational 
efficiency.

EFFECTIVE DATE: May 28, 1996.

FOR FURTHER INFORMATION CONTACT:
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.

SUPPLEMENTARY INFORMATION:

I. Background on the Oklahoma 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 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. Submission 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. Oklahoma submitted the proposed amendment in response to a 
September 26, 1994, letter from OSM in accordance with 30 CFR 884.15 
(Administrative Record No. OAML-65) and at its own initiative. Oklahoma 
proposed to amend its administrative rules at OAC 155:15, Oklahoma 
Abandoned Mine Land Program, and its reclamation plan at section 
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 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 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).
    Based upon the revisions to the proposed plan amendment submitted 
by Oklahoma, OSM reopened the public comment period in the April 8, 
1996, Federal Register (61 FR 15435) and provided opportunity for 
public comment on the adequacy of the revised amendment. The public 
comment period closed on April 23, 1996.

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 
editorial changes, punctuation, grammatical, or revised cross-
references and paragraph

[[Page 26462]]

notations to reflect organizational changes resulting from this 
amendment.

A. OAC 155:15, Oklahoma Abandoned Mine Land Reclamation Program

    1. OAC 155:15-1-2. This section is amended to revise the 
definitions for ``Act''; ``Fund''; ``Program''; and ``Secretary.'' The 
revised definitions are not inconsistent with the definition contained 
in the Federal regulations at 30 CFR 870.5. Therefore, the Director is 
approving the proposed revisions at OAC 155:15-1-2.
    2. OAC 155:15-1-3. This section is changed to add subsection (4) 
that requires all successful bidders for AML construction contracts to 
be found eligible to receive funding using the OSM automated Applicant/
Violator System (AVS). This is a required amendment as specified in the 
September 26, 1994, letter from the Director. The Director finds the 
proposed provision is in compliance with the requirements of the 
Federal regulations at 30 CFR 874.16 and 875.20. Therefore, the 
Director is approving the proposed revision to OAC 155:15-1-3.
    3. OAC 155:15-1-5. Subsections (b), (c), and (d) are added to OAC 
155:15-1-5. These subsections incorporate the requirements of the 
Federal regulations at 30 CFR 874.12 (d), (g), and (h). These new 
subsections expand the definition of lands and waters eligible for 
funding to include certain sites mined after August 4, 1977. Review of 
the original amendment determined that the Oklahoma plan or regulations 
must also make provisions for the requirements of 30 CFR 874.12(e) and 
(f), in order for the plan to be consistent with the provisions of 
SMCRA and the Federal regulations. OSM notified Oklahoma of this 
concern on March 15, 1996, and advised that the additional provisions 
may be included in either the State regulations at OAC 155:15-1-5 or in 
the Oklahoma Plan. Oklahoma submitted an additional revision to the 
plan on March 21, 1996.
    The Director finds that the proposed regulations at OAC 155:15-1-5 
(b), (c), and (d) are substantially the same as the Federal counterpart 
regulations at 30 CFR 874.12 (d), (g), and (h). Counterparts to the 
Federal Regulations at 30 CFR 874.12 (e) and (f) are included in the 
Oklahoma plan at Section 884.13(c)5. Therefore, the Director finds the 
post-SMCRA eligibility provisions of this amendment to be consistent 
with SMCRA and the Federal regulations, and he is approving them.
    4. OAC 115:15-1-6. A new first paragraph is added to OAC 115:156-1-
6 which incorporates the revised requirements of 30 CFR 874.13 and 
outlines reclamation project objectives and priorities. New provisions 
require that State reclamation projects be accomplished in accordance 
with OSM's ``Final Guidelines for Reclamation Programs and Projects'', 
published March 6, 1980.
    Old subsections (4) and (7) of 155:15-1-6 were deleted and the 
remaining subsections renumbered (4) and (5). Old subsection (4) 
identified ``projects for research and demonstration relating to 
reclamation and water quality control'' as the fourth priority for 
funding, an old subsection (7) identified ``construction of public 
facilities in mining impacted communities'' as the seventh priority of 
reclamation funding. The deletion of these two subsections is 
consistent with the deletion of the Federal counterpart subsections on 
May 31, 1994 (59 FR 28136). The revised regulation at OAC 155:15-1-6 is 
substantially the same as the Federal counterpart regulation at 30 CFR 
874.13 and SMCRA section 403(a). Therefore, the Director finds it is 
consistent with SMCRA and the Federal regulations, and he is approving 
it.
    5. OAC 115:15-1-14. This section is added to incorporate the 
requirements of 30 CFR 874.14, authorizing repair and replacement of 
water supplies damaged by abandoned mines. The proposed regulation at 
OAC 115:15-1-14 is substantially the same as the Federal counterpart 
regulation at 30 CFR 874.14 and SMCRA section 403(a). Therefore, the 
Director finds it is consistent with SMCRA and the Federal regulations, 
and he is approving it.
    6. OAC 155:15-1-15. This section is added to allow Oklahoma to 
receive and use future set-aside funds. The proposed regulation at OAC 
155:1-15 is substantially the same as the Federal counterpart 
regulation at 30 CFR 873. Therefore, the Director is approving OAC 
155:15-1-15.
    7. OAC 155:15-1-16. This section is added to authorize the 
establishment of an Acid Mine Drainage Trust Fund and to outline the 
requirements for acid mine drainage projects. The proposed regulation 
at OAC 155:15-1-16 is substantively the same as the Federal counterpart 
regulation at 30 CFR 876. Therefore, the Director is approving OAC 
155:15-1-16.

B. Oklahoma Abandoned Mine Land Reclamation Plan

    1. Section 884.13(c)1, Goals and Objectives. This section is 
changed to reflect new language in the ``objectives and priorities'' 
section of the Federal regulation at 30 CFR 874.13 and the elimination 
of two reclamation priorities in SMCRA section 403. The new 
introductory paragraph outlines reclamation project objectives and 
priorities and states that ``generally, projects of a lower priority 
should not be undertaken until all known higher priority coal projects 
have either been accomplished, are in the process of being reclaimed, 
or have been approved by the secretary, except in those instances where 
such lower priority projects may be undertaken in conjunction with a 
higher priority site.'' This adds clarification to the section and is 
in compliance with new language in 30 CFR 874.13.
    The seven priority objectives outlined in the original version of 
the State plan are revised to five priority objectives. Old priority 
objectives (4) and (7) of this section were deleted and the remaining 
objectives renumbered (4) and (5). Old objective (4) identified as the 
fourth priority for funding, projects for research and demonstration 
relating to reclamation and water quality control. Old objective (7) 
identified construction of public facilities in mining impacted 
communities as the seventh priority of reclamation funding. The 
deletion of these two objectives is consistent with the deletion of the 
Federal regulation counterpart objectives on May 31, 1994 (59 FR 
28136).
    At the State's initiative, detailed discussions of generic AML 
problem types, corrective measures, conservation practices, funding 
considerations, anticipated benefits, possible adverse effects, and 
time frames covered by the plan are all deleted from the State 
reclamation plan through this revision. These discussions are not a 
required part of this section and many were out of date because of 
changes to the State program, changes to SMCRA, the advancement of 
reclamation technology, and completion of many of the State's highest 
priority projects.
    The Director finds that Section 884.13(c)1 is substantially the 
same as the Federal counterpart regulation at 30 CFR 874 and SMCRA 
section 403(a). Therefore, he is approving it. This revision also 
accurately reflects changes to the Oklahoma Administrative Code at OAC 
115:15-1-6.
    2. Section 884.13(c)2, Specific Criteria for Ranking and 
Identifying Projects To Be Funded. A new provision is added to the 
first paragraph that provides for publication of public notices in 16 
coal counties and provides opportunity for the public to attend one of 
four annual public meetings. The Project Selection Matrix is replaced 
with a new one. Table 3 which outlines the general procedure for 
project ranking and selection is replaced. It clarifies the process and 
clearly outlines the

[[Page 26463]]

responsibilities of each of the parties involved in project selection. 
Input from the general public is placed at the head of the process. 
This public involvement was not explicit in the previously approved 
procedure.
    The proposed changes are voluntary on the part of the State program 
and improve opportunities for public involvement in the project 
selection process. There are no comparable components in SMCRA or the 
Federal regulations. However, 30 CFR 884.13(c)(2) does require that 
States describe the project ranking procedures in their State 
reclamation plans. Therefore, the Director finds the new provisions are 
consistent with SMCRA and the Federal regulation requirements, and he 
is approving the proposed revision.
    3. Section 884.13(c)3, Coordination of Reclamation Work Between The 
State, The Soil Conservation Service And Other Reclamation Agencies. 
The list of agencies which will be represented on the State Reclamation 
Committee is revised. The sections entitled ``Purpose of the State 
Reclamation Committee'' and ``Role of the State Reclamation Committee'' 
are consolidated into one ``Purpose'' section. The proposed changes are 
voluntary on the part of the State program. There are no comparable 
components in SMCRA or the Federal regulations. However, 30 CFR 
884.13(c)(3) does require that States describe coordination of 
reclamation work among the State reclamation program, the Rural 
Abandoned Mine Program, the reclamation programs of any Indian tribes, 
and OSM reclamation programs. Therefore, the Director finds this part 
of the State plan is consistent with and satisfies the requirements of 
30 CFR 884.13(c)(3), and he is approving the proposed revisions.
    4. Section 884.13(c)5, Policies and Procedures Regarding 
Reclamation on Private Land. The subsection entitled ``Eligible Lands 
and Water'' is revised to make certain mine lands, abandoned after 
passage of SMCRA, eligible for reclamation funding under the Abandoned 
Mine Land Program. A new sub-part (B) is added to the ``Eligible Lands 
and Waters'' subsection which incorporates the requirements of 30 CFR 
874.12 (d), (e), (f), (g), and (h). The changes to Section 884.13(c)5 
are substantially the same as the Federal counterpart regulations. 
Therefore, the Director is approving the proposed revision.
    5. Section 884.13(c)7, Public Participation And Involvement In The 
Preparation Of The State Reclamation Plan And In The State Reclamation 
Program. Subsection (2) of the public participation policies is changed 
to provide more and earlier opportunity for the public to become 
involved in the AML project selection process. This is a voluntary 
change initiated by the State. There is no direct counterpart Federal 
regulation. However, a description of public participation policies is 
required by 30 CFR 884.13(c)(7). Therefore, the Director finds this 
revised section meets this Federal requirement, and he is approving it.
    6. Section 884.13(d)1, A Description Of The Administrative And 
Management Structure To Be Used In Conducting the Reclamation Program. 
Figure 7, ``Organizational Chart of the Oklahoma Conservation 
Commission'', is replaced with a new chart dated July 1, 1995. 
Supplemental charts are included which depict the various sub-parts of 
the Conservation Commission. The subsection entitled ``State Agencies 
Which May Become Involved in the State Reclamation Program'' is 
replaced with a new list of agencies. Figure 8, ``Organization Chart of 
the Oklahoma Executive Branch'', is deleted. This chart is not required 
by Federal regulations.
    There is no direct counterpart Federal regulation. However, a 
description of the organization of the designated agency and its 
relation ship to other State organizations or officials is required by 
30 CFR 884.13(d)(1). The Director finds this revised section meets this 
Federal requirement, and he is approving it.

IV. Summary Disposition of Comments

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 speak at a 
public hearing, no hearing was held.

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 Oklahoma plan 
(Administrative Record No. OAML-64 and OAML-70). The U.S. Department of 
Interior, Bureau of Mines, the U.S. Environmental Protection Agency, 
the U.S. Army Corps of Engineers, and the Oklahoma Historical Society 
responded with expressions of ``no comment'' (Administrative Record 
Nos. OAML-66, OAML-67, OAML-73, OAML-74, and OAML-75). No other 
comments were received.

V. Director's Decision

    Based on the above findings, the Director approves the proposed 
amendment as submitted by Oklahoma on November 13, 1995 and revised on 
March 21, 1996.
    The Director is taking this opportunity to correct the date of 
program approval from July 20, 1981, to January 21, 1982, at 30 CFR 
936.20, Approval of Oklahoma Abandoned Mine Land Reclamation Plan, and 
to add the date a previous amendment was approved on July 20, 1990, at 
30 CFR 936.25, Approval of Abandoned Mine Land Reclamation Plan 
Amendments.
    The Federal regulations at 30 CFR Part 936, codifying decisions 
concerning the Oklahoma 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

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 12988

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 (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 and Tribal abandoned mine land reclamation plans and revisions 
thereof since each such plan is drafted and promulgated by a specific 
State or Tribe, not by OSM. Decisions on proposed 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 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

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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 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.

Unfunded Mandates

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 936

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: May 8, 1996.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating 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 936--OKLAHOMA

    1. The authority citation for Part 936 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.

    2. Section 936.20 is revised to read as follows:


Sec. 936.20  Approval of Oklahoma abandoned mine land reclamation plan.

    The Oklahoma Abandoned Mine Land Reclamation Plan, as submitted on 
July 30, 1981, is approved effective January 21, 1982 (47 FR 2989-2991, 
January 21, 1982). Copies of the approved Plan and Amendments are 
available at:

Office of Surface Mining Reclamation and Enforcement, Tulsa Field 
Office, 5100 E. Skelly Drive, Suite 470, Tulsa, OK 74135
Oklahoma Conservation Commission, 2800 N. Lincoln Blvd., Suite 160, 
Oklahoma 73505

    3. Section 936.25 is added to read as follows:


Sec. 936.25  Approval of Abandoned Mine Land Reclamation Plan 
Amendments.

    (a) The proposed amendment pertaining to the Oklahoma abandoned 
mine land reclamation plan, as submitted to OSM on August 24, 1989, is 
approved effective July 20, 1990.
    (b) The proposed amendment pertaining to the Oklahoma abandoned 
mine land reclamation plan, as submitted to OSM on November 13, 1995, 
and revised on March 21, 1996, is approved effective May 28, 1996.

[FR Doc. 96-13262 Filed 5-24-96; 8:45 am]
BILLING CODE 4310-05-M