[Federal Register Volume 62, Number 107 (Wednesday, June 4, 1997)]
[Proposed Rules]
[Pages 30535-30540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14548]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 916

[SPATS No. KS-017-FOR]


Kansas Regulatory Program and Abandoned Mine Land Reclamation 
Plan

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

ACTION Proposed rule; public comment period and opportunity for public 
hearing.

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SUMMARY: OSM is announcing receipt of a proposed amendment to the 
Kansas program and Abandoned Mine Land Reclamation Plan (hereinafter 
the ``Kansas program'') under the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA). The proposed amendment consists of 
revisions to Kansas' regulations for its regulatory program and 
abandoned mine land reclamation plan pertaining to communications, 
petitions to initiate rulemaking, notice of citizen suits, preparation 
and submission of reports by the permittee, definitions, permit 
applications, administrative hearing procedures, civil penalties, 
permit review, permit revision, permit renewals, permit transfers, 
assignments, and sales, permit conditions, permit suspension or 
revocation, termination of jurisdiction, exemption for coal extraction 
incident to government-financed highway or other construction, 
exemption for coal extraction incidental to the extraction of other 
minerals, coal exploration, bonding procedures, performance standards, 
revegetation, interim performance standards, underground mining, small 
operator assistance program, lands unsuitable for surface mining, 
training, certification, and responsibilities of blasters and 
operators, employee financial interest, inspection and enforcement, 
eligible lands and water, reclamation project evaluation, consent to 
entry, liens, appraisals, contractor responsibility, exclusion of 
certain noncoal reclamation sites, and abandoned mine land reclamation 
plan reports. The amendment is intended to revise the Kansas program to 
be consistent with the corresponding Federal regulations.
    This document sets forth the times and locations that the Kansas 
program and proposed amendment to that program are available for public 
inspection, the comment period during which interested persons may 
submit written comments on the proposed amendment, and the procedures 
that will be followed regarding the public hearing, if one is 
requested.

DATES: Written comments must be received by 4:00 p.m., c.d.t., July 7, 
1997. If requested, a public hearing on the proposed amendment will be 
held on June 30, 1997. Requests to speak at the hearing must be 
received by 4:00 p.m., c.d.t. on June 19, 1997.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Russell W. Frum, Mid-Continent Regional 
Coordinating Center, at the address listed below.
    Copies of the Kansas program, the proposed amendment, a listing of 
any scheduled public hearings, 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 copy of 
the proposed amendment by contacting OSM's Mid-Continent Regional 
Coordinating Center.
    Russell W. Frum, Mid-Continent Regional Coordinating Center, Office 
of Surface Mining Reclamation and Enforcement, Alton Federal Building, 
501 Belle Street, Alton, Illinois, 62002, Telephone: (618) 463-6460.
    Kansas Department of Health and Environment, Surface Mining 
Section, 4033 Parkview Drive, Frontenac, Kansas 66763, Telephone (316) 
231-8540.

FOR FURTHER INFORMATION CONTACT: Russell W. Frum, Mid-Continent

[[Page 30536]]

Regional Coordinating Center, Telephone: (618) 463-6460.

SUPPLEMENTARY INFORMATION:

I. Background on the Kansas Program

    On January 21, 1981, the Secretary of the Interior conditionally 
approved the Kansas program. Background information on the Kansas 
program, including the Secretary's findings, the disposition of 
comments, and the conditions of approval can be found in the January 
21, 1981, Federal Register (46 FR 5892). Subsequent actions concerning 
the Kansas program can be found at 30 CFR 916.10, 916.12, 916.15, and 
916.16.

II. Description of the Proposed Amendment

    By letter dated May 7, 1997 (Administrative Record No. KS-615), 
Kansas submitted a proposed amendment to its program pursuant to SMCRA. 
Kansas submitted the proposed amendment in response to letters dated 
May 20, 1996, and January 6, 1997 (Administrative Record Nos. KS-608 
and KS-612, respectively), that OSM sent to Kansas in accordance with 
30 CFR 732.17(c), in response to a letter dated September 26, 1994 
(Administrative Record No. AML-KS-169), that OSM sent to Kansas in 
accordance with 30 CFR 884.25(b), and at its own initiative. Kansas 
proposes to amend the Kansas Administrative Regulations (K.A.R.). The 
full text of the proposed program amendment submitted by Kansas is 
available for public inspection at the locations listed above under 
ADDRESSES. A brief discussion of the proposed amendment is presented 
below.

A. Kansas Regulatory Program

1. Regulations Proposed for Revocation or Deletion
    Kansas proposes to revoke or delete the following sections of the 
K.A.R.: 47-1-1, title of rules; 47-1-4, sessions; 47-1-10, general 
notice requirement; 47-2-14, definition of complete and accurate 
application; 47-4-14, public hearings; 47-4-14a(b)(2), definition of 
person; and 47-4-14a (d)(4)(G), (d)(5)(B)(i), (d)(17)(C), formal 
hearings;
2. Regulations with Editorial Changes
    Kansas proposes minor wording changes, paragraph notation changes, 
citation corrections, and other editorial changes in the following 
sections of the K.A.R.: 47-1-3, communication; 47-1-8, petitions to 
initiate rulemaking; 47-1-9, notice of citizen suits, 47-1-11, 
permittee preparation and submission of reports; 47-2-21, definition of 
employee; 47-2-53, definition of regulatory authority or state 
regulator authority; 47-2-53a, definition of regulatory program; 47-2-
58, definition of significant, imminent, environmental harm to land, 
air or water resources; 47-2-64, definition of state act; 47-2-67, 
definition of surety bond; 47-2-74, definition of public road; 47-3-1, 
application for mining permit; 47-3-3a, permit application maps; 47-3-
42, application for mining permit; 47-4-14a(a)(2), administrative 
hearing procedure; 47-4-14a(b), definition of party; 47-4-14a(c), rules 
of procedure; 47-4-14a(d), formal hearings; 47-4-15, administrative 
hearings--discovery; 47-4-16, interim orders for temporary relief; 47-
4-17, administrative hearings--award of costs; 47-5-5a, civil 
penalties; 47-5-16, final assessment and payment of civil penalty; 47-
6-1, permit review; 47-6-2, permit revision; 47-6-3, permit renewals; 
47-6-4, permit transfers, assignments, and sales; 47-6-6, permit 
conditions; 47-6-7, permit suspension or revocation; 47-6-9, exemption 
for coal extraction incident to government-financed highway or other 
construction; 47-6-10, exemption for coal extraction incidental to the 
extraction of other minerals; 47-7-2, coal exploration; 47-8-9, bonding 
procedures; 47-8-11, use of forfeited bond funds; 47-9-1, performance 
standards; 47-9-2, revegetation; 47-9-4, interim performance standards; 
47-10-1, underground mining; 47-11-8, small operator assistance 
program; 47-12-4, lands unsuitable for surface mining; 47-13-4, 
training, certification, and responsibilities of blasters and 
operators; 47-13-5, responsibilities of operators and blasters-in-
charge; 47-13-6, training; 47-14-7, employee financial interests; 47-
15-1a, inspection and enforcement; 47-15-3, lack of information--
inability to comply; 47-15-4, injunctive relief; 47-15-7, state 
inspections; 47-15-8, citizen's requests for state inspections; 47-15-
15, service of notices of violations and cessation orders; and 47-15-
17, maintenance of permit areas. Substantive revisions included in 
these regulations are summarized below.
3. K.A.R. 47-2-75, Definitions
    a. Kansas proposes to revise its adoption by reference of 
applicable Federal definitions contained in 30 CFR 700.5, 701.5, 705.5, 
773.5, and 846.5 from as they existed on July 1, 1990, to as they 
existed on July 1, 1995.
    b. Kansas proposes to revise its definition of director at K.A.R. 
47-2-75(a)(5) [was 47-2-75(a)(6)] by referencing additional sections of 
the Federal regulations for which the term ``director'' means the 
Director, Office of Surface Mining, Reclamation, and Enforcement. The 
additional referenced sections are 30 CFR 705.4(a), 705.11(c) and (d), 
705.13, 705.15, 705.19(a), and 705.21.
    c. At K.A.R. 47-2-75(e)(6), Kansas proposes to revise its adoption 
by reference of 30 CFR 846.5 by specifying that the reference to 
``Section 703 of the act'' shall be replaced by ``K.S.A. 1995 Supp. 75-
2973.''
4. K.A.R. 47-3-2(b), Application for Mining Permit
    At K.A.R. 47-3-2(b), Kansas proposes to revise its adoption by 
reference of applicable Federal regulations concerning permit 
applications at 30 CFR 777.11, 777.13, 777.14, and 777.15 from as they 
existed on July 1, 1990, to as they existed on July 1, 1995.
5. K.A.R. 47-3-42, Application for Mining Permit
    a. At K.A.R. 47-3-42(a), Kansas proposes to revise its adoption by 
reference of applicable Federal regulations concerning permit 
applications at 30 CFR Parts 773, 778, 779, 780, and 785 from as they 
existed on July 1, 1990, to as they existed on July 1, 1995.
    b. At K.A.R. 47-3-42(a)(2), in its adoption by reference of 30 CFR 
778.14, Kansas proposes to specify that the term ``act'' shall mean 
``the surface mining control and reclamation act of 1977 (Pub. L. 95-
87)'' and amendments thereto.
    c. At K.A.R. 47-3-42(a)(15), Kansas proposes to remove its adoption 
by reference of 30 CFR 779.22, land-use information.
    d. At K.A.R. 47-3-42(a)(17), Kansas proposes to adopt by reference 
30 CFR 780.4.
    e. At K.A.R. 47-3-42(a)(43), Kansas proposes to add a clarifying 
statement to its adoption by reference of 30 CFR 773.15. The statement 
reads as follows:

    Only in paragraph 30 CFR 773.15(b) shall the term ``act'' mean 
``surface mining control and reclamation act of 1977 (Pub. L. 95-
87)'' and amendments thereto. All other references to the term 
``act'' in 30 CFR 773.15 shall be replaced with ``state act.''

    f. AT K.A.R. 47-3-42(a)(45), Kansas proposes to add a clarifying 
statement to its adoption by reference of 30 CFR 773.20. The statement 
reads as follows:

except in subsection (c)(2) ``43 CFR 4.1370 through 4.1377, where 
OSM is the regulatory author, or under the State program equivalent, 
where a state is the regulatory authority'' shall be replaced by 
``K.A.R. 47-4-14a''


[[Page 30537]]


    g. At K.A.R. 47-3-42(a)(47), Kansas proposes to adopt 30 CFR 773.22 
by reference.
    h. At K.A.R. 47-3-42(a)(48), Kansas proposes to adopt 30 CFR 773.23 
by reference.
    i. At K.A.R. 47-3-42(a)(49), Kansas proposes to adopt 3 CFR 773.24 
by reference with exceptions that replace certain Federal Terms and 
citations with the appropriate State terms and citations and by 
providing the State address where an individual may submit information 
on a challenge of the status of a State violation.
    j. At K.A.R. 47-3-42(a)(50), Kansas proposes to adopt 30 CFR 773.25 
by reference with exceptions that replace certain Federal terms and 
citations with the appropriate State terms and citations. Kansas is 
also proposing to replace 30 CFR 773.25(b) with K.A.R. 47-3-
42(a)(50)(B) which authorizes the secretary of the Kansas Department of 
Health and Environment or his designee to make decisions concerning 
ownership or control relationships within Kansas' coal mining 
applications, issued permits, and state violations.
6. K.A.R. 47-4-14a, Administrative Hearing Procedures
    a. At K.A.R. 47-4-14a(c)(2), Kansas proposes to change the 
information on where to file administrative hearing documents. All 
documents are to be filed with the administrative appeals section of 
the Kansas Department of Health and Environment, suite 400D, 109 SW 
9th, Topeka, Kansas 66612-1215.
    b. At K.A.R. 47-4-14a(d)(2)(D), concerning disqualification of a 
presiding officer, Kansas proposes to add a new provision that reads as 
follows:

    In the event that the presiding officer fails to grant a 
petition for disqualification, the petitioning party may file an 
affidavit of personal bias or disqualification with substantiating 
facts, and the matter of disqualification shall be determined by the 
secretary.

    c. At K.A.R. 47-4-14a(d)(6)(E)(iv), Kansas proposes to add a 
provision that requires notice of a formal hearing to be posted at the 
surface mining section office and, where practicable, be published in a 
newspaper of general circulation in the area of the mine at least seven 
days prior to the hearing.
    d. At K.A.R. 47-4-14a(d)(15), Kansas proposes to allow the 
presiding officer or secretary or secretary's designee to take action 
on a petition for stay either before or after the effective date of an 
initial or final order.
7. K.A.R. 47-4-15, Administrative Hearings--Discovery
At K.A.R. 47-4-15, Kansas proposes to add an introductory statement 
regarding discovery in administrative hearings: ``Discovery shall be 
permitted to the extent allowed by the presiding officer or as agreed 
to by the parties.''
8. K.A.R. 47-5-5a, Civil Penalties
    a. At K.A.R. 47-5-5a(a), Kansas proposes to revise its adoption by 
reference of applicable Federal regulations concerning civil penalties 
at 30 CFR 845.11, 845.12, 845.13, 845.14, 845.15, 845.16, 845.17, 
845.18, 845.19, and Part 846 from as they existed on July 1, 1990, to 
as they existed on July 1, 1995.
    b. At K.A.R. 45-5-5a(a)(10), Kansas proposes exceptions to its 
adoption of 30 CFR Part 846 by replacing certain Federal terms and 
citations with the appropriate State terms and citations. Kansas also 
proposes to adopt by reference 30 CFR 870.15(e)(1)-(5), (f), and (g) as 
they relate to 30 CFR 846.18(d) with the exception of the sentence in 
paragraph (f) that specifies that ``[t]his penalty is in addition to 
the interest described in paragraph (c) of this section.''
    c. At K.A.R. 47-5-5a(b)(13) through (20), Kansas proposes to add 
more State terms that will replace specified Federal terms wherever 
they appear in the text of the Federal regulations, concerning civil 
penalties, adopted by reference under K.A.R. 47-5-5a(a).
    d. Kansas proposes to revise K.A.R. 47-5-5a(c)(5), concerning the 
burden of proof in civil penalty proceedings, by requiring that the 
department have the burden of going forward to establish a prima facie 
case as to the fact of the violation, the amount of the civil penalty, 
and the ultimate burden of persuasion as to the amount of the civil 
penalty and that the person who petitioned for review have the ultimate 
burden of persuasion as to the fact of the violation.
    e. Kansas proposes to revise K.A.R. 47-5-5a(c)97)(C), concerning 
the initial order of the presiding officer, by requiring the presiding 
officer to order the department to remit the appropriate amount to the 
person who made the payment within 30 days of receipt of the order 
finding no violation or reducing the penalty paid.
    f. Kansas proposes to revise K.A.R. 47-5-5a(c)(7)(D) by requiring 
that if the presiding officer increases the amount of the civil penalty 
above that of the proposed assessment, the presiding officer is to 
order payment of the appropriate amount within 15 days after an order 
increasing the civil penalty if mailed.
9. K.A.R. 47-6-3, Permit Renewals
    At K.A.R. 47-6-3(a), Kansas proposes to revise its adoption by 
reference of 30 CFR 774.15, concerning permit renewals, from as they 
existed on July 1, 1990, to as they existed on July 1, 1995.
10. K.A.R. 47-6-4, Permit Transfers, Assignments, and Sales
    At K.A.R. 47-6-4(b), Kansas proposes to revise its adoption by 
reference of 30 CFR 774.17, concerning transfer, assignments, or sale 
of permit rights, from as they existed on July 1, 1990, to as they 
existed on July 1, 1995.
11. K.A.R. 47-6-6, Permit Conditions
    At K.A.R. 47-6-6(a), Kansas proposes to revise its adoption by 
reference of 30 CFR 773.17, concerning permit conditions, from as they 
existed on July 1, 1990, to as they existed on July 1, 1995.
12. K.A.R. 47-6-7, Permit Suspension or Revocation
    Kansas proposes to revise K.A.R. 47-6-7(h)(1) by requiring a party 
to file a notice of appeal of an initial order in a suspension or 
revocation proceeding with the secretary within 15 days after receipt 
of the order.
13. K.A.R. 47-6-9, Exemption for Coal Extraction Incident to 
Government-Financed Highway or Other Construction
    At K.A.R. 47-6-9(a), Kansas proposes to revise its adoption by 
reference of the Federal regulations at 30 CFR 707.4, 707.5, 707.11, 
and 707.12 from as they existed on July 1, 1990, to as they existed on 
July 1, 1995.
14. K.A.R. 47-6-10, Exemption for Coal Extraction Incidental to the 
Extraction of Other Minerals
    At K.A.R. 47-6-10(a), Kansas proposes to revise its adoption by 
reference of the Federal regulations at 30 CFR 702.1, 702.5, 702.10, 
702.11, 702.12, 702.13, 702.14, 702.15, 702.16, 702.17, and 702.18 from 
as they existed on July 1, 1990, to as they existed on July 1, 1995.
15. K.A.R. 47-7-2, Coal Exploration
    At K.A.R. 47-7-2(a), Kansas proposes to revise its adoption by 
reference of the Federal regulations 30 CFR 772.11, 772.12, 772.13, 
772.14, and 772.15 from as they existed on July 1, 1990, to as they 
existed on July 1, 1995.

[[Page 30538]]

16. K.A.R. 47-8-9, Bonding Procedures
    At K.A.R. 47-8-9(a), Kansas proposes to revise its adoption by 
reference of the Federal regulations 30 CFR 800.4, 800.5, 800.11, 
800.12, 800.13, 800.14, 800.15, 800.16, 800.17, 800.20, 800.21, 800.30, 
800.40, 800.50, and 800.60 from as they existed on July 1, 1990, to as 
they existed on July 1, 1995.
17. K.A.R. 47-9-1, Performance Standards
    a. At K.A.R. 47-9-1(a), Kansas proposes to revise its adoption by 
reference of applicable Federal regulations 30 CFR 810 from as they 
existed on July 1, 1990, to as they existed on July 1, 1995. At K.A.R. 
47-9-1(a)(3), Kansas proposes to add an exception to the adoption of 30 
CFR 810.11: the reference to ``parts 815 through 828'' shall be 
replaced by their counterpart in K.A.R. 47-9-1. Kansas also proposes to 
add exceptions at new subsection (a)(5): the phrases ``every state 
program'' and ``the applicable regulatory program'' shall be replaced 
by ``the regulatory program.''
    b. At K.A.R. 47-9-1(b), Kansas proposes to revise its adoption by 
reference of applicable Federal regulations 30 CFR Part 815 from as 
they existed on July 1, 1990, to as they existed on July 1, 1995.
    c. K.A.R. 47-9-1(c), Surface Coal Mining Performance Standards. (1) 
At K.A.R. 47-9-1(c), Kansas proposes to revise its adoption by 
reference of applicable Federal regulations 30 CFR 816 from as they 
existed on July 1, 1990, to as they existed on July 1, 1995.
    (2) Kansas proposes an exception to its adoption of 30 CFR 816.61 
at subsection (c)(17): the term ``subchapter'' shall not be replaced by 
K.A.R. 47-9-1(c), and everything but the statement ``all blasting 
operations shall be conducted under the direction of a certified 
blaster'' shall be deleted from 30 CFR 816.61(c)(1).
    (3) Kansas proposes to delete the existing language in subsection 
(c)(35) and to add new subsection (c)(35) to adopt 30 CFR 816.101, 
backfilling and grading time and distance requirements, by reference. 
The rest of the paragraphs in subsection (c) were renumbered to reflect 
this addition.
    (4) Kansas proposes to add its adoption by reference of 30 CFR 
816.102 to new subsection (c)(36) with an exception: subsections 
(k)(3)(i) and (ii) of 30 CFR 816.102 are deleted.
    (5) At redesignated subsection (c)(43), Kansas proposes to remove 
previously approved exceptions to its adoption by reference of 30 CFR 
816.116. These exceptions are deletion of editorial note ``3'' and 
specific language in 30 CFR 816.116(c)(2).
    (6) Kansas also proposes to add additional requirements at 
subsection (c)(43) in its adoption by reference of 30 CFR 816.116(a) 
and (c)(4).
    Subsection (a)(3) is added specifying that the data being used for 
bond release shall be submitted to the department annually. The data is 
to include information for the last augmented seeding, which shall 
start the extended liability period. The planting reports, including 
soil tests, are to be submitted by March 31, of the year following the 
year in which the soil tests were performed. The production and ground 
cover data are to be submitted within 30 days of the date that the 
production and ground cover were sampled. Ground cover shall include 
species identification. Raw field data may be submitted to fulfill this 
requirement. The tabulated results shall then be submitted by March 31 
of the following year. All data shall be clearly identified as to the 
bond release management area that it represents.
    Subsection (c)(4)(i) is revised to add language concerning normal 
husbandry practices: The normal husbandry practices used to repair 
gullies shall be approved in advance by the United States Department of 
the Interior, Office of Surface Mining Reclamation and Enforcement.
    (7) In its adoption of 30 CFR 816.133, postmininig land use, at 
K.A.R. 47-9-1(c)(46), Kansas proposes to delete subsection (d).
    (8) At K.A.R. 47-1-9(d)(3), Kansas proposes to delete 30 CFR 
816.107, steep slope backfilling and grading, from its adoption by 
reference of 30 CFR 816.116.
    e. K.A.R. 47-1-9(e), Underground Mining Performance Standards. (1) 
At K.A.R. 47-9-1(e), Kansas proposes to revise its adoption by 
reference of applicable Federal regulations at 30 CFR Part 817 from as 
they existed on July 1, 1990, to as they existed on July 1, 1995.
    (2) Kansas proposes an exception to its adoption of 30 CFR 817.61 
at K.A.R. 47-1-9(e)(17): the term ``subchapter'' shall not be replaced 
by K.A.R. 47-9-1(d), and everything but the statement ``all blasting 
operations shall be conducted under the direction of a certified 
blaster'' shall be deleted from 30 CFR 817.61(c)(1).
    (3) Kansas also proposes to add additional requirements at K.A.R. 
47-9-1(e)(39) in its adoption by reference of 30 CFR 817.116(a). 
Subsection (a)(3) is added specifying that the data being used for bond 
release shall be submitted to the department annually. The data is to 
include information for the last augmented seeding, which shall start 
the extended liability period. The planting reports, including soil 
tests, are to be submitted by March 31, of the year following the year 
in which the soil tests were performed. The production and ground water 
cover data are to be submitted within 30 days of the date that the 
production and ground cover were sampled. Ground cover shall include 
species identification. Raw field data may be submitted to fulfill this 
requirement. The tabulated results shall then be submitted by March 31 
of the following year. All data shall be clearly identified as to the 
bond release management area that it represents.
    (4) In its adoption of 30 CFR 817.133, postmining land use, at 
K.A.R. 47-9-1(e)(44), Kansas proposes to delete subsection (d).
    f. K.A.R. 47-9-1(f), Auger Mining Performance Standards. At K.A.R. 
47-9-1(f), Kansas proposes to revise its adoption by reference of 
applicable Federal regulations at 30 CFR Part 819 from as they existed 
on July 1, 1990, to as they existed on July 1, 1995.
    g. K.A.R. 47-9-1(g), Prime Farmland Special Performance Standards. 
At K.A.R. 47-9-1(g), Kansas proposes to revise its adoption by 
reference of applicable Federal regulations at 30 CFR Part 823 from as 
they existed on July 1, 1990, to as they existed on July 1, 1995.
    h. K.A.R. 47-9-1(h), Coal Preparation Plants not Located within the 
Permit Area of a Mine Performance Standards. At K.A.R. 47-9-1(h), 
Kansas proposes to revise its adoption by reference of applicable 
Federal regulations at 30 CFR Part 827 from as they existed on July 1, 
1990, to as they existed on July 1, 1995.
    i. K.A.R. 47-9-1(i), In Situ Processing Special Performance 
Standards. At K.A.R. 47-9-1(i), Kansas proposes to revise its adoption 
by reference of applicable Federal regulations at 30 CFR Part 828 from 
as they existed on July 1, 1990, to as they existed on July 1, 1995.
    j. At. K.A.R. 47-9-1(j), Kansas revised its list of terms that 
replaces terms in the Federal regulations adopted by reference under 
K.A.R. 47-9-1. At subsection (j)(8), any reference to ``Part 816'' is 
replaced by ``K.A.R. 47-9-1(c).'' At subsection (j)(9), any reference 
to ``Part 817'' is replaced by ``K.A.R. 47-9-1(d).''
18. K.A.R. 47-9-4, Interim Performance Standards
    At K.A.R. 47-9-4(a), Kansas proposes to revise its adoption by 
reference of applicable Federal regulations at 30 CFR Parts 710, 715, 
and 716 from as they existed on July 1, 1990, to as they existed on 
July 1, 1995.

[[Page 30539]]

19. K.A.R. 47-10-1, Underground Mining
    At K.A.R. 47-10-1(a), Kansas proposes to revise its adoption by 
reference of applicable Federal regulations at 30 CFR Parts 783 and 784 
from as they existed on July 1, 1990, to as they existed on July 1, 
1995. Kansas further proposes to last the actual Federal regulation 
sections adopted rather than listing the sections not included in its 
adoption by reference of 30 CFR Parts 783 and 784.
20. K.A.R. 47-11-8, Small Operator Assistance Program
    At K.A.R. 47-11-8(a), Kansas proposes to revise its adoption by 
reference of applicable Federal regulations at 30 CFR Part 795 from as 
they existed on July 1, 1990, to as they existed on July 1, 1995.
21. K.A.R. 47-12-4, Lands Unsuitable for Surface Mining
    a. At K.A.R. 47-12-4(a), Kansas proposes to revise its adoption by 
reference of applicable Federal regulations at 30 CFR Parts 761, 762, 
and 764 from as they existed on July 1, 1990, to as they existed on 
July 1, 1995.
    b. Kansas proposes to revise K.A.R. 47-12-4(a)(6), which adopts 30 
CFR 762.12 by reference, by specifying that the term ``secretary'' 
shall mean the ``secretary of the United States Department of 
Interior.''
22. K.A.R. 47-13-4, Training, Certification, and Responsibilities of 
Blasters and Operators
    a. At K.A.R. 47-13-4(a), Kansas proposes to revise its adoption by 
reference of applicable Federal regulations at 30 CFR Part 850 from as 
they existed on July 1, 1990, to as they existed on July 1, 1995.
    b. Kansas proposes to remove existing K.A.R. 47-13-4(b)(2) and (3) 
and to renumber paragraphs (b)(4) through (6) as (b)(2) through (3).
23. K.A.R. 47-14-7, Employee Financial Interests
    At K.A.R. 47-14-7(a), Kansas proposes to revise its adoption by 
reference of applicable Federal regulations at 30 CFR Part 705 from as 
they existed on July 1, 1990, to as they existed on July 1, 1995.
24. K.A.R. 47-15-1a, Inspection and Enforcement
    a. At K.A.R. 47-15-1a(a), Kansas proposes to revise its adoption by 
reference of applicable Federal regulations at 30 CFR Parts 840, 842, 
and 843 from as they existed on July 1, 1990, to as they existed on 
July 1, 1995.
    b. K.A.R. 47-15-1a(b), Kansas revised its list of terms that 
replaces terms in the Federal regulations adopted by reference under 
K.A.R. 47-15-1a by adding paragraphs (b)(20) and (b)(21). Paragraph 
(b)(20) specifies that the term ``Director'' shall be replaced by 
``secretary,'' and paragraph (b)(21) specifies that the reference to 
``30 CFR 843.15(e)'' shall be replaced by ``An informal public hearing 
shall be conducted in accordance with K.A.R. 47-4-14a.''

B. Kansas Abandoned Mine Land Reclamation Plan

1. Regulations with Editorial Changes
    Kansas proposes minor working changes, paragraph notation changes, 
citation corrections, and other editorial changes in the following 
sections of the K.A.R.: 47-16-1, eligible lands and water; 47-16-2, 
reclamation project evaluation; 47-16-3, consent to entry; 47-16-4, 
entry for study or exploration; 47-16-5, entry and consent to reclaim; 
47-16-6, liens; 47-16-7, appraisals; and 47-16-8, satisfaction of 
liens. Substantive revisions included in these regulations are 
summarized below.
2. K.A.R. 47-16-5, Entry and Consent to Reclaim
    Kansas proposes to revise K.A.R. 47-16-5(b)(1) to read as follows:

    (1) Before entry a written finding shall be made by the 
Secretary with reasons supporting the following conclusions: (A) an 
emergency exists constituting a danger to the public health, safety, 
or general welfare; and (B) no other person or agency will act 
expeditiously to restore, reclaim, abate, control, or prevent the 
adverse effects of coal mining practices.
3. K.A.R. 47-16-9, Contractor Responsibility
    Kansas proposes to add a new section that requires each successful 
bidder for an abandoned mine land reclamation project contract to be 
eligible under 30 CFR 772.15(b)(1), as adopted by reference in K.A.R. 
47-3-42(a)(44), at the time of contract award to receive permit or 
conditional permit to conduct surface coal mining operations
4. K.A.R. 47-16-10, Exclusion of Certain Noncoal Reclamation Sites
    Kansas proposes to add a new section which excludes certain 
nonncoal sites from being reclaimed with money from the abandoned mine 
land funds and which specifies contractor eligibility requirements for 
reclamation of noncoal sites.
    K.A.R. 47-16-10(a)(1) excludes the reclamation of sites and areas 
designated for remedial action pursuant to the Uranium Mill Tailings 
Radiation Control Act of 1978, K.A.R. 47-16-10(a)(2) excludes sites 
listed for remedial action pursuant to the Comprehensive Environmental 
Response Compensation and Liability Act of 1980.
    K.A.R. 47-16-10(b)(1) requires that each successful bidder for an 
abandoned mine land reclamation project contract for noncoal 
reclamation to be eligible under 30 CFR 773.15(b)(1), as adopted by 
reference in K.A.R. 47-3-42(a)(44), at the time of contract award to 
receive a permit or conditional permit to conduct surface coal mining 
operations.
    K.A.R. 47-16-10(b)(2) requires that bidder eligibility for each 
contract be confirmed by the Office of Surfaced Mining's automated 
applicant violator system.
5. K.A.R. 47-16-11, Reports
    Kansas proposes a new section which specifies the reports that must 
be submitted to the Office of Surface Mining Reclamation and 
Enforcement on a semiannual and annual basis and upon project 
completion.
    K.A.R. 47-16-11(a) requires Kansas to submit semiannually a 
financial status report, form SF-269, for the department's 
administrative grant and/or cooperative agreement; a performance 
report, form OSM-51, covering the performance aspect of the grant and/
or cooperative agreement; an outlay report and request for 
reimbursement for construction programs, form SF-271, and a performance 
report, form OSM-51, for each activity or project on which some work as 
occurred.
    K.A.R. 47-16-(b) requires Kansas to submit annually a financial 
status report, form SF-269, for the department's administrative grant 
and/or cooperate agreement; a final performance report, form OSM-51, 
covering the performance aspects of the grant and/or cooperative 
agreement; an annual outlay report and request for reimbursement for 
construction program, form SF-271; and a cumulative annual performance 
report, form OSM-51.
    K.A.R. 47-16-11(c) requires Kansas to submit form OSM-76 upon 
project completion to report the accomplishments achieved through the 
project.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is 
seeking comments on whether the proposed amendment satisfies the 
applicable program approval criteria of 30 CFR 732.15. If the amendment 
is deemed

[[Page 30540]]

adequate, it will become part of the Kansas program.

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 Mid-Continent Regional 
Coordinating Center will not necessarily be considered in the final 
rulemaking or included in the Administrative Record.

Public Hearing

    Persons wishing to speak at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., 
c.d.t. on June 19, 1997. The location and time of the hearing will be 
arranged with those persons requesting the hearing. Any disabled 
individuals who has need for a special accommodation to attend 
accommodation to attend a public hearing should contact the individual 
listed under FOR FURTHER INFORMATION CONTACT. If no one requests an 
opportunity to speak at the public hearing, the hearing will not be 
held.
    Filing of a written statement at the time of the hearing is 
requested as it will greatly assist the transcriber. Submission of 
written statements in advance of the hearing will allow OSM officials 
to prepare adequate responses and appropriate questions.
    The public hearing will continue on the specified date until all 
persons scheduled to speak have been heard. Persons in the audience who 
have not been scheduled to speak, and who wish to do so will be heard 
following those who have been scheduled. The hearing will end after all 
persons scheduled to speak and persons present in the audience who wish 
to speak have been heard.

Public Meeting

    If only one person requests an opportunity to speak at a hearing, a 
public meeting, rather than a public hearing, may be held. Persons 
wishing to meet with OSM representatives to discuss the proposed 
amendment may request a meeting by contacting the person listed under 
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the 
public and, if possible, notices of meetings will be posted at the 
locations listed under ADDRESSES. A written summary of each meeting 
will be made a part of the Administrative Record.

IV. 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 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 regulatory programs and program amendments since each such 
program is drafted and promulgated by a specific State, not by OSM. 
Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and 30 
CFR 730.11, 732.15, and 732.17(h)(10), decisions on proposed State 
regulatory programs and program amendments submitted by the States must 
be based solely on a determination of whether the submittal is 
consistent with SMCRA and its implementing Federal regulations and 
whether the other requirements of 30 CFR Parts 730, 731, and 732 have 
been met.

National Environmental Policy Act

    No environmental impact statement is required for this rule since 
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency 
decisions on proposed State regulatory program provisions do not 
constitute major Federal actions within the meaning of section 
102(2)(C) of the National Environmental Policy Act (42 U.S.C. 
4332(2)(C)).

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 
counterpart 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 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 for the counterpart 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 916

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: May 23, 1997.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 97-14548 Filed 6-3-97; 8:45 am]
BILLING CODE 4310-05-M