[Federal Register Volume 62, Number 240 (Monday, December 15, 1997)]
[Proposed Rules]
[Pages 65632-65634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32599]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 936

[SPATS No. OK-023-FOR]


Oklahoma 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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[[Page 65633]]

SUMMARY: OSM is announcing receipt of 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), 30 U.S.C. 1201 et seq., as amended. 
The proposed amendment pertains to a formal request by the Oklahoma 
Conservation Commission (OCC) to assume responsibility of the abandoned 
mine land reclamation (AMLR) emergency program in Oklahoma. The 
proposed amendment is intended to provide information to verify that 
Oklahoma has the authority under its existing plan to conduct the AMLR 
emergency program on behalf of OSM.
    This notice sets forth the times and locations that the Oklahoma 
plan and the proposed amendment to that plan will be 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.s.t., January 
14, 1998. If requested, a public hearing on the proposed amendment will 
be held on January 9, 1998. Requests to speak at the hearing must be 
received by 4:00 p.m., c.s.t. on December 30, 1997.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Michael C. Wolfrom, Director, Tulsa 
Field Office at the address listed below.
    Copies of the Oklahoma plan, 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 Tulsa Field Office.

Michael C. Wolfrom, 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:
Michael C. Wolfrom, Director, Tulsa Field Office, Telephone: (918) 581-
6430.

SUPPLEMENTARY INFORMATION:

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 program amendments can be found 
at 30 CFR 936.25.

II. Description of the Proposed Amendment

    Section 410 of SMCRA authorizes the Secretary to use funds under 
the AMLR program to abate or control emergency situations in which 
adverse effects of past coal mining pose an immediate danger to the 
public health, safety, or general welfare. On September 29, 1982 (47 FR 
42729), OSM invited States to amend their AMLR plans for the purpose of 
undertaking emergency reclamation programs on behalf of OSM. States 
would have to demonstrate that they have the statutory authority to 
undertake emergencies, the technical capability to design and supervise 
the emergency work, and the administrative mechanisms to quickly 
respond to emergencies either directly or through contractors.
    By letter dated November 3, 1997 (Administrative Record No. OAML-
77), Oklahoma submitted a proposed amendment to its plan pursuant to 
SMCRA. Oklahoma submitted the proposed amendment at its own initiative. 
This amendment is intended to demonstrate Oklahoma's capability to 
effectively perform the AMLR emergency program on behalf of OSM. A 
brief discussion of the proposed amendment is presented below.
    A. The proposed amendment would allow Oklahoma to assume the 
administration of the AMLR emergency program in Oklahoma on behalf of 
OSM. In its formal submittal, Oklahoma stated that in 1982, as part of 
its approved State Abandoned Mine Land Program, the OCC incorporated 
the necessary language to assume responsibility of the AMLR emergency 
program at a later date. The following information, taken from the 
approved Oklahoma plan, was included in Oklahoma's formal submission to 
OSM to verify that the authority already exists for the OCC to assume 
AMLR emergency program responsibilities:
    1. A letter from the Governor that designates the OCC as the agency 
responsible for the Abandoned Mine Land Reclamation Program in 
Oklahoma.
    2. A legal opinion from the Attorney General that the OCC has the 
power to administer the Abandoned Mine Land Reclamation Program in 
Oklahoma.
    3. A copy of the Oklahoma Abandoned Mine Reclamation Act (45 O.S., 
sections 740.1 through 940.7).
    Section 740.7(A) authorizes OCC to spend monies from the State 
Abandoned Mine Reclamation Fund for emergency restoration, reclamation, 
abatement, control or prevention of adverse effects of coal mining 
practices on eligible land if it finds that an emergency exists 
constituting a danger to the public health, safety or general welfare 
and no other person or agency will act expeditiously to restore, 
reclaim, abate, control or prevent the adverse effects of coal mining 
practices. Section 740.7(B) authorizes the OCC to enter on any land 
where an emergency exists and any other necessary access land to 
restore, reclaim, abate, control or prevent the adverse effects of coal 
mining practices and do all things necessary or expedient to protect 
the public health, safety or general welfare.
    4. A copy of the Oklahoma Abandoned Mine Land Reclamation Program 
(Oklahoma Administrative Code (OAC) 155:15-1-1 through 155:15-1-16).
    Oklahoma's regulation at OAC 155:15-1-8(e) provide procedures for 
emergency studies or reclamation.
    5. A copy of section 884.13(c)(6) of the Oklahoma plan concerning 
entry for emergency study and reclamation.
    6. A copy of section 884.13(e) of the Oklahoma plan concerning 
public participation in Oklahoma's AMLR program.
    B. After assuming the emergency program, Oklahoma would conduct 
investigations of potential emergency sites, and following OSM 
concurrence that emergency situations exist, perform remedial 
reclamation.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 884.15(a), OSM is 
seeking comments on whether the proposed amendment satisfies the 
applicable program 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

[[Page 65634]]

indicated under ``DATES'' or at locations other than the Tulsa Field 
Office 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.s.t. on December 30, 1997. The location and time of the hearing will 
be arranged with those persons requesting the hearing. 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. Any disabled 
individual who has need for a special accommodation to attend a public 
hearing should contact the individual listed under FOR FURTHER 
INFORMATION CONTACT.
    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 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 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 or 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 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

    OSM has determined and certifies pursuant to the Unfunded Mandates 
Reform Act (2 U.S.C. 1502 et seq.) that this rule will not impose a 
cost of $100 million or more in any given year on local, state, or 
tribal governments or private entities.

List of Subjects in 30 CFR Part 936

    Abandoned mine land reclamation, Intergovernmental relations, 
Surface mining, Underground mining.

    Dated: December 5, 1997.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 97-32599 Filed 12-12-97; 8:45 am]
BILLING CODE 4310-05-M