[Federal Register Volume 63, Number 65 (Monday, April 6, 1998)]
[Proposed Rules]
[Pages 16728-16730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8891]



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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 916

[SPATS No. KS-015-FOR]


Kansas Abandoned Mine Lane 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 abandoned mine land reclamation plan (hereinafter referred to as 
the ``Kansas plan'') under the Surface Mining Control and Reclamation 
Act of 1977 (SMCRA). The proposed amendment consists of revisions and 
additions to the Kansas plan pertaining to project ranking and 
selection procedures and purchasing and procurement systems. The 
amendment is intended to revise the Kansas plan to be consistent with 
the corresponding Federal regulations.

DATES: Written comments must be received by 4:00 p.m., c.d.t., May 6, 
1998. If requested, a pubic hearing on the proposed amendment will be 
held on May 1, 1998. Requests to speak at the hearing must be received 
by 4:00 p.m., c.d.t. on April 21, 1998.

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

SUPPLEMENTARY INFORMATION:

I. Background on the Kansas Plan

    Title IV of SMCRA established an Abandoned Mine Land Reclamation 
(AMLR) program for the purposes of reclaiming and restoring lands and 
water resources adversely affected by past mining. This program is 
funded by a reclamation fee imposed upon the production of coal. As 
enacted in 1977, lands and waters eligible for reclamation were those 
that were mined or affected by mining and abandoned or left in an 
inadequate reclamation status prior to August 3, 1977, and for which 
there was no continuing reclamation responsibility under State or 
Federal law. The AML Reclamation Act of 1990 (Pub. L. 101-508, Title 
VI, Subtitle A, Nov. 5, 1990, effective Oct. 1, 1991) amended SMCRA, 30 
U.S.C. 1231 et.seq., to provide changes in the eligibility of project 
sites for AML expenditures. Title IV of SMCRA now provides for 
reclamation of certain mine sites where the mining occurred after 
August 3, 1977. These include interim program sites where bond 
forfeiture proceeds were insufficient for adequate reclamation and 
sites affected any time between August 4, 1977, and November 5, 1990, 
for which there were insufficient funds for adequate reclamation due to 
the insolvency of the bond surety. Title IV provides that a State with 
an approved AMLR Plan has the responsibility and primary authority to 
implement the program.
    On February 1, 1982, the Secretary of the Interior conditionally 
approved the Kansas plan. Background information on the Kansas plan, 
including the Secretary's findings, the disposition of comments, and 
the approval of the plan can be found in the February 1, 1982, Federal 
Register (47 FR 4513). Deficiencies that resulted in the conditional 
approval were corrected by the State, and on June 3, 1983, all 
conditions of approval were removed by the Secretary, Federal Register 
(48 FR 24874). Subsequent actions concerning the conditions of approval 
and amendments to the plan can be found at 30 CFR 916.20 and 916.25.
    The Secretary adopted regulations at 30 CFR Part 884 that specify 
the content requirements of a State reclamation plan and the criteria 
for plan approval. The regulations provide that a State may submit to 
the Director proposed amendments or revisions to the approved 
reclamation plan. If the amendments or revisions change the scope of 
major policies followed by the State in the conduct of its reclamation 
program, the Director must follow the procedures set out in 30 CFR 
884.14 in approving or disapproving an amendment or revision.

II. Description of the Proposed Amendment

    By letter dated March 17, 1998 (Administrative Record No. AML-KS-
171), Kansas submitted a proposed amendment to its plan pursuant to 
SMCRA. Kansas submitted the proposed amendment in response to a 
September 24, 1994, letter (Administrative Record No. AML-KS-169) that 
OSM sent to Kansas in accordance with 30 CFR 884.15(d). The provisions 
of the Kansas plan proposed for revision are:
    A. Section 884.13(c)(2), Project Ranking and Selection Procedures. 
1. Kansas proposes to replace the reference to the Kansas Mined Land 
Conservation and Reclamation Board (MLCRB) with the Kansas Department 
of Health and Environment, Surface Mining Section (SMS).
    2. Kansas proposes to replace the reference to ``30 CFR 874.14'' 
with the ``Office of Surface Mining, Abandoned Mine Land Reclamation 
Program Guidelines.''
    3. Kansas proposes to revise the process for selecting sites for 
reclamation from four steps to three steps.
    a. In the first step, Identification and Establishment of 
Reclamation Priority Problem Areas, Kansas proposes the following:
    i. To change the number of priority categories from ten to five as 
listed in the Office of Surface Mining, Abandoned Mine Land Inventory 
Manual,
    ii. To use site conditions to identify problem areas that will fit 
into these categories. The results of the evaluation of all site 
hazards and conditions on a problem area will be used to complete a 
Problem Area Ranking Matrix.
    b. In step two, Eligibility Determination, Kansas proposes to 
remove item 3, and to change its reference to ``Soil Conservation 
Service'' to ``Natural Resources Conservation Service.''
    c. In step three, Project Selection, Kansas proposes:
    i. To delete item 3. (vii), and the last sentence in item 2.,
    ii. To delete the language in item 4. and replace it with the 
following: ``Reclamation can be carried out in a manner that minimizes 
maintenance to achieve a self-sustaining reclamation solution.,''

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    iii. To delete the language in item 6. and replace it with the 
following: ``The probability that remining or developing the site will 
abate the adverse effects of past mining on the site. If offsite 
adverse impacts from the affected area so severe as to cause 
significant danger to public health and safety or to the environment if 
not abated before the remining takes place.,''
    iv. To add new item 9. to read, ``Reclamation activities can be 
planned in a manner that is cost effective and compatible with the 
proposed post reclamation land use as intended by the landowner(s).,''
    v. To delete the unnumbered paragraph immediately following item 8 
that reads:

    The results of the evaluation of each factor of a proposed 
reclamation site will be utilized to complete a PROJECT EVALUATION 
MATRIX shown in Figure 2. Each parameter will be numerically scored 
according to its degree of impact and the score will then be 
adjusted by a standard weighing factor which reflects the parameters 
significance relative to the total problem. The resultant total 
score for each site will be used to rank proposed projects within 
each priority category; a master list will be maintained by the AML 
Program staff for use by the MLCRB in selecting projects for 
funding.

    vi. To remove the heading, ``Step 4--Selection of Projects,''
    v. to revise the paragraph that followed the heading ``Step 4--
Selection of Projects'' to read as follows:

    Final selection of projects for funding reclamation planning, 
design and construction during each fiscal year will be based on the 
SMS's consideration of: (a) sites with the highest numerical scores 
from Step 1; (b) cost effectiveness of reclaiming lower priority and 
ranked problems contiguous or in close proximity to higher priority 
and ranked areas; (c) approximate project costs relative to 
anticipated available funds to Kansas from the national Abandoned 
Mine Land Fund; and (d) optimum geographical dispersal of funded 
projects among eligible sites having the same priority and ranking.

    vi. to add a new section to Step 3 to read as follows:

Accomplishments Reporting

    Upon completion of any AML project, the SMS will submit Form 
OSM-76 or other appropriate form(s) to report the accomplishments 
achieved through the project.

    4. Kansas also proposes minor wording changes in this section
    B. Section 884.13(D)(3), Purchasing and Procurement Systems. Kansas 
proposes to add the following language under the subsection, ``Other 
Contract Provisions,'' to read as follows:

    All successful Bidders for AML contracts must be eligible per 
regulation at the time of contract award to receive a permit or 
conditional permit to conduct surface coal mining operations. 
Eligibility will be confirmed by consulting the Office of Surface 
Mining's automated system for identifying and tracking ownership and 
control links involving permit applicants, permittees, and persons 
cited in violation notices. This provision will also apply to 
successful bidders on any non-coal sites eligible for reclamation.
    No monies from the AML fund will be expended for reclamation on 
any non-coal sites designated for remedial action pursuant to the 
Uranium Mill Tailings Radiation Control Act of 1978, the 
Comprehensive Environmental Response Compensation and Liability Act 
of 1980, or other such regulations deemed excludable from funding by 
the Office of Surface Mining.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 884.15(a), OSM is 
seeking comments on whether the proposed amendments satisfies the 
applicable program approval criteria of 30 CFR 884.14. If the amendment 
is deemed 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 April 21, 1998. The location and time of the hearing will be 
arranged with those persons requesting the hearing. 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.
    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. If no one requests an opportunity to speak at 
the public hearing, the hearing will not be held.

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)).

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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 916

    Intergovernmetnal relations, Surface mining, Underground mining.

    Dated: March 27, 1998
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 98-8891 Filed 4-3-98; 8:45 am]
BILLING CODE 4310-05-M