[Federal Register Volume 63, Number 109 (Monday, June 8, 1998)]
[Rules and Regulations]
[Pages 31109-31112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15137]


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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 Land Reclamation Plan

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

ACTION: Final rule; approval of amendment.

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[[Page 31110]]

SUMMARY: OSM is approving 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). Kansas proposed revisions and additions to its 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.

EFFECTIVE DATE: June 8, 1998.

FOR FURTHER INFORMATION CONTACT:
Russell W. Frum, Office of Surface Mining, Mid-Continent Regional 
Coordinating Center, Alton Federal Building, 501 Belle Street, Alton, 
Illinois 62002. Telephone: (618) 463-6460.

SUPPLEMENTARY INFORMATION: 
I. Background on the Kansas 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 Kansas Plan

    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 conditions of approval can be found in the February 1, 1982, 
Federal Register (47 FR 4513). Information on the removal of the 
conditions of approval can be found in the June 3, 1983, Federal 
Register (48 FR 24874). Subsequent actions concerning amendments to the 
plan can be found at 30 CFR 916.25.

II. Submission 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).
    OSM announced receipt of the proposed amendment in the April 6, 
1998, Federal Register (63 FR 16728), 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 May 6, 1998.
    During its review of the amendment, OSM identified concerns 
relating to project selection. OSM notified Kansas of these concerns by 
telephone on April 10, 1998 (Administrative Record No. AML-KS-171.2). 
By letter dated April 10, 1998 (Administrative Record No. AML-KS-
171.3), Kansas responded to OSM's concerns by submitting revisions to 
its proposed plan amendment. Kansas proposed additional revisions to 
State Reclamation Plan Section 884.13(c)(2) Step 3, Project Selection. 
Because the additional information merely clarified certain provisions 
of Kansas' proposed amendment, OSM did not reopen the public comment 
period.

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 
wording changes, or revised cross-references and paragraph notations to 
reflect organizational changes resulting from this amendment.

A. State Reclamation Plan Section 884.13(c)(2), Projection Ranking and 
Selection Procedures

    1. Kansas proposed to replace the reference to the ``Kansas Mined 
Land Conservation and Reclamation Board'' with the ``Kansas Department 
of Health and Environment, Surface Mining Section,'' throughout this 
section. The Director is approving this amendment because it only 
updates the agency name.
    2. In its discussion of considerations during the project selection 
process, Kansas proposed to replace the reference to ``30 CFR 874.14'' 
with a reference to OSM's AML Program Guidelines published on December 
30, 1996, entitled, ``Office of Surface Mining, Abandoned Mine Land 
Reclamation Program Guidelines.'' The Director is approving the update 
of this reference.
    3. Kansas proposed to revise the process for selecting sites for 
reclamation from four steps to three steps. The Director is approving 
this change because it is not inconsistent with the Federal regulation 
at 30 CFR 884.13(c)(2). Kansas also proposed to change the language to 
focus ranking of potential projects on ``AML Inventory Problem Areas'' 
instead of ``sites.'' The term ``sites'' is undefined in State or OSM 
policies, whereas, the term ``AML Problem Area'' is defined in OSM 
directive AML-1. Problem areas have distinct geographic boundaries and 
are recognized in the national inventory. The Director is approving 
this change because it is consistent with section 403(c) of SMCRA and 
the Federal regulation at 30 CFR 884.13(c)(2).
    4. Project Selection, Step 1-Identification and Establishment of 
Reclamation Priority Problem Areas. Kansas revised this step to 
reference the five priorities for expenditure of AML funds as described 
in section 403(a) of SMCRA. The introductory paragraph of Step 1 which 
references a State process independent of the National AML Inventory is 
deleted. A new introductory paragraph is added and reads as follows:

    The State program will classify problem areas into five OSM 
approved priority categories listed in the Office of Surface Mining 
Abandoned Mine Land Inventory Manual. Site conditions will be 
utilized by the AML Program Staff in identifying problem areas which 
fit within these priority categories. The problem areas will be 
evaluated based on site hazards and conditions. The results of the 
evaluations of all site hazards and site conditions on a parameter 
will be numerically scored according to its degree of impact and the 
score will then be adjusted by a standard weighting factor which 
reflects the parameter's significance relative to the total problem. 
The resultant total score for each site will be used to rank problem 
areas within each priority category. A master list will be 
maintained by the AML Program staff for use by the SMS in selecting 
projects for funding. Preference among problem areas competing for 
available resources will be given to projects meeting higher 
priority objectives and scoring higher on the Problem Area Ranking 
Matrix.

    The Director is approving this amendment because it is consistent 
with the Federal regulations at 30 CFR 884.13(c) and section 403(a) of 
SMCRA.
    5. Project Selection, Step 2-Eligibility Determination. Kansas 
proposed to changed the title of this step from ``Elimination of 
Selected Problem Sites'' to ``Eligibility Determinations'' to more 
accurately reflect the purpose of this step. Item 3 of Step 2 is 
removed because it is redundant with the state regulations at K.A.R. 
47-16-1. The Director is approving these amendments because they add 
clarifying language and remove redundant language from the Kansas plan.
    6. Project Selection, Step 3-Project Selection.
    a. At Item 2, Kansas deleted its former Priority IV objective 
concerning AML problems, which present a potential for research and 
demonstration projects related to mine reclamation, and renumbered 
former Priority V and VI as priority IV and V, respectively. Kansas 
also deleted Item 3(vii) dealing with Research and Demonstration. The 
Director is approving the revisions

[[Page 31111]]

because they render the Kansas plan consistent with section 403(a) of 
SMCRA.
    b. In Item 4, Kansas revised the wording to clarify the importance 
of selecting reclamation project solutions which minimize maintenance 
and achieve self-sustaining reclamation. The Director is approving this 
revision because it more clearly follows the spirit of the December 30, 
1996, revised AML Reclamation Program Guidelines at Part B.3.b.(3), and 
it is consistent with 30 CFR 884.13(c).
    c. Item 6 originally addressed the issue of remaining coal 
resources on the reclamation site. Kansas proposed to revise this item 
to state that problems, on sites where remining could potentially 
occur, will be addressed before any remining takes place if the 
problems seriously imperil public health or safety. The Director is 
approving this revision because it is not inconsistent with section 
403(a) of SMCRA.
    d. Kansas added a new item, Item 9, to indicate that reclamation 
must be cost effective and consistent with the intended post mining 
land use of the owner. The Director is approving this revision because 
it is not inconsistent with the Federal regulations at 30 CFR 884.13.
    e. Kansas proposed to delete Step 4--Selection of Projects and add 
a new paragraph to Step 3. The new paragraph states that the final 
selection process will consider ranking score, cost effectiveness of 
doing lower priority work, availability of funding, and geographic 
distribution of projects. The Director is approving these revisions 
because they are not inconsistent with the Federal Regulations at 30 
CFR 884.13.
    7. Accomomplishment Reporting. Kansas proposed to add a new section 
entitled, ``Accomplishments Reporting,'' at the end of Section 
884.13(c)(2). It states that upon completion of any AML project, the 
Kansas Surface Mining Section will submit Form OSM-76 or other 
appropriate form(s) to report the accomplishments achieved through the 
project. The Director finds that the new paragraph is substantively the 
same as the Federal regulation at 30 CFR 886.23(b).

B. State Reclamation Plan Section 884.13(d)(3), Purchasing and 
Procurement Systems

    Kansas proposed to add two new paragraphs under the sub-section, 
``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.

    The Director is approving these additions because they render the 
Kansas plan consistent with the Federal regulations at 30 CFR 874.16, 
875.16, and 875.20.

IV. Summary and Disposition of Comments

Public Comments

    OSM 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 Kansas plan. OSM received 
comments from the U.S. Department of Agriculture Natural Resources 
Conservation Service (NRCS) dated April 23, 1998 (Administrative Record 
No. AML-KS-171.5). The NRCS suggested that AML problem areas that are 
under contract with NRCS for the Rural Abandoned Mine Program (RAMP), 
should not be included in Kansas' selection process unless Kansas 
coordinates with them. The proposed change to Kansas' policy and 
procedure at Section 884.13(c)(2), Step 2 identify certain AML problem 
areas that will be eliminated from project selection consideration. One 
of the two categories to be eliminated is projects where there is 
ongoing or planned reclamation which would be totally financed by the 
RAMP or other public or private entity. This provision appears adequate 
to satisfy the NRCS's concern.
    In addition, Kansas' existing policy and procedure at Section 
884.13(c)(3) outline the coordination of activities between Kansas and 
the RAMP. The policy and procedure state that the Kansas AML Program 
will work closely with the NRCS District Conservationist in each county 
in identifying problem AML sites and selecting reclamation methods. 
Furthermore, ``To avoid duplication, all information in a given county 
pertaining to AML inventories, site evaluation, and proposed and active 
reclamation projects will be shared with each District 
Conservationist.'' The Director concludes that the concerns of the NRCS 
regarding RAMP projects are addressed in both the proposed revisions 
and in other unchanged portions of the Kansas AML Reclamation Plan.

V. Director's Decision

    Based on the above findings, the Director approves the proposed 
plan amendment as submitted by Kansas on March 17, 1998, and as revised 
on April 10, 1998.
    The Director approves the plan as proposed by Kansas with the 
provision that it be fully promulgated in identical form to the plan 
submitted to and reviewed by OSM and the public.
    The Federal regulations at 30 CFR Part 916, codifying decisions 
concerning the Kansas 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 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 of Tribe 
are based on a determination of whether the submittal meets the 
requirements of

[[Page 31112]]

Title IV of SMCRA (30 U.S.C. 1231-1243) and 30 CFR Part 884.

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 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 916

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: May 26, 1998.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.

    For the reasons set out in the preamble, 30 CFR Part 916 is amended 
as set forth below:

PART 916--KANSAS

    1. The authority citation for part 916 continues to read as 
follows:

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

    2. Section 916.25 is amended in the table by adding a new entry in 
chronological order by ``Date of final publication'' to read as 
follows:


Sec. 916.25  Approval of Kansas abandoned mine land reclamation plan 
amendments.

* * * * *

------------------------------------------------------------------------
  Original amendment submission      Date of final         Citation/    
              date                    publication         description   
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                  *        *        *        *        *                 
March 17, 1998..................  June 8, 1998......  Section           
                                                       884.13(c)(2) and 
                                                       (d)(3).          
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[FR Doc. 98-15137 Filed 6-5-98; 8:45 am]
BILLING CODE 4310-05-M