[Federal Register Volume 63, Number 153 (Monday, August 10, 1998)]
[Rules and Regulations]
[Pages 42574-42579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21292]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 936

[SPATS No. OK-022-FOR]


Oklahoma Regulatory Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is approving an amendment to the Oklahoma regulatory 
program (hereinafter referred to as the ``Oklahoma program'') under the

[[Page 42575]]

Surface Mining Control and Reclamation Act of 1977 (SMCRA). Oklahoma 
proposed revisions to its regulations pertaining to normal husbandry 
practices and nonaugmentative reclamation activities. The amendment 
identifies seeding, planting, fertilizing, and other practices that may 
be performed without restarting the five-year period of operator 
responsibility for reclamation success.

EFFECTIVE DATE: August 10, 1998.

FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Director, Tulsa 
Field Office, Office of Surface Mining Reclamation and Enforcement, 
5100 East Skelly Drive, Suite 470, Tulsa, Oklahoma 74135-6548. 
Telephone: (918) 581-6430, extension 23. Internet: [email protected].

SUPPLEMENTARY INFORMATION:
I. Background on the Oklahoma Program
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 Program

    On January 19, 1981, the Secretary of the Interior conditionally 
approved the Oklahoma program. Background information on the Oklahoma 
program, including the Secretary's findings, the disposition of 
comments, and the conditions of approval can be found in the January 
19, 1981, Federal Register (46 FR 4902). Subsequent actions concerning 
the conditions of approval and program amendments can be found at 30 
CFR 936.15 and 936.16.

II. Submission of the Proposed Amendment

    By letter dated July 3, 1997 (Administrative Record No. OK-978), 
Oklahoma submitted an amendment to its program pursuant to SMCRA. 
Oklahoma submitted the amendment at its own initiative. Oklahoma 
amended the Oklahoma Administrative Code (OAC) for surface mining 
operations at OAC 460:20-43-46(c)(4) and underground mining operations 
at OAC 460:20-45-46(c)(4) by adding normal husbandry practice and 
nonaugmentative reclamation activity criteria. The normal husbandry 
practice criteria relate to the levels of reseeding, fertilizing, 
liming, weed and pest control, mulching, irrigation, pruning, 
transplanting and replanting trees and shrubs, and repair of rills and 
gullies that may be performed without restarting the five-year period 
of operator responsibility for reclamation success. The nonaugmentative 
reclamation activity criteria relate to liming, fertilization, 
mulching, seeding or stocking of areas where temporary roads and 
sediment control structures are removed and of areas unavoidably 
disturbed because of third-party activities or interference.
    OSM announced receipt of the proposed amendment in the August 8, 
1997, Federal Register (62 FR 42715), and in the same document opened 
the public comment period and provided an opportunity for a public 
hearing or meeting on the adequacy of the amendment. The public comment 
period closed on September 8, 1997. Because no one requested a public 
hearing or meeting, none was held.
    During its review of the amendment, OSM identified concerns in OAC 
460:20-43-46(c)(4) and 460:20-45-46(c)(4) relating to the requirement 
that OSM approve normal husbandry practices used in the State; OAC 
460:20-43-46(c)(4)(D) and 460:20-45-46(c)(4)(D) relating to a 
discrepancy between the proposed language and Appendix R of Oklahoma's 
Bond Release Guidelines for the repair of rills and gullies; and OAC 
460:20-43-46(c)(4)(E) and 460:20-45-46(c)(4)(E) relating to the 
nonaugmentative reclamation activities proposed for temporary 
structures. OSM notified Oklahoma of these concerns by letters dated 
November 19, 1997, and March 23, 1998, and discussed the concerns with 
Oklahoma during telephone conferences held on February 10, 1998, and 
March 19, 1998 (Administrative Record Nos. OK-978.05, OK-978.10, OK-
978.06, and OK-978.09, respectively).
    By letters dated March 4, 1998, April 22, 1998, April 30, 1998, and 
May 12, 1998 (Administrative Record Nos. OK-978.08, OK-978.13, OK-
978.14, and OK-978.11, respectively), Oklahoma responded to OSM's 
concerns by submitting additional explanatory information, technical 
guidelines, and revisions to its program amendment.
    Based upon the additional explanatory information and revisions to 
the amendment submitted by Oklahoma, OSM reopened the public comment 
period in the May 28, 1998, Federal Register (63 FR 29174). The public 
comment period closed on June 12, 1998.

III. Director's Findings

    Set forth below, pursuant to SMCRA and the Federal regulations at 
30 CFR 732.15 and 732.17, are the Director's findings concerning the 
amendment. Only substantive changes are discussed in detail. Revisions 
that are not discussed below concern nonsubstantive wording changes or 
revised cross-references and paragraph notations to reflect 
organizational changes. The revisions not specifically discussed are no 
less stringent than SMCRA and no less effective than the Federal 
regulations.

1. Normal Husbandry Practices and Nonaugmentative Reclamation 
Activities

    Oklahoma proposed substantively identical revisions to its 
regulations at OAC 460:20-43-46(c)(4) for surface coal mining 
operations and OAC 460:20-45-46(c)(4) for underground mining 
operations. Accordingly, findings concerning the revisions are 
combined. Oklahoma proposes to reorganize OAC 460:20-43-46(c)(4) and 
460:20-45-46(c)(4) and to add new regulatory language in order to 
clarify the management practices and activities that may be performed 
without restarting the five-year period of operator responsibility for 
reclamation success.
    OAC 460:20-43-46(c)(4) and OAC 460:20-45-46(c)(4). These sections 
provide that the Department and the Office of Surface Mining have 
approved selective husbandry practices and nonaugmentative reclamation 
activities that, when accomplished in accordance with subsections (A) 
through (G), do not extend the period of responsibility for 
revegetation success and bond liability.
    In its letter dated April 22, 1998, Oklahoma stated that it 
understands that any normal husbandry practice not included in its 
March 4, 1998, revised amendment will be submitted to OSM for approval 
in accordance with 30 CFR 732.17 (Administrative Record No. OK-978.13). 
These sections also provide that approved normal husbandry practices 
shall be expected to continue as part of the postmining land use and 
shall be considered normal husbandry practices within the region for 
unmined lands having uses similar to the approved postmining land use 
of the disturbed area. To determine whether husbandry and conservation 
practices used by surface and underground mining operations are normal 
husbandry practices, Oklahoma will judge management practices on mined 
lands against the recommended normal husbandry practices for unmined 
lands provided by the Oklahoma State University (OSU) and the United 
States Department of Agriculture, Natural Resources Conservation 
Service (NRCS). OSU establishes and publishes recommended fertility and 
management practices for row crops, hayland, and grazingland that are 
tailored for soil conditions, crop rotations, tillage and

[[Page 42576]]

application practices. OSU has extension offices throughout the State 
to provide more site specific recommendations, if needed. In order to 
support its proposed regulations relating to normal husbandry practices 
at OAC 460:20-43-46(c)(4) and 460:20-45-46(c)(4), Oklahoma submitted 
several guidelines published by the OSU and NRCS relating to 
agricultural and conservation management practices for unmined lands in 
the State of Oklahoma (Administrative Record Nos. OK-978.08 and OK-
978.11). Oklahoma will review and assess whether site specific 
activities are outside the normal husbandry practice guidelines through 
its routine inspection process. Evaluations will be made using 
professional judgement that will incorporate the guidelines provided by 
the OSU and the NRCS.
    The Federal regulations at 30 CFR 816.116(c)(4) for surface mining 
operations and 817.116(c)(4) for underground mining operations allow 
the regulatory authority to approve selective husbandry practices, 
excluding augmented seeding, fertilization, or irrigation, without 
extending the period of responsibility for revegetation success and 
bond liability, under specified conditions. The regulatory authority 
must obtain prior approval from OSM in accordance with 30 CFR 732.17 
that the practices are normal husbandry practices that can be expected 
to continue as part of the postmining land use, or if discontinuance of 
the practices after the liability period expires will not reduce the 
probability of permanent revegetation success. Approved practices must 
be normal husbandry practices within the region for unmined lands 
having land uses similar to the approved postmining land use of the 
disturbed area.
    The Director finds that Oklahoma's requirements at OAC 460:20-43-
46(c)(4) and 460:20-45-46(c)(4) are no less effective than the 
requirements of the counterpart Federal regulations. The Director also 
finds that the guidelines published by OSU and the NRCS represent 
normal husbandry practices in the State and is approving their use by 
Oklahoma in determining whether the fertility and management practices 
used by surface and underground mining operations are normal husbandry 
practices.
    OAC 460:20-43-46(c)(4)(A) and 460:20-45-46(c)(4)(A). These 
subsections specify the types of practices that will not be considered 
augmentative. Oklahoma will consider limited reseeding and associated 
fertilizing and liming as nonaugmentative if the area is small in 
relation to the permit area, watershed, or surface property boundary, 
whichever is smaller. The size of the area relative to the surrounding 
area and the ability of the reclaimed area to meet the postmining land 
use will also be considered. Removal and reclamation of temporary 
structures identified at subsection (E) would not be considered 
augmentation under specified circumstances. Repair of rills and gullies 
that are not in excess of the stipulations at subsection (D) would not 
be considered augmentation. Oklahoma will require any minor reseeded 
areas to be fully established and meet the requirements of OAC 460:20-
43-46(a) and (b) or 460:20-45-46(a) and (b) at the time of bond 
release.
    The normal husbandry practice guidelines submitted by Oklahoma and 
OSM's policy outlined in the May 29, 1996, Federal Register (61 FR 
26792) support the types of practices that Oklahoma will not consider 
augmentative. This provision ensures that the vegetation of these areas 
will be subject to Oklahoma's counterparts to the Federal regulations 
at 30 CFR 816.116 and 817.116 relating to the attainment of 
revegetation success. Therefore, the Director finds that OAC 460:20-43-
46(c)(4)(A) and 460:20-45-46(c)(4)(A) are no less effective than 30 CFR 
816.116(c)(4) and 817.116(c)(4).
    OAC 460:20-43-46(c)(4)(B) and 460:20-45-46(c)(4)(B). These 
subsections provide that approved agricultural practices published by 
the OSU Cooperative Extension Service, including fertilizing, liming, 
weed and pest control, and mulching, are not considered augmentation. 
Oklahoma submitted several documents in support of this provision for 
cropland. The documents included OSU guidelines for management of 
wheat, grain sorgham, alfalfa, and soybean crops; guidelines for 
fertilizing and liming; and guidelines for weed control. Specific 
fertilizing and liming application levels are based on soil testing and 
yield goals. OSU guidelines for weed control recommend a complete 
program involving good cultural practices, mechanical control, and 
herbicides. Specific recommendations were provided for application of 
herbicides for crops of soybeans, winter wheat, alfalfa, corn, cotton, 
grain sorgham, sugar, mungbeans, peanuts, small grains, south peas, and 
sunflowers.
    OSM concluded in its review of the documentation submitted by 
Oklahoma in support of this revision that the agricultural practice 
guidelines published by OSU are representative of normal husbandry 
practices for unmined cropland in Oklahoma. Therefore, the Director 
finds that OAC 460:20-43-46(c)(4)(B) and 460:20-45-46(c)(4)(B) are no 
less effective than 30 CFR 816.116(c)(4) and 817.116(c)(4).
    OAC 460:20-43-46(c)(4)(C) and 460:20-45-46(c)(4)(C). These 
subsections provide that on all lands with a postmining land use other 
than cropland, any areas reseeded or replanted as a part or result of a 
normal husbandry practice must be small in size and limited in extent 
of occurrence, or a part of a hay management plan. A hay management 
plan is an agricultural practice described by the OSU Cooperative 
Extension Service. The reestablished vegetation must be in place for a 
sufficient length of time to not adversely affect Oklahoma's ability to 
make a valid determination at the time of bond release as to whether 
the site has been properly reclaimed.
    This provision will ensure that Oklahoma will require that any 
reseeding or replanting of pasture, grazingland, rangeland, or other 
noncropland land use areas are done in accordance with OSU or NRCS 
normal husbandry practice guidelines. Oklahoma will also consider the 
size and extent of the reseeded or replanted areas before determining 
whether the period of responsibility for revegetation success and bond 
liability must restart for noncropland land use areas. This provision 
will also ensure that the vegetation is fully established before the 
release of bond as required in OAC 460:20-43-46(c)(4)(A) and OAC 
460:20-45-56(c)(4)(A) for all land uses. Therefore, the Director finds 
that OAC 460:20-43-46(c)(4)(C) and 460:20-45-46(c)(4)(C) are no less 
effective than 30 CFR 816.116(c)(4) and 817.116(c)(4).
    OAC 460:20-43-46(c)(4)(D) and 460:20-45-46(c)(4)(D). These 
subsections specify that the repair of rills and gullies will not be 
considered an augmentation practice if the occurrences and treatment of 
such rills and gullies constitute a normal conservation practice in the 
region. In the coal mining region of Oklahoma, the normal range of 
precipitation during fall or spring seeding seasons may result in the 
formation of rills and gullies. The NRCS in Oklahoma has prepared 
guidelines for the treatment of such rills and gullies for the State. 
Oklahoma determined that the NRCS plan for repair of these rills and 
gullies constitutes the treatment practice which is the usual degree of 
management customarily performed to prevent exploitation, destruction, 
or neglect of the soil resource and to maintain the productivity of the 
land use for unmined lands in Oklahoma. After initial vegetation 
establishment,

[[Page 42577]]

Oklahoma defines the treatment of rills and gullies requiring permanent 
reseeding of more than 10 acres in a contiguous block or 10 percent of 
a permit area initially seeded during a single year to be an 
augmentative practice because of the potential for delayed seeding of 
large areas to reduce the probability of revegetation success. The 
rills and gullies should be contoured or smoothed if the site is large. 
The area must be seeded during the appropriate seeding season with 
approved perennial species followed by an application of mulch. If 
permanent seeding of the area must be delayed due to weather 
conditions, then appropriate temporary erosion control measures must be 
used. These subsections also specify the methods of treatment for 
repair of rills and gullies, including seeding, mulching, and erosion 
control measures. These methods are based on the NRCS guidelines for 
repair of rills and gullies entitled ``State Standard and 
Specifications for Critical Area Treatment'' and ``Critical Area 
Planting.''
    OSM concluded in its review of the documentation submitted by 
Oklahoma, in support of this revision, that repair of rills and gullies 
is a normal conservation practice in Oklahoma and that the guidelines 
published by NRCS for repair of rills and gullies are representative of 
normal husbandry practices for unmined land in Oklahoma. Therefore, the 
Director finds that OAC 460:20-43-46(c)(4)(D) and 460:20-45-46(c)(4)(D) 
are no less effective than 30 CFR 816.116(c)(4) and 817.116(c)(4).
    OAC 460:20-43-46(c)(4)(E) and 460:20-45-46(c)(4)(E). These 
subsections provide that liming, fertilizing, mulching, seeding or 
stocking following the reclamation of temporary roads, temporary 
sediment or hydraulic control structures, areas disturbed by the 
installation or removal of oil and gas wells or utility lines, and 
areas where the vegetation was disturbed by non-mine related vehicular 
traffic not under the control of the permittee will not be considered 
augmentation.
    As discussed above, Oklahoma's regulations at OAC 460:20-43-
46(c)(4)(A) and 460:20-45-46(c)(4)(A) also apply to these areas. The 
provisions at subsections (A) that any minor reseeded areas be fully 
established and meet the requirements of OAC 460:20-43-46(a) and (b) or 
460:20-45-46(a) and (b) at the time of bond release will ensure that 
the vegetation of these areas will be subject to Oklahoma's 
counterparts to the Federal regulations at 30 CFR 816.116 and 817.116 
related to the attainment of revegetation success. It will also 
discourage the removal of ponds, roads, or diversions toward the end of 
the liability period for the surrounding area because these areas would 
not qualify for final bond release until vegetative cover is fully 
established and meets Oklahoma's revegetation standards.
    Oklahoma's reference to temporary roads in its regulation is 
interpreted by OSM to mean those roads necessary for maintenance of 
sediment ponds, diversions, and reclamation areas. Ancillary roads used 
for maintenance do not include haul roads or other primary roads which 
should have been removed upon completion of mining. In its letter dated 
April 22, 1998, Oklahoma stated that in accordance with the 
Department's approved Bond Release Guidelines, haul roads must be 
removed prior to Phase I release.
    Although Oklahoma's amendment is primarily concerned with defining 
normal husbandry practices, the term ``nonaugmentative reclamation 
activities'' is used with reference to the removal and reclamation of 
structures used in support of reclamation and the repair and 
reclamation of areas disturbed by the installation or removal of oil 
and gas wells or utility lines and areas where the vegetation was 
disturbed by non-mine related vehicular traffic not under the control 
of the permittee. OSM interprets this to mean Oklahoma does not 
consider reclamation of these areas as a normal husbandry practice. OSM 
agrees that reclamation of these areas, while being nonaugmentative, is 
not a normal husbandry practice.
    OSM's policy concerning the term of liability for reclamation of 
roads and temporary sediment control structures. As outlined in the May 
29, 1996, Federal Register (61 FR 26792), OSM has adopted the policy 
published for comment in the September 15, 1993, Federal Register (58 
FR 48333). Section 515(b)(20) of SMCRA provides that the revegetation 
responsibility period shall commence ``after the last year of augmented 
seeding, fertilizing, irrigation, or other work'' needed to assure 
revegetation success. In the absence of any indication of Congressional 
intent in the legislative history, OSM interprets this requirement as 
applying to the increment or permit area as a whole, not individually 
to those lands within the permit area upon which revegetation is 
delayed solely because of their use in support of the reclamation 
effort on the planted area. As implied in the preamble discussion of 30 
CFR 816.46(b)(5), which prohibits the removal of ponds or other 
siltation structures until two years after the last augmented seeding, 
planting of the sites from which such structures are removed need not 
itself be considered an augmented seeding necessitating an extended or 
separate liability period (48 FR 44038-44039, September 26, 1983).
    The purpose of the revegetation responsibility period is to ensure 
that the mined area has been reclaimed to a condition capable of 
supporting the desired permanent vegetation. Achievement of this 
purpose will not be adversely affected by this interpretation of 
section 515(b)(20) of SMCRA because the lands involved are relatively 
small in size and either widely dispersed or narrowly linear in 
distribution and the delay in establishing revegetation on these sites 
is due not to reclamation deficiencies or the facilitation of mining, 
but rather to the regulatory requirement that ponds and diversions be 
retained and maintained to control runoff from the planted area until 
the revegetation is sufficiently established to render such structures 
unnecessary for the protection of water quality.
    In addition, the areas affected likely would be no larger than 
those which could be reseeded (without restarting the revegetation 
period) in the course of performing normal husbandry practices, as that 
term is defined in 30 CFR 816.116(c)(4) and explained in the preamble 
to that rule (53 FR 34636, 34641; September 7, 1988; 52 FR 28012, 
28016; July 27, 1987). Areas this small would have a negligible impact 
on any evaluation of the permit area as a whole. Most importantly, this 
interpretation is unlikely to adversely affect the regulatory 
authority's ability to make a statistically valid determination as to 
whether a diverse, effective permanent vegetative cover has been 
successfully established in accordance with the appropriate 
revegetation success standards. From a practical standpoint, it is 
usually difficult to identify precisely where such areas are located in 
the field once revegetation is established in accordance with the 
approved reclamation plan.
    Based on the above discussion, the Director finds that Oklahoma's 
provisions for removal and reclamation of temporary roads and sediment 
control structures are consistent with and no less effective than the 
Federal regulations at 30 CFR 816.46(b)(5) and (6), 817.46(b)(5) and 
(6), 816.150(f)(6), 817.150(f)(6), and sections 515(b)(19) and (20) of 
SMCRA, as clarified by OSM in the September 15, 1993, Federal Register 
(58 FR 48333).
    If the areas limed, fertilized, mulched, seeded or stocked 
following reclamation

[[Page 42578]]

of land disturbed by installation or removal of oil and gas wells or 
utility lines and following reclamation of land where the vegetation 
was disturbed by non-mine related vehicular traffic not under the 
control of the permittee are no larger than those which would be 
reseeded or stocked in the course of performing normal husbandry 
practices, then these activities too would not be considered 
augmentation under sections 515(b)(19) and (20) of SMCRA. Oil and gas 
well installations are common occurrences in the State of Oklahoma and 
usually affect only a small area of land. As discussed above, areas 
this small would have a negligible impact on any evaluation of the 
permit area as a whole. Most importantly, this interpretation is 
unlikely to adversely affect the regulatory authority's ability to make 
a statistically valid determination as to whether a diverse, effective 
permanent vegetative cover has been successfully established in 
accordance with the appropriate revegetation success standards. 
Oklahoma's regulations at OAC 460:20-43-46(c)(4)(A) and 460:20-45-
46(c)(4)(A) require that any minor reseeded areas be fully established 
and meet the requirements of OAC 460:20-43-46(a) and (b) or 460:20-45-
46(a) and (b) at the time of bond release. These provisions ensure that 
the vegetation of these areas will be subject to Oklahoma's 
counterparts to the Federal regulations at 30 CFR 816.116 and 817.116 
relating to the attainment of revegetation success. Therefore, the 
Director is also approving liming, fertilizing, mulching, seeding or 
stocking following reclamation of these disturbed areas as 
nonaugmentative activities that will not restart the five-year period 
of operator responsibility for reclamation success.
    OAC 460:20-43-46(c)(4)(F) and 460:20-45-46(c)(4)(F). These 
subsections specify that irrigation, reliming, and refertilization of 
revegetated areas; reseeding cropland; and renovating pastureland by 
overseeding with legumes after Phase II bond release shall be 
considered normal husbandry practices if the amount and frequency of 
these practices do not exceed normal husbandry practices used on 
unmined land within the region.
    Documentation was submitted by Oklahoma to support these activities 
as normal husbandry practices on cropland and pastureland within the 
State. Therefore, the Director finds that Oklahoma's proposal is no 
less effective than the Federal requirements at 30 CFR 816.116(c)(4) 
and 817.116(c)(4), and is approving subsections (F).
    OAC 460:20-43-46(c)(4)(G) and 460:20-45-46(c)(4)(G). At subsections 
(G), Oklahoma provides that other normal husbandry practices that may 
be conducted on postmining land uses of fish and wildlife habitat, 
recreation, and forestry without restarting the liability period are 
disease, pest, and vermin control; pruning; and transplanting and 
replanting trees and shrubs in accordance with OAC 460:20-43-46(b)(3) 
and 460:20-45-46(b)(3).
    The Federal regulations at 30 CFR 816.116(c)(4) and 817.116(c)(4) 
allow the regulatory authority to approve normal husbandry practices, 
including such practices as disease, pest, and vermin control; and any 
pruning, reseeding, and transplanting specifically necessitated by such 
actions. The documentation submitted by Oklahoma shows that these types 
of activities are normal husbandry practices within the State for 
unmined lands. Therefore, the Director is approving the provisions at 
subsections (G).

2. Oklahoma Bond Release Guidelines

    Oklahoma revised Appendices A and R of its bond release guidelines 
to reflect the changes made to OAC 460:20-43-46(c)(4) and 460:20-45-
46(c)(4).
    Appendix A, Definitions
    The definition for ``augmentation'' was revised to reference 
Oklahoma's new guidelines for repair of rills and gullies at OAC 
460:20-43-46(c)(4) and 460:20-45-46(c)(4). The definition for ``initial 
establishment of permanent vegetative cover'' was deleted because it is 
no longer applicable to Oklahoma's revised revegetation requirements.
    The Director finds that the proposed revisions are consistent with 
the changes being approved for Oklahoma's regulations at OAC 460:20-43-
46(c)(4) and 460:20-45-46(c)(4).
Appendix R, Guidelines for the Repair of Rills and Gullies in Oklahoma
    Oklahoma is deleting Appendix R from its Bond Release Guidelines 
because the provisions for repair of rills and gullies were added to 
its program at OAC 460:20-43-46(c)(4)(D) for surface mining operations 
and 460:20-45-46(c)(4)(D) for underground mining operations in this 
rulemaking.
    The Director finds that this deletion will not make Oklahoma's 
program less effective than the Federal regulations at 30 CFR 
816.116(c)(4) or 817.116(c)(4).

IV. Summary and Disposition of Comments

Public Comments

    OSM solicited public comments on the proposed amendment, but none 
were received.

Federal Agency Comments

    Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited 
comments on the proposed amendment from various Federal agencies with 
an actual or potential interest in the Oklahoma program. No comments 
were received.

Environmental Protection Agency (EPA)

    Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the 
written concurrence of the EPA with respect to those provisions of the 
proposed program amendment that relate to air or water quality 
standards promulgated under the authority of the Clean Water Act (33 
U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.). 
None of the revisions that Oklahoma proposed to make in this amendment 
pertain to air or water quality standards. Therefore, OSM did not 
request the EPA's concurrence.
    Pursuant to 30 CFR 732.17(h)(11)(i), OSM solicited comments on the 
proposed amendment from the EPA (Administrative Record No. OK-978.01). 
EPA did not respond to OSM's request.

State Historical Preservation Officer (SHPO) and the Advisory Council 
on Historic Preservation (ACHP)

    Pursuant to 30 CFR 732.17(h)(4), OSM is required to solicit 
comments on proposed amendments which may have an effect on historic 
properties from the SHPO and ACHP. OSM solicited comments on the 
proposed amendment from the SHPO and ACHP (Administrative Record No. 
OK-978.01). Neither the SHPO nor ACHP responded to OSM's request.

V. Director's Decision

    Based on the above findings, the Director approves the proposed 
amendment as submitted by Oklahoma on July 3, 1997, and as revised on 
March 4 and April 22, 1998.
    The Director approves the regulations and bond release guidelines 
as proposed by Oklahoma with the provision that they be fully 
promulgated in identical form to the regulations and bond release 
guidelines submitted to and reviewed by OSM and the public.
    The Federal regulations at 30 CFR Part 936, codifying decisions 
concerning the Oklahoma program, are being amended to implement this 
decision. This final rule is being made effective immediately to 
expedite the State program amendment process and to encourage States to 
bring their programs into conformity with the Federal standards without 
undue delay. Consistency of State and Federal standards is required by 
SMCRA.

[[Page 42579]]

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 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 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 
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 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 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

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: July 28, 1998.
Brent Wahlquist,
Regional Director, Mid-Contient Regional Coordinating Center.

    For the reasons set out in the preamble, 30 CFR Part 936 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 936.15 is amended in the table by adding a new entry in 
chronological order by ``Date of final publication'' to read as 
follows:


Sec. 936.15  Approval of Oklahoma regulatory program amendments.

* * * * *

------------------------------------------------------------------------
                             Date of                                    
    Original amendment        final           Citation/description      
     submission date       publication                                  
------------------------------------------------------------------------
                                                                        
*                    *                  *                  *            
July 3, 1997.............      8-10-98  OAC 460:20-43-46(c)(4) (A)      
                                         through (G); 460:20-45-46(c)(4)
                                         (A) through (G); Oklahoma Bond 
                                         Release Guidelines--Appendices 
                                         A and R.                       
------------------------------------------------------------------------

[FR Doc. 98-21292 Filed 8-7-98; 8:45 am]
BILLING CODE 4310-05-P