[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