[Federal Register Volume 64, Number 131 (Friday, July 9, 1999)]
[Proposed Rules]
[Pages 37067-37069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17428]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 904

[SPATS No. AR-029-FOR]


Arkansas Abandoned Mine Land Reclamation Plan

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

ACTION: Proposed rule; public comment period and opportunity for public 
hearing.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is announcing receipt of an amendment to the Arkansas abandoned mine 
land reclamation plan (Arkansas plan) under the Surface Mining Control 
and Reclamation Act of 1977 (SMCRA). The amendment consists of 
revisions to the Arkansas plan relating to definitions, purposes of the 
reclamation program, identification of eligible lands and water, 
ranking and selection procedures, coordination of reclamation work, 
acquisition management and disposition of land and water, reclamation 
on private land, rights of entry, public participation, organizational 
structure, personnel and staffing policies, purchasing and procurement 
systems, management accounting, and abandoned mine land (AML) problem 
description. Arkansas intends to revise its amendment in response to 
our letter dated September 26, 1994, that we sent to the State under 30 
CFR 884.15(d). The amendment also includes changes made at Arkansas' 
own initiative.
    This document gives the times and locations that the Arkansas plan 
and the amendment to that plan are available for your inspection, the 
comment period during which you may submit written comments on the 
amendment, and the procedures that will be followed for the public 
hearing, if one is requested.

DATES: We will accept written comments until 4:00 p.m., c.d.t., August 
9, 1999. If requested, we will hold a public hearing on the amendment 
on August 3, 1999. We will accept requests to speak at the hearing 
until 4:00 p.m., c.d.t. on July 26, 1999.

ADDRESSES: You should mail or hand deliver written comments and 
requests to speak at the hearing to Michael C. Wolfrom, Director, Tulsa 
Field Office, at the address listed below.
    You may review copies of the Arkansas plan, the amendment, a 
listing of any scheduled public hearings, and all written comments 
received in response to this document at the addresses listed below 
during normal business hours, Monday through Friday, excluding 
holidays. You may receive one free copy of the amendment by contacting 
OSM's Tulsa Field Office.

Michael C. Wolfrom, Director, Tulsa Field Office, Office of Surface 
Mining, 5100 East Skelly Drive, Suite 470, Tulsa, Oklahoma 74135-6547, 
Telephone: (918) 581-6430
Arkansas Department of Environmental Quality, Russellville Field 
Office, 1220 West 2nd Street, Russellville, Arkansas 72801, Telephone: 
(501) 968-7339

FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Director, Tulsa 
Field Office. Telephone: (918) 581-6430. Internet: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Arkansas Plan

    On May 2, 1983, the Secretary of the Interior approved the Arkansas 
plan. You can find background information on the Arkansas plan, 
including the Secretary's findings, the disposition of comments, and 
the approval of the plan in the May 2, 1983, Federal Register (48 FR 
19710). You can find later actions on the Arkansas plan at 30 CFR 
904.25 and 904.26.

II. Description of the Proposed Amendment

    By letter dated June 16, 1999 (Administrative Record No. AR-565), 
Arkansas sent us an amendment to its plan under SMCRA. Arkansas sent 
the amendment in response to a letter dated September 26, 1994, that we 
sent to the State under 30 CFR 884.15(d). The amendment also includes 
changes made at Arkansas' own initiative. Below is a summary of the 
changes proposed by Arkansas. The full text of the amendment is 
available for your inspection at the locations listed above under 
ADDRESSES.
    A. Arkansas proposes to add to the reclamation plan a table of 
contents with numbered headings and lettered sub-headings.
    B. Arkansas proposes to add Part III--``Definitions,'' to the 
reclamation plan.
    C. Part IV--``Policies and Procedures for the State Abandoned Mine 
Land `Reclamation Program.''
    1. Arkansas proposes to rename section 884.13(c)(1), 
``Introduction,'' and to remove the old SMCRA priority 4 (Research and 
Demonstration) project selection criteria. Arkansas also proposes to 
move descriptions of abandoned mine problem types from this section to 
section 884.13(e)(3). Arkansas also proposes to move the

[[Page 37068]]

section entitled, ``Corrective Measures to be used in reclamation of 
Abandoned Mine Lands,'' to section 884.13(e)(3) and to substantially 
shorten it.
    2. Arkansas proposes to add a section, ``Identification of Eligible 
Lands and Water.'' The changes pertain to reclamation of interim 
program and bond insolvency sites.
    3. Arkansas proposes to add a new subsection to section 
884.13(c)(2), ``Ranking and Selection Procedures.'' Also, Arkansas 
proposes to remove the project ranking matrix form contained in the 
original reclamation plan and to replace it with a reference to the 
evaluation criteria contained in the regulations at ASCMRC 874.14.
    4. Arkansas proposes to make editorial modifications to section 
884.13(c)(3), ``Coordination of Reclamation Work,'' primarily to update 
the names and relationships of agencies and their roles in abandoned 
mine land reclamation projects. Arkansas also proposes to revise and 
enhance the description of AML project coordination efforts related to 
resource issues.
    5. Arkansas proposes to revise section 884.13(c)(4) to reduce 
redundancy with the state regulations. In addition, Arkansas proposes 
to remove most of the description of land and water acquisition, 
directing the reader, instead, to follow procedures established in 
ASCMRC 879.11.
    6. Arkansas proposes to revise section 884.13(c)(5), ``Reclamation 
on Private Land,'' to reduce redundancy with the state regulations. The 
proposed revision provides a brief overview of policies for placement, 
waiver, and satisfaction of liens, and refers the reader to ASCMRC 
882.13 and 882.14.
    7. Arkansas proposes to revise section 884.13(c)(6), ``Rights of 
Entry,'' to reduce redundancy with the state regulations. The proposed 
revision provides a brief overview of policies for entry on private 
land and refers the reader to ASCMRC 882.13 and 882.14.
    8. Arkansas proposes to revise section 884.13(c)(7), ``Public 
Participation Policies,'' to reduce redundancy with the state 
regulations and to eliminate obsolete information. The proposed 
revision provides a brief overview of current public participation 
practices.
    D. Part V--``Administrative and Management Structure.''
    1. Arkansas proposes to revise section 884.13(d)(1), 
``Organizational Structure,'' to update the organizational charts.
    2. Arkansas proposes to revise section 884.13(d)(2), ``Personnel 
and Staffing Policies,'' to update the list of State and Federal laws, 
regulations, and policies related to personnel practices.
    3. Arkansas proposes to revise section 884.13(d)(3), ``Purchasing 
and Procurement Systems,'' to comply with 30 CFR 874.16 and 875.20 
regarding ``Contractor Responsibility'' and to identify 43 CFR Part 12 
as the guidance by which Federal grant funds will be administered in 
the state program.
    4. Arkansas proposes to revise section 884.13(d), ``Management 
Accounting,'' to identify 43 CFR Part 12 as the guidance for 
administering Federal grant funds in the state program and to make 
minor editorial corrections.
E. Part VI--``General Description of AML Problems''
    Arkansas proposes to add section 884.13(e) to replace information 
previously contained in the ``Introduction'' section of the reclamation 
plan. Section 884.13(e) contains an overview of reclamation problem 
types and guides the reader to the OSM Abandoned Mine Land Inventory 
Directive and to OSM's December 30, 1996 (61 FR 68777), AML Program 
Guidelines for additional information.

III. Public Comment Procedures

    Under the provisions of 30 CFR 884.15(a), we are requesting 
comments on whether the amendment satisfies the applicable State 
reclamation plan approval criteria of 30 CFR 884.14. If we approve the 
amendment, it will become part of the Arkansas plan.

Written Comments

    Your written comments should be specific and pertain only to the 
issues proposed in this rulemaking. You should explain the reason for 
any recommended change. In the final rulemaking, we will not 
necessarily consider or include in the Administrative Record any 
comments received after the time indicated under DATES or at locations 
other than the Tulsa Field Office.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., c.d.t. on 
July 26, 1999. We will arrange the location and time of the hearing 
with those persons requesting the hearing. If you are disabled and need 
special accommodation to attend a public hearing, contact the 
individual listed under FOR FURTHER INFORMATION CONTACT. The hearing 
will not be held if no one requests an opportunity to speak at the 
public hearing.
    You should file a written statement at the time you request the 
hearing. This will allow us 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. If 
you are in the audience and have not been scheduled to speak and wish 
to do so, you will be allowed to speak after those who have been 
scheduled. We will end the hearing after all persons scheduled to speak 
and persons present in the audience who wish to speak have spoken.

Public Meeting

    If only one person requests an opportunity to speak at a hearing, 
we may hold a public meeting, rather than a public hearing. If you wish 
to meet with us to discuss the amendment, request a meeting by 
contacting the person listed under FOR FURTHER INFORMATION CONTACT. All 
such meetings are open to the public and, if possible, we will post 
notices of meetings at the locations listed under ADDRESSES. We also 
make a written summary of each meeting a part of the Administrative 
Record.

IV. Procedural Determinations

Executive Order 12866

    The Office of Management and Budget (OMB) exempts this rule from 
review under Executive Order 12866 (Regulatory Planning and Review).

Executive Order 12988

    The Department of the Interior conducted the reviews required by 
section 3 of Executive Order 12988 (Civil Justice Reform) and 
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 
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 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 Part 884.

National Environmental Policy Act

    This rule does not require an environmental impact statement since 
agency decisions on proposed State and Tribal abandoned mine land 
reclamation plans and revisions 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)).

[[Page 37069]]

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 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 determined and certifies under 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 904

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: July 1, 1999.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 99-17428 Filed 7-8-99; 8:45 am]
BILLING CODE 4310-05-P