[Federal Register Volume 64, Number 181 (Monday, September 20, 1999)]
[Rules and Regulations]
[Pages 50754-50757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24460]
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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: Final rule; approval of amendment.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
is approving an amendment to the Arkansas abandoned mine land
reclamation plan (Arkansas plan) under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA). Arkansas proposed revisions to its
plan concerning 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 AML problem description. Arkansas intends to revise its
plan to be consistent with the corresponding Federal regulations and
SMCRA.
EFFECTIVE DATE: September 20, 1999.
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, Arkansas 74135-6547.
Telephone: (918) 581-6430. Internet: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Arkansas 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 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. Submission of the Proposed Amendment
By letter dated June 16, 1999 (Administrative Record No. AAML-27),
Arkansas sent us an amendment to its plan pursuant to SMCRA. Arkansas
sent the amendment in response to our letter dated September 26, 1994,
that we sent to Arkansas under 30 CFR 884.15(d). The amendment also
included changes Arkansas made at its own initiative.
We announced receipt of the amendment in the July 9, 1999, Federal
Register (64 FR 37067). In the same document, we opened the public
comment period and provided an opportunity for a public hearing on the
adequacy of Arkansas' amendment. The public comment period closed on
August 9, 1999. Because no one requested a public hearing or meeting,
we did not hold one.
III. Director's Findings
Following, under SMCRA and the Federal regulations at 30 CFR 884.14
and 884.15, are our findings concerning the amendment. Any revisions
that we do not discuss below are about minor wording changes, or
revised cross-references and paragraph notations to reflect
organizational changes resulting from this amendment.
A. Arkansas proposed to add to the reclamation plan a table of
contents with numbered headings and lettered sub-headings. We are
approving this addition.
B. Arkansas proposed to add Part III--``Definitions,'' to the
reclamation plan. We are approving the addition of this part because it
complies with Federal definitions found at 30 CFR 870.5.
C. Part IV--``Policies and Procedures for the State Abandoned Mine
Land Reclamation Program.''
1. Arkansas proposed to change the name of section 884.13(c)(1)
from ``Introduction'' to ``Purposes of the State
[[Page 50755]]
Reclamation Program'' and to remove the old SMCRA priority 4 (Research
and Demonstration) project selection criteria. We are approving the
revisions because they meet the requirements of the Federal regulations
at 30 CFR 884.13(c)(2) and section 403(a) of SMCRA, as revised by the
Energy Policy Act of 1992 (Pub. L. 102-486). Effective October 24,
1992, this Act amended section 403(a) of SMCRA by removing the priority
4 (Research and Demonstration) project selection criteria. Arkansas
also proposed to move descriptions of abandoned mine problem types from
this section to section 884.13(e)(3). We are approving this revision
because it meets the requirements of the Federal regulations at 30 CFR
884.13(e)(3). Arkansas also proposed to move the section entitled,
``Corrective Measures to be used in Reclamation of Abandoned Mine
Lands,'' to section 884.13(e)(3) and to substantially shorten it. We
are approving the revision because it is not inconsistent with the
requirements of the Federal regulations in 30 CFR Subchapter R.
2. Arkansas proposed to add a section, ``Identification of Eligible
Lands and Water.'' The section pertains to reclamation of interim
program and bond insolvency sites. We are approving this addition
because it complies with previous revisions to the State statutes at
Arkansas Code Annotated (ACA) 15-58-401 and the State regulations at
Arkansas Surface Coal Mining and Reclamation Code (ASCMRC) 874.12 which
we approved on January 5, 1994 (59 FR 540), and April 29, 1997 (62 FR
23129), respectively. Also, the addition of the language is not
inconsistent with the Federal regulations at 30 CFR 874.12 and 875.12.
3. Arkansas proposed to add a new subsection to section
884.13(c)(2), ``Ranking and Selection Procedures.'' We are approving
this addition because it meets the requirements of the Federal
regulations at 30 CFR 874.12 and 874.13. Also, Arkansas proposed 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 its regulations at ASCMRC 874.14. We are
approving the revision because it does not constitute a policy change
and because it meets the requirements of the Federal regulations at 30
CFR 884.13(c)(2).
4. Arkansas proposed 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. We are approving these revision.
Arkansas also proposed to revise and enhance the description of AML
project coordination efforts related to resource issues. We are
approving the revision because it meets the requirements of 30 CFR
884.13(c)(3).
5. Arkansas proposed to revise section 884.13(c)(4) to reduce
redundancy within the state regulations. In addition, Arkansas proposed
to remove most of the description of land and water acquisition,
directing the reader, instead, to follow procedures established in
ASCMRC 879.11. We are approving the revisions because they meet the
requirements of 30 CFR 884.13(c)(4).
6. Arkansas proposed to revise section 884.13(c)(5), ``Policies and
Procedures for Reclamation on Private Land,'' to reduce redundancy
within 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. Arkansas also
proposed to add a new paragraph on appraisals to clarify under what
circumstances appraisals should be conducted and by whom. We are
approving these revisions because they meet the requirements of 30 CFR
Part 882.
7. Arkansas proposed to revise section 884.13(c)(6), ``Rights of
Entry,'' to reduce redundancy within 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. We are
approving the revisions because they are not inconsistent with the
Federal regulations at 30 CFR Part 877.
8. Arkansas proposed to revise section 884.13(c)(7), ``Public
Participation Policies,'' to reduce redundancy within the state
regulations and to eliminate obsolete information. The proposed
revision provides a brief overview of current public participation
practices. We are approving the revisions because they meet the
requirements of the Federal regulations at 30 CFR 884.13(c)(6).
D. Part V--``Administrative and Management Structure.''
1. Arkansas proposed to revise section 884.13(d)(1),
``Organizational Structure,'' to update the organizational charts. We
are approving this revision because it meets the requirements of the
Federal regulation at 30 CFR 884.13(d)(1).
2. Arkansas proposed 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. We are
approving this revision because it meets the requirements of the
Federal regulation at 30 CFR 884.13(d)(2).
3. Arkansas proposed to revise section 884.13(d)(3), ``Purchasing
and Procurement Systems,'' to comply with OSM's 30 CFR Part 884 letter,
dated September 26, 1994, regarding ``Contractor Responsibility (30 CFR
874.16 and 875.20 )'' and to identify 43 CFR Part 12 as the guidance by
which Federal grant funds will be administered in the state program. We
are approving the revisions because they satisfy the requirements of
the above 30 CFR Part 884 letter and also meet the requirements of the
Federal regulation at 30 CFR 884.13(d)(3).
4. Arkansas proposed to revise section 884.13(d)(4), ``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. We are approving the revisions because
they meet the requirements of the Federal regulation at 30 CFR
884.13(d)(4).
E. Part VI--``General Description of AML Problems.''
Arkansas proposed 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. We are approving the revisions
because they meet the requirements of the Federal regulation at 30 CFR
884.13(e)(1)-(3).
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment, but did not receive
any.
Federal Agency Comments
Under 30 CFR 884.14(a)(2) and 884.15(a), we requested comments on
the amendment from various Federal agencies with an actual or potential
interest in the Arkansas plan (Administrative Record Nos. AAML-27.01,
AAML-27.02, and AAML-27.03). We received a comment from the U.S. Army
Corps of Engineers dated July 13, 1999 (Administrative Record No. AAML-
27.04), stating that they found the proposed amendment to be
satisfactory.
[[Page 50756]]
U.S. Environmental Protection Agency (EPA)
Under 30 CFR 884.14(a)(6), we are required to get a written
agreement from the EPA for those provisions of the program amendment
that relate to air or water quality standards issued 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 Arkansas
proposed to make in this amendment pertain to air or water quality
standards. Therefore, we did not ask the EPA to agree on the amendment.
U.S. Fish and Wildlife Service (FWS)
Under section 7 of the Endangered Species Act of 1973, as amended
(16 U.S.C. 1531 et seq), we are required to ask the FWS to determine
whether those provisions of the program amendment that relate to fish,
wildlife, or plants and their habitat are likely to jeopardize the
continued existence of species listed as endangered or threatened
(under the authority of section 4 of the Endangered Species Act of
1973) or result in the destruction or adverse modification of their
habitat. None of the revisions that Arkansas proposed to make in this
amendment pertain to fish, wildlife, or plants and their habitat.
Therefore, we did not ask the FWS for its determination under section 7
of the Endangered Species Act of 1973.
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Under 30 CFR 884.14(a)(6), we are required to request comments from
the SHPO and ACHP on amendments that may have an effect on historic
properties. On July 1, 1999, we requested comments on Arkansas'
amendment (Administrative Record No. AAML-27.02), but neither responded
to our request.
V. Director's Decision
Based on the above findings, we approve the proposed plan amendment
as submitted by Arkansas on June 16, 1999. We approve the plan that
Arkansas proposed with the provision that it be published in identical
form to the plan sent to and reviewed by OSM and the public.
To implement this decision, we are amending the Federal regulations
at 30 CFR Part 904, which codify decisions concerning the Arkansas
plan. We are making this final rule effective immediately to expedite
the State program amendment process and to encourage Arkansas to bring
its plan into conformity with the Federal standards. SMCRA requires
consistency of State and Federal standards.
VI. 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 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
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)).
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 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: September 8, 1999.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
For the reasons set out in the preamble, 30 CFR Part 904 is amended
as set forth below:
PART 904--ARKANSAS
1. The authority citation for Part 904 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 904.25 is amended in the table by adding a new entry in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 904.25 Approval of Arkansas abandoned mine land reclamation plan
amendments.
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[[Page 50757]]
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Date of
Original amendment submission date final Citation/description
publication
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* * * * * *
*
June 16, 1999.............................. 9-20-99 Definitions; Purposes of the state 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
problem description.
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[FR Doc. 99-24460 Filed 9-17-99; 8:45 am]
BILLING CODE 4310-05-P