[Federal Register Volume 66, Number 246 (Friday, December 21, 2001)]
[Proposed Rules]
[Pages 65858-65861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31536]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 936

[OK-029-FOR]


Oklahoma Regulatory Program

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

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

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are announcing receipt of a proposed amendment to the Oklahoma 
regulatory program (the Oklahoma program) under the Surface Mining 
Control and Reclamation Act of 1977 (SMCRA or the Act). The Oklahoma 
Department of Mines (Department or Oklahoma) proposes revisions to and 
additions of rules about areas designated by act of Congress as 
unsuitable for mining and coal exploration operations. Oklahoma intends 
to revise its program to be consistent with the corresponding Federal 
regulations.
    This document gives the times and locations that the Oklahoma 
program and proposed amendment to that program are available for your 
inspection, the comment period during which you may submit written 
comments on the amendment, and the procedures that we will follow for 
the public hearing, if one is requested.

DATES: We will accept written comments on this amendment until 4 p.m., 
c.s.t., January 22, 2002. If requested, we will hold a public hearing 
on the amendment on January 17, 2002. We will accept requests to speak 
at a hearing until 4 p.m., c.s.t. on January 7, 2002.

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 Oklahoma program, this 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,

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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 Reclamation and Enforcement, 5100 East Skelly Drive, Suite 470, 
Tulsa, Oklahoma 74135-6547, Telephone: (918) 581-6430, Internet: 
[email protected]
Mary Ann Pritchard, Director, Oklahoma Department of Mines, 4040 N. 
Lincoln Blvd., Suite 107, Oklahoma City, Oklahoma 73105, Telephone: 
(405) 521-3859, Internet: [email protected]

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

SUPPLEMENTARY INFORMATION:
I. Background on the Oklahoma Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations

I. Background on the Oklahoma Program

    Section 503(a) of the Act permits a State to assume primacy for the 
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that 
its program includes, among other things, ``a State law which provides 
for the regulation of surface coal mining and reclamation operations in 
accordance with the requirements of this Act . . .; and rules and 
regulations consistent with regulations issued by the Secretary 
pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On the basis 
of these criteria, the Secretary of the Interior conditionally approved 
the Oklahoma program on January 19, 1981. You can find background 
information on the Oklahoma program, including the Secretary's 
findings, the disposition of comments, and the conditions of approval 
of the Oklahoma program in the January 19, 1981, Federal Register (46 
FR 4902). You can also find later actions concerning Oklahoma's program 
and program amendments at 30 CFR 936.15 and 936.16.

II. Description of the Proposed Amendment

    By letter dated November 20, 2001 (Administrative Record No. OK-
988.02), Oklahoma sent us an amendment to its program under SMCRA (30 
U.S.C. 1201 et seq.). Oklahoma sent the amendment in response to an 
August 23, 2000, letter (Administrative Record No. OK-988) that we sent 
to Oklahoma in accordance with 30 CFR 732.17(c). Oklahoma proposes to 
amend the Oklahoma Administrative Code (OAC) at Subchapter 7 (Areas 
Designated by Act of Congress as Unsuitable for Mining) and Subchapter 
13 (General Requirements for Coal Exploration Operations). Below is a 
summary of the changes proposed by Oklahoma. The full text of the 
program amendment is available for you to read at the locations listed 
above under ADDRESSES.

A. OAC 460:20-7-2  Authority

    Oklahoma proposes to revise its authority provision to read as 
follows:

    The Department is authorized by Act to prohibit or limit surface 
coal mining operations on or near private, Federal, and other public 
lands, except for those operations which existed on August 3, 1977 
or were subject to valid existing rights at the time the land came 
under the protection of 45 O.S. Section 783 and Section 460:20-7-4.

B. OAC 460:20-7-3  Definitions

    Oklahoma proposes to remove its definition of ``surface coal mining 
operations which exist on the date of enactment.'' Oklahoma also 
proposes to revise its definition of ``valid existing rights.''

C. OAC 460:20-7-4  Areas Where Surface Coal Mining Operations Are 
Prohibited or Limited

    Oklahoma proposes to revise the introductory paragraph of OAC 
460:20-7-4 to read as follows:

    No surface coal mining operations shall be conducted on the 
following lands unless those operations either have valid existing 
rights, as determined under Section 460:20-7-5, or qualify for the 
exception for existing operations under Section 460:20-7-4.1.

    Oklahoma also proposes minor wording, editorial, and punctuation 
changes to OAC 460:20-7-4(2) through (5).

D. OAC 460:20-7-4.1  Exception for Existing Operations

    Oklahoma proposes to add this new section to describe those surface 
coal mining operations for which the provisions of OAC 460:20-7-4 do 
not apply.

E. OAC 460:20-7-5  Procedures

    Oklahoma proposes to revise this section to describe the procedures 
applicants for surface coal mining operation permits must follow when 
requesting a valid existing rights determination. This section also 
describes the evaluation procedures and decision-making criteria the 
regulatory authority will follow when making a valid existing rights 
determination.

F. OAC 460:20-13-5  Permit Requirements for Exploration Removing More 
Than 250 Tons of Coal

    1. At OAC 460:20-13-5(b)(14), Oklahoma proposes to require 
applicants for coal exploration permits to include the following 
information in their applications:

    For any lands listed in Section 460:20-7-4 of this Chapter, a 
demonstration that, to the extent technologically and economically 
feasible, the proposed exploration activities have been designed to 
minimize interference with the values for which those lands were 
designated as unsuitable for surface coal mining operations. The 
application must include documentation of consultation with the 
owner of the feature causing the land to come under the protection 
of Section 460:20-7-4 of this Chapter, and, when applicable, with 
the agency with primary jurisdiction over the feature with respect 
to the values that caused the land to come under the protection of 
Section 460:20-7-4 of this Chapter.

    2. At OAC 460:20-13-5(d)(2)(D), Oklahoma proposes to add the 
following new requirement that it will use when making decisions on 
applications for coal exploration permits:

    With respect to exploration activities on any lands protected 
under Section 460:20-7-4 of this Chapter, minimize interference, to 
the extent technologically and economically feasible, with the 
values for which those lands were designated as unsuitable for 
surface coal mining operations. Before making this finding, the 
Department must provide reasonable opportunity to the owner of the 
feature causing the land to come under the protection of Section 
460:20-7-4 of this Chapter, and when applicable, to the agency with 
primary jurisdiction over the feature with respect to the values 
that caused the land to come under the protection of Section 460:20-
7-4 of this Chapter, to comment on whether the finding is 
appropriate.

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are seeking your 
comments on whether the amendment satisfies the applicable program 
approval criteria of 30 CFR 732.15. If we approve the amendment, it 
will become part of the State program.

Written Comments

    Send your written or electronic comments to OSM at the address 
given above. Your written comments should be specific, pertain only to 
the issues proposed in this rulemaking, and include explanations in 
support of your recommendations. We will not consider or respond to 
your comments when developing the final rule if they are received after 
the close of the comment

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period (see DATES). We will make every attempt to log all comments into 
the administrative record, but comments delivered to an address other 
than the Tulsa Field Office may not be logged in.

Electronic Comments

    Please submit Internet comments as an ASCII or Word file avoiding 
the use of special characters and any form of encryption. Please also 
include ``Attn: [OK-029-FOR]`` and your name and return address in your 
Internet message. If you do not receive a confirmation that we have 
received your Internet message, contact the Tulsa Field Office at (918) 
581-6430.

Availability of Comments

    We will make comments, including names and addresses of 
respondents, available for public review during normal business hours. 
We will not consider anonymous comments. If individual respondents 
request confidentiality, we will honor their request to the extent 
allowable by law. Individual respondents who wish to withhold their 
name or address from public review, except for the city or town, must 
state this prominently at the beginning of their comments. We will make 
all submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available for public review in their entirety.

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.s.t. on 
January 7, 2002. If you are disabled and need special accommodations to 
attend a public hearing, contact the person listed under FOR FURTHER 
INFORMATION CONTACT. We will arrange the location and time of the 
hearing with those persons requesting the hearing. If no one requests 
an opportunity to speak, we will not hold a hearing.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at the public hearing 
provide us with a written copy of his or her comments. The public 
hearing will continue on the specified date until everyone scheduled to 
speak has been given an opportunity to be 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 everyone scheduled to speak and others present in 
the audience who wish to speak, have been heard.

Public Meeting

    If only one person requests an opportunity to speak, we may hold a 
public meeting rather than a public hearing. If you wish to meet with 
us to discuss the amendment, please 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 will make a 
written summary of each meeting a part of the administrative record.

IV. Procedural Determinations

Executive Order 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis performed for the counterpart Federal regulation.

Executive Order 12866--Regulatory Planning and Review

    This rule is exempted from review by the Office of Management and 
Budget under Executive Order 12866.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 and has determined that 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 because 
each 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 
the Federal regulations at 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.

Executive Order 13132--Federalism

    This rule does not have Federalism implications. SMCRA delineates 
the roles of the Federal and State governments with regard to the 
regulation of surface coal mining and reclamation operations. One of 
the purposes of SMCRA is to ``establish a nationwide program to protect 
society and the environment from the adverse effects of surface coal 
mining operations.'' Section 503(a)(1) of SMCRA requires that State 
laws regulating surface coal mining and reclamation operations be ``in 
accordance with'' the requirements of SMCRA. Section 503(a)(7) requires 
that State programs contain rules and regulations ``consistent with'' 
regulations issued by the Secretary pursuant to SMCRA.

Executive Order 13211--Regulations That Significantly Affect the 
Supply, Distribution, or Use of Energy

    On May 18, 2001, the President issued Executive Order 13211 which 
requires agencies to prepare a Statement of Energy Effects for a rule 
that is (1) considered significant under Executive Order 12866, and (2) 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Because this rule is exempt from review 
under Executive Order 12866 and is not expected to have a significant 
adverse effect on the supply, distribution, or use of energy, a 
Statement of Energy Effects is not required.

National Environmental Policy Act

    This rule does not require an environmental impact statement 
because section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that 
agency decisions on proposed 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 certifies 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 
counterpart 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. 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 counterpart Federal regulations.

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Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not 
have an annual effect on the economy of $100 million; (b) Will not 
cause a major increase in costs or prices for consumers, individual 
industries, Federal, State, or local governmental agencies or 
geographic regions; and (c) Does not have significant adverse effects 
on competition, employment, investment, productivity, innovation, or 
the ability of U.S.-based enterprises to compete with foreign-based 
enterprises. This determination is based upon the fact that the State 
submittal, which is the subject of this rule, is based upon counterpart 
Federal regulations for which an analysis was prepared and a 
determination made that the Federal regulation was not considered a 
major rule.

Unfunded Mandates

    This rule will not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of $100 million or more in any 
given year. This determination is based upon the fact that the State 
submittal, which is the subject of this rule, is based upon counterpart 
Federal regulations for which an analysis was prepared and a 
determination made that the Federal regulation did not impose an 
unfunded mandate.

List of Subjects in 30 CFR Part 936

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: November 30, 2001.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 01-31536 Filed 12-20-01; 8:45 am]
BILLING CODE 4310-05-P