[Federal Register Volume 69, Number 249 (Wednesday, December 29, 2004)]
[Proposed Rules]
[Pages 77965-77968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28485]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 936

[OK-031-FOR]


Oklahoma 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: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are announcing receipt of a proposed amendment to the Oklahoma 
abandoned mine land reclamation plan (Oklahoma plan) under the Surface 
Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Oklahoma 
is proposing revisions to its plan concerning project ranking and 
selection procedures, the State Reclamation Committee, and the public 
participation policies. Oklahoma intends to improve operational 
efficiency.
    This document gives the times and locations that the Oklahoma 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

[[Page 77966]]

will be followed 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 28, 2005. If requested, we will hold a public hearing 
on the amendment on January 24, 2005. We will accept requests to speak 
at a hearing until 4 p.m., c.s.t. on January 13, 2005.

ADDRESSES: You may submit comments, identified by Docket No. OK-031-
FOR, by any of the following methods:
     E-mail: [email protected]. Include ``Docket No. OK-031-
FOR'' in the subject line of the message.
     Mail/Hand Delivery: Michael C. Wolfrom, Director, Tulsa 
Field Office, Office of Surface Mining Reclamation and Enforcement, 
5100 East Skelly Drive, Suite 470, Tulsa, Oklahoma 74135-6547.
     Fax: (918) 581-6419.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. For detailed instructions on 
submitting comments and additional information on the rulemaking 
process, see the ``Public Comment Procedures'' heading of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: For access to the docket to review copies of the Oklahoma 
plan, this amendment, a listing of any scheduled public hearings, and 
all written comments received in response to this document, you must go 
to the address 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 
Reclamation and Enforcement, 5100 East Skelly Drive, Suite 470, Tulsa, 
Oklahoma 74135-6547, Telephone: (918) 581-6430, E-mail: 
[email protected].
    In addition, you may review a copy of the amendment during regular 
business hours at the following location: Oklahoma Department of Mines, 
4040 N. Lincoln Blvd., Suite 107, Oklahoma City, Oklahoma 73105, 
Telephone: (405) 521-3859.

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

SUPPLEMENTARY INFORMATION:

I. Background on the Oklahoma Plan
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations

I. Background on the Oklahoma Plan

    The Abandoned Mine Land Reclamation Program was established by 
Title IV of the Act (30 U.S.C. 1201 et seq.) in response to concerns 
over extensive environmental damage caused by past coal mining 
activities. The program is funded by a reclamation fee collected on 
each ton of coal that is produced. The money collected is used to 
finance the reclamation of abandoned coal mines and for other 
authorized activities. Section 405 of the Act allows States and Indian 
Tribes to assume exclusive responsibility for reclamation activity 
within the State or on Indian lands if they develop and submit to the 
Secretary of the Interior for approval, a program (often referred to as 
a plan) for the reclamation of abandoned coal mines. On the basis of 
these criteria, the Secretary of the Interior approved the Oklahoma 
plan on January 21, 1982. You can find background information on the 
Oklahoma plan, including the Secretary's findings, the disposition of 
comments, and the approval of the plan in the January 21, 1982, Federal 
Register (47 FR 2989). You can find later actions concerning the 
Oklahoma plan and amendments to the plan at 30 CFR 936.25.

II. Description of the Proposed Amendment

    By letter dated November 1, 2004 (Administrative Record No. OK-
994), Oklahoma sent us a proposed amendment to its plan under SMCRA (30 
U.S.C. 1201 et seq.). Oklahoma sent the amendment at its own 
initiative. Oklahoma proposes to amend the Oklahoma plan. Below is a 
summary of the changes proposed by Oklahoma. The full text of the 
amendment is available for your inspection at the locations listed 
above under ADDRESSES.
    Specifically, Oklahoma proposes to make the following revisions to 
its plan.

A. Section 884.13(c)2--Project Ranking and Selection Procedure

    1. Under the section titled ``Site Selection,'' Oklahoma proposes 
to revise the introductory paragraph to read as follows:

    In the spring of each year the Oklahoma Conservation 
Commission's AML staff evaluates abandoned mine sites for the 
purpose of selecting future reclamation projects. As part of the AML 
project selection process, a public notice will be published 
annually in cities/towns within the abandoned coal mine region in 
eastern Oklahoma. The notices will ask the public to contact the 
Oklahoma Conservation Commission if they believe they have an AML 
site that poses a dangerous health and/or safety problem. The public 
notices will include the address of the Conservation Commission. A 
team of three staff members [will] conduct a field investigation of 
the sites. There are four ways in which sites are chosen for field 
evaluation:

    2. Oklahoma proposes to revise ``Table 3 Project Ranking and 
Selection Procedure'' by eliminating regional meetings that the general 
public may attend to voice concerns regarding identifying abandoned 
mine land and water that poses a threat to health and/or safety. The 
general public will still be able to send written concerns to the 
Oklahoma Conservation Commission (OCC).
    Oklahoma also proposes to revise the language in Table 3 under the 
heading ``State Reclamation Committee'' to read as follows:

    Review reclamation projects submitted by the OCC and make 
suggestions concerning these projects. After projects have been 
selected for reclamation, OCC will prepare and submit project 
applications to OSM.

B. Section 884.13(c)3.A.--State Reclamation Committee

    1. The State Reclamation Committee is composed of members from 
various agencies or organizations. Oklahoma has a list of these 
agencies or organizations from which this committee's membership comes. 
Oklahoma proposes to revise this list by removing the following 
agencies or organizations from the list: Bureau of Land Management, 
Department of Environmental Quality, Natural Resources Conservation 
Service, Oklahoma Association of Conservation Districts, Oklahoma 
Biological Survey, Oklahoma Department of Agriculture: Forestry 
Division, Oklahoma Geological Survey, Oklahoma Wildlife Conservation 
Federation, U.S. Geological Survey and Wildlife Conservation 
Commission. Also, Oklahoma proposes to add the following agencies or 
organizations to the list: U.S. Fish and Wildlife Services and 
Applicable Tribal Entity.
    2. Oklahoma proposes to revise the purpose of the State Reclamation 
Commission to read as follows:

    1. Review the reclamation projects submitted by the Oklahoma 
Conservation Commission and provide to the OCC comments concerning 
the projects.
    2. Coordinate the reclamation activities taking place in the 
State--i.e. coordinate active mining activities and the State 
Abandoned Mine Land Program to avoid duplication of effort.
    3. The committee will also serve in an advisory capacity 
providing informational and educational services.

[[Page 77967]]

C. Section 884.13(c)7--Public Participation Policies

    1. Oklahoma proposes to revise the introductory paragraph to read 
as follows:

    Public participation in this program will be encouraged 
throughout the period in which the State Reclamation Plan is being 
developed and/or amended. Public participation will also be 
incorporated by utilizing public notices in several newspapers in 
the AML area.

    2. Oklahoma proposes to revise paragraphs 884.13(c)7(2) and (3) to 
read as follows:

    (2) Public participation in the annual grant application process
    Before the OCC submits the annual grant application, a public 
notice is printed in one of the major newspapers requesting input on 
the grant application. The public notice gives the purpose of the 
grant, where it can be reviewed, where written comments may be sent, 
and the comment deadline date.
    (3) Public participation in the project selection and submission 
process
    As part of the AML project selection process, the general public 
is provided an opportunity to identify AML projects for possible 
reclamation.
    Before the OCC submits a project for reclamation, a public 
notice is printed in the local newspaper requesting input on the 
need for the proposed project, how the project should be carried 
out, and what the post-reclamation use of the project should be. The 
public notice also requests suggestions for other possible 
reclamation of surface coal mine strip pits, underground coal mine 
open shafts or mine portals, and any other hazards associated with 
past coal mining that pose a threat to the health and safety of the 
general public. The public notice provides the contact person and 
address at the OCC.
    Public notices will also be printed annually in the following 
newspapers seeking public input on possible hazardous AML sites: 
Tulsa, Muskogee, McAlester, Claremore, Sallisaw, Poteau, and Vinita.

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 Oklahoma plan.

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 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 e-mail comments as an ASCII or Word file, avoiding 
the use of special characters and any form of encryption. Please also 
include ``Attn: OK-031-FOR'' and your name and return address in your 
e-mail message. If you do not receive a confirmation that we have 
received your e-mail 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 p.m., c.s.t. on 
January 13, 2005. 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 (OMB) 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, to the 
extent required 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 plan amendments because each program is 
drafted and promulgated by a specific State or Tribe, not by OSM. 
Decisions on proposed abandoned mine land reclamation plans and plan 
amendments submitted by a State or Tribe are based solely 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 of the Federal 
regulations.

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 abandoned mine reclamation programs. 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 405(d) of SMCRA requires State abandoned mine 
land reclamation programs to be in compliance with the procedures,

[[Page 77968]]

guidelines, and requirements established under SMCRA.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have evaluated the 
potential effects of this rule on Federally-recognized Indian tribes 
and have determined that the rule does not have substantial direct 
effects on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes. 
This determination is based on the fact that Oklahoma does not provide 
for reclamation and restoration of land and water resources adversely 
affected by past coal mining on Indian lands. Therefore, the Oklahoma 
plan has no effect on Federally-recognized Indian tribes.

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 agency decisions on proposed State and Tribal abandoned mine 
land reclamation plans and plan amendments 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 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.

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 government 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, 2004.
Charles E. Sandberg,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 04-28485 Filed 12-28-04; 8:45 am]
BILLING CODE 4310-05-P