[Federal Register Volume 70, Number 63 (Monday, April 4, 2005)]
[Rules and Regulations]
[Pages 16941-16945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6600]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 936

[Docket No. OK-031-FOR]


Oklahoma 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: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are approving an 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 proposed 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.

EFFECTIVE DATE: April 4, 2005.

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

SUPPLEMENTARY INFORMATION:

I. Background on the Oklahoma Plan
II. Submission of the Amendment
III. OSM's Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. Procedural Determinations

I. Background on the Oklahoma Plan

    The Abandoned Mine Land Reclamation (AMLR) 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. Submission of the 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.
    We announced receipt of the proposed amendment in the December 29, 
2004, Federal Register (69 FR 77965). In the same document, we opened 
the public comment period and provided an opportunity for a public 
hearing on the adequacy of the proposed amendment. We did not hold a 
public hearing or meeting because no one

[[Page 16942]]

requested one. The public comment period ended on January 28, 2005. We 
did not receive any public comments.
    During our review of the amendment, we identified areas that could 
benefit from improved clarity and completeness. These areas concerned 
the State Reclamation Committee and the public participation policies. 
We notified Oklahoma of these areas by e-mail on January 18, 2005 
(Administrative Record No. OK-994.03), and provided the State with 
suggestions for improving their clarity and completeness.
    By letter dated January 24, 2005 (Administrative Record No. OK-
994.04), Oklahoma sent us additional explanatory information and 
revisions to its plan amendment. Because the additional information 
merely clarified certain provisions of Oklahoma's proposed amendment, 
we did not reopen the public comment period.

III. OSM's Findings

    Following are the findings we made concerning the amendment under 
SMCRA and the Federal regulations at 30 CFR 884.14 and 884.15. We are 
approving the amendment.

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

1. Site Selection
    Under the section titled, ``Site Selection,'' Oklahoma proposed to 
revise the introductory paragraph by eliminating the four annual public 
regional meetings. Oklahoma also proposed to change where it will 
annually publish a public notice as part of the abandoned mine land 
(AML) project selection process. Currently, the notices are being 
published in the 16 counties with abandoned coal mine problem regions. 
Oklahoma proposed to publish the notices, which include the address of 
the Oklahoma Conservation Commission (OCC), in cities/towns within the 
abandoned coal mine region in eastern Oklahoma. These notices retain 
the public's ability to contact the OCC if a member of the public 
believes he or she has an AML site that poses a dangerous health and/or 
safety problem.
    The Federal regulation at 30 CFR 884.13(c)(7) requires public 
participation and involvement in the State's reclamation program. 
Because Oklahoma will continue to annually publish public notices as 
part of the AML project selection process and will continue to allow 
the public the opportunity to be involved in this process by being able 
to contact the OCC if they believe they have an AML site that poses a 
dangerous health and/or safety problem, we find that Oklahoma's 
proposed changes meet the requirement of the above Federal regulation. 
Therefore, we are approving the above changes.
2. Table 3 Project Ranking and Selection Procedure
    a. Under the heading, ``General Public,'' Oklahoma proposed to 
remove the provision that allowed the general public to attend regional 
meetings to voice concerns regarding abandoned mine land and water that 
pose a threat to health and/or safety. Oklahoma is retaining the 
provision that allows the general public to send concerns in writing to 
the OCC.
    The Federal regulation at 30 CFR 884.13(c)(7) requires public 
participation and involvement in the State's reclamation program. 
Because Oklahoma will continue to allow the public the opportunity to 
be involved in the site selection process by being able to contact the 
OCC if they believe they have an AML site that poses a dangerous health 
and/or safety problem, we find that Oklahoma's proposed change meets 
the requirement of the above Federal regulation. Therefore, we are 
approving the above change.
    b. Under the heading ``State Reclamation Committee,'' Oklahoma 
proposed to make editorial changes to one of its purposes 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.

    Because these changes are editorial in nature and do not alter the 
original meaning of the previous language, we are approving the 
changes.

B. Section 884.13(c)3 Coordination of Reclamation Work Between the 
State, the Soil Conservation Service [Currently the Natural Resources 
Conservation Service] and Other Reclamation Agencies

1. State Reclamation Committee
    The State Reclamation Committee is composed of members from various 
agencies and organizations. Oklahoma proposed to revise the list of 
agencies and organizations from which this committee's membership comes 
by deleting or adding agencies and organizations. Oklahoma originally 
proposed to revise this list by removing the following agencies or 
organizations from the list: Oklahoma Association of Conservation 
Districts, Oklahoma Biological Survey, Oklahoma Department of 
Agriculture's Forestry Division, Oklahoma Department of Environmental 
Quality, Oklahoma Geological Survey, Oklahoma Wildlife Conservation 
Commission, Oklahoma Wildlife Federation, U.S. Department of 
Agriculture's Natural Resources Conservation Service, U.S. Department 
of the Interior's Bureau of Land Management, and U.S. Geological 
Survey. After considering the suggestions to the amendment that we sent 
to the State via e-mail on January 18, 2005 (Administrative Record No. 
OK-994.03), Oklahoma decided to retain the Oklahoma Biological Survey's 
membership on the committee. Also, Oklahoma proposed to add the 
following agency and organization to the list: U.S. Department of the 
Interior's Fish and Wildlife Service and the Applicable Tribal Entity.
    The Federal regulation at 30 CFR 884.13(c) requires a State 
reclamation plan to include a description of the policies and 
procedures to be followed by the designated agency in conducting the 
reclamation program. As stated in Oklahoma's AML plan, the purpose of 
the State Reclamation Committee is to: (1) Review the reclamation 
projects submitted by the OCC and to provide comments concerning the 
projects, (2) coordinate the reclamation activities taking place in the 
State, and (3) serve in an advisory capacity providing informational 
and educational services. With these specific purposes, the State 
Reclamation Committee, as revised, is integrated in the policies and 
procedures necessary to conduct the reclamation program and has a vital 
role in implementing the policies and procedures that are used in 
conducting the State's reclamation program. Therefore, we find that 
Oklahoma's proposed changes meet the requirement of the Federal 
regulation at 30 CFR 884.13(c), and we are approving them.
2. Purpose of the State Reclamation Committee
    a. Currently, the OCC and the Natural Resources Conservation 
Service can submit reclamation projects to the State Reclamation 
Committee for review. Oklahoma proposed to revise item number 1 of the 
purpose of the State Reclamation Committee by removing the Natural 
Resources Conservation Service as a submitter of reclamation projects. 
Oklahoma also proposed to revise item number 1 by requiring the State 
Reclamation Committee to provide comments to the OCC concerning the 
reclamation projects.
    The Federal regulation at 30 CFR 884.13(c)(3) requires each State 
reclamation plan to include a description of the policies and 
procedures to be followed by the

[[Page 16943]]

designated agency in conducting the reclamation program, including the 
coordination of reclamation work among the State reclamation program, 
the Rural Abandoned Mine Program (RAMP) administered by the U.S. 
Department of Agriculture's Natural Resources Conservation Service 
(formerly the Soil Conservation Service), the reclamation programs of 
any Indian tribes located within the State, and OSM's reclamation 
program.
    Oklahoma has set forth a description of the policies/procedures to 
be followed in conducting its reclamation program and has decided to 
change a portion of the policies/procedures by removing the Natural 
Resources Conservation Service as a submitter of reclamation projects 
and by revising one of the purposes of the State Reclamation Committee. 
Because Oklahoma has policies/procedures for conducting the State's 
reclamation program that include coordination with the entities listed 
at 30 CFR 884.13(c)(3), as applicable, and has chosen to change them as 
they relate to the purpose of the State Reclamation Committee as 
proposed in item number 1, we find that the State's proposed revisions 
meet the requirements of the Federal regulation at 30 CFR 884.13(c)(3). 
Therefore, we are approving the above changes.
    b. Currently, item number 2 of the purpose of the State Reclamation 
Committee requires the committee to coordinate reclamation activities 
taking place in the State with RAMP activities and the State and 
Federal AML Programs to avoid duplication of effort.
    Oklahoma proposed to remove the requirement to coordinate 
reclamation activities taking place in the State with RAMP activities 
and the Federal AML Program and proposed to retain the coordination of 
reclamation activities taking place in the State with the State AML 
Program.
    The Federal regulation at 30 CFR 884.13(c)(3) requires a 
description of the policies/procedures to be followed by the State in 
conducting the reclamation program including the coordination of 
reclamation work among the State reclamation program, the RAMP 
administered by the U.S. Department of Agriculture's Natural Resources 
Conservation Service (formerly the Soil Conservation Service), the 
reclamation programs of any Indian tribes located within the State, and 
OSM's reclamation program.
    As allowed by section 401(c)(2) of SMCRA, moneys in the Abandoned 
Mine Reclamation Fund may be transferred on an annual basis to the 
Secretary of Agriculture for use under section 406 of SMCRA titled, 
``Reclamation of Rural Lands.'' Section 406 of SMCRA establishes the 
RAMP. Congress has not appropriated funds to the Secretary of 
Agriculture for the RAMP since 1995. Without these appropriations, the 
Natural Resources Conservation Service cannot conduct the RAMP in 
Oklahoma or any other State. Because the RAMP does not exist in 
Oklahoma, the language in Oklahoma's AMLR program requiring 
coordination of reclamation with RAMP activities is unnecessary. 
Therefore, we are approving the removal of this language from 
Oklahoma's AMLR program. However, if Congress appropriates funds for 
the RAMP and the Natural Resources Conservation Service conducts such a 
program in Oklahoma, it will then become necessary for Oklahoma to 
amend its program to include coordination of reclamation activities 
with RAMP activities. Also, we are approving the removal of the 
requirement to coordinate with the Federal AML Program. This 
requirement, found in Section 884.13(c)(2) of the Oklahoma plan, is a 
duplication of one currently contained in ``Table 3 Project Ranking and 
Selection Procedure'' where the OCC prepares and submits reclamation 
project applications to OSM.

C. Section 884.13(c)7 Public Participation Policies

    Oklahoma originally proposed to revise the introductory paragraph 
by deleting language stating that public participation will be 
incorporated in the project selection and the annual grant application 
process and by adding language stating that public participation will 
be incorporated by utilizing public notices in several newspapers in 
the AML areas. After considering the suggestions to the amendment that 
we sent to the State via e-mail on January 18, 2005 (Administrative 
Record No. OK-994.03), Oklahoma decided to retain the language stating 
that public participation will be incorporated in the project selection 
and the annual grant application process. The revised introductory 
paragraph will 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 in the project selection and the annual grant 
application process by utilizing public notices in several 
newspapers in the AML areas.

    Also, in paragraph (1) titled, ``Public participation in the 
development and/or amendment of the State Reclamation Plan,'' the 
current language under this title reads as follows:

    At least 15 days before the submission of the State Reclamation 
Plan to the OSM, the Oklahoma Conservation Commission will begin 
public meetings which will be convenient in time and location to the 
impacted population. Issues raised in the public meetings will be 
addressed by the OCC and documentation of any action taken to 
resolve each issue will be made by the OCC.

    Oklahoma proposed to revise the first sentence in the above 
language by inserting the words, ``or amendment to the State 
Reclamation Plan,'' after the words, ``State Reclamation Plan.'' The 
revised language reads as follows:

    At least 15 days before the submission of the State Reclamation 
Plan or amendment to the State Reclamation Plan to the OSM, the 
Oklahoma Conservation Commission will begin public meetings which 
will be convenient in time and location to the impacted population. 
Issues raised in the public meetings will be addressed by the OCC 
and documentation of any action taken to resolve each issue will be 
made by the OCC.

    In paragraph (2) titled, ``Public participation in the annual grant 
application process, Oklahoma proposed to remove the current language 
and replace it with the following language:

    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.

    Finally, Oklahoma proposed to add a new paragraph (3) titled, 
``Public participation in the project selection and submission 
process.'' This new section provides the general public an opportunity 
to identify AML projects for possible reclamation and requires 
publication of a public notice in the local newspaper requesting 
comments on any proposed project before the OCC submits the project to 
OSM. 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. In addition, public notices that seek public input on possible 
hazardous AML sites will be printed annually in the Tulsa, Muskogee, 
McAlester, Claremore, Sallisaw, Poteau, and Vinita newspapers.

[[Page 16944]]

    The Federal regulation at 30 CFR 884.13(c)(7) requires each 
proposed State reclamation plan to include a description of the 
policies and procedures to be followed by the designated agency in 
conducting the reclamation program including public participation in 
the State reclamation program. Because Oklahoma's State reclamation 
plan includes provisions for public participation in the State 
reclamation program, it meets the requirement of the above Federal 
regulation and we are, therefore, approving the above revisions.

IV. Summary and Disposition of Comments

Public Comments

    We asked for public comments on the amendment, but did not receive 
any.

Federal Agency Comments

    On November 18, 2004, 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 Oklahoma plan (Administrative 
Record No. OK-994.01). No comments were received.

V. OSM's Decision

    Based on the above findings, we approve the amendment Oklahoma sent 
us on November 1, 2004, and as revised on January 24, 2005.
    To implement this decision, we are amending the Federal regulations 
at 30 CFR part 936, which codify decisions concerning the Oklahoma 
plan. We find that good cause exists under 5 U.S.C. 553(d)(3) to make 
this final rule effective immediately. Section 405 of SMCRA requires 
that the State's plan demonstrate that the State has the capability of 
carrying out the provisions of the Act and meeting its purposes. Making 
this rule effective immediately will expedite that process. SMCRA 
requires consistency of State and Federal standards.

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 
regulations.

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 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 to 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, 
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 the Oklahoma plan 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

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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 regulations did not impose an 
unfunded mandate.

List of Subjects in 30 CFR Part 936

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: February 14, 2005.
Ervin J. Barchenger,
Acting Regional Director, Mid-Continent Regional Coordinating Center.

0
For the reasons set out in the preamble, 30 CFR part 936 is amended as 
set forth below:

PART 936--OKLAHOMA

0
1. The authority citation for part 936 continues to read as follows:

    Authority: 30 U.S.C. 1201 et seq.

0
2. Section 936.25 is amended in the table by adding a new entry in 
chronological order by ``Date of Final Publication'' to read as 
follows:


Sec.  936.25  Approval of Oklahoma abandoned mine land reclamation plan 
amendments.

* * * * *

------------------------------------------------------------------------
    Original  amendment       Date of final
      submission date          publication       Citation/description
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                              * * * * * * *
11/01/2004.................          4/4/05  Oklahoma Plan Sec.  Sec.
                                              884.13(c)2--Project
                                              Ranking and Selection;
                                              (c)3--Coordination with
                                              Other Entities; and (c)7--
                                              Public Participation.
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[FR Doc. 05-6600 Filed 4-1-05; 8:45 am]
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