[Federal Register Volume 84, Number 90 (Thursday, May 9, 2019)]
[Rules and Regulations]
[Pages 20259-20264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09557]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 916

[SATS No. KS-029-FOR; Docket ID: OSM-2016-0003; S1D1S SS08011000 
SX064A000 189S180110; S2D2S SS08011000 SX064A000 18XS501520]


Kansas 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 
(OSMRE), are approving an amendment to the Kansas Abandoned Mine Land 
Reclamation (AMLR) Plan (hereinafter, the Plan) under the Surface 
Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Kansas 
proposed revisions to modernize its Plan, which remains largely 
unchanged since its approval on February 1, 1982, and encompasses the 
November 14, 2008, changes to the Federal regulations.

DATES: The effective date is June 10, 2019.

FOR FURTHER INFORMATION CONTACT: William L. Joseph, Director, Tulsa 
Field Office, Office of Surface Mining Reclamation and Enforcement, 
1645 South 101st East Avenue, Suite 145, Tulsa, OK 74128-4629. 
Telephone: (918) 581-6430. Email: [email protected].

SUPPLEMENTARY INFORMATION:

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

I. Background on the Kansas 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 Tribes 
to assume exclusive responsibility for reclamation activity within the 
State or on Tribal lands if they develop and submit to the Secretary of 
the Interior for approval, a

[[Page 20260]]

program (often referred to as a plan) for the reclamation of abandoned 
coal mines. On February 1, 1982, the Secretary of the Interior 
conditionally approved the Kansas Plan and fully approved it on April 
14, 1982. Effective June 3, 1983, the Secretary of the Interior removed 
all conditions prohibiting the funding of State abandoned mine land 
construction grants. You can find background information on the Kansas 
Plan, including the Secretary's findings, the disposition of comments, 
and the approval of the Plan in the February 1, 1982, Federal Register 
(47 FR 4513). You can find later actions concerning the Kansas Plan and 
amendments to the Plan at 30 CFR 916.20 and 916.25.

II. Submission of the Amendment

    By letter dated February 23, 2016 (Administrative Record No. KS-
628), and in accordance with 30 CFR 884.15(a), Kansas sent OSMRE an 
amendment to its Plan at its own initiative.
    We announced receipt of the proposed amendment in the July 14, 
2016, Federal Register (81 FR 45426). In the same document, we opened 
the public comment period and provided an opportunity for a public 
hearing or meeting on the adequacy of the amendment to the Plan. We did 
not hold a public hearing or meeting because no one requested one. The 
public comment period ended on August 15, 2016. We did not receive any 
public comments.

III. OSMRE's Findings

    We are approving the amendment as described below. The following 
are the findings we made concerning Kansas's amendment under SMCRA and 
the Federal regulations at 30 CFR 884.14 and 884.15. Any Plan revisions 
that we do not specifically discuss below concern non-substantive 
wording or editorial changes and can be found in the full text of the 
Plan amendment available at www.regulations.gov.

Abandoned Mine Land Reclamation Plan for the State of Kansas

1. Letter of Designation From the Governor [30 CFR 884.13(a)(1)]
    Kansas, in Part I of the Plan, included an updated letter from the 
Governor designating the Kansas Department of Health and the 
Environment (KDHE) as the agency responsible for the Abandoned Mine 
Reclamation Program in the state of Kansas. The content of this letter 
is consistent with the Federal requirements of 30 CFR 884.13(a)(1), 
that requires the Governor of Kansas to designate the governing 
authority to administer the State's reclamation program and to receive 
and administer grants under Part 886. Therefore, we are approving its 
inclusion.
2. Legal Opinion [30 CFR 884.13(a)(2)]
    Kansas, in Part II of the Plan, included an updated legal opinion 
from the chief legal officer of the KDHE authorizing the KDHE, under 
the Kansas Mined-Land Conservation and Reclamation Act, to conduct its 
reclamation program. The legal opinion references three areas where 
Kansas law previously differed from the Federal requirements, all of 
which have since been modified through legislative actions to comply 
with the Federal requirements. These changes include: Authorizing the 
KDHE to receive grants and funds appropriated under any Federal act; 
authorizing KDHE to place a lien for its own benefit after reclamation 
of privately owned land; and authorizing KDHE to acquire abandoned mine 
land through purchase, donation, or eminent domain. The content of this 
legal opinion is consistent with the Federal requirements of 30 CFR 
884.13(a)(2), requiring the Kansas Attorney General or chief legal 
officer to render an opinion that the agency designated by the Governor 
has the authority under Kansas law to conduct the program in accordance 
with Title IV of SMCRA. Therefore, we are approving its inclusion.
3. Policies and Procedures [30 CFR 884.13(a)(3)]
    Kansas, in Part IV of the Plan, included a description of the 
policies and procedures to be followed by the KDHE in conducting its 
reclamation program. These policies and procedures include:
A. Purposes of the State Reclamation Program [30 CFR 884.13(a)(3)(i)]
    Kansas, in Part IV.A of the Plan, described three reclamation 
program objectives. The objective given highest priority is the 
protection of public health, safety, and property, from extreme danger 
resulting from the adverse effects of coal mining practices [Part 
IV.A(1) of the Plan]. This includes sites that have been degraded by 
coal mining practices and the areas adjacent to those sites. The 
objective given the second highest priority is the protection of public 
health and safety from the adverse effects of coal mining practices 
[Part IV.A(2) of the Plan]. This includes sites that have been degraded 
by coal mining practices and the areas adjacent to those sites. The 
third stated objective is the restoration of land and water resources 
and the environment that has been degraded by the adverse effects of 
coal mining practices [Part IV.A(3) of the Plan]. These restoration 
measures include the conservation and development of soil, water, 
woodland, fish and wildlife, recreational resources, and agricultural 
productivity. These program purposes, goals, and objectives are 
consistent with the Federal requirements of 30 CFR 884.13(a)(3)(i) and 
section 403 of the Act. Therefore, we are approving their inclusion.
B. Criteria for Identification of Eligible Lands and Water [30 CFR 
884.13(a)(3)(ii)]
    Kansas, in Part IV.B of the Plan, described the specific criteria 
for identifying lands and waters eligible for reclamation. Eligible 
lands and waters include those affected prior to August 3, 1977; those 
not under the reclamation responsibility of the operator, permittee, or 
agent of the permittee under government statutes or a result of bond 
forfeiture; and those that were affected by mining for minerals and 
materials other than coal. Ineligible lands and waters include those 
where the amount of bond forfeiture is sufficient to pay the total cost 
of reclamation, and those designated for remedial action pursuant to 
either the Uranium Mill Tailings Radiation Control Act of 1978 (42 
U.S.C. 7901 et seq.), or the Comprehensive Environmental Response 
Compensation and Liability Act of 1980 (42 U.S.C. 9601-9675). These 
descriptions are consistent with the Federal requirements of 30 CFR 
884.13(a)(3)(ii). Therefore, we are approving their inclusion.
C. Ranking and Selection Procedures [30 CFR 884.13(a)(3)(ii)]
    Kansas, in Part IV.C of the Plan, described the procedures for the 
ranking and selection of reclamation projects. These descriptions 
include reclamation priorities, emergency projects, utilization of 
other State agencies, solicitation of public input, and the use of 
Federal funds. The three priority categories described are consistent 
with Section 403(a) of SMCRA. These descriptions are consistent with 
the Federal requirements of 30 CFR 884.13(a)(3)(ii). Therefore, we are 
approving their inclusion.
D. Coordination of Reclamation Work [30 CFR 884.13(a)(3)(iii)]
    Kansas, in Part IV.D of the Plan, described KDHE's coordination 
with other agencies, which is limited to coordinating on the assessment 
of resource values and permits. Resource value coordination is done on 
a project

[[Page 20261]]

specific basis and may include cultural and historic resources, water 
quality, vegetation, fish and wildlife, soils, air quality, and 
recreational resources. Coordination with other agencies may also be 
required to obtain any necessary permits or authorizations. Additional 
coordination with the Rural Abandoned Mine Program or local Tribes is 
not necessary, because the KDHE is the only entity in the State of 
Kansas with a reclamation plan. This description of agency coordination 
is consistent with the Federal requirements of 30 CFR 
884.13(a)(3)(iii). Therefore, we are approving its inclusion.
E. Acquisition, Management, and Disposition of Land and Water [30 CFR 
884.13(a)(3)(iv)]
    Kansas, in Part IV.E of the Plan, described its policies and 
procedures regarding land acquisition, management, and disposal. Under 
its Plan, all lands that have been adversely affected by coal mining 
activity are eligible for acquisition, following a fair market value 
appraisal from an independent appraiser. If OSMRE grant funds are to be 
used for the acquisition, prior approval will be obtained from OSMRE. 
Lands may also be accepted by the Secretary of the Department on behalf 
of the State as a donation or gift. Any lands acquired by the State 
will be managed in accordance with Kansas state law. Disposition of 
such lands will be conducted in accordance with Federal law. These 
acquisition, management, and disposition policies and procedures are 
consistent with the Federal requirements of 30 CFR 884.13(a)(3)(iv). 
Therefore, we are approving their inclusion.
F. Policies and Procedures for Reclamation on Private Land [30 CFR 
884.13(a)(3)(v)]
    Kansas, in Part IV.F of the Plan, described its policies and 
procedures for reclamation on private land. Under its Plan, the KDHE 
has the authority to place a lien against lands where reclamation work 
results in a significant increase in fair market value. Any such lien 
may be satisfied in accordance with Kansas state law. Land appraisals 
must be conducted by an independent appraiser, unless KDHE has 
previously determined that no lien will be placed against the property. 
During OSMRE's review, it was noted that this section of the Plan 
referred to a Kansas state law (K.S.A. 49-428e), which fails to address 
the full requirements of 30 CFR 882.13(b) regarding notifying the 
landowner of the proposed lien and allowing the landowner a reasonable 
time to pay that amount in lieu of filing the lien. However, these lien 
requirements are satisfied in a different Kansas state law (K.A.R. 47-
16-6). On January 17, 2017, OSMRE requested that Kansas add a reference 
to K.A.R. 47-16-6 in this section of their proposed Plan. Because this 
requested change was minor and non-substantive, Kansas was given the 
option to either incorporate this change or withdraw the amendment and 
resubmit at a later date. Kansas returned a revised Plan, which 
incorporated the additional reference on January 19, 2017, and the 
amendment process was allowed to continue uninterrupted. These revised 
policies and procedures are consistent with the Federal requirements of 
30 CFR 882.13 and 884.13(a)(3)(v). Therefore, we are approving their 
inclusion.
G. Rights of Entry [30 CFR 884.13(a)(3)(vi)]
    Kansas, in Part IV.G of the Plan, stated that its policies and 
procedures regarding rights of entry to lands or property for the 
purposes of determining the existence of adverse effects of past coal 
mining practices, and performing reclamation and emergency reclamation 
work will comply with Kansas state law. These policies and procedures 
are consistent with the Federal requirements of 30 CFR 
884.13(a)(3)(vi). Therefore, we are approving their inclusion.
H. Public Participation Policies [30 CFR 884.13(a)(3)(vii)]
    Kansas, in Part IV.H of the Plan, described its public 
participation policies in the development and operation of its Plan. 
The KDHE may offer public meetings to provide information on proposed 
activities. News releases, including information on all public and 
adjudicatory hearings, may also be released to either state-wide or 
regional news outlets based on applicability. Public notices will 
include background information, a description of the requested action, 
an outline of the procedures, and other necessary information. All 
information maintained by KDHE will be accessible to the public in 
accordance with Kansas state law. Additional public involvement will 
occur through the grant and program amendment process, which will be 
provided to the public for review and comment prior to or concurrent 
with submittal to OSMRE. These policies and procedures are consistent 
with the Federal requirements of 30 CFR 884.13(a)(3)(vii). Therefore, 
we are approving their inclusion.
I. Post-Reclamation Inspection Procedures
    Kansas, in Part IV.I of the Plan, described its post-reclamation 
inspection procedures. Inspections of completed AML projects will 
document successes and identify any issues requiring additional 
maintenance. These routine inspections will continue for at least two 
years, or until permit monitoring requirements expire and the project 
site is deemed stable. These procedures have no counterpart Federal 
regulation, but their inclusion does not make the Plan inconsistent 
with the Federal requirements of 30 CFR 884.13. Therefore, we are 
approving their inclusion because OSMRE finds that this requirement of 
the Plan furthers the objective of section 405(i) that requires OSMRE, 
through its designated agents, to monitor the progress and quality of 
the Plan. Moreover, this provision is included because we determined 
that inspections of completed AML projects is no less stringent than 
section 405 of the Act and no less effective than the implementing 
regulations at part 884.
4. Administrative and Management Structure [30 CFR 884.13(a)(4)]
    Kansas, in Part V of the Plan, included a description of the 
administrative and management structure to be used by the KDHE in 
conducting its reclamation program. The structure includes:
A. Organizational Structure [30 CFR 884.13(a)(4)(i)]
    Kansas, in Part V.A of the Plan, described the organization of the 
KDHE and its relationship to other State organizations that may become 
involved in its reclamation program. KDHE is organized into two main 
branches, including the Division of the Environment and the Division of 
Health. The Surface Mining Section, part of the Bureau of Environmental 
Remediation, has the primary oversight responsibility for the State's 
reclamation program. Other agencies that may become involved include 
the Kansas Department of Agriculture, the KDHE Bureau of Water, the 
KDHE Bureau of Air, Kansas Forestry Service, Kansas Geological Survey, 
and the Kansas State Historical Society. This description of agency 
organization is consistent with the Federal requirements of 30 CFR 
884.13(a)(4)(i). Therefore, we are approving its inclusion.
B. Personnel and Staffing Policies [30 CFR 884.13(a)(4)(ii)]
    Kansas, in Part V.B of the Plan, described its personnel and 
staffing policies that will govern the assignment

[[Page 20262]]

of personnel to its reclamation program. The KDHE will be responsible 
for complying with all pertinent Federal and State laws. This 
description of agency personnel policies is consistent with the Federal 
requirements of 30 CFR 884.13(a)(4)(ii). Therefore, we are approving 
its inclusion.
C. Purchasing and Procurement Systems [30 CFR 884.13(a)(4)(iii)]
    Kansas, in Part V.C of the Plan, stated that the purchasing and 
procurement systems used by the KDHE will be in accordance with Kansas 
Purchasing and Contracts regulations per the Kansas Department of 
Administration. These regulations meet the requirements of Office of 
Management and Budget (OMB) Circular A-102. This statement is 
consistent with the Federal requirements of 30 CFR 884.13(a)(4)(iii). 
Therefore, we are approving its inclusion.
D. Management Accounting [30 CFR 884.13(a)(4)(iv)]
    Kansas, in Part V.D of the Plan, stated that the financial 
management system used by the KDHE will meet the requirements of OMB 
Circular A-102, and 43 CFR part 12, subpart C. The accounting system 
used by the KDHE for the State Abandoned Mine Reclamation Fund will 
separate the accounting for each funding source, as identified in 30 
CFR 872.12. This system description is consistent with the Federal 
requirements of 30 CFR 884.13(a)(4)(iv). Therefore, we are approving 
its inclusion.
5. General Description of AML Problems [30 CFR 884.13(a)(5)]
    Kansas, in Parts VI and VIII of the Plan, included a description of 
the reclamation activities to be conducted under its reclamation plan. 
This general description includes:
A. AML Problem Description [30 CFR 884.13(a)(5)(ii)]
    Kansas, in Part VI.A of the Plan, described the problems occurring 
on known or suspected lands and waters which require reclamation. 
Examples of such problems include: Clogged streams and stream lands, 
dangerous piles or embankments; highwalls; impoundments; slides; 
hazardous and explosive gases; hazardous equipment or facilities; 
hazardous water bodies; industrial and residential waste; polluted 
water; subsidence; surface burning; underground mine fires; and 
vertical openings. This description is consistent with the Federal 
requirements of 30 CFR 884.13(a)(5)(ii). Therefore, we are approving 
its inclusion.
B. AML Corrective Measures [30 CFR 884.13(a)(5)(iii)]
    Kansas, in Part VI.B of the Plan, stated that the KDHE will use the 
best available technology and employ the corrective measures outlined 
in the OSMRE Guidelines to address the problems described. This 
statement is consistent with the Federal requirements of 30 CFR 
884.13(a)(5)(iii). Therefore, we are approving its inclusion.
C. Extent of Reclamation
    Kansas, in Part VI.C of the Plan, described the factors to be 
considered in determining the minimum amount of reclamation needed to 
make a site safe and environmentally suitable. These factors include: 
The affected land and water area; uniformity of problem(s) over the 
entire site; proposed post-reclamation land use; available funds; off- 
and on-site benefits; required later additional reclamation work; 
landowner participation; cost effectiveness; multiple land use 
benefits; remining possibilities; and, any Federal or State violations 
on interim program sites. These reclamation factors have no counterpart 
Federal regulation, but their inclusion does not make the Plan 
inconsistent with the Federal requirements of 30 CFR 884.13. Therefore, 
we are approving their inclusion because we determined that the 
inclusion thereof is no less stringent than section 405 of the Act and 
no less effective than the implementing regulations at part 884.
D. Adverse Impacts of Reclamation
    Kansas, in Part VI.D of the Plan, described potential adverse 
impacts of reclamation. Kansas stated that best available methodologies 
will be used to minimize short-term adverse impacts of reclamation 
activities. Potential impacts include: The release of fugitive dust and 
noxious gasses; sedimentation and erosion; temporary degradation of 
stream water quality and aquatic and riparian habitat; increase in 
noise and traffic levels; and temporary aesthetic degradation of the 
area. This description has no counterpart Federal regulation, but its 
inclusion does not make the Plan inconsistent with the Federal 
requirements of 30 CFR 884.13. Therefore, we are approving its 
inclusion.
E. Map [30 CFR 884.13(a)(5)(i)]
    Kansas, in Part VIII of the Plan, included a map showing the 
general location of known or suspected eligible lands and waters within 
the State which require reclamation. This map is consistent with the 
Federal requirements of 30 CFR 884.13(a)(5)(i). Therefore, we are 
approving its inclusion.
6. General Description of Conditions Prevailing in the Different 
Geographical Areas of the State Where Reclamation Is Planned [30 CFR 
884.13(a)(6)]
    Kansas, in Part VII of the Plan, included a description of the 
conditions prevailing in the different geographic areas of the State 
where reclamation is planned. This description includes:
A. The Economic Base [30 CFR 884.13(a)(6)(i)]
    Kansas, in Part VII.A of the Plan, described the economic base for 
the State's five primary coal producing counties, including population 
density, average per capita income, employment, and land use data. This 
description is consistent with the Federal requirements of 30 CFR 
884.13(a)(6)(i), requiring a general description of the conditions, 
including economic base, prevailing in the different geographic areas 
of Kansas where reclamation is planned. Therefore, we are approving its 
inclusion.
B. Significant Esthetic, Historic, or Cultural, and Recreational Values 
[30 CFR 884.13(a)(6)(ii)]
    Kansas, in Part VII.B of the Plan, stated that, to ensure that all 
potential impacts of the reclamation process are mitigated, the KDHE 
will consult with the Kansas State Historical Society regarding any 
significant esthetic, historic, or cultural sites, and will consult 
with the Kansas Department of Wildlife, Parks and Tourism (KDWPT) 
regarding any sites of significant recreational value. This statement 
is consistent with the Federal requirements of 30 CFR 884.13(a)(6)(ii). 
Therefore, we are approving its inclusion.
C. Endangered and Threatened Plant, Fish, and Wildlife and Their 
Habitat [30 CFR 884.13(a)(6)(iii)]
    Kansas, in Part VII.C of the Plan, stated that, in determining 
whether species mitigation or avoidance is required during reclamation 
project planning, KDHE will consult with the U.S. Fish and Wildlife 
Service and the KDWPT to ensure that the most current list of 
threatened or endangered plant, fish, or wildlife species and their 
habitats is used. This statement is consistent with the Federal 
requirements of 30 CFR 884.13(a)(6)(iii), requiring a general 
description, derived

[[Page 20263]]

from available data, of the endangered and threatened plant, fish, and 
wildlife and associated habitat. Therefore, we are approving its 
inclusion.

IV. Summary and Disposition of Comments

Public Comments

    OSMRE solicited public comment and provided an opportunity for a 
public hearing on the amendment of the Kansas Plan. No public comments 
were received and because no one requested an opportunity to speak at a 
public hearing, no hearing was held.

Federal Agency Comments

    On May 3, 2016, as required by 30 CFR 884.14(a)(2), we requested 
comment on the amendment from various Federal agencies with an actual 
or potential interest in the Kansas Plan (Administrative Record No. KS-
628.02). We did not receive any comments.

State Historical Preservation Officer (SHPO) and the Advisory Council 
on Historic Preservation (ACHP)

    Under 30 CFR 884.14(a)(2), we are required to request comments from 
the SHPO and ACHP on amendments that may have an effect on historic 
properties. On May 3, 2016, we requested comments on Kansas's Plan 
amendment (Administrative Record No. KS-628), but neither the SHPO nor 
ACHP responded to our request.

V. OSMRE's Decision

    Based on the above findings, we approve the amendment to the Plan 
Kansas sent us on February 23, 2016 (Administrative Record No. KS-628). 
To implement this decision, we are amending the Federal regulations at 
30 CFR part 916 that codify decisions concerning the Kansas Plan. In 
accordance with the Administrative Procedure Act (5 U.S.C. 500 et 
seq.), this rule will take effect 30 days after the date of 
publication. Section 405 of SMCRA requires that each State with an 
abandoned mine reclamation program must have an approved State 
regulatory program pursuant to Section 503 of the Act. Section 503(a) 
of the Act requires that the State's program demonstrate that the State 
has the capability of carrying out the provisions of the Act and 
meeting its purposes. SMCRA requires consistency of State and Federal 
standards.

VI. Procedural Determinations

Executive Order 12630--Takings

    This rulemaking 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

    Pursuant to OMB guidance, dated October 12, 1993, the approval of 
state program amendments is exempted from OMB review under Executive 
Order 12866.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has reviewed this rule as required 
by Section 3(a) of Executive Order 12988. The Department has determined 
that this Federal Register document meets the criteria of Section 3 of 
Executive Order 12988, which is intended to ensure that the agency 
reviews its legislation and proposed regulations to eliminate drafting 
errors and ambiguity, that the agency write its legislation and 
regulations to minimize litigation, and that the agency's legislation 
and regulations provide a clear legal standard for affected conduct 
rather than a general standard, and promote simplification and burden 
reduction. Because Section 3 focuses on the quality of Federal 
legislation and regulations, the Department limited its review under 
this Executive Order to the quality of this Federal Register document 
and to changes to the Federal regulations. The review under this 
Executive Order did not extend to the language of the State AML program 
or to the Plan amendment that the State of Kansas drafted.

Executive Order 13132--Federalism

    This rule is not a ``[p]olicy that [has] Federalism implications'' 
as defined by Section 1(a) of Executive Order 13132 because it does not 
have ``substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government.'' 
Instead, this rule approves an amendment to the Kansas Plan submitted 
and drafted by that State. OSMRE reviewed the submission with 
fundamental federalism principles in mind as set forth in Sections 2 
and 3 of the Executive Order and with the principles of cooperative 
federalism as set forth in SMCRA. See, e.g., 30 U.S.C. 1201(f). As 
such, pursuant to section 503(a)(1) and (7) (30 U.S.C. 1253(a)(1) and 
(7)), OSMRE reviewed the Plan amendment to ensure that it is ``in 
accordance with'' the requirements of SMCRA and ``consistent with'' the 
regulations issued by the Secretary pursuant to 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 rulemaking on federally recognized Tribes and 
have determined that the rulemaking does not have substantial direct 
effects on one or more Tribes, on the relationship between the Federal 
Government and Tribes, or on the distribution of power and 
responsibilities between the Federal Government and Tribes. The basis 
for this determination is that our decision is on the Kansas AML 
program and does not involve Federal regulations involving Indian 
lands.

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

    Executive Order 13211, dated May 18, 2001, requires agencies to 
prepare a Statement of Energy Effects for a rulemaking 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 rulemaking 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 rulemaking does not require an environmental impact statement 
because it is deemed a categorical exclusion within the meaning of the 
National Environmental Policy Act (42 U.S.C. 4332(2)(C)). It is 
documented in the DOI Departmental Manual, 516 DM 13.5(B)(29), that 
agency decisions on approval of state reclamation plans for abandoned 
mine lands do not constitute major Federal Actions.

Paperwork Reduction Act

    This rulemaking 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 rulemaking 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 rulemaking, is based 
upon counterpart Federal regulations for which an economic analysis was 
prepared and certification made that such regulations would not

[[Page 20264]]

have a significant economic effect upon a substantial number of small 
entities. In making the determination as to whether this rulemaking 
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 rulemaking is not a major rule under 5 U.S.C. 804(2), the 
Small Business Regulatory Enforcement Fairness Act. This rulemaking: 
(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 rulemaking, 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 rulemaking.

Unfunded Mandates

    This rulemaking 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 rulemaking, 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 916

    Intergovernmental relations, Surface mining.

    Dated: August 14, 2018.
Alfred L. Clayborne,
Regional Director, Mid-Continent Region.

    Editorial note: This document was received for publication by 
the Office of the Federal Register on May 6, 2019.

    For the reasons set out in the preamble, 30 CFR part 916 is amended 
as set forth below:

PART 916--KANSAS

0
1. The authority citation for part 916 continues to read as follows:

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


0
2. Section 916.25 is amended in the table by adding a new entry in 
chronological order by ``Date of final publication'' to read as 
follows:


Sec.  916.25   Approval of Kansas abandoned mine land reclamation plan 
amendments.

* * * * *

------------------------------------------------------------------------
Original amendment  submission    Date of final
             date                  publication      Citation/description
------------------------------------------------------------------------
 
                              * * * * * * *
February 23, 2016.............  May 9, 2019......  Abandoned Mine Land
                                                    Reclamation Plan for
                                                    the State of Kansas.
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[FR Doc. 2019-09557 Filed 5-8-19; 8:45 am]
 BILLING CODE 4310-05-P