Permanent program and abandoned mine land reclamation plan submissions: Arkansas,

[Federal Register: July 9, 1999 (Volume 64, Number 131)]

[Proposed Rules]

[Page 37067-37069]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr09jy99-11]

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 904

[SPATS No. AR-029-FOR]

Arkansas Abandoned Mine Land Reclamation Plan

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

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

SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of an amendment to the Arkansas abandoned mine land reclamation plan (Arkansas plan) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The amendment consists of revisions to the Arkansas plan relating to definitions, purposes of the reclamation program, identification of eligible lands and water, ranking and selection procedures, coordination of reclamation work, acquisition management and disposition of land and water, reclamation on private land, rights of entry, public participation, organizational structure, personnel and staffing policies, purchasing and procurement systems, management accounting, and abandoned mine land (AML) problem description. Arkansas intends to revise its amendment in response to our letter dated September 26, 1994, that we sent to the State under 30 CFR 884.15(d). The amendment also includes changes made at Arkansas' own initiative.

This document gives the times and locations that the Arkansas 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 will be followed for the public hearing, if one is requested.

DATES: We will accept written comments until 4:00 p.m., c.d.t., August 9, 1999. If requested, we will hold a public hearing on the amendment on August 3, 1999. We will accept requests to speak at the hearing until 4:00 p.m., c.d.t. on July 26, 1999.

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 Arkansas plan, the 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, 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, 5100 East Skelly Drive, Suite 470, Tulsa, Oklahoma 74135-6547, Telephone: (918) 581-6430 Arkansas Department of Environmental Quality, Russellville Field Office, 1220 West 2nd Street, Russellville, Arkansas 72801, Telephone: (501) 968-7339

FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Director, Tulsa Field Office. Telephone: (918) 581-6430. Internet: mwolfrom@tokgw.osmre.gov.

SUPPLEMENTARY INFORMATION:

1. Background on the Arkansas Plan

   On May 2, 1983, the Secretary of the Interior approved the Arkansas plan. You can find background information on the Arkansas plan, including the Secretary's findings, the disposition of comments, and the approval of the plan in the May 2, 1983, Federal Register (48 FR 19710). You can find later actions on the Arkansas plan at 30 CFR 904.25 and 904.26.

2. Description of the Proposed Amendment

   By letter dated June 16, 1999 (Administrative Record No. AR-565), Arkansas sent us an amendment to its plan under SMCRA. Arkansas sent the amendment in response to a letter dated September 26, 1994, that we sent to the State under 30 CFR 884.15(d). The amendment also includes changes made at Arkansas' own initiative. Below is a summary of the changes proposed by Arkansas. The full text of the amendment is available for your inspection at the locations listed above under ADDRESSES.

   1. Arkansas proposes to add to the reclamation plan a table of contents with numbered headings and lettered sub-headings.

   2. Arkansas proposes to add Part III--``Definitions,'' to the reclamation plan.

   3. Part IV--``Policies and Procedures for the State Abandoned Mine Land `Reclamation Program.''

      1. Arkansas proposes to rename section 884.13(c)(1), ``Introduction,'' and to remove the old SMCRA priority 4 (Research and Demonstration) project selection criteria. Arkansas also proposes to move descriptions of abandoned mine problem types from this section to section 884.13(e)(3). Arkansas also proposes to move the

         [[Page 37068]]

         section entitled, ``Corrective Measures to be used in reclamation of Abandoned Mine Lands,'' to section 884.13(e)(3) and to substantially shorten it.

      2. Arkansas proposes to add a section, ``Identification of Eligible Lands and Water.'' The changes pertain to reclamation of interim program and bond insolvency sites.

      3. Arkansas proposes to add a new subsection to section 884.13(c)(2), ``Ranking and Selection Procedures.'' Also, Arkansas proposes to remove the project ranking matrix form contained in the original reclamation plan and to replace it with a reference to the evaluation criteria contained in the regulations at ASCMRC 874.14.

      4. Arkansas proposes to make editorial modifications to section 884.13(c)(3), ``Coordination of Reclamation Work,'' primarily to update the names and relationships of agencies and their roles in abandoned mine land reclamation projects. Arkansas also proposes to revise and enhance the description of AML project coordination efforts related to resource issues.

      5. Arkansas proposes to revise section 884.13(c)(4) to reduce redundancy with the state regulations. In addition, Arkansas proposes to remove most of the description of land and water acquisition, directing the reader, instead, to follow procedures established in ASCMRC 879.11.

      6. Arkansas proposes to revise section 884.13(c)(5), ``Reclamation on Private Land,'' to reduce redundancy with the state regulations. The proposed revision provides a brief overview of policies for placement, waiver, and satisfaction of liens, and refers the reader to ASCMRC 882.13 and 882.14.

      7. Arkansas proposes to revise section 884.13(c)(6), ``Rights of Entry,'' to reduce redundancy with the state regulations. The proposed revision provides a brief overview of policies for entry on private land and refers the reader to ASCMRC 882.13 and 882.14.

      8. Arkansas proposes to revise section 884.13(c)(7), ``Public Participation Policies,'' to reduce redundancy with the state regulations and to eliminate obsolete information. The proposed revision provides a brief overview of current public participation practices.

   4. Part V--``Administrative and Management Structure.''

      1. Arkansas proposes to revise section 884.13(d)(1), ``Organizational Structure,'' to update the organizational charts.

      2. Arkansas proposes to revise section 884.13(d)(2), ``Personnel and Staffing Policies,'' to update the list of State and Federal laws, regulations, and policies related to personnel practices.

      3. Arkansas proposes to revise section 884.13(d)(3), ``Purchasing and Procurement Systems,'' to comply with 30 CFR 874.16 and 875.20 regarding ``Contractor Responsibility'' and to identify 43 CFR Part 12 as the guidance by which Federal grant funds will be administered in the state program.

      4. Arkansas proposes to revise section 884.13(d), ``Management Accounting,'' to identify 43 CFR Part 12 as the guidance for administering Federal grant funds in the state program and to make minor editorial corrections. E. Part VI--``General Description of AML Problems''

      Arkansas proposes to add section 884.13(e) to replace information previously contained in the ``Introduction'' section of the reclamation plan. Section 884.13(e) contains an overview of reclamation problem types and guides the reader to the OSM Abandoned Mine Land Inventory Directive and to OSM's December 30, 1996 (61 FR 68777), AML Program Guidelines for additional information.

3. 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 Arkansas plan.

   Written Comments

   Your written comments should be specific and pertain only to the issues proposed in this rulemaking. You should explain the reason for any recommended change. In the final rulemaking, we will not necessarily consider or include in the Administrative Record any comments received after the time indicated under DATES or at locations other than the Tulsa Field Office.

   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.d.t. on July 26, 1999. We will arrange the location and time of the hearing with those persons requesting the hearing. If you are disabled and need special accommodation to attend a public hearing, contact the individual listed under FOR FURTHER INFORMATION CONTACT. The hearing will not be held if no one requests an opportunity to speak at the public hearing.

   You should file a written statement at the time you request the hearing. This will allow us to prepare adequate responses and appropriate questions. The public hearing will continue on the specified date until all persons scheduled to speak have been 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 all persons scheduled to speak and persons present in the audience who wish to speak have spoken.

   Public Meeting

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

4. Procedural Determinations

   Executive Order 12866

   The Office of Management and Budget (OMB) exempts this rule from review under Executive Order 12866 (Regulatory Planning and Review).

   Executive Order 12988

   The Department of the Interior conducted the reviews required by section 3 of Executive Order 12988 (Civil Justice Reform) and determined that, to the extent allowed by law, this rule meets the applicable standards of subsections (a) and (b) of that section. However, these standards are not applicable to the actual language of State and Tribal abandoned mine land reclamation plans and revisions since each such plan is drafted and promulgated by a specific State or Tribe, not by OSM. Decisions on proposed abandoned mine land reclamation plans and revisions submitted by a State or Tribe are based on a determination of whether the submittal meets the requirements of Title IV of SMCRA (30 U.S.C. 1231-1243) and 30 CFR Part 884.

   National Environmental Policy Act

   This rule does not require an environmental impact statement since agency decisions on proposed State and Tribal abandoned mine land reclamation plans and revisions are categorically excluded from compliance with the National Environmental Policy Act (42 U.S.C. 4332) by the Manual of the Department of the Interior (516 DM 6, appendix 8, paragraph 8.4B(29)).

   [[Page 37069]]

   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 determined that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The submittal which is the subject of this rule is based upon corresponding Federal regulations for which an economic analysis was prepared and certification made that such regulations would not have a significant economic effect upon a substantial number of small entities. Accordingly, this rule will ensure that existing requirements previously promulgated by OSM will be implemented. In making the determination as to whether this rule would have a significant economic impact, the Department relied upon the data and assumptions in the analyses for the corresponding Federal regulations.

   Unfunded Mandates

   OSM determined and certifies under the Unfunded Mandates Reform Act (2 U.S.C. 1502 et seq.) that this rule will not impose a cost of $100 million or more in any given year on local, state, or tribal governments or private entities.

   List of Subjects in 30 CFR Part 904

   Intergovernmental relations, Surface mining, Underground mining.

   Dated: July 1, 1999. Brent Wahlquist, Regional Director, Mid-Continent Regional Coordinating Center.

   [FR Doc. 99-17428Filed7-8-99; 8:45 am]

   BILLING CODE 4310-05-P