[Federal Register Volume 59, Number 3 (Wednesday, January 5, 1994)]
[Rules and Regulations]
[Pages 540-542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-119]
[[Page Unknown]]
[Federal Register: January 5, 1994]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 904
Arkansas' Abandoned Mine Land Reclamation Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
-----------------------------------------------------------------------
SUMMARY: OSM is approving an amendment to the Arkansas abandoned mine
land reclamation plan (hereinafter referred to as the ``Arkansas
plan'') under the Surface Mining Control and Reclamation Act of 1977
(SMCRA). The amendment consists of revisions to the Arkansas statute
pertaining to the eligibility of project sites for abandoned mined land
(AML) funds. The amendment is intended to revise the Arkansas plan to
be in compliance with SMCRA.
EFFECTIVE DATE: January 5, 1994.
FOR FURTHER INFORMATION CONTACT:
James H. Moncrief, Telephone: (918) 581-6430.
SUPPLEMENTARY INFORMATION:
I. Background on the Arkansas Plan
II. Submission of Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations
I. Background on the Arkansas Plan
On May 2, 1983, the Secretary of the Interior approved the Arkansas
plan. General background information on the Arkansas plan, including
the Secretary's findings, the disposition of comments, and the approval
of the Arkansas plan can be found in the May 2, 1983, Federal Register
(48 FR 19710).
II. Submission of Amendment
By letter dated October 6, 1993 (Administrative Record No. AAML-
18), Arkansas submitted a proposed amendment to its plan pursuant to
SMCRA. Arkansas submitted the proposed amendment in response to a
required program amendment at 30 CFR 904.26(a) that was placed on the
Arkansas plan when OSM approved Arkansas' March 31, 1993, plan
amendment (58 FR 38532, July 19, 1993; Administrative Record No. AAML-
17). Arkansas intended that this amendment be in compliance with
section 402 of SMCRA.
Arkansas proposed to amend Arkansas Code Annotated (ACA) 15-58-
401(b)(2) that provides criteria for the determination of the
eligibility of certain project sites for AML funding. Specifically,
Arkansas proposed to require at ACA 15-58-401(b)(2) a finding that the
surface coal mining operation occurred during the period beginning on
August 4, 1977, and ending on November 5, 1990.
OSM announced receipt of the proposed amendment in the November 1,
1993, Federal Register (58 FR 58313; Administrative Record No. AAML-25)
and in the same notice opened the public comment period and provided an
opportunity for a public hearing on the substantive adequacy of the
proposed amendment. The public comment period closed on December 1,
1993. No substantive comments were received. The public hearing,
scheduled for November 26, 1993, was not held because no one requested
an opportunity to testify.
III. Director's Findings
After a thorough review pursuant to SMCRA and the Federal
regulations at 30 CFR 884.14 and 884.15, the Director finds, as
discussed below, that Arkansas' October 6, 1993, proposed plan
amendment is in compliance with SMCRA.
OSM required at 30 CFR 904.26(a) that Arkansas submit a revision to
ACA 15-58-401(b)(2) to limit operations eligible for AML funds because
of insolvency of a surety company to those operations whose surety
became insolvent during the time frame provided by section
402(g)(4)(B)(ii) of SMCRA. Section 402(g)(4)(B)(ii) of SMCRA, as
revised by the Abandoned Mine Land Reclamation Act of 1990 (Pub. L.
101-508), provided that the period of time during which such an
operation would be eligible for AML funds because of the insolvency of
the surety company would begin on August 4, 1977, and end on the date
of enactment of the revision to SMCRA, which was November 5, 1990.
Because Arkansas revised ACA 15-58-401(b)(2) to specify a period of
time beginning on August 4, 1977, and ending on November 5, 1990, ACA
15-58-401(b)(2) is no less stringent than section 402(g)(4)(B)(ii) of
SMCRA, as revised by the Abandoned Mine Land Reclamation Act of 1990.
Therefore, the Director approves ACA 15-58-401(b)(2) and removes
the required amendment at 30 CFR 904.26(a).
IV. Summary and Disposition of Comments
1. Public Comments
The Director solicited public comments and provided an opportunity
for a public hearing on the proposed amendment. No public comments were
received, and because no one requested an opportunity to testify at a
public hearing, no hearing was held.
2. Agency Comments
Pursuant to 30 CFR 884.14(a)(2) and 884.15(a), the Director
solicited comments from the heads of various other Federal agencies
with an actual or potential interest in the Arkansas plan.
By letter dated October 29, 1993, (Administrative Record No. AAML-
22), the U.S. Bureau of Mines responded that it had no comments.
By letter dated October 29, 1993 (Administrative Record No. AAML-
23), the U.S. National Park Service (NPS) responded that the proposed
amendment would not impact NPS program responsibilities.
By letter dated November 8, 1993 (Administrative Record No. AAML-
24), the U.S. Bureau of Land Management responded with a recommendation
that Arkansas be required to revise ACA 15-58-401(c) so that it would
read as follows:
In determining which sites to reclaim pursuant to paragraph (b)
of this section, the Director shall follow the priorities stated in
paragraphs (1) and (2) of 15-58-402. The Director shall ensure that
priority is given to those sites which are in the immediate vicinity
of a residential area or which have an adverse economic impact upon
a community [once coal mining sites and toxic mining material sites
on federal or state surface tracts have been reclaimed].
BLM proposed the addition of the bracketed language and stated that
its intent was to protect the public interest as a whole, particularly
in the Ouachita National Forest, prior to focusing in on individual
communities.
Referenced ``paragraph (b) of this section'' in ACA 15-58-401, as
revised by the amendment that is the subject of this notice, allows the
reclamation under Arkansas' plan of certain surface coal mining
operations that operated on or after August 7, 1977, and were abandoned
or left in an inadequate reclamation status.
Referenced ``paragraphs (1) and (2) of 15-58-402'' require that the
expenditure of AML funds reflect the priorities of (1) the protection
of public health, safety, general welfare, and property from extreme
danger of adverse effects of coal mining practices and (2) the
protection of public health, safety, and general welfare from adverse
effects of coal mining practices. These State provisions are
substantively identical to sections 403(a) (1) and (2) of SMCRA.
ACA 15-58-401(c) is substantively identical to section 402(g)(4)(C)
of SMCRA. In addition, section 411 of SMCRA provides for the use of AML
funds for lands affected by noncoal mining only after a State has
certified that all abandoned coal mines have been reclaimed. Arkansas
has not yet made this certification.
OSM cannot, as requested by BLM, require that Arkansas give higher
priority to the reclamation of coal mining sites and toxic mining
material sites on federal or state surface tracts because sections
403(a), 402(g)(4)(C), and 411 of SMCRA do not do so.
V. Director's Decision
Based on the above finding, the Director approves Arkansas'
proposed plan amendment, as submitted on October 6, 1993.
The Federal regulations at 30 CFR part 904, codifying decisions
concerning the Arkansas plan, are being amended to implement this
decision. This final rule is being made effective immediately to
expedite the State plan amendment process and to encourage States to
bring their plans into conformity with the Federal standards without
undue delay. Consistency of State and Federal standards is required by
SMCRA.
VI. Procedural Determinations
1. Executive Order 12866
This final rule is exempted from review by the Office of Management
and Budget (OMB) under Executive Order 12866 (Regulatory Planning and
Review).
2. Executive Order 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 (Civil Justice Reform) 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 abandoned mine land
reclamation plans and revisions thereof since each such plan is drafted
and promulgated by a specific State, not by OSM. Decisions on proposed
State AML reclamation plans and revisions thereof submitted by a State
are based on a determination of whether the submittal meets the
requirements of Title IV of SMCRA (30 U.S.C. 1231-1243) and the
applicable Federal regulations at 30 CFR parts 884 and 888.
3. National Environmental Policy Act
No environmental impact statement is required for this rule since
agency decisions on proposed State abandoned mine land reclamation
plans and revisions thereof are categorically excluded from compliance
with the National Environmental Policy Act of 1969 (42 U.S.C. 4332) by
the Manual of the Department of the Interior (516 DM 6, appendix 8,
paragraph 8.4B(29)).
4. 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.).
5. Regulatory Flexibility Act
The Department of the Interior has 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 State submittal which is the subject of this rule is based upon
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
established by SMCRA or previously promulgated by OSM will be
implemented by the State. 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.
List of Subjects in 30 CFR Part 904
Intergovernmental relations, Surface mining, Underground mining.
Dated: December 28, 1993.
Raymond L. Lowrie,
Assistant Director, Western Support Center.
For the reasons set out in the preamble, title 30, chapter VII,
subchapter T of the Code of Federal Regulations is amended as set forth
below:
PART 904--ARKANSAS
1. The authority citation for part 904 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 904.25 is amended by adding paragraph (b) to read as
follows:
Sec. 904.25 Approval of abandoned mine land reclamation plan
amendments.
* * * * *
(b) The following section of the Arkansas Code Annotated, title 15,
pertaining to the Arkansas abandoned mine land reclamation plan, as
submitted to OSM on October 6, 1993, is approved effective January 5,
1994.
Section 15-58-401(b)(2) of Arkansas Code Annotated--Lands
Eligible.
3. Section 904.26 is revised to read as follows:
Sec. 904.26 Required plan amendments.
Pursuant to 30 CFR 884.15, Arkansas is required to submit for OSM's
approval the following proposed plan amendment by the date specified.
(a) [Reserved]
(b) [Reserved]
[FR Doc. 94-119 Filed 1-4-94; 8:45 am]
BILLING CODE 4310-05-M
