[Federal Register Volume 63, Number 109 (Monday, June 8, 1998)]
[Rules and Regulations]
[Pages 31109-31112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15137]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 916
[SPATS No. KS-015-FOR]
Kansas Abandoned Mine Land Reclamation Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
-----------------------------------------------------------------------
[[Page 31110]]
SUMMARY: OSM is approving a proposed amendment to the Kansas abandoned
mine land reclamation plan (hereinafter referred to as the ``Kansas
plan'') under the Surface Mining Control and Reclamation Act of 1977
(SMCRA). Kansas proposed revisions and additions to its plan pertaining
to project ranking and selection procedures and purchasing and
procurement systems. The amendment is intended to revise the Kansas
plan to be consistent with the corresponding Federal regulations.
EFFECTIVE DATE: June 8, 1998.
FOR FURTHER INFORMATION CONTACT:
Russell W. Frum, Office of Surface Mining, Mid-Continent Regional
Coordinating Center, Alton Federal Building, 501 Belle Street, Alton,
Illinois 62002. Telephone: (618) 463-6460.
SUPPLEMENTARY INFORMATION:
I. Background on the Kansas Plan
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations
I. Background on the Kansas Plan
On February 1, 1982, the Secretary of the Interior conditionally
approved the Kansas plan. Background information on the Kansas plan,
including the Secretary's findings, the disposition of comments, and
the conditions of approval can be found in the February 1, 1982,
Federal Register (47 FR 4513). Information on the removal of the
conditions of approval can be found in the June 3, 1983, Federal
Register (48 FR 24874). Subsequent actions concerning amendments to the
plan can be found at 30 CFR 916.25.
II. Submission of the Proposed Amendment
By letter dated March 17, 1998 (Administrative Record No. AML-KS-
171), Kansas submitted a proposed amendment to its plan pursuant to
SMCRA. Kansas submitted the proposed amendment in response to a
September 24, 1994, letter (Administrative Record No. AML-KS-169) that
OSM sent to Kansas in accordance with 30 CFR 884.15(d).
OSM announced receipt of the proposed amendment in the April 6,
1998, Federal Register (63 FR 16728), and in the same document opened
the public comment period and provided an opportunity for a public
hearing on the adequacy of the proposed amendment. The public comment
period closed on May 6, 1998.
During its review of the amendment, OSM identified concerns
relating to project selection. OSM notified Kansas of these concerns by
telephone on April 10, 1998 (Administrative Record No. AML-KS-171.2).
By letter dated April 10, 1998 (Administrative Record No. AML-KS-
171.3), Kansas responded to OSM's concerns by submitting revisions to
its proposed plan amendment. Kansas proposed additional revisions to
State Reclamation Plan Section 884.13(c)(2) Step 3, Project Selection.
Because the additional information merely clarified certain provisions
of Kansas' proposed amendment, OSM did not reopen the public comment
period.
III. Director's Findings
Set forth below, pursuant to SMCRA and the Federal regulations at
30 CFR 884.14 and 884.15, are the Director's findings concerning the
proposed amendment.
Revisions not specifically discussed below concern nonsubstantive
wording changes, or revised cross-references and paragraph notations to
reflect organizational changes resulting from this amendment.
A. State Reclamation Plan Section 884.13(c)(2), Projection Ranking and
Selection Procedures
1. Kansas proposed to replace the reference to the ``Kansas Mined
Land Conservation and Reclamation Board'' with the ``Kansas Department
of Health and Environment, Surface Mining Section,'' throughout this
section. The Director is approving this amendment because it only
updates the agency name.
2. In its discussion of considerations during the project selection
process, Kansas proposed to replace the reference to ``30 CFR 874.14''
with a reference to OSM's AML Program Guidelines published on December
30, 1996, entitled, ``Office of Surface Mining, Abandoned Mine Land
Reclamation Program Guidelines.'' The Director is approving the update
of this reference.
3. Kansas proposed to revise the process for selecting sites for
reclamation from four steps to three steps. The Director is approving
this change because it is not inconsistent with the Federal regulation
at 30 CFR 884.13(c)(2). Kansas also proposed to change the language to
focus ranking of potential projects on ``AML Inventory Problem Areas''
instead of ``sites.'' The term ``sites'' is undefined in State or OSM
policies, whereas, the term ``AML Problem Area'' is defined in OSM
directive AML-1. Problem areas have distinct geographic boundaries and
are recognized in the national inventory. The Director is approving
this change because it is consistent with section 403(c) of SMCRA and
the Federal regulation at 30 CFR 884.13(c)(2).
4. Project Selection, Step 1-Identification and Establishment of
Reclamation Priority Problem Areas. Kansas revised this step to
reference the five priorities for expenditure of AML funds as described
in section 403(a) of SMCRA. The introductory paragraph of Step 1 which
references a State process independent of the National AML Inventory is
deleted. A new introductory paragraph is added and reads as follows:
The State program will classify problem areas into five OSM
approved priority categories listed in the Office of Surface Mining
Abandoned Mine Land Inventory Manual. Site conditions will be
utilized by the AML Program Staff in identifying problem areas which
fit within these priority categories. The problem areas will be
evaluated based on site hazards and conditions. The results of the
evaluations of all site hazards and site conditions on a parameter
will be numerically scored according to its degree of impact and the
score will then be adjusted by a standard weighting factor which
reflects the parameter's significance relative to the total problem.
The resultant total score for each site will be used to rank problem
areas within each priority category. A master list will be
maintained by the AML Program staff for use by the SMS in selecting
projects for funding. Preference among problem areas competing for
available resources will be given to projects meeting higher
priority objectives and scoring higher on the Problem Area Ranking
Matrix.
The Director is approving this amendment because it is consistent
with the Federal regulations at 30 CFR 884.13(c) and section 403(a) of
SMCRA.
5. Project Selection, Step 2-Eligibility Determination. Kansas
proposed to changed the title of this step from ``Elimination of
Selected Problem Sites'' to ``Eligibility Determinations'' to more
accurately reflect the purpose of this step. Item 3 of Step 2 is
removed because it is redundant with the state regulations at K.A.R.
47-16-1. The Director is approving these amendments because they add
clarifying language and remove redundant language from the Kansas plan.
6. Project Selection, Step 3-Project Selection.
a. At Item 2, Kansas deleted its former Priority IV objective
concerning AML problems, which present a potential for research and
demonstration projects related to mine reclamation, and renumbered
former Priority V and VI as priority IV and V, respectively. Kansas
also deleted Item 3(vii) dealing with Research and Demonstration. The
Director is approving the revisions
[[Page 31111]]
because they render the Kansas plan consistent with section 403(a) of
SMCRA.
b. In Item 4, Kansas revised the wording to clarify the importance
of selecting reclamation project solutions which minimize maintenance
and achieve self-sustaining reclamation. The Director is approving this
revision because it more clearly follows the spirit of the December 30,
1996, revised AML Reclamation Program Guidelines at Part B.3.b.(3), and
it is consistent with 30 CFR 884.13(c).
c. Item 6 originally addressed the issue of remaining coal
resources on the reclamation site. Kansas proposed to revise this item
to state that problems, on sites where remining could potentially
occur, will be addressed before any remining takes place if the
problems seriously imperil public health or safety. The Director is
approving this revision because it is not inconsistent with section
403(a) of SMCRA.
d. Kansas added a new item, Item 9, to indicate that reclamation
must be cost effective and consistent with the intended post mining
land use of the owner. The Director is approving this revision because
it is not inconsistent with the Federal regulations at 30 CFR 884.13.
e. Kansas proposed to delete Step 4--Selection of Projects and add
a new paragraph to Step 3. The new paragraph states that the final
selection process will consider ranking score, cost effectiveness of
doing lower priority work, availability of funding, and geographic
distribution of projects. The Director is approving these revisions
because they are not inconsistent with the Federal Regulations at 30
CFR 884.13.
7. Accomomplishment Reporting. Kansas proposed to add a new section
entitled, ``Accomplishments Reporting,'' at the end of Section
884.13(c)(2). It states that upon completion of any AML project, the
Kansas Surface Mining Section will submit Form OSM-76 or other
appropriate form(s) to report the accomplishments achieved through the
project. The Director finds that the new paragraph is substantively the
same as the Federal regulation at 30 CFR 886.23(b).
B. State Reclamation Plan Section 884.13(d)(3), Purchasing and
Procurement Systems
Kansas proposed to add two new paragraphs under the sub-section,
``Other Contract Provisions,'' to read as follows:
All successful Bidders for AML contracts must be eligible per
regulation at the time of contract award to receive a permit or
conditional permit to conduct surface coal mining operations.
Eligibility will be confirmed by consulting the Office of Surface
Mining's automated system for identifying and tracking ownership and
control links involving permit applicants, permittees, and persons
cited in violation notices. This provision will also apply to
successful bidders on any non-coal sites eligible for reclamation.
No monies from the AML fund will be expended for reclamation on
any non-coal sites designated for remedial action pursuant to the
Uranium Mill Tailings Radiation Control Act of 1978, the
Comprehensive Environmental Response Compensation and Liability Act
of 1980, or other such regulations deemed excludable from funding by
the Office of Surface Mining.
The Director is approving these additions because they render the
Kansas plan consistent with the Federal regulations at 30 CFR 874.16,
875.16, and 875.20.
IV. Summary and Disposition of Comments
Public Comments
OSM 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 speak at a
public hearing, no hearing was held.
Federal Agency Comments
Pursuant to 884.14(a)(2) and 884.15(a), the Director solicited
comments on the proposed amendment from various other Federal agencies
with an actual or potential interest in the Kansas plan. OSM received
comments from the U.S. Department of Agriculture Natural Resources
Conservation Service (NRCS) dated April 23, 1998 (Administrative Record
No. AML-KS-171.5). The NRCS suggested that AML problem areas that are
under contract with NRCS for the Rural Abandoned Mine Program (RAMP),
should not be included in Kansas' selection process unless Kansas
coordinates with them. The proposed change to Kansas' policy and
procedure at Section 884.13(c)(2), Step 2 identify certain AML problem
areas that will be eliminated from project selection consideration. One
of the two categories to be eliminated is projects where there is
ongoing or planned reclamation which would be totally financed by the
RAMP or other public or private entity. This provision appears adequate
to satisfy the NRCS's concern.
In addition, Kansas' existing policy and procedure at Section
884.13(c)(3) outline the coordination of activities between Kansas and
the RAMP. The policy and procedure state that the Kansas AML Program
will work closely with the NRCS District Conservationist in each county
in identifying problem AML sites and selecting reclamation methods.
Furthermore, ``To avoid duplication, all information in a given county
pertaining to AML inventories, site evaluation, and proposed and active
reclamation projects will be shared with each District
Conservationist.'' The Director concludes that the concerns of the NRCS
regarding RAMP projects are addressed in both the proposed revisions
and in other unchanged portions of the Kansas AML Reclamation Plan.
V. Director's Decision
Based on the above findings, the Director approves the proposed
plan amendment as submitted by Kansas on March 17, 1998, and as revised
on April 10, 1998.
The Director approves the plan as proposed by Kansas with the
provision that it be fully promulgated in identical form to the plan
submitted to and reviewed by OSM and the public.
The Federal regulations at 30 CFR Part 916, codifying decisions
concerning the Kansas 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
Executive Order 12866
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866 (Regulatory Planning and
Review).
Executive Order 12988
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 (Civil Justice Reform) and has
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
thereof 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 thereof submitted by a State of Tribe
are based on a determination of whether the submittal meets the
requirements of
[[Page 31112]]
Title IV of SMCRA (30 U.S.C. 1231-1243) and 30 CFR Part 884.
National Environmental Policy Act
No environmental impact statement is required for this rule since
agency decisions on proposed State and Tribal abandoned mine land
reclamation plans and revisions thereof 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 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 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 has determined and certifies pursuant to 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 916
Intergovernmental relations, Surface mining, Underground mining.
Dated: May 26, 1998.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
For the reasons set out in the preamble, 30 CFR Part 916 is amended
as set forth below:
PART 916--KANSAS
1. The authority citation for part 916 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
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 Citation/
date publication description
------------------------------------------------------------------------
* * * * *
March 17, 1998.................. June 8, 1998...... Section
884.13(c)(2) and
(d)(3).
------------------------------------------------------------------------
[FR Doc. 98-15137 Filed 6-5-98; 8:45 am]
BILLING CODE 4310-05-M
