[Federal Register Volume 64, Number 131 (Friday, July 9, 1999)]
[Proposed Rules]
[Pages 37067-37069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17428]
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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.
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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:
I. 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.
II. 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.
A. Arkansas proposes to add to the reclamation plan a table of
contents with numbered headings and lettered sub-headings.
B. Arkansas proposes to add Part III--``Definitions,'' to the
reclamation plan.
C. 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.
D. 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.
III. 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.
IV. 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)).
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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. 99-17428 Filed 7-8-99; 8:45 am]
BILLING CODE 4310-05-P
