Arkansas Abandoned Mine Land Reclamation Plan

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 904

[SPATS No. AR-035-FOR]

Arkansas 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: Office of Surface Mining Reclamation and Enforcement (OSM) is

approving a proposed 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 an addition

to the Arkansas plan relating to the exclusion of certain noncoal

reclamation sites. Arkansas intends to revise its plan to be consistent

with the corresponding Federal regulations.

EFFECTIVE DATE: January 14, 2000.

FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Director, Tulsa

Field Office, Office of Surface Mining Reclamation and Enforcement,

5100 East Skelly Drive, Suite 470, Tulsa, Arkansas 74135-6547.

Telephone: (918) 581-6430. Internet: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Arkansas 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 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. Submission of the Proposed Amendment

By letter dated September 22, 1999 (Administrative Record No. AAML-

28), Arkansas sent us an amendment to its plan pursuant to SMCRA.

Arkansas sent the amendment in response to our letter dated September

8, 1999 (Administrative Record No. AAML-27.07).

We announced receipt of the amendment in the October 18, 1999,

Federal Register (64 FR 56179). In the same document, we opened the

public comment period and provided an opportunity for a public hearing

on the adequacy of Arkansas' amendment. The public comment period

closed on November 17, 1999. Because no one requested a public hearing

or meeting, we did not hold one.

III. Director's Findings

Following, under SMCRA and the Federal regulations at 30 CFR 884.14

and 884.15, is our finding concerning the amendment.

Policies and Procedures of the State Abandoned Mine Land Reclamation

Program [30 CFR 884.13(c)]

Under subheading B. Identification of Eligible Lands and Water [30

CFR 884.13(c)(2)], Arkansas proposed to add the following language as a

counterpart to our Federal regulation at 30 CFR 875.16, Exclusion of

certain noncoal reclamation sites:

Money from the Fund shall not be used for the reclamation of

sites and areas designated for remedial action pursuant to the

Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901

et seq.) or that have been listed for remedial action pursuant to

the Comprehensive Environmental Response Compensation and Liability

Act of 1980 (42 U.S.C. 9601 et seq.).

Because the above proposed revision is identical in meaning to the

corresponding Federal regulation, the Director finds that Arkansas'

revised plan is no less effective than the Federal regulation.

Therefore, the Director is approving this amendment.

IV. Summary and Disposition of Comments

Public Comments

We asked for public comments on the amendment, but did not receive

any.

Federal Agency Comments

Under 30 CFR 884.14(a)(2) and 884.15(a), we requested comments on

the amendment from various Federal agencies with an actual or potential

interest in the Arkansas plan (Administrative Record Nos. AAML-28.03).

We received a comment from the U.S. Army Corps of Engineers dated

November 5, 1999 (Administrative Record No. AAML-28.06), stating that

[[Page 2332]]

the amendment was satisfactory to the agency.

U.S. Environmental Protection Agency (EPA)

Under 30 CFR 884.14(a)(6), we are required to get a written

agreement from the EPA for those provisions of the program amendment

that relate to air or water quality standards issued under the

authority of the Clean Water Act (33 U.S.C. 1251 et seq.) or the Clean

Air Act (42 U.S.C. 7401 et seq.). None of the revisions that Arkansas

proposed to make in this amendment pertain to air or water quality

standards. Therefore, we did not ask the EPA to agree on the amendment.

However, we did request comments from the EPA in a letter dated October

7, 1999 (Administrative Record No. AAML-28.01). In a letter dated

November 1, 1999 (Administrative Record No. AAML 28.05), the EPA

responded that it did not identify any provisions in the amendment

which are inconsistent with the programs it administers.

U. S. Fish and Wildlife Service (FWS)

Under section 7 of the Endangered Species Act of 1973, as amended

(16 U.S.C. 1531 et seq), we are required to ask the FWS to determine

whether those provisions of the program amendment that relate to fish,

wildlife, or plants and their habitat are likely to jeopardize the

continued existence of species listed as endangered or threatened

(under the authority of section 4 of the Endangered Species Act of

1973) or result in the destruction or adverse modification of their

habitat. None of the revisions that Arkansas proposed to make in this

amendment pertain to fish, wildlife, or plants and their habitat.

Therefore, we did not ask the FWS for its determination under section 7

of the Endangered Species Act of 1973.

State Historical Preservation Officer (SHPO) and the Advisory Council

on Historic Preservation (ACHP)

Under 30 CFR 884.14(a)(6), we are required to request comments from

the SHPO and ACHP on amendments that may have an effect on historic

properties. On October 7, 1999, we requested comments on Arkansas'

amendment (Administrative Record No. AAML 28.02), but neither responded

to our request.

V. Director's Decision

Based on the above finding, we approve the proposed plan amendment

as submitted by Arkansas on September 22, 1999.

We approve the regulation that Arkansas proposed with the provision

that it be published in identical form to the regulation sent to and

reviewed by OSM and the public. To implement this decision, we are

amending the Federal regulations at 30 CFR Part 904, which codify

decisions concerning the Arkansas plan. We are making this final rule

effective immediately to expedite the State program amendment process

and to encourage Arkansas to bring its plan into conformity with the

Federal standards. SMCRA requires consistency of State and Federal

standards.

VI. 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 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

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)).

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 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: December 29, 1999.

Charles E. Sandberg,

Acting Regional Director,

Mid-Continent Regional Coordinating Center.

For the reasons set out in the preamble, 30 CFR part 904 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 in the table by adding a new entry in

chronological order by ``Date of final publication'' to read as

follows:

Sec. 904.25 Approval of Arkansas abandoned mine land reclamation plan

amendments.

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Original amendment submission Date of final

date publication Citation/description

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September 22, 1999............. January 14, Subheading B.

2000 Identification of

Eligible Lands and

Water [30 CFR

884.13(c)(2)].

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[FR Doc. 00-969 Filed 1-13-00; 8:45 am]

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