Arkansas' Abandoned Mine Land Reclamation Plan

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.

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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]

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