Kentucky Abandoned Mine Land Reclamation Plan

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 917

Kentucky 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 a proposed amendment to the Kentucky

abandoned mine land reclamation plan (hereinafter referred to as the

``Kentucky plan'') under the Surface Mining Control and Reclamation Act

of 1977 (SMCRA). Kentucky proposed revisions to Chapter 5 of its plan

pertaining to procedures for coordination of reclamation activities

with the Rural Abandoned Mine Program (RAMP) administered by the U.S.

Department of Agriculture, Soil Conservation Service (SCS). The

amendment is intended to revise the Kentucky plan to improve

operational efficiency.

EFFECTIVE DATE: July 29, 1994.

FOR FURTHER INFORMATION CONTACT: William J. Kovacic, Director,

Lexington Field Office, Office of Surface Mining Reclamation and

Enforcement, 2675 Regency Road, Lexington, Kentucky 40503, Telephone:

(606) 233-2896.

SUPPLEMENTARY INFORMATION:

I. Background on the Kentucky 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 Kentucky Plan

On May 18, 1982, the Secretary of the Interior approved the

Kentucky plan. Background information on the Kentucky plan, including

the Secretary's findings, the disposition of comments, and the approval

of the plan can be found in the May 18, 1982, Federal Register (47 FR

21435). Subsequent actions concerning amendments to the plan can be

found at 30 CFR 917.21.

II. Submission of the Proposed Amendment

By letter dated May 5, 1994 (Administrative Record No. K-64),

Kentucky submitted a proposed amendment to its plan pursuant to SMCRA.

Kentucky submitted the proposed amendment at its own initiative in

accordance with 30 CFR 884.15(a). Kentucky proposed to amend the

policies and procedures in Chapter 5 of its plan pertaining to

coordination of its reclamation program activities with the SCS

administered RAMP reclamation activities. The proposed amendment also

contained editorial revisions to the introductory and Federal

reclamation program sections.

OSM announced receipt of the proposed amendment in the June 3,

1994, Federal Register (59 FR 28823), 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 July 5, 1994.

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.

In accordance with 30 CFR 884.13(c)(3), each proposed State

reclamation plan shall include a narrative description of the policies

and procedures to be followed in conducting the reclamation program

including the coordination of reclamation work with the Rural Abandoned

Mine Program administered by the Soil Conservation Service.

Kentucky proposed to amend the policies and procedures in Chapter 5

of its plan pertaining to coordination of its reclamation program

activities with the SCS administered RAMP reclamation activities. This

amendment was initiated in part due to a finding by the Kentucky

Auditor of Public Accounts in the Statewide Audit for the period ended

June 30, 1992, that the Division of Abandoned Lands (DAL) was not

operating in compliance with the Kentucky plan. Kentucky had

established a ``Kentucky Advisory Committee for Abandoned Mine Land

Reclamation'' to facilitate coordination of program activities with the

RAMP program administered by the SCS. The Auditor determined that the

processes established for the Advisory Committee to coordinate with SCS

were not being followed and observed that the state plan needs to be

revised to reflect current coordination procedures. The Advisory

Committee had proven difficult to assemble, was cumbersome in

operation, and had been disbanded. This amendment deletes reference to

the Kentucky Advisory Committee and establishes policies and procedures

for formal interagency coordination of reclamation activities between

the DAL and the SCS. The meetings of the Kentucky Advisory Committee

are replaced with annual meetings between the DAL and the SCS. During

the annual meetings, the SCS will present proposed RAMP reclamation

projects and overall RAMP plans and goals. Also, the two agencies will

exchange reclamation technique technology information. The DAL will

provide the SCS with individual site specific information for project

proposals through the Kentucky State Clearinghouse process. The SCS

will provide DAL with copies of RAMP documentation provided to OSM.

Contacts between the DAL and the SCS will be initiated by either party

on an as needed basis. In its letter of May 5, 1994 (Administrative

Record No. K-64), Kentucky indicated that these revised policies and

procedures represent a process that has matured over the years into a

format which is both effective and efficient.

The Director finds the proposed policies and procedures at Chapter

5 for coordination between the DAL and the SCS in conducting

reclamation activities meet the requirements of 30 CFR 884.13(c)(3).

IV. Summary and Disposition of Comments

Public Comments

The Director solicited public comments and provided an opportunity

for a public hearing on the proposed amendment. No one requested an

opportunity to speak at a public hearing so no hearing was held.

The Kentucky Resources Council (KRC) filed written comments on July

7, 1994 (Administrative Record No. KY-1301). A summary of those

comments and their disposition is set forth below.

1. The KRC expressed concern that the May 5, 1994, amendment made

no mention of coordination with OSM's AML reclamation efforts. The

Director notes that the narrative description of Kentucky's policies

and procedures for coordination with OSM's reclamation program (page 5-

3 of the Kentucky plan) was approved by OSM on May 18, 1982 (47 FR

21435), and Kentucky proposed no substantive changes to the Federal

reclamation program section of Chapter 5.

2. The KRC also commented that the coordination procedures should

be incorporated into a formal document among the agencies that

memorializes the commitments made in the May 5, 1994, submittal and

recommended only provisional approval of the amendment subject to

submittal of a memorandum of understanding or memorandum of agreement

executed by representative of OSM, DAL and SCS. The Director finds that

the Federal regulations at 30 CFR 884.13(c)(3) do not require the

states to execute those types of formalized agreements with OSM and

SCS.

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 Kentucky plan. No federal

agency comments were received.

Environmental Protection Agency (EPA)

Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the

written concurrence of the EPA with respect to those provisions of the

proposed plan amendment which relate to air or water quality standards

promulgated under the authority of the Clean Air Act (42 U.S.C. 7401 et

seq.) or the Clean Water Act (33 U.S.C. 1252 et seq.). The Director has

determined that this amendment contains no provisions in these

categories and that EPA's concurrence is not required.

V. Director's Decision

Based on the above finding, the Director approves the proposed plan

amendment as submitted by Kentucky on May 5, 1994.

The Federal regulations at 30 CFR Part 917, codifying decisions

concerning the Kentucky 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.

Effect of Director's Decision

Section 503 of SMCRA provides that a State may not exercise

jurisdiction under SMCRA unless the State program is approved by the

Secretary. Similarly, 30 CFR 884.15(a) requires that any alteration of

an approved State reclamation plan be submitted to OSM for review as a

program amendment. Thus, any changes to the State reclamation plan are

not enforceable until approved by OSM. In the oversight of the Kentucky

plan, the Director will recognize only the statutes, regulations and

other materials approved by OSM, together with any consistent

implementing policies, directives and other materials, and will require

the enforcement by Kentucky of only such provisions.

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 12778

The Department of the Interior has conducted the reviews required

by section 2 of Executive Order 12778 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 adopted by a specific State or Tribe, not by OSM.

Decisions on proposed State and Tribal abandoned mine land reclamation

plans and revisions thereof 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 the Federal regulations at

30 CFR Parts 884 and 888.

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 the Office of Management and Budget 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.

List of Subjects in 30 CFR Part 917

Intergovernmenal relations, Surface mining, Underground mining.

Dated: July 22, 1994.

Patricia P. Acker,

Acting Assistant Director, Eastern 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 917--KENTUCKY

1. The authority citation for part 917 continues to read as

follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 917.21 is amended by adding paragraph (d) to read as

follows:

Sec. 917.21 Approval of abandoned mine land reclamation plan

amendments.

* * * * *

(d) The following amendment pertaining to the Kentucky abandoned

mine land reclamation plan, as submitted to OSM on May 5, 1994, is

approved effective July 29, 1994:

Chapter 5......................... Coordination with Ramp, Indian, and

Other Reclamation Programs.

[FR Doc. 94-18500 Filed 7-28-94; 8:45 am]

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