Oklahoma Abandoned Mine Land Reclamation Plan

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 936

[SPATS No. OK-015-FOR]

Oklahoma Abandoned Mine Land Reclamation Plan

agency: Office of Surface Mining Reclamation and Enforcement (OSM),

Interior.

action: Proposed rule; public comment period and opportunity for public

hearing.

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summary: OSM is announcing receipt of a proposed amendment to the

Oklahoma abandoned mine land reclamation plan (hereinafter referred to

as the ``Oklahoma plan'') under the Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The proposed amendment pertains to

abandoned mine land reclamation (AMLR) goals and objectives, project

ranking and selection, coordination between reclamation agencies,

reclamation on private land, eligible lands and waters, public

participation, agency administrative and management structure,

reclamation set-aside trust funds, contractor eligibility requirements,

and acid mine drainage projects. The amendment is intended to bring the

Oklahoma AMLR Program into compliance with Federal AMLR regulations. It

will allow the Oklahoma Conservation Commission to participate in AMLR

activities authorized by the Omnibus Budget Reconciliation Act of 1990

and the Energy Policy Act of 1992.

dates: Written comments must be received by 4:00 p.m., c.s.t., January

22, 1996. If requested, a public hearing on the proposed amendment will

be held on January 16, 1996. Requests to speak at the hearing must be

received by 4:00 p.m., c.s.t., on January 5, 1996.

addresses: Written comments and requests to speak at the hearing should

be mailed or hand delivered to Jack R. Carson, Acting Director, Tulsa

Field Office at the address listed below.

Copies of the Oklahoma plan, the proposed amendment, a listing of

any scheduled public hearings, and all written comments received in

response to this document will be available for public review at the

addresses listed below during normal business hours, Monday through

Friday, excluding holidays. Each requester may receive one free copy of

the proposed amendment by contacting OSM's Tulsa Field Office.

Jack R. Carson, Acting Director, Tulsa Field Office, Office of Surface

Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 470,

Tulsa, Oklahoma 74135-6547, Telephone: (918) 581-6430.

Oklahoma Conservation Commission, 2800 N. Lincoln Blvd., Suite 160,

Oklahoma City, Oklahoma 73105-4210, Telephone: (405) 521-2384.

for further information contact: Jack R. Carson, Acting Director, Tulsa

Field Office, Telephone: (918) 581-6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Oklahoma Plan

On January 21, 1982, the Secretary of the Interior approved the

Oklahoma plan. Background information on the Oklahoma plan, including

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

of the plan can be found in the January 21, 1982, Federal Register (47

FR 2989).

II. Description of the Proposed Amendment

By letter dated November 13, 1995 (Administrative Record No. OAML-

63), Oklahoma submitted a proposed amendment to its AMLR plan pursuant

to SMCRA. Oklahoma submitted the proposed amendment in response to a

September 26, 1994, letter from OSM (Administrative Record No. OAML-

65), in accordance with 30 CFR 884.15(d), concerning revisions to the

AML regulations at 30 CFR Chapter VII, Subchapter R (59 FR 28136, May

31, 1994).

Oklahoma proposes to amend its administrative rules at OAC 155:15,

Oklahoma Abandoned Mine Land Program. Oklahoma proposes to amend its

Reclamation Plan at sections 884.13(c)1, Goals and Objectives;

884.13(c)2, Project Ranking and Selection; 884.13(c)3, Interagency

Coordination; 884.13(c)5, Eligible Lands and Waters; 884.13(c)7, Public

Participation; and 884.13(d)1, Administrative and Management Structure.

(1) OAC 155:15, Oklahoma Abandoned Mine Land Reclamation Program Rules

Subsection 1-2, is revised to clarify definitions used later in the

rules. Subsection 1-3, subpart (4) is added to require that contracts

for AML projects only be awarded to successful bidders who are

determined eligible to receive funds by using OSM's Applicant Violator

System. Subsection 1-3 is revised to ensure that certain coal mine

sites damaged and abandoned after August 3, 1977, are eligible for

reclamation funding if the mining (1) took place during the interim

program or (2) ended on or before November 5, 1990, and the surety for

the mining company became insolvent during that period. Changes to

Subsection 1-6 revise the objectives of reclamation project funding and

the priority of those objectives. Objectives (4), Research and

Demonstration, and (7), Construction of Public Facilities, are

eliminated. The priority of order of the other objectives remains

unchanged. Subsection 1-14 is added to allow for the construction,

repair or enhancement of facilities related to water supplies where

such supplies have been adversely affected by coal mining practices.

Subsection 1-15 adds requirements for the establishment of special

trust accounts that will provide for coal reclamation after September

30, 1995. Once established, Oklahoma may then set aside 10% of its

annual grant funding

[[Page 66245]]

for this use. Subsection 1-16 authorizes Oklahoma to receive and retain

funds for Acid Mine Drainage Programs without regard to normal time

limitations and establishes requirements for expenditure of granted

funds.

(2) Section 884.13(c)1 Goals and Objectives

This section is revised to eliminate goal 4 (Research and

Demonstration) and goal 7 (Construction of Public Facilities). The

remaining goals and their priorities are unchanged.

(3) Section 884.13(c)(2) Project Ranking and Selection

A new sentence is added that (1) requires public notices to be

published during the project selection process and (2) outlines

requirements for public meetings and public comment during the

selection process. The ``Project Selection Matrix'' is completely

revised and Table 3 which outlines the project selection decision

process is changed to place the general public into the project

screening process.

(4) Section 884.13(c)(3) Coordination of Reclamation Work Between the

State, the Soil Conservation Service and Other Reclamation Agencies

This section revises the description of the State Reclamation

Committee and its role in the reclamation program.

(5) Section 884.13(c)(5) Policies and Procedures for Reclamation on

Private Land

The subsection ``Eligible Lands and Water'' is revised to add

eligibility for Interim Program and certain Insolvent Surety sites.

(6) Section 884.13(c)(7) Public Participation Policies

The public participation policies are revised to increase public

input into the beginning of the project selection process.

(7) Section 884.13(d)(1) Administrative and Management Structure

Figure 7, which depicts the organizational structure of the

Oklahoma Conservation Commission, is revised to reflect the current

organization. The list of state agencies which may be involved in the

reclamation program is changed to reflect current program operational

practices. Figure 8, Oklahoma Executive Branch Organizational Chart,

has been deleted.

III. Public Comment Procedures

In accordance with the provisions of 30 CFR 884.15(a), OSM is

seeking comments on whether the proposed amendment satisfies the

applicable program approval criteria of 30 CFR 884.14. If the amendment

is deemed adequate, it will become part of the Oklahoma plan.

Written Comments

Written comments should be specific, pertain only to the issues

proposed in this rulemaking, and include explanations in support of the

commenter's recommendations. Comments received after the time indicated

under DATES or at locations other than the Tulsa Field Office will not

necessarily be considered in the final rulemaking or included in the

Administrative Record.

Public Hearing

Persons wishing to speak at the public hearing should contact the

person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,

c.s.t., on January 5, 1996. The location and time of the hearing will

be arranged with those persons requesting the hearing. If no one

requests an opportunity to speak at the public hearing, the hearing

will not be held.

Filing of a written statement at the time of the hearing is

requested as it will greatly assist the transcriber. Submission of

written statements in advance of the hearing will allow OSM officials

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. Persons in the audience who

have not been scheduled to speak, and who wish to do so, will be heard

following those who have been scheduled. The hearing will end after all

persons scheduled to speak and persons present in the audience who wish

to speak have been heard.

Any disabled individual who has need for a special accommodation to

attend a public hearing should contact the individual listed under FOR

FURTHER INFORMATION CONTACT.

Public Meeting

If only one person requests an opportunity to speak at a hearing, a

public meeting, rather than a public hearing, may be held. Persons

wishing to meet with OSM representatives to discuss the proposed

amendment may request a meeting by contacting the person listed under

FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the

public and, if possible, notices of meetings will be posted at the

locations listed under ADDRESSES. A written summary of each meeting

will be made a part of the Administrative Record.

IV. Procedural Determinations

Executive Order 12866

This proposed 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 (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 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

Parts 884 and 888.

National Environmental Policy Act

No environmental impact statement is required for this rule since

agency decisions on proposed State or 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

[[Page 66246]]

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 936

Abandoned mine land reclamation, Intergovernmental relations,

Surface mining, Underground mining.

Dated: December 14, 1995.

Russell Frum,

Acting Regional Director, Mid-Continent Regional Coordinating Center.

[FR Doc. 95-81050 Filed 12-20-95; 8:45 am]

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