Kansas Regulatory Program and Abandoned Mine Land Reclamation Plan

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 916

[SPATS No. KS-017-FOR]

Kansas Regulatory Program and 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

Kansas program and Abandoned Mine Land Reclamation Plan (hereinafter

the ``Kansas program'') under the Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The proposed amendment consists of

revisions to Kansas' regulations for its regulatory program and

abandoned mine land reclamation plan pertaining to communications,

petitions to initiate rulemaking, notice of citizen suits, preparation

and submission of reports by the permittee, definitions, permit

applications, administrative hearing procedures, civil penalties,

permit review, permit revision, permit renewals, permit transfers,

assignments, and sales, permit conditions, permit suspension or

revocation, termination of jurisdiction, exemption for coal extraction

incident to government-financed highway or other construction,

exemption for coal extraction incidental to the extraction of other

minerals, coal exploration, bonding procedures, performance standards,

revegetation, interim performance standards, underground mining, small

operator assistance program, lands unsuitable for surface mining,

training, certification, and responsibilities of blasters and

operators, employee financial interest, inspection and enforcement,

eligible lands and water, reclamation project evaluation, consent to

entry, liens, appraisals, contractor responsibility, exclusion of

certain noncoal reclamation sites, and abandoned mine land reclamation

plan reports. The amendment is intended to revise the Kansas program to

be consistent with the corresponding Federal regulations.

This document sets forth the times and locations that the Kansas

program and proposed amendment to that program are available for public

inspection, the comment period during which interested persons may

submit written comments on the proposed amendment, and the procedures

that will be followed regarding the public hearing, if one is

requested.

DATES: Written comments must be received by 4:00 p.m., c.d.t., July 7,

1997. If requested, a public hearing on the proposed amendment will be

held on June 30, 1997. Requests to speak at the hearing must be

received by 4:00 p.m., c.d.t. on June 19, 1997.

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

be mailed or hand delivered to Russell W. Frum, Mid-Continent Regional

Coordinating Center, at the address listed below.

Copies of the Kansas program, 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 Mid-Continent Regional

Coordinating Center.

Russell W. Frum, Mid-Continent Regional Coordinating Center, Office

of Surface Mining Reclamation and Enforcement, Alton Federal Building,

501 Belle Street, Alton, Illinois, 62002, Telephone: (618) 463-6460.

Kansas Department of Health and Environment, Surface Mining

Section, 4033 Parkview Drive, Frontenac, Kansas 66763, Telephone (316)

231-8540.

FOR FURTHER INFORMATION CONTACT: Russell W. Frum, Mid-Continent

[[Page 30536]]

Regional Coordinating Center, Telephone: (618) 463-6460.

SUPPLEMENTARY INFORMATION:

I. Background on the Kansas Program

On January 21, 1981, the Secretary of the Interior conditionally

approved the Kansas program. Background information on the Kansas

program, including the Secretary's findings, the disposition of

comments, and the conditions of approval can be found in the January

21, 1981, Federal Register (46 FR 5892). Subsequent actions concerning

the Kansas program can be found at 30 CFR 916.10, 916.12, 916.15, and

916.16.

II. Description of the Proposed Amendment

By letter dated May 7, 1997 (Administrative Record No. KS-615),

Kansas submitted a proposed amendment to its program pursuant to SMCRA.

Kansas submitted the proposed amendment in response to letters dated

May 20, 1996, and January 6, 1997 (Administrative Record Nos. KS-608

and KS-612, respectively), that OSM sent to Kansas in accordance with

30 CFR 732.17(c), in response to a letter dated September 26, 1994

(Administrative Record No. AML-KS-169), that OSM sent to Kansas in

accordance with 30 CFR 884.25(b), and at its own initiative. Kansas

proposes to amend the Kansas Administrative Regulations (K.A.R.). The

full text of the proposed program amendment submitted by Kansas is

available for public inspection at the locations listed above under

ADDRESSES. A brief discussion of the proposed amendment is presented

below.

A. Kansas Regulatory Program

1. Regulations Proposed for Revocation or Deletion

Kansas proposes to revoke or delete the following sections of the

K.A.R.: 47-1-1, title of rules; 47-1-4, sessions; 47-1-10, general

notice requirement; 47-2-14, definition of complete and accurate

application; 47-4-14, public hearings; 47-4-14a(b)(2), definition of

person; and 47-4-14a (d)(4)(G), (d)(5)(B)(i), (d)(17)(C), formal

hearings;

2. Regulations with Editorial Changes

Kansas proposes minor wording changes, paragraph notation changes,

citation corrections, and other editorial changes in the following

sections of the K.A.R.: 47-1-3, communication; 47-1-8, petitions to

initiate rulemaking; 47-1-9, notice of citizen suits, 47-1-11,

permittee preparation and submission of reports; 47-2-21, definition of

employee; 47-2-53, definition of regulatory authority or state

regulator authority; 47-2-53a, definition of regulatory program; 47-2-

58, definition of significant, imminent, environmental harm to land,

air or water resources; 47-2-64, definition of state act; 47-2-67,

definition of surety bond; 47-2-74, definition of public road; 47-3-1,

application for mining permit; 47-3-3a, permit application maps; 47-3-

42, application for mining permit; 47-4-14a(a)(2), administrative

hearing procedure; 47-4-14a(b), definition of party; 47-4-14a(c), rules

of procedure; 47-4-14a(d), formal hearings; 47-4-15, administrative

hearings--discovery; 47-4-16, interim orders for temporary relief; 47-

4-17, administrative hearings--award of costs; 47-5-5a, civil

penalties; 47-5-16, final assessment and payment of civil penalty; 47-

6-1, permit review; 47-6-2, permit revision; 47-6-3, permit renewals;

47-6-4, permit transfers, assignments, and sales; 47-6-6, permit

conditions; 47-6-7, permit suspension or revocation; 47-6-9, exemption

for coal extraction incident to government-financed highway or other

construction; 47-6-10, exemption for coal extraction incidental to the

extraction of other minerals; 47-7-2, coal exploration; 47-8-9, bonding

procedures; 47-8-11, use of forfeited bond funds; 47-9-1, performance

standards; 47-9-2, revegetation; 47-9-4, interim performance standards;

47-10-1, underground mining; 47-11-8, small operator assistance

program; 47-12-4, lands unsuitable for surface mining; 47-13-4,

training, certification, and responsibilities of blasters and

operators; 47-13-5, responsibilities of operators and blasters-in-

charge; 47-13-6, training; 47-14-7, employee financial interests; 47-

15-1a, inspection and enforcement; 47-15-3, lack of information--

inability to comply; 47-15-4, injunctive relief; 47-15-7, state

inspections; 47-15-8, citizen's requests for state inspections; 47-15-

15, service of notices of violations and cessation orders; and 47-15-

17, maintenance of permit areas. Substantive revisions included in

these regulations are summarized below.

3. K.A.R. 47-2-75, Definitions

a. Kansas proposes to revise its adoption by reference of

applicable Federal definitions contained in 30 CFR 700.5, 701.5, 705.5,

773.5, and 846.5 from as they existed on July 1, 1990, to as they

existed on July 1, 1995.

b. Kansas proposes to revise its definition of director at K.A.R.

47-2-75(a)(5) [was 47-2-75(a)(6)] by referencing additional sections of

the Federal regulations for which the term ``director'' means the

Director, Office of Surface Mining, Reclamation, and Enforcement. The

additional referenced sections are 30 CFR 705.4(a), 705.11(c) and (d),

705.13, 705.15, 705.19(a), and 705.21.

c. At K.A.R. 47-2-75(e)(6), Kansas proposes to revise its adoption

by reference of 30 CFR 846.5 by specifying that the reference to

``Section 703 of the act'' shall be replaced by ``K.S.A. 1995 Supp. 75-

2973.''

4. K.A.R. 47-3-2(b), Application for Mining Permit

At K.A.R. 47-3-2(b), Kansas proposes to revise its adoption by

reference of applicable Federal regulations concerning permit

applications at 30 CFR 777.11, 777.13, 777.14, and 777.15 from as they

existed on July 1, 1990, to as they existed on July 1, 1995.

5. K.A.R. 47-3-42, Application for Mining Permit

a. At K.A.R. 47-3-42(a), Kansas proposes to revise its adoption by

reference of applicable Federal regulations concerning permit

applications at 30 CFR Parts 773, 778, 779, 780, and 785 from as they

existed on July 1, 1990, to as they existed on July 1, 1995.

b. At K.A.R. 47-3-42(a)(2), in its adoption by reference of 30 CFR

778.14, Kansas proposes to specify that the term ``act'' shall mean

``the surface mining control and reclamation act of 1977 (Pub. L. 95-

87)'' and amendments thereto.

c. At K.A.R. 47-3-42(a)(15), Kansas proposes to remove its adoption

by reference of 30 CFR 779.22, land-use information.

d. At K.A.R. 47-3-42(a)(17), Kansas proposes to adopt by reference

30 CFR 780.4.

e. At K.A.R. 47-3-42(a)(43), Kansas proposes to add a clarifying

statement to its adoption by reference of 30 CFR 773.15. The statement

reads as follows:

Only in paragraph 30 CFR 773.15(b) shall the term ``act'' mean

``surface mining control and reclamation act of 1977 (Pub. L. 95-

87)'' and amendments thereto. All other references to the term

``act'' in 30 CFR 773.15 shall be replaced with ``state act.''

f. AT K.A.R. 47-3-42(a)(45), Kansas proposes to add a clarifying

statement to its adoption by reference of 30 CFR 773.20. The statement

reads as follows:

except in subsection (c)(2) ``43 CFR 4.1370 through 4.1377, where

OSM is the regulatory author, or under the State program equivalent,

where a state is the regulatory authority'' shall be replaced by

``K.A.R. 47-4-14a''

[[Page 30537]]

g. At K.A.R. 47-3-42(a)(47), Kansas proposes to adopt 30 CFR 773.22

by reference.

h. At K.A.R. 47-3-42(a)(48), Kansas proposes to adopt 30 CFR 773.23

by reference.

i. At K.A.R. 47-3-42(a)(49), Kansas proposes to adopt 3 CFR 773.24

by reference with exceptions that replace certain Federal Terms and

citations with the appropriate State terms and citations and by

providing the State address where an individual may submit information

on a challenge of the status of a State violation.

j. At K.A.R. 47-3-42(a)(50), Kansas proposes to adopt 30 CFR 773.25

by reference with exceptions that replace certain Federal terms and

citations with the appropriate State terms and citations. Kansas is

also proposing to replace 30 CFR 773.25(b) with K.A.R. 47-3-

42(a)(50)(B) which authorizes the secretary of the Kansas Department of

Health and Environment or his designee to make decisions concerning

ownership or control relationships within Kansas' coal mining

applications, issued permits, and state violations.

6. K.A.R. 47-4-14a, Administrative Hearing Procedures

a. At K.A.R. 47-4-14a(c)(2), Kansas proposes to change the

information on where to file administrative hearing documents. All

documents are to be filed with the administrative appeals section of

the Kansas Department of Health and Environment, suite 400D, 109 SW

9th, Topeka, Kansas 66612-1215.

b. At K.A.R. 47-4-14a(d)(2)(D), concerning disqualification of a

presiding officer, Kansas proposes to add a new provision that reads as

follows:

In the event that the presiding officer fails to grant a

petition for disqualification, the petitioning party may file an

affidavit of personal bias or disqualification with substantiating

facts, and the matter of disqualification shall be determined by the

secretary.

c. At K.A.R. 47-4-14a(d)(6)(E)(iv), Kansas proposes to add a

provision that requires notice of a formal hearing to be posted at the

surface mining section office and, where practicable, be published in a

newspaper of general circulation in the area of the mine at least seven

days prior to the hearing.

d. At K.A.R. 47-4-14a(d)(15), Kansas proposes to allow the

presiding officer or secretary or secretary's designee to take action

on a petition for stay either before or after the effective date of an

initial or final order.

7. K.A.R. 47-4-15, Administrative Hearings--Discovery

At K.A.R. 47-4-15, Kansas proposes to add an introductory statement

regarding discovery in administrative hearings: ``Discovery shall be

permitted to the extent allowed by the presiding officer or as agreed

to by the parties.''

8. K.A.R. 47-5-5a, Civil Penalties

a. At K.A.R. 47-5-5a(a), Kansas proposes to revise its adoption by

reference of applicable Federal regulations concerning civil penalties

at 30 CFR 845.11, 845.12, 845.13, 845.14, 845.15, 845.16, 845.17,

845.18, 845.19, and Part 846 from as they existed on July 1, 1990, to

as they existed on July 1, 1995.

b. At K.A.R. 45-5-5a(a)(10), Kansas proposes exceptions to its

adoption of 30 CFR Part 846 by replacing certain Federal terms and

citations with the appropriate State terms and citations. Kansas also

proposes to adopt by reference 30 CFR 870.15(e)(1)-(5), (f), and (g) as

they relate to 30 CFR 846.18(d) with the exception of the sentence in

paragraph (f) that specifies that ``[t]his penalty is in addition to

the interest described in paragraph (c) of this section.''

c. At K.A.R. 47-5-5a(b)(13) through (20), Kansas proposes to add

more State terms that will replace specified Federal terms wherever

they appear in the text of the Federal regulations, concerning civil

penalties, adopted by reference under K.A.R. 47-5-5a(a).

d. Kansas proposes to revise K.A.R. 47-5-5a(c)(5), concerning the

burden of proof in civil penalty proceedings, by requiring that the

department have the burden of going forward to establish a prima facie

case as to the fact of the violation, the amount of the civil penalty,

and the ultimate burden of persuasion as to the amount of the civil

penalty and that the person who petitioned for review have the ultimate

burden of persuasion as to the fact of the violation.

e. Kansas proposes to revise K.A.R. 47-5-5a(c)97)(C), concerning

the initial order of the presiding officer, by requiring the presiding

officer to order the department to remit the appropriate amount to the

person who made the payment within 30 days of receipt of the order

finding no violation or reducing the penalty paid.

f. Kansas proposes to revise K.A.R. 47-5-5a(c)(7)(D) by requiring

that if the presiding officer increases the amount of the civil penalty

above that of the proposed assessment, the presiding officer is to

order payment of the appropriate amount within 15 days after an order

increasing the civil penalty if mailed.

9. K.A.R. 47-6-3, Permit Renewals

At K.A.R. 47-6-3(a), Kansas proposes to revise its adoption by

reference of 30 CFR 774.15, concerning permit renewals, from as they

existed on July 1, 1990, to as they existed on July 1, 1995.

10. K.A.R. 47-6-4, Permit Transfers, Assignments, and Sales

At K.A.R. 47-6-4(b), Kansas proposes to revise its adoption by

reference of 30 CFR 774.17, concerning transfer, assignments, or sale

of permit rights, from as they existed on July 1, 1990, to as they

existed on July 1, 1995.

11. K.A.R. 47-6-6, Permit Conditions

At K.A.R. 47-6-6(a), Kansas proposes to revise its adoption by

reference of 30 CFR 773.17, concerning permit conditions, from as they

existed on July 1, 1990, to as they existed on July 1, 1995.

12. K.A.R. 47-6-7, Permit Suspension or Revocation

Kansas proposes to revise K.A.R. 47-6-7(h)(1) by requiring a party

to file a notice of appeal of an initial order in a suspension or

revocation proceeding with the secretary within 15 days after receipt

of the order.

13. K.A.R. 47-6-9, Exemption for Coal Extraction Incident to

Government-Financed Highway or Other Construction

At K.A.R. 47-6-9(a), Kansas proposes to revise its adoption by

reference of the Federal regulations at 30 CFR 707.4, 707.5, 707.11,

and 707.12 from as they existed on July 1, 1990, to as they existed on

July 1, 1995.

14. K.A.R. 47-6-10, Exemption for Coal Extraction Incidental to the

Extraction of Other Minerals

At K.A.R. 47-6-10(a), Kansas proposes to revise its adoption by

reference of the Federal regulations at 30 CFR 702.1, 702.5, 702.10,

702.11, 702.12, 702.13, 702.14, 702.15, 702.16, 702.17, and 702.18 from

as they existed on July 1, 1990, to as they existed on July 1, 1995.

15. K.A.R. 47-7-2, Coal Exploration

At K.A.R. 47-7-2(a), Kansas proposes to revise its adoption by

reference of the Federal regulations 30 CFR 772.11, 772.12, 772.13,

772.14, and 772.15 from as they existed on July 1, 1990, to as they

existed on July 1, 1995.

[[Page 30538]]

16. K.A.R. 47-8-9, Bonding Procedures

At K.A.R. 47-8-9(a), Kansas proposes to revise its adoption by

reference of the Federal regulations 30 CFR 800.4, 800.5, 800.11,

800.12, 800.13, 800.14, 800.15, 800.16, 800.17, 800.20, 800.21, 800.30,

800.40, 800.50, and 800.60 from as they existed on July 1, 1990, to as

they existed on July 1, 1995.

17. K.A.R. 47-9-1, Performance Standards

a. At K.A.R. 47-9-1(a), Kansas proposes to revise its adoption by

reference of applicable Federal regulations 30 CFR 810 from as they

existed on July 1, 1990, to as they existed on July 1, 1995. At K.A.R.

47-9-1(a)(3), Kansas proposes to add an exception to the adoption of 30

CFR 810.11: the reference to ``parts 815 through 828'' shall be

replaced by their counterpart in K.A.R. 47-9-1. Kansas also proposes to

add exceptions at new subsection (a)(5): the phrases ``every state

program'' and ``the applicable regulatory program'' shall be replaced

by ``the regulatory program.''

b. At K.A.R. 47-9-1(b), Kansas proposes to revise its adoption by

reference of applicable Federal regulations 30 CFR Part 815 from as

they existed on July 1, 1990, to as they existed on July 1, 1995.

c. K.A.R. 47-9-1(c), Surface Coal Mining Performance Standards. (1)

At K.A.R. 47-9-1(c), Kansas proposes to revise its adoption by

reference of applicable Federal regulations 30 CFR 816 from as they

existed on July 1, 1990, to as they existed on July 1, 1995.

(2) Kansas proposes an exception to its adoption of 30 CFR 816.61

at subsection (c)(17): the term ``subchapter'' shall not be replaced by

K.A.R. 47-9-1(c), and everything but the statement ``all blasting

operations shall be conducted under the direction of a certified

blaster'' shall be deleted from 30 CFR 816.61(c)(1).

(3) Kansas proposes to delete the existing language in subsection

(c)(35) and to add new subsection (c)(35) to adopt 30 CFR 816.101,

backfilling and grading time and distance requirements, by reference.

The rest of the paragraphs in subsection (c) were renumbered to reflect

this addition.

(4) Kansas proposes to add its adoption by reference of 30 CFR

816.102 to new subsection (c)(36) with an exception: subsections

(k)(3)(i) and (ii) of 30 CFR 816.102 are deleted.

(5) At redesignated subsection (c)(43), Kansas proposes to remove

previously approved exceptions to its adoption by reference of 30 CFR

816.116. These exceptions are deletion of editorial note ``3'' and

specific language in 30 CFR 816.116(c)(2).

(6) Kansas also proposes to add additional requirements at

subsection (c)(43) in its adoption by reference of 30 CFR 816.116(a)

and (c)(4).

Subsection (a)(3) is added specifying that the data being used for

bond release shall be submitted to the department annually. The data is

to include information for the last augmented seeding, which shall

start the extended liability period. The planting reports, including

soil tests, are to be submitted by March 31, of the year following the

year in which the soil tests were performed. The production and ground

cover data are to be submitted within 30 days of the date that the

production and ground cover were sampled. Ground cover shall include

species identification. Raw field data may be submitted to fulfill this

requirement. The tabulated results shall then be submitted by March 31

of the following year. All data shall be clearly identified as to the

bond release management area that it represents.

Subsection (c)(4)(i) is revised to add language concerning normal

husbandry practices: The normal husbandry practices used to repair

gullies shall be approved in advance by the United States Department of

the Interior, Office of Surface Mining Reclamation and Enforcement.

(7) In its adoption of 30 CFR 816.133, postmininig land use, at

K.A.R. 47-9-1(c)(46), Kansas proposes to delete subsection (d).

(8) At K.A.R. 47-1-9(d)(3), Kansas proposes to delete 30 CFR

816.107, steep slope backfilling and grading, from its adoption by

reference of 30 CFR 816.116.

e. K.A.R. 47-1-9(e), Underground Mining Performance Standards. (1)

At K.A.R. 47-9-1(e), Kansas proposes to revise its adoption by

reference of applicable Federal regulations at 30 CFR Part 817 from as

they existed on July 1, 1990, to as they existed on July 1, 1995.

(2) Kansas proposes an exception to its adoption of 30 CFR 817.61

at K.A.R. 47-1-9(e)(17): the term ``subchapter'' shall not be replaced

by K.A.R. 47-9-1(d), and everything but the statement ``all blasting

operations shall be conducted under the direction of a certified

blaster'' shall be deleted from 30 CFR 817.61(c)(1).

(3) Kansas also proposes to add additional requirements at K.A.R.

47-9-1(e)(39) in its adoption by reference of 30 CFR 817.116(a).

Subsection (a)(3) is added specifying that the data being used for bond

release shall be submitted to the department annually. The data is to

include information for the last augmented seeding, which shall start

the extended liability period. The planting reports, including soil

tests, are to be submitted by March 31, of the year following the year

in which the soil tests were performed. The production and ground water

cover data are to be submitted within 30 days of the date that the

production and ground cover were sampled. Ground cover shall include

species identification. Raw field data may be submitted to fulfill this

requirement. The tabulated results shall then be submitted by March 31

of the following year. All data shall be clearly identified as to the

bond release management area that it represents.

(4) In its adoption of 30 CFR 817.133, postmining land use, at

K.A.R. 47-9-1(e)(44), Kansas proposes to delete subsection (d).

f. K.A.R. 47-9-1(f), Auger Mining Performance Standards. At K.A.R.

47-9-1(f), Kansas proposes to revise its adoption by reference of

applicable Federal regulations at 30 CFR Part 819 from as they existed

on July 1, 1990, to as they existed on July 1, 1995.

g. K.A.R. 47-9-1(g), Prime Farmland Special Performance Standards.

At K.A.R. 47-9-1(g), Kansas proposes to revise its adoption by

reference of applicable Federal regulations at 30 CFR Part 823 from as

they existed on July 1, 1990, to as they existed on July 1, 1995.

h. K.A.R. 47-9-1(h), Coal Preparation Plants not Located within the

Permit Area of a Mine Performance Standards. At K.A.R. 47-9-1(h),

Kansas proposes to revise its adoption by reference of applicable

Federal regulations at 30 CFR Part 827 from as they existed on July 1,

1990, to as they existed on July 1, 1995.

i. K.A.R. 47-9-1(i), In Situ Processing Special Performance

Standards. At K.A.R. 47-9-1(i), Kansas proposes to revise its adoption

by reference of applicable Federal regulations at 30 CFR Part 828 from

as they existed on July 1, 1990, to as they existed on July 1, 1995.

j. At. K.A.R. 47-9-1(j), Kansas revised its list of terms that

replaces terms in the Federal regulations adopted by reference under

K.A.R. 47-9-1. At subsection (j)(8), any reference to ``Part 816'' is

replaced by ``K.A.R. 47-9-1(c).'' At subsection (j)(9), any reference

to ``Part 817'' is replaced by ``K.A.R. 47-9-1(d).''

18. K.A.R. 47-9-4, Interim Performance Standards

At K.A.R. 47-9-4(a), Kansas proposes to revise its adoption by

reference of applicable Federal regulations at 30 CFR Parts 710, 715,

and 716 from as they existed on July 1, 1990, to as they existed on

July 1, 1995.

[[Page 30539]]

19. K.A.R. 47-10-1, Underground Mining

At K.A.R. 47-10-1(a), Kansas proposes to revise its adoption by

reference of applicable Federal regulations at 30 CFR Parts 783 and 784

from as they existed on July 1, 1990, to as they existed on July 1,

1995. Kansas further proposes to last the actual Federal regulation

sections adopted rather than listing the sections not included in its

adoption by reference of 30 CFR Parts 783 and 784.

20. K.A.R. 47-11-8, Small Operator Assistance Program

At K.A.R. 47-11-8(a), Kansas proposes to revise its adoption by

reference of applicable Federal regulations at 30 CFR Part 795 from as

they existed on July 1, 1990, to as they existed on July 1, 1995.

21. K.A.R. 47-12-4, Lands Unsuitable for Surface Mining

a. At K.A.R. 47-12-4(a), Kansas proposes to revise its adoption by

reference of applicable Federal regulations at 30 CFR Parts 761, 762,

and 764 from as they existed on July 1, 1990, to as they existed on

July 1, 1995.

b. Kansas proposes to revise K.A.R. 47-12-4(a)(6), which adopts 30

CFR 762.12 by reference, by specifying that the term ``secretary''

shall mean the ``secretary of the United States Department of

Interior.''

22. K.A.R. 47-13-4, Training, Certification, and Responsibilities of

Blasters and Operators

a. At K.A.R. 47-13-4(a), Kansas proposes to revise its adoption by

reference of applicable Federal regulations at 30 CFR Part 850 from as

they existed on July 1, 1990, to as they existed on July 1, 1995.

b. Kansas proposes to remove existing K.A.R. 47-13-4(b)(2) and (3)

and to renumber paragraphs (b)(4) through (6) as (b)(2) through (3).

23. K.A.R. 47-14-7, Employee Financial Interests

At K.A.R. 47-14-7(a), Kansas proposes to revise its adoption by

reference of applicable Federal regulations at 30 CFR Part 705 from as

they existed on July 1, 1990, to as they existed on July 1, 1995.

24. K.A.R. 47-15-1a, Inspection and Enforcement

a. At K.A.R. 47-15-1a(a), Kansas proposes to revise its adoption by

reference of applicable Federal regulations at 30 CFR Parts 840, 842,

and 843 from as they existed on July 1, 1990, to as they existed on

July 1, 1995.

b. K.A.R. 47-15-1a(b), Kansas revised its list of terms that

replaces terms in the Federal regulations adopted by reference under

K.A.R. 47-15-1a by adding paragraphs (b)(20) and (b)(21). Paragraph

(b)(20) specifies that the term ``Director'' shall be replaced by

``secretary,'' and paragraph (b)(21) specifies that the reference to

``30 CFR 843.15(e)'' shall be replaced by ``An informal public hearing

shall be conducted in accordance with K.A.R. 47-4-14a.''

B. Kansas Abandoned Mine Land Reclamation Plan

1. Regulations with Editorial Changes

Kansas proposes minor working changes, paragraph notation changes,

citation corrections, and other editorial changes in the following

sections of the K.A.R.: 47-16-1, eligible lands and water; 47-16-2,

reclamation project evaluation; 47-16-3, consent to entry; 47-16-4,

entry for study or exploration; 47-16-5, entry and consent to reclaim;

47-16-6, liens; 47-16-7, appraisals; and 47-16-8, satisfaction of

liens. Substantive revisions included in these regulations are

summarized below.

2. K.A.R. 47-16-5, Entry and Consent to Reclaim

Kansas proposes to revise K.A.R. 47-16-5(b)(1) to read as follows:

(1) Before entry a written finding shall be made by the

Secretary with reasons supporting the following conclusions: (A) an

emergency exists constituting a danger to the public health, safety,

or general welfare; and (B) no other person or agency will act

expeditiously to restore, reclaim, abate, control, or prevent the

adverse effects of coal mining practices.

3. K.A.R. 47-16-9, Contractor Responsibility

Kansas proposes to add a new section that requires each successful

bidder for an abandoned mine land reclamation project contract to be

eligible under 30 CFR 772.15(b)(1), as adopted by reference in K.A.R.

47-3-42(a)(44), at the time of contract award to receive permit or

conditional permit to conduct surface coal mining operations

4. K.A.R. 47-16-10, Exclusion of Certain Noncoal Reclamation Sites

Kansas proposes to add a new section which excludes certain

nonncoal sites from being reclaimed with money from the abandoned mine

land funds and which specifies contractor eligibility requirements for

reclamation of noncoal sites.

K.A.R. 47-16-10(a)(1) excludes the reclamation of sites and areas

designated for remedial action pursuant to the Uranium Mill Tailings

Radiation Control Act of 1978, K.A.R. 47-16-10(a)(2) excludes sites

listed for remedial action pursuant to the Comprehensive Environmental

Response Compensation and Liability Act of 1980.

K.A.R. 47-16-10(b)(1) requires that each successful bidder for an

abandoned mine land reclamation project contract for noncoal

reclamation to be eligible under 30 CFR 773.15(b)(1), as adopted by

reference in K.A.R. 47-3-42(a)(44), at the time of contract award to

receive a permit or conditional permit to conduct surface coal mining

operations.

K.A.R. 47-16-10(b)(2) requires that bidder eligibility for each

contract be confirmed by the Office of Surfaced Mining's automated

applicant violator system.

5. K.A.R. 47-16-11, Reports

Kansas proposes a new section which specifies the reports that must

be submitted to the Office of Surface Mining Reclamation and

Enforcement on a semiannual and annual basis and upon project

completion.

K.A.R. 47-16-11(a) requires Kansas to submit semiannually a

financial status report, form SF-269, for the department's

administrative grant and/or cooperative agreement; a performance

report, form OSM-51, covering the performance aspect of the grant and/

or cooperative agreement; an outlay report and request for

reimbursement for construction programs, form SF-271, and a performance

report, form OSM-51, for each activity or project on which some work as

occurred.

K.A.R. 47-16-(b) requires Kansas to submit annually a financial

status report, form SF-269, for the department's administrative grant

and/or cooperate agreement; a final performance report, form OSM-51,

covering the performance aspects of the grant and/or cooperative

agreement; an annual outlay report and request for reimbursement for

construction program, form SF-271; and a cumulative annual performance

report, form OSM-51.

K.A.R. 47-16-11(c) requires Kansas to submit form OSM-76 upon

project completion to report the accomplishments achieved through the

project.

III. Public Comment Procedures

In accordance with the provisions of 30 CFR 732.17(h), OSM is

seeking comments on whether the proposed amendment satisfies the

applicable program approval criteria of 30 CFR 732.15. If the amendment

is deemed

[[Page 30540]]

adequate, it will become part of the Kansas program.

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 Mid-Continent Regional

Coordinating Center 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.d.t. on June 19, 1997. The location and time of the hearing will be

arranged with those persons requesting the hearing. Any disabled

individuals who has need for a special accommodation to attend

accommodation to attend a public hearing should contact the individual

listed under FOR FURTHER INFORMATION CONTACT. 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.

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 rule is exempted from review by the Office of Management and

Budget (OMB) 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 regulatory programs and program amendments since each such

program is drafted and promulgated by a specific State, not by OSM.

Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and 30

CFR 730.11, 732.15, and 732.17(h)(10), decisions on proposed State

regulatory programs and program amendments submitted by the States must

be based solely on a determination of whether the submittal is

consistent with SMCRA and its implementing Federal regulations and

whether the other requirements of 30 CFR Parts 730, 731, and 732 have

been met.

National Environmental Policy Act

No environmental impact statement is required for this rule since

section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency

decisions on proposed State regulatory program provisions do not

constitute major Federal actions within the meaning of section

102(2)(C) of the National Environmental Policy Act (42 U.S.C.

4332(2)(C)).

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 State submittal which is the subject of this rule is based upon

counterpart 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 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 for the counterpart Federal regulations.

Unfunded Mandates

This rule will not impose a cost of $100 million or more in any

given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 916

Intergovernmental relations, Surface mining, Underground mining.

Dated: May 23, 1997.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.

[FR Doc. 97-14548 Filed 6-3-97; 8:45 am]

BILLING CODE 4310-05-M