Oklahoma Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 936

[SPATS No. OK-022-FOR]

Oklahoma Regulatory Program

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 Oklahoma regulatory

program (hereinafter referred to as the ``Oklahoma program'') under the

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Surface Mining Control and Reclamation Act of 1977 (SMCRA). Oklahoma

proposed revisions to its regulations pertaining to normal husbandry

practices and nonaugmentative reclamation activities. The amendment

identifies seeding, planting, fertilizing, and other practices that may

be performed without restarting the five-year period of operator

responsibility for reclamation success.

EFFECTIVE DATE: August 10, 1998.

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, Oklahoma 74135-6548.

Telephone: (918) 581-6430, extension 23. Internet: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Oklahoma Program

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 Oklahoma Program

On January 19, 1981, the Secretary of the Interior conditionally

approved the Oklahoma program. Background information on the Oklahoma

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

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

19, 1981, Federal Register (46 FR 4902). Subsequent actions concerning

the conditions of approval and program amendments can be found at 30

CFR 936.15 and 936.16.

II. Submission of the Proposed Amendment

By letter dated July 3, 1997 (Administrative Record No. OK-978),

Oklahoma submitted an amendment to its program pursuant to SMCRA.

Oklahoma submitted the amendment at its own initiative. Oklahoma

amended the Oklahoma Administrative Code (OAC) for surface mining

operations at OAC 460:20-43-46(c)(4) and underground mining operations

at OAC 460:20-45-46(c)(4) by adding normal husbandry practice and

nonaugmentative reclamation activity criteria. The normal husbandry

practice criteria relate to the levels of reseeding, fertilizing,

liming, weed and pest control, mulching, irrigation, pruning,

transplanting and replanting trees and shrubs, and repair of rills and

gullies that may be performed without restarting the five-year period

of operator responsibility for reclamation success. The nonaugmentative

reclamation activity criteria relate to liming, fertilization,

mulching, seeding or stocking of areas where temporary roads and

sediment control structures are removed and of areas unavoidably

disturbed because of third-party activities or interference.

OSM announced receipt of the proposed amendment in the August 8,

1997, Federal Register (62 FR 42715), and in the same document opened

the public comment period and provided an opportunity for a public

hearing or meeting on the adequacy of the amendment. The public comment

period closed on September 8, 1997. Because no one requested a public

hearing or meeting, none was held.

During its review of the amendment, OSM identified concerns in OAC

460:20-43-46(c)(4) and 460:20-45-46(c)(4) relating to the requirement

that OSM approve normal husbandry practices used in the State; OAC

460:20-43-46(c)(4)(D) and 460:20-45-46(c)(4)(D) relating to a

discrepancy between the proposed language and Appendix R of Oklahoma's

Bond Release Guidelines for the repair of rills and gullies; and OAC

460:20-43-46(c)(4)(E) and 460:20-45-46(c)(4)(E) relating to the

nonaugmentative reclamation activities proposed for temporary

structures. OSM notified Oklahoma of these concerns by letters dated

November 19, 1997, and March 23, 1998, and discussed the concerns with

Oklahoma during telephone conferences held on February 10, 1998, and

March 19, 1998 (Administrative Record Nos. OK-978.05, OK-978.10, OK-

978.06, and OK-978.09, respectively).

By letters dated March 4, 1998, April 22, 1998, April 30, 1998, and

May 12, 1998 (Administrative Record Nos. OK-978.08, OK-978.13, OK-

978.14, and OK-978.11, respectively), Oklahoma responded to OSM's

concerns by submitting additional explanatory information, technical

guidelines, and revisions to its program amendment.

Based upon the additional explanatory information and revisions to

the amendment submitted by Oklahoma, OSM reopened the public comment

period in the May 28, 1998, Federal Register (63 FR 29174). The public

comment period closed on June 12, 1998.

III. Director's Findings

Set forth below, pursuant to SMCRA and the Federal regulations at

30 CFR 732.15 and 732.17, are the Director's findings concerning the

amendment. Only substantive changes are discussed in detail. Revisions

that are not discussed below concern nonsubstantive wording changes or

revised cross-references and paragraph notations to reflect

organizational changes. The revisions not specifically discussed are no

less stringent than SMCRA and no less effective than the Federal

regulations.

1. Normal Husbandry Practices and Nonaugmentative Reclamation

Activities

Oklahoma proposed substantively identical revisions to its

regulations at OAC 460:20-43-46(c)(4) for surface coal mining

operations and OAC 460:20-45-46(c)(4) for underground mining

operations. Accordingly, findings concerning the revisions are

combined. Oklahoma proposes to reorganize OAC 460:20-43-46(c)(4) and

460:20-45-46(c)(4) and to add new regulatory language in order to

clarify the management practices and activities that may be performed

without restarting the five-year period of operator responsibility for

reclamation success.

OAC 460:20-43-46(c)(4) and OAC 460:20-45-46(c)(4). These sections

provide that the Department and the Office of Surface Mining have

approved selective husbandry practices and nonaugmentative reclamation

activities that, when accomplished in accordance with subsections (A)

through (G), do not extend the period of responsibility for

revegetation success and bond liability.

In its letter dated April 22, 1998, Oklahoma stated that it

understands that any normal husbandry practice not included in its

March 4, 1998, revised amendment will be submitted to OSM for approval

in accordance with 30 CFR 732.17 (Administrative Record No. OK-978.13).

These sections also provide that approved normal husbandry practices

shall be expected to continue as part of the postmining land use and

shall be considered normal husbandry practices within the region for

unmined lands having uses similar to the approved postmining land use

of the disturbed area. To determine whether husbandry and conservation

practices used by surface and underground mining operations are normal

husbandry practices, Oklahoma will judge management practices on mined

lands against the recommended normal husbandry practices for unmined

lands provided by the Oklahoma State University (OSU) and the United

States Department of Agriculture, Natural Resources Conservation

Service (NRCS). OSU establishes and publishes recommended fertility and

management practices for row crops, hayland, and grazingland that are

tailored for soil conditions, crop rotations, tillage and

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application practices. OSU has extension offices throughout the State

to provide more site specific recommendations, if needed. In order to

support its proposed regulations relating to normal husbandry practices

at OAC 460:20-43-46(c)(4) and 460:20-45-46(c)(4), Oklahoma submitted

several guidelines published by the OSU and NRCS relating to

agricultural and conservation management practices for unmined lands in

the State of Oklahoma (Administrative Record Nos. OK-978.08 and OK-

978.11). Oklahoma will review and assess whether site specific

activities are outside the normal husbandry practice guidelines through

its routine inspection process. Evaluations will be made using

professional judgement that will incorporate the guidelines provided by

the OSU and the NRCS.

The Federal regulations at 30 CFR 816.116(c)(4) for surface mining

operations and 817.116(c)(4) for underground mining operations allow

the regulatory authority to approve selective husbandry practices,

excluding augmented seeding, fertilization, or irrigation, without

extending the period of responsibility for revegetation success and

bond liability, under specified conditions. The regulatory authority

must obtain prior approval from OSM in accordance with 30 CFR 732.17

that the practices are normal husbandry practices that can be expected

to continue as part of the postmining land use, or if discontinuance of

the practices after the liability period expires will not reduce the

probability of permanent revegetation success. Approved practices must

be normal husbandry practices within the region for unmined lands

having land uses similar to the approved postmining land use of the

disturbed area.

The Director finds that Oklahoma's requirements at OAC 460:20-43-

46(c)(4) and 460:20-45-46(c)(4) are no less effective than the

requirements of the counterpart Federal regulations. The Director also

finds that the guidelines published by OSU and the NRCS represent

normal husbandry practices in the State and is approving their use by

Oklahoma in determining whether the fertility and management practices

used by surface and underground mining operations are normal husbandry

practices.

OAC 460:20-43-46(c)(4)(A) and 460:20-45-46(c)(4)(A). These

subsections specify the types of practices that will not be considered

augmentative. Oklahoma will consider limited reseeding and associated

fertilizing and liming as nonaugmentative if the area is small in

relation to the permit area, watershed, or surface property boundary,

whichever is smaller. The size of the area relative to the surrounding

area and the ability of the reclaimed area to meet the postmining land

use will also be considered. Removal and reclamation of temporary

structures identified at subsection (E) would not be considered

augmentation under specified circumstances. Repair of rills and gullies

that are not in excess of the stipulations at subsection (D) would not

be considered augmentation. Oklahoma will require any minor reseeded

areas to be fully established and meet the requirements of OAC 460:20-

43-46(a) and (b) or 460:20-45-46(a) and (b) at the time of bond

release.

The normal husbandry practice guidelines submitted by Oklahoma and

OSM's policy outlined in the May 29, 1996, Federal Register (61 FR

26792) support the types of practices that Oklahoma will not consider

augmentative. This provision ensures that the vegetation of these areas

will be subject to Oklahoma's counterparts to the Federal regulations

at 30 CFR 816.116 and 817.116 relating to the attainment of

revegetation success. Therefore, the Director finds that OAC 460:20-43-

46(c)(4)(A) and 460:20-45-46(c)(4)(A) are no less effective than 30 CFR

816.116(c)(4) and 817.116(c)(4).

OAC 460:20-43-46(c)(4)(B) and 460:20-45-46(c)(4)(B). These

subsections provide that approved agricultural practices published by

the OSU Cooperative Extension Service, including fertilizing, liming,

weed and pest control, and mulching, are not considered augmentation.

Oklahoma submitted several documents in support of this provision for

cropland. The documents included OSU guidelines for management of

wheat, grain sorgham, alfalfa, and soybean crops; guidelines for

fertilizing and liming; and guidelines for weed control. Specific

fertilizing and liming application levels are based on soil testing and

yield goals. OSU guidelines for weed control recommend a complete

program involving good cultural practices, mechanical control, and

herbicides. Specific recommendations were provided for application of

herbicides for crops of soybeans, winter wheat, alfalfa, corn, cotton,

grain sorgham, sugar, mungbeans, peanuts, small grains, south peas, and

sunflowers.

OSM concluded in its review of the documentation submitted by

Oklahoma in support of this revision that the agricultural practice

guidelines published by OSU are representative of normal husbandry

practices for unmined cropland in Oklahoma. Therefore, the Director

finds that OAC 460:20-43-46(c)(4)(B) and 460:20-45-46(c)(4)(B) are no

less effective than 30 CFR 816.116(c)(4) and 817.116(c)(4).

OAC 460:20-43-46(c)(4)(C) and 460:20-45-46(c)(4)(C). These

subsections provide that on all lands with a postmining land use other

than cropland, any areas reseeded or replanted as a part or result of a

normal husbandry practice must be small in size and limited in extent

of occurrence, or a part of a hay management plan. A hay management

plan is an agricultural practice described by the OSU Cooperative

Extension Service. The reestablished vegetation must be in place for a

sufficient length of time to not adversely affect Oklahoma's ability to

make a valid determination at the time of bond release as to whether

the site has been properly reclaimed.

This provision will ensure that Oklahoma will require that any

reseeding or replanting of pasture, grazingland, rangeland, or other

noncropland land use areas are done in accordance with OSU or NRCS

normal husbandry practice guidelines. Oklahoma will also consider the

size and extent of the reseeded or replanted areas before determining

whether the period of responsibility for revegetation success and bond

liability must restart for noncropland land use areas. This provision

will also ensure that the vegetation is fully established before the

release of bond as required in OAC 460:20-43-46(c)(4)(A) and OAC

460:20-45-56(c)(4)(A) for all land uses. Therefore, the Director finds

that OAC 460:20-43-46(c)(4)(C) and 460:20-45-46(c)(4)(C) are no less

effective than 30 CFR 816.116(c)(4) and 817.116(c)(4).

OAC 460:20-43-46(c)(4)(D) and 460:20-45-46(c)(4)(D). These

subsections specify that the repair of rills and gullies will not be

considered an augmentation practice if the occurrences and treatment of

such rills and gullies constitute a normal conservation practice in the

region. In the coal mining region of Oklahoma, the normal range of

precipitation during fall or spring seeding seasons may result in the

formation of rills and gullies. The NRCS in Oklahoma has prepared

guidelines for the treatment of such rills and gullies for the State.

Oklahoma determined that the NRCS plan for repair of these rills and

gullies constitutes the treatment practice which is the usual degree of

management customarily performed to prevent exploitation, destruction,

or neglect of the soil resource and to maintain the productivity of the

land use for unmined lands in Oklahoma. After initial vegetation

establishment,

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Oklahoma defines the treatment of rills and gullies requiring permanent

reseeding of more than 10 acres in a contiguous block or 10 percent of

a permit area initially seeded during a single year to be an

augmentative practice because of the potential for delayed seeding of

large areas to reduce the probability of revegetation success. The

rills and gullies should be contoured or smoothed if the site is large.

The area must be seeded during the appropriate seeding season with

approved perennial species followed by an application of mulch. If

permanent seeding of the area must be delayed due to weather

conditions, then appropriate temporary erosion control measures must be

used. These subsections also specify the methods of treatment for

repair of rills and gullies, including seeding, mulching, and erosion

control measures. These methods are based on the NRCS guidelines for

repair of rills and gullies entitled ``State Standard and

Specifications for Critical Area Treatment'' and ``Critical Area

Planting.''

OSM concluded in its review of the documentation submitted by

Oklahoma, in support of this revision, that repair of rills and gullies

is a normal conservation practice in Oklahoma and that the guidelines

published by NRCS for repair of rills and gullies are representative of

normal husbandry practices for unmined land in Oklahoma. Therefore, the

Director finds that OAC 460:20-43-46(c)(4)(D) and 460:20-45-46(c)(4)(D)

are no less effective than 30 CFR 816.116(c)(4) and 817.116(c)(4).

OAC 460:20-43-46(c)(4)(E) and 460:20-45-46(c)(4)(E). These

subsections provide that liming, fertilizing, mulching, seeding or

stocking following the reclamation of temporary roads, temporary

sediment or hydraulic control structures, areas disturbed by the

installation or removal of oil and gas wells or utility lines, and

areas where the vegetation was disturbed by non-mine related vehicular

traffic not under the control of the permittee will not be considered

augmentation.

As discussed above, Oklahoma's regulations at OAC 460:20-43-

46(c)(4)(A) and 460:20-45-46(c)(4)(A) also apply to these areas. The

provisions at subsections (A) that any minor reseeded areas be fully

established and meet the requirements of OAC 460:20-43-46(a) and (b) or

460:20-45-46(a) and (b) at the time of bond release will ensure that

the vegetation of these areas will be subject to Oklahoma's

counterparts to the Federal regulations at 30 CFR 816.116 and 817.116

related to the attainment of revegetation success. It will also

discourage the removal of ponds, roads, or diversions toward the end of

the liability period for the surrounding area because these areas would

not qualify for final bond release until vegetative cover is fully

established and meets Oklahoma's revegetation standards.

Oklahoma's reference to temporary roads in its regulation is

interpreted by OSM to mean those roads necessary for maintenance of

sediment ponds, diversions, and reclamation areas. Ancillary roads used

for maintenance do not include haul roads or other primary roads which

should have been removed upon completion of mining. In its letter dated

April 22, 1998, Oklahoma stated that in accordance with the

Department's approved Bond Release Guidelines, haul roads must be

removed prior to Phase I release.

Although Oklahoma's amendment is primarily concerned with defining

normal husbandry practices, the term ``nonaugmentative reclamation

activities'' is used with reference to the removal and reclamation of

structures used in support of reclamation and the repair and

reclamation of areas disturbed by the installation or removal of oil

and gas wells or utility lines and areas where the vegetation was

disturbed by non-mine related vehicular traffic not under the control

of the permittee. OSM interprets this to mean Oklahoma does not

consider reclamation of these areas as a normal husbandry practice. OSM

agrees that reclamation of these areas, while being nonaugmentative, is

not a normal husbandry practice.

OSM's policy concerning the term of liability for reclamation of

roads and temporary sediment control structures. As outlined in the May

29, 1996, Federal Register (61 FR 26792), OSM has adopted the policy

published for comment in the September 15, 1993, Federal Register (58

FR 48333). Section 515(b)(20) of SMCRA provides that the revegetation

responsibility period shall commence ``after the last year of augmented

seeding, fertilizing, irrigation, or other work'' needed to assure

revegetation success. In the absence of any indication of Congressional

intent in the legislative history, OSM interprets this requirement as

applying to the increment or permit area as a whole, not individually

to those lands within the permit area upon which revegetation is

delayed solely because of their use in support of the reclamation

effort on the planted area. As implied in the preamble discussion of 30

CFR 816.46(b)(5), which prohibits the removal of ponds or other

siltation structures until two years after the last augmented seeding,

planting of the sites from which such structures are removed need not

itself be considered an augmented seeding necessitating an extended or

separate liability period (48 FR 44038-44039, September 26, 1983).

The purpose of the revegetation responsibility period is to ensure

that the mined area has been reclaimed to a condition capable of

supporting the desired permanent vegetation. Achievement of this

purpose will not be adversely affected by this interpretation of

section 515(b)(20) of SMCRA because the lands involved are relatively

small in size and either widely dispersed or narrowly linear in

distribution and the delay in establishing revegetation on these sites

is due not to reclamation deficiencies or the facilitation of mining,

but rather to the regulatory requirement that ponds and diversions be

retained and maintained to control runoff from the planted area until

the revegetation is sufficiently established to render such structures

unnecessary for the protection of water quality.

In addition, the areas affected likely would be no larger than

those which could be reseeded (without restarting the revegetation

period) in the course of performing normal husbandry practices, as that

term is defined in 30 CFR 816.116(c)(4) and explained in the preamble

to that rule (53 FR 34636, 34641; September 7, 1988; 52 FR 28012,

28016; July 27, 1987). Areas this small would have a negligible impact

on any evaluation of the permit area as a whole. Most importantly, this

interpretation is unlikely to adversely affect the regulatory

authority's ability to make a statistically valid determination as to

whether a diverse, effective permanent vegetative cover has been

successfully established in accordance with the appropriate

revegetation success standards. From a practical standpoint, it is

usually difficult to identify precisely where such areas are located in

the field once revegetation is established in accordance with the

approved reclamation plan.

Based on the above discussion, the Director finds that Oklahoma's

provisions for removal and reclamation of temporary roads and sediment

control structures are consistent with and no less effective than the

Federal regulations at 30 CFR 816.46(b)(5) and (6), 817.46(b)(5) and

(6), 816.150(f)(6), 817.150(f)(6), and sections 515(b)(19) and (20) of

SMCRA, as clarified by OSM in the September 15, 1993, Federal Register

(58 FR 48333).

If the areas limed, fertilized, mulched, seeded or stocked

following reclamation

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of land disturbed by installation or removal of oil and gas wells or

utility lines and following reclamation of land where the vegetation

was disturbed by non-mine related vehicular traffic not under the

control of the permittee are no larger than those which would be

reseeded or stocked in the course of performing normal husbandry

practices, then these activities too would not be considered

augmentation under sections 515(b)(19) and (20) of SMCRA. Oil and gas

well installations are common occurrences in the State of Oklahoma and

usually affect only a small area of land. As discussed above, areas

this small would have a negligible impact on any evaluation of the

permit area as a whole. Most importantly, this interpretation is

unlikely to adversely affect the regulatory authority's ability to make

a statistically valid determination as to whether a diverse, effective

permanent vegetative cover has been successfully established in

accordance with the appropriate revegetation success standards.

Oklahoma's regulations at OAC 460:20-43-46(c)(4)(A) and 460:20-45-

46(c)(4)(A) require that any minor reseeded areas be fully established

and meet the requirements of OAC 460:20-43-46(a) and (b) or 460:20-45-

46(a) and (b) at the time of bond release. These provisions ensure that

the vegetation of these areas will be subject to Oklahoma's

counterparts to the Federal regulations at 30 CFR 816.116 and 817.116

relating to the attainment of revegetation success. Therefore, the

Director is also approving liming, fertilizing, mulching, seeding or

stocking following reclamation of these disturbed areas as

nonaugmentative activities that will not restart the five-year period

of operator responsibility for reclamation success.

OAC 460:20-43-46(c)(4)(F) and 460:20-45-46(c)(4)(F). These

subsections specify that irrigation, reliming, and refertilization of

revegetated areas; reseeding cropland; and renovating pastureland by

overseeding with legumes after Phase II bond release shall be

considered normal husbandry practices if the amount and frequency of

these practices do not exceed normal husbandry practices used on

unmined land within the region.

Documentation was submitted by Oklahoma to support these activities

as normal husbandry practices on cropland and pastureland within the

State. Therefore, the Director finds that Oklahoma's proposal is no

less effective than the Federal requirements at 30 CFR 816.116(c)(4)

and 817.116(c)(4), and is approving subsections (F).

OAC 460:20-43-46(c)(4)(G) and 460:20-45-46(c)(4)(G). At subsections

(G), Oklahoma provides that other normal husbandry practices that may

be conducted on postmining land uses of fish and wildlife habitat,

recreation, and forestry without restarting the liability period are

disease, pest, and vermin control; pruning; and transplanting and

replanting trees and shrubs in accordance with OAC 460:20-43-46(b)(3)

and 460:20-45-46(b)(3).

The Federal regulations at 30 CFR 816.116(c)(4) and 817.116(c)(4)

allow the regulatory authority to approve normal husbandry practices,

including such practices as disease, pest, and vermin control; and any

pruning, reseeding, and transplanting specifically necessitated by such

actions. The documentation submitted by Oklahoma shows that these types

of activities are normal husbandry practices within the State for

unmined lands. Therefore, the Director is approving the provisions at

subsections (G).

2. Oklahoma Bond Release Guidelines

Oklahoma revised Appendices A and R of its bond release guidelines

to reflect the changes made to OAC 460:20-43-46(c)(4) and 460:20-45-

46(c)(4).

Appendix A, Definitions

The definition for ``augmentation'' was revised to reference

Oklahoma's new guidelines for repair of rills and gullies at OAC

460:20-43-46(c)(4) and 460:20-45-46(c)(4). The definition for ``initial

establishment of permanent vegetative cover'' was deleted because it is

no longer applicable to Oklahoma's revised revegetation requirements.

The Director finds that the proposed revisions are consistent with

the changes being approved for Oklahoma's regulations at OAC 460:20-43-

46(c)(4) and 460:20-45-46(c)(4).

Appendix R, Guidelines for the Repair of Rills and Gullies in Oklahoma

Oklahoma is deleting Appendix R from its Bond Release Guidelines

because the provisions for repair of rills and gullies were added to

its program at OAC 460:20-43-46(c)(4)(D) for surface mining operations

and 460:20-45-46(c)(4)(D) for underground mining operations in this

rulemaking.

The Director finds that this deletion will not make Oklahoma's

program less effective than the Federal regulations at 30 CFR

816.116(c)(4) or 817.116(c)(4).

IV. Summary and Disposition of Comments

Public Comments

OSM solicited public comments on the proposed amendment, but none

were received.

Federal Agency Comments

Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited

comments on the proposed amendment from various Federal agencies with

an actual or potential interest in the Oklahoma program. No 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 program amendment that relate to air or water quality

standards promulgated 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 Oklahoma proposed to make in this amendment

pertain to air or water quality standards. Therefore, OSM did not

request the EPA's concurrence.

Pursuant to 30 CFR 732.17(h)(11)(i), OSM solicited comments on the

proposed amendment from the EPA (Administrative Record No. OK-978.01).

EPA did not respond to OSM's request.

State Historical Preservation Officer (SHPO) and the Advisory Council

on Historic Preservation (ACHP)

Pursuant to 30 CFR 732.17(h)(4), OSM is required to solicit

comments on proposed amendments which may have an effect on historic

properties from the SHPO and ACHP. OSM solicited comments on the

proposed amendment from the SHPO and ACHP (Administrative Record No.

OK-978.01). Neither the SHPO nor ACHP responded to OSM's request.

V. Director's Decision

Based on the above findings, the Director approves the proposed

amendment as submitted by Oklahoma on July 3, 1997, and as revised on

March 4 and April 22, 1998.

The Director approves the regulations and bond release guidelines

as proposed by Oklahoma with the provision that they be fully

promulgated in identical form to the regulations and bond release

guidelines submitted to and reviewed by OSM and the public.

The Federal regulations at 30 CFR Part 936, codifying decisions

concerning the Oklahoma program, are being amended to implement this

decision. This final rule is being made effective immediately to

expedite the State program amendment process and to encourage States to

bring their programs into conformity with the Federal standards without

undue delay. Consistency of State and Federal standards is required by

SMCRA.

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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 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 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

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 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 corresponding Federal regulations.

Unfunded Mandates

OSM has determined and certifies pursuant to 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 936

Intergovernmental relations, Surface mining, Underground mining.

Dated: July 28, 1998.

Brent Wahlquist,

Regional Director, Mid-Contient Regional Coordinating Center.

For the reasons set out in the preamble, 30 CFR Part 936 is amended

as set forth below:

PART 936--OKLAHOMA

1. The authority citation for Part 936 continues to read as

follows:

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

2. Section 936.15 is amended in the table by adding a new entry in

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

follows:

Sec. 936.15 Approval of Oklahoma regulatory program amendments.

* * * * *

------------------------------------------------------------------------

Date of

Original amendment final Citation/description

submission date publication

------------------------------------------------------------------------

* * * *

July 3, 1997............. 8-10-98 OAC 460:20-43-46(c)(4) (A)

through (G); 460:20-45-46(c)(4)

(A) through (G); Oklahoma Bond

Release Guidelines--Appendices

A and R.

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[FR Doc. 98-21292 Filed 8-7-98; 8:45 am]

BILLING CODE 4310-05-P