Arkansas Abandoned Mine Land Reclamation Plan

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 904

[SPATS No. AR-029-FOR]

Arkansas Abandoned Mine Land Reclamation Plan

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

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

hearing.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)

is announcing receipt of an amendment to the Arkansas abandoned mine

land reclamation plan (Arkansas plan) under the Surface Mining Control

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

revisions to the Arkansas plan relating to definitions, purposes of the

reclamation program, identification of eligible lands and water,

ranking and selection procedures, coordination of reclamation work,

acquisition management and disposition of land and water, reclamation

on private land, rights of entry, public participation, organizational

structure, personnel and staffing policies, purchasing and procurement

systems, management accounting, and abandoned mine land (AML) problem

description. Arkansas intends to revise its amendment in response to

our letter dated September 26, 1994, that we sent to the State under 30

CFR 884.15(d). The amendment also includes changes made at Arkansas'

own initiative.

This document gives the times and locations that the Arkansas plan

and the amendment to that plan are available for your inspection, the

comment period during which you may submit written comments on the

amendment, and the procedures that will be followed for the public

hearing, if one is requested.

DATES: We will accept written comments until 4:00 p.m., c.d.t., August

9, 1999. If requested, we will hold a public hearing on the amendment

on August 3, 1999. We will accept requests to speak at the hearing

until 4:00 p.m., c.d.t. on July 26, 1999.

ADDRESSES: You should mail or hand deliver written comments and

requests to speak at the hearing to Michael C. Wolfrom, Director, Tulsa

Field Office, at the address listed below.

You may review copies of the Arkansas plan, the amendment, a

listing of any scheduled public hearings, and all written comments

received in response to this document at the addresses listed below

during normal business hours, Monday through Friday, excluding

holidays. You may receive one free copy of the amendment by contacting

OSM's Tulsa Field Office.

Michael C. Wolfrom, Director, Tulsa Field Office, Office of Surface

Mining, 5100 East Skelly Drive, Suite 470, Tulsa, Oklahoma 74135-6547,

Telephone: (918) 581-6430

Arkansas Department of Environmental Quality, Russellville Field

Office, 1220 West 2nd Street, Russellville, Arkansas 72801, Telephone:

(501) 968-7339

FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Director, Tulsa

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

[email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Arkansas Plan

On May 2, 1983, the Secretary of the Interior approved the Arkansas

plan. You can find background information on the Arkansas plan,

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

the approval of the plan in the May 2, 1983, Federal Register (48 FR

19710). You can find later actions on the Arkansas plan at 30 CFR

904.25 and 904.26.

II. Description of the Proposed Amendment

By letter dated June 16, 1999 (Administrative Record No. AR-565),

Arkansas sent us an amendment to its plan under SMCRA. Arkansas sent

the amendment in response to a letter dated September 26, 1994, that we

sent to the State under 30 CFR 884.15(d). The amendment also includes

changes made at Arkansas' own initiative. Below is a summary of the

changes proposed by Arkansas. The full text of the amendment is

available for your inspection at the locations listed above under

ADDRESSES.

A. Arkansas proposes to add to the reclamation plan a table of

contents with numbered headings and lettered sub-headings.

B. Arkansas proposes to add Part III--``Definitions,'' to the

reclamation plan.

C. Part IV--``Policies and Procedures for the State Abandoned Mine

Land `Reclamation Program.''

1. Arkansas proposes to rename section 884.13(c)(1),

``Introduction,'' and to remove the old SMCRA priority 4 (Research and

Demonstration) project selection criteria. Arkansas also proposes to

move descriptions of abandoned mine problem types from this section to

section 884.13(e)(3). Arkansas also proposes to move the

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section entitled, ``Corrective Measures to be used in reclamation of

Abandoned Mine Lands,'' to section 884.13(e)(3) and to substantially

shorten it.

2. Arkansas proposes to add a section, ``Identification of Eligible

Lands and Water.'' The changes pertain to reclamation of interim

program and bond insolvency sites.

3. Arkansas proposes to add a new subsection to section

884.13(c)(2), ``Ranking and Selection Procedures.'' Also, Arkansas

proposes to remove the project ranking matrix form contained in the

original reclamation plan and to replace it with a reference to the

evaluation criteria contained in the regulations at ASCMRC 874.14.

4. Arkansas proposes to make editorial modifications to section

884.13(c)(3), ``Coordination of Reclamation Work,'' primarily to update

the names and relationships of agencies and their roles in abandoned

mine land reclamation projects. Arkansas also proposes to revise and

enhance the description of AML project coordination efforts related to

resource issues.

5. Arkansas proposes to revise section 884.13(c)(4) to reduce

redundancy with the state regulations. In addition, Arkansas proposes

to remove most of the description of land and water acquisition,

directing the reader, instead, to follow procedures established in

ASCMRC 879.11.

6. Arkansas proposes to revise section 884.13(c)(5), ``Reclamation

on Private Land,'' to reduce redundancy with the state regulations. The

proposed revision provides a brief overview of policies for placement,

waiver, and satisfaction of liens, and refers the reader to ASCMRC

882.13 and 882.14.

7. Arkansas proposes to revise section 884.13(c)(6), ``Rights of

Entry,'' to reduce redundancy with the state regulations. The proposed

revision provides a brief overview of policies for entry on private

land and refers the reader to ASCMRC 882.13 and 882.14.

8. Arkansas proposes to revise section 884.13(c)(7), ``Public

Participation Policies,'' to reduce redundancy with the state

regulations and to eliminate obsolete information. The proposed

revision provides a brief overview of current public participation

practices.

D. Part V--``Administrative and Management Structure.''

1. Arkansas proposes to revise section 884.13(d)(1),

``Organizational Structure,'' to update the organizational charts.

2. Arkansas proposes to revise section 884.13(d)(2), ``Personnel

and Staffing Policies,'' to update the list of State and Federal laws,

regulations, and policies related to personnel practices.

3. Arkansas proposes to revise section 884.13(d)(3), ``Purchasing

and Procurement Systems,'' to comply with 30 CFR 874.16 and 875.20

regarding ``Contractor Responsibility'' and to identify 43 CFR Part 12

as the guidance by which Federal grant funds will be administered in

the state program.

4. Arkansas proposes to revise section 884.13(d), ``Management

Accounting,'' to identify 43 CFR Part 12 as the guidance for

administering Federal grant funds in the state program and to make

minor editorial corrections.

E. Part VI--``General Description of AML Problems''

Arkansas proposes to add section 884.13(e) to replace information

previously contained in the ``Introduction'' section of the reclamation

plan. Section 884.13(e) contains an overview of reclamation problem

types and guides the reader to the OSM Abandoned Mine Land Inventory

Directive and to OSM's December 30, 1996 (61 FR 68777), AML Program

Guidelines for additional information.

III. Public Comment Procedures

Under the provisions of 30 CFR 884.15(a), we are requesting

comments on whether the amendment satisfies the applicable State

reclamation plan approval criteria of 30 CFR 884.14. If we approve the

amendment, it will become part of the Arkansas plan.

Written Comments

Your written comments should be specific and pertain only to the

issues proposed in this rulemaking. You should explain the reason for

any recommended change. In the final rulemaking, we will not

necessarily consider or include in the Administrative Record any

comments received after the time indicated under DATES or at locations

other than the Tulsa Field Office.

Public Hearing

If you wish to speak at the public hearing, contact the person

listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., c.d.t. on

July 26, 1999. We will arrange the location and time of the hearing

with those persons requesting the hearing. If you are disabled and need

special accommodation to attend a public hearing, contact the

individual listed under FOR FURTHER INFORMATION CONTACT. The hearing

will not be held if no one requests an opportunity to speak at the

public hearing.

You should file a written statement at the time you request the

hearing. This will allow us 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. If

you are in the audience and have not been scheduled to speak and wish

to do so, you will be allowed to speak after those who have been

scheduled. We will end the hearing after all persons scheduled to speak

and persons present in the audience who wish to speak have spoken.

Public Meeting

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

we may hold a public meeting, rather than a public hearing. If you wish

to meet with us to discuss the amendment, request a meeting by

contacting the person listed under FOR FURTHER INFORMATION CONTACT. All

such meetings are open to the public and, if possible, we will post

notices of meetings at the locations listed under ADDRESSES. We also

make a written summary of each meeting a part of the Administrative

Record.

IV. Procedural Determinations

Executive Order 12866

The Office of Management and Budget (OMB) exempts this rule from

review under Executive Order 12866 (Regulatory Planning and Review).

Executive Order 12988

The Department of the Interior conducted the reviews required by

section 3 of Executive Order 12988 (Civil Justice Reform) and

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

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 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 Part 884.

National Environmental Policy Act

This rule does not require an environmental impact statement since

agency decisions on proposed State and Tribal abandoned mine land

reclamation plans and revisions 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)).

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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 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.

Unfunded Mandates

OSM determined and certifies under 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 904

Intergovernmental relations, Surface mining, Underground mining.

Dated: July 1, 1999.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.

[FR Doc. 99-17428 Filed 7-8-99; 8:45 am]

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