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: Final rule; approval of amendment.

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

is approving an amendment to the Arkansas abandoned mine land

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

Reclamation Act of 1977 (SMCRA). Arkansas proposed revisions to its

plan concerning 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 AML problem description. Arkansas intends to revise its

plan to be consistent with the corresponding Federal regulations and

SMCRA.

EFFECTIVE DATE: September 20, 1999.

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, Arkansas 74135-6547.

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

SUPPLEMENTARY INFORMATION:

I. Background on the Arkansas Plan

II. Submission of the Proposed Amendment

III. Director's Findings

IV. Summary and Disposition of Comments

V. Director's Decision

VI. Procedural Determinations

I. Background on the 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. Submission of the Proposed Amendment

By letter dated June 16, 1999 (Administrative Record No. AAML-27),

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

sent the amendment in response to our letter dated September 26, 1994,

that we sent to Arkansas under 30 CFR 884.15(d). The amendment also

included changes Arkansas made at its own initiative.

We announced receipt of the amendment in the July 9, 1999, Federal

Register (64 FR 37067). In the same document, we opened the public

comment period and provided an opportunity for a public hearing on the

adequacy of Arkansas' amendment. The public comment period closed on

August 9, 1999. Because no one requested a public hearing or meeting,

we did not hold one.

III. Director's Findings

Following, under SMCRA and the Federal regulations at 30 CFR 884.14

and 884.15, are our findings concerning the amendment. Any revisions

that we do not discuss below are about minor wording changes, or

revised cross-references and paragraph notations to reflect

organizational changes resulting from this amendment.

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

contents with numbered headings and lettered sub-headings. We are

approving this addition.

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

reclamation plan. We are approving the addition of this part because it

complies with Federal definitions found at 30 CFR 870.5.

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

Land Reclamation Program.''

1. Arkansas proposed to change the name of section 884.13(c)(1)

from ``Introduction'' to ``Purposes of the State

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Reclamation Program'' and to remove the old SMCRA priority 4 (Research

and Demonstration) project selection criteria. We are approving the

revisions because they meet the requirements of the Federal regulations

at 30 CFR 884.13(c)(2) and section 403(a) of SMCRA, as revised by the

Energy Policy Act of 1992 (Pub. L. 102-486). Effective October 24,

1992, this Act amended section 403(a) of SMCRA by removing the priority

4 (Research and Demonstration) project selection criteria. Arkansas

also proposed to move descriptions of abandoned mine problem types from

this section to section 884.13(e)(3). We are approving this revision

because it meets the requirements of the Federal regulations at 30 CFR

884.13(e)(3). Arkansas also proposed to move the section entitled,

``Corrective Measures to be used in Reclamation of Abandoned Mine

Lands,'' to section 884.13(e)(3) and to substantially shorten it. We

are approving the revision because it is not inconsistent with the

requirements of the Federal regulations in 30 CFR Subchapter R.

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

Lands and Water.'' The section pertains to reclamation of interim

program and bond insolvency sites. We are approving this addition

because it complies with previous revisions to the State statutes at

Arkansas Code Annotated (ACA) 15-58-401 and the State regulations at

Arkansas Surface Coal Mining and Reclamation Code (ASCMRC) 874.12 which

we approved on January 5, 1994 (59 FR 540), and April 29, 1997 (62 FR

23129), respectively. Also, the addition of the language is not

inconsistent with the Federal regulations at 30 CFR 874.12 and 875.12.

3. Arkansas proposed to add a new subsection to section

884.13(c)(2), ``Ranking and Selection Procedures.'' We are approving

this addition because it meets the requirements of the Federal

regulations at 30 CFR 874.12 and 874.13. Also, Arkansas proposed 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 its regulations at ASCMRC 874.14. We are

approving the revision because it does not constitute a policy change

and because it meets the requirements of the Federal regulations at 30

CFR 884.13(c)(2).

4. Arkansas proposed 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. We are approving these revision.

Arkansas also proposed to revise and enhance the description of AML

project coordination efforts related to resource issues. We are

approving the revision because it meets the requirements of 30 CFR

884.13(c)(3).

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

redundancy within the state regulations. In addition, Arkansas proposed

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

directing the reader, instead, to follow procedures established in

ASCMRC 879.11. We are approving the revisions because they meet the

requirements of 30 CFR 884.13(c)(4).

6. Arkansas proposed to revise section 884.13(c)(5), ``Policies and

Procedures for Reclamation on Private Land,'' to reduce redundancy

within 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. Arkansas also

proposed to add a new paragraph on appraisals to clarify under what

circumstances appraisals should be conducted and by whom. We are

approving these revisions because they meet the requirements of 30 CFR

Part 882.

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

Entry,'' to reduce redundancy within 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. We are

approving the revisions because they are not inconsistent with the

Federal regulations at 30 CFR Part 877.

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

Participation Policies,'' to reduce redundancy within the state

regulations and to eliminate obsolete information. The proposed

revision provides a brief overview of current public participation

practices. We are approving the revisions because they meet the

requirements of the Federal regulations at 30 CFR 884.13(c)(6).

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

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

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

are approving this revision because it meets the requirements of the

Federal regulation at 30 CFR 884.13(d)(1).

2. Arkansas proposed 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. We are

approving this revision because it meets the requirements of the

Federal regulation at 30 CFR 884.13(d)(2).

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

and Procurement Systems,'' to comply with OSM's 30 CFR Part 884 letter,

dated September 26, 1994, regarding ``Contractor Responsibility (30 CFR

874.16 and 875.20 )'' and to identify 43 CFR Part 12 as the guidance by

which Federal grant funds will be administered in the state program. We

are approving the revisions because they satisfy the requirements of

the above 30 CFR Part 884 letter and also meet the requirements of the

Federal regulation at 30 CFR 884.13(d)(3).

4. Arkansas proposed to revise section 884.13(d)(4), ``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. We are approving the revisions because

they meet the requirements of the Federal regulation at 30 CFR

884.13(d)(4).

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

Arkansas proposed 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. We are approving the revisions

because they meet the requirements of the Federal regulation at 30 CFR

884.13(e)(1)-(3).

IV. Summary and Disposition of Comments

Public Comments

We asked for public comments on the amendment, but did not receive

any.

Federal Agency Comments

Under 30 CFR 884.14(a)(2) and 884.15(a), we requested comments on

the amendment from various Federal agencies with an actual or potential

interest in the Arkansas plan (Administrative Record Nos. AAML-27.01,

AAML-27.02, and AAML-27.03). We received a comment from the U.S. Army

Corps of Engineers dated July 13, 1999 (Administrative Record No. AAML-

27.04), stating that they found the proposed amendment to be

satisfactory.

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U.S. Environmental Protection Agency (EPA)

Under 30 CFR 884.14(a)(6), we are required to get a written

agreement from the EPA for those provisions of the program amendment

that relate to air or water quality standards issued 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 Arkansas

proposed to make in this amendment pertain to air or water quality

standards. Therefore, we did not ask the EPA to agree on the amendment.

U.S. Fish and Wildlife Service (FWS)

Under section 7 of the Endangered Species Act of 1973, as amended

(16 U.S.C. 1531 et seq), we are required to ask the FWS to determine

whether those provisions of the program amendment that relate to fish,

wildlife, or plants and their habitat are likely to jeopardize the

continued existence of species listed as endangered or threatened

(under the authority of section 4 of the Endangered Species Act of

1973) or result in the destruction or adverse modification of their

habitat. None of the revisions that Arkansas proposed to make in this

amendment pertain to fish, wildlife, or plants and their habitat.

Therefore, we did not ask the FWS for its determination under section 7

of the Endangered Species Act of 1973.

State Historical Preservation Officer (SHPO) and the Advisory Council

on Historic Preservation (ACHP)

Under 30 CFR 884.14(a)(6), we are required to request comments from

the SHPO and ACHP on amendments that may have an effect on historic

properties. On July 1, 1999, we requested comments on Arkansas'

amendment (Administrative Record No. AAML-27.02), but neither responded

to our request.

V. Director's Decision

Based on the above findings, we approve the proposed plan amendment

as submitted by Arkansas on June 16, 1999. We approve the plan that

Arkansas proposed with the provision that it be published in identical

form to the plan sent to and reviewed by OSM and the public.

To implement this decision, we are amending the Federal regulations

at 30 CFR Part 904, which codify decisions concerning the Arkansas

plan. We are making this final rule effective immediately to expedite

the State program amendment process and to encourage Arkansas to bring

its plan into conformity with the Federal standards. SMCRA requires

consistency of State and Federal standards.

VI. 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 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 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)).

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 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 has 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: September 8, 1999.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.

For the reasons set out in the preamble, 30 CFR Part 904 is amended

as set forth below:

PART 904--ARKANSAS

1. The authority citation for Part 904 continues to read as

follows:

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

2. Section 904.25 is amended in the table by adding a new entry in

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

follows:

Sec. 904.25 Approval of Arkansas abandoned mine land reclamation plan

amendments.

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Date of

Original amendment submission date final Citation/description

publication

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June 16, 1999.............................. 9-20-99 Definitions; Purposes of the state 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

problem description.

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[FR Doc. 99-24460 Filed 9-17-99; 8:45 am]

BILLING CODE 4310-05-P