Arkansas Abandoned Mine Land Reclamation Plan

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 904

[SPATS No. AR-035-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 an

addition to the Arkansas plan relating to the exclusion of certain

noncoal reclamation sites. Arkansas intends to revise its plan to be

consistent with the corresponding Federal regulations.

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.s.t.,

November 17, 1999. If requested, we will hold a public hearing on the

amendment on November 12, 1999. We will accept requests to speak at the

hearing until 4:00 p.m., c.s.t. on November 2, 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 September 22, 1999 (Administrative Record No. AAML-

27.08), Arkansas sent us an amendment to its plan under SMCRA. Arkansas

sent the amendment in response to our letter dated September 8, 1999

(Administrative Record No. AAML-27.07). 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.

[[Page 56180]]

Policies and Procedures of the State Abandoned Mine Land Reclamation

Program [30 CFR 884.13(c)

Under subheading B. Identification of Eligible Lands and Water [30

CFR 884.13(c)(2)], Arkansas proposes to add the following language as a

counterpart to our Federal regulation at 30 CFR 875.16, Exclusion of

certain noncoal reclamation sites:

Money from the Fund shall not be used for the reclamation of

sites and areas designated for remedial action pursuant to the

Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901

et seq.) or that have been listed for remedial action pursuant to

the Comprehensive Environmental Response Compensation and Liability

Act of 1980 (42 U.S.C. 9601 et seq.).

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

We will make comments, including names and addresses of

respondents, available for public review during normal business hours.

We will not consider anonymous comments. If individual respondents

request confidentiality, we will honor their request to the extent

allowable by law. Individual respondents who wish to withhold their

name or address from public review, except for the city or town, must

state this prominently at the beginning of their comments. We will make

all submissions from organizations or businesses, and from individuals

identifying themselves as representatives or officials of organizations

or businesses, available for public review in their entirety.

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.

Please submit Internet comments as an ASCII file avoiding the use

of special characters and any form of encryption. Please also include

``Attn: SPATS No. AR-035-FOR'' and your name and return address in your

Internet message. If you do not receive a confirmation that we have

received your Internet message, contact the Tulsa Field Office at (918)

581-6430.

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.s.t. on

November 2, 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.

To assist the transcriber and ensure an accurate record, we request

that you provide us with a written copy of your testimony. 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)).

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: October 8, 1999.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.

[FR Doc. 99-27107 Filed 10-15-99; 8:45 am]

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