[Federal Register Volume 65, Number 10 (Friday, January 14, 2000)]
[Rules and Regulations]
[Pages 2331-2333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-969]


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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: Final rule; approval of amendment.

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SUMMARY: Office of Surface Mining Reclamation and Enforcement (OSM) is 
approving a proposed 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.

EFFECTIVE DATE: January 14, 2000.

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: <a href="/cdn-cgi/l/email-protection#97fae0f8fbf1e5f8fad7e3f8fcf0e0b9f8e4fae5f2b9f0f8e1"><span class="__cf_email__" data-cfemail="b4d9c3dbd8d2c6dbd9f4c0dbdfd3c39adbc7d9c6d19ad3dbc2">[email protected]</span></a>.

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 September 22, 1999 (Administrative Record No. AAML-
28), Arkansas sent us an amendment to its plan pursuant to SMCRA. 
Arkansas sent the amendment in response to our letter dated September 
8, 1999 (Administrative Record No. AAML-27.07).
    We announced receipt of the amendment in the October 18, 1999, 
Federal Register (64 FR 56179). 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 November 17, 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, is our finding concerning the amendment.

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 proposed 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.).

    Because the above proposed revision is identical in meaning to the 
corresponding Federal regulation, the Director finds that Arkansas' 
revised plan is no less effective than the Federal regulation. 
Therefore, the Director is approving this amendment.

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-28.03). 
We received a comment from the U.S. Army Corps of Engineers dated 
November 5, 1999 (Administrative Record No. AAML-28.06), stating that

[[Page 2332]]

the amendment was satisfactory to the agency.

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. 
However, we did request comments from the EPA in a letter dated October 
7, 1999 (Administrative Record No. AAML-28.01). In a letter dated 
November 1, 1999 (Administrative Record No. AAML 28.05), the EPA 
responded that it did not identify any provisions in the amendment 
which are inconsistent with the programs it administers.

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 October 7, 1999, we requested comments on Arkansas' 
amendment (Administrative Record No. AAML 28.02), but neither responded 
to our request.

V. Director's Decision

    Based on the above finding, we approve the proposed plan amendment 
as submitted by Arkansas on September 22, 1999.
    We approve the regulation that Arkansas proposed with the provision 
that it be published in identical form to the regulation 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: December 29, 1999.
Charles E. Sandberg,
Acting 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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[[Page 2333]]



------------------------------------------------------------------------
 Original amendment submission    Date of final
              date                 publication     Citation/description
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*         *         *         *         *         *         *         *
                                        *
September 22, 1999.............     January 14,  Subheading B.
                                           2000   Identification of
                                                  Eligible Lands and
                                                  Water [30 CFR
                                                  884.13(c)(2)].
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[FR Doc. 00-969 Filed 1-13-00; 8:45 am]
BILLING CODE 4310-05-P


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