[Federal Register Volume 60, Number 245 (Thursday, December 21, 1995)]
[Proposed Rules]
[Pages 66244-66246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-81050]



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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 936

[SPATS No. OK-015-FOR]


Oklahoma Abandoned Mine Land Reclamation Plan

agency: Office of Surface Mining Reclamation and Enforcement (OSM), 
Interior.

action: Proposed rule; public comment period and opportunity for public 
hearing.

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summary: OSM is announcing receipt of a proposed amendment to the 
Oklahoma abandoned mine land reclamation plan (hereinafter referred to 
as the ``Oklahoma plan'') under the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA). The proposed amendment pertains to 
abandoned mine land reclamation (AMLR) goals and objectives, project 
ranking and selection, coordination between reclamation agencies, 
reclamation on private land, eligible lands and waters, public 
participation, agency administrative and management structure, 
reclamation set-aside trust funds, contractor eligibility requirements, 
and acid mine drainage projects. The amendment is intended to bring the 
Oklahoma AMLR Program into compliance with Federal AMLR regulations. It 
will allow the Oklahoma Conservation Commission to participate in AMLR 
activities authorized by the Omnibus Budget Reconciliation Act of 1990 
and the Energy Policy Act of 1992.

dates: Written comments must be received by 4:00 p.m., c.s.t., January 
22, 1996. If requested, a public hearing on the proposed amendment will 
be held on January 16, 1996. Requests to speak at the hearing must be 
received by 4:00 p.m., c.s.t., on January 5, 1996.

addresses: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Jack R. Carson, Acting Director, Tulsa 
Field Office at the address listed below.
    Copies of the Oklahoma plan, the proposed amendment, a listing of 
any scheduled public hearings, and all written comments received in 
response to this document will be available for public review at the 
addresses listed below during normal business hours, Monday through 
Friday, excluding holidays. Each requester may receive one free copy of 
the proposed amendment by contacting OSM's Tulsa Field Office.

Jack R. Carson, Acting Director, Tulsa Field Office, Office of Surface 
Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 470, 
Tulsa, Oklahoma 74135-6547, Telephone: (918) 581-6430.
Oklahoma Conservation Commission, 2800 N. Lincoln Blvd., Suite 160, 
Oklahoma City, Oklahoma 73105-4210, Telephone: (405) 521-2384.

for further information contact: Jack R. Carson, Acting Director, Tulsa 
Field Office, Telephone: (918) 581-6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Oklahoma Plan

    On January 21, 1982, the Secretary of the Interior approved the 
Oklahoma plan. Background information on the Oklahoma plan, including 
the Secretary's findings, the disposition of comments, and the approval 
of the plan can be found in the January 21, 1982, Federal Register (47 
FR 2989).

II. Description of the Proposed Amendment

    By letter dated November 13, 1995 (Administrative Record No. OAML-
63), Oklahoma submitted a proposed amendment to its AMLR plan pursuant 
to SMCRA. Oklahoma submitted the proposed amendment in response to a 
September 26, 1994, letter from OSM (Administrative Record No. OAML-
65), in accordance with 30 CFR 884.15(d), concerning revisions to the 
AML regulations at 30 CFR Chapter VII, Subchapter R (59 FR 28136, May 
31, 1994).
    Oklahoma proposes to amend its administrative rules at OAC 155:15, 
Oklahoma Abandoned Mine Land Program. Oklahoma proposes to amend its 
Reclamation Plan at sections 884.13(c)1, Goals and Objectives; 
884.13(c)2, Project Ranking and Selection; 884.13(c)3, Interagency 
Coordination; 884.13(c)5, Eligible Lands and Waters; 884.13(c)7, Public 
Participation; and 884.13(d)1, Administrative and Management Structure.

(1) OAC 155:15, Oklahoma Abandoned Mine Land Reclamation Program Rules

    Subsection 1-2, is revised to clarify definitions used later in the 
rules. Subsection 1-3, subpart (4) is added to require that contracts 
for AML projects only be awarded to successful bidders who are 
determined eligible to receive funds by using OSM's Applicant Violator 
System. Subsection 1-3 is revised to ensure that certain coal mine 
sites damaged and abandoned after August 3, 1977, are eligible for 
reclamation funding if the mining (1) took place during the interim 
program or (2) ended on or before November 5, 1990, and the surety for 
the mining company became insolvent during that period. Changes to 
Subsection 1-6 revise the objectives of reclamation project funding and 
the priority of those objectives. Objectives (4), Research and 
Demonstration, and (7), Construction of Public Facilities, are 
eliminated. The priority of order of the other objectives remains 
unchanged. Subsection 1-14 is added to allow for the construction, 
repair or enhancement of facilities related to water supplies where 
such supplies have been adversely affected by coal mining practices. 
Subsection 1-15 adds requirements for the establishment of special 
trust accounts that will provide for coal reclamation after September 
30, 1995. Once established, Oklahoma may then set aside 10% of its 
annual grant funding 

[[Page 66245]]
for this use. Subsection 1-16 authorizes Oklahoma to receive and retain 
funds for Acid Mine Drainage Programs without regard to normal time 
limitations and establishes requirements for expenditure of granted 
funds.

(2) Section 884.13(c)1 Goals and Objectives

    This section is revised to eliminate goal 4 (Research and 
Demonstration) and goal 7 (Construction of Public Facilities). The 
remaining goals and their priorities are unchanged.

(3) Section 884.13(c)(2) Project Ranking and Selection

    A new sentence is added that (1) requires public notices to be 
published during the project selection process and (2) outlines 
requirements for public meetings and public comment during the 
selection process. The ``Project Selection Matrix'' is completely 
revised and Table 3 which outlines the project selection decision 
process is changed to place the general public into the project 
screening process.

(4) Section 884.13(c)(3) Coordination of Reclamation Work Between the 
State, the Soil Conservation Service and Other Reclamation Agencies

    This section revises the description of the State Reclamation 
Committee and its role in the reclamation program.

(5) Section 884.13(c)(5) Policies and Procedures for Reclamation on 
Private Land

    The subsection ``Eligible Lands and Water'' is revised to add 
eligibility for Interim Program and certain Insolvent Surety sites.

(6) Section 884.13(c)(7) Public Participation Policies

    The public participation policies are revised to increase public 
input into the beginning of the project selection process.

(7) Section 884.13(d)(1) Administrative and Management Structure

    Figure 7, which depicts the organizational structure of the 
Oklahoma Conservation Commission, is revised to reflect the current 
organization. The list of state agencies which may be involved in the 
reclamation program is changed to reflect current program operational 
practices. Figure 8, Oklahoma Executive Branch Organizational Chart, 
has been deleted.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 884.15(a), OSM is 
seeking comments on whether the proposed amendment satisfies the 
applicable program approval criteria of 30 CFR 884.14. If the amendment 
is deemed adequate, it will become part of the Oklahoma plan.

Written Comments

    Written comments should be specific, pertain only to the issues 
proposed in this rulemaking, and include explanations in support of the 
commenter's recommendations. Comments received after the time indicated 
under DATES or at locations other than the Tulsa Field Office will not 
necessarily be considered in the final rulemaking or included in the 
Administrative Record.

Public Hearing

    Persons wishing to speak at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., 
c.s.t., on January 5, 1996. The location and time of the hearing will 
be arranged with those persons requesting the hearing. If no one 
requests an opportunity to speak at the public hearing, the hearing 
will not be held.
    Filing of a written statement at the time of the hearing is 
requested as it will greatly assist the transcriber. Submission of 
written statements in advance of the hearing will allow OSM officials 
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. Persons in the audience who 
have not been scheduled to speak, and who wish to do so, will be heard 
following those who have been scheduled. The hearing will end after all 
persons scheduled to speak and persons present in the audience who wish 
to speak have been heard.
    Any disabled individual who has need for a special accommodation to 
attend a public hearing should contact the individual listed under FOR 
FURTHER INFORMATION CONTACT.

Public Meeting

    If only one person requests an opportunity to speak at a hearing, a 
public meeting, rather than a public hearing, may be held. Persons 
wishing to meet with OSM representatives to discuss the proposed 
amendment may request a meeting by contacting the person listed under 
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the 
public and, if possible, notices of meetings will be posted at the 
locations listed under ADDRESSES. A written summary of each meeting 
will be made a part of the Administrative Record.

IV. Procedural Determinations

Executive Order 12866

    This proposed rule is exempted from review by the Office of 
Management and Budget (OMB) under Executive Order 12866 (Regulatory 
Planning and Review).

Executive Order 12778

    The Department of the Interior has conducted the reviews required 
by section 2 of Executive Order 12778 (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 
thereof 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 thereof 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 
Parts 884 and 888.

National Environmental Policy Act

    No environmental impact statement is required for this rule since 
agency decisions on proposed State or Tribal abandoned mine land 
reclamation plans and revisions thereof 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 

[[Page 66246]]
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.

List of Subjects in 30 CFR Part 936

    Abandoned mine land reclamation, Intergovernmental relations, 
Surface mining, Underground mining.

    Dated: December 14, 1995.
Russell Frum,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 95-81050 Filed 12-20-95; 8:45 am]
BILLING CODE 4310-05-M