[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: [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 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.
* * * * *
[[Page 2333]]
------------------------------------------------------------------------
Original amendment submission Date of final
date publication Citation/description
------------------------------------------------------------------------
* * * * * * * *
*
September 22, 1999............. January 14, Subheading B.
2000 Identification of
Eligible Lands and
Water [30 CFR
884.13(c)(2)].
------------------------------------------------------------------------
[FR Doc. 00-969 Filed 1-13-00; 8:45 am]
BILLING CODE 4310-05-P