[Federal Register Volume 70, Number 63 (Monday, April 4, 2005)]
[Rules and Regulations]
[Pages 16941-16945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6600]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 936
[Docket No. OK-031-FOR]
Oklahoma 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: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are approving an amendment to the Oklahoma abandoned mine land
reclamation plan (Oklahoma plan) under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the Act). Oklahoma proposed revisions
to its plan concerning project ranking and selection procedures, the
State Reclamation Committee, and the public participation policies.
Oklahoma intends to improve operational efficiency.
EFFECTIVE DATE: April 4, 2005.
FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Director, Tulsa
Field Office. Telephone: (918) 581-6430. E-mail address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Oklahoma Plan
II. Submission of the Amendment
III. OSM's Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. Procedural Determinations
I. Background on the Oklahoma Plan
The Abandoned Mine Land Reclamation (AMLR) Program was established
by Title IV of the Act (30 U.S.C. 1201 et seq.) in response to concerns
over extensive environmental damage caused by past coal mining
activities. The program is funded by a reclamation fee collected on
each ton of coal that is produced. The money collected is used to
finance the reclamation of abandoned coal mines and for other
authorized activities. Section 405 of the Act allows States and Indian
Tribes to assume exclusive responsibility for reclamation activity
within the State or on Indian lands if they develop and submit to the
Secretary of the Interior for approval, a program (often referred to as
a plan) for the reclamation of abandoned coal mines. On the basis of
these criteria, the Secretary of the Interior approved the Oklahoma
plan on January 21, 1982. You can find background information on the
Oklahoma plan, including the Secretary's findings, the disposition of
comments, and the approval of the plan in the January 21, 1982, Federal
Register (47 FR 2989). You can find later actions concerning the
Oklahoma plan and amendments to the plan at 30 CFR 936.25.
II. Submission of the Amendment
By letter dated November 1, 2004 (Administrative Record No. OK-
994), Oklahoma sent us a proposed amendment to its plan under SMCRA (30
U.S.C. 1201 et seq.). Oklahoma sent the amendment at its own
initiative.
We announced receipt of the proposed amendment in the December 29,
2004, Federal Register (69 FR 77965). In the same document, we opened
the public comment period and provided an opportunity for a public
hearing on the adequacy of the proposed amendment. We did not hold a
public hearing or meeting because no one
[[Page 16942]]
requested one. The public comment period ended on January 28, 2005. We
did not receive any public comments.
During our review of the amendment, we identified areas that could
benefit from improved clarity and completeness. These areas concerned
the State Reclamation Committee and the public participation policies.
We notified Oklahoma of these areas by e-mail on January 18, 2005
(Administrative Record No. OK-994.03), and provided the State with
suggestions for improving their clarity and completeness.
By letter dated January 24, 2005 (Administrative Record No. OK-
994.04), Oklahoma sent us additional explanatory information and
revisions to its plan amendment. Because the additional information
merely clarified certain provisions of Oklahoma's proposed amendment,
we did not reopen the public comment period.
III. OSM's Findings
Following are the findings we made concerning the amendment under
SMCRA and the Federal regulations at 30 CFR 884.14 and 884.15. We are
approving the amendment.
A. Section 884.13(c)2--Project Ranking and Selection Procedure
1. Site Selection
Under the section titled, ``Site Selection,'' Oklahoma proposed to
revise the introductory paragraph by eliminating the four annual public
regional meetings. Oklahoma also proposed to change where it will
annually publish a public notice as part of the abandoned mine land
(AML) project selection process. Currently, the notices are being
published in the 16 counties with abandoned coal mine problem regions.
Oklahoma proposed to publish the notices, which include the address of
the Oklahoma Conservation Commission (OCC), in cities/towns within the
abandoned coal mine region in eastern Oklahoma. These notices retain
the public's ability to contact the OCC if a member of the public
believes he or she has an AML site that poses a dangerous health and/or
safety problem.
The Federal regulation at 30 CFR 884.13(c)(7) requires public
participation and involvement in the State's reclamation program.
Because Oklahoma will continue to annually publish public notices as
part of the AML project selection process and will continue to allow
the public the opportunity to be involved in this process by being able
to contact the OCC if they believe they have an AML site that poses a
dangerous health and/or safety problem, we find that Oklahoma's
proposed changes meet the requirement of the above Federal regulation.
Therefore, we are approving the above changes.
2. Table 3 Project Ranking and Selection Procedure
a. Under the heading, ``General Public,'' Oklahoma proposed to
remove the provision that allowed the general public to attend regional
meetings to voice concerns regarding abandoned mine land and water that
pose a threat to health and/or safety. Oklahoma is retaining the
provision that allows the general public to send concerns in writing to
the OCC.
The Federal regulation at 30 CFR 884.13(c)(7) requires public
participation and involvement in the State's reclamation program.
Because Oklahoma will continue to allow the public the opportunity to
be involved in the site selection process by being able to contact the
OCC if they believe they have an AML site that poses a dangerous health
and/or safety problem, we find that Oklahoma's proposed change meets
the requirement of the above Federal regulation. Therefore, we are
approving the above change.
b. Under the heading ``State Reclamation Committee,'' Oklahoma
proposed to make editorial changes to one of its purposes to read as
follows:
Review reclamation projects submitted by the OCC and make
suggestions concerning these projects. After projects have been
selected for reclamation, OCC will prepare and submit project
applications to OSM.
Because these changes are editorial in nature and do not alter the
original meaning of the previous language, we are approving the
changes.
B. Section 884.13(c)3 Coordination of Reclamation Work Between the
State, the Soil Conservation Service [Currently the Natural Resources
Conservation Service] and Other Reclamation Agencies
1. State Reclamation Committee
The State Reclamation Committee is composed of members from various
agencies and organizations. Oklahoma proposed to revise the list of
agencies and organizations from which this committee's membership comes
by deleting or adding agencies and organizations. Oklahoma originally
proposed to revise this list by removing the following agencies or
organizations from the list: Oklahoma Association of Conservation
Districts, Oklahoma Biological Survey, Oklahoma Department of
Agriculture's Forestry Division, Oklahoma Department of Environmental
Quality, Oklahoma Geological Survey, Oklahoma Wildlife Conservation
Commission, Oklahoma Wildlife Federation, U.S. Department of
Agriculture's Natural Resources Conservation Service, U.S. Department
of the Interior's Bureau of Land Management, and U.S. Geological
Survey. After considering the suggestions to the amendment that we sent
to the State via e-mail on January 18, 2005 (Administrative Record No.
OK-994.03), Oklahoma decided to retain the Oklahoma Biological Survey's
membership on the committee. Also, Oklahoma proposed to add the
following agency and organization to the list: U.S. Department of the
Interior's Fish and Wildlife Service and the Applicable Tribal Entity.
The Federal regulation at 30 CFR 884.13(c) requires a State
reclamation plan to include a description of the policies and
procedures to be followed by the designated agency in conducting the
reclamation program. As stated in Oklahoma's AML plan, the purpose of
the State Reclamation Committee is to: (1) Review the reclamation
projects submitted by the OCC and to provide comments concerning the
projects, (2) coordinate the reclamation activities taking place in the
State, and (3) serve in an advisory capacity providing informational
and educational services. With these specific purposes, the State
Reclamation Committee, as revised, is integrated in the policies and
procedures necessary to conduct the reclamation program and has a vital
role in implementing the policies and procedures that are used in
conducting the State's reclamation program. Therefore, we find that
Oklahoma's proposed changes meet the requirement of the Federal
regulation at 30 CFR 884.13(c), and we are approving them.
2. Purpose of the State Reclamation Committee
a. Currently, the OCC and the Natural Resources Conservation
Service can submit reclamation projects to the State Reclamation
Committee for review. Oklahoma proposed to revise item number 1 of the
purpose of the State Reclamation Committee by removing the Natural
Resources Conservation Service as a submitter of reclamation projects.
Oklahoma also proposed to revise item number 1 by requiring the State
Reclamation Committee to provide comments to the OCC concerning the
reclamation projects.
The Federal regulation at 30 CFR 884.13(c)(3) requires each State
reclamation plan to include a description of the policies and
procedures to be followed by the
[[Page 16943]]
designated agency in conducting the reclamation program, including the
coordination of reclamation work among the State reclamation program,
the Rural Abandoned Mine Program (RAMP) administered by the U.S.
Department of Agriculture's Natural Resources Conservation Service
(formerly the Soil Conservation Service), the reclamation programs of
any Indian tribes located within the State, and OSM's reclamation
program.
Oklahoma has set forth a description of the policies/procedures to
be followed in conducting its reclamation program and has decided to
change a portion of the policies/procedures by removing the Natural
Resources Conservation Service as a submitter of reclamation projects
and by revising one of the purposes of the State Reclamation Committee.
Because Oklahoma has policies/procedures for conducting the State's
reclamation program that include coordination with the entities listed
at 30 CFR 884.13(c)(3), as applicable, and has chosen to change them as
they relate to the purpose of the State Reclamation Committee as
proposed in item number 1, we find that the State's proposed revisions
meet the requirements of the Federal regulation at 30 CFR 884.13(c)(3).
Therefore, we are approving the above changes.
b. Currently, item number 2 of the purpose of the State Reclamation
Committee requires the committee to coordinate reclamation activities
taking place in the State with RAMP activities and the State and
Federal AML Programs to avoid duplication of effort.
Oklahoma proposed to remove the requirement to coordinate
reclamation activities taking place in the State with RAMP activities
and the Federal AML Program and proposed to retain the coordination of
reclamation activities taking place in the State with the State AML
Program.
The Federal regulation at 30 CFR 884.13(c)(3) requires a
description of the policies/procedures to be followed by the State in
conducting the reclamation program including the coordination of
reclamation work among the State reclamation program, the RAMP
administered by the U.S. Department of Agriculture's Natural Resources
Conservation Service (formerly the Soil Conservation Service), the
reclamation programs of any Indian tribes located within the State, and
OSM's reclamation program.
As allowed by section 401(c)(2) of SMCRA, moneys in the Abandoned
Mine Reclamation Fund may be transferred on an annual basis to the
Secretary of Agriculture for use under section 406 of SMCRA titled,
``Reclamation of Rural Lands.'' Section 406 of SMCRA establishes the
RAMP. Congress has not appropriated funds to the Secretary of
Agriculture for the RAMP since 1995. Without these appropriations, the
Natural Resources Conservation Service cannot conduct the RAMP in
Oklahoma or any other State. Because the RAMP does not exist in
Oklahoma, the language in Oklahoma's AMLR program requiring
coordination of reclamation with RAMP activities is unnecessary.
Therefore, we are approving the removal of this language from
Oklahoma's AMLR program. However, if Congress appropriates funds for
the RAMP and the Natural Resources Conservation Service conducts such a
program in Oklahoma, it will then become necessary for Oklahoma to
amend its program to include coordination of reclamation activities
with RAMP activities. Also, we are approving the removal of the
requirement to coordinate with the Federal AML Program. This
requirement, found in Section 884.13(c)(2) of the Oklahoma plan, is a
duplication of one currently contained in ``Table 3 Project Ranking and
Selection Procedure'' where the OCC prepares and submits reclamation
project applications to OSM.
C. Section 884.13(c)7 Public Participation Policies
Oklahoma originally proposed to revise the introductory paragraph
by deleting language stating that public participation will be
incorporated in the project selection and the annual grant application
process and by adding language stating that public participation will
be incorporated by utilizing public notices in several newspapers in
the AML areas. After considering the suggestions to the amendment that
we sent to the State via e-mail on January 18, 2005 (Administrative
Record No. OK-994.03), Oklahoma decided to retain the language stating
that public participation will be incorporated in the project selection
and the annual grant application process. The revised introductory
paragraph will read as follows:
Public participation in this program will be encouraged
throughout the period in which the State Reclamation Plan is being
developed and/or amended. Public participation will also be
incorporated in the project selection and the annual grant
application process by utilizing public notices in several
newspapers in the AML areas.
Also, in paragraph (1) titled, ``Public participation in the
development and/or amendment of the State Reclamation Plan,'' the
current language under this title reads as follows:
At least 15 days before the submission of the State Reclamation
Plan to the OSM, the Oklahoma Conservation Commission will begin
public meetings which will be convenient in time and location to the
impacted population. Issues raised in the public meetings will be
addressed by the OCC and documentation of any action taken to
resolve each issue will be made by the OCC.
Oklahoma proposed to revise the first sentence in the above
language by inserting the words, ``or amendment to the State
Reclamation Plan,'' after the words, ``State Reclamation Plan.'' The
revised language reads as follows:
At least 15 days before the submission of the State Reclamation
Plan or amendment to the State Reclamation Plan to the OSM, the
Oklahoma Conservation Commission will begin public meetings which
will be convenient in time and location to the impacted population.
Issues raised in the public meetings will be addressed by the OCC
and documentation of any action taken to resolve each issue will be
made by the OCC.
In paragraph (2) titled, ``Public participation in the annual grant
application process, Oklahoma proposed to remove the current language
and replace it with the following language:
Before the OCC submits the annual grant application, a public
notice is printed in one of the major newspapers requesting input on
the grant application. The public notice gives the purpose of the
grant, where it can be reviewed, where written comments may be sent,
and the comment deadline date.
Finally, Oklahoma proposed to add a new paragraph (3) titled,
``Public participation in the project selection and submission
process.'' This new section provides the general public an opportunity
to identify AML projects for possible reclamation and requires
publication of a public notice in the local newspaper requesting
comments on any proposed project before the OCC submits the project to
OSM. The public notice also requests suggestions for other possible
reclamation of surface coal mine strip pits, underground coal mine open
shafts or mine portals, and any other hazards associated with past coal
mining that pose a threat to the health and safety of the general
public. The public notice provides the contact person and address at
the OCC. In addition, public notices that seek public input on possible
hazardous AML sites will be printed annually in the Tulsa, Muskogee,
McAlester, Claremore, Sallisaw, Poteau, and Vinita newspapers.
[[Page 16944]]
The Federal regulation at 30 CFR 884.13(c)(7) requires each
proposed State reclamation plan to include a description of the
policies and procedures to be followed by the designated agency in
conducting the reclamation program including public participation in
the State reclamation program. Because Oklahoma's State reclamation
plan includes provisions for public participation in the State
reclamation program, it meets the requirement of the above Federal
regulation and we are, therefore, approving the above revisions.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment, but did not receive
any.
Federal Agency Comments
On November 18, 2004, 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 Oklahoma plan (Administrative
Record No. OK-994.01). No comments were received.
V. OSM's Decision
Based on the above findings, we approve the amendment Oklahoma sent
us on November 1, 2004, and as revised on January 24, 2005.
To implement this decision, we are amending the Federal regulations
at 30 CFR part 936, which codify decisions concerning the Oklahoma
plan. We find that good cause exists under 5 U.S.C. 553(d)(3) to make
this final rule effective immediately. Section 405 of SMCRA requires
that the State's plan demonstrate that the State has the capability of
carrying out the provisions of the Act and meeting its purposes. Making
this rule effective immediately will expedite that process. SMCRA
requires consistency of State and Federal standards.
IV. Procedural Determinations
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart Federal
regulations.
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 and has determined that 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
plan amendments because each program is drafted and promulgated by a
specific State or Tribe, not by OSM. Decisions on proposed abandoned
mine land reclamation plans and plan amendments submitted by a State or
Tribe are based solely on a determination of whether the submittal
meets the requirements to Title IV of SMCRA (30 U.S.C. 1231-1243) and
30 CFR part 884 of the Federal regulations.
Executive Order 13132--Federalism
This rule does not have Federalism implications. SMCRA delineates
the roles of the Federal and State governments with regard to the
regulation of abandoned mine reclamation programs. One of the purposes
of SMCRA is to ``establish a nationwide program to protect society and
the environment from the adverse effects of surface coal mining
operations.'' Section 405(d) of SMCRA requires State abandoned mine
land reclamation programs to be in compliance with the procedures,
guidelines, and requirements established under SMCRA.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on Federally-recognized Indian tribes
and have determined that the rule does not have substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
This determination is based on the fact that the Oklahoma plan does not
provide for reclamation and restoration of land and water resources
adversely affected by past coal mining on Indian lands. Therefore, the
Oklahoma plan has no effect on Federally-recognized Indian tribes.
Executive Order 13211--Regulations That Significantly Affect The
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) considered significant under Executive Order 12866, and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Because this rule is exempt from review
under Executive Order 12866 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
National Environmental Policy Act
This rule does not require an environmental impact statement
because agency decisions on proposed State and Tribal abandoned mine
land reclamation plans and plan amendments 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 certifies 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 State submittal, which is the subject of this rule, is based upon
counterpart 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. In making the determination as to whether this rule would
have a significant economic impact, the Department relied upon the data
and assumptions for the counterpart Federal regulations.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not
have an annual effect on the economy of $100 million; (b) Will not
cause a major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions; and (c) Does not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete
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with foreign-based enterprises. This determination is based upon the
fact that the State submittal, which is the subject of this rule, is
based upon counterpart Federal regulations for which an analysis was
prepared and a determination made that the Federal regulation was not
considered a major rule.
Unfunded Mandates
This rule will not impose an unfunded mandate on State, local, or
tribal governments or the private sector of $100 million or more in any
given year. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulations did not impose an
unfunded mandate.
List of Subjects in 30 CFR Part 936
Intergovernmental relations, Surface mining, Underground mining.
Dated: February 14, 2005.
Ervin J. Barchenger,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
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For the reasons set out in the preamble, 30 CFR part 936 is amended as
set forth below:
PART 936--OKLAHOMA
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1. The authority citation for part 936 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
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2. Section 936.25 is amended in the table by adding a new entry in
chronological order by ``Date of Final Publication'' to read as
follows:
Sec. 936.25 Approval of Oklahoma abandoned mine land reclamation plan
amendments.
* * * * *
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Original amendment Date of final
submission date publication Citation/description
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* * * * * * *
11/01/2004................. 4/4/05 Oklahoma Plan Sec. Sec.
884.13(c)2--Project
Ranking and Selection;
(c)3--Coordination with
Other Entities; and (c)7--
Public Participation.
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[FR Doc. 05-6600 Filed 4-1-05; 8:45 am]
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