Oklahoma Abandoned Mine Land Reclamation Plan, 16941-16945 [05-6600]
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Regulatory Findings
Administrative Procedure Act
In accordance with provisions of the
Administrative Procedure Act governing
rules promulgated by Federal agencies
that affect the public (5 U.S.C. 552), the
Department is publishing this direct
final rule and inviting public comment.
Regulatory Flexibility Act
The Department of State, in
accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), has
reviewed this regulation and, by
approving it, certifies that this rule will
not have a significant economic impact
on a substantial number of small
entities.
Unfunded Mandates Reform Act of 1995
This rule will not result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any year and it will not significantly
or uniquely affect small governments.
Therefore, no actions were deemed
necessary under the Unfunded
Mandates Reform Act of 1995.
Small Business Regulatory Enforcement
Fairness Act of 1996
This rule is not a major rule as
defined by section 804 of the Small
Business Regulatory Enforcement
Fairness Act of 1996. This rule will not
result in an annual effect on the
economy of $100 million or more; a
major increase in costs or prices; or
significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of United States-based
companies to compete with foreign
based companies in domestic and
import markets.
Executive Order 12866
The Department of State does not
consider this rule to be a ‘‘significant
regulatory action’’ under Executive
Order 12866, section 3(f), Regulatory
Planning and Review. In addition, the
Department is exempt from Executive
Order 12866 except to the extent that it
is promulgating regulations in
conjunction with a domestic agency that
are significant regulatory actions. The
Department has nevertheless reviewed
the regulation to ensure its consistency
with the regulatory philosophy and
principles set forth in that Executive
Order.
Executive Order 13132
This regulation will not have
substantial direct effects on the States,
on the relationship between the national
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government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with section 6 of Executive
Order 13132, it is determined that this
rule does not have sufficient federalism
implications to require consultations or
warrant the preparation of a federalism
summary impact statement.
Paperwork Reduction Act
This rule does not impose any new
reporting or recordkeeping requirements
subject to the Paperwork Reduction Act,
44 U.S.C. chapter 35.
List of Subjects in 22 CFR Part 10
Conflict of interest, Government
employees.
I Accordingly, under the authority of the
Ethics in Government Act of 1978 (5
U.S.C. App.); Executive Order 12674, as
modified by Executive Order 12731; 5
CFR Part 2634 and 5 CFR Part 2635, the
Department of State and the United
States Agency for International
Development are amending 22 CFR
chapter 1 by removing part 10.
Dated: January 19, 2005.
Grant S. Green Jr.,
Under Secretary of State for Management,
Department of State.
Dated: March 11, 2005.
Steven Wisecarver,
Acting Assistant Administrator for
Management, U.S. Agency for International
Development.
[FR Doc. 05–6383 Filed 4–1–05; 8:45 am]
BILLING CODE 4710–08–P
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
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of
amendment.
AGENCY:
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
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16941
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:
mwolfrom@osmre.gov.
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
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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 email 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
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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
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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
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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,
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‘‘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
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16943
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.
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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.
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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 Federallyrecognized 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
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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
Original
amendment submission date
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.
For the reasons set out in the preamble,
30 CFR part 936 is amended as set forth
below:
I
Date of final
publication
*
11/01/2004 ........
*
4/4/05
1. The authority citation for part 936
continues to read as follows:
I
Authority: 30 U.S.C. 1201 et seq.
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:
I
§ 936.25 Approval of Oklahoma
abandoned mine land reclamation plan
amendments.
*
*
*
*
*
*
*
*
*
*
Oklahoma Plan §§ 884.13(c)2—Project Ranking and Selection; (c)3—Coordination with Other Entities; and
(c)7—Public Participation.
SUPPLEMENTARY INFORMATION:
BILLING CODE 4310–05–P
I. Background on the Wyoming Program
II. Submission of the Proposed Amendment
III. Office of Surface Mining’s (OSM’s)
Findings
IV. Summary and Disposition of Comments
V. OSM’s Decision
VI. Procedural Determinations
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
I. Background on the Wyoming
Program
30 CFR Part 950
[WY–032–FOR]
Wyoming Regulatory Program
Office of Surface Mining
Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of
amendment.
AGENCY:
SUMMARY: We are approving, with one
exception, a proposed amendment to
the Wyoming regulatory program (the
‘‘Wyoming program’’) under the Surface
Mining Control and Reclamation Act of
1977 (SMCRA or the Act). Wyoming
proposed to remove rules pertaining to
soft rock surface mining and to revise
and add rules about highwalls and coal
exploration. Wyoming intended to
revise or revised its program to be
consistent with the corresponding
Federal regulations, provide additional
safeguards, clarify ambiguities, and to
enhance and diversify reclamation.
DATES: Effective Date: April 4, 2005.
FOR FURTHER INFORMATION CONTACT:
James F. Fulton, Chief, Denver Field
Division, telephone: (303) 844–1400,
extension 1424; Internet address:
jfulton@osmre.gov.
16:10 Apr 01, 2005
PART 936—OKLAHOMA
Citation/description
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Section 503(a) of the Act permits a
State to assume primacy for the
regulation of surface coal mining and
reclamation operations on non-Federal
and non-Indian lands within its borders
by demonstrating that its State program
includes, among other things, ‘‘a State
law which provides for the regulation of
surface coal mining and reclamation
operations in accordance with the
requirements of this Act * * * and
rules and regulations consistent with
regulations issued by the Secretary
pursuant to this Act.’’ See 30 U.S.C.
1253(a)(1) and (7). On the basis of these
criteria, the Secretary of the Interior
conditionally approved the Wyoming
program on November 26, 1980. You
can find background information on the
Wyoming program, including the
Secretary’s findings, the disposition of
comments, and conditions of approval
in the November 26, 1980, Federal
Register (45 FR 78637). You can also
find later actions concerning Wyoming’s
program and program amendments at 30
CFR 950.10, 950.12, 950.15, 950.16, and
950.20.
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
II. Submission of the Proposed
Amendment
By letter dated May 21, 2004,
Wyoming sent us an amendment to its
program (Rule Package 1R,
Administrative Record number WY–37–
1) under SMCRA (30 U.S.C. 1201 et
seq.). Wyoming sent the amendment in
response to a February 21, 1990, letter
(Administrative Record number WY–
37–7) that we sent to the State under 30
CFR 732.17(c), and in response to the
required program amendments at 30
CFR 950.16(a), (w), and (ll), and to
include the changes made at its own
initiative.
Changes Wyoming proposed to make
in its Coal Rules included: (1) Chapter
1, section 2(l), revising the definition of
‘‘coal exploration;’’ (2) Chapter 1,
section 2(ce), removing the definition of
‘‘soft rock surface mining;’’ (3) Chapter
4, section 2(b)(iv)(A), adding provisions
for small depressions; (4) Chapter 4,
section 2(b)(ix), (ix)(A), (B), and (C),
removing soft rock surface mining
provisions for backfilling and grading;
(5) Chapter 4, section 2(b)(ix)(D),
retaining and revising a soft rock mining
provision for highwall retention; (6)
Chapter 10, sections 1 and 1(b)(iii),
revising requirements for coal
exploration of 250 tons or less; (7)
Chapter 10, sections 2(b), (b)(i), (ii), (iii),
(iv), (v), (vi), (vii), (viii), (ix), (x), (xi),
and (xii), adding and revising
application requirements for coal
exploration of more than 250 tons or in
areas designated unsuitable for mining;
(8) Chapter 10, section 3(b), revising
E:\FR\FM\04APR1.SGM
04APR1
]]>Agencies
[Federal Register Volume 70, Number 63 (Monday, April 4, 2005)]
[Rules and Regulations]
[Pages 16941-16945]
From the Federal Register Online via the Government Printing 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.
-----------------------------------------------------------------------
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:
mwolfrom@osmre.gov.
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
[[Page 16945]]
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.
0
For the reasons set out in the preamble, 30 CFR part 936 is amended as
set forth below:
PART 936--OKLAHOMA
0
1. The authority citation for part 936 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
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.
* * * * *
------------------------------------------------------------------------
Original amendment Date of final
submission date publication Citation/description
------------------------------------------------------------------------
* * * * * * *
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.
------------------------------------------------------------------------
[FR Doc. 05-6600 Filed 4-1-05; 8:45 am]
BILLING CODE 4310-05-P
