SUBCHAPTER T -- PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN
     EACH STATE   
PART 916 -- KANSAS

Sec.
916.1          Scope
916.10         State regulatory program approval
916.12         State program provisions and amendments disapproved
916.15         Approval of Kansas regulatory program amendments
916.16         Required regulatory program amendments [Reserved]
916.20         Approval of Kansas abandoned mine land reclamation plan
916.25         Approval of Kansas abandoned mine land reclamation plan amendments

AUTHORITY:  30 U.S.C. 1201 et seq.  

[For the list of Final Rules affecting these sections, as published in the Federal Register, see 
"Regulation History - Changes to the Regulations Parts 900-955, 3/13/79 - 6/30/00".]

30 CFR Sec. 916.1   Scope.  

    This part contains all rules applicable only within Kansas which have been adopted under the Surface Mining
Control and Reclamation Act of 1977.  

[46 FR 5898, Jan. 21, 1981]  

30 CFR Sec. 916.10  State regulatory program approval.  

    The Secretary conditionally approved the Kansas regulatory program, as submitted on February 26, 1980, and
amended on October 31, 1980, effective January 21, 1981. He fully approved the Kansas program, as amended on
May 20, 1981, effective April 14, 1982. Copies of the approved program are available at:  

    (a) Kansas Department of Health and Environment, Surface Mining Section, 4033 Parkview Drive, Frontenac, KS
66763.  

    (b) Office of Surface Mining Reclamation and Enforcement, Mid-Continent Regional Coordinating Center, Alton
Federal Building, 501 Belle Street, Alton, IL 62002.  

[53 FR 39086, Oct. 5, 1988; 60 FR 33724, June 29, 1995; 64 FR 20164, 20167, Apr. 26, 1999]  

[EFFECTIVE DATE NOTE: 64 FR 20164, 20167, Apr. 26, 1999, revised this section, effective Apr. 26, 1999.] 

30 CFR Sec. 916.12  State program provisions and amendments disapproved.  

    (a) The following provisions of the Kansas Administrative Regulations (K.A.R.) as submitted on April 23, 1986,
and January 26, 1988, are disapproved: Paragraphs ( c) and (d) of K.A.R. 47-9-1 insofar as they incorporate by
reference 30 CFR 816.133(d) and 817.133(d), which establish criteria for variances from approximate original
contour requirements.  

    (b) [Reserved]  

[53 FR 39470, Oct. 7, 1988]  

30 CFR Sec. 916.15  Approval of Kansas regulatory program amendments.  

    The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision
approving all, or portions of these amendments, were published in the Federal Register and the State citations or a
brief description of each amendment. The amendments in this table are listed in order of the date of final publication
in the Federal Register.  
______________________________________________________________________________

Original amendment  Date of final       Citation/description
  submission date          publication

May 20, 1981        April 14, 1982      MLCRA 49-411, 412, 413, 414, 416, 421, 49-422, 422a, 430.

Nov. 16, 1982       March 1, 1983       MLCRA 49-403, 49-405c, 49-406, 49-420;
                                10 of House Bill 2182; K.A.R.47-2-21, 47-8-10, 47-8-11.

March 16, 1984      June 8, 1984        MLCRA 49-406; K.A.R. 47-1-10.

Dec. 21, 1984       April 11, 1985      K.A.R. 47-15-13.

April 4, 1985       Nov. 15, 1985       K.S.A 1984 Supp. 49-406(g); K.A.R.47-1-11;
                               47-2-75; 47-3-42, (a)(23), (45); 47-5; 47-8-9(a), (j);
                               47-9-1, 2, 3; 47-13-4, 5, 6; 47-15; Memoranda of 
                               understanding with Fish and Game Commission,
                               Division of Water Resources, Department of Health and 
                               Environment, State Geological Survey, State Historical 
                               Society, State Water Office, State Conservation Commission 
                                and State Fire Marshal. 

April 23, 1986      May 26, 1987        K.A.R. 47-1-4; 47-2-7, 17, 44, 53, a, 75;
                               47-3-2, 3, a, 4, 21, 40, 42; 47-4-14, 15; 47-6-3, 4, 5, 6;
                               47-7-2; 47-8-2, 9, a, 10; 47-9-1, 3, 4; 47-10-1; 47-11-8;
                               47-12-4; 47-15-1a.

Aug. 5, 1987        Dec. 31, 1987       K.S.A. 49-431; K.A.R. 47-9-1.

April 29, 1988      Oct. 5, 1988        K.S.A. 49-402, 404, 405, a through d; 407 through 410,
                               413, 415, 416, a, 417, 420, 421a, 426 through 429,
                               432, 433; K.S.A. 1987 Supplement 49-403, 406, 422a.

Jan. 26, 1988       Oct. 7, 1988        K.A.R. 47-2-75; 47-3-42(a); 47-7-2; 47-9-1 ( c), (d);
                               47-10-1; 47-12-4.

June 8, 1990        Feb. 19, 1991       The revegetation guidance document entitled "Revegetation   
                                        Standards for Success and Statistically Valid Sampling 
                               Techniques for Measuring Revegetation Success".

June 29, 1989       Sept. 13, 1991      K.A.R. 47-1-1, 3, 4, 8, 9, 10, 11; 47-2-14, 21, 53, 67, 75;
                               47-3-1, 2, 3a, 42; 47-4-14a, 15, 16, 17; 47-5-5a, 16;
                               47-6-1 through 4, 6 through 10; 47-7-2; 47-8-9, 11;
                               47-9-1, 2, 4; 47-10-1; 47-11-8; 47-12-4; 47-13-4 through 7;
                               47-15-1a, 3, 4, 7, 8, 15, 17.

June 29, 1989       April 13, 1992,          "Guidelines for repair of rills and gullies in Kansas".
                Sept. 9, 1994  

June 3, 1991        Aug. 19, 1992       Statistical sample adequacy.

July 10, 1992       June 14 and         K.A.R. 47-1-9; 47-2-14, 53a, 58, 67, 75; 47-3-2, 3a, 42;
                Aug. 30, 1993       47-4-14a, 15; 47-5-5a, 16; 47-6-1 through 4, 6, through 10;
                               47-7-2; 47-8-9, 11; 47-9-1, 4; 47-10-1; 47-11-8; 47-12-4;
                               47-13-4, 5; 47-14-4, 7; 47-15-1a, 4, 7, 8.

Sept. 14, 1993      June 3, 1994        K.A.R. 47-2-75(e)(6); 47-4-14a(b), ( c)(7), (11), (d), (2)(F), 
                                (6)(E)(iii), (iv); 47-5-5a(a)(10), (b), (14), (15), (16), (19), 
                                (20), ( c)(7) C); 47-6-7(h)(2);
                               47-9-1( c)(17), (43), (46), (d)(17), (39), (44);
                               47-15-1a, (b)(6), (9), (21).

Aug. 9, 1995        Nov. 27, 1995       Alternative sampling method for determining
                               woody stem density.

May 7, 1997         March 3, 1998       K.A.R. 47-1-1, 3, 4, 8, 9, 10, 11; 
                               47-2-14, 21, 53, 53a, 58, 64, 67, 74, 75; 47-3-1, 2, 3a, 42;
                               47-4-14a, 47-4-15; 47-4-16; 47-4-17; 47-5-5a; 
                               47-5-16; 47-6-1, 2, 3, 4, 6, 7, 8, 9, 10; 47-7-2; 47-8-9, 11;
                               47-9-1, 2, 4; 47-10-1; 47-11-8; 47-12-4; 47-13-4, 5, 6;
                               47-14-7; 47-15-1a; 47-15-3, 4, 7, 8, 15, 17.
________________________________________________________________________________

[48 FR 8446, Mar. 1, 1983, as amended at 49 FR 23836, June 8, 1984; 50 FR 14213, Apr. 11, 1985; 50 FR 47218,
Nov. 15, 1985; 52 FR 19508, May 26, 1987; 52 FR 49398, Dec. 31, 1987; 53 FR 39086, Oct. 5, 1988; 53 FR 39470,
Oct. 7, 1988; 56 FR 6564, Feb. 19, 1991; 56 FR 46547, Sept. 13, 1991; 57 FR 12720, Apr. 13, 1992; 57 FR 37435,
Aug. 19, 1992; 58 FR 32854, June 14, 1993, as corrected at 58 FR 45439, Aug. 30, 1993; 59 FR 28773, June 3,
1994; 59 FR 46552, Sept. 9, 1994; 60 FR 58234, 58236, Nov. 27, 1995; 62 FR 9932, 9941, March 5, 1997; 63 FR
10309, 10317, Mar. 3, 1998]  

[EFFECTIVE DATE NOTE: 63 FR 10309, 10317, Mar. 3, 1998, added an entry to the table, effective Mar. 3,
1998.] 

30 CFR Sec. 916.16  Required regulatory program amendments. [Reserved]  

[53 FR 39470, Oct. 7, 1988, as amended at 56 FR 46548, Sept. 13, 1991; 58 FR 32855, June 14, 1993; 58 FR
34126, June 23, 1993]  

30 CFR Sec. 916.20  Approval of Kansas abandoned mine land reclamation plan.  

    The Secretary conditionally approved the Kansas abandoned mine land reclamation plan, as submitted on October
1, 1981, effective February 1, 1982. He fully approved the Kansas plan, as amended by Kansas House Bill No. 2994
on April 14, 1982, and Kansas House Bill No. 2516 on May 2, 1983, and removed all conditions prohibiting the
funding of State abandoned mine land construction grants, effective June 3, 1983. Copies of the approved plan are
available at:  

    (a) Kansas Department of Health and Environment, Surface Mining Section, 4033 Parkview Drive, Frontenac, KS
66763.  

    (b) Office of Surface Mining Reclamation and Enforcement, Mid-Continent Regional Coordinating Center, Alton
Federal Building, 501 Belle Street, Alton, IL 62002.  

[54 FR 818, Jan. 10, 1989; 60 FR 33724, June 29, 1995; 64 FR 20164, 20167, Apr. 26, 1999]  

[EFFECTIVE DATE NOTE: 64 FR 20164, 20167, Apr. 26, 1999, revised this section, effective Apr. 26, 1999.] 

30 CFR Sec. 916.25  Approval of Kansas abandoned mine land reclamation plan amendments.  

    The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision
approving all, or portions of these amendments, were published in the Federal Register and the State citations or a
brief description of each amendment. The amendments in this table are listed in order of the date of final publication
in the Federal Register.  
________________________________________________________________________________

Original amendment  Date of final       Citation/description
  submission date         publication

April 29, 1988      Oct. 5, 1988        Reorganization of the Regulatory Authority.
                               House Bill 3009 eliminated the Kansas Mined Land 
                               Conservation and Reclamation Board and transferred 
                               its functions and staff to the Kansas Department of Health
                               and Environment.

Sept. 30, 1988      Jan. 10, 1989       Approval of emergency reclamation program.

June 29 and         Nov. 30, 1989       KAR 47-16-1, -16-2, -16-4 through -8; policy and procedures 
 July 26, 1989                      for project ranking and selection; organization structure;
                               public participation.

Oct. 25, 1991       April 13, 1992      KAR 47-16-5(b), -6.

May 7, 1997         March 3, 1998       K.A.R. 47-16-1 through 47-16-11.

March 17, 1998      June 8, 1998        Section 884.13( c)(2) and (d)(3).
________________________________________________________________________________

[54 FR 49281, Nov. 30, 1989, as amended at 57 FR 12718, Apr. 13, 1992; 62 FR 9932, 9941, March 5, 1997; 63 FR
10309, 10317, Mar. 3, 1998; 63 FR 31109, 31112, June 8, 1998]  

[EFFECTIVE DATE NOTE: 63 FR 10309, 10317, Mar. 3, 1998, added an entry to the table, effective Mar. 3, 1998;
63 FR 31109, 31112, June 8, 1998, added an entry to the table, effective June 8, 1998.]