[Federal Register Volume 60, Number 125 (Thursday, June 29, 1995)]
[Rules and Regulations]
[Pages 33723-33725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15968]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Parts 756, 902, 916, and 944
Navajo Nation, Hopi Tribe, Alaska, Kansas, and Utah Abandoned
Mine Land Reclamation (AMLR) Plans and Alaska and Kansas Regulatory
Programs
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; technical amendment.
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SUMMARY: OSM is making technical amendments to 30 CFR Chapter VII,
Subchapters E and T. OSM is updating or adding addresses for the
locations of the publicly available copies of the Navajo Nation, Hopi
Tribe, Alaska, Kansas, and Utah AMLR plans and the Alaska and Kansas
regulatory programs, correcting the codification of the section
approving the Utah AMLR plan, and making other minor codification
changes for consistency.
EFFECTIVE DATE: June 29, 1995.
FOR FURTHER INFORMATION CONTACT:
Leslie Stream, Branch of Environmental and Economic Analysis, Office of
Surface Mining Reclamation and Enforcement, 1951 Constitution Ave.,
NW., Washington, DC 20240, Telephone: (202) 208-2840.
SUPPLEMENTARY INFORMATION:
I. Background
Since July 1, 1994, the date of the most recent revision to Title
30 of the Code of Federal Regulations (30 CFR Part 700 to End), OSM has
become aware of changes that need to be made to the addresses of State,
Tribe, and OSM offices involved in certain State and Tribe AMLR plans
and to the addresses of State and OSM offices involved in certain State
regulatory programs. OSM is updating or adding State, Tribe, and OSM
addresses at 30 CFR Parts 756, 902, 916, and 944 to accurately indicate
where copies of the Navajo Nation, Hopi Tribe, Alaska, Kansas, and Utah
AMLR plans are available for public inspection and copying. Similarly,
and in accordance with 30 CFR 732.11(a), OSM is updating State and OSM
office addresses at 30 CFR Parts 902 and 916 to accurately indicate
where copies of the Alaska and Kansas regulatory programs are available
for public inspection and copying.
OSM is also taking this opportunity to correct the codification of
the paragraphs within section 30 CFR 944.20 approving the Utah AMLR
plan. OSM is correcting the codification set forth in the Federal
Register on September 27, 1994 (59 FR 49185, 49189).
Lastly, to ensure consistency in the codification of certain AMLR
plan and regulatory program sections, OSM is lettering certain
paragraphs that were previously unlettered.
II. Procedural Matters
1. Administrative Procedure Act
The minor revisions contained in this rulemaking are technical in
nature. Accordingly, pursuant to 5 U.S.C. 553(b)(B), it has been
determined that the notice and public comment procedures of the
Administrative Procedure Act are unnecessary. For the same reason, it
has been determined that in accordance with 5 U.S.C. 553(d), there is
good cause to make the rule effective on the date of publication in the
Federal Register.
2. Executive Order 12866
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866 (Regulatory Planning and
Review).
3. Executive Order 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 (Civil Justice Reform) and has
determined that this rule meets the applicable standards of subsections
(a) and (b) of that section. This rule (1) does not preempt any State,
Tribal, or local laws or regulations; (2) has no retroactive effect;
and (3) does not require administrative proceedings before parties may
file suit in court challenging its provisions.
4. National Environmental Policy Act
This rule has been reviewed by OSM and it has been determined to be
categorically excluded from the National Environmental Policy Act
(NEPA) process in accordance with the Departmental Manual (516 DM 2
appendix 1.10) and the Council on Environmental Quality Regulations for
Implementing the Procedural Provisions of NEPA (40 CFR 1507.3).
[[Page 33724]]
5. 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.).
6. Regulatory Flexibility Act
The Department of the Interior has determined that this rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
This rule merely revises addresses contained in the regulations.
List of Subjects in 30 CFR Parts 756, 902, 916, and 944
Abandoned mine land reclamation program, Indian lands,
Intergovernmental relations, Surface mining, Underground mining.
Dated: June 22, 1995.
Peter A. Rutledge,
Acting Regional Director, Western Regional Coordinating Center.
For the reasons set forth in the preamble, Title 30, Chapter VII,
Subchapters E and T of the Code of Federal Regulations are amended as
set forth below:
PART 756--INDIAN TRIBE ABANDONED MINE LAND RECLAMATION PROGRAMS
1. The authority citation for Part 756 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq. and Pub. L. 100-71.
2. Section 756.13 is revised to read as follows:
Sec. 756.13 Approval of the Navajo Nation's Abandoned Mine Land Plan.
The Navajo Nation's Abandoned Mine Land Plan as submitted in June
1982, resubmitted in September 1983, and amended in February 1988, is
approved effective May 16, 1988. Copies of the approved program are
available at:
(a) The Navajo Nation, Navajo Abandoned Mine Land Reclamation
Department, Division of Natural Resources, Navajo Nation Inn--Office
Complex, P.O. Box 1875, Window Rock, AZ 86515, Telephone: (520) 871-
7593.
(b) Office of Surface Mining Reclamation and Enforcement,
Albuquerque Field Office, 505 Marquette Ave., NW., Suite 1200,
Albuquerque, NM 87102, Telephone: (505) 766-1486.
3. Section 756.15 is revised to read as follows:
Sec. 756.15 Approval of the Hopi Tribe's Abandoned Mine Land
Reclamation Plan.
The Hopi Tribe's Abandoned Mine Land Reclamation Plan as submitted
in July 1983, and amended in March and May 1988, is approved effective
June 28, 1988. Copies of the approved plan are available at the
following locations:
(a) The Hopi Tribe, Hopi Abandoned Mine Land Program, Department of
Natural Resources, Honahni Building, P.O. Box 123, Kykotsmovi, AZ
86039, Telephone: (520) 734-2441.
(b) Office of Surface Mining Reclamation and Enforcement,
Albuquerque Field Office, 505 Marquette Ave., NW., Suite 1200,
Albuquerque, NM 87102, Telephone: (505) 766-1486.
PART 902--ALASKA
1. The authority citation for Part 902 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 902.10 is revised to read as follows:
Sec. 902.10 State regulatory program approval.
The Alaska State program as submitted on July 23, 1982, and as
amended and clarified on December 13, 1982, and January 11, 1983, is
approved effective May 2, 1983. Beginning on that date, the Alaska
Department of Natural Resources shall be deemed the regulatory
authority in Alaska for all surface coal mining and reclamation
operations and all exploration operations on non-Federal and non-Indian
lands. Only surface coal mining and reclamation operations on non-
Federal and non-Indian lands shall be subject to the provisions of the
Alaska permanent regulatory program. Copies of the approved program are
available at the following addresses:
(a) Department of Natural Resources, Division of Mining and Water
Management, 3601 C Street, Suite 800, Anchorage, AK 99503-5925,
Telephone: (907) 762-2149.
(b) Office of Surface Mining Reclamation and Enforcement, Casper
Field Office, 100 East B Street, Room 2128, Casper, WY 82601-1918,
Telephone: (307) 261-5776.
3. Section 902.20 is revised to read as follows:
Sec. 902.20 Approval of Alaska Abandoned Mine Land Reclamation Plan.
The Alaska Reclamation Plan, as submitted on August 17, 1983, is
approved effective December 23, 1983. Copies of the approved plan are
available at:
(a) Department of Natural Resources, Division of Mining and Water
Management, 3601 C Street, Suite 800, Anchorage, AK 99503-5925,
Telephone: (907)762-2149.
(b) Office of Surface Mining Reclamation and Enforcement, Casper
Field Office, 100 East B Street, Room 2128, Casper, WY 82601-1918,
Telephone: (307)261-5776.
PART 916--KANSAS
1. The authority citation for Part 916 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 916.10 is revised to read as follows:
Sec. 916.10 State regulatory program approval.
The Kansas program as submitted on February 26, 1980, and amended
on October 31, 1980, was conditionally approved effective January 21,
1981. Beginning on that date, and continuing until July 1, 1988, the
Kansas Mined Land Conservation and Reclamation Board was deemed the
regulatory authority in Kansas for all surface coal mining and
reclamation operations on non-Federal and non-Indian lands. Beginning
on July 1, 1988, the Department of Health and Environment shall be
deemed the regulatory authority, pursuant to the program transfer
provisions of House Bill 3009 as signed by the Governor of Kansas on
April 8, 1988. Copies of the approved program, as amended, are
available at:
(a) Kansas Department of Health and Environment, Bureau of
Environmental Remediation, Surface Mining Section, 1501 South Joplin,
P.O. Box 1418, Pittsburg, KS 66762, Telephone: (316)231-8615.
(b) Office of Surface Mining Reclamation and Enforcement, Kansas
City Field Office, 934 Wyandotte Street, Room 500, Kansas City, MO
64105, Telephone: (816)374-6405.
3. Section 916.20 is revised to read as follows:
Sec. 916.20 Approval of Kansas Abandoned Mine Land Reclamation Plan.
The Kansas AMLR Plan as submitted on October 1, 1981, and as
amended by Kansas Statute 49-428 on April 14, 1982, is hereby fully
approved and all conditions prohibiting the funding of State AML
construction grants are deleted. Copies of the approved Kansas AMLR
plan are available at:
(a) Kansas Department of Health and Environment, Bureau of
Environmental Remediation, Surface Mining Section, 1501 South Joplin,
P.O. Box 1418, Pittsburg, KS 66762, Telephone: (316)231-8615.
(b) Office of Surface Mining Reclamation and Enforcement, Kansas
[[Page 33725]]
City Field Office, 934 Wyandotte Street, Room 500, Kansas City, MO
64105, Telephone: (816)374-6405.
PART 944--UTAH
1. The authority citation for Part 944 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 944.20 is revised to read as follows:
Sec. 944.20 Approval of Utah Abandoned Mine Plan.
The Utah Abandoned Mine Plan as submitted on February 9, 1983, and
as subsequently revised, is approved effective June 3, 1983. Copies of
the approved plan are available at:
(a) Division of Oil, Gas and Mining, Department of Natural
Resources, 3 Triad Center, Suite 350, 355 West North Temple, Salt Lake
City, UT 84180-1203, Telephone: (801)538-5340.
(b) Office of Surface Mining Reclamation and Enforcement,
Albuquerque Field Office, 505 Marquette Avenue NW., Suite 1200,
Albuquerque, NM 87102, Telephone: (505)766-1486.
[FR Doc. 95-15968 Filed 6-28-95; 8:45 am]
BILLING CODE 4310-05-M
