[Federal Register Volume 62, Number 164 (Monday, August 25, 1997)]
[Rules and Regulations]
[Pages 44899-44900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22416]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 934
[ND-036-FOR, Amendment No. XXIV]
North Dakota Regulatory Program
AGENCY: The Office of Surface Mining Reclamation and Enforcement,
Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: Office of Surface Mining Reclamation and Enforcement (OSM) is
approving a proposed amendment to the North Dakota regulatory program
(hereinafter, the ``North Dakota program'') under the Surface Mining
Control and Reclamation Act of 1977 (SMCRA). North Dakota proposed
deletions of statutes pertaining to the North Dakota Reclamation
Research Advisory Committee. The amendment revised the North Dakota
program to improve operational efficiency.
EFFECTIVE DATE: August 25, 1997.
FOR FURTHER INFORMATION CONTACT: Guy Padgett, Casper Field Office
Director, Telephone: (307) 261-6550, Internet address:
[email protected]
SUPPLEMENTARY INFORMATION:
I. Background on the North Dakota Program
On December 15, 1980, the Secretary of the Interior conditionally
approved the North Dakota program. General background information on
the North Dakota program, including the Secretary's findings, the
disposition of comments, and the conditions of approval of the North
Dakota program can be found in the December 15, 1980, Federal Register
(45 FR 82214). Subsequent actions concerning North Dakota's program and
program amendments can be found at 30 CFR 934.15, 934.16, and 934.30.
II. Proposed Amendment
By letter dated May 2, 1997, North Dakota submitted a proposed
amendment to its program (amendment No. XXIV, administrative record No.
ND-Y-01) pursuant to SMCRA (30 U.S.C. 1201 et seq.). North Dakota
submitted the proposed amendment at its own initiative. The provisions
of the North Dakota Century Code (NDCC) that North Dakota proposed to
delete were: NDCC 38-14.1-04.1, Reclamation Research Advisory
Committee; NDCC 38-14.1-04.2, advisory committee responsibilities; and
NDCC 38-14.1-04.3, reclamation research objectives.
OSM announced receipt of the proposed amendment in the June 5,
1997, Federal Register (62 FR 30800), provided an opportunity for a
public hearing or meeting on its substantive adequacy, and invited
public comment on its adequacy (administrative record No. ND-Y-06).
Because no one requested a public hearing or meeting, none was held.
The public comment period ended on July 7, 1997.
III. Director's Findings
As discussed below, the Director, in accordance with SMCRA and 30
CFR 732.15 and 732.17, finds that the proposed program amendment
submitted by North Dakota on May 2, 1997, is not inconsistent with
SMCRA. Accordingly, the Director approves the proposed amendment.
NDCC 38-14.1-04.1, 2, and 3, Reclamation Research Advisory Committee;
Advisory Committee Responsibilities; Reclamation Research Objectives
These actions established the Reclamation Research Advisory
Committee, enumerated its responsibilities, and listed its objectives.
As stated in the narrative that accompanied this State Program
Amendment, the Committee was set up to review and inventory reclamation
research projects that have been conducted in North Dakota, and to
review and recommend proposed research projects that would be funded
and administrated by the Public Service Commission. Through the
Committee, the Public Service Commission has carried out the reviews
and inventories of reclamation research projects that have been carried
out in North Dakota. With the closing of the North Dakota State
University's Land Reclamation Research Center in Mandan and with very
few other active reclamation research projects in the state, there is
no longer a need for updating this inventory in the future. In
addition, except for a few abandoned mined land research projects that
were completed with Federal funds, no funds have been available to the
Commission for carrying out reclamation research and no funds are
anticipated for Commission funded reclamation research in the future.
Since there is no longer a need for the committee, the North Dakota
Legislative voted, and the Governor signed, legislation to repeal the
provisions establishing it. Since the provisions concerning the
Reclamation Research Advisory Committee have no counterpart in SMCRA,
repealing the provisions is not inconsistent with SMCRA.
IV. Summary and Disposition of Comments
Following are summaries of all written comments on the proposed
amendment that were received by OSM, and OSM's responses to them.
1. Public Comments
OSM invited public comments on the proposed amendment, but none
were received.
2. Federal Agency Comments
Pursuant to 30 CFR 732.17(h)(11)(i), OSM solicited comments on the
proposed amendment from various Federal agencies with an actual or
potential interest in the North Dakota program.
The U.S. Fish and Wildlife Service responded on June 25, 1997, that
it believed the proposed changes by North Dakota are logical and
reasonable (administrative record No. ND-Y-02).
The U.S. Army Corps of Engineers responded on June 24, 1997, that
it concurs with the elimination of the committee (administrative record
number ND-Y-04).
3. Environmental Protection Agency (EPA) Concurrence and Comments
Pursuant to 30 CFR 732.17(h)(11)(i), OSM solicited comments from
EPA (administrative record No. ND-Y-05). It responded June 26, 1997,
with a ``no comment'' letter (administrative record No. ND-Y-03).
4. State Historic Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Pursuant to 30 CFR 732.17(h)(4), OSM solicited comments on the
proposed amendment from the SHPO and ACHP (administrative record No.
ND-Y-05). Neither SHPO nor ACHP responded to OSM's request.
V. Director's Decision
Based on the above finding, the Director approves North Dakota's
proposed amendment as submitted on May 2, 1997. The Director approves,
as discussed in the Director's Finding Section, deletion of NDCC 38-
14.1-04.1, Reclamation Research Advisory Committee; NDCC 38-14.1-04.2,
Advisory Committee Responsibilities; and NDCC 38-14.1-04.3, Reclamation
Research Objectives.
The Federal regulations at 30 CFR Part 934, codifying decisions
concerning the North Dakota program, are being
[[Page 44900]]
amended to implement this decision. This final rule is being made
effective immediately to expedite the State program amendment process
and to encourage States to bring their programs into conformity with
the Federal standards without undue delay. Consistency of State and
Federal standards is required by SMCRA.
VI. Procedural Determinations
1. 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).
2. Executive Order 12988
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 (Civil Justice Reform) and has
determined that 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 regulatory programs and
program amendments since each such program is drafted and promulgated
by a specific State, not by OSM. Under sections 503 and 505 of SMCRA
(30 U.S.C. 1253 and 1255) and the Federal regulations at 30 CFR 730.11,
732.15, and 732.17(h)(10), decisions on proposed State regulatory
programs and program amendments submitted by the States must be based
solely on a determination of whether the submittal is consistent with
SMCRA and its implementing Federal regulations and whether the other
requirements of 30 CFR Parts 730, 731, and 732 have been met.
3. National Environmental Policy Act
No environmental impact statement is required for this rule since
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency
decisions on proposed States regulatory program provisions do not
constitute major Federal actions within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C)).
4. 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.).
5. Regulatory Flexibility Act
The Department of the Interior has determined that this rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The State submittal that 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. Accordingly, this rule will ensure that existing requirements
previously promulgated by OSM will be implemented by the State. 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.
6. Unfunded Mandates
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
List of Subjects in 30 CFR Part 934
Intergovernmental relations, Surface mining.
Dated: August 5, 1997.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
For the reasons set out in the preamble, title 30, chapter VII,
subchapter T of the Code of Federal Regulations is amended as set forth
below:
PART 934--NORTH DAKOTA
1. The authority citation for part 934 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 934.15 is amended in the table by adding a new entry in
chronological order by ``Date of Final Publication'' to read as
follows:
Sec. 934.15 Approval of North Dakota regulatory program amendments.
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Original amendment submission date Date of final publication Citation/description
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May 2, 1997.............................. August 25, 1997......................... NDCC 38-14.1-04.1, .2, .3
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[FR Doc. 97-22416 Filed 8-22-97; 8:45 am]
BILLING CODE 4310-05-M
