[Federal Register Volume 64, Number 47 (Thursday, March 11, 1999)]
[Proposed Rules]
[Pages 12142-12147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5334]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Parts 3400 and 3420
[WO-320-3420-24 1A]
RIN 1004-AD27
Public Participation in Coal Leasing
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed rule.
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SUMMARY: The Bureau of Land Management (BLM) is proposing this rule as
a result of a settlement agreement and the passage of a new law. In the
settlement agreement, BLM agreed to establish, by regulation, the
points where the public may participate in the regional coal leasing
process. This proposed rule would also amend the regulations to conform
to statutory changes made by the Unfunded Mandates Reform Act of 1995
which exempted several types of meetings from Federal Advisory
Committee Act requirements. BLM is proposing that Regional Coal Team
meetings are no longer subject to the Federal Advisory Committee Act
under the new law. The proposed changes do not substantially alter
current BLM policy on public participation in coal leasing, they simply
establish that policy by regulation.
DATES: You should submit your comments by May 10, 1999. BLM may not
consider comments postmarked or received by electronic mail after the
above date in the decision-making process on the final rule.
ADDRESSES: You may hand-deliver comments to Bureau of Land Management,
Administrative Record, Room 401, 1620 L St., N.W., Washington, D.C., or
mail comments to Bureau of Land Management, Administrative Record, Room
401LS, 1849 C St., N.W., Washington, D.C. 20240. You may also transmit
comments electronically to WOComment@wo.blm.gov; in that case please
submit comments as an ASCII file to minimize computer problems, and
please include ``attn.:AD27.'' If you do not receive confirmation from
the system that we received your Internet message, contact us directly.
FOR FURTHER INFORMATION CONTACT: Philip Allard, Solid Minerals Group,
(202) 452-5195. For assistance in reaching the above contact,
individuals who use a telecommunications device for the deaf (TDD) may
call the Federal Information Relay Service at 1-800-877-8339 between
8:00 a.m. and 8:00 p.m., Eastern time, Monday through Friday, except
holidays.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Discussion of Proposed Rule
IV. Procedural Matters
I. Public Comment Procedures
How do I comment on the proposed rule?
Please submit your comments on the proposed rule in writing. Please
confine your comments to issues related to the proposed rule and
explain the need for any changes you recommend. Where possible, your
comment should refer to the specific section or paragraph of the
proposal you are addressing.
Will my comments be available to others?
Yes. BLM will make your comments, including your name and address,
available for public review at the ``L Street'' address listed in
ADDRESSES above during regular business hours (7:45 a.m. to 4:15 p.m.,
Monday through Friday, except Federal holidays). BLM will also post all
comments on its home page (http://www.blm.gov) at the end of the
comment period.
Can BLM keep my identity confidential?
Yes, under certain conditions BLM can keep your personal
information confidential. You must request confidentiality and
prominently state your request at the beginning of your comment. BLM
will consider withholding your name, street address, and other
identifying information on a case-by-case basis to the extent allowed
by law.
BLM will make publically available all submissions from
organizations and businesses and from individuals identifying
themselves as representatives or officials of organizations or
businesses.
II. Background
Why are we proposing to change the coal leasing regulations?
BLM is proposing this rule for two reasons: to respond to a
settlement agreement entered into in July 1997 and to respond to a new
law passed in March 1995.
What was the settlement agreement about?
The Department of the Interior's coal leasing regulations were
challenged in a lawsuit, Natural Resources Defense Council, Inc., et
al. v. Jamison, et al., Civil No. 82-2763 (D. D.C.). In December 1992,
the court decided that
[[Page 12143]]
the Department had not complied with section 202(f) of the Federal Land
Policy and Management Act, 43 U.S.C. 1712(f). The court held that
although BLM's competitive leasing handbook describes public
participation procedures, the Department should establish these
procedures by regulation. During appeal of this decision, the parties
negotiated to settle the case. In July 1997, the Department and the
plaintiffs entered into a settlement agreement. Civil No. 82-2763 (D.
C. Circuit No. 93-5029).
In the settlement, the Department agreed to propose a rule
identifying the points where the public may participate in coal leasing
decisions. Since BLM already provides this information in its
competitive leasing handbook, this proposed rule does not substantially
alter public participation opportunities in competitive leasing.
Specific points of public participation are discussed in the
``Discussion of Proposed Rule'' section below.
What is the new law about?
On March 22, 1995, Congress passed the Unfunded Mandates Reform
Act. Section 204(b) of this law (2 U.S.C. 1534) states that the
requirements under another law, the Federal Advisory Committee Act
(FACA), 5 U.S.C. Appendix 1, do not apply to intergovernmental
communications when:
The meetings are exclusively between Federal officials and
elected officers of State, local and tribal governments or their
representatives, and
The meetings are only to exchange views, information, or
advice relating to Federal programs that share intergovernmental
responsibilities.
The Solicitor's Office of the Department of the Interior determined
that these provisions exempt Regional Coal Teams (RCTs) from the
requirements of FACA. Because existing regulations at subpart 3400
incorporate FACA regulations at subpart 1784, the proposed rule amends
that reference and clarifies which portion of the FACA regulations
apply to RCTs.
How does BLM lease coal?
BLM primarily offers coal for lease competitively. There are two
types of competitive leasing, ``regional coal leasing'' and ``leasing-
on-application.''
What is regional coal leasing?
The Department of the Interior initiates the regional coal leasing
process. Based on consideration of the demand for Federal coal,
national energy needs, and other factors, BLM must determine whether to
offer Federal coal lands for lease and which coal to offer. Since
issues surrounding coal leasing can vary greatly from region to region,
Federal coal production regions assist BLM in this determination by
grouping together areas with similar issues.
What are Federal coal production regions?
BLM has divided coal deposits into broad blocks of Federally owned
coal called Federal coal production regions. There are six Federal coal
production regions, principally located in the western United States.
The Federal coal production regions are:
The Southern Appalachian Region, in northwestern Alabama,
The Fort Union Region of eastern Montana and western North
Dakota,
The Green River-Hams Fork Region of northwestern Colorado
and southern Wyoming,
The Powder River Region of northeastern Wyoming and
southeastern Montana,
The San Juan Region of northwestern New Mexico and
southwestern Colorado, and
The Uinta-Southwestern Utah Region of eastern Utah and
western Colorado.
What are regional coal teams?
RCTs are composed of BLM employees and State Governors or their
designees in the states where the coal tracts are located. The RCTs
recommend the leasing level, a target amount of coal that BLM may offer
for sale, and the lease sale schedule to the BLM Director. The BLM
Director makes recommendations to the Secretary of the Interior. The
Secretary makes the final decision on leasing levels and a lease sale
schedule, taking into account recommendations from:
The BLM Director,
The RCT,
The State Governors, and
Other interested and affected groups, including members of
the general public.
How do we conduct the regional coal leasing process?
First, BLM begins the process by creating a land use plan, in which
BLM-managed lands are reviewed to determine, among many factors, the
presence or absence of:
Coal,
Other resources that might preclude developing the coal,
Other uses for the land that might be preferable to coal
development, and
Any qualified surface owners who oppose or favor coal
development.
This review allows BLM to identify the land that is acceptable for
further consideration for coal leasing.
Second, the Secretary sets the leasing level for the region after
considering the land use plan, the amount of leasing interest in the
region, national energy needs, and other factors.
Third, BLM initiates ``regional coal activity planning,'' during
which BLM prepares environmental documents that analyze one or more
combinations of tracts that equal the leasing level and alternative
combinations of tracts.
Finally, the Secretary determines the lease sale schedule based on
the environmental analysis and public comments and comments from State
Governors, tribal governments, and other Federal agencies. The schedule
includes the number of tracts that will be offered for lease and the
timing of the lease sales.
What is leasing-on-application?
The leasing-on-application process is one which individuals or
companies initiate, unlike regional coal leasing which is government
initiated.
How do we conduct the leasing-on-application process?
Under this method of competitive leasing, an individual or company
takes the first step by applying for a particular coal deposit. Two
major differences from regional coal leasing are:
There is no need to establish a leasing level because the
amount of coal applied for provides a starting point for the amount of
coal to be analyzed; and
There is no leasing schedule because BLM usually offers
coal tracts based on at most one or two applications in leasing-on-
application lease sales.
The RCT located in the applicable coal production region may review
the applications and may make whatever recommendations it believes are
appropriate on the coal tracts. For a number of years, BLM has
competitively leased Federal coal exclusively through the leasing-on-
application process as it meets current demand for new coal leases.
III. Discussion of Proposed Rule
How would RCT meetings change under the proposed rule?
This proposed rule would not substantially change RCT meetings.
Section 204(b) of the Unfunded Mandates Reform Act identifies several
types of meetings exempt from FACA. FACA requires that committees that
advise the Secretary on particular issues follow certain procedures,
including
[[Page 12144]]
those involving public participation. Although RCT meetings are now
exempt from FACA requirements under the Unfunded Mandates Reform Act,
BLM will, nevertheless, continue to provide public participation
opportunities identified in FACA at RCT meetings when BLM determines
RCT involvement is appropriate.
This proposed rule would amend regulations at section 3400.4 by
replacing a subsection that incorporates all of the FACA regulations in
43 CFR 1784 with a subsection that references only the public
participation regulations in sections 1784.4-2, 1784.4-3 and the
operating procedures described in section 1784.5 of FACA. Accordingly,
when RCTs are involved, they will:
Open meetings to the public,
Provide a period during each meeting for public comments,
Keep minutes of the meeting, and
Publish notices of the meetings in the Federal Register,
at least 30 calendar days before the meetings take place.
RCTs will continue to consider any public comments received when
making recommendations to the Director, and the Director will forward
public comments to the Secretary.
How would the competitive leasing process change under the proposed
rule?
This proposed rule would not substantially alter the competitive
leasing process since BLM policy would not change. Although BLM
currently identifies public participation procedures in its competitive
leasing handbook, BLM is proposing these procedures in its regulations
to comply with the settlement agreement.
Subpart 3420 addresses competitive coal leasing. This proposed rule
would adopt eight amendments to subpart 3420, as follows:
BLM would add a cross reference to part 1600 where we
describe the specific points when BLM provides public participation
opportunities in our land-use planning process. These opportunities for
public participation occur:
(1) at the initial identification of issues,
(2) during review of proposed planning criteria,
(3) during publication of the draft resource management plan and
draft environmental impact statement,
(4) during publication of proposed resource management plans and
final environmental impact statements (an opportunity also provided for
protest), and
(5) when significant changes are made as a result of a protest.
BLM would include public comments as one of the factors
that the State Director would consider in recommending an initial
leasing level to the Secretary.
BLM would include public comments, as well as comments
from the State Governors, in the package the Secretary considers when
determining a regional leasing level. In addition to the package of
comments, BLM or other staff may also develop a summary that assists
the Secretary in reviewing the comments.
BLM would add public comments to the list of factors that
the Secretary considers in reaching a decision about regional coal
leasing levels.
BLM would add a list of the points during regional
activity planning when the public may participate. Regional activity
planning starts when the Secretary makes the leasing level decision and
ends when the Secretary determines the lease sale schedule.
BLM would change provisions on RCTS by:
(1) allowing the public to comment on all subfactors that the RCTs
used to rank coal tracts for possible leasing,
(2) requiring BLM to publish, at least 45 days before the meeting,
the notice of the RCT meeting at which tracts would be ranked,
(3) requiring BLM to give the public at least 60 days to comment on
the draft regional coal leasing environmental impact statement (EIS),
(4) requiring the RCTs to include all public comments received in
the final EIS,
(5) requiring the RCTs to consider public comments when revising
tract ranking and selection.
BLM would give the public 45 days prior notice of a RCT
meeting when the team will recommend specific tracts for coal lease
sale.
BLM would give the public notice of and an opportunity to
comment on any revisions to a lease sale schedule increasing the number
or frequency of sales or increasing the amount of coal to be offered.
How would the lease sales process change under the proposed rule?
The proposed rule would not substantially alter the lease sales
process since BLM already identifies public participation procedures in
its competitive leasing handbook.
Subpart 3422 describes the procedures that BLM follows once the
Secretary of the Interior determines what the lease sale schedule will
be. Presently, BLM requests public comments on the fair market value
and the maximum economic recovery for the tracts to be offered. The
proposed rule adds two new requirements to subpart 3422:
The regulations at section 3422.1(a) would require BLM to
publish our request for public comments on fair market value and
maximum economic recovery in the Federal Register and for two
consecutive weeks in a newspaper of general circulation in the area
where the proposed sale would be held.
A new requirement in section 3422.2(a) would have BLM send
the lease sale notice to any person or group requesting notices of
sales to be held in the area.
How would the leasing-on-application process change under the proposed
rule?
The proposed rule does not substantially change the leasing-on-
application process. BLM currently identifies public participation
procedures in its competitive leasing handbook and is proposing them
for its regulations in response to the settlement agreement.
Subpart 3425 describes the procedures that BLM uses to process
applications for coal lease sales. Presently, the lease-on-application
process is similar to the regional leasing process. We must screen the
tract during land-use planning. Screening the tract can involve
applying unsuitability criteria, identifying and consulting with any
qualified surface owners, and considering alternative land uses. In
addition, we must assess the environmental impacts of coal development
before the coal can be offered for lease sale. The proposed rule makes
two amendments to this subpart:
The proposed rule would amend the regulations at section
3425.1-9 requiring BLM to ask for and consider public comments on any
modification to the boundaries of a lease tract.
The proposed rule would amend the regulations at
Sec. 3425.3. The proposal would require BLM to publish a notice of
availability for a draft EIS in the Federal Register and in a general
circulation newspaper. We would also announce any hearings on the draft
EIS through similar publication.
IV. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
This proposed regulation is not a significant regulatory action and
is not subject to review by the Office of Management and Budget under
Executive Order 12866. We have
[[Page 12145]]
determined that this proposed regulation does not: have an annual
economic impact of $100 million or more; have an adverse impact in a
material way on the economy, environment, public health, safety, other
units of government, or sectors of the economy; pose a serious
inconsistency or interfere with an action taken or planned by another
agency; have novel legal or policy implications; or have material
effects on budgets or rights and obligations of recipients of
entitlements, fees, grants, or loans. Therefore, we do not have to
assess the potential costs and benefits of the rule under section
6(a)(3) of this order and no OMB review under the order is required.
Executive Order 12866 also requires each agency to write
regulations that are easy to understand. We invite your comments on how
to make this proposed rule easier to understand, including answers to
the following questions:
Are the requirements in the proposed rule clearly stated?
Does the proposed rule contain unclear technical language
or jargon?
Does the format of the proposed rule aid or reduce its
clarity?
Would the rule be easier to understand if it were divided
into more sections? and
Is the description of the proposed rule in the
``supplementary information'' section helpful in understanding the
proposed rule?
Send comments that concern how we could make this proposed rule
easier to understand to: Office of Regulatory Affairs, Department of
the Interior, Room 7229, 1849 C St., N.W., Washington, D. C. 20240. You
may also e-mail the comments to: Execsec@ios.doi.gov.
National Environmental Policy Act.
This proposed regulation is not a major Federal action
significantly affecting the quality of the human environment under
section 102(2)(C) of the National Environmental Policy Act of 1969
(NEPA), 42 U.S.C. 4332(2)(C). The proposed changes do not directly
affect the environment. Any coal tract considered for leasing will be
subject to further NEPA analysis on a case-by-case basis.
Regulatory Flexibility Act
This proposed regulation does not require a regulatory flexibility
analysis. Congress enacted the Regulatory Flexibility Act of 1980
(RFA), as amended, 5 U.S.C. 601-612, to ensure that Government
regulations do not unnecessarily or disproportionately burden small
entities. The RFA requires a regulatory flexibility analysis if a rule
has a significant economic impact, either detrimental or beneficial, on
a substantial number of small entities. This proposed regulation would
not have significant economic impacts on small entities under the RFA,
5 U.S.C. 601 et seq. Small entities would be neither adversely nor
beneficially affected by the proposals but would be given the
opportunity to participate in the coal leasing process by regulation,
rather than by internal agency guidance.
Small Business Regulatory Enforcement Fairness Act
These proposed regulations are not a ``major rule'' as defined by
the Small Business Regulatory Enforcement Fairness Act, 5 U.S.C.
804(2). The rule will not have a significant impact on the economy, or
on small businesses in particular. As discussed above, this rule
proposed rule would not substantially change BLM's existing policy.
Unfunded Mandates Reform Act
This proposed regulation does not impose an unfunded mandate on
State, local or tribal governments or the private sector of more than
$100 million per year. This proposed regulation does not have a
significant or unique effect on State, local, or tribal governments or
the private sector. Current BLM policy on public participation in the
coal leasing process is simply being put into regulatory form.
Therefore, we are not required to prepare a statement containing the
information required by the Unfunded Mandates Reform Act, 2 U.S.C. 1531
et seq.
Executive Order 12630, Takings
The proposed regulation does not represent a government action
capable of interfering with constitutionally protected property rights.
Therefore, we have determined that the regulation would not cause a
taking of private property. No further discussion of takings
implications is required under this Executive Order.
Executive Order 12612, Federalism
This proposed regulation will not have a substantial direct effect
on the States, on the relationship between the national government and
the States, or on the distribution of power and responsibilities among
the various levels of government. The Federal Coal Management Program
was designed to allow the maximum participation of affected States in
decisions about coal leasing and development through RCTs. RCTs make
recommendations to the Secretary on the level of coal analyzed for
possible sale and on the amount of coal offered. If the Secretary does
not accept their decisions, the Secretary must publicly state why. We
have determined that this proposed regulation does not have sufficient
Federalism implications to warrant preparation of a Federalism
assessment.
Executive Order 12988, Civil Justice Reform
The Office of the Solicitor has determined that this proposed
regulation will not unduly burden the judicial system and that it meets
the requirements of sections 3(a) and 3(b)(2) of Executive Order 12988.
Paperwork Reduction Act
This regulation does not require an information collection under
the Paperwork Reduction Act. The information collection is not covered
by an existing OMB approval. An OMB form 83-I has not been prepared and
has not been approved by the Office of Policy Analysis. This regulation
qualifies for exemption from OMB approval under exemption four of OMB
guidance.
The principal author of this proposed rule is Philip Allard, Solid
Minerals Group, assisted by Carole Smith and Janet Lin, Regulatory
Affairs Group.
List of Subjects
43 CFR Part 3400
Coal, Intergovernmental relations, Mines, Public lands--
classification, Public lands--mineral resources.
43 CFR Part 3420
Administrative practice and procedure, Coal, Environmental
protection, Intergovernmental relations, Mines, Public lands--mineral
resources.
Dated: February 12, 1999.
Sylvia V. Baca,
Acting Assistant Secretary, Land and Minerals Management.
For the reasons set forth in the preamble and under the authority
of the Mineral Leasing Act of February 25, 1920, as amended (30 U.S.C.
181 et seq.), the Mineral Leasing Act for Acquired Lands, as amended
(30 U.S.C. 351-9), the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1740), and the Secretary's enforcement powers, BLM proposes
to amend parts 3400 and 3420 of Title 43 of the Code of Federal
Regulations as set forth below:
PART 3400--COAL MANAGEMENT: GENERAL
1. The authority citation for part 3400 continues to read as
follows:
[[Page 12146]]
Authority: 30 U.S.C. 189, 359, 1211, 1251, 1266, and 1273; 43
U.S.C. 1461, 1733, and 1740.
2. Amend Sec. 3400.4 by revising paragraph (g) to read:
Sec. 3400.4 Federal/state government cooperation.
* * * * *
(g) The regional coal team will function under the public
participation procedures at Secs. 1784.4-2 and 1784.4-3 and 1784.5 of
this chapter.
3. The authority citation for part 3420 continues to read as
follows:
Authority: The Mineral Leasing Act of 1920, as amended and
supplemented (30 U.S.C. 181 et seq.), the Mineral Leasing Act for
Acquired Lands of 1947, as amended (30 U.S.C. 351-359), the Multiple
Mineral Development Act of 1954 (30 U.S.C. 521-531 et seq.), the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201
et seq.), the Department of Energy Organization Act of 1977 (42
U.S.C. 7101 et seq.), the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.), and the Small Business Act of 1953,
as mended (15 U.S.C. 631 et seq.).
PART 3420--COMPETITIVE LEASING
4. Amend Sec. 3420.1-4 by revising paragraph (a) to read:
Sec. 3420.1-4 General requirements for land use planning.
(a) The Secretary may not hold a lease sale under this part unless
the lands containing the coal deposits are included in a comprehensive
land use plan or land use analysis. The land use plan or land use
analysis will be conducted with public notice and opportunity for
participation at the points specified in Sec. 1610.2(f) of this title.
The sale must be compatible with, and subject to, any relevant
stipulations, guidelines and standards set out in that plan or
analysis.
* * * * *
5. Amend Sec. 3420.2 by removing the last sentence of paragraph
(a)(1), and adding in its place 2 sentences as set forth below,
revising the last sentence of paragraph (a)(4), removing ``and'' from
the end of paragraph (c)(8), redesignating current paragraph (c)(9) as
paragraph (c)(10), and adding a new paragraph (c)(9) to read:
Sec. 3420.2 Regional leasing levels.
(a)(1) * * * This range of initial leasing levels must be based on
information available to the State Director including: land use
planning data; the results of the call for coal resource information
held under Sec. 3420.1-2 of this subpart; the results of the call for
expressions of leasing interest held under Sec. 3420.3-2 of this
subpart; and other considerations. The State Director considers
comments received from the public in writing and at hearings, and input
and advice from the Governors of the affected States regarding
assumptions, data, and other factors pertinent to the region;
* * * * *
(a)(4) * * * The team also must transmit to the Secretary, without
change, all comments and recommendations of the Governor and the
public.
* * * * *
(c) * * *
(9) Comments received from the public in writing and at public
hearings; and
* * * * *
6. Amend Sec. 3420.3-1 by adding a new paragraph (d) to read:
Sec. 3420.3-1 Area identification process.
* * * * *
(d) Public notice and opportunity for participation in activity
planning must be appropriate to the area and the people involved. The
Bureau of Land Management will make available a calendar listing of the
points in the planning process at which the public may participate,
including:
(1) The regional coal team meeting to recommend initial leasing
levels (see Sec. 3420.2(a)(4));
(2) The regional coal team meeting for tract ranking (see
Sec. 3420.3-4(a));
(3) Publication of the regional coal lease sale environmental
impact statement (see Sec. 3420.3-4(c)); and
(4) The regional coal team meeting to recommend specific tracts for
a lease sale and a lease sale schedule (see Sec. 3420.3-4(g).
7. Amend Sec. 3420.3-4 by removing the third sentence in paragraph
(a)(1), and adding in its place 4 sentences as set forth below, adding
2 sentences after the first sentence in paragraph (a)(5), adding a new
sentence at the end of paragraph (d), revising paragraph (f), and
removing the first sentence in paragraph (g) and adding in its place 2
new sentences as set forth below:
Sec. 3420.3-4 Regional tract ranking, selection, environmental
analysis and scheduling.
(a)(1) * * * The subfactors the regional coal team will consider
under each category are those the regional coal team determines are
appropriate for that region. The regional coal team will make its
determination after publishing notice in the Federal Register that the
public has 30 days to comment on the subfactors. The regional coal team
will then consider any comments it receives in determining the
subfactors. BLM will publish the subfactors in the regional lease sale
environmental impact statement required by this section.* * *
* * * * *
(5) * * * BLM will publish the notice no later than 45 days before
the meeting. The notice will list potential topics for discussion.* * *
* * * * *
(d) * * * BLM will publish notice in the Federal Register of the
60-day comment period and the public hearing on the draft environmental
impact statement for two consecutive weeks in a newspaper of general
circulation in the area of the sale.
* * * * *
(f) When the comment period on the draft environmental impact
statement closes, the regional coal team will analyze the comments and
make any appropriate revisions in the tract ranking and selection. The
final regional lease sale environmental impact statement will reflect
such revisions and will include all comments received.
(g) When BLM completes and releases the final regional lease sale
environmental impact statement, the regional coal team will meet and
recommend specific tracts for lease sale and a lease sale schedule. The
regional coal team will provide notice in the Federal Register of the
date and location at least 45 days before its meeting.* * *
* * * * *
8. Amend Sec. 3420.5-2 by adding 2 sentences after the first
sentence in paragraph (a) to read:
Sec. 3420.5-2 Revision.
(a) * * * BLM will publish a notice in the Federal Register and
provide a 30 day comment period before it makes any revision increasing
the number or frequency of sales, or the amount of coal offered. BLM
will publish any revision in the Federal Register.* * *
* * * * *
9. Amend Sec. 3422.1 by adding a sentence after the first sentence
in paragraph (a) to read:
Sec. 3422.1 Fair market value and maximum economic recovery.
(a) * * * BLM will publish the solicitation in the Federal Register
and for two consecutive weeks, in a newspaper of general circulation in
the area of the sale. * * *
* * * * *
10. Amend Sec. 3422.2 by removing the third sentence in paragraph
(a) and adding in its place 2 sentences to read as follows:
[[Page 12147]]
Sec. 3422.2 Notice of sale and detailed statement.
(a) * * * BLM will post notice of the sale in BLM State Office
where the coal lands are managed. It will also mail notice to any
surface owner of lands noticed for sale and to any other person who has
requested notice of sales in the area. * * *
* * * * *
11. Amend Sec. 3425.1-9 by adding a sentence at the end of this
section to read:
Sec. 3425.1-9 Modification of application area.
* * * If an environmental assessment of the modification is
required, BLM will solicit and consider public comments on the modified
application.
12. Amend Sec. 3425.3(a) by adding two sentences at the end of
paragraph (a) to read:
Sec. 3425.3 Environmental analysis.
(a) * * * BLM will publish a notice in the Federal Register and for
two consecutive weeks in a newspaper of general circulation in the area
of the sale, announcing the availability of the environmental
assessment or draft environmental impact statement and the hearing
required by Sec. 3425.4(a)(1). BLM also will mail to the surface owner
of any lands to be offered for sale and to any person who has requested
notice of sales in the area.
* * * * *
[FR Doc. 99-5334 Filed 3-10-99; 8:45 am]
BILLING CODE 4310-84-P
