FEDERAL REGISTER: 45 FR 74680 ( November 10, 1980) DEPARTMENT OF THE INTERIOR AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM) 30 CFR Part 890 Grants for Mining and Mineral Resources, Research Institutes and Mineral Research Projects ACTION: Final rule. SUMMARY: OSM is amending portions of the policies and procedures in 30 CFR Part 890 for administering Title III of the Surface Mining Control and Reclamation Act of 1977, Pub. L. 95-87 (SMCRA). The amendments clarify the submission date for allotment grant applications and revise the grant period for allotment grants. These changes were requested by a majority of the thirty-one State Mining and Mineral Resources and Research Institutes to enable them to plan their costs more effectively and thereby exercise better control over the equipment and manpower resources necessary for conducting their mining and minerals research programs. EFFECTIVE DATE: December 10, 1980. ADDRESS: Office of Surface Mining Reclamation and Enforcement, Department of the Interior, 1951 Constitution Avenue, N.W., Washington, D.C. 20240. FOR FURTHER INFORMATION CONTACT: Ranvir Singh, address above, (202) 343-8032. SUPPLEMENTARY INFORMATION: Title III of SMCRA provides for an annual allotment to one designated State Mining and Mineral Resources and Research Institute (Mineral Institute) in a State for seven years. This Title also provides for research funds to each Mineral Institute for mineral research grants, scholarships and fellowships, and specifies the criteria and the requirements for institutes to qualify for such funding. Regulations to implement Title III were published in the Federal Register on August 28, 1978 (43 FR 38556) and are found in 30 CFR Part 890 of the Departmental regulations. The requirements for submission of allotment grant applications are set forth in Sec. 890.11 of these regulations and applicable grant agreement provisions are contained in Sec. 890.21. Proposed amendments to Secs. 890.11(a) and 890.21(a)(3) were published in the Federal Register on August 27, 1980 (45 FR 57149). These amendments respectively clarify, but do not change, the April 1 date for submission of applications for annual allotment grants, and also revise the allotment grant period so that it begins on July 1 instead of October 1. In January 1980 a number of Mineral Institute Directors sought clarification of the submission date for allotment grant applications after the initial grant year. In Sec. 890.11(a) of regulations such applications were required to be submitted 6 months prior to the end of the Federal fiscal year. The Institutes desired that OSM specify a date instead of the six month time period reference. The Institutes also pointed out certain difficulties they had in properly administering the allotment grants. These problems were attributed to the fact that the grant periods were based on the Federal fiscal year and not on their academic year. This timing difference, the Institutes felt, severely hampered their ability to properly plan and manage their programs. Believing in the validity of these concerns, OSM contacted all Mineral Institutes regarding the above issues and sought their comments. The Department received twenty-eight comments during these initial discussions. Twenty-three Mineral Institutes agreed with the suggested changes and five Institutes were either opposed to or had some reservations about the change in the grant period. After considering these initial views, OSM published the proposed rule changes on August 27, 1980. Following publication of the proposed amendments, the Department received only one timely comment on the proposed changes. DISPOSITION OF COMMENTS: The Department has carefully considered all the above comments in evaluating the proposed rule change. The comments received by the Department both before and after publication of the proposed rule, and the reasons for accepting or rejecting them are discussed below. All comments received pertained to the proposed change in Sec. 890.21 regarding the timing of the grant period. One Mineral Institute stated that they did not see any particular benefit to be gained from changing the grant period but agreed to adjust to the change if the majority of Mineral Institutes desired the change. OSM believes that there are definite benefits to be derived from the change in the grant period in terms of better planning and management of the allotment grants and these conclusions are supported by a majority of the Mineral Institutes. Another Mineral Institute opposed the change in the grant period because they feared problems with coordinating the progress and financial reports required by OSM. OSM believes that changing the grant period would not create any problems relating to the progress and financial status reports because the reports would still continue to be submitted on a quarterly basis as has been the practice in the past. Another Mineral Institute also objected to the change in grant period, both before and after the publication of proposed rule, because it would cause problems for the Institute due to the State's centralized purchasing, invoicing and accounting practices, and also because of the long lead time required for a timely grant close out procedure. The Institute, however, acknowledged that the change would perhaps facilitate the forecasting of salaries. OSM appreciates the apparent difficulties caused by the internal procedures utilized in this State but believes that in formulating program policies OSM has to consider the best interests of the majority of the Mineral Institutes. One other Mineral Institute also expressed concern regarding the change in grant period because the change required OSM to reduce the grant amounts for the interim period of September 30, 1980 to June 30, 1981. The Mineral Institute speculated that OSM might continue to fund the allotment grants at this reduced level. OSM understands the Mineral Institute's concern and assures them that the change in amount is being made only because of the alignment of the grant period with the academic year. This alignment necessitates the reduction in the allotment grant amounts for the interim period which is shorter than 12 months. This one time reduction in allotment grant amounts does not represent any decision to reduce or change future allotment grant amounts. Another comment by a Mineral Institute stated that they did not oppose the change but preferred the current grant period which coincides with the Federal fiscal year. OSM is fully aware of these concerns and the initial difficulties that some Institutes might experience due to a change in the grant period. OSM, however, believes that this change in grant period would serve the best interests of the majority of the Mineral Institutes. INFORMATION COLLECTION PROVISIONS: These amendments do not impose any additional information collection and reporting requirements on Mineral Institutes. The Mineral Institutes are expected to collect, retain and submit information to OSM as required by the original regulations published in the Federal Register on August 26, 1978 (43 FR 38556). {74681} STATEMENT OF SIGNIFICANCE AND ENVIRONMENTAL IMPACT. The Department of the Interior has determined that these amendments of rules are not significant and do not require a regulatory analysis under Executive Order 12044 and 43 CFR Part 14. The Department of the Interior has also determined that amendment of the rules within the scope of the document will not significantly affect the quality of the human environment. Accordingly, this action is not subject to the environmental impact statement requirements of the National Environmental Policy Act. DRAFTING INFORMATION. These amendments were drafted by Ranvir Singh, Office of Surface Mining, and Christopher W. Warner, Office of the Solicitor. Now, therefore, the amendments as set forth are adopted under the authority of Section 201(c) of Pub. L. 95-87, 30 U.S.C. 1211, et seq. Dated: October 31, 1980. Walter N. Heine, Director, Office of Surface Mining 30 CFR Part 890 is amended as follows: 1. Paragraph (a) of Sec. 890.11 is revised. Sec. 690.11 Applications for allotments after the first year. (a) After the first fiscal year, in order to obtain subsequent allotments an institute shall submit to the Assistant Director a request for an annual allotment (in six copies) containing information and materials on Standard Form 424 to supplement any previously submitted application as may be needed to make it currently applicable and to reaffirm eligibility. Such requests shall be submitted on or before April 1 to be considered for grants commencing on or after July 1 of the same calendar year. 2. Paragraph (a)(3) of Sec. 890.21 is revised. Sec. 890.21 Grants amendments. (a) * * * (3) Commencement and completion dates for the segment of the program covered by the grant and for major phases of the program to be completed during the grant period. Allotment grants shall commence on July 1 and shall terminate on June 30 of the following year. [FR Doc. 35056 Filed 11-7-80; 8:45 am] BILLING CODE 4310-05-M