2000 FEDERAL REGISTER NOTICES

	*2000 Federal Register* notices**

Following are summaries of 2000 Federal Register notices pertaining to the Office of Surface Mining and the implementation of the Surface Mining Law. Current, 1999, and 1998 notices are also available. To locate specific notices or information on this page use your browser "FIND" button. The full text of all notices listed below is available at GPO ACCESS. In addition to a search capability of the Federal Register, GPO ACCESS also contains the Congressional Record, Congressional Bills, and other federal government information.

December 21, 2000 (30 CFR Part 948) 65 FR 80308
West Virginia Regulatory Program
ACTION: Final rule; approval of amendment.
OSM is announcing its approval, with certain exceptions, of an amendment to the West Virginia regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The program amendment consists of changes to the West Virginia regulations (38 CSR 2) contained in House Bill 4223 concerning Homestead postmining land use. The amendment is intended to comply with the Consent Decree that was agreed to by the plaintiffs and the West Virginia Division of Environmental Protection (WVDEP) and approved by the U.S. District Court for the Southern District of West Virginia on February 17, 2000, in the matter of Bragg v. Robertson, Civil Action No. 2:98-0636 (S.D.W.Va.).

December 19, 2000 (30 CFR Parts 701, 724, 750, 773, 774, 775, 778, 785, 795, 817, 840, 842, 843, 846, 847, 874, 875, 903, 905, 910, 912, 921, 922, 933, 937, 939, 941, 942, and 947 65 FR 79582
Application and Permit Information Requirements; Permit Eligibility; Definitions of Ownership and Control; the Applicant/Violator System; Alternative Enforcement
ACTION: Final rule.
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are publishing final rules to amend application and permit information requirements and to redesign permit eligibility criteria under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act), as amended. In this final rule, we are also amending related provisions in our regulations to incorporate changes for internal consistency. This rule fulfills our April 21, 1997, commitment to undertake new rulemaking, including public notice and comment, on ownership and control and related regulatory issues in the wake of the January 31, 1997, decision of the United States Court of Appeals for the District of Columbia Circuit.

This final rule also reflects the findings in another decision of the United States Court of Appeals. On May 28, 1999, the appeals court issued a ruling shortly after the initial close of the comment period for the proposed rule upon which this final rulemaking is based. We later found it advisable to reopen and extend the comment period in order to seek public comment on the effects of the May 1999 decision. As a result, we modified the provisions in this final rule in order to be consistent with the 1999 decision. Thus, this final rule is fully consistent with both court decisions.

December 15, 2000 (30 CFR Part 920) 65 FR 78416
Maryland Regulatory Program
ACTION: Final rule; correction.
This document contains corrections to the final rule [MD-047-FOR], which was published Wednesday, November 8, 2000 (65 FR 66929). The final rule describes Maryland's procedures for financing abandoned mine land reclamation projects that involve the incidental extraction of coal.

December 15, 2000 65 FR 78512
Notice of Proposed Information Collection
ACTION: Notice and request for comments.
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request renewed approval for the collection of information under 30 CFR part 840, Permanent Program Inspection and Enforcement Procedures. The collection described below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The information collection request describes the nature of the information collection and the expected burden and cost.

December 8, 2000 (30 CFR Part 938) 65 FR 76954
Pennsylvania Regulatory Program
ACTION: Proposed rule; reopening of public comment period.
OSM is reopening the public comment period on Pennsylvania's responses to comments we made in regard to a proposed amendment to the Pennsylvania permanent regulatory program under the Surface Mining Control and Reclamation Act of 1997 (SMCRA). The amendment, submitted on July 29, 1998, (Administrative Record No. PA-841.07), proposed changes to the Pennsylvania program with regard to the mine subsidence control, subsidence damage repair or replacement, and water supply replacement provisions of SMCRA. The amendment submission included changes to the Bituminous Mine Subsidence and Land Conservation Act (BMSLCA) made through Act 54 and changes to regulations at 25 PA Code Chapter 89. After reviewing the amendment, we sent two letters to Pennsylvania requesting clarification of numerous issues. The letters were sent on June 21, 1999, (Administrative record number PA 841.32) and June 23, 2000, (Administrative record number PA 841.40). Pennsylvania responded to the first letter on June 1, 2000, (Administrative record number PA [*76955] 841.39) and to the second on July 14, 2000, (Administrative record number PA 841.41). We are reopening the comment period to allow public input into Pennsylvania's responses to the two letters.

December 5, 2000 (30 CFR Part 948) 65 FR 75889
West Virginia Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.
OSM is announcing receipt of a proposed amendment to the West Virginia regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The program amendment adds new West Virginia regulations at 199 CSR 1 concerning Surface Mine Blasting Rule. The amendments are intended to improve the operational effectiveness of the West Virginia program.

November 30, 2000 65 FR 73904
ACTION: Semiannual regulatory agenda.
This notice provides the semiannual agenda of rules scheduled for review or development between October 2000 and April 2001. The Regulatory Flexibility Act and Executive Order 12866 require publication of the agenda.

November 27, 2000 65 FR 70736
Notice of Proposed Information Collection
ACTION: Notice and request for comments.
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request approval for the collections of information under 30 CFR part 882, Reclamation of private lands; and Form OSM-76, Abandoned Mine Land Problem Area Description form.

November 24, 2000 (30 CFR Part 906) 65 FR 70478
Colorado Regulatory Program
ACTION: Final rule; approval of amendment.
The Office of Surface Mining Reclamation and Enforcement (OSM) is approving a proposed amendment to the Colorado regulatory program (hereinafter, the "Colorado program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Colorado proposed revisions to and additions of rules about definitions; permit application requirements; comment period for revisions; requirements for permit approval or denial; and performance standards for sedimentation ponds, discharge structures, impoundments, stream buffer zones, coal exploration, and coal processing plants and support facilities not located at or near the mine site or not within the permit area for the mine. Colorado revised its program to be consistent with the corresponding Federal regulations and clarify ambiguities.

November 24, 2000 (30 CFR Part 943) 65 FR 70487
Texas Regulatory Program
ACTION: Final rule; approval of amendment.
The Office of Surface Mining Reclamation and Enforcement (OSM) is approving an amendment to the Texas regulatory program (Texas program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Texas proposed revisions to and additions of regulations concerning remining, coal processing plants, and procedures for processing petitions to designate lands as unsuitable for mining. Texas intends to revise its program to be consistent with the corresponding Federal regulations.

November 16, 2000 65 FR 69330
Notice of Proposed Information Collection
ACTION: Notice and request for comments.
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request approval for the collection of information for its technical training program nomination form (OSM 105) and request for payment of travel and per diem form (OSM 140). The collection described below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The information collection request describes the nature of the information collection and the expected burden and cost.

November 16, 2000 65 FR 69331
Abandoned Mine Land Reclamation Program Guidelines
ACTION: Notice of intent.
The Office of Surface Mining Reclamation and Enforcement (OSM) proposes to amend the Abandoned Mine Land (AML) Reclamation Program Guidelines published on December 30, 1996 (61 FR 68777). The proposed changes will make the guidelines easier to read and understand. The changes also incorporate new procedures found in the AML Enhancement Rule published February 12, 1999 (64 FR 7482). Comments are requested.

November 8, 2000 (30 CFR Part 920) 65 FR 66929
Maryland Regulatory Program
ACTION: Final rule.
OSM is approving an amendment to the Maryland regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Maryland proposed the amendment to make its program no less effective than the federal regulations regarding procedures for financing abandoned mine land reclamation projects that involve the incidental extraction of coal. The amendment is intended to revise the Maryland program to be consistent with the corresponding Federal regulations and SMCRA.

November 7, 2000 65 FR 66764
Notice of Proposed Information Collection
ACTION: Notice and request for comments. In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request approval for the collection of information for the exemption of coal extraction incidental to the extraction of other minerals at 30 CFR Part 702.

November 3, 2000 (30 CFR Part 938) 65 FR 66170
Pennsylvania Regulatory Program
ACTION: Final rule; approval of amendment.
OSM is approving an amendment to the Pennsylvania regulatory program (Pennsylvania program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA), 30 U.S.C. 1201 et seq., as amended. The amendment revises certain portions of 25 Pennsylvania Code Chapter 86, Surface and Underground Mining: General, pertaining to ownership and control, bonding, civil penalties and areas unsuitable for mining. The amendments are intended to revise the Pennsylvania program to be consistent with the corresponding Federal regulations.

November 2, 2000 (30 CFR Part 931) 65 FR 65770
New Mexico Regulatory Program
ACTION: Final rule; approval of amendment.
The Office of Surface Mining Reclamation and Enforcement (OSM) is approving a proposed amendment to the New Mexico regulatory program (hereinafter, the "New Mexico program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). New Mexico proposed new rules and revisions to rules concerning a guidance document, Coal Mine Reclamation Program Vegetation Standards (including success standards, sampling techniques, and normal husbandry practices); definitions; time frames within the liability period for demonstrating success of revegetation; and annual report requirements. New Mexico revised its program to be consistent with the corresponding Federal regulations and clarify ambiguities.

November 2, 2000 (30 CFR Part 946) 65 FR 65779
Virginia Regulatory Program
ACTION: Final rule; approval of amendment.
OSM is approving an amendment to the Virginia permanent regulatory program (hereinafter referred to as the Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The amendment consists of changes to the Virginia Surface Mining Reclamation Regulations concerning subsidence control. The amendment is intended to revise the Virginia program to be consistent with the corresponding Federal regulations.

November 2, 2000 65 FR 65879
Notice of Proposed Information Collection
ACTION: Notice and request for comments.
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request renewed approval for the collection of information under 30 CFR Part 850 which provides authority for State regulatory authorities to develop a blaster certification program.

October 31, 2000 (30 CFR Part 925) 65 FR 64906
Missouri Regulatory Program and Abandoned Mine Land Reclamation Plan
ACTION: Proposed rule; public comment period and opportunity for public hearing.
The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of a proposed amendment to the Missouri regulatory program (Missouri program) and the Missouri Abandoned Mine Land Reclamation Plan (Missouri plan) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Missouri proposes revisions to its rules pertaining to surface mining performance requirements, special mining activities, prohibitions and limitations on mining in certain areas and areas unsuitable for mining, permitting requirements, bond and insurance requirements, definitions and general requirements, and abandoned mine land reclamation requirements. Missouri intends to revise its program to be consistent with the corresponding Federal regulations, to provide additional safeguards, to clarify ambiguities, and to improve operational efficiency.

This document gives the times and locations that the Missouri program and the proposed amendment to that program are available for your inspection, the comment period during which your may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.

October 23, 2000 (30 CFR Part 931) 65 FR 63223
New Mexico Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.
Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of a proposed amendment to the New Mexico regulatory program (hereinafter, the "New Mexico program") under the Surface Mining Control and Reclamation act of 1977 (SMCRA). The proposed amendment consists of recodification of the New Mexico Surface Coal Mining Regulations. The amendment is intended to revise the New Mexico program to improve operational efficiency and assure that the New Mexico Surface Coal Mining Regulations are codified according to the New Mexico administrative procedures.

October 17, 2000 65 FR 61363
Notice of Proposed Information Collection
ACTION: Notice and request for comments.
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request approval for the collection of information for the permanent program performance standards-surface mining activities at 30 CFR part 816.

October 4, 2000 (30 CFR Part 920) 65 FR 59150
Maryland Regulatory Program
ACTION: Proposed rule; reopening of comment period.
OSM is reopening the public comment period on a proposed amendment to the Maryland permanent regulatory program.(Maryland program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of revisions to the Maryland regulations regarding a definition of previously mined area, termination of jurisdiction, permitting requirements, bond release requirements and performance standards for inspections. The amendment is intended to revise the Maryland program to be no less effective than the corresponding Federal regulations.

October 4, 2000 (30 CFR Part 946) 65 FR 59152
Virginia Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.
OSM is announcing receipt of a proposed amendment to the Virginia regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The program amendment consists of changes to the Virginia Surface Mining Reclamation Regulations concerning letters of credit. The amendment is intended to revise the Virginia program to be consistent with the corresponding Federal regulations.

September 29, 2000 65 FR 58564
Notice of Proposed Information Collection
ACTION: Notice and request for comments.
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request approval for the collection of information for the Abandoned Mine Land Contractor Information form. This collection request has been forwarded to the Office of Management and Budget (OMB) for review and comment. The information collection request describes the nature of the information collection and the expected burden and cost.

September 25, 2000 (30 CFR Part 926) 65 FR 57581
Montana Abandoned Mine Land Reclamation Plan
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.
The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of a proposed amendment to the Montana abandoned mine land reclamation (AMLR) plan (hereinafter, the "Montana plan") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Montana proposes revisions to a statute about AMLR reclamation, proposes deletion of the AMLR rules in the Administrative Rules of Montana (ARM), and proposes a plan of reorganization of the AMLR program. Montana intends to revise its AMLR plan to be consistent with SMCRA, meet the requirements of the Federal regulations, and improve operational efficiency.

September 25, 2000 (30 CFR Part 926) 65 FR 57583
Montana Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.
The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of a proposed amendment to the Montana regulatory program (hereinafter, the "Montana program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Montana proposed revisions to, and additions of statutes about, the definition of what constitutes a mine operator, the notice requirements for alternate reclamation plans; the use of introduced species on lands mined, disturbed, or redisturbed after May 2, 1978, and reseeded prior to January 1, 1984; a new statute section concerning subsidence; and other editorial revisions. Montana intends to revise its program to be consistent with SMCRA, provide additional safeguard, clarify ambiguities, and improve operational efficiency.

September 22, 2000 65 FR 57371
Notice of Proposed Information Collection
ACTION: Notice and request for comments.
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to renew its authority to collect information for the permanent program inspection and enforcement procedures at 30 CFR Part 840.

September 22, 2000 65 FR 57372
Notice of Proposed Information Collection
ACTION: Notice and request for comments.
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing that the information collection request for the title described below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The information collection request describes the nature of the information collection and the expected burden and cost.

September 22, 2000 65 FR 57372
Proposed Wright Junior/Senior High School Improvements Project in Wyoming
ACTION: Notice of application for grant funding; public comment period on request to fund the Wright Junior/Senior High School improvements project.
OSM is announcing its receipt of a grant application from the Wyoming Department of Environmental Quality, Abandoned Mine Land Division (AMLD). Wyoming is requesting $ 500,000 from the Abandoned Mine Reclamation Fund to pay approximately 50 percent of the cost of building the Wright Junior/Senior High School Improvements project in Campbell County, Wyoming. In its application, the State proposes paying for part of the reconstruction cost as a public facility project that will benefit a community impacted by coal and mineral mining activities.

This notice describes when and where the Wyoming abandoned mine land (AML) program and the grant application for funding the Wright Junior/Senior High School Improvements project are available for you to read. It also sets the time period during which you may send written comments on the request to us.

September 22, 2000 65 FR 57374
Proposed Rock Springs Stormwater Channel Improvements Project in Wyoming
ACTION: Notice of application for grant funding; public comment period on request to fund the Rock Springs Stormwater Channel improvements project.
OSM is announcing its receipt of a grant application from the Wyoming Department of Environmental Quality, Abandoned Mine Land Division (AMLD). Wyoming is requesting $ 189,333 from the Abandoned Mine Reclamation Fund to pay approximately 50 percent of the cost of building the Rock Springs Stormwater Improvement project in Sweetwater County, Wyoming. In its application, the State proposes paying for part of the reconstruction cost as a public facility project that will benefit a community impacted by coal and mineral mining activities.

This notice describes when and where the Wyoming abandoned mine land (AML) program and the grant application for funding the Rock Springs Stormwater Channel Improvement project are available for you to read. It also sets the time period during which you may send written comments on the request to us.

September 22, 2000 65 FR 57375
Proposed Sheridan Slope Stability in Wyoming
ACTION: Notice of application for grant funding; public comment period on request to fund the Sheridan slope stability project.
OSM is announcing its receipt of a grant application from the Wyoming Department of Environmental Quality, Abandoned Mine Land Division (AMLD). Wyoming is requesting $ 346,725 from the Abandoned Mine Reclamation Fund to pay approximately 50 percent of the cost of stabilizing the dangerous slopes along Big Goose Creek in Sheridan County, Wyoming. In its application, the State proposes paying for part of the reconstruction cost as a public facility project that will benefit a community impacted by coal and mineral mining activities.

This notice describes when and where the Wyoming abandoned mine land (AML) program and the grant application for funding the Sheridan Slope Stability project are available for you to read. It also sets the time period during which you may send written comments on the request to us.

September 22, 2000 65 FR 57377
Proposed Kemmerer Medical Center access improvements project in Wyoming
ACTION: Notice of application for grant funding; public comment period on request to fund the Kemmerer Medical Center access improvements project.
OSM is announcing its receipt of a grant application from the Wyoming Department of Environmental Quality, Abandoned Mine Land Division (AMLD). Wyoming is requesting $ 174,946 from the Abandoned Mine Reclamation Fund to pay approximately 50 percent of the cost of building the Kemmerer Medical Center Improvement project in Lincoln County, Wyoming. In its application, the State proposes paying for part of the reconstruction cost as a public facility project that will benefit a community impacted by coal and mineral mining activities.

This notice describes when and where the Wyoming abandoned mine land (AML) program and the grant application for funding the Kemmerer Medical Center Access Improvement project are available for you to read. It also sets the time period during which you may send written comments on the request to us.

September 22, 2000 65 FR 57378
Proposed Hudson Elementary School Improvements Project 48 in Wyoming
ACTION: Notice of application for grant funding; public comment period on request to fund the Hudson Elementary School improvements project.
OSM is announcing its receipt of a grant application from the Wyoming Department of Environmental Quality, Abandoned Mine Land Division (AMLD). Wyoming is requesting $ 196,213 from the Abandoned Mine Reclamation Fund to pay approximately 50 percent of the cost of building the Hudson Elementary School Improvements project in Fremont County, Wyoming. In its application, the State proposes paying for part of the reconstruction cost as a public facility project that will benefit a community impacted by coal and mineral mining activities.

This notice describes when and where the Wyoming abandoned mine land (AML) program and the grant application for funding the Hudson Elementary School Improvements project are available for you to read. It also sets the time period during which you may send written comments on the request to us.

September 22, 2000 65 FR 57380
Proposed Medicine Bow Water Treatment Plant Improvements Project in Wyoming
ACTION: Notice of application for granting funding; public comment period on request to fund the Medicine Bow Water Treatment Plant improvements project.
OSM is announcing its receipt of a grant application from the Wyoming Department of Environmental Quality, Abandoned Mine Land Division (AMLD). Wyoming is requesting $ 324,150 from the Abandoned Mine Reclamation Fund to pay approximately 50 percent of the cost of building the Medicine Bow Water Treatment Plant Improvement project in Carbon County, Wyoming. In its application, the State proposes paying for part of the reconstruction cost as a public facility project that will benefit a community impacted by coal and mineral mining activities.

This notice describes when and where the Wyoming abandoned mine land (AML) program and the grant application for funding the Medicine Bow Water Treatment Plant Improvement project are available for you to read. It also sets the time period during which you may send written comments on the request to us.

September 22, 2000 65 FR 57381
Proposed Frannie Sewer Line Replacement Project in Wyoming
ACTION: Notice of application for grant funding; public comment period on request to fund the Frannie sewer line replacement project.
OSM is announcing its receipt of a grant application from the Wyoming Department of Environmental Quality, Abandoned Mine Land Division (AMLD). Wyoming is requesting $ 249,050 from the Abandoned Mine Reclamation Fund to pay approximately 50 percent of the cost of building the Frannie Sewer Line Replacement Project in Park and Big Horn county, Wyoming. In its application, the State proposes paying for part of the reconstruction cost as a public facility project that will benefit a community impacted by coal and mineral mining activities.

This notice describes when and where the Wyoming abandoned mine land (AML) program and the grant application for funding the Frannie Sewer Line Replacement project are available for you to read. It also sets the time period during which you may send written comments on the request to us.

September 22, 2000 65 FR 57383
Proposed Greybull Sewer Improvements Project in Wyoming
ACTION: Notice of application for grant funding; public comment period on request to fund the Greybull sewer improvements project.
OSM is announcing its receipt of a grant application from the Wyoming Department of Environmental Quality, Abandoned Mine Land Division (AMLD). Wyoming is requesting $ 105,668 from the Abandoned Mine Reclamation Fund to pay approximately 50 percent of the cost of building the Greybull Sewer Improvement project in Big Horn County, Wyoming. In its application, the State proposes paying for part of the reconstruction cost as a public facility project that will benefit a community impacted by coal and mineral mining activities.

This notice describes when and where the Wyoming abandoned mine land (AML) program and the grant application for funding the Greybull Sewer Improvement project are available for you to read. It also sets the time period during which you may send written comments on the request to us.

September 12, 2000 (30 CFR Part 943) 65 FR 54982
Texas Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.
The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of a proposed amendment to the Texas regulatory program (Texas program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Texas proposes revisions to and additions of regulations concerning remining, coal processing plants, and procedures for processing petitions to designate lands as unsuitable for mining. Texas intends to revise its program to be consistent with the corresponding Federal regulations.

This document gives the times and locations that the Texas program and the proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.

September 11, 2000 (30 CFR Part 931) 65 FR 54791
New Mexico Regulatory Program
ACTION: Final rule; approval of amendment.
The Office of Surface Mining Reclamation and Enforcement (OSM) is approving a proposed amendment to the New Mexico regulatory program (hereinafter, the "New Mexico program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). New Mexico proposed revisions about the definitions of "Material Damage" and "Occupied Residential Dwelling and Associated Structures"; improvidently issued permits; design, construction, and inspection requirements for ponds and impoundments; ground cover requirements for lands to be developed for recreation and shelterbelts; subsidence buffer zones; and adjustment of bond amounts. New Mexico intended to revise its program to be consistent with the corresponding Federal regulations and clarify ambiguities.

September 7, 2000 65 FR 54297
Notice of Proposed Information Collection
ACTION: Notice and request for comments.
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request approval for the collection of information under 30 CFR Part 769, Petition process for designation of federal lands as unsuitable for all or certain types of surface coal mining operations and for termination of previous designations. The collection described below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The information collection request describes the nature of the information collection and the expected burden and cost.

September 7, 2000 65 FR 54298
Notice of Proposed Information Collection
ACTION: Notice and request for comments.
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request approval for the collection of information for Requirements for Permits and Permit Processing, 30 CFR Part 773. The collection described below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The information collection request describes the nature of the information collection and the expected burden and cost.

September 6, 2000 (30 CFR Part 917) 65 FR 53909
Kentucky Regulatory Program
ACTION: Final rule.
OSM is announcing its final action to preempt and supersede portions of Kentucky Revised Statute (KRS) 350.060(16). The 1998 Kentucky General Assembly enacted this provision, which pertains to the renewal of expired permits, into law by passing House Bill 593.

It proposed that if a permit has expired or a permit renewal application has not been timely filed and the operator or permittee wants to continue the surface coal mining operation, Kentucky will issue a notice of noncompliance (NOV). The NOV will be considered complied with, and the permit may be renewed, if Kentucky receives a permit renewal application within 30 days of the receipt of the NOV. Upon submittal of a permit renewal application, the operator or permittee will be deemed to have timely filed the application and can continue, under the terms of the expired permit, the mining operation, pending issuance of the permit renewal. Failure to comply with the remedial measures of the NOV will result in the cessation of the operation.

Portions of this provision would allow a permittee to continue mining on an expired permit after the permit renewal application has been filed within 30 days of the receipt of the NOV, regardless of whether the application is timely filed, and even if the application is filed after permit expiration.

OSM is taking this action because the provisions are inconsistent with the requirements of the Surface Mining Control and Reclamation Act of 1977 (SMCRA). This determination is based on reasons cited in the "Director's Findings" section in a separate notice published on May 10, 2000 (65 FR 29949), announcing disapproval of the statutory provision.

August 22, 2000 65 FR 51021
Notice of Proposed Information Collection
ACTION: Notice and request for comments.
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request approval for the collection of information for its technical training program nomination form and request for payment of travel and per diem form.

August 18, 2000 (30 CFR Part 948) 65 FR 50409
West Virginia Regulatory Program
ACTION: Final rule; approval of amendment.
OSM is announcing its approval, with certain exceptions, of an amendment to the West Virginia regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The program amendment consists of changes to the West Virginia regulations (38 CSR 2) contained in House Bill 4223, and changes to @ 22-3 of the Code of West Virginia contained in Senate Bill 614. The amendment is intended to comply with the Consent Decree that was agreed to by the plaintiffs and the West Virginia Division of Environmental Protection (WVDEP) and approved by the U.S. District Court for the Southern District of West Virginia on February 17, 2000, in the matter of Bragg v. Robertson, Civil Action No. 2:98-0636 (S.D.W.Va.).

August 14, 2000 (30 CFR Part 920) 65 FR 49524
Maryland Abandoned Mine Land Reclamation Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.
OSM is announcing receipt of a proposed amendment to the Maryland abandoned mine land reclamation program (Maryland program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of a modification to the definition of the term "Government-Financed Construction" at Code of Maryland Regulation (COMAR) 26.20.12.02 and the addition of new section.04 to COMAR 26.20.12. The amendment is intended to revise the Maryland program to be consistent with the corresponding federal regulations.

July 24, 2000 65 FR 45618
Notice of Proposed Information Collection
ACTION: Notice and request for comments.
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing that the information collection request regarding noncoal reclamation, found at 30 CFR Part 875, has been forwarded to the Office of Management and Budget (OMB) for renewal authority. The information collection request describes the nature of the information collection and the expected burden and cost.

July 17, 2000 (30 CFR Part 934) 65 FR 44015
North Dakota Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.
The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of 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 proposes revisions of rules about: Rulemaking notices; prime farmland reclamation plans; permit approval and denial criteria; performance bond liability period; bond release applications; surface water monitoring; revegetation success standards; prime farmland reclamation standards; and small operator assistance.

North Dakota intends to revise its program to be consistent with the corresponding Federal regulations, clarify ambiguities, and improve operational efficiency.

July 14, 2000 (30 CFR Part 946) 65 FR 43723
Virginia Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.
OSM is announcing receipt of a proposed amendment to the Virginia regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The program amendment consists of changes to the Virginia Surface Mining Reclamation Regulations concerning subsidence control. The amendment is intended to revise the Virginia program to be consistent with the corresponding Federal regulations.

July 5, 2000 65 FR 41488
Notice of Proposed Information Collection
ACTION: Notice of request for comments.
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request approval for the collection of information for the Abandoned Mine Land Contractor Information form.

June 28, 2000 65 FR 39924
Notice of Proposed Information Collection
ACTION: Notice and request for comments.
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request approval for the collection of information for the general provisions at 30 CFR Part 700.

June 26, 2000 (30 CFR Part 917) 65 FR 39319
Kentucky Regulatory Program
ACTION: Proposed rule; public comment period.
OSM is announcing a proposed action to preempt and supersede portions of Kentucky Revised Statute (KRS) 350.060(16). The 1998 Kentucky General Assembly enacted this provision, which pertains to the renewal of expired permits, into law by passing House Bill 593.

It proposed that if a permit has expired or a permit renewal application [*39320] has not been timely filed and the operator or permittee wants to continue the surface coal mining operation, Kentucky will issue a notice of noncompliance (NOV). The NOV will be considered complied with, and the permit may be renewed, if Kentucky receives a permit renewal application within 30 days of the receipt of the NOV. Upon submittal of a permit renewal application, the operator or permittee will be deemed to have timely filed the application and can continue, under the terms of the expired permit, the mining operation, pending issuance of the permit renewal. Failure to comply with the remedial measures of the NOV will result in the cessation of the operation.

June 23, 2000 65 FR 39178
Notice of Proposed Information Collection
ACTION: Notice and request for comments.
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing that the information collection requests for 30 CFR part 733, Maintenance of State programs and procedures for substituting Federal enforcement of State programs and withdrawing approval of State programs; 30 CFR part 785, Requirements for permits for special categories of mining; and 30 CFR part 876, Acid mine drainage treatment and abatement program, have been forwarded to the Office of Management and Budget (OMB) for review and comment. The information collection requests describe the nature of the information collections and their expected burden and cost.

June 23, 2000 65 FR 39178
Fall Creek Falls, Tennessee, Lands Unsuitable for Surface Coal Mining and Reclamation Operations; Availability of Record of Decision and Statement of Reasons
ACTION: Notice of availability of record of decision and the statement of reasons on the petition to declare certain lands in Fall Creek Falls, Tennessee, unsuitable for surface coal mining.
The Secretary of Interior has reached a decision on a petition to designate certain areas as unsuitable for [*39179] surface coal mining operations in Fall Creek Falls, Bledsoe and Van Buren Counties, Tennessee.

June 22, 2000 (30 CFR Part 901) 65 FR 38724
Alabama Regulatory Program
ACTION: Final rule; approval of amendment.
The Office of Surface Mining Reclamation and Enforcement (OSM) is approving an amendment to the Alabama regulatory program (Alabama program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Alabama proposed revisions to and additions of regulations concerning removal of coal incidental to government-financed construction and the suitability of topsoil substitutes or supplements. Alabama also corrected citation references. Alabama intends to revise its program to be consistent with the corresponding Federal regulations.

' June 8, 2000 (30 CFR Part 901) 65 FR 36328
Alabama Regulatory Program
ACTION: Final rule.
OSM is approving an amendment to the Alabama regulatory program (Alabama program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Alabama proposed revisions to the Alabama Surface Mining Control and Reclamation Act (ASMCRA) concerning the repair or compensation for material damage to any occupied residential dwelling and related structures or any noncommercial building. The proposed revisions also concern the replacement of contaminated, diminished, or interrupted drinking, domestic or residential water supplies. The damage to the protected structures or water supplies has to have been caused by subsidence resulting from underground coal mining operations. Alabama proposed to revise its program at its own initiative.

June 7, 2000 (30 CFR Parts 701, 724, 773, 774, 778, 842, 843, and 846) 65 FR 36097
Application and Permit Information Requirements; Permit Eligibility; Definition of Ownership and Control; the Applicant/Violator System; Alternative Enforcement Actions
ACTION: Proposed rule; reopening and extension of comment period.
On December 21, 1998 (63 FR 70580), we, the Office of Surface Mining (OSM), proposed a rule to amend our permanent program regulations for surface coal mining operations under the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1201, et seq., as amended (SMCRA or the Act). We are reopening the comment period for the proposed rule in light of a judicial decision in a case decided after the close of the comment period. The comment period was originally scheduled to close on February 19, 1999, but was subsequently extended to March 25, 1999 (64 FR 8763; Feb. 23, 1999), then to April 15, 1999 (64 FR 15322; March 31, 1999), and ultimately to May 10, 1999 (64 FR 23811; May 4, 1999). Shortly thereafter, on May 28, 1999, the U.S. Court of Appeals for the District of Columbia Circuit handed down a decision in National Mining Ass'n v. U.S. Dept. of the Interior, 177 F.3d 1 (D.C. Cir. 1999) (NMA v. DOI II). Because we incorporated certain provisions and concepts into our December 21, 1998 proposed rule, which were later invalidated by the court, we feel it advisable to obtain input from the public on the effects of the appeals court's decision on our proposed rule. By this notice, we are reopening and extending the comment period for an additional 30 days to seek comments on the effects of the court decision on our proposed rule so that we can ensure that our final rule is consistent with the NMA v. DOI II decision.

June 7, 2000 (30 CFR Part 906) 65 FR 36098
Colorado Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.
Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of a proposed amendment to the Colorado regulatory program (hereinafter, the "Colorado program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Colorado proposes revisions to rules concerning definitions; permit application requirements; comment period for revisions; requirements for permit approval or denial; and performance standards for sedimentation ponds, discharge structures, impoundments, stream buffer zones, coal exploration, and coal processing plants and support facilities not located at or near the mine site or not within the permit area for the mine. Colorado intends to revise its program to be consistent with the corresponding Federal regulations, clarify ambiguities, and improve operational efficiency.

June 7, 2000 (30 CFR Part 931) 65 FR 36101
New Mexico Regulatory Program
ACTION: Proposed rule; reopening and extension of public comment period on proposed amendment. Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of revisions pertaining to a previously proposed amendment to the New Mexico regulatory program (hereinafter, the "New Mexico program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The revisions to New Mexico's proposed rules pertain to the definitions of "material damage" and"occupied residential dwelling and associated structures" and subsidence control during underground mining. The amendment is intended to revise the New Mexico program to be consistent with the corresponding Federal regulations.

June 7, 2000 (30 CFR Part 931) 65 FR 36104
New Mexico Regulatory Program
ACTION: Proposed rule; reopening and extension of public comment period and opportunity for public hearing on proposed amendment.
Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of revisions pertaining to a previously proposed amendment to the New Mexico regulatory program (hereinafter, the "New Mexico program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The revisions to New Mexico's proposed rules pertain to the Coal Mine Reclamation Program Vegetation Standards (including success standards, sampling techniques, and normal husbandry practices), time frames within the liability period for demonstrating success of revegetation, and annual report requirements. The amendment is intended to revise the New Mexico program to be consistent with the corresponding Federal regulations.

June 5, 2000 (30 CFR Part 914) 65 FR 35568
Indiana Regulatory Program
ACTION: Final rule; approval of amendment. The Office of Surface Mining Reclamation and Enforcement (OSM) is approving an amendment to the Indiana regulatory program (Indiana program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Indiana revised and recodified its procedural rules for adjudicatory proceedings. Indiana intends to revise its program to be consistent with the corresponding Federal regulations and to improve operational efficiency.

June 2, 2000 65 FR 35394
Notice of Proposed Information Collection
ACTION: Notice and request for comments.
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request approval for the collection of information for Requirements for Permits and Permit Processing, 30 CFR part 773.

May 31, 2000 (30 CFR Part 917) 65 FR 34625
Kentucky Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.
OSM is announcing receipt of a proposed amendment to the Kentucky regulatory program (Kentucky program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of revisions to the Kentucky regulations pertaining to permitting, abating violations, and constructing roads above highwalls. The amendment is intended to revise the Kentucky program to be consistent with the corresponding Federal regulations.

May 31, 2000 65 FR 34730
Watershed Cooperative Agreement Program
ACTION: Extension of time to submit applications for the Watershed Cooperative Agreement Program.
The Office of Surface Mining Reclamation and Enforcement (OSM) of the U.S. Department of the Interior (DOI) published a Federal Register notice on December 27, 1999 (64 FR 72360), soliciting applications for funding under the Watershed Cooperative Agreement Program. This notice extends the time for submitting applications until September 15, 2000, or until all available funds have been awarded.

May 26, 2000 (30 CFR Part 914) 65 FR 34092
Indiana Regulatory Program
ACTION: Final rule; approval of amendment.
The Office of Surface Mining Reclamation and Enforcement (OSM) is approving an amendment to the Indiana regulatory program (Indiana program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Indiana proposed revisions to its statutes that would allow the use of money from its post-1977 abandoned mine reclamation fund, under specified circumstances, to replace domestic water supplies disrupted or affected by surface coal mining and reclamation operations. Indiana intends to revise its program in order to provide additional protection to society and the environment from the adverse effects of surface coal mining operations.

May 26, 2000 (30 CFR Part 936) 65 FR 34094
Oklahoma Regulatory Program
ACTION: Final rule; approval of amendment. OSM is approving an amendment to the Oklahoma regulatory program (Oklahoma program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Oklahoma proposed revisions and additions to its regulations concerning restrictions on the financial interests of State employees. Specifically, the amendment concerns the authority of the Director of the Department of Mines, where to file statements of financial interests, what to report on such statements, and resolving prohibited interests. Oklahoma intends to clarify the responsibilities of the Director of the Oklahoma Department of Mines, advisory board members, commissions, and employees regarding restriction on the financial interests of State employees.

May 10, 2000 (30 CFR Part 917) 65 FR 29949
Kentucky Regulatory Program
ACTION: Final rule; approval of amendment. OSM is approving, with one exception, a proposed amendment to the Kentucky regulatory program (Kentucky program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Kentucky is proposing revisions to the Kentucky Revised Statutes (KRS) pertaining to bonding and permits. The amendment is intended to revise the Kentucky program to be consistent with the corresponding Federal regulations.

May 10, 2000 65 FR 30132
Notice of Proposed Information Collection
ACTION: Notice and request for comments.
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request approval for the collection of information for noncoal reclamation, 30 CFR Part 769.

May 9, 2000 65 FR 26851
Proposed Kykotsmovi Sewer Lagoon--Public Facility Project
ACTION: Notice of application for grant funding; public comment period for the Hopi Tribe's request to fund the Village of Kykotsmovi Sewer Lagoon-Public Facility Project.
OSM is announcing its receipt of a grant application from the Hopi Abandoned Mine Land (AML) Program, in Kykotsmovi, Arizona. The Hopi Tribe is requesting $ 200,000 from the Abandoned Mine Reclamation Fund to pay the cost of upgrades to the existing wastewater infrastructure within the Village of Kykotsmovi on the Hopi Indian Reservation. In its application, the Hopi Tribe proposes paying for a percentage of the total construction cost as a public facility project (PFP) to offset various socioeconomic impacts to the community that is impacted by the mining of Hopi coal. The Chairman of the Hopi Tribe has determined that this project is necessary to prevent an imminent threat to human health and safety.

This notice describes when and where you may read the Grant Application that requests funding for the Village of Kykotsmovi-Sewer Lagoon Public Facilities Project. It also sets the time period during which you may send written comments on the request to OSM.

May 5, 2000 (30 CFR Part 948) 65 FR 26130
West Virginia Regulatory Program
ACTION: Final rule
OSM is approving, with certain exceptions, amendments to the West Virginia permanent regulatory program (hereinafter referred to as the West Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The amendment consists of the revisions to the West Virginia Surface Mining Reclamation Regulations. The amendments are intended to improve the operational efficiency of the West Virginia program.

April 28, 2000 (30 CFR Part 920) 65 FR 24897
Maryland Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.
OSM is announcing receipt of a proposed amendment to the Maryland regulatory program (Maryland program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of revisions to the Maryland regulations regarding a definition of previously mined area, termination of jurisdiction, permitting requirements, bond release requirements and performance standards for inspections. The amendment is intended to revise the Maryland program to be no less effective than the corresponding Federal regulations.

April 28, 2000 65 FR 24980
Notice of Proposed Information Collection
ACTION: Notice and request for comments.
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing that the information collection requests for the titles described below have been forwarded to the Office of Management and Budget (OMB) for review and comment. The information collection requests describe the nature of the information collections and their expected burden and cost.

April 26, 2000 (30 CFR Part 901) 65 FR 24433
Alabama Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.
The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of an amendment to the Alabama regulatory program (Alabama program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Alabama proposes revisions to and additions of regulations concerning removal of coal incidental to government financed construction and general requirements for reclamation plans. Alabama also corrected citation references. Alabama intends to revise its program to be consistent with the corresponding Federal regulations.

This document gives the times and locations that the Alabama program and the proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.

April 25, 2000 (30 CFR Part 948) 65 FR 24158
West Virginia Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing
OSM is announcing receipt of a proposed amendment to the West Virginia regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The program amendment consists of changes to the West Virginia regulations (38 CSR 2) contained in House Bill 4223, and changes to the Code of West Virginia contained in Senate Bill 614. The amendments are intended to comply with the Consent Decree between the plaintiff and the West Virginia Division of Environmental Protection (WVDEP) entered on February 17, 2000, in the matter of Bragg v. Robertson, No. 2:98-636 (S.D.W.Va.).

April 17, 2000 (Notice) 65 FR 20486
Notice of Proposed Information Collection
ACTION: Notice and request for comments
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining (OSM) is announcing its intention to request approval for the collection of information for noncoal reclamation, 30 CFR part 875.

April 14, 2000 (Notice) 65 FR 20202
Notice of Proposed Information Collection
ACTION: Notice and request for comments
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request renewed approval for the collections of information for 30 CFR 795, Permanent Regulatory Program-Small Operator Assistance Program (SOAP), and two technical training program course effectiveness evaluation forms. These collection requests have been forwarded to the Office of Management and Budget (OMB) for review and comment. The information collection requests describe the nature of the information collections and the expected burden and cost.

April 10, 2000 (30 CFR Part 931) 65 FR 18889
New Mexico Regulatory Program
ACTION: Final rule; approval of amendmen
The Office of Surface Mining Reclamation and Enforcement (OSM) is approving a proposed amendment to the New Mexico regulatory program (hereinafter, the "New Mexico program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). New Mexico proposed revisions about cross sections, maps, and plans required in a permit application; criteria for permit approval or denial; requirement to release performance bonds; timing of backfilling and grading; backfilling and grading requirements for the construction of small depressions; and design requirements for road embankments. New Mexico revised its program to be consistent with the corresponding Federal regulations.

April 7, 2000 (30 CFR Part 913) 65 FR 18237
Illinois Regulatory Program
ACTION: Final rule
OSM is approving part of an amendment to the Illinois regulatory program (Illinois program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Illinois proposed revisions to its program concerning subsidence control, water replacement, adjustment of performance bond amounts, administrative review, release of performance bonds, siltation structures, impoundments, hydrologic balance, disposal of noncoal mine wastes, revegetation, backfilling and grading, prime farmland, and State inspections. This final rule document addresses Illinois' revisions concerning release of performance bonds, siltation structures, impoundments, hydrologic balance, disposal of noncoal mine wastes, revegetation, backfilling and grading, and prime farmland. We addressed the remaining program topics in two previous final rule documents. Illinois intends to revise its program to be consistent with the corresponding Federal regulations, to provide additional safeguards, and to improve operational efficiency.

April 5, 2000 65 FR 17900
Notice of Proposed Information Collection
ACTION: Notice and request for comments
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining and Reclamation and Enforcement (OSM) is announcing its intention to request approval for the collection of information for 30 CFR part 785, Requirements for permits for special categories of mining.

March 31, 2000 (30 CFR Part 934) 65 FR 17211
North Dakota Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment
Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of a proposed amendment to the North Dakota regulatory program (hereinafter, the "State program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). North Dakota proposes revisions to its revegetation policy document, "Standards for Evaluation of Revegetation Success and Recommended Procedures for Pre- and Postmining Vegetation Assessments," as discussed in SUPPLEMENTARY INFORMATION, II. Proposed Amendment. It intends to revise its program to improve operational efficiency.

March 31, 2000 (30 CFR Part 936) 65 FR 17213
Oklahoma Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing
OSM is announcing receipt of a proposed amendment to the Oklahoma regulatory program (Oklahoma program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Oklahoma proposes revisions to and/or additions of rules concerning restrictions on the financial interests of State employees, specifically, authority, where to file, what to report, and resolving prohibited interests. Oklahoma intends to revise its program to clarify the responsibilities of the Director of the Oklahoma Department of Mines, advisory board members, commissions, and employees regarding restrictions on the financial interest of State employees.

This document gives the times and locations that the Oklahoma program and the amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.

March 24, 2000 (Notice) 65 FR 15921
Final Petition Evaluation Document/Environmental Impact Statement on Fall Creek Falls, Tennessee
ACTION: Notice of extension.
On March 3, 2000, the Office of Surface Mining Reclamation and Enforcement (we or OSM) made available a final petition evaluation document/environmental impact statement (PED/EIS) for a petition to designate certain lands in and near Fall Creek Falls State Park and Natural Area as unsuitable for all surface coal mining operations. The land is located in Van Buren and Bledsoe Counties, Tennessee. We prepared the PED/EIS to assist the Secretary of the Interior in making a decision on the petition. Governing regulations at 40 CFR 1506.10(b)(2) require that no decision on the petition be made until 30 days after the PED/EIS is made available to the public. We are extending the prescribed wait period by 30 days.

March 23, 2000 (30 CFR Part 938) 65 FR 15553
Pennsylvania Regulatory Program
ACTION: Final rule; approval of amendment.
OSM is approving, with certain exceptions, a proposed amendment to the Pennsylvania permanent regulatory program (hereinafter referred to as the Pennsylvania program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The amendment revises the Pennsylvania program to incorporate changes made by Pennsylvania regarding administration of the Small Operators Assistance Program (SOAP).

March 10, 2000 65 FR 13015
Notice of Proposed Information Collection
ACTION: Notice and request for comments.
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request continued approval for the collections of information for 30 CFR parts 733 and 876.

March 9, 2000 (30 CFR Part 914) 65 FR 12492
Indiana Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.
The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of a proposed amendment to the Indiana regulatory program (Indiana program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Indiana proposes revisions to its statutes that would allow the use of money from its post-1977 abandoned mine reclamation fund, under specified circumstances, to replace domestic water supplies disrupted or affected by surface coal mining and reclamation operations. Indiana intends to revise its program in order to provide additional protection to society and the environment from the adverse effects of surface coal mining operations.

This document gives the times and locations that the Indiana program and amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.

March 7, 2000 (30 CFR Part 914) 65 FR 11950
Indiana Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.
The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of a proposed amendment to the Indiana regulatory program (Indiana program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Indiana submitted revised procedural rules for adjudicatory proceedings. Indiana intends to revise its program to be consistent with the corresponding Federal regulations. This document gives the times and locations that the Indiana program and amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.

March 3, 2000 65 FR 11604
Availability of Final Petition Evaluation Document/Environmental Impact Statement on Fall Creek Falls, TN ACTION: Notice of availability of the final Petition Evaluation Document/Environmental Impact Statement (PED/EIS) for Fall Creek Falls Lands Unsuitable for Mining Petition.
The Office of Surface Mining (OSM) of the United States Department of the Interior is making available a final PED/EIS for a petition to designate Fall Creek Falls State Park and Natural Area and certain lands in the watershed and viewshed of Fall Creek Falls State Park and Natural Area, Van Buren and Bledsoe Counties, Tennessee, as unsuitable for all surface coal mining operations. The PED/EIS has been prepared to assist the Secretary of the Interior in making a decision on the petition to designate the Fall Creek Falls State Park and Natural Area and certain lands in the watershed and viewshed of Fall Creek Falls State Park and Natural Area as unsuitable for surface coal mining operations.

February 28, 2000 (30 CFR Part 948) 65 FR 10388
West Virginia Regulatory Program
ACTION: Final rule; correction.
This document corrects OSM's decision on an amendment submitted by the State of West Virginia as a modification to its permanent regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). OSM published its decision on the provision in the February 9, 1999, Federal Register (64 FR 6201). The decision being corrected concerns subsidence regulations, and specifically concerns certain rules that pertain to an "angle of draw" determination for subsidence damage. This correction is intended to comply with the decision of the United States Court of Appeals for the District of Columbia in National Mining Association v. Babbitt, No. 98-5320 (D.C. Cir., April 27, 1999).

February 24, 2000 65 FR 9297
Watershed Cooperative Agreement Program: Arts and Appalachian Clean Streams Program
ACTION: Notice of availability of funds for the Watershed Cooperative Agreement Program: Arts and Appalachian Clean Stream Program.
The Office of Surface Mining Reclamation and Enforcement (OSM) of the U.S. Department of the Interior is announcing its intent to solicit applications from eligible, not-for-profit candidates for funding under the OSM/National Endowment for the Arts Cooperative Agreement Program to undertake preliminary design projects engaging significant artists with local watershed groups.

February 18, 2000 (30 CFR Part 917) 65 FR 8327
Kentucky Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.
OSM is announcing receipt of a proposed amendment to the Kentucky regulatory program (Kentucky program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of revisions to the Kentucky regulations pertaining to general requirements for steep slopes. The amendment is intended to revise the Kentucky program to be consistent with the corresponding Federal regulations.

February 16, 2000 65 FR 7881
Notice of Proposed Information Collection
ACTION: Notice and request for comments.
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request approval for the collections of information for 30 CFR part 779 and the OSM-1 Form.

February 15, 2000 (30 CFR Part 870) 65 FR 7706
Abandoned Mine Land (AML) Fee Collection and Coal Production Reporting on the OSM-1 Form
ACTION: Proposed rule.
We, the Office of Surface Mining Reclamation and Enforcement (OSM) propose to amend our regulations governing Abandoned Mine Land (AML) reclamation fee reporting to allow for the electronic filing of the information required on the OSM-1 Form.

February 14, 2000 (30 CFR Part 913) 65 FR 7331
Illinois Regulatory Program
ACTION: Proposed rule; reopening and extension of public comment period on proposed amendment.
The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of revisions to a previously proposed amendment to the Illinois regulatory program (Illinois program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Illinois proposed revisions to its program concerning subsidence control, water replacement, adjustment of performance bonds, administrative review, release of performance bonds, siltation structures, impoundments, hydrologic balance, disposal of noncoal mine wastes, revegetation, backfilling and grading, prime farmland, and State inspections. Illinois intends to revise its program to be consistent with the corresponding Federal regulations, to provide additional safeguards, and to improve operational efficiency.

February 10, 2000 65 FR 6623
Notice of Proposed Information Collection
ACTION: Notice and request for comments.
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing that the information collection request for 30 CFR 783, Underground Mining Permit Applications-Minimum Requirements for Information on Environmental Resources has been forwarded to the Office of Management and Budget (OMB) for review and comment. The information collection request describes the nature of the information collection and the expected burden and cost.

February 7, 2000 ( 30 CFR Part 946) 65 FR 5781
Virginia Regulatory Program
ACTION: Final rule; approval of amendment.
OSM is approving an amendment to the Virginia permanent regulatory program (hereinafter referred to as the Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The amendment clarifies the State's interpretation of its regulations concerning the disposal of excess spoil. The amendment is intended to improve the operational efficiency of the Virginia program.

February 2, 2000 ( 30 CFR Part 938) 65 FR 4882
Pennsylvania Regulatory Program
ACTION: Final rule; approval of amendments.
OSM is approving, with one exception, a proposed amendment to the Pennsylvania permanent regulatory program (Pennsylvania program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The amendment responds to required amendments to the Pennsylvania program that are identified in OSM's approval of Pennsylvania's coal refuse disposal amendment on April 22, 1998 (63 FR 19802). The amendment is intended to revise the Pennsylvania program to be consistent with SMCRA and the Federal regulations.

January 14, 2000 (30 CFR Part 904) 65 FR 2331
Arkansas Abandoned Mine Land Reclamation Plan
ACTION: Final rule; approval of amendment.
Office of Surface Mining Reclamation and Enforcement (OSM) is approving a proposed amendment to the Arkansas abandoned mine land reclamation plan (Arkansas plan) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The amendment consists of an addition to the Arkansas plan relating to the exclusion of certain noncoal reclamation sites. Arkansas intends to revise its plan to be consistent with the corresponding Federal regulations.

January 14, 2000 ( 30 CFR Part 944) 65 FR 2364
Utah Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.
The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of a proposed amendment to the Utah regulatory program (the "Utah program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Utah's amendment proposes to change the State's rules pertaining to: Definitions of "abandoned site," "other treatment facilities," "previously mined area," "qualified laboratory," and "significant recreational, timber, economic, or other values incompatible with coal mining and reclamation operations;" engineering requirements for impoundments and for backfilling and grading; hydrologic requirements for impoundments; requirements for bond release applications; prime farmland acreage; inspection frequency for abandoned sites; and the period in which to pay a penalty when requesting a formal hearing. Utah wants to revise its program to make it consistent with the corresponding Federal regulations.

January 7, 2000 (30 CFR Part 914) 65 FR 1059
Indiana Regulatory Program
ACTION: Final rule; approval of amendment.
The Office of Surface Mining Reclamation and Enforcement (OSM) is approving an amendment to the Indiana regulatory program (Indiana program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Indiana proposed to add a new section to its rules. The new section requires permittees of coal mine operations to submit an annual report of affected area to the director of the Indiana Department of Natural Resources (IDNR). Indiana intends to revise its program to improve operational efficiency. We are also taking this opportunity to make a technical correction to 30 CFR 914.16(ii) and to remove the required amendments codified at 30 CFR 914.16(b) and 914.16(ii)(b).

January 7, 2000 (30 CFR Part 946) 65 FR 1063
Virginia Abandoned Mine Land Reclamation Plan
ACTION: Final rule; approval of amendment
OSM is announcing the approval of an amendment to the Virginia Abandoned Mine Land Reclamation (AMLR) Program (hereinafter referred to as the Virginia Program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA), 30 U.S.C. 1201 et seq., as amended. The amendment makes changes to the Ranking and Selection section by adding a subsection concerning reclamation projects receiving less than 50 percent government funding. The amendment is intended to incorporate the additional flexibility afforded by the revised Federal regulations.

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Office of Surface Mining
1951 Constitution Ave. N.W.
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