1999 FEDERAL REGISTER NOTICES

	*1999 Federal Register* notices**

Following are summaries of 1999 Federal Register notices pertaining to the Office of Surface Mining and the implementation of the Surface Mining Law. Current 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 27, 1999 (30 CFR Part 913) 64 FR 72275
Illinois Regulatory Program
ACTION: Final rule; approval of amendment.
The Office of Surface Mining Reclamation and Enforcement (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 adjustment of performance bond amounts, administrative review, subsidence control, water replacement, 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 adjustments to performance bond amounts and administrative review. The primary focus of these revisions is to provide permittees an opportunity for a formal hearing on adjustments made to performance bonds. Illinois intends to revise its program to be consistent with the corresponding Federal regulations, to provide additional safeguards, and to improve operational efficiency.

December 27, 1999 (30 CFR Part 946) 64 FR 72277
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 the following: a statutory change to the Virginia Act at section 45.1-235 C as enacted in the 1999 session of the Virginia General Assembly; regulation changes at section 4 VAC 25-130-700.5 to the definitions of "government financed construction" and "qualified laboratory;" and regulation changes to section 4 VAC 25-130 Part 795 concerning the small operator assistance program (SOAP). The amendment is intended to revise the Virginia program to be consistent with the corresponding Federal provisions.

December 27, 1999 (30 CFR Part 938) 64 FR 72297
Pennsylvania Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.
OSM is announcing the receipt of a proposed amendment to the Pennsylvania Regulatory Program (hereinafter referred to as the Pennsylvania program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA), 30 U.S.C. 1201 et seq., as amended. Pennsylvania has submitted this proposed amendment to reflect changes made to regulations in the Pennsylvania program through the Department's Regulatory Basics Initiative (RBI). Under this initiative, regulations were revised because they were considered to be unclear, unnecessary or more stringent than the corresponding Federal regulation. The RBI resulted in the following rulemaking:

Coal Mining-Areas Unsuitable for Mining, Pennsylvania Bulletin, Vol. 29, No. 41, October 9, 1999.

December 27, 1999 64 FR 72360
Watershed Cooperative Agreement Program
ACTION: Notice of availability of funds for the Watershed Cooperative Agreement 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 Watershed Cooperative Agreement Program to undertake local acid mine drainage reclamation projects.

December 22, 1999 (30 CFR Parts 784 and 817) 64 FR 71652
Surface Coal Mining and Reclamation Operations; Permanent Regulatory Program; Compliance with Court Order
ACTION: Final rule: suspension.
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are suspending certain portions of our permanent program regulations dealing with subsidence from underground coal mining. We are taking this action to make our rules consistent with a recent decision by the U.S. Court of Appeals for the District of Columbia Circuit.

December 22, 1999 (30 CFR Part 931) 64 FR 71698
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 two previously proposed amendments to the New Mexico regulatory program (hereinafter, the "New Mexico program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The revisions for New Mexico's proposed rules pertain to timing of backfilling and grading; definitions of "material damage" and "occupied residential dwelling and associated structures"; design criteria and inspection requirements for impoundments and spillways; adjustment of bond amount for subsidence damage; ground cover requirements for lands to be developed for recreation and shelterbelts; other transportation facilities; and review criteria for improvidently issued permits. The amendments are intended to revise the New Mexico program to be consistent with the corresponding Federal regulations, incorporate the additional flexibility afforded by the revised Federal regulations, and improve operational efficiency.

December 22, 1999 (30 CFR Part 931) 64 FR 71700
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 this Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of revisions to rules pertaining to revegetation success standards and sampling techniques. The amendment is intended to revise the New Mexico program to be consistent with the corresponding Federal regulations.

December 22, 1999 64 FR 71830
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 to continue the collections of information under 30 CFR Part 795, Permanent Regulatory Program-Small Operator Assistance Program (SOAP), and two technical training program course effectiveness evaluation forms. These information collection activities were previously approved by the Office of Management and Budget (OMB), and assigned clearance numbers 1029-0061 and -0110, respectively.

December 17, 1999 (30 CFR Part 914) 64 FR 70578
Surface Coal Mining and Reclamation Operations On Federal Lands; State-Federal Cooperative Agreements; Indiana
ACTION: Final rule.
The Governor of the State of Indiana and the Secretary of the Department of the Interior (Secretary) are entering into a cooperative agreement between the Department of the Interior and the State of Indiana. This agreement will allow Indiana, under the permanent regulatory program, to regulate surface coal mining and reclamation operations on Federal lands in Indiana. Section 523(c) of the Surface Mining Control and Reclamation Act of 1977 (SMCRA) authorizes the cooperative agreement.

December 17, 1999 (30 CFR Part 936) 64 FR 70584
Oklahoma Regulatory Program
ACTION: Final rule; approval of amendment.
The Office of Surface Mining Reclamation and Enforcement (OSM) is approving an amendment to the Oklahoma regulatory program (Oklahoma program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Oklahoma submitted its bond release guidelines with a policy statement relating to revegetation success standards for diversity on lands reclaimed for use as pastureland and grazingland. Oklahoma also submitted evidence of consultation with the U.S. Soil Conservation Service (SCS) regarding the use of test plots as a statistically valid sampling technique for demonstrating success of productivity on prime farmland. Oklahoma intends to revise its program to be consistent with the corresponding Federal regulations.

December 17, 1999 (30 CFR Part 938) 64 FR 70644
Pennsylvania Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.
OSM is announcing the receipt of a proposed 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. Pennsylvania has submitted this proposed amendment to reflect changes made to regulations in the Pennsylvania program through the Department's Regulatory Basics Initiative (RBI). Under this initiative, regulations were revised because they were considered to be unclear, unnecessary or more stringent than the corresponding Federal regulation. The RBI resulted in the rulemaking in Coal Mining Permitting and Performance Standards, Pennsylvania Bulletin, Vol. 28, No. 19, May 9, 1998. The proposed amendment revises certain portions of 25 Pennsylvania Code Chapter 86, Surface and Underground Mining: General; Chapter 87, Surface Mining of Coal; Chapter 88, Anthracite Coal; Chapter 89, Underground Mining of Coal and Coal Preparation Facilities; and Chapter 90, Coal Refuse Disposal. The amendments are intended to revise the Pennsylvania program to be consistent with the corresponding Federal regulations.

December 17, 1999 64 FR 70727
Valid Existing Rights Final Environmental Impact Statement, OSM-EIS-29
ACTION: Notice of availability of Final Environmental Impact Statement.
The Office of Surface Mining Reclamation and Enforcement ("we" or OSM) is making available the final environmental impact statement for revisions to its permanent program regulations implementing section 522(e) of the Surface Mining Control and Reclamation Act of 1977 and an interpretive rule concerning the applicability of the section 522(e) prohibitions to subsidence resulting from underground coal mining.

December 17, 1999 (30 CFR Parts 740, 745, 761, 762, 772, 773, 778, 780, and 784) 64 FR 70765
Valid Existing Rights
ACTION: Final rule and record of decision.
This rule redefines the circumstances under which a person has valid existing rights (VER) to conduct surface coal mining operations on lands listed in section 522(e) of the Surface Mining Control and Reclamation Act of 1977 (SMCRA or "the Act"). Section 522(e) prohibits or restricts surface coal mining operations on certain lands, including, among other areas, units of the National Park System, Federal lands in national forests, and buffer zones for public parks, public roads, occupied dwellings, and cemeteries. The rule also establishes requirements for submitting and processing requests for VER determinations for those lands. Finally, the rule modifies the exception for existing operations; revises the procedures for compatibility findings for surface coal mining operations on Federal lands in national forests; and establishes requirements governing coal exploration activities on the lands listed in section 522(e) of SMCRA. Adoption of this rule removes all existing suspensions affecting 30 CFR part 761.

December 17, 1999 (30 CFR Part 761) 64 FR 70838
Interpretative Rule Related to Subsidence Due to Underground Coal Mining
ACTION: Final rule and record of decision.
The Office of Surface Mining Reclamation and Enforcement interprets sections 522(e) and 701(28) of the Surface Mining Control and Reclamation Act of 1977 and implementing rules to provide that subsidence due to underground mining is not a surface coal mining operation. Subsidence therefore is not prohibited in areas protected under the Act. Neither subsurface activities that may result in subsidence, nor actual subsidence, are prohibited on lands protected by section 522(e). Subsidence is subject to regulation under other applicable provisions of the Surface Mining Control and Reclamation Act of 1977, primarily sections 516 and 720.

December 13, 1999 (30 CFR Part 946) 64 FR 69399
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 provides clarification of an existing State policy directive concerning permit revisions. The amendment is intended to improve the operational efficiency of the State program.

December 7, 1999 (30 CFR Part 918) 64 FR 68289
Louisiana Regulatory Program
ACTION: Final rule; approval of amendment.
The Office of Surface Mining Reclamation and Enforcement (OSM) is approving an amendment to the Louisiana regulatory program (Louisiana program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Louisiana proposed revisions to and additions of statutes concerning requirements for permit applications, eligibility requirements for the Small Operator Assistance Program (SOAP), and permit exemptions. Louisiana intends to revise the Louisiana program to be consistent with SMCRA and the Louisiana Surface Mining Regulations.

November 30, 1999 64 FR 66932
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 30 CFR part 783, Underground Mining Permit Applications-Minimum Requirements for Information on Environmental Resources.

November 29, 1999 (30 CFR Part 938) 64 FR 66598
Pennsylvania Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.
OSM is announcing the receipt of a proposed amendment to the Pennsylvania regulatory program (Pennsylvania program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed 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 26, 1999 (30 CFR Part 915) 64 FR 66385
Iowa Regulatory Program
ACTION: Final rule; approval of amendment.
The Office of Surface Mining Reclamation and Enforcement (OSM) is approving, with certain exceptions and additional requirements, an amendment to the Iowa regulatory program (Iowa program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Iowa added revegetation success guidelines to its program. These guidelines include revegetation success standards, statistically valid sampling procedures and techniques for determining revegetation success on areas being restored to various land uses, and normal husbandry practices. Iowa intends to revise its program to be consistent with the corresponding Federal regulations and to improve operational efficiency.

November 22, 1999 (30 CFR Part 935) 64 FR 63688
Ohio Regulatory Program
ACTION: Final rule; approval of amendment.
OSM is approving a proposed amendment to the Ohio regulatory program (Ohio program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Ohio is proposing revisions to section 1501:13-1-04 of the Ohio Administrative Code (OAC) as it relates to exemptions for coal extraction incidental to government-financed highway or other construction. The amendment is intended to revise the Ohio program to include counterparts to the recently promulgated "AML Enhancement Rule," which revised the Federal regulations at 30 CFR 707.5 and added a new provision, at 30 CFR 874.17.

November 22, 1999 (30 CFR Part 920) 64 FR 63684
Maryland Regulatory Program
ACTION: Final rule; approval of amendment.
OSM is approving proposed amendments to the Maryland regulatory program (Maryland program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendments consist of revisions to the Maryland regulations regarding the design, construction and maintenance of haul roads. The amendments are intended to revise the Maryland program to be consistent with the corresponding Federal regulations.

November 22, 1999 (30 CFR Part 914) 64 FR 63681
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 rules [*63682] concerning revegetation standards for success for nonprime farmland for surface and underground coal mining and reclamation operations under Indiana Code (IC) 14-34. Indiana intends to revise its program to be consistent with the corresponding Federal regulations.

November 22, 1999 64 FR 64482
Semiannual Regulatory Agenda
ACTION: Semiannual regulatory agenda.
This notice provides the semiannual agenda of rules scheduled for review or development between October 1999 and April 2000. The Regulatory Flexibility Act and Executive Order 12866 require publication of the agenda.

November 19, 1999 64 FR 63330
Proposed Replacement of Wright Water Distribution Looping Project
ACTION: Notice of application for grant funding; public comment period on request to fund the Wright Water Distribution Looping 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 $ 160,000 from the Abandoned Mine Reclamation Fund to pay the cost of replacing the Wright Water Distribution Looping Project. In its application, the State proposes paying for the construction cost as a public facility project that will benefit a community impacted by coal mining.

This notice describes when and where you may read the grant application for funding the Wright Water Distribution Looping Project. It also sets the time period during which you may send written comments on the request to us

November 19, 1999 64 FR 63331
Proposed Replacement of Riverton Sewage Treatment Plant Pump
ACTION: Notice of application for grant funding; public comment period on request to fund the Riverton Sewage Treatment Plant Pump replacement.
OSM is announcing its receipt of a grant application from the Wyoming Department of Environmental Quality, Abandoned Mine Land Division (AMLD). Wyoming is requesting $ 160,000 from the Abandoned Mine Reclamation Fund to pay the cost of replacing the Riverton Sewage Treatment Plan Pump. In its application, the State proposes paying for the construction cost as a public facility project that will benefit a community impacted by iron and uranium mining.

This notice describes when and where you may read the grant application for funding the Riverton Sewage Treatment Plant Pump project. It also sets the time period during which you may send written comments on the request to us.

November 19, 1999 64 FR 63333
Proposed Construction of Lander Water Treatment System
ACTION: Notice of application for grant funding; public comment period on request to fund the Lander Water Treatment System
OSM is announcing its receipt of a grant application from the Wyoming Department of Environmental Quality, Abandoned Mine Land Division (AMLD). Wyoming is requesting $ 887,239 from the Abandoned Mine Reclamation Fund to pay for the cost of building the Lander Water Treatment System. 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 iron and uranium mining.

This notice describes when and where you may read the grant application for funding the Lander Water Treatment System project. It also sets the time period during which you may send written comments on the request to us.

November 19, 1999 64 FR 63336
Proposed Construction of Etna Water Distribution System
ACTION: Notice of application for grant funding, public comment period on request to fund the Etna Water Distribution System.
OSM is announcing its receipt of a grant application from the Wyoming Department of Environmental Quality, Abandoned Mine Land Division (AMLD). Wyoming is requesting $ 111,500.00 from the Abandoned Mine Reclamation Fund to pay approximately 8 percent of the cost of building the Etna Water Distribution System. The Wyoming Water Development Commission will provide $ 689,300. The Rural Utility Service will provide $ 540,000. 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.

This notice describes when and where you may read the grant application for funding the Etna Water Distribution System project. It also sets the time period during which you may send written comments on the request to us.

November 19, 1999 64 FR 63337
Proposed Construction of Converse County Road 37
ACTION: Notice of application for grant funding; public comment period on request to fund the Converse County Road 37.
OSM is announcing its receipt of a grant application from the Wyoming Department of Environmental Quality, Abandoned Mine Land Division (AMLD). Wyoming is requesting $ 246,500.00 from the Abandoned Mine Reclamation Fund to pay 50 percent of the cost of building Converse County Road 37 in Converse County, Wyoming. The Power River Coal Company will provide $ 71,750. Kennocott Energy Company will provide $ 71,750 and Converse County will provide $ 103, 000. In its application, the State purposes paying for part of the reconstruction cost as a public facility project that will benefit a community impacted by coal and mineral mining.

This notice describes when and where you may read the grant application for funding the Converse County Road 37 project. It also sets the time period during which you may send written comments on the request to us.

November 15, 1999 (30 CFR Part 946) 64 FR 61805
Virginia Regulatory Program
ACTION: Proposed rule; reopening of public comment period.
OSM is reopening the public comment period on a proposed amendment to the Virginia regulatory program (hereinafter referred to as the Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of the following: a statutory change to the Virginia Act at [*61806] section 45.1-235 C as enacted in the 1999 session of the Virginia General Assembly; proposed regulation changes at section 4 VAC 25-130-700.5 to the definitions of "government financed construction" and "qualified laboratory;" and proposed regulation changes to section 4 VAC 25-130 Part 795 concerning the small operator assistance program (SOAP). The comment period is being reopened to provide opportunity to comment on two changes to 4 VAC 25-130-795.11(b) concerning SOAP funding. The amendment is intended to revise the Virginia program to be consistent with the corresponding Federal provisions.

November 12, 1999 (30 CFR Part 948) 64 FR 61507
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 permanent regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The amendment revises the West Virginia Code to create the Office of Explosives and Blasting, and adds and amends sections of the West Virginia Code concerning blasting. The amendment is intended to improve the operational efficiency of the State program.

November 12, 1999 (30 CFR Part 948) 64 FR 61506
West Virginia Regulatory Program
ACTION: Final rule; correction.
This notice 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 October 4, 1995, Federal Register (60 FR 51900). The decision being corrected concerns bond forfeiture, and specifically concerns the liability for reclamation costs that are in excess of the amount of bond forfeited. This correction is intended to comply with the decision of the United States District Court for the Southern District of West Virginia in Cat Run Coal Co. v. Babbitt, No. 2: 95-1063 (S.D. W.Va. Aug. 8, 1996).

November 8, 1999 (30 CFR Part 93) 64 FR 60654
North Dakota Regulatory Program
ACTION: Final rule; approval of amendment.
The Office of Surface Mining Reclamation and Enforcement (OSM) is approving an amendment to the North Dakota regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). [*60655] North Dakota proposed revisions to rules for the definition of replacement of water supply, the issuance of rules, consolidation for multiple permit operations, the submission of an annual map to the Commission for all permit areas, and performance standards for the disposal of noncoal wastes. North Dakota intends to revise its program to be consistent with the corresponding Federal regulations.

October 28, 1999 64 FR 58099
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 870, Abandoned mine reclamation fund-fee collection and coal production reporting; and for three OSM grant forms-OSM-47 (Budget Information Report), OSM-49 (Budget Information and Financial Reporting) and OSM-51 (Performance and Program narrative). 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.

October 28, 1999 (30 CFR Part 925) 64 FR 57978
Missouri Regulatory Program
ACTION: Final rule; approval of amendment.
The Office of Surface Mining Reclamation and Enforcement (OSM) is approving an amendment to the Missouri regulatory program (Missouri program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Missouri proposed normal husbandry practices that the permittee may use without causing the Phase III liability period or the five-year responsibility period to be extended. The practices include applying pesticides and soil amendments; subsoiling; repairing rills and gullies; burning; overseeding; and planting and pruning trees. Missouri intends to revise its program to be consistent with the corresponding Federal regulations.

October 26, 1999 (30 CFR Parts 924) 64 FR 57567
Mississippi Regulatory Program
ACTION: Final rule; approval of amendment.
The Office of Surface Mining Reclamation and Enforcement (OSM) is approving an amendment to the Mississippi regulatory program (Mississippi program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Mississippi proposed revisions to regulations concerning formal hearings; bond release; hydrologic balance; cessation orders; formal review of citations; definitions; areas where mining is prohibited or limited; performance bonds; pre-blasting surveys; permitting; inspections; coal exploration; qualified laboratories; disposal of excess spoil; coal mine waste impounding structures; backfilling and grading; roads; and coal preparation plant performance standards. The State also proposed to correct typographical errors and make other non-substantive revisions. Mississippi intends to revise its program to be consistent with the corresponding Federal regulations

October 26, 1999 (30 CFR Part 914) 64 FR 57565
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 additions of rules concerning blaster certification. Indiana intends to revise its program to improve operational efficiency.

October 22, 1999 ( 30 CFR Part 936) 64 FR 56983
Oklahoma 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 additional information and documentation to support provisions in a previously proposed amendment to the Oklahoma regulatory program (Oklahoma program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Oklahoma provided a policy statement for its bond release guidelines relating to revegetation success standards for diversity on lands reclaimed for use as pastureland and grazingland. Oklahoma also submitted evidence of consultation with the U. S. Soil Conservation Service (SCS) regarding the use of test plots as a statistically valid sampling technique for demonstrating success of productivity on prime farmland. Oklahoma intends to revise its program to be consistent with the corresponding Federal regulations. This document gives the times and locations that the Oklahoma program and the additional information and supporting documentation for its previous 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.

October 22, 1999 ( 30 CFR Part 916) 64 FR 56982
Kansas Regulatory Program
ACTION: Proposed rule; withdrawal of proposed amendment.
OSM is announcing the withdrawal of an amendment to the Kansas regulatory program (Kansas program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Kansas proposed to condense and revise its previously approved revegetation success guidelines. Kansas intended to revise its program to be consistent with the corresponding Federal regulations and to improve operational efficiency. Kansas is [*56983] withdrawing the amendment at its own initiative.

October 18, 1999 (30 CFR Part 904) 64 FR 56179
Arkansas 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 an 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.

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

October 15, 1999 (30 CFR Part 901) 64 FR 55878
Alabama 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 reopening and extending the public comment period for the proposed rule published on September 7, 1999 (64 FR 48573). The comment period originally closed October 7, 1999. We are reopening and extending the comment period because the citizens of Alabama have shown a high level of interest in the revisions proposed by Alabama.

October 8, 1999 ( 30 CFR Part 948) 64 FR 54845
West Virginia Permanent Regulatory Program
ACTION: Proposed rule; reopening of public comment period. OSM is announcing the reopening of the public comment period on a proposed amendment 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 revises the West Virginia Code to create the Office of Explosives and Blasting, and adds and amends sections of the West Virginia Code concerning blasting. The amendment is intended to improve the operational efficiency of the State program. The comment period is being reopened because West Virginia submitted additional information which may affect our final decision on the proposed amendment.

October 8, 1999 (30 CFR Part 946) 64 FR 54843
Virginia Abandoned Mine Land Reclamation Program
ACTION: Proposed rule.
OSM is announcing the receipt of a proposed 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 proposed amendment makes changes to the Ranking and Selection section by adding a subsection concerning reclamation projects receiving less than 50 percent government funding. The proposed amendment is intended to incorporate the additional flexibility afforded by the revised Federal regulations.

October 8, 1999 (30 CFR Part 915) 64 FR 54840
Iowa Regulatory Program
ACTION: Proposed rule; reopening and extension of public comment period on proposed amendment.
OSM is announcing receipt of revisions to a previously proposed amendment to the Iowa regulatory program (Iowa program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Iowa proposes revisions to its revegetation success guidelines concerning the definition for "prime farmland," plant species for recreational and wildlife areas, reference areas, normal husbandry practices, minimum planting arrangements for recreational, wildlife, and forested lands, and control area adjustments of prime farmland.

Iowa intends to revise its program to be consistent with the corresponding Federal regulations and to improve operational efficiency.

October 1, 1999 (30 CFR Part 950) 64 FR 53203
Wyoming Regulatory Program
ACTION: Final rule; approval of amendment.
The Office of Surface Mining Reclamation and Enforcement (OSM) is approving an amendment to the Wyoming regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Wyoming proposed revisions to and additions of rules for fish and wildlife habitat and resource information, shrub density, certification of maps by a registered professional engineer, geologic descriptions, topsoil substitutes, special bituminous coal mines, archaeological and historic resources, permit transfers, civil penalties, and miscellaneous changes to Appendix A of Wyoming's rules, which concern vegetations sampling methods and reclamation success standards for surface coal mining operations. Wyoming intends to revise its program to be consistent with the corresponding Federal regulations and SMCRA.

October 1, 1999 (30 CFR Part 948) 64 FR 53200
West Virginia Regulatory Program
ACTION: Final rule; approval of amendment.
OSM is announcing its approval of amendments and its decision concerning the State's request that we reconsider certain decisions on a previous program amendment to the West Virginia permanent regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The amendment revises the West Virginia surface mining regulations concerning definitions of "area mining operations" and "mountaintop mining operations;" variances from approximate original contour in steep slope areas; subsidence control plans; permit issuance; construction tolerance; surface owner protection; and primary and emergency spillway designs. The previous amendment being reconsidered concerns subsidence regulations. The amendment is intended to improve the operational efficiency of the State program, and to make the regulations consistent with the counterpart Federal regulations.

September 28, 1999 ( 30 CFR Part 936) 64 FR 52230
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 to and additions of rules concerning burden of proof in civil penalty proceedings, petitions for review of proposed individual civil penalty assessments, permit conditions, verification of ownership or control application information, review of ownership or control and violation information, procedures for challenging ownership or control links shown in Applicant Violator System (AVS), and standards for challenging ownership or control links and the status of violation. Oklahoma intends to revise its program to be consistent with the corresponding Federal regulations.

September 20, 1999 (30 CFR Part 904) 64 FR 50754
Arkansas Abandoned Mine Land Reclamation Plan
ACTION: Final rule; approval of amendment.
The Office of Surface Mining Reclamation and Enforcement (OSM) is approving an amendment to the Arkansas abandoned mine land reclamation plan (Arkansas plan) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Arkansas proposed revisions to its plan concerning definitions, purposes of the reclamation program, identification of eligible lands and water, ranking and selection procedures, coordination of reclamation work, acquisition management and disposition of land and water, reclamation on private land, rights of entry, public participation, organizational structure, personnel and staffing policies, purchasing and procurement systems, management accounting, and AML problem description. Arkansas intends to revise its plan to be consistent with the corresponding Federal regulations and SMCRA.

September 15, 1999 (30 CFR Part 914) 64 FR 50026
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 to add a new section to its rules. The new section requires coal mine operators to submit an annual [*50027] report of affected areas to the director of the Indiana Department of Natural Resources (IDNR). Indiana intends to revise its program to improve operational efficiency. 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.

September 14, 1999 64 FR 49820
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 authority for the collection of information under 30 CFR part 800, Bond and insurance requirements for surface coal mining and reclamation operations under regulatory programs. 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 10, 1999 ( 30 CFR Part 918) 64 FR 49118
Louisiana 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 Louisiana regulatory program (Louisiana program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Louisiana proposes revisions to and additions of statutes concerning requirements for permit applications, eligibility requirements for the Small Operator Assistance Program (SOAP), and permit exemptions. Louisiana intends to revise the Louisiana program to be consistent with SMCRA and the Louisiana Surface Mining Regulations. This document gives the times and locations that the Louisiana 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.

September 7, 1999 (30 CFR Part 901) 64 FR 48573
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 statutes concerning the repair or compensation for material damage caused by subsidence, resulting from underground coal mining operations, to any occupied residential dwelling and related structures or any noncommercial building. Alabama proposed to revise its program at its own initiative. This document gives the times and locations that the Alabama 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 will be followed for the public hearing, if one is requested.

August 20, 1999 ( 30 CFR Part 946) 64 FR 45489
Virginia Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing
OSM is announcing it received a proposed amendment to the Virginia regulatory program (hereinafter referred to as the Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of the following: a statutory change to the Virginia Act at section 45.1-235 C as enacted in the 1999 session of the Virginia General Assembly; proposed regulation changes at section 4 VAC 25-130-700.5 to the definitions of "government financed construction" and "qualified laboratory;" and proposed regulation changes to section 4 VAC 25-130 Part 795 concerning the small operator assistance program (SOAP). The amendment is intended to revise the Virginia program to be consistent with the corresponding Federal provisions.

August 17, 1999 (30 CFR Part 913) 64 FR 44674
Illinois Regulatory Program
ACTION: Proposed rule; withdrawal of a previously proposed amendment and public comment period and opportunity for public hearing for a new proposed amendment
The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing the withdrawal of a previously proposed amendment and the receipt of a new amendment to the Illinois regulatory program (Illinois program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Illinois is replacing its previously proposed amendment dated November 24, 1998, with a new amendment dated August 2, 1999. Both amendments include changes to Illinois' regulations to reflect changes required by the Energy Policy Act of 1992 regarding repair or compensation for material damage caused by subsidence from underground coal mining operations and replacement of drinking, domestic, and residential water supplies that have been adversely impacted by underground coal mining operations. The new amendment also includes revisions to and additions of regulations concerning performance bond adjustment; 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, to clarify ambiguities, and to improve operational efficiency. This document gives the times and locations that the Illinois program and the new 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.

August 12, 1999 (30 CFR Part 943) 64 FR 43913
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). The amendment concerns revegetation success and normal husbandry practice guidelines. Texas is adding these guidelines to ensure consistency with the corresponding Federal regulations; to ensure that adequate data collection methods are used for determining revegetation success for purposes of releasing reclamation performance bonds; and to ensure that the husbandry practices used by the permittee during the period of responsibility for revegetation success and bond liability are normal husbandry practices within the region for unmined lands.

August 12, 1999 (30 CFR Part 914) 64 FR 43911
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). The Indiana Department of Natural Resources (IDNR) proposed revisions to the Indiana program rules pertaining to permitting, collateral bonds, performance bond release, and citizen's request for state inspection. The revisions mainly relate to the public participation and administrative requirements of these rules. Indiana intends to revise its program to be consistent with the corresponding Federal regulations.

August 10, 1999 ( 30 CFR Part 936) 64 FR 43327
Oklahoma Regulatory Program
ACTION: Proposed rule; reopening and extension of public comment period on proposed amendment.
OSM is announcing receipt of revisions to a previously proposed amendment to the Oklahoma regulatory program (Oklahoma program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The revisions concern burden of proof in civil penalty proceedings, petitions for review of proposed individual civil penalty assessment, verification of ownership or control application information, review of ownership or control and violation information, procedures for challenging ownership or control links shown in AVS, and standards for challenging ownership or control links and the status of violation. Oklahoma intends to revise its program to be consistent with the corresponding Federal regulations.

August 6, 1999 (30 CFR Part 935) 64 FR 42887
Ohio Regulatory Program
ACTION: Proposed rule; reopening of public comment period.
OSM is reopening the public comment period on a proposed amendment to the Ohio regulatory program (Ohio program) under the surface Mining Control and Reclamation Act of 1977 (SMCRA). Ohio is proposing revisions to Section 1501:13-1-04 of the Ohio Administrative Code (OAC) as it relates to exemptions for coal extraction incidental to government-financed highway or other construction. The amendment is intended to revise the Ohio program to include counterparts to the recently promulgated "AML Enhancement Rule," which revised the Federal regulations as 30 CFR 707.5 and added a new provision, at 30 CFR 874.17.

August 2, 1999 64 FR 41946
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 three OSM grant forms-OSM-47 (Budget Information Report), OSM-49 (Budget Information and Financial Reporting) and OSM-51 (Performance and Program narrative).

August 2, 1999 64 FR 41946
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 Office of Management and Budget's (OMB) renewal approval for the collection of information for 30 CFR part 80, Abandoned mine reclamation fund-fee collection and coal production reporting.

July 26, 1999 ( 30 CFR Part 924) 64 FR 40326
Mississippi 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 Mississippi regulatory program (Mississippi program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Mississippi proposes revisions to regulations concerning formal hearings; bond release; hydrologic balance; cessation orders; formal review of citations; definitions; areas where mining is prohibited or limited; performance bonds; pre-blasting surveys; permitting; inspections; coal exploration; qualified laboratories; disposal of excess spoil; coal mine waste impounding structures; backfilling and grading; roads; and coal preparation plant performance standards. The State also proposes to correct typographical errors and make other non-substantive revisions. Mississippi intends to revise its program to be consistent with the corresponding Federal regulations. This document gives the times and locations that the Mississippi 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 will be followed for the public hearing, if one is requested.

July 26, 1999 ( 30 CFR Part 916) 64 FR 40323
Kansas 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 Kansas regulatory program (Kansas program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Kansas is proposing to condense and revise its previously approved revegetation success guidelines. The amendment is intended to revise the Kansas program to be consistent with the corresponding Federal regulations and to improve operational efficiency. This document gives the times and locations that the Kansas program and the amendment to that program are available for public inspection, the comment period during which you may submit written comments on the proposed amendment, and the procedures that will be followed for the public hearing, if one is requested.

July 20, 1999 (30 CFR Part 934) 64 FR 38826
North Dakota Regulatory Program
ACTION: Final rule; approval of amendment.
The Office of Surface Mining Reclamation and Enforcement (OSM) is approving a proposed amendment to the North Dakota regulatory program (hereinafter, the "North Dakota program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). North Dakota proposed revising its statute prescribing who may preside over formal hearings and informal conferences.

The amendment is intended to revise a North Dakota State statute to be consistent with its counterpart State regulation.

July 20, 1999 64 FR 38917
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 780, Surface Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plans; and 30 CFR part 887, Subsistence Insurance Program Grants. 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.

July 20, 1999 64 FR 38918
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 parts 740 and 745 which relate to surface coal mining and reclamation operations on Federal lands and State-Federal cooperative agreements, respectively. 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 costs.

July 16, 1999 (30 CFR Part 920) 64 FR 38392
Maryland Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.
OSM is announcing receipt of proposed amendments to the Maryland regulatory program (Maryland program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendments consist of revisions to the Maryland regulations regarding the design, construction and maintenance of haul roads. The amendments are intended to revise the Maryland program to be consistent with the corresponding Federal regulations.

July 16, 1999 (30 CFR Part 917) 64 FR 38391
Kentucky Regulatory Program
ACTION: Proposed rule; reopening of public comment period.
OSM is reopening the public comment period on a proposed amendment to the Kentucky regulatory program (hereinafter the "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 reclamation in lieu of cash payment of civil penalties. The amendment is intended to revise the Kentucky program as required by 30 CFR 917.16(c)(3).

July 15, 1999 (30 CFR Part 914) 64 FR 38165
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 additions of rules concerning blaster certification. Indiana intends to revise its program to improve operational efficiency. 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 will be followed for the public hearing, if one is requested.

July 9, 1999 (30 CFR Part 904) 64 FR 37067
Arkansas 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 an 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 revisions to the Arkansas plan relating to definitions, purposes of the reclamation program, identification of eligible lands and water, ranking and selection procedures, coordination of reclamation work, acquisition management and disposition of land and water, reclamation on private land, rights of entry, public participation, organizational structure, personnel and staffing policies, purchasing and procurement systems, management accounting, and abandoned mine land (AML) problem description. Arkansas intends to revise its amendment in response to our letter dated September 26, 1994, that we sent to the State under 30 CFR 884.15(d). The amendment also includes changes made at Arkansas' own initiative. This document gives the times and locations that the Arkansas plan and the amendment to that plan are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that will be followed for the public hearing, if one is requested.

July 8, 1999 (30 CFR Part 938) 64 FR 36828
Pennsylvania Regulatory Program
ACTION: Proposed rule; reopening of public comment period.
OSM is reopening the public comment period on certain parts of 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 was submitted on December 18, 1998, with revisions submitted on June 1, 1999. The comment period is being reopened for changes that deal with effluent limitations in 25 PA Code Chapter 87, Subchapter F and Chapter 88, Subchapter G. Specifically, these changes include the deletion of the definition of "best professional judgement" at 25 PA Code 87.202 and 25 Pa Code 88.502, and the deletion of subsections 25 PA Code 87.207 (b) and 25 PA Code 88.507 (b). Both @@ 87.207(b) and 88.507(b) are titled, "Treatment of Discharges" and require operator treatment of preexisting discharges which are not encountered during mining or implementation of the abatement plan with the effluent limits established by best professional judgement. The amendment is intended to revise the State program to be consistent with the counterpart Federal provisions.

July 8, 1999 ( 30 CFR Part 920) 64 FR 36784
Maryland Regulatory Program
ACTION: Final rule; approval of amendment.
OSM is approving a proposed amendment to the Maryland regulatory program ("Maryland program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Maryland proposed revisions to its statutes pertaining to the Land Reclamation Committee to satisfy a required program amendment at 30 CFR 920.16(l). The amendment is intended to revise the Maryland program to be consistent with the corresponding Federal regulations and SMCRA.

June 23, 1999 64 FR 33505
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 30 CFR part 800, Bond and insurance requirements for surface coal mining and reclamation operations under regulatory programs.

June 23, 1999 64 FR 33507
Proposed Greybull Sewer Replacement Project in Wyoming
ACTION: Notice of application for grant funding; public comment period on request to fund the Greybull Sewer 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 $ 302,885 from the Abandoned Mine Reclamation Fund to pay approximately 85 percent of the cost of building the Greybull Sewer Replacement project in Greybull, 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 mining activities.

This notice describes when and where the Wyoming abandoned mine land (AML) program and the grant application for funding the Greybull Sewer 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.

June 23, 1999 64 FR 33508
Proposed Rock Springs Stormwater Drainage Channel Project in Wyoming
ACTION: Notice of application for grant funding; Public comment period on request to fund the Rock Springs Stormwater Drainage Channel 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 $ 10,000 from the Abandoned Mine Reclamation Fund to pay approximately 51 percent of the cost of building the Rock Springs Stormwater Drainage Channel 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 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 Drainage Channel project are available for you to read. It also sets the time period during which you may send written comment on the request to us.

June 23, 1999 64 FR 33510
Proposed Converse County Road 37 Project in Wyoming
ACTION: Notice of application for grant funding; public comment period on request to fund the Converse County Road 37 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 $ 261,000 from the Abandoned Mine Reclamation Fund to pay approximately 50 percent of the cost of rebuilding Converse County Road 37 in Converse 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 mining activities.

This notice describes when and where the Wyoming abandoned mine land ( AML) program and the grant application for funding the Converse County Road 37 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.

June 23, 1999 64 FR 33511
Proposed Community Health Center in the Town of Kaycee, WY
ACTION: Notice of application for grant funding; public comment period on request to fund the Kaycee Community Health Center project.
OSM is announcing its receipt of a grant application from the Wyoming Department of Environmental Quality, Abandoned Mine Land Division (AMLD). Wyoming's application requests $ 612,660 from the Abandoned Mine Reclamation Fund to pay approximately 81% percent of the cost of building the Kaycee Community Health Center in Kaycee, 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 mining activities.

This notice describes when and where the Wyoming abandoned mine land (AML) program and the grant application for funding the Kaycee Community Health Center 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.

June 23, 1999 64 FR 33513
Proposed Construction of Cokeville High School in Lincoln County, WY
ACTION: Notice of application for grant funding; public comment period on request to fund the Cokeville High School 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 $ 1 million from the Abandoned Mine Reclamation Fund to pay approximately 19 percent of the cost of building the Cokeville High School in Lincoln County, Wyoming. The Wyoming State Legislature will provide $ 3 million (58%) of the funds and the Lincoln County School Board will provide $ 1.2 million. 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 mining activities.

This notice describes when and where the Wyoming abandoned mine land (AML) program and the grant application for funding the Cokeville High School 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.

June 17, 1999 64 FR 32520
Notice and request for comments
ACTION: Notice and request for comments
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Re: clamation and Enforcement (OSM) is announcing that the information collection request for 30 CFR Part 778, Permit Applications-Minimum Requirements for Legal, Financial, Compliance, and Related Information, has been forwarded to the Office of Management and Budget (OMB) for review and reauthorization. This information collection was previously approved and assigned clearance number 1029-0034. This notice describes the nature of the information collection and the expected burden and cost.

June 17, 1999 (30 CFR Part 925) 64 FR 32449
Missouri 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 additional information about a previously proposed amendment to the Missouri regulatory program (Missouri program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Missouri submitted supporting documentation for the normal husbandry practices proposed in the previous amendment. The practices include applying pesticides and soil amendments; subsoiling; repairing rills and gullies; burning; overseeding; and planting and pruning trees. Missouri intends to revise its program to be consistent with the corresponding Federal regulations.

June 16, 1999 64 FR 32254
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 872, Abandoned mine reclamation funds, and form OSM-74, Certification of Blasters in Federal program States and on Indian lands, has been forwarded to the Office of Management and Budget (OMB) for review and reauthorization. The information collection packages were previously approved and assigned clearance numbers 1029-0054 for 30 CFR Part 872, and 1029-0083 for the OSM-74 form. This notice describes the nature of the information collection activities and the expected burdens and costs.

June 14, 1999 (30 CFR Part 914) 64 FR 31691
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 reference changes in its surface and underground mining rules concerning application requirements for geology descriptions and public participation. Indiana also proposed to add a new provision to its rule pertaining to surface mining application requirements for postmining land use information. Indiana intends to revise its program to be consistent with the corresponding Federal regulations.

June 8, 1999 ( 30 CFR Part 938) 64 FR 30387
Pennsylvania Regulatory Program
ACTION: Final rule; correction
This document corrects and explains an OSM decision on provisions of a proposed amendment to the Pennsylvania regulatory program (hereinafter referred to as the Pennsylvania Program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA), 30 U.S.C. 1201 et seq., as amended. OSM published it decision on the amendment in the March 26, 1999, Federal Register (64 FR 14610). On May 5, 1999, Pennsylvania submitted a letter requesting that OSM reconsider portions of this decision. Specifically, Pennsylvania requested that OSM rescind its disapprovals of Pennsylvania's definition of "no-cost reclamation contract," a portion of the definition of "government-financed construction contract," a portion of Section 4.8(e)(52 P.S. 1396.4h(e)) and all of Section 4.8(g)(52 P.S. 1396.4h(g)), as they pertain to no-cost contracts. Pennsylvania also requested that OSM rescind its requirements that Pennsylvania amend PA SMCRA to delete the specified provisions.

June 1, 1999 (30 CFR Part 943) 64 FR 29249
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 an amendment to the Texas regulatory program (Texas program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Texas proposes to add revegetation success and normal husbandry practice guidelines to its program. Texas intends to revise its program to ensure that adequate data collection methods are used for determining revegetation success for purposes of releasing reclamation performance bonds and to ensure that the husbandry practices used by the permittee during the period of responsibility for revegetation success and bond liability are normal husbandry practices within the region for unmined lands.

This document gives the times and locations that the Texas 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 follow for the public hearing, if one is requested.

June 1, 1999 ( 30 CFR Part 917) 64 FR 29247
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 performance bonds and liability insurance. The amendment is intended to revise the Kentucky program to be consistent with the corresponding Federal regulations.

May 27, 1999 (30 CFR Part 948) 64 FR 28771
West Virginia Permanent Regulatory Program
ACTION: Proposed rule
OSM is announcing receipt of a proposed amendment 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 revises the West Virginia regulations concerning definitions of "area mining operations" and "mountaintop mining operations;" variances from approximate original contour in steep slope areas; and emergency spillway designs. The amendment is intended to improve the operational efficiency of the State program, and to make the regulations consistent with the counterpart Federal regulations.

May 26, 1999 (30 CFR Part 914) 64 FR 28362
Indiana Regulatory Program
ACTION: Final rule; clarification.
The Office of Surface Mining Reclamation and Enforcement (OSM) is clarifying its decision and responses to comments it received on an amendment to the Indiana regulatory program (Indiana program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The amendment concerned revisions to and additions of statutes pertaining to other State and Federal laws and permit revisions. At the request of the Indiana Department of Natural Resources (IDNR), we are providing clarification of our decision findings and responses to comments for two provisions relating to permit revisions that we disapproved in a previous final rule decision document dated March 16, 1999 (64 FR 12890). This clarification supplements our previous findings made in section III. Director's Findings and our responses to comments made in section IV. Summary and Disposition of Comments of that final rule document, but does not affect our decision made in section V. Director's Decision.

May 20, 1999 (30 CFR Part 914) 64 FR 27484
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 rules concerning permitting, collateral bonds, performance bond release, and citizen's request for state inspections. The revisions mostly relate to public participation and administrative requirements. 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.

May 17, 1999 64 FR 26773
Revegetation: Standards for Success
ACTION: Request for public comments and notice of public meetings.
OSM will hold public meetings to solicit comments, concerns, and new ideas regarding the performance standards for determining the success of revegetation. We also invite written comments regarding this issue.

We prepared a concept paper to assist those interested in commenting in writing or preparing for the meetings. The concepts we presented are not an indication of any preconceived direction that new policies or rules would take. Instead, they represent a compilation of ideas and questions that have been raised. You, however, are not limited to these ideas or questions and we encourage you to bring forward new concepts or ideas for consideration.

May 14, 1999 (30 CFR Part 948) 64 FR 26288
West Virginia Regulatory Program
ACTION: Final rule; decision on amendment.
OSM is announcing that it is not approving an amendment to the West Virginia permanent regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The amendment would have revised the West Virginia Surface Coal Mining and Reclamation Act, and concerns fish and wildlife habitat and recreation lands as a postmining land use for mountaintop removal operations with variances from approximate original contour.

May 4, 1999 (30 CFR Parts 701, 724, 773, 774, 778, 842, 843, and 846) 64 FR 23811
Application and Permit Information Requirements; Permit Eligibility; Definitions of Ownership and Control; the Applicant/Violator System; Alternative Enforcement Actions
ACTION: Proposed rule; reopening and extension of comment period.
The Office of Surface Mining Reclamation and Enforcement (OSM) is reopening and extending the comment period for the proposed rule published on December 21, 1998 (63 FR 70580). The comment period originally closed on February 19, 1999, and was then extended to April 15, 1999 (64 FR 15322; March 31, 1999). We are again reopening and extending the comment period for an additional 5 days.

May 4, 1999 64 FR 23857
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 authority for the collection of information under 30 CFR Part 774, Revision; renewal; and transfer, assignment, or sale of permit rights. 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.

May 3, 1999 (30 CFR Part 943) 64 FR 23540
Texas Regulatory Program
ACTION: Final rule; approval of amendment.
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 deletions, revisions, and addition of regulations concerning air pollution control plans; reclamation plans: general requirements; air resources protection; stabilization of surface areas; and coal processing plants: performance standards. Texas intends to bring its regulations into alignment with Federal regulations that were revised in 1983.

May 3, 1999 (30 CFR Part 946) 64 FR 23542
Virginia Regulatory Program
ACTION: Final rule; approval of amendment.
OSM is approving a proposed 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 proposed amendment changes the Virginia Coal Surface Mining Control and Reclamation Act to add "letter of credit" as an acceptable form of collateral bond to satisfy the performance bonding requirements of the Virginia Act. The amendment is intended to revise the State program to be consistent with the Federal regulations.

May 3, 1999 64 FR 23669
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 705, Restriction on financial interests of State employees. 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.

April 26, 1999 ( 30 CFR Chs. II and VII) 64 FR 21342
Semiannual Regulatory Agenda
ACTION: Semiannual regulatory agenda.
This notice provides the semiannual agenda of rules scheduled for review or development between April 1999 and October 1999. The Regulatory Flexibility Act and Executive Order 12866 require publication of the agenda.

April 26, 1999 ( 30 CFR Parts 901, 904, 913, 914, 915, 916, 918, 925, 936, and 943) 64 FR 20164
Alabama, Arkansas, Illinois, Indiana, Iowa, Kansas, Louisiana, Missouri, Oklahoma, and Texas Abandoned Mine Land Reclamation Plans and Regulatory Programs
ACTION: Final rule; technical amendment.
The Office of Surface Mining Reclamation and Enforcement (OSM) is making technical amendments to 30 CFR Chapter VII, Subchapter T. We are updating or adding addresses for the locations of the publicly available copies of State Abandoned Mine Land Reclamation (AMLR) plans and regulatory programs; revising or correcting the codification of sections approving State AMLR plans and regulatory programs; and making other minor codification changes. These changes will ensure awareness of the current locations where the public may inspect State AMLR plans and regulatory programs. They will also provide consistency throughout the sections codified at Subchapter T.

April 23, 1999 64 FR 20021
Privacy Act of 1974, as Amended; Systems of Records
ACTION: Notice of deletion of two systems of records.
Pursuant to the provisions of the Privacy Act of 1974, as amended (5 U.S.C. 552a), notice is hereby given that the Department of the Interior is deleting two systems of records managed by the Office of Surface Mining (OSM). The system of records entitled "Travel Advance File-Interior/OSMRE-2" and the system of records entitled "Travel Vouchers and Authorizations-Interior/OSMRE-3" both have been re-examined and determined that the records contained in these two systems are covered by and maintained in "Advanced Budget/Accounting Control and Information System (ABACIS)-Interior/MMS-8," published in the Federal Register on February 18, 1999 (64 FR 8116).

April 20, 1999 (30 CFR Part 948) 64 FR 19327
West Virginia Permanent Regulatory Program
ACTION: Proposed rule.
OSM is announcing receipt of a proposed amendment 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 revises the West Virginia Code to create the Office of Explosives and Blasting, and adds and amends sections of the West Virginia Code concerning blasting. The amendment is intended to improve the operational efficiency of the State program.

April 16, 1999 64 FR 18934
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 780, Surface Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plans; and 30 CFR Part 887, Subsidence Insurance Program Grants.

April 16, 1999 ( 30 CFR Part 935) 64 FR 18857
Ohio Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.
OSM is announcing receipt of a proposed amendment to the Ohio regulatory program (Ohio program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Ohio is proposing revisions to section 1501:13-1-04 of the Ohio Administrative Code (OAC) as it relates to exemptions for coal extraction incidental to government-financed highway or other construction. The amendment is intended to revise the Ohio program to include counterparts to the recently promulgated "AML Enhancement Rule," which revised the Federal regulations at 30 CFR 707.5 and added a new provision, at 30 CFR 874.17.

April 15, 1999 (30 CFR Parts 700, 740, 746 and 750) 64 FR 18585
Indian and Federal Lands
ACTION: Proposed rule; public hearing and extension of public comment period.
The Office of Surface Mining Reclamation and Enforcement (OSM) has received several requests to hold a public hearing and a request for an extension of the public comment period. By this document, OSM is announcing the scheduling of a public hearing and the extension of the comment period for the proposed rule published on February 19, 1999 (64 FR 8464), clarifying the definition of "Indian lands" and making conforming amendments to the Federal lands program and Indian lands program. The comment period was originally scheduled to close on April 20, 1999, and is now being extended for 60 days. Interested persons are invited to participate in the proceeding and to submit relevant factual information on the matter.

April 15, 1999 (30 CFR Part 934) 64 FR 18586
North Dakota Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.
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). The proposed amendment consists of revisions to a North Dakota statute pertaining to who may preside over formal hearings and informal conferences. The amendment is intended to revise a North Dakota statute to be consistent with its counterpart regulation.

April 15, 1999 64 FR 18634
Proposed Ridgewater Water Distribution System Project in Wyoming
CTION: Notice of application for grant funding; public comment period on request to fund the Ridgewater project.
OSM is announcing its receipt of a grant application from the Wyoming Department of Environmental Quality, Abandoned Mine Land Division (AMLD). Wyoming's application requests $ 76,265 from the Abandoned Mine Reclamation Fund to pay approximately 29 percent of the cost of rebuilding the Ridgewater Improvement District water distribution system in Converse 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 mining activities. This notice describes when and where the Wyoming abandoned mine land (AML) program and the grant application for funding the Ridgewater 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.

April 13, 1999 (30 CFR Part 935) 64 FR 17980
Ohio Regulatory Program
ACTION: Final rule; approval of amendment.
OSM is approving a proposed amendment to the Ohio regulatory program (Ohio program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Ohio is proposing revisions to section 1513-3-21 of the Ohio Administrative Code (OAC) as it relates to awards of costs and expenses, including attorney's fees, arising in connection with appeals heard by the Reclamation Commission. The amendment is intended to revise the Ohio program to be consistent with its statute at Ohio Revised Code (ORC) Section 1513.13(E) as well as the corresponding Federal regulations.

April 13, 1999 (30 CFR Part 920) 64 FR 17978
Maryland Regulatory Program
ACTION: Final rule; approval of amendment
OSM is approving a proposed amendment to the Maryland regulatory program (hereinafter referred to as the "Maryland program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Maryland proposed revisions to its regulations regarding the right to administrative review of final decisions and award of costs decisions. The amendment is intended to revise the Maryland program to be consistent with the corresponding Federal regulations and SMCRA.

April 9, 1999 64 FR 17412
Privacy Act of 1974; As Amended; Revisions to the Existing System of Records
ACTION: Proposed revisions to an existing system of records.
In accordance with the Privacy Act of 1974, as amended (5 U.S.C. 552a), the Office of Surface Mining (OSM) is issuing public notice of its intent to modify an existing Privacy Act system of records notice, OSM-8, "Employment and Financial Interests Statements-States and Other Federal Agencies." The revisions will update the System Name, System Location address, System Manager(s); accurately define the Categories of Individuals Covered by the System, Categories of Records in the System, Authority for Maintenance of the System, Safeguards, Retention and Disposal; and clarify the Notification Procedure, Record Access Procedures and Contesting Record Procedures.

April 9, 1999 64 FR 17413
Privacy Act of 1974; As Amended; Revisions to the Existing System of Records
ACTION: Proposed revisions to an existing system of records.
In accordance with the Privacy Act of 1974, as amended (5 U.S.C. 552a), the Office of Surface Mining (OSM) is issuing public notice of its intent to modify an existing Privacy Act system of records notice, OSM-12, "Application for Blaster Certification in Federal Program States and on Indian Lands-Computer Tracking System." The revisions will update the System Name, System Location addresses, System Manager(s), further define the Authority for Maintenance of the System, and clarify the Notification Procedure and Record Access Procedures.

April 7, 1999 64 FR 16997
Privacy Act of 1974, as Amended; Systems of Records
ACTION: Notice of deletion of two systems of records.
Pursuant to the provisions of the Privacy Act of 1974, as amended (5 U.S.C. 552a), notice is hereby given that the Department of the Interior is deleting two systems of records managed by the Office of Surface Mining (OSM). One system of records, entitled "Property Control-Interior/OSMRE-4" has been re-examined and determined that the records contained in this system of records are covered by and maintained in "Personal Property Accountability Records-Interior/MMS-2," published in the Federal Register on February 18, 1999. The other system of records, entitled "Safety Files-Interior/OSM-6" has been re-examined and determined that the records contained in this system of records are covered by and maintained in "Safety Management Information System-Interior/DOI-60," published in the Federal Register on January 6, 1997 (62 FR 767) and "Employee Medical File System-OPM/GOVT-10," published in the Federal Register on July 15, 1996 (6 1 FR 36919).

April 7, 1999 64 FR 16997
Privacy Act of 1974, as Amended; Systems of Records
ACTION: Notice of deletion.
Pursuant to the provisions of the Privacy Act of 1974, as amended (5 U.S.C. 552a), notice is hereby given that the Department of the Interior is deleting one system of records managed by the Office of Surface Mining. The system of records entitled "Personnel Security Files-Interior/OSMRE-7," is deleted because the system is covered by and maintained in two other systems of records notices.

April 7, 1999 64 FR 16997
Privacy Act of 1974, Amended; Systems of Records
ACTION: Notice of deletion of two systems of records.
Pursuant to the provisions of the Privacy Act of 1974, as amended (5 U.S.C. 552a), notice is hereby given that the Department of the Interior is deleting two systems of records managed by the Office of Surface Mining (OSM). The system of records entitled "Net Worth Determination File-Interior/OSMRE-10" and the system of records entitled "Collection Management Information System (CMIS)-Interior/OSMRE-11" both have been re-examined and determined not to be subject to the Privacy Act.

March 31, 1999 (30 CFR Parts 701, 724, 773, 774, 778, 842, 843, and 846} 64 FR 15322
Application and Permit Information Requirements; Permit Eligibility; Definitions of Ownership and Control; the Applicant/Violator System; Alternative Enforcement Actions
ACTION: Proposed rule; reopening and extension of comment period.
The Office of Surface Mining Reclamation and Enforcement (OSM) is reopening and extending the comment period for the proposed rule published on December 21, 1998 (63 FR 70580). The comment period originally closed on February 19, 1999, and was extended to March 25, 1999 (64 FR 8763; February 23, 1999). We are again reopening and extending the comment period for an additional 15 days.

March 26, 1999 (30 CFR Part 938) 64 FR 14610
Pennsylvania Abandoned Mine Land Reclamation Program; Pennsylvania Regulatory Program
ACTION: Final rule; approval of amendment.
OSM is approving, with certain exceptions, a proposed amendment to the Pennsylvania Abandoned Mine Land Reclamation (AMLR) Plan (hereinafter referred to as the AMLR Plan) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA), 30 U.S.C. 1201 et seq., as amended. The proposed amendment adds a new section "F" entitled Government Financed Construction Contracts (GFCC) to authorize the incidental removal of coal and coal refuse at Abandoned Mine Land (AML) sites that would not otherwise be mined and reclaimed under the Title V program, along with relevant statutory provisions authorizing the AMLR Plan amendments. The proposed amendment also includes the Program Requirements and Monitoring Requirements related to the use of GFCC for that purpose. The proposed amendment is intended to improve the efficiency of the Pennsylvania program by allowing the government-financed construction exemption in Section 528 of SMCRA to be applied in cases involving less than 50% financing only in the limited situation where the construction constitutes a government approved and administered abandoned mine land reclamation project under Title IV of SMCRA. The amendment is also intended to authorize the use of excess spoil from a valid, permitted coal mining operation for the reclamation of an abandoned unreclaimed area outside of the permit area.

March 25, 1999 ( 30 CFR Part 914) 64 FR 14412
Indiana Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.
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 reference changes in its rules for surface mining permit applications, geology description; underground mining permit applications, geology description; and permit applications, public participation. Indiana also proposes to add a new provision to its rule for surface mining permit applications, postmining land uses. 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 will be followed for the public hearing, if one is requested.,/menu>

March 17, 1999 64 FR 13236
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 the expected burden and cost for 30 CFR Parts 750 and 877.

March 16, 1999 (30 CFR Part 934) 64 FR 12896
North Dakota Regulatory Program
ACTION: Final rule; approval of amendment.
The Office of Surface Mining Reclamation and Enforcement (OSM) is approving a proposed amendment to the North Dakota regulatory program (hereinafter, the "North Dakota program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). North Dakota proposed revisions to rules pertaining to a proposal to eliminate the requirement for companies to submit a copy of the Federal Coal Production and Reclamation Fee Report, changes to revegetation success standards, and a new rule on inspection frequency for inactive mines. The amendment revised the State program to improve operational efficiency.

March 16, 1999 64 FR 13035
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 to continue the collections of information under 30 CFR Parts 740 and 745 which relate to surface coal mining and reclamation operations on Federal lands and State-Federal cooperative agreements, respectively, These information collection activities were previously approved by the Office of Management and Budget (OMB), and assigned them clearance number 1029-0027 and -0092.

March 16, 1999 (30 CFR Part 914) 64 FR 12890
Indiana Regulatory Program
ACTION: Final rule; approval of amendment.
OSM is approving, with certain exceptions, an amendment to the Indiana regulatory program (hereinafter referred to as the "Indiana program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Indiana proposed revisions to and additions of statutes pertaining to other State and Federal laws and permit revisions. Indiana intends to revise its program to incorporate the additional flexibility afforded by SMCRA and to provide the guidelines for permit revisions, including incidental boundary revisions.

March 12, 1999 (30 CFR part 938) 64 FR 12269
Pennsylvania Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.
OSM is announcing the receipt of a proposed amendment to the Pennsylvania Regulatory Program (hereinafter referred to as the Pennsylvania Program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA), as amended. Pennsylvania has submitted this proposed amendment to reflect changes made to the Pennsylvania Surface Mining Conservation and Reclamation Act (PASMCRA) by Acts 173 and 43. The proposed amendment also contains regulations added, amended or deleted in responses to these changes. This proposal modifies some requirements and adds other requirements dealing with remining and reclamation, postmining discharges, and water supply protection/replacement.

February 23, 1999 (30 CFR Parts 701, 724, 773, 774, 778, 842, 843, and 846) 64 FR 8763
Application and Permit Information Requirements; Permit Eligibility; Definitions of Ownership and Control; the Applicant/Violator System; Alternative Enforcement Actions
ACTION: Proposed rule; reopening and extension of comment period.
The Office of Surface Mining Reclamation and Enforcement (OSM) is reopening and extending the comment period for the proposed rule published on December 21, 1998 (63 FR 70580). The comment period closed on February 19, 1999, and is being reopened and extended for 30 days.

February 22, 1999 (30 CFR Part 902) 64 FR 8510
Alaska Regulatory Program
ACTION: Final rule; approval of amendment.
The Office of Surface Mining Reclamation and Enforcement (OSM) is approving a proposed amendment to the Alaska regulatory program (hereinafter, the "Alaska program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Alaska proposed revisions to its regulations pertaining to general permitting requirements, general permit application information requirements, environmental resource information requirements, reclamation and operation plan requirements, permitting for special categories of mining, coal exploration, self-bonding requirements, performance standards, and general provisions, and included numerous editorial and recodification changes. The amendment was intended to revise the Alaska program to provide additional safeguarded, to clarify ambiguities, and to improve operational efficiency.

February 22, 1999 (30 CFR Part 944) 64 FR 8514
Utah Abandoned Mine Land Reclamation Plan
ACTION: Final rule; approval of amendment.
The Office of Surface Mining Reclamation and Enforcement (OSM) is approving a proposed amendment to the Utah abandoned mine land reclamation (AMLR) plan (hereinafter referred to as the "Utah plan") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Utah proposed revisions to, and the addition of rules pertaining to, the definitions of certain terms, general reclamation requirements for coal lands and water, eligible lands and water prior to certification, certification of completion of coal sites, eligible lands and water subsequent to certification, the exclusion of certain noncoal reclamation sites, the extension of land acquisition authority and lien requirements to noncoal sites, limited liability, contractor responsibility, and reports. Utah also proposed deletion of the rules concerning the State reclamation grant period, grant application procedures, grant agreements, and grant and budget revisions. The amendment revised the Utah plan to meet the requirements of the revised corresponding Federal regulations and to be consistent with SMCRA, as amended, to incorporate the additional flexibility afforded by the revised Federal regulations and SMCRA, and to improve operational efficiency.

February 22, 1999 64 FR 8628
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 872, Abandoned mine reclamation funds; and 30 CFR Part 955 and the Form OSM-74, Certification of Blasters in Federal program States and on Indian lands.

February 19, 1999 ( 30 CFR Parts 700, 740, 746 and 750) 64 FR 8464
Indian and Federal Lands
ACTION: Proposed rule.
The Office of Surface Mining Reclamation and Enforcement (OSM) is proposing to amend its regulations by clarifying the definition of "Indian lands" at 30 CFR 700.5 for purposes of the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act) and the implementing regulations at 30 CFR Chapter VII. The proposed clarification is required pursuant to a settlement agreement between the Department of the Interior and the Navajo Nation and Hopi Indian Tribe to settle the tribes' challenges to a 1989 rulemaking governing coal leases and surface coal mining and reclamation operations on Indian lands. OSM is also proposing various changes to the Federal lands program at 30 CFR Parts 740 and 746, and the Indian lands program at 30 CFR Part 750, in conjunction with the proposed clarification to the definition of Indian lands.

February 12, 1999 (30 CFR Part 943) 64 FR 7145
Texas Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.
OSM is announcing receipt of an amendment to the Texas regulatory program (Texas program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Texas proposes revisions to regulations concerning air pollution control plans; reclamation plans: general requirements; air resources protection; stabilization of surface areas; and coal processing plants: performance standards. 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 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 will be followed for the public hearing, if one is requested.

February 12, 1999 (30 CFR Parts 707 and 874) 64 FR 7470
Abandoned Mine Land (AML) Reclamation Program; Enhancing AML Reclamation
ACTION: Final rule.
The Office of Surface Mining Reclamation and Enforcement (OSM) is amending its rules concerning the financing of Abandoned Mine Land reclamation (AML) projects that involve the incidental extraction of coal. Projections of receipts to the AML fund through the year 2004, when the authority to collect fees will expire, strongly indicate that there will be insufficient money to address all problems currently listed in the Abandoned Mine Land Inventory System. Given these limited AML reclamation resources, OSM is establishing an innovative way for AML agencies, working with contractors, to maximize available funds to increase AML reclamation.

The first revision amends the definition of "government-financed construction" to allow less than 50 percent government funding when the construction is an approved AML project under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or "the Act"). The second revision adds a new section which requires specific consultations and concurrences with the Title V regulatory authority for AML construction projects receiving less than 50 percent government financing. These consultations and concurrences are intended to ensure the appropriateness of the project being undertaken as a Title IV AML project and not under the Title V regulatory program.

February 9, 1999 (30 CFR Part 948) 64 FR 6201
West Virginia Regulatory Program
ACTION: Final rule; approval of amendment.
OSM is approving with certain exceptions an amendment to the West Virginia permanent regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The amendment revises both the West Virginia Surface Mining Reclamation Regulations and the West Virginia Surface Coal Mining and Reclamation Act. The amendment mainly consists of changes to implement the standards of the Federal Energy Policy Act of 1992. The amendment is intended to revise the State program to be consistent with the counterpart Federal provisions.

February 9, 1999 (30 CFR Part 913) 64 FR 6191
Illinois Regulatory Program
ACTION: Final rule; approval of amendment.
OSM is approving amendments to the Illinois regulatory program (Illinois program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The [*6192] Illinois Department of Natural Resources (Department) sent us revisions to the Illinois statutes pertaining to definitions and areas unsuitable for surface coal mining operations. The Department also proposed revisions to and additions of regulations concerning a definition for "previously mined area," areas unsuitable for surface coal mining operations, permitting, violation information, impoundments, explosives, revegetation, prime farmland, bonding, administrative and judicial review, and blasters certification. The amendments are intended to revise the Illinois program to be consistent with the corresponding Federal regulations and SMCRA, to clarify existing regulations, and to improve operational efficiency

February 8, 1999 (30 CFR Part 914) 64 FR 6150
Surface Coal Mining and Reclamation Operations on Federal Lands; State-Federal Cooperative Agreements; Indiana
ACTION: Proposed rule
The Office of Surface Mining Reclamation and Enforcement (OSM) is proposing to adopt a cooperative agreement between the Department of the Interior and the State of Indiana. This agreement will allow Indiana, under the permanent regulatory program, to regulate surface coal mining and reclamation operations on Federal lands in Indiana. The Surface Mining Control and Reclamation Act of 1977 (SMCRA) provides for this type of agreement. This notice of proposed rulemaking gives you information on the terms of the proposed cooperative agreement.

February 8, 1999 (30 CFR Part 935) 64 FR 6005
Ohio Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.
OSM is announcing receipt of a proposed amendment to the Ohio regulatory program (Ohio program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Ohio is proposing revisions to section 1513-3-21 of the Ohio Administrative Code (OAC) as it relates to awards of costs and expenses, including attorney's fees, arising in connection with appeals heard by the Reclamation Commission. The amendment is intended to revise the Ohio program to be consistent with its statute at Ohio Revised Code (ORC) @ 1513.13(E) as well as the corresponding Federal regulations.

' February 5, 1999 64 FR 5830
Intent To Prepare an Environmental Impact Statement To Consider Policies, Guidance, and Processes To Minimize the Environmental Impacts of Mountaintop Mining and Valley Fills in the Appalachian Coalfields
ACTION: Notice of intent to prepare an environmental impact statement.
The EPA, Corps, OSM, and FWS, in accordance with Section 102(2)(c) of the National Environmental Policy Act (NEPA), with the State of West Virginia, will prepare an Environmental Impact Statement (EIS) on a proposal to consider developing agency policies, guidance, and coordinated agency decision-making processes to minimize, to the maximum extent practicable, the adverse environmental effects to waters of the United States and to fish and wildlife resources from mountaintop mining operations, and to environmental resources that could be affected by the size and location of fill material in valley fill sites.

January 29, 1999 64 FR 4701
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 30 CFR 705, Restriction on financial interests of State employees.

January 29, 1999 64 FR 4701
Draft Petition Evaluation Document/Environmental Impact Statement; Tennessee
ACTION: Reopening of the pubic comment period for the draft petition evaluation document/environmental impact statement (PED/EIS) for Fall Creek Falls State Park, Tennessee.
The Office of Surface Mining Reclamation and Enforcement (OSM) is reopening the public comment period for the draft PED/EIS on the Fall Creek Falls State Park Unsuitability Petition. Substantial public comments received during the previous comment periods expressed serious concerns regarding potential environmental and economics impacts to Fall Creek Falls State Park and Natural Area resulting from surface coal mining operations if conducted within the petition area. Consequently, OSM has decided to reopen the comment period to provide the public an additional opportunity to submit information to OSM for consideration in the evaluation of the Fall Creek Falls State Park Unsuitability Petition.

January 29, 1999 (30 CFR Part 917) 64 FR 4604
Kentucky Regulatory Program
ACTION: Proposed rule; withdrawal.
OSM is withdrawing the notice of a proposed amendment to the Kentucky regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA) that was published on Wednesday, January 6, 1999 (64 FR 816, FR Doc. 99-190). The proposed notice was inadvertently published by OSM and incorrectly announces amendments to the Kentucky program that the State has not made. The notice relates to silviculture or managed woodland, and fish and wildlife, postmining land uses on mountaintop removal mining operations.

January 25, 1999 (30 CFR Part 917) 64 FR 3670
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 amendm