Permanent program and abandoned mine land reclamation plan submissions: North Dakota,

[Federal Register: July 20, 1999 (Volume 64, Number 138)]

[Rules and Regulations]

[Page 38826-38828]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr20jy99-10]

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 934

[SPATS No. ND-039-FOR, Amendment No. XXVIII]

North Dakota Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Final rule; approval of amendment.

SUMMARY: 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.

DATES: Effective date: July 20, 1999.

FOR FURTHER INFORMATION CONTACT: Guy Padgett, Telephone: 207/261-6550, Internet address: GPadgett@OSMRE.GOV.

SUPPLEMENTARY INFORMATION:

1. Background on the North Dakota Program

   On December 15, 1980, the Secretary of the Interior conditionally approved the North Dakota program. General background information on the North Dakota program, including the Secretary's findings, the disposition of comments, and the conditions of approval of the North Dakota program can be found in the December 15, 1980, Federal Register (45 FR 82214). Subsequent actions concerning North Dakota's program and program amendments can be found at 30 CFR 934.15 and 934.16.

2. Proposed Amendment

   By letter dated March 31, 1999, North Dakota submitted a proposed amendment to its program (Amendment number XXVIII, administrative record No. ND-CC-01) pursuant to SMCRA (30 U.S.C. 1201 et seq.). North Dakota submitted the proposed amendment at its own initiative. The provision of the North Dakota Century Code (NDCC) that North Dakota proposes to revise is: NDCC 38-14.1-30.3.f, concerning formal hearings on surface coal mining and reclamation permit applications.

   We announced receipt of the proposed amendment in the April 15, 1999, Federal Register (64 FR 18586), provided an opportunity for a public hearing or meeting on its substantive adequacy, and invited public comment on its adequacy (administrative record No. ND-CC-08). Because no one requested a public hearing or meeting, none was held.

3. Director's Findings

   As discussed below, the Director, in accordance with SMCRA and 30 CFR 732.15 and 732.17, finds that the proposed program amendment submitted by North Dakota on March 31, 1999, is no less stringent than SMCRA. Accordingly, the Director approves the proposed amendment.

   Substantive Revisions to North Dakota's Statute That Are Substantively Identical to the Corresponding Provisions of SMCRA

   North Dakota proposes revisions to the following statute that are substantive in nature and contain language that is substantively identical to the requirements of the corresponding Federal provisions in SMCRA (listed in parentheses).

   NDCC 38-14.1-30.3.f (SMCRA 514(c)), formal hearings on surface coal mining and reclamation permit applications.

   Because this proposed North Dakota statute is substantively identical to the corresponding pertinent provisions of Subsection 514(c) of SMCRA which deals with who may preside at administrative hearings or appeals thereof, the Director finds that it is no less stringent than SMCRA and therefore she approves it.

4. Summary and Disposition of Comments

   Following are summaries of all substantive written comments on the proposed amendment that we received, and our responses to them.

   1. Public Comments

      We invited public comments on the proposed amendment, but none was received.

   2. Federal Agency Comments

      Pursuant to 30 CFR 732.17(h)(11)(i), OSM solicited comments on the proposed amendment from various Federal agencies with an actual or potential interest in the North Dakota program (administrative record No. ND-CC-03).

      The Natural Resources Conservation Service of the U.S. Department of Agriculture responded on April 15,

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      1999, that it concurred with the changes (administrative record No. ND- CC-04).

      The Bureau of Indian Affairs of the U.S. Department of the Interior responded on April 24, 1999 that it did not have any objections or comments that would adversely affect the final review and approval (administrative record No. ND-CC-05).

      The Bureau of Reclamation of the U.S. Department of the Interior responded on April 28, 1999, that it had no comments on the proposed amendment (administrative record No. ND-CC-06).

      The U.S. Army Corps of Engineers responded on April 29, 1999, that its review of the proposed project found it to be satisfactory (administrative record No. ND-CC-07).

      The U.S. Fish and Wildlife Service responded on May 11, 1999, that it did not anticipate any significant impacts to fish and wildlife resources. . . . (administrative record No. ND-CC-09).

   3. Environmental Protection Agency (EPA) Concurrence and Comments

      Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to solicit the written concurrence of EPA with respect to those provisions of the proposed amendment that relate to air or water quality standards promulgated under the authority of the Clean Water Act (33 U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.)

      None of the revisions that North Dakota proposed to make in its amendment pertain to air or water quality standards. Nevertheless, OSM requested EPA's concurrence with the proposed amendment on April 9, 1999 (administrative record No. ND-CC-03). EPA did not respond to OSM's request.

   4. State Historic Preservation Officer (SHPO) and the Advisory Council on Historic Preservation (ACHP)

      Pursuant to 30 CFR 732.17(h)(4), OSM solicited comments on the proposed amendment from the SHPO and ACHP (administrative record No. ND-CC-03). Neither SHPO nor ACHP responded to OSM's request.

5. Director's Decision

   Based on the above finding, we approve North Dakota's proposed amendment as submitted on March 31, 1999.

   The Federal regulations at 30 CFR Part 934, codifying decisions concerning the North Dakota program, are being amended to implement this decision. This final rule is being made effective immediately to expedite the State program amendment process and to encourage States to bring their programs into conformity with the Federal standards without undue delay. Consistency of State and Federal standards is required by SMCRA.

6. Procedural Determinations

   1. Executive Order 12866

      This rule is exempted from review by the Office of Management and Budget (OMB) under Executive Order 12866 (Regulatory Planning and Review).

   2. Executive Order 12988

      The Department of the Interior has conducted the reviews required by section 3 of Executive Order 12988 (Civil Justice Reform) and has determined that this rule meets the applicable standards of subsections (a) and (b) of that section. However, these standards are not applicable to the actual language of State regulatory programs and program amendments since each such program is drafted and promulgated by a specific State, not by OSM. Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and the Federal regulations at 30 CFR 730.11, 732.15, and 732.17(h)(10), decisions on proposed State regulatory programs and program amendments submitted by the States must be based solely on a determination of whether the submittal is consistent with SMCRA and its implementing Federal regulations and whether the other requirements of 30 CFR Parts 730, 731, and 732 have been met.

   3. National Environmental Policy Act

      No environmental impact statement is required for this rule since section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency decisions on proposed State regulatory program provisions do not constitute major Federal actions within the meaning of section 102(2)(C) of the National Environmental Policy Act (42 U.S.C. 4332(2)(C)).

   4. Paperwork Reduction Act

      This rule does not contain information collection requirements that require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 3507 et seq.).

   5. Regulatory Flexibility Act

      The Department of the Interior has determined that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The State submittal that is the subject of this rule is based upon counterpart Federal regulations for which an economic analysis was prepared and certification made that such regulations would not have a significant economic effect upon a substantial number of small entities. Accordingly, this rule will ensure that existing requirements previously promulgated by OSM will be implemented by the State. In making the determination as to whether this rule would have a significant economic impact, the Department relied upon the data and assumptions for the counterpart Federal regulations.

   6. Unfunded Mandates

      This rule will not impose a cost of $100 million or more in any given year on any governmental entity or the private sector.

      List of Subjects in 30 CFR Part 934

      Intergovernmental relations, Surface mining, Underground mining.

      Dated: July 6, 1999. Brent Wahlquist, Regional Director, Western Regional Coordinating Center.

      For the reasons set out in the preamble, Title 30, Chapter VII, Subchapter T of the Code of Federal Regulations is amended as set forth below:

      PART 934--NORTH DAKOTA

   1. The authority citation for part 934 continues to read as follows:

      Authority: 30 U.S.C. 1201 et seq.

   2. Section 934.15 is amended in the table by adding a new entry in chronological order by ``Date of Final Publication'' to read as follows:

      Sec. 934.15 Approval of North Dakota regulatory program amendments.

      * * * * *

      Original amendment

      Date of final submission date

      publication Citation/description

      *

      *

      *

      * *

      *

      * March 31, 1999.............. July 20, 1999....... NDCC 38-14.1-30.3.f.

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      [FR Doc. 99-18439Filed7-19-99; 8:45 am]

      BILLING CODE 4310-05-M