[Federal Register Volume 59, Number 145 (Friday, July 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18529]


[[Page Unknown]]

[Federal Register: July 29, 1994]


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DEPARTMENT OF THE INTERIOR
30 CFR Part 944

 

Utah Regulatory Program and Abandoned Mine Plan

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

ACTION: Proposed rule; reopening and extension of public comment period 
on proposed amendment.

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SUMMARY: OSM is announcing receipt of additional explanatory 
information pertaining to a previously proposed amendment to the Utah 
regulatory program and abandoned mine plan (hereinafter, the ``Utah 
program'' and ``Utah plan'') under the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA). The additional explanatory information 
for Utah's proposed revisions to the Utah Coal Mining and Reclamation 
Act pertain to appeals of district court decisions, contests of 
violation or amount of a civil penalty, civil penalties for failure to 
correct a violation, and waivers of liens and fees for reclaimed 
abandoned mine land. The amendment is intended to incorporate the 
additional flexibility afforded by SMCRA, as amended, clarify 
ambiguities, and improve operational efficiency.

DATES: Written comments must be received by 4:00 p.m., m.d.t., August 
15, 1994.

ADDRESSES: Written comments should be mailed or hand delivered to 
Thomas E. Ehmett at the address listed below.
    Copies of the Utah program, the proposed amendment, and all written 
comments received in response to this document will be available for 
public review at the addresses listed below during normal business 
hours, Monday through Friday, excluding holidays. Each requester may 
receive one free copy of the proposed amendment by contacting OSM's 
Albuquerque Field Office.

Thomas E. Ehmett, Acting Director, Albuquerque Field Office, Office of 
Surface Mining Reclamation and Enforcement, 505 Marquette Avenue, NW., 
Suite 1200, Albuquerque, New Mexico 87102
Utah Coal Regulatory Program, Division of Oil, Gas and Mining, 355 West 
North Temple, 3 Triad Center, Suite 350, Salt Lake City, Utah 84180-
1203, Telephone: (801) 538-5340

FOR FURTHER INFORMATION CONTACT: Thomas E. Ehmett, Telephone: (505) 
766-1486.

SUPPLEMENTARY INFORMATION:

I. Background on the Utah Program

    On January 21, 1981, the Secretary of the Interior conditionally 
approved the Utah program. General background information on the Utah 
program, including the Secretary's findings, the disposition of 
comments, and the conditions of approval of the Utah program can be 
found in the January 21, 1981, Federal Register (46 FR 5899). 
Subsequent actions concerning Utah's program and program amendments can 
be found at 30 CFR 944.15, 944.16, and 944.30.

II. Proposed Amendment

    By letter dated March 7, 1994, Utah submitted a proposed amendment 
to its program pursuant to SMCRA (administrative record No. UT-900). 
Utah submitted the proposed amendment at its own initiative. The 
provisions of the Utah Coal Mining and Reclamation Act, which are a 
part of the Utah program, that Utah proposed to revise were Utah Code 
Annotated (UCA) 40-10-14, appeals to district court of decisions by the 
Board of Oil, Gas and Mining (Board), and UCA 40-10-20, civil penalties 
for violations of permit conditions, informal conferences before the 
Division of Oil, Gas and Mining (Division), public hearings before the 
Board, contests of violation or amount of penalty, collections, 
criminal penalties, and civil penalties for failure to correct a 
violation. The provision of the Utah Coal Mining and Reclamation Act, 
which is a part of the Utah plan, that Utah proposed to revise was UCA 
40-10-28.1, certification of completion of coal reclamation.
    OSM announced receipt of the proposed amendment in the March 29, 
1994, Federal Register (59 FR 14591), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on its adequacy (administrative record No. UT-911). 
Because no one requested a public hearing or meeting, none was held. 
The public comment period ended on April 28, 1994.
    During its review of the amendment, OSM identified concerns 
relating to the provisions of the Utah Coal Mining and Reclamation Act 
at UCA 40-10-14 (3) and (6), appeal of district court decisions; UCA 
40-10-20(3), contest of violation or amount of civil penalty; UCA 40-
10-20(8), civil penalty for failure to correct violation; and UCA 40-
10-28 (1)(a)(ii) and (2)(a), waivers of liens and fees for reclaimed 
abandoned mine land. OSM notified Utah of the concerns by letter dated 
June 10, 1994 (administrative record No. UT-935). Utah responded in a 
letter dated July 5, 1994, by submitting additional explanatory 
information (administrative record No. UT-949).
    Utah proposes additional explanatory information for UCA 40-10-14 
(3) and (6), procedural guidance for formal hearings and appeals of 
decisions by the Board and district court decisions; UCA 40-10-20(3), 
waiver of rights to contest the violation or amount of a civil penalty 
if the operator fails to forward the amount of the penalty within the 
time allowed; UCA 40-10-20(8), review proceedings of a civil penalty 
assessed for failure to correct a violation; and UCA 40-10-28 
(1)(a)(ii) and (2)(a), waiver of liens when certain criteria are met 
and the sale price of reclaimed abandoned mine land.
    Specifically, Utah proposes additional explanatory information to 
(1) clarify that the formal hearing contemplated under section UCA 40-
10-14 (3) and (6) is governed by section 63-46(b)-1 et seq. of the Utah 
Administrative procedures Act (UAPA) and Utah Administrative Rule (Utah 
Admin. R.) 641-100 et seq. of the Rules of Practice and Procedure of 
the Board; (2) assure that, in the case of a decision by the Board, the 
record established by the Board in the hearing transcript becomes the 
trial record which is reviewed by the Utah Supreme Court, and where the 
Board fails to act, the district court becomes the court of record and 
appeals are thereafter to the Utah Supreme Court; (3) confirm that the 
provision requiring a waiver of all legal rights to contest a violation 
or the amount of the civil penalty when the operator fails to forward 
the amount of the penalty within 30 days of reassessment of 
finalization of the penalty is a part of another amendment currently 
being reviewed by OSM; (4) provide that UCA 40-10-22 is the State's 
counterpart to references contained in section 518(h) of SMCRA and that 
Utah will either designate it as such by clarifying policy or 
incorporate the actual reference into the Utah Code during the 1995 
legislative session; and (5) confirm that the proposed amendment does 
not properly describe certain details of the lien placement process, 
namely the value determination of the lien and a date requirement for 
prior ownership, but that the subject requirements are provided in 
another amendment currently being considered by OSM.

III. Public Comment Procedures

    OSM is reopening the comment period on the proposed Utah program 
amendment to provide the public an opportunity to reconsider the 
adequacy of the proposed amendment in light of the additional materials 
submitted. In accordance with the provisions of 30 CFR 732.17(h), OSM 
is seeking comments on whether the proposed amendment satisfies the 
applicable program approval criteria of 30 CFR 732.15. If the amendment 
is deemed adequate, it will become part of the Utah program.
    Written comments should be specific, pertain only to the issues 
proposed in this rulemaking, and include explanations in support of the 
commenter's recommendations. Comments received after the time indicated 
under DATES or at locations other than the Albuquerque Field Office 
will not necessarily be considered in the final rulemaking or included 
in the administrative record.

IV. 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 12778

    The Department of the Interior has conducted the reviews required 
by section 2 of Executive Order 12778 (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 12550) 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.

List of Subjects in 30 CFR Part 944

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: July 25, 1994.
Russell F. Price,
Acting Assistant Director, Western Support Center.
[FR Doc. 94-18529 Filed 7-28-94; 8:45 am]
BILLING CODE 4310-05-M