[Federal Register Volume 59, Number 153 (Wednesday, August 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19526]


[[Page Unknown]]

[Federal Register: August 10, 1994]


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Part X





Department of the Interior





_______________________________________________________________________



Office of Surface Mining Reclamation and Enforcement



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30 CFR Part 903




Surface Mining and Reclamation Operations Under a Federal Program for 
Arizona; Proposed Rule
DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 903

RIN 1029-AB 81

 
Surface Mining and Reclamation Operations Under a Federal Program 
for Arizona

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

ACTION: Proposed rule.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
of the Department of the Interior (DOI) proposes a Federal program to 
regulate coal exploration and surface coal mining and reclamation 
operations on non-Federal and non-Indian lands in the State of Arizona. 
This includes surface effects of underground coal mining. This proposed 
program is necessary in order to regulate surface coal mining 
activities that may be taken in Arizona under applicable provisions of 
the Surface Mining Control and Reclamation Act of 1977 (SMCRA), and 
under regulations found in 30 CFR Part 736, in the absence of a State 
program.

DATES: Written comments: OSM will accept written comments on the 
proposed rule until 4:00 p.m. local time on October 11, 1994
    Public hearings: Upon request, OSM will hold a public hearing on 
the proposed rule in Phoenix, Arizona on September 26, 1994 at 9:30 
a.m. local time. OSM will accept requests for public hearings until 
4:00 p.m. local time on September 9, 1994. Individuals wishing to 
attend but not testify at any hearing should contact a person 
identified under FOR FURTHER INFORMATION CONTACT beforehand to verify 
that the hearing will be held.

ADDRESSES: Written comments: Mail or hand-deliver to: Office of Surface 
Mining Reclamation and Enforcement, 505 Marquette Avenue NW, Suite 
1200, Albuquerque, New Mexico, 87102.
    Public hearings: The addresses and times for any hearings which may 
be scheduled will be announced prior to the hearings.
    Requests for public hearings: Submit requests orally or in writing 
to a person and address specified under FOR FURTHER INFORMATION 
CONTACT.

FOR FURTHER INFORMATION CONTACT:
Thomas E. Ehmett, Office of Surface Mining Reclamation and Enforcement, 
505 Marquette Avenue NW, Suite 1200, Albuquerque, New Mexico 87102; 
Telephone (505) 766-1486; or Nancy Broderick, Branch of Federal and 
Indian Programs, Division of Regulatory Programs, Office of Surface 
Mining Reclamation and Enforcement, 1951 Constitution Avenue NW, 
Washington, DC 20240; Telephone (202) 208-2564.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures.
II. Background.
III. Discussion of Proposed Rule.
IV. Procedural Matters.

I. Public Comment Procedures

Availability of Copies

    Copies of the proposed Arizona Federal regulatory program and all 
written comments received in response to this notice will be available 
for public inspection and may be obtained at the OSM office listed 
above under ADDRESSES Monday through Friday, 9:00 am to 4:00 pm local 
time, excluding holidays.

Written Comments

    Written comments on the proposed rules should be specific, pertain 
to issues pertinent to the proposed rules, and explain the reason for 
any recommendation. Where possible, commenters should submit three 
copies of their comments (see ADDRESSES). Comments received after the 
time indicated under DATES or delivered to addresses other than 
Albuquerque, New Mexico will not necessarily be considered or included 
in the Administrative Record for the final rule.

Public Hearing

    OSM will hold public hearings on the proposed rule on request only. 
The time, date, and address scheduled for the hearing in Phoenix, 
Arizona, is specified previously in this notice (see DATES and 
ADDRESSES).
    Any person interested in participating at the hearing should inform 
Mr. Ehmett or Ms. Broderick (see FOR FURTHER INFORMATION CONTACT) 
either orally or in writing by 4:00 p.m. local time September 9, 1994. 
If no one has contacted Mr. Ehmett or Ms. Broderick to express an 
interest in participating in a hearing by that date, the hearing will 
not be held. If only one person expresses an interest, a public meeting 
rather than a hearing may be held and the results included in the 
Administrative Record.
    If a hearing is held, it will be transcribed and will continue 
until all persons in attendance wishing to testify have been heard. To 
assist the transcriber and ensure an accurate record, OSM requests that 
persons who testify at a hearing give the transcriber a copy of their 
testimony. To assist OSM in preparing appropriate questions, OSM also 
requests that persons who plan to testify submit an advance copy of 
their testimony to OSM, at least two working days prior to the hearing. 
The testimony should be submitted to the address previously specified 
for the submission of written comments (see ADDRESSES). Any disabled 
individual who has need for a special accommodation to attend a public 
hearing should contact the individual listed under FOR FURTHER 
INFORMATION CONTACT.

II. Background

    Under Sec. 504(a) of the Surface Mining Control and Reclamation Act 
of 1977 (SMRCA), 30 U.S.C. 1201 et seq., the Secretary of the Interior 
(the Secretary) is required to promulgate a Federal program for a State 
for, among other reasons, the failure of the State to submit a proposed 
State program to the Secretary. Upon promulgation of a Federal 
regulatory program, the Secretary becomes the regulatory authority.
    Once a decision is made that a Federal regulatory program is 
necessary for a State, the Secretary must make several determinations 
before promulgating a program. Section 504(a) of SMCRA requires that 
the Secretary take into consideration the nature of the State's 
terrain, climate, biological, chemical, and other relevant physical 
conditions. This requirement is also set forth in the regulations for 
the promulgation of Federal programs at 30 CFR Part 736. Section 505(b) 
of SMCRA and 30 CFR 736.22(a)(1) also provide that if a State has more 
stringent land use and environmental protection laws or regulations, 
they shall not be construed to be inconsistent with SMCRA or the 
Secretary's regulations. If the State's laws or regulations establish 
more stringent standards than those of SMCRA or the Secretary's 
regulations, or if the State regulates any aspect of the environment 
which neither SMCRA nor the Secretary's regulations protect, the 
Secretary would then specifically preserve those State standards in the 
Federal program. Thus the Secretary believes that the requirements of 
Sec. 505(b) of SMCRA can best be met by identifying any State laws and 
regulations which impose equivalent or more stringent environmental 
controls and by listing them in Sec. 903.700(e) of the Federal program.
    Also, in promulgating a program for a State, Section 504(g) of 
SMCRA specifies that any State statutes or regulations which regulate 
surface mining and reclamation operations subject to SMCRA will be 
superseded and preempted by the Federal program to the extent that they 
interfere with the achievement of the purposes and requirements of 
SMCRA and the Federal program. This provision is reinforced by 
Sec. 505(a) of SMCRA, which states that only those State laws and 
regulations that are inconsistent with SMCRA and its implementing 
regulations shall be superseded by the Federal program. Thus, State 
statutes and rules regulating the same activities as those covered by 
the Federal statute and regulations, but which do not provide as much 
protection as do the Federal statute and regulations are considered to 
interfere with the achievement of the purposes of SMCRA and must be 
identified and preempted.
    Finally, according to Sec. 504(h) of SMCRA, a Federal program must 
include a process for coordinating the review and issuance of surface 
mining permits with other Federal or State permits applicable to the 
proposed operation. The Federal statutes with which compliance must be 
coordinated in the issuance of a surface mining permit are set out at 
30 CFR 736.22(c). State statutes for which a permit is required must be 
identified in the process of promulgating a Federal program, and the 
Federal program must provide for coordination with the permit review 
and issuance procedures required by those statutes.
    Federal programs are based on the Secretary's permanent program 
regulations, 30 CFR Chapter VII, Subchapters A, F, G, H, J, K, L, and 
M, which implement five essential aspects of the surface coal mining 
regulatory program: permitting, performance standards, designation of 
lands as unsuitable for mining, bonding, and inspection and 
enforcement. These regulations establish procedures and performance 
standards under SMCRA and form the benchmark for State and Federal 
regulatory programs.
    The permanent regulations refer to the ``regulatory authority,'' 
which is the Secretary under a Federal program. The Secretary has 
delegated all of his authority under SMCRA to the Assistant Secretary--
Land and Minerals Management. (Secretarial Order No. 3013, Nov. 9, 
1977, and Order No. 3099, Dec. 22, 1983). With limited exceptions, the 
Assistant Secretary has in turn redelegated all of this authority under 
SMCRA to the Director, OSM (216 Departmental Manual 1, November 9, 
1977). Thus, the Director of OSM is the official directly responsible 
for the implementation of a Federal regulatory program.
    The parts of the permanent regulatory program regulations that must 
be included in a Federal program are listed at 30 CFR 736.22(b). They 
include general requirements and definitions (Parts 700 and 701), the 
exemption for coal extraction incident to government-financed highway 
or other construction (Part 707), the designation of lands as 
unsuitable for surface mining (Parts 761, 762, and 769), permits and 
permit applications (Subchapter G), small operator assistance 
(Subchapter H), reclamation bonding (Subchapter J), performance 
standards (Subchapter K), inspection and enforcement (Parts 842, 843, 
and 845), and blaster training and certification (Subchapter M).
    Federal programs are promulgated by means of cross-referencing the 
permanent program rules which set the substantive standards. Cross-
referencing avoids duplication of the full text of the permanent 
regulatory program rules for each Federal program. The proposed Federal 
regulatory program for Arizona would establish 30 CFR Part 903. 
Sections within Part 903 would cross-reference the counterpart 
permanent program rules. For example, for general requirements for 
permits and permit applications, proposed Sec. 903.773 of the Arizona 
Federal regulatory program would cross-reference 30 CFR Part 773 of the 
permanent program rules by stating that 30 CFR Part 773 shall apply to 
any person who makes application for a permit to conduct surface coal 
mining and reclamation operations.
    For each particular permanent program regulation which needs to be 
modified for use in a Federal program, an additional paragraph or 
paragraphs would be added under the appropriate section to modify that 
particular permanent regulatory program standard to make it applicable 
to the Federal program State or to add additional requirements or 
standards.
    One effect of cross-referencing in a Federal program is that if a 
permanent program rule is revised, the corresponding Federal program 
rule would be similarly revised. However, the notice of proposed 
rulemaking would invite comments not only on the proposed rule 
generally, but also on how it might affect a particular Federal 
program. If certain changes were needed for a Federal program, then a 
separate provision would be added to the Federal program regulation 
that is the counterpart to the permanent program rule.
    Several provisions of the permanent program rules are already 
applicable to all Federal programs because they were promulgated for 
application to all regulatory programs and therefore need not be cross-
referenced here. These provisions are 30 CFR Chapter VII, Subchapter 
P--Protection of Employees; Part 706-Restrictions on Financial 
Interests of Federal Employees; Part 769--Petition Process for 
Designation of Federal Lands Unsuitable for Surface Coal Mining; 
Subchapter D--Federal Lands Program; Part 955--Certification of 
Blasters in Federal Program States and on Indian lands.
    On October 6, 1982, OSM published in the Federal Register a 
proposed Federal program to regulate coal exploration and surface coal 
mining and reclamation operations on non-Federal and non-Indian lands 
in Arizona (47 FR 44194). During the public comment period, OSM was 
informed by Arizona officials that all known coal reserves in Arizona 
are located on Indian lands. Based on this information, OSM determined 
at that time that a Federal program for Arizona for non-Federal and 
non-Indian lands was not necessary. Therefore, by notice published in 
the Federal Register on January 4, 1983, OSM withdrew its proposal for 
a Federal program (48 FR 273).
    Subsequently, OSM has determined that a regulatory program in 
Arizona is needed in the event that coal exploration and surface coal 
mining and reclamation operations should occur on non-Federal and non-
Indian lands in Arizona in the future. The State of Arizona has elected 
not to pursue primacy under a State program at this time. Consequently, 
pursuant to Sec. 504(a) of SMCRA, OSM is once again proposing a Federal 
program in Arizona to regulate coal exploration and surface coal mining 
and reclamation operations on non-Federal and non-Indian lands.

III. Discussion of Proposed Rule

    As mentioned above, when promulgating a Federal program for a 
State, the Secretary is required by Section 504(a) of SMCRA to take 
into consideration the nature of the terrain, climate, biological, 
chemical, and other relevant physical conditions of that State. OSM has 
reviewed the Arizona laws and regulations to determine whether they 
suggest that special provisions may be necessary or appropriate based 
on special terrain or other physical conditions in the State.

Review of State Law

    In connection with its 1982 proposal, OSM reviewed Arizona State 
statutes to determine which ones provide regulatory requirements for 
coal exploration and surface coal mining and reclamation operations as 
defined by SMCRA, and to identify provisions that might be either more 
stringent than or inconsistent with the requirements of SMCRA. The more 
stringent requirements, whether State or Federal, would be adopted for 
this program by listing in the proposed rules the Arizona State 
statutes that set different controls and for which compliance is 
required in the surface coal mining and reclamation operation. 
Determining whether the State statutes are more stringent than the 
Federal regulations was done on a case-by-case basis. Citation in the 
proposed Federal program of State statutes with which compliance is 
required is not meant as an adoption of those State statutes and 
regulations for purposes of enforcement by OSM. Citation of such 
statutes is intended as an aid to persons who must comply with both the 
Federal program requirements and State statutes. However, if a State 
law is cited below as interfering with the achievement of the purposes 
of SMCRA, it would be superseded to the extent that it is less 
stringent than the Federal program.
    In accordance with 30 CFR Part 736, OSM has tentatively identified 
the following statutes and regulations which, in certain circumstances, 
impose stricter environmental controls than are provided for under 
SMCRA or the Federal regulations. Section 903.700(e) of the proposed 
Federal program for Arizona lists the Arizona laws which OSM has 
tentatively identified as setting more stringent land use and 
environmental controls for surface mining. The list set forth below is 
based in part on the list published on October 6, 1982 (47 FR 44194), 
and may need to be updated in a final rule adopting an Arizona Federal 
program. Those more stringent Arizona statutes are described and 
summarized as follows:
    (1) The Arizona Commission of Agriculture and Horticulture has 
authority to abate public nuisances including noxious weed seeds. 
Arizona Revised Statutes (A.R.S.) Section 3-231 to Section 3-242. 
Violation of this statute is a misdemeanor.
    (2) It is unlawful to injure any bird or harass any bird upon its 
nest to remove the nests or eggs of any bird without prior 
authorization of the Arizona Game and Fish Commission. A.R.S. Section 
17-236.
    (3) A bridge, dam, dike, or causeway may not be constructed over or 
in a navigable river or other navigable water without the authorization 
of the Governor. A.R.S. Section 18-301.
    (4) The Department of Mineral Resources has jurisdiction over the 
mining of minerals, and oil and gas under Title 27 of the Arizona 
Revised Statutes. One of the functions of that Department is the 
prevention and elimination of hazardous dust conditions. A.R.S. Section 
27-128. Violation of orders of state mine inspectors respecting dust 
prevention and control is a misdemeanor.
    (5) Roads leading into waste dump areas and tailing areas from 
inhabited or public areas are required to be blocked off and warning 
signs posted on the perimeter of such areas. A.R.S. Section 27-317.
    (6) The primary responsibility for the control and abatement of air 
pollution rests with the Arizona Department of Health Services and its 
Hearing Board. The Department is responsible for the establishment and 
enforcement of air pollution emission standards and ambient air quality 
standards as a part of a comprehensive air quality plan for Arizona. 
A.R.S. Title 49.
    (7) The Arizona Department of Water Resources has jurisdiction over 
State water, including ``surface waters.'' ``Surface waters'' means 
``the waters of all sources, flowing in streams, canyons, ravines or 
other natural channels, or in definite underground channels, whether 
perennial or intermittent, flood, waste or surplus water, and of lakes, 
ponds, and springs on the surface.
    For the purposes of administering this title surface water is 
deemed to include Central Arizona Project water.'' A.R.S. Section 45-
101. It is a misdemeanor to knowingly use the water of another, or 
divert water from a stream, waste water or obstruct water flowing into 
a water work. A.R.S. Section 45-112. Possession of water lawfully 
denied to the possessor is prima facie evidence of one's guilt. A.R.S. 
Section 45-112. If water is to be used for mining purposes, the water 
rights may be severed from the land rights and transferred separately. 
The separation and transference of water rights are subject to numerous 
limitations, A.R.S. Section 45-172.
    (8) Dams are defined as ``any artificial barrier, including 
appurtenenant works for the impounding or diversion of water except 
those barriers for the purpose of controlling liquid borne material, 
twenty-five or more in height or the storage capacity of which will be 
more than fifty acre feet, but does not include any such barrier which 
is or will be less than six feet in height, regardless of storage 
capacity, or which has or will have a storage capacity not in excess of 
fifteen acre feet, regardless of height.'' A.R.S. Section 45-701. The 
construction, operation, repair or alteration of any dam without the 
prior approval of the Director of Water Resources is a misdemeanor. 
A.R.S. Section 45-702 to Section 45-716.
    In accordance with 30 CFR Part 736, OSM has tentatively identified 
the following statutes and regulations as which, in certain 
circumstances, interfere with achievement of the purposes of SMCRA and 
the Federal program. Accordingly, OSM proposes to preempt them to the 
extent they relate to surface coal mining and reclamation operations 
subject to regulation under SMCRA. Section 903.700(f) of the proposed 
Federal program for Arizona lists the Arizona statutes and regulations 
which OSM has tentatively identified as interfering with the 
achievement of the purposes of SMCRA. The list set forth below is based 
on the list published on October 6, 1982 (47 FR 44194), and may need to 
be updated in a final rule adopting an Arizona Federal program. Those 
less stringent Arizona statutes and regulations are:
    (1) Arizona Open Pits Mining Statute, A.R.S. Section 27-421 to 
Section 27-425.
    (2) Arizona Administrative Code Rules 11-1-1301 through 11-1-1315.
    Thus, OSM proposes that the Arizona statutes and regulations 
described above be followed only to the extent that they are not 
inconsistent with the regulation of coal exploration, surface coal 
mining operations, or the reclamation of surface coal mined lands in 
the State of Arizona pursuant to the proposed Federal regulations.
    Comment is invited on whether the Arizona laws identified in 
Section 903.700(e) of the proposed Federal Program accurately reflect 
more stringent Arizona environmental controls which adequately modify 
the permanent program for application to Arizona so as to take into 
consideration the nature of the State's relevant physical conditions. 
Comment is similarly invited on whether the Arizona laws identified in 
Section 903.700(f) of the proposed Federal Program would interfere in 
certain circumstances with achievement of the purposes of SMCRA and the 
Federal program.
    Comment is also invited concerning any other Arizona laws and 
regulations which establish more stringent or less stringent land use 
and environmental controls than SMCRA, which may not be included in 
this proposed rule, or which may have been revised or adopted since 
1982.

Content and Organization of the Federal Program

    This proposed rule, 30 CFR Part 903, is consistent with the 
previously proposed rulemaking of October 6, 1982 (47 FR 44194), except 
that this rulemaking includes modifications to account for revisions to 
the permanent program rules that have taken place during the period 
between proposed rulemakings.
    The content and organization of the proposed Federal program for 
Arizona would generally follow the permanent program regulations. 
However, as discussed above, instead of the full text appearing, each 
section includes only a reference to the pertinent permanent program 
regulation section. Sections 903.700(e) and (f) set out both more 
stringent and inconsistent State statutes. A separate paragraph is 
proposed to be added under each section where there are deviations from 
the Federal permanent program regulations for the Arizona Federal 
program. These paragraphs will generally be found in a subsection (b). 
The content and organization of the proposed Arizona Federal program 
would be based on the following provisions of the Federal permanent 
program regulations, 30 CFR Chapter VII:

Subchapter A--General
Subchapter F--Areas Unsuitable for Mining
Subchapter G--Surface Coal Mining and Reclamation Operations Permits 
and Coal Exploration Systems under Regulatory Programs
Subchapter H--Small Operator Assistance
Subchapter J--Bond and Insurance Requirements for Bonding of Surface 
Coal Mining and Reclamation Operations
Subchapter K--Permanent Program Performance Standards
Subchapter L--Permanent Program Inspection and Enforcement 
Procedures
Part 955--Certification Program for Blasters

    Technical literature cited by OSM in the preambles to the permanent 
regulatory program (44 FR 14901-15309, March 13, 1979) and the 
regulatory reform rulemaking notices ending September 30, 1983, was 
relied upon in developing the Arizona Federal program. The reader is 
referred to those preambles for a discussion of the bases and purposes 
of the permanent program rules proposed to be referenced in the Arizona 
program without substantive change.
    The numbering system of the permanent program regulations has been 
incorporated into the numbering system for the proposed Arizona Federal 
program. Subchapter T of 30 CFR Chapter VII has been established to 
include regulatory programs by State in alphabetical order, and each 
State has been assigned a part number. As previously indicated, the 
regulatory program for Arizona is assigned Part 903. Program elements 
have been categorized under headings similar to the subchapter titles 
of the permanent program in 30 CFR Chapter VII.

Detailed Discussion of the Arizona Program

General
    Section 903.700 would contain six subsections: the first four 
subsections, 903.700(a), (b), (c), and (d), would contain general 
statements on the scope and applicability of the program. Section 
903.700(e) would indicate Arizona State laws that have been identified 
as having provisions that regulate activities involved in surface coal 
mining operations and that have provisions that in some instances are 
more stringent than SMCRA and the Secretary's regulations. Section 
903.700(f) would identify Arizona State laws and regulations that 
interfere with achievement of the purpose of SMCRA and Federal 
regulations. These identified State laws and regulations would be 
preempted and superseded.
    Sections 903.701 through 903.707 would establish the same 
provisions, where applicable, as 30 CFR Chapter VII, Subchapter A, 
General. Section 903.701(a) would contain all applicable general 
requirements, including the definitions in 30 CFR 700.5 and 701.5. 
Subsection (b) is proposed to be added at Sec. 903.701 to make clear 
that beginning on the effective date of this program and continuing 
until an operation has a permanent program permit issued by OSM, 
compliance with the interim program standards in 30 CFR Chapter VII, 
Subchapter B is required. Section 502(c) of SMCRA provides that all 
surface coal mining operations on lands on which such operations are 
regulated by a State shall comply with the interim program standards 
until a permanent program permit is issued. Paragraph (c) of 
Sec. 903.701 would provide that records required by 30 CFR 700.14 to be 
made available locally to the public shall be retained at the OSM 
Albuquerque Field Office. Section 703.702 would establish the same 
requirements as Part 702, Exemption for Coal Extraction Incidental to 
the Extraction of Other Minerals. Section 903.707 would establish the 
same requirements as Part 707, Exemption for Coal Extraction Incident 
to Government-Financed Highway or Other Construction.
Permit Fees
    Section 903.736 Permit fees, would establish the same provisions as 
30 CFR section 736.25.
Areas Designated Unsuitable for Mining
    Sections 903.761 through 903.764 would establish the same 
provisions, where applicable, as 30 CFR Chapter VII, Subchapter F, 
Areas Unsuitable for Mining. However, 30 CFR 736.15(b)(1) provides that 
the procedures and criteria for designating lands unsuitable shall be 
implemented one year after a Federal program is made effective for a 
State. Therefore, Sec. 903.764 provides that Part 764 shall apply 
beginning one year after the effective date of the Arizona program. No 
separate section for Federal lands is proposed because 30 CFR Part 769 
is directly applicable and need not be made a part of a Federal program 
for a State.
Permits and Coal Exploration Approvals
    Sections 903.772 through 903.785 would establish the same 
provisions, where applicable, as 30 CFR Chapter VII, Subchapter G, 
Surface Coal Mining and Reclamation Operations Permits and Coal 
Exploration Systems Under Regulatory Programs. The following 
amplifications are being proposed: For exploration applications where 
30 CFR 772.12 applies, Sec. 903.772(b) would require that upon receipt 
of notification from the regulatory authority of the submission of an 
administratively complete application for an exploration permit, the 
applicant shall publish one public notice of the filing in a newspaper 
of general circulation in the county of the proposed exploration area, 
and provide proof of this publication to the regulatory authority 
within one week after the newspaper notice is published.
    Section 903.772(c) would allow thirty (30) days after publication 
of the public notice for persons adversely affected to file written 
comments. Section 903.772(d) would require the regulatory authority to 
act upon a complete exploration application and any written comments 
within 15 days from the close of the comment period unless additional 
time is necessary due to the number of, or complexity of the issues.
    In Sec. 903.773, Requirements for permits and permit processing, 
proposed subsection (b) would list Federal laws and corresponding or 
relevant State laws that need coordination by OSM to prevent or 
minimize duplication of effort with Arizona. Section 905.773(c) as 
proposed contains the stipulation that no person may conduct coal 
exploration or surface coal mining and reclamation operations without 
first obtaining all other necessary permits from the State. This 
section, which lists State laws with which the Secretary will endeavor 
to coordinate when issuing a permit under this Federal program, is 
based on the list published on October 6, 1982, (47 FR 44194) and may 
have to be updated in a final rule establishing a Federal program for 
Arizona. The State laws requiring coordination are summarized below:
    (1) Arizona towns and cities are given long-range development and 
planning responsibility for their jurisdictions, are authorized to 
issue zoning ordinances and regulate the industrial use of municipal 
land and establish special zoning districts (A.R.S. Section 9-461 to 
Section 9-462-01). Arizona counties have general permitting authority 
and violation of a county building permit is a petty offense. A.R.S. 
11-322 et seq. Each County's Board of Supervisors has responsibility 
for promulgating and enforcing the zoning ordinances for the county, 
and it is unlawful to use land in violation of a zoning regulation, 
ordinance or permit; violation of such regulation, ordinance or permit 
is a misdemeanor. A.R.S. Section 11-808, Section 11-803, and A.R.S. 
Section 11-821.
    (2) The Arizona law concerning the perfection of mining claims and 
the establishment of claims to mineral rights is found in A.R.S. 
Section 27-201 to 27-210. Notice of such a claim must be recorded 
within 90 days in the appropriate office of the County having 
jurisdiction over the recording of land claims. A.R.S. Section 27-203.
    (3) A mineral exploration permit is required before prospecting is 
allowed on public land. A.R.S. Section 27-251 to Section 27-256.
    (4) A permit from the Department of Health Services is required for 
the discharge of solid wastes and air pollutants. A.R.S. Title 49, 
Chapters 1 and 2.
    (5) An installation permit is required before any pollution-causing 
equipment may be installed. Before the equipment can commence operation 
an operating permit is required. The permits are not automatically 
transferable. It is a misdemeanor to violate any air pollution permit, 
ordinance or statute, and criminal intent is not an element of proof. 
A.R.S. Title 49.
    (6) The Department of Health Services has the responsibility for 
issuing water pollutant discharge permits. A.R.S. Title 49, Chapter 2.
    (7) It is unlawful to discharge wastes or drainage into State 
waters or reduce water quality below water quality standards or 
discharge pollutants into waters without a permit from the Department 
of Health Services, A.R.S. Title 45.
    (8) The Department of State Lands has the responsibility for 
issuing mineral prospecting permits for State lands. A.R.S. Section 37-
231.
    (9) The waters from all sources belong to the State and are subject 
to appropriation and beneficial use. In order to appropriate water or 
make a beneficial use of water, a permit is required from the Director 
of the Department of Water Resources. The approval of the Director is 
required before such a permit may be transferred. A secondary permit 
from the Director is required before use may be made of reservoir 
waters. A.R.S. Title 45.
    Comment is invited concerning the accuracy of this list, and is 
also invited concerning any other Arizona laws requiring coordination 
under Section 903.773 which may not be included in this proposed rule, 
or which may have been revised or adopted since 1982.
    In addition to the requirements under the permanent program rules, 
OSM proposes adding other provisions for permit review. More detail is 
necessary when OSM is the regulatory authority in order to provide 
direction to the permit applicant. Section 903.773(d) would establish 
specific permit application review procedures. This is necessary to 
dispose of grossly deficient applications early in processing, to 
provide a procedure for obtaining additional information, and to 
indicate the procedure for determinations of completeness. The proposed 
rule at Sec. 903.773(e) would allow OSM to require an applicant to 
submit supplemental information to ensure compliance with applicable 
Federal laws and regulations other than SMCRA and its implementing 
regulations. The proposed rule at Sec. 903.773(f) would establish, 
pursuant to 30 CFR 773.15(a)(1), a time period of 60 days from the 
close of the comment period for the regulatory authority to issue a 
written decision unless additional time is necessary due to the number 
of, or complexity of the issues. The proposed rule at Sec. 903.773(g) 
would establish a procedure for ensuring confidentiality of qualified 
permit application information. Such information would have to be 
labeled confidential and submitted separately to be reviewed by OSM for 
withholding from disclosure. In addition, Sec. 903.773(g)(1) would 
require the public notice required by Sec. 903.773(d)(3) to identify 
the type of information considered to be confidential. Finally, 
Sec. 903.773(g)(2) would require OSM to rule on the confidentiality of 
labeled application information within ten days of the last publication 
of the notice required under Sec. 903.773(d)(3).
    The proposed rule at Sec. 903.774(b) would provide that a revision 
of the permit that may have the potential to adversely impact the 
potential for the achievement of reclamation and the post-mining land 
use shall be considered significant. In addition, the rule provides 
that WSC shall consider the following factors as well as other relevant 
factors in determining the significance of a proposed revision: (1) 
Changes in production or recoverability of the coal resource; (2) The 
environmental effects; (3) The public interest in the operation, or 
likely interest in the proposed revision; and (4) Possible adverse 
impacts from the proposed revision on fish or wildlife, endangered 
species, bald or golden eagles, or cultural resources.
    A significant revision would require public notice and would be 
subject to a formal hearing if one is requested.
    The proposed rule at Sec. 903.774(c) would require that OSM approve 
or disapprove non-significant permit revisions within a reasonable 
amount of time. The proposed rule at Sec. 903.774(d) would allow 30 
days for any person having an interest that is or may be adversely 
affected by a decision on the transfer, assignment, or sale of permit 
rights to submit written comments after publication of the notice 
required by 30 CFR 774.17(b)(2). The proposed rule at Sec. 903.774(e) 
would allow interested persons and public entities 30 days from the 
last publication of the notice to submit written comments of objections 
on an application for significant revision or permit renewal.
    The permanent program regulations at 30 CFR 779.19(a) give the 
regulatory authority discretion to require a map that delineates 
vegetation types in the proposed permit area. The proposed rule at 
Sec. 903.779(b) requires the applicant for a surface mining permit to 
submit such a map. Similarly, the proposed rule at Sec. 903.783(b) 
requires a vegetation map for underground mining permits.
Small Operator Assistance
    Section 903.795 would establish the same standards for the small 
operator assistance program (SOAP) as are found in Part 795 of the 
permanent program rules. OSM expects during its administration of the 
SOAP in Arizona that Federal funds will be sufficient to provide for 
authorized services, and does not expect to exercise its option at 30 
CFR 795.11(b). That option allows OSM to establish a formula for 
allocating limited funds to provide the service pursuant to Part 795. 
OSM will award SOAP contracts to qualified laboratories utilizing a 
streamlined procurement system that complies with the Federal 
Acquisition Regulations. Prior to issuing a Request for Proposals, OSM 
will announce its intention through publication in the Commerce 
Business Daily. OSM will qualify labs as part of its contracting 
process.
Bonding
    Section 903.800 establishes the same provisions, where applicable, 
as 30 CFR Chapter VII, Subchapter J, Bond and Insurance Requirements 
for Surface Coal Mining and Reclamation Operations. The proposed rule 
at Sec. 903.800(b) would require the operator to file an application 
for release of performance bond no later than 30 days prior to the end 
of the growing season. In addition, OSM is requesting information 
pertaining to any bonding requirements which may have been placed on 
existing surface coal mining operations in Arizona.
Performance Standards
    Section 903.815 through 903.828 would establish the same 
provisions, where applicable, as 30 CFR Chapter VII, Subchapter K. The 
following changes would be made:
    Proposed Sec. 903.816(b) would require: (1) That the standards for 
Revegetation success for surface mining activities shall be those 
specified at 30 CFR 816.116(a)(2), and (2) that the statistically valid 
sampling techniques for measuring success shall be included in the 
mining and reclamation plan.
    Proposed Sec. 903.817(b) would require: (1) That the standards for 
revegetation success for underground mining activities shall be those 
specified in 30 CFR 817.116(a)(2); and (2) that the statistically valid 
sampling techniques for measuring success shall be included in the 
mining and reclamation plan.
Inspection and Enforcement Procedures
    Sections 903.842, 903.843, 903.845, and 903.846 establish the same 
provisions as 30 CFR Chapter VII, Subchapter L, Permanent Program 
Inspection and Enforcement Procedures. No changes to the inspection and 
enforcement provisions of the permanent program regulations are 
proposed for the Arizona Federal program. The proposed rules at 
Secs. 903.842(b) and 903.843(b) would require OSM to furnish to a 
designated Arizona State agency with jurisdiction over mining, on 
request, copies of inspection reports and enforcement actions, 
respectively.
Blaster Training and Certification
    Section 903.955 cross-references 30 CFR Part 955 of the permanent 
program regulations.

IV. Procedural Matters

Federal Paperwork Reduction Act

    This rule does not contain collections of information which require 
approval by the Office of Management and Budget under 44 U.S.C. 3501 et 
seq.

Executive Order 12866

    This rule is not subject to Office of Management and Budget review 
under Executive Order 12866.

Regulatory Flexibility Act

    The Department of the Interior has determined pursuant to the 
Regulatory Flexibility Act, 5 U.S.C. 601 et seq., that this proposed 
rule will not have a significant economic impact on a substantial 
number of small entities because no small entities are expected to 
apply for permits under the Arizona Federal Program and the total 
number of permits applied for under the program is expected to be very 
small.

National Environmental Policy Act

    Section 702(d) of SMCRA provides that promulgation of a Federal 
program shall not constitute a major Federal action under the National 
Environmental Policy Act, 42 U.S.C. 433. Thus, no environmental 
assessment or environmental impact statement is required for this 
rulemaking.

Executive Order 12778 (Civil Justice Reform)

    This proposed rule has been reviewed under the applicable standards 
of section 2(b)(2) of Executive Order 12778, ``Civil Justice Reform'' 
(56 FR 55195). In general, the requirements of section 2(b)(2) are 
covered by the preamble discussion of this rule. Individual elements of 
the order are addressed below:
    A. What would be the preemptive effect, if any, to be given to the 
regulation?
    As provided for under SMCRA, the proposed regulatory program would 
have a preemptive effect with respect to State laws and regulations 
less stringent than SMCRA, as provided for under SMCRA (see above under 
Discussion of Proposed Rule).
    B. What would be the effect of the regulation on existing Federal 
law or regulation, if any, including all provisions repealed or 
modified?
    The proposed regulation would implement SMCRA in the State of 
Arizona, as described herein, and is not intended to modify the 
implementation of any other Federal statute. The preceding discussion 
of the proposed action specifies the Federal regulatory provisions that 
are affected by the proposed revision.
    C. Would the regulation provide a clear and certain legal standard 
for affected conduct rather than a general standard, while promoting 
simplification and burden reduction?
    The standards established by this rule are as clear and certain as 
practicable, given the complexity of the topics covered and the 
mandates of SMCRA.
    D. What would be the retroactive effect, if any, to be given to the 
regulation?
     There would be no retroactive effect to the proposed regulation.
    E. Are administrative proceedings required before parties may file 
suit in court? Which proceedings apply? Is the exhaustion of 
administrative remedies required?
    No administrative proceedings would be required before parties may 
file suit in court challenging the provisions of the proposed revision. 
Prior to any judicial challenge of the application of the rule, 
however, administrative procedures must be exhausted. Applicable 
administrative procedures may be found at 43 CFR Part 4.
    F. Would the proposed action define key terms, either explicitly or 
by reference to other regulations or statutes that explicitly define 
those items?
    Terms which are important to the understanding of the proposed 
action are set forth in 30 CFR 700.5 and 740.5.
    G. Would the regulation address other important issues affecting 
clarity and general draftsmanship of regulations set forth by the 
Attorney General, with the concurrence of the Director of the Office of 
Management and Budget, that are determined to be in accordance with the 
purposes of the Executive Order?
    The Attorney General and the Director of the Office of Management 
and Budget have not issued any guidance on this requirement.
Author
    The principal author of these proposed regulations is James B. 
Smith, Regulatory Programs Branch, Albuquerque Field Office, 500 
Marquette Ave. NW., Suite 1200, Albuquerque, NM 87110.

List of Subjects in 30 CFR Part 903

    Coal mining, Intergovernmental relations, Surface mining, 
Underground mining, Reporting and recordkeeping requirements.

    Dated: July 18, 1994.
Bob Armstrong,
Assistant Secretary, Land and Minerals Management.
    Accordingly, OSM proposes to amend 30 CFR Chapter VII, Subchapter T 
as set forth below:

30 CFR Chapter VII, Subchapter T

    1. Part 903 is added to read as follows:

PART 903--ARIZONA

Sec.
903.700  Arizona Federal Program.
903.701  General.
903.702  Exemption for coal extraction incidental to the extraction 
of other minerals.
903.707  Exemption for coal extraction incident to government-
financed highway or other construction.
903.736  Permit fees.
903.761  Areas designated unsuitable for surface coal mining by act 
of Congress.
903.762  Criteria for designating areas as unsuitable for surface 
coal mining operations.
903.764  Process for designating areas unsuitable for surface coal 
mining operations.
903.772  Requirements for coal exploration.
903.773  Requirements for permits and permit processing.
903.774  Revision; renewal; and transfer, assignment, or sale of 
permit rights.
903.775  Administrative and judicial review of decisions.
903.777  General content requirements for permit applications.
903.778  Permit applications--Minimum requirements for legal, 
financial, compliance, and related information.
903.779  Surface mining permit applications--Minimum requirements 
for information on environmental resources.
903.780  Surface mining permit applications--Minimum requirements 
for reclamation and operation plan.
903.783  Underground mining permit applications--Minimum 
requirements for information on environmental resources.
903.784  Underground mining permit applications--Minimum 
requirements for reclamation and operation plan.
903.785  Requirements for permits for special categories of mining.
903.795  Small operator assistance program.
903.800  Bond and insurance requirements for surface coal mining and 
reclamation operations under regulatory programs.
903.815  Performance standards--Coal exploration.
903.816  Performance standards--Surface mining activities.
903.817  Performance standards--Underground mining activities.
903.819  Special performance standards--Auger mining.
903.822  Special performance standards--Operations in alluvial 
valley floors.
903.823  Special performance standards--Operations on prime 
farmland.
903.824  Special performance standards--Mountaintop removal.
903.827  Special performance standards--Coal preparation plants not 
located within the permit area of a mine.
903.828  Special performance standards--In situ processing.
903.842  Federal inspections.
903.843  Federal enforcement.
903.845  Civil penalties.
903.846  Individual civil penalties.
903.955  Certification of blasters.

    Authority: 30 U.S.C. 1201 et seq., as amended.


Sec. 903.700  Arizona Federal Program.

    (a) This part contains all rules that are applicable to surface 
coal mining and reclamation operations in Arizona which have been 
adopted under the Surface Mining Control and Reclamation Act of 1977.
    (b) Certain of the rules in this part cross-reference pertinent 
parts of the permanent program rules in this chapter. The full text of 
a cross-referenced rule is in the permanent program rule cited under 
the relevant section of the Arizona Federal Program.
    (c) This part applies to all coal exploration and surface coal 
mining and reclamation operations in Arizona conducted on non-Federal 
and non-Indian lands. To the extent required by 30 CFR Part 740, this 
part also applies to operations on Federal lands in Arizona.
    (d) The information collection requirements contained in this part 
have been approved by the Office of Management and Budget under 44 
U.S.C. 3507 in its approval of the information collection requirements 
contained in the permanent regulatory program.
    (e) The following provisions of Arizona law generally provide for 
more stringent environmental control and regulation of some aspects of 
surface coal mining and reclamation operations than do the provisions 
of the Surface Mining Control and Reclamation Act of 1977, and the 
regulations in this chapter. Therefore, pursuant to section 505(b) of 
the Act, they shall not generally be construed to be inconsistent with 
the Act, unless in a particular instance the rules in this chapter are 
found by OSM to establish more stringent environmental or land use 
controls:
    (1) The Arizona Commission of Agriculture and Horticulture has 
authority to abate public nuisances including noxious weeds and noxious 
weed seeds. A.R.S. Sections 3-231 to 3-242. Violation of this statute 
is a misdemeanor.
    (2) It is unlawful to injure any bird or harass any bird upon its 
nest or remove the nests or eggs of any bird without prior 
authorization of the Arizona Game and Fish Commission. A.R.S. Section 
17-236.
    (3) A bridge, dam, dike or causeway may not be constructed over or 
in a navigable river or other navigable water without the authorization 
of the Governor. A.R.S. Section 18-301.
    (4) The Department of Mineral Resources has jurisdiction over the 
mining of minerals, and oil and gas under Title 27 of the Arizona 
Revised Statutes. One of the functions of that Department is the 
prevention and elimination of hazardous dust conditions. A.R.S. Section 
27-128. Violation of orders of state mine inspectors respecting dust 
prevention and control is a misdemeanor.
    (5) Roads leading into waste dump areas and tailing areas from 
inhabited or public areas are required to be blocked off and warning 
signs posted on the perimeter of such areas. A.R.S. Section 27-317.
    (6) The primary responsibility for the control and abatement of air 
pollution rests with the Arizona Department of Environmental Quality 
and its Hearing Board. The Department is responsible for the 
establishment and enforcement of air pollution emission standards and 
ambient air quality standards as a part of a comprehensive air quality 
plan for Arizona. A.R.S. Title 49.
    (7) The Arizona Department of Water Resources has jurisdiction over 
State water, including ``surface waters.'' ``Surface waters'' means 
``the waters of all sources, flowing in streams, canyons, ravines or 
other natural channels, or in definite underground channels, whether 
perennial or intermittent, flood, waste or surplus water, and of lakes, 
ponds and springs on the surface. For the purposes of administering 
this title, surface water is deemed to include Central Arizona Project 
water.'' A.R.S. Section 45-101. It is a misdemeanor to knowingly use 
the water of another, or divert water from a stream, waste water or 
obstruct water flowing into a water work. A.R.S. Section 45-112. 
Possession of water lawfully denied to the possessor is prima facie 
evidence of one's guilt. A.R.S. Section 45-112. If water is to be used 
for mining purposes the water rights may be severed from the land 
rights and transferred separately. The separation and transference of 
water rights is subject to numerous limitations, A.R.S. Section 45-172.
    (8) Dams are defined as ``any artificial barrier, including 
appurtenant works for the impounding or diversion of water except those 
barriers for the purpose of controlling liquid borne material, twenty-
five feet or more in height or the storage capacity of which will be 
more than fifty acre feet, but does not include any such barrier which 
is or will be less than six feet in height, regardless of storage 
capacity, or which has or will have a storage capacity not in excess of 
fifteen acre feet, regardless of height.'' A.R.S. Section 45-701. The 
construction, operation, repair or alteration of any dam without the 
prior approval of the Director of Water Resources is a misdemeanor. 
A.R.S. Section 45-702 to Section 45-716..
    (f) The following are the Arizona laws and regulations that 
generally interfere with the achievement of the purposes and 
requirements of the Act and are, in accordance with section 504(g) of 
the Act, preempted and superseded. Other Arizona laws may in an 
individual situation interfere with the purposes and achievements of 
the Act and may be preempted and superseded with respect to the 
performance standards of Secs. 903.815 through 903.828 as they affect a 
particular coal exploration or surface mining operation by publication 
of a notice to that effect in the Federal Register.
    (1) Arizona Open Pits Mining Statute, A.R.S. Section 27-421 to 
Section 27-425.
    (2) Arizona Administrative Code Rules 11-1-1301 through 11-1-1315.


Sec. 903.701  General.

    (a) Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15 and Part 
701 of this chapter shall apply to coal exploration and surface coal 
mining and reclamation operations in Arizona.
    (b) Beginning on the effective date of this program, each surface 
coal mining and reclamation operation in Arizona shall comply with 
Subchapter B of this chapter until issuance of a permanent program 
permit under the provisions of Subchapter C of this chapter.
    (c) Records required by Sec. 700.14 of this chapter to be made 
available locally to the public shall be made available in the OSM 
Albuquerque Field Office.


Sec. 903.702  Exemption for coal extraction incidental to the 
extraction of other minerals.

    Part 702 of this chapter, Exemption for Coal Extraction Incidental 
to the Extraction of Other Minerals, shall apply to any person who 
conducts coal extraction incidental to the extraction of other minerals 
for purposes of commercial use or sale.


Sec. 903.707   Exemption for coal extraction incident to government-
financed highway or other construction.

    Part 707 of this chapter, Exemption for Coal Extraction Incident to 
Government-Financed Highway or Other Construction, shall apply to 
surface coal mining and reclamation operations.


Sec. 903.736  Permit fees.

    Section 736.25 of this chapter, Permit fees, shall apply to any 
person who makes application for a permit to conduct surface coal 
mining and reclamation operations in Arizona.


Sec. 903.761  Areas designated unsuitable for surface coal mining by 
act of Congress.

    Part 761 of this chapter, Areas Designated by Act of Congress, 
shall apply to surface coal mining operations.


Sec. 903.762  Criteria for designating areas as unsuitable for surface 
coal mining operations.

    Part 762 of this chapter, Criteria for Designating Areas Unsuitable 
for Surface Coal Mining Operations, shall apply to surface coal mining 
operations.


Sec. 903.764  Process for designating areas unsuitable for surface coal 
mining operations.

    Part 764 of this chapter, State Processes for Designating Areas 
Unsuitable for Surface Coal Mining Operations, pertaining to petitions, 
initial processing, hearing requirements, decisions, data base and 
inventory systems, public information, and regulatory responsibilities, 
shall apply to surface coal mining operations beginning one year after 
the effective date of this program.


Sec. 903.772  Requirements for coal exploration.

    (a) Part 772 of this chapter, Requirements for Coal Exploration, 
shall apply to any person who conducts coal exploration. For those 
applications where Sec. 772.12 applies, the requirements of paragraphs 
(b) through (d) shall apply in place of Sec. 772.12(c) (1) and (3) and 
Sec. 772.12(d)(1).
    (b) The applicant upon receipt of notification from the regulatory 
authority of the submission of an administratively complete application 
for an exploration permit, shall publish one public notice of the 
filing in a newspaper of general circulation in the county of the 
proposed exploration area, and provide proof of this publication to the 
regulatory authority within one week after the newspaper notice is 
published.
    (c) Any person having an interest that is or may be adversely 
affected shall have the right to file written comments within thirty 
(30) days after the advertisement appears in the newspaper.
    (d) The regulatory authority shall act upon an administratively 
complete application for a coal exploration permit and any written 
comments within 15 days from the close of the comment period unless 
additional time is necessary due to the number of, or complexity of, 
the issues. The approval of a coal exploration permit shall be based 
only on a complete and accurate application.


Sec. 903.773  Requirements for permits and permit processing.

    (a) Part 773 of this chapter, Requirements for Permits and Permit 
Processing, shall apply to any person who applies for a permit for 
surface coal mining and reclamation operations.
    (b) The Secretary shall coordinate, to the extent practicable, his/
her responsibilities under the following Federal laws with the relevant 
Arizona laws to avoid duplication:

------------------------------------------------------------------------
            Federal law                           State law             
------------------------------------------------------------------------
(1) Clean Water Act, as amended, 33  A.R.S. Title 49, Art. 2, Sec 221-  
 U.S.C. 1251 et seq.                  225; A.R.S. Title 49, Art. 3, Sec 
                                      241-251; A.R.S. Title 49, Art. 10,
                                      Sec 361-363; A.R.S. Title 49, Art.
                                      11, Sec 371-381.                  
(2) Clean Air Act, as amended, 42    A.R.S. Title 49.                   
 U.S.C. 7401 et seq.                                                    
(3) Resource Conservation and        ...................................
 Recovery Act, 42 U.S.C. 3251 et                                        
 seq.                                                                   
(4) National Environmental Policy    ...................................
 Act, 42 U.S.C. 4321 et seq.                                            
(5) Archeological and Historic       Arizona Antiquities Act--A.R.S.    
 Preservation Act, 16 U.S.C. 470 et   Title 41, secs. 821, 841-846, 861,
 seq.                                 862, 865, 1352.                   
(6) National Historic Preservation   A.R.S. Title 13 Secs. 3702, 3702.1;
 Act, 16 U.S.C. 470 et seq.           Title 41 secs. 511, 511.04, 821,  
                                      861, 862, 1352; Title 44 sec. 123.
(7) Coastal Zone Management Act, 16  ...................................
 U.S.C. 1451, 1453-1464.                                                
(8) Section 208 of the Clean Water   A.R.S. Sections 49-101, 201 and    
 Act, as amended, 33 U.S.C. 1251 et   371.                              
 seq.                                                                   
(9) Endangered Species Act, 16       A.R.S. Title 17 Section 231A.2.    
 U.S.C. 1531 et seq.                 Arizona Admin. Code Title 18       
                                      Chapter 10, Article 1.            
(10) Fish and Wildlife Coordination  ...................................
 Act, 16 U.S.C. 661-667.                                                
(11) Noise Control Act, 42 U.S.C.    ...................................
 4903.                                                                  
(12) Bald Eagle Protection Act, 16   A.R.S. Title 17 Section 235.       
 U.S.C. 668-668(d).                                                     
------------------------------------------------------------------------


    (c) Where applicable, no person shall conduct coal exploration 
operations which result in the removal of more than 250 tons in one 
location or surface coal mining and reclamation operations without a 
permit issued by the Secretary pursuant to 30 CFR parts 772 an 773 and 
permits, leases, and/or certificates required by the State of Arizona, 
including compliance with the following:
    (1) Municipal planning statues (A.R.S. Section 9-461 to 9-462.01);
    (2) County planning and zoning statutes (A.R.S. Section 11-322 et 
seq.;
    (3) A.R.S. Section 11-808, 11-821;
    (4) Statutes governing perfection and recordation of mining claims 
(A.R.S. Section 27-201 to 27-210);
    (5) Statutes requiring mineral exploration permits (A.R.S. Section 
27-251 to 27-256);
    (6) Solid waste and air pollution discharge permits, installation 
and operation permits required for equipment causing air pollution and 
water pollution discharge permits (A.R.S. Title 49, Chapters 1 and 2);
    (7) Mineral prospecting permits for State lands (A.R.S. Section 37-
231); and
    (8) Permits for use of State waters and permits for secondary use 
of reservoir waters (A.R.S. Title 45).
    (d) In addition to the requirements of Part 773, the following 
permit application review procedures shall apply:
    (1) Any person applying for a permit shall submit, at a minimum, 
five copies of the application to OSM's Western Support Center (WSC) in 
Denver, Colorado.
    (2) WSC shall review an application for administrative completeness 
and acceptability for further review, and shall notify the applicant in 
writing of the findings. WSC may:
    (i) Reject a flagrantly deficient application, notifying the 
applicant of the findings;
    (ii) Request additional information required for completeness, 
stating specifically what information must be supplied; or
    (iii) Judge the application administratively complete and 
acceptable for further review.
    (3) When the application is judged administratively complete, the 
applicant shall be advised by WSC to file the public notice required by 
Sec. 773.13 of this chapter.
    (4) A representative of WSC may visit the proposed permit area if 
necessary to determine whether the operation and reclamation plans are 
consistent with actual site conditions. The applicant will be notified 
of the time of the visit in advance.
    (5) Adequacy of information to allow WSC to comply with the 
National Environmental Policy Act, 42 U.S.C. 4322, shall be considered 
in the determination of a complete application. WSC may require 
specific additional information from the applicant as any environmental 
review progresses when such specific information is needed.
    (e) In addition to the information required by subchapter G of this 
chapter, WSC may require an applicant to submit supplemental 
information to ensure compliance with applicable Federal laws and 
regulations other than the Act and 30 CFR Title VII.
    (f) The regulatory authority shall review the application for a 
permit, any written comments and objections submitted; and all of the 
records of any informal conference or hearing held on the application. 
Where there is no Environmental Impact Statement (EIS), the regulatory 
authority shall issue a written decision within 60 days from the close 
of the comment period or, if an informal conference is held under 
Sec. 773.13(c), 60 days from the conclusion of the informal conference 
unless additional time is necessary due to the number of, or complexity 
of the issues. Where an EIS has been prepared for the application, no 
decision on the proposed action shall be issued until at least 30 days 
after the Environmental Protection Agency's (EPA) publication of the 
notice of availability of the final EIS in the Federal Register.
    (g) Only application information that is labeled confidential by 
the applicant and submitted separately from the remainder of the 
application will be reviewed by OSM for withholding from disclosure 
under Sec. 773.13(d).
    (1) If the application contains information identified as 
confidential by the applicant, the public notice required by 
Sec. 903.773(d)(3) must identify the type of information considered to 
be confidential.
    (2) OSM shall determine the qualification of any application 
information labeled confidential within 10 days of the last publication 
of the notice required under Sec. 903.773(d)(3) of this chapter, unless 
additional time is necessary to obtain public comment or in the event 
of unforeseen circumstances.


Sec. 903.774  Revision; renewal; and transfer, assignment, or sale of 
permit rights.

    (a) Part 774 of this chapter, Revision; Renewal; and Transfer, 
Assignment, or Sale of Permit Rights, shall apply to any such actions 
involving surface coal mining and reclamation operations permits, 
except as specified below.
    (b) Any revision to the approved mining or reclamation plan shall 
be subject to review and approval by WSC. WSC consider the following 
factors as well as other relevant factors in determining the 
significance of a proposed revision:
    (1) Changes in production or recover ability of the coal resource;
    (2) The environmental effects;
    (3) The public interest in the operation, or likely interest in the 
proposed revision; and
    (4) Possible adverse impacts from the proposed revision on fish or 
wildlife, endangered species, bald or golden eagles, or cultural 
resources.
    (c) Any significant revision to the approved mining or reclamation 
plan shall be subject to the public notice and hearing provisions of 
Secs. 903.703(b)(3) and 773.13 (b) and (c) prior to approval and 
implementation.
    (d) Any revision to the approved reclamation plan that may have the 
potential to adversely impact the potential for the achievement of 
reclamation and the post-mining land use shall be considered a 
significant permit revision.
    (e) The regulatory authority will approve or disapprove non-
significant permit revisions within a reasonable amount of time from 
the receipt of a complete and accurate revision application. 
Significant revision and renewals will be approved or disapproved under 
the provisions of Sec. 903.773(f).
    (f) In addition to the requirements of Part 774 of this chapter, 
any person having an interest which is or may be adversely affected by 
a decision on the transfer, assignment, or sale of permit rights, 
including an official of any Federal, State, or local government 
agency, may submit written comments on the application to the Office 
within 30 days of the publication of the newspaper advertisement 
required by Sec. 774.17(b)(2) of this chapter, or receipt of an 
administratively complete application, whichever is later.
    (g) Within 30 days from the last publication of the newspaper 
notice, written comments or objections to an application for 
significant revision or renewal of a permit under Sec. 774.15 may be 
submitted to the regulatory authority by: (1) any person having an 
interest that is or may be adversely affected by the decision on the 
application; or (2) public entities notified under Sec. 773.13(a)(3) of 
this chapter with respect to the effects of the proposed mining 
operations on the environment within their areas of responsibility.


Sec. 903.775   Administrative and judicial review of decisions.

    Part 775 of this chapter, Administrative and Judicial Review of 
Decisions, shall apply to all decisions on permits.


Sec. 903.777   General content requirements for permit applications.

    (a) Part 777 of this chapter, General Content Requirements for 
Permit Applications, shall apply to any person who makes application 
for a permit to conduct surface coal mining and reclamation operations.
    (b) Any person who wishes to conduct surface coal mining and 
reclamation operations shall file a complete application as early as 
possible before the date when a permit is desired and shall pay to OSM 
a permit fee in accordance with Sec. 903.736.
    (c) Any person who wishes to revise a permit shall submit a 
complete application as early as possible before the date that approval 
of the permit revision is desired and shall pay a permit fee in 
accordance with 30 CFR 777.17.


Sec. 903.778   Permit applications--Minimum requirements for legal, 
financial, compliance, and related information.

    Part 778 of this chapter, Permit Applications--Minimum Requirements 
for Legal, Financial, Compliance, and Related Information, shall apply 
to any person who makes application for a permit to conduct surface 
coal mining and reclamation operations.


Sec. 903.779   Surface mining permit applications--Minimum requirements 
for information on environmental resources.

    (a) Part 779 of this chapter, Surface Mining Permit Applications--
Minimum Requirements for Information on Environmental Resources, shall 
apply to any person who makes application to conduct surface coal 
mining and reclamation operations.
    (b) In addition to the requirements of Part 779, the permit 
application shall contain a map that delineates existing vegetative 
types and a description of the plant communities within the proposed 
permit area and within any proposed reference area.


Sec. 903.780   Surface mining permit applications--Minimum requirements 
for reclamation and operation plan.

    Part 780 of this chapter, Surface Mining Permit Applications--
Minimum Requirements for Reclamation and Operation Plan, shall apply to 
any person who makes application to conduct surface coal mining and 
reclamation operations.


Sec. 903.783   Underground mining permit applications--Minimum 
requirements for information on environmental resources.

    (a) Part 783 of this chapter, Underground Mining Permit 
Applications--Minimum Requirements for Information on Environmental 
Resources, shall apply to any person who makes application to conduct 
underground coal mining operations.
    (b) In addition to the requirements of Part 783, the permit 
application shall contain a map that delineates existing vegetative 
types and a description of the plant communities within the proposed 
permit area and within any proposed reference area.


Sec. 903.784  Underground mining permit applications--Minimum 
requirements for reclamation and operation plan.

    Part 784 of this chapter, Underground Mining Permit Applications--
Minimum Requirements for Reclamation and Operation Plan, shall apply to 
any person who makes application for a permit to conduct underground 
coal mining operations.


Sec. 903.785  Requirements for permits for special categories of 
mining.

    Part 785 of this chapter, Requirements for permits for Special 
Categories of Mining, shall apply to any person who makes application 
for a permit to conduct certain categories of surface coal mining and 
reclamation operations as specified therein.


Sec. 903.795  Small operator assistance program.

    Part 795 of this chapter, Small Operator Assistance Program, shall 
apply to any person making application for assistance under the small 
operator assistance program.


Sec. 903.800  Bond and insurance requirements for surface coal mining 
and reclamation operations under regulatory programs.

    (a) Part 800 of this chapter, Bond and Insurance Requirements for 
Surface Coal Mining and Reclamation Operations Under Regulatory 
Programs, shall apply to all surface coal mining and reclamation 
operations, except for Sec. 800.40(a)(1) regarding the bond release 
application, for which paragraph (b) of this section substitutes.
    (b) The permittee may file an application with the regulatory 
authority for the release of all or part of a performance bond. 
Applications shall be filed no later than 30 days prior to the end of 
the vegetation growing season in order to properly evaluate the 
completed reclamation operations. The appropriate times or seasons for 
the evaluation of certain types of reclamation shall be identified in 
the mining and reclamation plan required in Subchapter G of this 
Chapter and approved by the regulatory authority.


Sec. 903.815  Performance standards--Coal exploration.

    Part 815 of this chapter, Permanent Program Performance Standards--
Coal Exploration, shall apply to any person who conducts coal 
exploration.


Sec. 903.816  Performance standards--Surface mining activities.

    (a) Part 816 of this chapter, Permanent Program Performance 
Standards--Surface Mining Activities, shall apply to any person who 
conducts surface mining activities, except Sec. 816.116(a)(1) regarding 
revegetation success standards, for which paragraph (b) of this section 
substitutes.
    (b) Standards for success shall be those identified in 
Sec. 816.116(a)(2). Statistically valid sampling techniques for 
measuring success shall be included in the mining and reclamation plan, 
and approved by the regulatory authority.


Sec. 903.817  Performance standards--Underground mining activities.

    (a) Part 817 of this chapter, Permanent Program Performance 
Standards--Underground Mining Activities, shall apply to any person who 
conducts underground mining activities, except Sec. 817.116(a)(1) 
regarding revegetation success standards, for which paragraph (b) of 
this section substitutes.
    (b) Standards for success shall be those identified in 
Sec. 817.116(a)(2). Statistically valid sampling techniques for 
measuring success shall be included in the mining and reclamation plan, 
and approved by the regulatory authority.


Sec. 903.819  Special performance standards--Auger mining.

    Part 819 of this chapter, Special Permanent Program Performance 
Standards--Auger Mining, shall apply to any person who conducts surface 
coal mining operations which include auger mining.


Sec. 903.822  Special performance standards--Operations in alluvial 
valley floors.

    Part 822 of this chapter, Special Permanent Program Performance 
Standards--Operations in Alluvial Valley Floors, shall apply to any 
person who conducts surface coal mining and reclamation operations on 
alluvial valley floors.


Sec. 903.823  Special performance standards--Operations on prime 
farmland.

    Part 823 of this chapter, Special Permanent Program Performance 
Standards--Operations on Prime Farmland, shall apply to any person who 
conducts surface coal mining and reclamation operations on prime 
farmland.


Sec. 903.824  Special performance standards--Mountaintop removal.

    Part 824 of this chapter, Special Permanent Program Performance 
Standards--Mountaintop Removal, shall apply to any person who conducts 
surface coal mining and reclamation operations constituting mountaintop 
removal mining.


Sec. 903.827  Special performance standards--Coal preparation plants 
not located within the permit area of a mine.

    Part 827 of this chapter, Permanent Program Performance Standards--
Coal Preparation Plants Not Located Within the Permit Area of a Mine, 
shall apply to any person who conducts surface coal mining and 
reclamation operations which include the operation of a coal 
preparation plant not located within the permit area of a mine.


Sec. 903.828  Special performance standards--In situ processing.

    Part 828 of this chapter, Special Permanent Program Performance 
Standards--In Situ Processing, shall apply to any person who conducts 
surface coal mining and reclamation operations which include the in 
situ processing of coal.


Sec. 903.842  Federal inspections.

    (a) Part 842 of this chapter, Federal Inspections, shall apply to 
all coal exploration and surface coal mining and reclamation 
operations.
    (b) In addition to the requirements of Part 842, copies of 
inspection reports will be furnished, upon request, to a designated 
Arizona State agency with jurisdiction over mining.


Sec. 903.843  Federal enforcement.

    (a) Part 843 of this chapter, Federal Enforcement, shall apply 
regarding enforcement action on coal exploration and surface coal 
mining and reclamation operations.
    (b) In addition to the requirements of Part 843, copies of 
enforcement actions and orders to show cause will be furnished, upon 
request, to a designated Arizona State agency with jurisdiction over 
mining.


Sec. 903.845   Civil penalties.

    Part 845 of this chapter, Civil Penalties, shall apply to the 
assessment of civil penalties for violations on coal exploration and 
surface coal mining and reclamation operations.


Sec. 905.846  Individual civil penalties.

    Part 846 of this chapter, Individual Civil Penalties, shall apply 
to the assessment of individual civil penalties under section 518(f) of 
the Act.


Sec. 903.955  Certification of blasters.

    Part 955 of this chapter, Certification of Blasters in Federal 
Program States and on Indian Lands, shall apply to the training, 
examination and certification of blasters for surface coal mining and 
reclamation operations.

[FR Doc. 94-19526 Filed 8-9-94; 8:45 am]
BILLING CODE 4310-05-M