[Federal Register Volume 60, Number 58 (Monday, March 27, 1995)]
[Proposed Rules]
[Pages 15726-15728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7439]



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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 913

[IL-090]


Illinois Regulatory Program

AGENCY: Office of Surface Mining Reclamation Enforcement (OSM), 
Interior.

ACTION: Proposed rule; pubic comment period and opportunity for public 
hearing.

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SUMMARY: OSM is announcing receipt of a proposed amendment to the 
Illinois regulatory program (hereinafter referred to as the Illinois 
program) under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA). The proposed amendment pertains to the merger of the Illinois 
Department of Mines and Minerals into the newly created Illinois 
Department of Natural Resources. The amendment is intended to provide 
formal notification to OSM of this pending reorganization.

DATES: Written comments must be received by 4:00 p.m., [C.S.T.], April 
26, 1995. If requested, a public hearing on the proposed amendment will 
be held on April 21, 1995. Requests to speak at the hearing must be 
received by 4:00 p.m., [C.S.T.], on April 11, 1995.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Mr. James F. Fulton, Director, 
Springfield Field Office, at the address listed below.
    Copies of the Illinois program, the proposed amendment, a listing 
of any scheduled public hearings, 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 Springfield Field Office.

James F. Fulton, Director, Springfield Field Office, Office of Surface 
Mining Reclamation and Enforcement, 511 West Capitol, Suite 202, 
Springfield, Illinois 62704, Telephone: (217) 492-4495.
Illinois Department of Mines and Minerals, 300 West Jefferson Street, 
Suite 300, Springfield Illinois 62791, Telephone: (217) 782-4970.

FOR FURTHER INFORMATION CONTACT: James F. Fulton, Director, Springfield 
Field Office, Telephone: (217) 492-4495.

SUPPLEMENTARY INFORMATION:

I. Background on the Illinois Program

    On June 1, 1982, the Secretary of the Interior conditionally 
approved the Illinois program. Background information on the Illinois 
program, including the Secretary's findings, the disposition of 
comments, and the conditions of approval can be found in the June 1, 
1982, Federal Register (47 FR 23883). Subsequent actions concerning the 
conditions of approval and program amendments can be found at 30 CFR 
913.15, 913.16, and 913.17.

II. Description of the Proposed Amendment

    By letter dated March 3, 1995 (Administrative Record No. IL-1700), 
[[Page 15727]] Illinois submitted a proposed amendment to its program 
pursuant to SMCRA. Illinois submitted the proposed amendment at it own 
initiative. In accordance with 30 CFR 732.17(b), Illinois notified OSM 
that effective July 1, 1995, the Illinois Department of Mines and 
Minerals will cease to exist in name only. It will be redesignated the 
Office of Mines and Minerals.
    Specifically, the Illinois Department of Mines and Minerals will be 
merged into the new Illinois Department of Natural Resources by virtue 
of Executive Order Number 2 (1995) signed by the Governor of Illinois, 
on March 1, 1995. Article V, Section 11 of the Constitution of the 
State of Illinois authorizes the Governor to reassign functions among 
or reorganize executive agencies which are directly responsible to him 
in order to simplify the organizational structure of the Executive 
Branch, to improve accountability, to increase accessibility, and to 
achieve efficiency and effectiveness in operation.
    Executive Order Number 2 (1995) contains the following applicable 
provisions:
    Part I, paragraph C, provides that ``[t]he Department of Natural 
Resources shall have within it an Office of Mines and Minerals which 
shall be responsible for the functions previously vested in the 
Department of Mines and Minerals. . . .;
    Part II, paragraph C, transfers the Surface-Mined Land Conservation 
and Reclamation Act (225 ILCS 715/1 et seq.) [State Act for the initial 
program] and the Surface Coal Mining Land Conservation and Reclamation 
Act (225 ILCS 720.1.01 et seq.) [State Act for the permanent program] 
from the Department of Mines and Minerals to the Department of Natural 
Resources along with the rights, powers, and duties incidental to these 
Acts;
    In Part III, paragraph A abolishes the Department of Mines and 
Minerals, paragraph B abolishes the office of the Director of Mines and 
Minerals, and paragraph C transfer personnel previously assigned to the 
Department of Mines and Minerals to the Department of Natural 
Resources; and
    Part IV, paragraph F, provides that ``[t]his Executive Order shall 
not affect the legality of any rules in the Illinois Administrative 
Code that are in force on the effective date of this Executive Order 
that have been duly adopted by the agencies reorganized under this 
Order. As soon as practicable hereafter, the Department of Natural 
Resources * * * shall propose and adopt under the Illinois 
Administrative Procedure Act such rules as may be necessary to 
consolidate and clarify the rules of the various reorganized agencies 
that will now be administered by the successor agency.''

III. Public Comment Procedures

    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 Illinois program.

Written Comments

    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 Springfield Field Office 
will not necessarily be considered in the final rulemaking or included 
in the Administrative Record.

Public Hearing

    Persons wishing to speak at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., 
[C.S.T.] on April 11, 1995. The location and time of the hearing will 
be arranged with those persons requesting the hearing. If no one 
requests an opportunity to speak at the public hearing, the hearing 
will not be held.
    Filing of a written statement at the time of the hearing is 
requested as it will greatly assist the transcriber. Submission of 
written statements in advance of the hearing will allow OSM officials 
to prepare adequate responses and appropriate questions.
    The public hearing will continue on the specified date until all 
persons scheduled to speak have been heard. Persons in the audience who 
have not been scheduled to speak, and who wish to do so, will be heard 
following those who have been scheduled. The hearing will end after all 
persons scheduled to speak and persons present in the audience who wish 
to speak have been heard.

Public Meeting

    If only one person requests an opportunity to speak at a hearing, a 
public meeting, rather than a public hearing, may be held. Persons 
wishing to meet with OSM representatives to discuss the proposed 
amendment may request a meeting by contacting the persons listed under 
FOR FURTHER INFORMATION CONTACT.'' All such meetings will be open to 
the public and, if possible, notice of meetings will be posted at the 
locations listed under ADDRESSES. A written summary of each meeting 
will be made a part of the Administrative Record.
    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.

IV. Procedural Determinations

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).

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, to the extent allowed by law, 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 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.

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(c)(C) of the National Environmental Policy Act (42 U.S.C. 
4332(2)(C)).

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.).
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 [[Page 15728]] under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.).
    The State submittal which 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 913

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 16, 1995.
Ronald C. Recker,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 95-7439 Filed 3-24-95; 8:45 am]
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