[Federal Register Volume 60, Number 125 (Thursday, June 29, 1995)]
[Rules and Regulations]
[Pages 33723-33725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15968]



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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Parts 756, 902, 916, and 944


Navajo Nation, Hopi Tribe, Alaska, Kansas, and Utah Abandoned 
Mine Land Reclamation (AMLR) Plans and Alaska and Kansas Regulatory 
Programs

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

ACTION: Final rule; technical amendment.

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SUMMARY: OSM is making technical amendments to 30 CFR Chapter VII, 
Subchapters E and T. OSM is updating or adding addresses for the 
locations of the publicly available copies of the Navajo Nation, Hopi 
Tribe, Alaska, Kansas, and Utah AMLR plans and the Alaska and Kansas 
regulatory programs, correcting the codification of the section 
approving the Utah AMLR plan, and making other minor codification 
changes for consistency.

EFFECTIVE DATE: June 29, 1995.

FOR FURTHER INFORMATION CONTACT:
Leslie Stream, Branch of Environmental and Economic Analysis, Office of 
Surface Mining Reclamation and Enforcement, 1951 Constitution Ave., 
NW., Washington, DC 20240, Telephone: (202) 208-2840.

SUPPLEMENTARY INFORMATION:

I. Background

    Since July 1, 1994, the date of the most recent revision to Title 
30 of the Code of Federal Regulations (30 CFR Part 700 to End), OSM has 
become aware of changes that need to be made to the addresses of State, 
Tribe, and OSM offices involved in certain State and Tribe AMLR plans 
and to the addresses of State and OSM offices involved in certain State 
regulatory programs. OSM is updating or adding State, Tribe, and OSM 
addresses at 30 CFR Parts 756, 902, 916, and 944 to accurately indicate 
where copies of the Navajo Nation, Hopi Tribe, Alaska, Kansas, and Utah 
AMLR plans are available for public inspection and copying. Similarly, 
and in accordance with 30 CFR 732.11(a), OSM is updating State and OSM 
office addresses at 30 CFR Parts 902 and 916 to accurately indicate 
where copies of the Alaska and Kansas regulatory programs are available 
for public inspection and copying.
    OSM is also taking this opportunity to correct the codification of 
the paragraphs within section 30 CFR 944.20 approving the Utah AMLR 
plan. OSM is correcting the codification set forth in the Federal 
Register on September 27, 1994 (59 FR 49185, 49189).
    Lastly, to ensure consistency in the codification of certain AMLR 
plan and regulatory program sections, OSM is lettering certain 
paragraphs that were previously unlettered.

II. Procedural Matters

1. Administrative Procedure Act

    The minor revisions contained in this rulemaking are technical in 
nature. Accordingly, pursuant to 5 U.S.C. 553(b)(B), it has been 
determined that the notice and public comment procedures of the 
Administrative Procedure Act are unnecessary. For the same reason, it 
has been determined that in accordance with 5 U.S.C. 553(d), there is 
good cause to make the rule effective on the date of publication in the 
Federal Register.

2. 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).

3. 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. This rule (1) does not preempt any State, 
Tribal, or local laws or regulations; (2) has no retroactive effect; 
and (3) does not require administrative proceedings before parties may 
file suit in court challenging its provisions.

4. National Environmental Policy Act

    This rule has been reviewed by OSM and it has been determined to be 
categorically excluded from the National Environmental Policy Act 
(NEPA) process in accordance with the Departmental Manual (516 DM 2 
appendix 1.10) and the Council on Environmental Quality Regulations for 
Implementing the Procedural Provisions of NEPA (40 CFR 1507.3).

[[Page 33724]]


5. 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.).

6. 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.). 
This rule merely revises addresses contained in the regulations.
List of Subjects in 30 CFR Parts 756, 902, 916, and 944

    Abandoned mine land reclamation program, Indian lands, 
Intergovernmental relations, Surface mining, Underground mining.

    Dated: June 22, 1995.
Peter A. Rutledge,
Acting Regional Director, Western Regional Coordinating Center.

    For the reasons set forth in the preamble, Title 30, Chapter VII, 
Subchapters E and T of the Code of Federal Regulations are amended as 
set forth below:

PART 756--INDIAN TRIBE ABANDONED MINE LAND RECLAMATION PROGRAMS

    1. The authority citation for Part 756 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq. and Pub. L. 100-71.

    2. Section 756.13 is revised to read as follows:


Sec. 756.13  Approval of the Navajo Nation's Abandoned Mine Land Plan.

    The Navajo Nation's Abandoned Mine Land Plan as submitted in June 
1982, resubmitted in September 1983, and amended in February 1988, is 
approved effective May 16, 1988. Copies of the approved program are 
available at:
    (a) The Navajo Nation, Navajo Abandoned Mine Land Reclamation 
Department, Division of Natural Resources, Navajo Nation Inn--Office 
Complex, P.O. Box 1875, Window Rock, AZ 86515, Telephone: (520) 871-
7593.
    (b) Office of Surface Mining Reclamation and Enforcement, 
Albuquerque Field Office, 505 Marquette Ave., NW., Suite 1200, 
Albuquerque, NM 87102, Telephone: (505) 766-1486.
    3. Section 756.15 is revised to read as follows:


Sec. 756.15  Approval of the Hopi Tribe's Abandoned Mine Land 
Reclamation Plan.

    The Hopi Tribe's Abandoned Mine Land Reclamation Plan as submitted 
in July 1983, and amended in March and May 1988, is approved effective 
June 28, 1988. Copies of the approved plan are available at the 
following locations:
    (a) The Hopi Tribe, Hopi Abandoned Mine Land Program, Department of 
Natural Resources, Honahni Building, P.O. Box 123, Kykotsmovi, AZ 
86039, Telephone: (520) 734-2441.
    (b) Office of Surface Mining Reclamation and Enforcement, 
Albuquerque Field Office, 505 Marquette Ave., NW., Suite 1200, 
Albuquerque, NM 87102, Telephone: (505) 766-1486.

PART 902--ALASKA

    1. The authority citation for Part 902 continues to read as 
follows:

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

    2. Section 902.10 is revised to read as follows:


Sec. 902.10  State regulatory program approval.

    The Alaska State program as submitted on July 23, 1982, and as 
amended and clarified on December 13, 1982, and January 11, 1983, is 
approved effective May 2, 1983. Beginning on that date, the Alaska 
Department of Natural Resources shall be deemed the regulatory 
authority in Alaska for all surface coal mining and reclamation 
operations and all exploration operations on non-Federal and non-Indian 
lands. Only surface coal mining and reclamation operations on non-
Federal and non-Indian lands shall be subject to the provisions of the 
Alaska permanent regulatory program. Copies of the approved program are 
available at the following addresses:
    (a) Department of Natural Resources, Division of Mining and Water 
Management, 3601 C Street, Suite 800, Anchorage, AK 99503-5925, 
Telephone: (907) 762-2149.
    (b) Office of Surface Mining Reclamation and Enforcement, Casper 
Field Office, 100 East B Street, Room 2128, Casper, WY 82601-1918, 
Telephone: (307) 261-5776.
    3. Section 902.20 is revised to read as follows:


Sec. 902.20  Approval of Alaska Abandoned Mine Land Reclamation Plan.

    The Alaska Reclamation Plan, as submitted on August 17, 1983, is 
approved effective December 23, 1983. Copies of the approved plan are 
available at:
    (a) Department of Natural Resources, Division of Mining and Water 
Management, 3601 C Street, Suite 800, Anchorage, AK 99503-5925, 
Telephone: (907)762-2149.
    (b) Office of Surface Mining Reclamation and Enforcement, Casper 
Field Office, 100 East B Street, Room 2128, Casper, WY 82601-1918, 
Telephone: (307)261-5776.

PART 916--KANSAS

    1. The authority citation for Part 916 continues to read as 
follows:

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

    2. Section 916.10 is revised to read as follows:


Sec. 916.10  State regulatory program approval.

    The Kansas program as submitted on February 26, 1980, and amended 
on October 31, 1980, was conditionally approved effective January 21, 
1981. Beginning on that date, and continuing until July 1, 1988, the 
Kansas Mined Land Conservation and Reclamation Board was deemed the 
regulatory authority in Kansas for all surface coal mining and 
reclamation operations on non-Federal and non-Indian lands. Beginning 
on July 1, 1988, the Department of Health and Environment shall be 
deemed the regulatory authority, pursuant to the program transfer 
provisions of House Bill 3009 as signed by the Governor of Kansas on 
April 8, 1988. Copies of the approved program, as amended, are 
available at:
    (a) Kansas Department of Health and Environment, Bureau of 
Environmental Remediation, Surface Mining Section, 1501 South Joplin, 
P.O. Box 1418, Pittsburg, KS 66762, Telephone: (316)231-8615.
    (b) Office of Surface Mining Reclamation and Enforcement, Kansas 
City Field Office, 934 Wyandotte Street, Room 500, Kansas City, MO 
64105, Telephone: (816)374-6405.
    3. Section 916.20 is revised to read as follows:


Sec. 916.20  Approval of Kansas Abandoned Mine Land Reclamation Plan.

    The Kansas AMLR Plan as submitted on October 1, 1981, and as 
amended by Kansas Statute 49-428 on April 14, 1982, is hereby fully 
approved and all conditions prohibiting the funding of State AML 
construction grants are deleted. Copies of the approved Kansas AMLR 
plan are available at:
    (a) Kansas Department of Health and Environment, Bureau of 
Environmental Remediation, Surface Mining Section, 1501 South Joplin, 
P.O. Box 1418, Pittsburg, KS 66762, Telephone: (316)231-8615.
    (b) Office of Surface Mining Reclamation and Enforcement, Kansas 

[[Page 33725]]
    City Field Office, 934 Wyandotte Street, Room 500, Kansas City, MO 
64105, Telephone: (816)374-6405.

PART 944--UTAH

    1. The authority citation for Part 944 continues to read as 
follows:

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

    2. Section 944.20 is revised to read as follows:


Sec. 944.20  Approval of Utah Abandoned Mine Plan.

    The Utah Abandoned Mine Plan as submitted on February 9, 1983, and 
as subsequently revised, is approved effective June 3, 1983. Copies of 
the approved plan are available at:
    (a) Division of Oil, Gas and Mining, Department of Natural 
Resources, 3 Triad Center, Suite 350, 355 West North Temple, Salt Lake 
City, UT 84180-1203, Telephone: (801)538-5340.
    (b) Office of Surface Mining Reclamation and Enforcement, 
Albuquerque Field Office, 505 Marquette Avenue NW., Suite 1200, 
Albuquerque, NM 87102, Telephone: (505)766-1486.

[FR Doc. 95-15968 Filed 6-28-95; 8:45 am]
BILLING CODE 4310-05-M