[Federal Register Volume 60, Number 199 (Monday, October 16, 1995)]
[Proposed Rules]
[Pages 53564-53565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25558]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 934
[ND-033]
North Dakota Abandoned Mine Land Reclamation (AMLR) Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: OSM is announcing receipt of a proposed amendment to the North
Dakota AMLR plan (hereinafter, the ``North Dakota plan'') under the
Surface Mining Control and Reclamation Act of 1977 (SMCRA). The
proposed amendment consists of addition of a contractor eligibility
statutory provision, revision of procurement and contract procedures,
revision of procurement and contract policies, and revision of the
State agency organizational structure. The amendment is intended to
revise the North Dakota plan to meet the requirements of the
corresponding Federal regulations and to improve operational
efficiency.
DATES: Written comments must be received by 4 p.m., m.d.t., November
15, 1995. If requested, a public hearing on the proposed amendment will
be held on November 13, 1995. Requests to present oral testimony at the
hearing must be received by 4 p.m., m.d.t., October 31, 1995.
ADDRESSES: Written comments should be mailed or hand delivered to Guy
Padgett at the address listed below.
Copies of the North Dakota plan, the proposed amendment, and all
written comments received in response to this document will be
available for public review at the addresses listed below during normal
business hours, Monday through Friday, excluding holidays. Each
requester may receive one free copy of the proposed amendment by
contacting OSM's Casper Field Office.
Guy Padgett, Director, Casper Field Office, Office of Surface Mining
Reclamation and Enforcement, 100 East B Street, Room 2128, Casper,
Wyoming 82601-1918
Louis A. Ogaard, Director, AML Division, Public Service Commission,
Capitol Building, Bismarck, ND 58505-0165
FOR FURTHER INFORMATION CONTACT:
Guy Padgett, Telephone: (307) 261-5776.
SUPPLEMENTARY INFORMATION:
I. Background on the North Dakota Plan
On December 23, 1981, the Secretary of the Interior approved the
North Dakota plan. General background information on the North Dakota
plan, including the Secretary's findings and the disposition of
comments, can be found in the December 23, 1981, Federal Register (46
FR 62253). Subsequent actions concerning North Dakota's plan and plan
amendments can be found at 30 CFR 934.25.
II. Proposed Amendment
By letter dated September 20, 1995, North Dakota submitted a
proposed amendment to its plan (administrative record No. ND-X-02)
pursuant to SMCRA (30 U.S.C. 1201 et seq.). North Dakota submitted the
proposed amendment at its own initiative and in response to a September
26, 1994, letter (administrative record No. ND-X-01) that OSM sent to
North Dakota in accordance with 30 CFR 884.15(b). The provisions of its
North Dakota plan that North Dakota proposes to add and/or revise are:
North Dakota Century Code (NDCC) 38-14.2-03(14), powers and duties of
the Commission; procurement procedures; contract procedures; policy 2-
01-81(5), procurement policy and contract policy; and State agency
organizational structure.
Specifically, North Dakota proposes to add to its statute at NDCC
38-14.2-03(14) a requirement that:
Every successful bidder for an AML contract must be eligible
based on available information concerning Federal and State failure-
to-abate cessation orders, unabated Federal and State imminent harm
cessation orders, delinquent civil penalties issued pursuant to
Section 518 of the Surface Mining Control and Reclamation Act of
1977, bond forfeitures where violations upon which the forfeitures
were based have not been corrected, delinquent abandoned mine
reclamation fees, and unabated violations of Federal and State laws,
rules, and regulations pertaining to air or water environmental
protection incurred in connection with any surface coal mining
operation.
North Dakota proposes to rename its ``Procurement Policy'' as
``Procurement Procedures'' and make various revisions in:
Section II, definitions and miscellaneous policy provisions, at
subsection E, contract execution; subsection H, contractor selection;
subsection I, final report; subsection K, preference; subsection M,
procurement officer;
Section III, Public Service Commission and public contractor code
of conduct, at subsection B, gifts; and
Section IV, procurement procedural requirements, at subsection B,
procurement procedures; subsection C, method of procurement; subsection
D, unsolicited proposal.
In the ``Procurement Procedures,'' North Dakota also proposes to
add appendices at: A, evaluation criteria for request for proposals/
competitive negotiations; B, sample scoring system for competitive
negotiation type contracts; C, procedures for competitive contract
negotiations; D, procedures for sole source procurement; and E,
checklist for work statement (specific provisions) contracts and
requests for proposals.
North Dakota proposes to rename its ``Contract Policy'' as
``Contract Procedures'' and make various revisions in:
Section II, checklist for negotiating contracts; and
Section III, standard contract provisions, at subsection B,
construction contracts.
In the ``Contract Procedures,'' North Dakota also proposes to add
appendices at: A, sample close-out letter to contractor; B, sample
contract transmittal letter; C, sample detailed budget sheet for cost
reimbursable contracts; D, checklist for negotiating contracts; E,
Public Service Commission contract numbering system; F, conflict of
interest disclaimer; G, checklist for work statement (specific
provisions) contracts and request for proposals; and H, certification
of payment to employees, suppliers, and subcontractors.
North Dakota proposes to revise policy 2-02-81(5), Public Service
Commission contract policy and procurement policy.
Lastly, North Dakota submitted a revised organizational chart for
the Public Service Commission. The chart indicates that 5.3 employees
are devoted to abandoned mine lands.
[[Page 53565]]
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 884.15(a), OSM is
seeking comments on whether the proposed amendment satisfies the
applicable plan approval criteria of 30 CFR 884.14. In the amendment is
deemed adequate, it will become part of the North Dakota plan.
1. 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 Casper Field Office will not
necessarily be considered in the final rulemaking or included in the
administrative record.
2. Public Hearing
Persons wishing to testify at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., m.d.t.,
October 31, 1995. Any disabled individual who has need for a special
accommodation to attend a public hearing should contract the individual
listed under FOR FURTHER INFORMATION CONTRACT. The location and time of
the hearing will be arranged with those persons requesting the hearing.
If no one requests an opportunity to testify 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 testify have been heard. Persons in the audience
who have not been scheduled to testify, and who wish to do so, will be
heard following those who have been scheduled. The hearing will end
after all persons scheduled to testify and persons present in the
audience who wish to testify have been heard.
3. Public Meeting
If only one person requests an opportunity to testify 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 person listed under
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the
public and, if possible, notices 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.
IV. Procedural Determinations
1. Executive Order 12866
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866 (Regulatory Planning and
Review).
2. Executive Order 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 (Civil Justice Reform) and has
determined that this rule meets the applicable standards of subsections
(a) and (b) of that section. However, these standards are not
applicable to the actual language of Tribe or State AMLR plans and
revisions thereof since each such plan is drafted and promulgated by a
specific Tribe or State, not by OSM. Decisions on proposed Tribe or
State AMLR plans and revisions thereof submitted by a Tribe or State
are based on a termination of whether the submittal meets the
requirements of Title IV of SMCRA (30 U.S.C. 1231-1243) and the
applicable Federal regulations at 30 CFR parts 884 and 888.
3. National Environmental Policy Act
No environmental impact statement is required for this rule since
agency decisions on proposed Tribe or State AMLR plans and revisions
thereof are categorically excluded from compliance with the National
Environmental Policy Act (42 U.S.C. 4332) by the Manual of the
Department of the Interior (516 DM 6, appendix 8, paragraph 8.4B(29)).
4. Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
5. Regulatory Flexibility Act
The Department of the Interior has determined that this rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The Tribe or State submittal which is the subject of this rule is based
upon Federal regulations from 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
established by SMCRA or previously promulgated by OSM will be
implemented by the Tribe or State. In making the determination as to
whether this rule would have a significant economic impact, the
Department relied upon the data and assumptions in the analyses for the
corresponding Federal regulations.
List of Subjects in 30 CFR Part 934
Abandoned mine reclamation programs, Intergovernmental relations,
Surface mining, Underground mining.
Dated: September 27, 1995.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 95-25558 Filed 10-13-95; 8:45 am]
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