[Federal Register Volume 61, Number 99 (Tuesday, May 21, 1996)]
[Proposed Rules]
[Pages 25425-25426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12726]



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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 934
[ND-033-FOR]

North Dakota Abandoned Mine Land Reclamation Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; reopening and extension of public comment period 
on proposed amendment.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is announcing receipt of additional explanatory information pertaining 
to a previously proposed amendment to the North Dakota abandoned mine 
land reclamation (AMLR) plan (hereinafter, the ``North Dakota plan'') 
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). 
The additional explanatory information for North Dakota's proposed 
statute and plan provisions pertain to contractor eligibility and sole-
source procurement procedures and policies. 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 4:00 p.m., m.d.t., June 20, 
1996.
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) 261-6555, Internet address: 
[email protected].

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 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 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), and at its own initiative. The 
provisions of the North Dakota plan that North Dakota proposed to add 
or revise were: 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 chart.

    OSM announced receipt of the proposed amendment in the October 16, 
1995, Federal Register (60 FR 53564), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on its adequacy (administrative record No. ND-X-05). 
Because no one requested a public hearing or meeting, none was held. 
The public comment period ended on November 15, 1995.

    During its review of the amendment, OSM identified concerns 
relating to (1)

[[Page 25426]]

the powers and duties of the Commission at NDCC 38-14.2-03(14), 
concerning the eligibility of successful bidders to receive AMLR 
contracts and (2) procurement procedures at section IV. C. 5 of the 
North Dakota plan provisions, concerning noncompetitive negotiation 
(sole-source procurement) when emergency or severe time constraints 
preclude issuing a formal request for proposals. OSM notified North 
Dakota of the concerns by letter dated December 7, 1995 (administrative 
record No. ND-X-04). North Dakota responded in a letter dated April 30, 
1996, be submitting additional explanatory information (administrative 
record No. ND-X-09).
    North Dakota proposes additional explanatory information for NDCC 
38-14.2-03(14), contractor responsibility, in the form of a policy that 
provides guidelines to govern the selection of successful bidders for 
AMLR contracts, and section IV. C. 5 of its plan provisions, 
procurement procedures, in the form of a statement concerning sole-
source procurement.
    Specifically, North Dakota proposes to add a policy statement that 
requires a background search of successful bidders for AMLR contracts, 
provides the criteria to be used in determining the eligibility of the 
successful bidder under 30 CFR 773.15(b)(1) at the time of contract 
award, limits the award of the AMLR contract to a successful bidder who 
meets the criteria used to determine eligibility, and provides that the 
eligibility determination will be made through OSM's Applicant/Violator 
System for each AMLR contract to be awarded. North Dakota also proposes 
that the Federal regulation at 43 CFR 12.76(d)(4)(i)(B), which is cited 
in OSM's December 7, 1995, issue letter, and implements one part of the 
Office of Management and Budget (OMB) Circular A-102 (commonly known as 
the ``Common Rule''), does not apply to States and that States are 
required to abide by 43 CFR 12-76(a) only.

III. Public Comment Procedures

    OSM is reopening the comment period on the proposed North Dakota 
plan amendment to provide the public an opportunity to reconsider the 
adequacy of the proposed amendment in light of the additional materials 
submitted. In accordance with the provisions of 30 CFR 884.15(a), OSM 
is seeking comments on whether the proposed amendment satisfies the 
applicable plan approval criteria of 30 CFR 884.14. If the amendment is 
deemed adequate, it will become part of the North Dakota plan.
    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.

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 12988

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 (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 determination 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 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 
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.

6. Unfunded Mandates Reform Act

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 934

    Abandoned mine reclamation programs, Intergovernmental relations, 
Surface mining, Underground mining.

    Dated: May 9, 1996.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 96-12726 Filed 5-20-96; 8:45 am]
BILLING CODE 4310-05-M