[Federal Register Volume 61, Number 176 (Tuesday, September 10, 1996)]
[Proposed Rules]
[Pages 47722-47724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22967]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 906

[SPATS No. CO-030-FOR]


Colorado Regulatory Program

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

ACTION: Proposed rule; public comment period and opportunity for public 
hearing on proposed amendment.

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SUMMARY: Office of Surface Mining Reclamation and Enforcement (OSM) is 
announcing receipt of a proposed amendment to the Colorado regulatory 
program (hereinafter, the ``Colorado program'') under the Surface 
Mining Control and Reclamation Act of 1977 (SMCRA). The proposed 
amendment consists of revisions to Colorado's statutory provisions 
pertaining to (1) definitions, (2) development of rules no more 
stringent than SMCRA, (3) requirements for permit applications, (4) 
material damage resulting from subsidence caused by underground coal 
mining operations, (5) improvidently issued permits, (6) release of 
performance bonds, (7) entities and operations which are or are not 
subject to the requirements of the act, (8) authority to apply for 
funds the administration and fulfillment of the requirements of an 
abandoned mine reclamation program, and (9) creation of a Colorado coal 
mine subsidence protection program. to clarify ambiguities and improve 
operational efficiency.

DATES: Written comments must be received by 4:00 p.m., M.D.T., October 
10, 1996. If requested, a public hearing on the proposed amendment will 
be held on October 7, 1996. Requests to present oral testimony at the 
hearing must be received by 4:00 p.m., M.D.T., on September 25, 1996.

ADDRESSES:  Written comments should be mailed or hand delivered to 
James F. Fulton at the address listed below. Copies of the Colorado 
program, 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 Denver Field Division.

James F. Fulton, Chief, Denver Field Division, Office of Surface 
Mining Reclamation and Enforcement, 1999 Broadway, Suite 3320, 
Denver, Colorado 80202-5733
Michael B. Long, Director, Division of Minerals and Geology, 
Department of Natural Resources, 1313 Sherman St., Room 215, Denver, 
Colorado 80203, Telephone: (303) 866-3567

FOR FURTHER INFORMATION CONTACT:
 James F. Fulton, Telephone: (303) 844-1424.

SUPPLEMENTARY INFORMATION:

I. Background on the Colorado Program

    On December 15, 1980, the Secretary of the Interior conditionally 
approved the Colorado program. General background information on the 
Colorado program, including the Secretary's findings, the disposition 
of comments, and the conditions of approval of the Colorado program can 
be found in the December 15, 1980, Federal Register (45 FR 82173). 
Subsequent actions concerning Colorado's program and program amendments 
can be found at 30 CFR 906.11, 906.15, and 906.16.

II. Proposed Amendment

    By letters dated August 13 and 27, 1996, Colorado submitted a 
proposed amendment (administrative record No. CO-680) to its program 
pursuant to SMCRA (30 U.S.C. 1201 et seq.). Colorado submitted the 
proposed amendment at its own initiative. Colorado proposed to revise 
the following provisions of the Colorado Surface Coal Mining 
Reclamation Act, Colorado Revised Statutes (C.R.S.):
    C.R.S. 34-33-103(1), definition of ``Administrator,'' to mean the 
head of the Office of Mined Land Reclamation in the Division of 
Minerals and Geology in the Department of Natural Resources;
    C.R.S. 34-33-103(7), definition of ``Division,'' to mean the 
Division of Minerals and Geology in the Department of Natural 
Resources;
    C.R.S. 34-33-103(13.5), definition of ``Office,'' to mean the 
Office of Mined Land Reclamation;
    C.R.S. 34-33-103(14), the definition of ``Operator,'' to include 
any person who intends to remove more than two hundred and fifty tons 
of coal from coal mine waste disposal facilities;
    C.R.S. 34-33-103(21), the definition of ``Person,'' to include (1) 
an Indian Tribe conducting surface coal mining and reclamation 
operations outside Indian lands, and (2) any agency, unit, or 
instrumentality of Federal, State or local government, including any 
publicly owned utility or publicly owned corporation of Federal, State, 
or local government;
    C.R.S. 34-33-103(26)(a), the definition of ``Surface coal mining 
operations,'' to (1) include removal of coal from coal mine waste 
disposal facilities, and (2) delete the exemption for the extraction of 
coal incidental to the extraction of other minerals where coal does not 
exceed sixteen and two-thirds percent of the tonnage of minerals 
removed for purposes of commercial use or sale;

[[Page 47723]]

    C.R.S. 34-33-108 (1) and (2), concerning the authority of the Mined 
Land Reclamation Board (MLRB) to promulgate rules and regulations, to 
(1) state that Colorado rules and regulations shall be no more 
stringent than required to be as effective as the counterpart Federal 
regulations, unless MLRB makes a specific finding that either 
protection of the public safety or the environment requires a more 
stringent, and (2) provide ninety days prior to automatic repeal of a 
State rule after its counterpart Federal regulation has been repealed 
and allow, upon request, prior to repeal of the State rule, a rule-
making hearing;
    C.R.S. 34-33-110(4), concerning the requirement that an applicant 
file a copy of a permit application with the county clerk and recorder 
of the county where the operations are proposed to occur, to authorize 
MLRB to specify by rule any other public office;
    C.R.S. 34-33-115(1)(c), to allow an application for extension of 
the area covered by a permit, except incidental boundary revisions, to 
be made by an application for either a permit revision or a new permit;
    C.R.S. 34-33-121(2)(a) (II) and (III), by (1) adding the 
requirement for an operator, if there is material damage resulting from 
subsidence caused by underground coal mining operations, to either 
promptly repair the damage by rehabilitating, restoring, or replacing 
the damaged occupied residential dwelling and related structures or 
non-commercial building, or compensate the owner in the full amount of 
the diminution in value; and (2) stating that nothing in this section 
shall be construed to prohibit or interrupt underground coal mining 
operations (rather than the standard method of room and pillar mining);
    C.R.S. 34-33-123(13) (a) and (b), by adding language (1) that 
authorizes Colorado, when it determines that a permit has been 
improvidently issued, to implement remedial measures, including 
development of a cooperative plan with the permittee, imposition of a 
condition on the permit, or issuance of an order to the permittee to 
show cause why the permit should not be suspended or revoked; and, (2) 
that requires a show cause order to include the reasons for the finding 
that the permit was improvidently issued and to provide an opportunity 
for a public hearing;
    C.R.S. 34-33-125 (4) and (8), concerning bond release, to require 
that Colorado (1) provide written notification to the permittee of its 
proposed decision within sixty days from the date of the required bond 
release and evaluation, and (2) hold an informal conference to resolve 
written comments or objections on the request for bond release if the 
conference concludes by the sixtieth day following the required bond 
release inspection and evaluation;
    C.R.S. 34-33-127 and 34-33-129 (a) and (b), concerning entities or 
operations which must comply with Colorado's act, to (1) include any 
publicly owned corporation of the Federal government, (2) exempt the 
extraction of coal by a landowner for his own use from land owned or 
leased by such landowner, and (3) delete the exemption from the act for 
extraction of coal that effects 2-acres or less;
    C.R.S. 34-33-133(2)(a), concerning abandoned mine land reclamation, 
to provide full authority for Colorado to apply for money or other 
funds for the development, administration, and fulfillment of the 
requirements of an abandoned mine reclamation program; and
    C.R.S. 34-33-133.5 (1) and (2), by adding language that authorizes 
MLRB to issue rules and regulations to develop a Colorado mine 
subsidence protection program, assess and expend fees collected from 
participants who are insured under the program, and expend interest 
earned on such fee as necessary to defray administrative costs of the 
program.
    In addition, Colorado proposes editorial revisions throughout 
C.R.S. 34-33-104 through 126 to (1) replace the term ``division'' with 
the term ``office'' and (2) replace the terms ``he'' and ``his'' with 
gender neutral terms.

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 Colorado program.

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 Denver 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 4:00 p.m., 
M.D.T., on September 25, 1996. 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. 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 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 State regulatory programs and 
program amendments since each such program is drafted and

[[Page 47724]]

promulgated by a specific State, not by OSM. Under sections 503 and 505 
of SMCRA (30 U.S.C. 1253 and 1255) and the Federal regulations at 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.

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

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 State submittal that 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 counter part Federal regulations.

6. Unfunded Mandates

    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 906

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: September 3, 1996.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 96-22967 Filed 9-9-96; 8:45 am]
BILLING CODE 4310-05-M