[Federal Register Volume 61, Number 227 (Friday, November 22, 1996)]
[Rules and Regulations]
[Pages 59332-59337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29840]


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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: Final rule; approval of amendment.

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SUMMARY: Office of Surface Mining Reclamation and Enforcement (OSM) is 
approving a proposed amendment to the Colorado regulatory program 
(hereinafter referred to as the ``Colorado program'') under the Surface 
Mining Control and Reclamation Act of 1977 (SMCRA). Colorado proposed 
revisions to and additions of statutes pertaining to definitions, 
development of rules no more stringent than SMCRA, requirements for 
permit applications, material damage resulting from subsidence caused 
by underground coal mining operations, improvidently issued permits, 
release of performance bonds, entitles and operations subject to the 
requirements of the Colorado Surface Coal Mining Reclamation Act, 
authority to apply for funds for the administration and fulfillment of 
the requirements of an abandoned mine reclamation program, and creation 
of a Colorado mine subsidence protection program. The amendment revised 
the State program to clarify ambiguities and improve operational 
efficiency.

EFFECTIVE DATE: November 22, 1996.

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 906.15, 906.16, and 906.30.

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.
    OSM announced receipt of the proposed amendment in the September 
10, 1996, Federal Register (61 FR 47722), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on its adequacy (administrative record No. CO-680-2). 
Because no one requested a public hearing or meeting, none was held. 
The public comment period ended on October 10, 1996.

III. Director's Findings

    As discussed below, the Director, in accordance with SMCRA and 30 
CFR 732.15 and 732.17, finds that the proposed program amendment 
submitted by Colorado on August 13 and 27, 1996, is no less stringent 
than SMCRA. Accordingly, the Director approves the proposed amendment.

1. Substantive Revisions to the Colorado Revised Statutes (C.R.S.) That 
Are Substantively Identical to the Corresponding Provisions of SMCRA

    Colorado proposed revisions to the Colorado Surface Coal Mining 
Reclamation Act, C.R.S., that are substantive in nature and contain 
language that is substantively identical to the requirements of the 
corresponding Federal SMCRA provisions (listed in parentheses).
    C.R.S. 34-33-127 (section 534 of SMCRA), concerning public 
agencies, public utilities, and public corporations which are subject 
to the requirements of Colorado's Act, and
    C.R.S. 34-33-129(1)(a) (section 528(1) of SMCRA), concerning the 
exemption from the requirements of Colorado's Act for the extraction of 
coal by a landower for his own use.
    Becuse these proposed Colorado statutes are substantively identical 
to the corresponding provisions of SMCRA, the Director finds that they 
are no less stringent than SMCRA. The Director approves these proposed 
statutes.

2. C.R.S. 34-33-103 (1), (7), and (13.5), Definitions of 
``Administrator,'' ``Division,'' and ``Office''

    Colorado revised the definitions of ``Administrator'' and 
``Division'' at C.R.S. 34-33-103 (1) and (7) to mean, respectively, the 
``head of the Office of Mined Land Reclamation in the Division of 
Minerals and Geology'' and ``Division of Minerals and Geology.'' 
Colorado added the definition of ``Office'' at C.R.S. 34-33-1-3 (13.5) 
to mean the ``Office of Mined Land Reclamation.'' In addition, Colorado 
proposed 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. 
Colorado proposed these revisions in accordance with a May 1992 
reorganization of the regulatory authority, which did not result in 
significant changes in staffing and resources.
    The Federal definition of ``State regulatory authority'' at section 
701(26) of SMCRA means ``the department or agency in each State which 
has primary responsibility at the State level for administering this 
Act.''
    Because the proposed Colorado definition clearly defines the agency 
and positions responsible at the State level for implementing the State 
counterpart to SMCRA, the Director finds that Colorado's proposed 
definitions of ``Administrator,'' ``Division,'' and ``Office'' at 
C.R.S. 34-33-103(1), (7), and (13.5), and related editorial revisions 
are consistent with and no less stringent than the definition of 
``State regulatory authority'' at section 701(26) of SMCRA. Therefore, 
the Director approves the proposed definitions and other editorial 
revisions.

3. C.R.S. 34-33-103(14), (21), and (26), Definitions of ``Operator,'' 
``Person,'' and ``Surface Coal Mining Operations''

a. C.R.S. 34-33-103(14) and (26), Definitions of ``Operator,'' and 
``Surface Coal Mining Operations''
    Colorado revised, at C.R.S. 34-33-103(14) and (26), respectively, 
the definitions of ``Operator'' and ``Surface coal mining operations'' 
to include removal of coal from ``coal mine waste.'' Colorado revised 
the definition of ``Surface coal mining operations'' to delete the 
exemption for the extraction of coal incidental to the extraction of 
other minerals. Colorado also proposed deletion of an extraneous use of 
the term ``removal'' from the definition for ``Surface coal mining 
operations.'' Colorado's proposed definitions of ``Operator'' and 
``Surface coal mining

[[Page 59333]]

operations'' are, with two exceptions, substantively identical to the 
counterpart Federal definitions of ``Operator'' and ``Surface coal 
mining operations'' at section 701(13) and (28) of SMCRA.
    The first exception concerns Colorado's inclusion of the removal of 
coal from coal mine waste in the definitions of ``Operation'' and 
``Surface coal mining operations.'' The corresponding Federal 
definitions of ``Operator'' and ``Surface coal mining operations'' do 
not include the removal of coal from coal mine waste.
    With respect to the first exception, the Federal regulations at 30 
CFR 701.5 define ``surface coal mining activities'' to include recovery 
of coal from a deposit that is not in its original geologic location. 
Colorado has the same definition in its program at Rule 104(131). 
Colorado's proposed revisions to include recovery of coal from coal 
mining waste in both definitions add clarity and consistency to 
Colorado's program.
    The second exception concerns Colorado's deletion from the 
definition for ``Surface coal mining operations'' of the exemption for 
the extraction of coal incidental to the extraction of other minerals. 
The Federal definition of ``Surface coal mining operations'' includes 
the exemption for the extraction of coal incidental to the extraction 
of other minerals.
    With respect to the second exception, Colorado stated that because 
it has never received a request concerning an exemption for the 
extraction of coal incidental to the extraction of other minerals, nor 
has it investigated a mining operation where coal was being extracted 
but was not the primary objective, Colorado concluded that the 
exemption was not warranted. Colorado's deletion of this exemption does 
not cause its program to be less stringent than SMCRA.
    Colorado's deletion of the extraneous term ``removal'' from the 
definition for ``Surface coal mining operations'' is nonsignificant and 
editorial in nature and does not cause the definition to be less 
stringent than the Federal definition.
    Based on the above discussion, the Director finds that Colorado's 
proposed definitions of ``Operator'' and ``Surface coal mining 
operations'' at C.R.S. 34-33-103(14) and (26) are consistent with and 
no less stringent than the definitions of ``Operator'' and ``Surface 
coal mining operations'' in SMCRA at section 701(13) and (28), and the 
definition of ``surface coal mining activities'' at 30 CFR 701.5. 
Therefore, the Director approves the definitions.
b. C.R.S. 34-33-103(21), Definition of ``Person''
    Colorado proposed at C.R.S. 34-33-103(21) to revise its statutory 
definition of ``person'' to include (1) Indian Tribes conducting 
surface coal mining and reclamation operations outside Indian lands and 
(2) publicly-owned utilities or corporations.
    Colorado's proposed definition of ``person'' is substantively 
identical to the Federal definition of ``Person'' at section 701(19) of 
SMCRA with the following exception. The Federal definition does not 
specifically address Indian Tribes conducting operations on non-Indian 
lands and publicly-owned utilities or corporations, but it does 
incorporate such entities into its definition through the use of the 
phrase ``or other business organization.'' However, the Federal 
definition of ``person'' at 30 CFR 700.5 does include an ``Indian tribe 
when conducting surface coal mining and reclamation operations on non-
Indian lands.''
    Based on the above discussion, the Director finds that Colorado's 
proposed clarification of its definition of ``Person'' at C.R.S. 34-33-
103(21) is consistent with and no less stringent than the Federal 
definition of ``Person'' at section 701(19) of SMCRA, and approves the 
definition.

4. C.R.S. 34-33-108, Rules No More Stringent Than SMCRA

    Colorado proposed to revise C.R.S. 34-33-108(1) to require that 
rules and regulations promulgated pursuant to its Act shall be no more 
stringent than required to be as effective as SMCRA and the Federal 
regulations. Colorado proposed to revise C.R.S. 34-33-108(2) to (1) 
require automatic repeal of a State regulation within ninety, rather 
than sixty, days after the corresponding Federal law, rule, or 
regulation is repealed, deleted, or withdrawn, and (2) allow, upon 
request, a rulemaking hearing prior to such repeal.
    Section 503 of SMCRA requires that State programs be in accordance 
with the requirements of SMCRA and include rules that are consistent 
with the regulations issued by the Secretary pursuant to SMCRA. 
However, the Federal regulations at 30 CFR 730.5 define ``consistent 
with and in accordance with'' to mean, with regard to SMCRA, that the 
State laws and regulations are no less stringent than, meet the minimum 
requirements of, and include all applicable provisions, and, with 
regard to the Federal regulations, that the State laws and regulations 
are no less effective than the Secretary's regulations in meeting the 
requirements of SMCRA.
    Proposed C.R.S. 34-33-108(1), which requires that Colorado's rules 
and regulations shall be no more stringent than required to be as 
effective as SMCRA and the Federal regulations, is consistent with and 
no less stringent than section 503 of SMCRA and the Federal regulations 
at 30 CFR 701.5. Proposed C.R.S. 34-33-108(2), which has no counterpart 
in the Federal program, provides an additional 30 days before the 
automatic repeal of Colorado's rules corresponding to Federal 
regulations that have been repealed, deleted, or withdrawn and provides 
the opportunity for a person to request a rulemaking hearing regarding 
the automatic repeal. While the existing provision was not inconsistent 
with section 503 of SMCRA, both revisions provide greater opportunity 
for public input concerning Colorado's rulemaking procedures.
    Based on the above discussion, the Director finds that proposed 
C.R.S. 34-33-108(1) and (2) are no less stringent than section 503 of 
SMCRA, and approves them.

5. C.R.S. 34-33-110(4), Requirements for Permit Applications

    Colorado proposed to revise C.R.S. 34-33-110(4) by adding the 
requirement that a permit application be filed with any public office 
identified in regulations promulgated pursuant to its Act. Colorado's 
existing Rule 2.07.3(4)(a) requires that an applicant to file a copy of 
the permit application in the courthouse of the county where the mining 
is proposed to occur.
    Section 507(e) of SMCRA requires that a permit application be filed 
at an appropriate public office approved by the regulatory authority 
where the mining is proposed to occur.
    Colorado's proposed C.R.S. 34-33-110(4), in conjunction with Rule 
2.07.3(4)(a), is substantively identical to the requirement at section 
507(e) of SMCRA. Therefore, the Director finds that Colorado's proposed 
section 34-33-110(4) is consistent with and no less stringent than 
section 507(e) of SMCRA, and approves the proposed revision.

6. C.R.S. 34-33-115(1)(c), Application for Extension of Area Covered by 
an Existing Permit by Permit Revision

    Colorado proposed to revise C.R.S. 34-33-115(1)(c) to require that 
a permittee apply for an extension of the area (other than incidental 
boundary changes) covered by the permit by application for either a 
permit revision or new permit. Colorado's existing Rule 2.08.4(1)(d) 
requires that a permit

[[Page 59334]]

revision shall be obtained ``for any extensions to the area covered by 
a permit, except for incidental boundary revisions.''
    Section 511(a) of SMCRA requires that applications for extension of 
the area covered by the permit, except incidental boundary revisions, 
must be made by application for a new permit.
    The procedural requirements of Colorado's Rule 2.07, including 
public notice and opportunity for a public hearing, are the same for 
permit revision and new permit applications, and Colorado stated that 
all informational requirements applicable to new permits would also be 
applicable to permit revisions when they involve an extension of area 
to be covered by a permit other than an incidental boundary change 
(finding No. 11, 61 FR 26792, 26796, May 29, 1996; administrative 
record No. CO-675-16).
    Based on the above discussion, the Director finds that proposed 
C.R.S. 34-33-115(1)(c) is no less stringent than section 511(a) of 
SMCRA, and approves the proposed revision.

7. C.R.S. 34-33-121(2)(a), Surface Effects of Underground Mining

    Colorado proposed to revise C.R.S. 34-33-121(2)(a) by adding, at 
paragraph (2)(a)(II), requirements for mitigation of subsidence-caused 
material damage to any occupied residential dwelling and related 
structures or any noncommerical building. The proposed mitigation could 
occur by means of rehabilitation, replacement, or compensation. 
(Existing paragraph (a)(I) requires operators to adopt measures 
consistent with known technology in order to prevent subsidence from 
causing material damage to the extent technologically and economically 
feasible, maximize mine stability, and maintain the value and 
reasonably foreseeable use of such surface lands, except in those 
instances where the mining technology used requires planned subsidence 
in a predictable and controlled manner.)
    Proposed C.R.S. 34-33-121(2)(a)(II) is, with one exception, 
consistent with the requirements of section 720 of SMCRA regarding 
mitigation of subsidence-caused material damage to occupied residential 
dwellings or non-commercial structures and drinking, domestic, or 
residential water supplies.
    The exception is that proposed C.R.S. 34-33-121(2)(a)(II) does not 
include the requirement in section 720 of SMCRA to ``promptly replace 
any drinking, domestic, or residential water supply from a well or 
spring in existence prior to the application for a surface coal mining 
and reclamation permit, which has been affected by contamination, 
diminution, or interruption resulting from underground coal mining 
operations.''
    With respect to the exception concerning replacement of drinking, 
domestic, or residential water supplies, proposed C.R.S. 34-33-
121(2)(a)(II) is less stringent than section 720 of SMCRA. Therefore, 
to be no less stringent than section 720 of SMCRA, Colorado must revise 
its Act to require permittees for underground coal mining operations 
conducted after October 24, 1992, to promptly replace any drinking, 
domestic, or residential water supply from a well or spring in 
existence prior to the application for a surface coal mining and 
reclamation permit, which has been affected by contamination, 
diminution, or interruption resulting from underground coal mining 
operations.
    OSM, on June 5, 1996, sent Colorado a 30 CFR Part 732 letter 
(administrative record No. CO-679) concerning the need to revise its 
program to address the requirements for repair of subsidence-caused 
damages at section 720 of SMCRA. By letter dated August 5, 1996 
(administrative record No. CO-681), Colorado stated that it would 
submit further revisions to its approved program to address the 
requirements of section 720 of SMCRA and the Federal regulations at 30 
CFR 817.121.
    Because OSM has notified Colorado of its obligation to revise its 
approved program concerning subsidence-caused damages, and Colorado has 
agreed to submit a future program amendment, OSM will not at this time 
require an amendment specific to the replacement of drinking, domestic, 
or residential water supplies. In the meantime, there will be joint 
Federal (OSM) and State (Colorado) enforcement of any subsidence-caused 
damages to a ``drinking, domestic, or residential water supply'' as 
defined in the Federal regulations at 30 CFR 701.5 (60 FR 38491, July 
27, 1995; administrative record No. CO-671).
    Based on the above discussion, the Director, with the exception 
concerning Colorado's lack of a provision specific to subsidence-caused 
material damage to drinking, domestic, or residential water supplies, 
approves proposed C.R.S. 34-33-121(2)(a)(II).

8. C.R.S. 34-33-123(13) (a) and (b), Enforcement of Improvidently 
Issued Permits

    Colorado proposed to revise C.R.S. 34-33-123(13) (a) and (b) to 
provide statutory authority that will allow Colorado to draft rules 
that are counterpart to the Federal regulations at 30 CFR 773.20 and 
773.21, concerning enforcement of improvidently issued permits. The 
proposed statutory provision in paragraph (a) states that when 
Colorado, based on criteria established in its rules, which must be no 
less effective than the criteria in 30 CFR 773.20, finds that it has 
improvidently issued a permit, it shall implement remedial measures set 
forth in its rule, which must be no less effective than 30 CFR 773.20. 
Furthermore, proposed paragraph (b) states that when an order to show 
cause is issued pursuant to this section, the order shall include the 
reasons for the finding that the permit was improvidently issued, and 
shall provide opportunity for a public hearing to be held in accordance 
with C.R.S. 34-33-124, and pursuant to such rules and regulations 
Colorado may adopt. The proposed statutory provision in paragraph (b) 
specifies that rules adopted pursuant to this section shall be no less 
effective than the Federal regulations at 30 CFR 773.21.
    Section 510(c) of SMCRA precludes issuance of a permit where any 
surface coal mining operation owned or controlled by the applicant is 
in violation of SMCRA until the applicant submits proof that such 
violation has been corrected or is in the process of being corrected to 
the satisfaction of the regulatory authority. Colorado's proposed 
provision at C.R.S. 34-33-123(13)(b) for a public hearing is no less 
effective than the requirement at 30 CFR 773.20(c)(2), concerning 
remedial measures, for the ``opportunity to request administrative 
review of the notice under 43 CFR 4.1370 through 4.1377.''
    Colorado's proposed revision of C.R.S. 34-33-123(13) (a) and (b) is 
consistent with section 510(c) of SMCRA and contains no language that 
is less effective than the requirements at 30 CFR 773.20 and 773.21. 
Therefore, the Director finds that proposed C.R.S. 34-33(13) (a) and 
(b) is no less stringent than section 510(c) of SMCRA and approves the 
revision.

9. C.R.S. 34-33-125 (4) and (8), Release of Performance Bonds

    Colorado proposed to revise C.R.S. 34-33-125 (4) and (8) to, 
respectively, (1) allow sixty rather than thirty days from the date of 
completion of the bond release inspection and evaluation for Colorado 
to provide written notification to the permittee of its proposed 
decision to release or not release all or part of the performance bond 
and (2) condition the provision for an informal conference concerning 
the bond release by stating that the conference must conclude by

[[Page 59335]]

the sixtieth day following the bond release and inspection evaluation.
    With respect to proposed C.R.S. 34-33-125(4), section 519(b) of 
SMCRA requires that the regulatory authority notify the permittee in 
writing of its decision regarding the bond release request within sixty 
days from the filing of the request, or within thirty days after a 
public hearing on the request when one is held.
    Because the SMCRA deadline is procedural, OSM can evaluate 
Colorado's counterpart provision under a ``same as or similar to'' 
standard in determining whether a proposed State procedure is 
consistent with and in accordance with SMCRA. The only difference in 
the procedure is an extra thirty days, which increases the amount of 
time for the regulatory authority to carry out its review 
responsibilities and does not prejudice a permittee's right to due 
process. For these reasons, OSM considers the extra 30 days to be 
reasonable and finds that Colorado's procedure itself is similar to the 
procedural requirements of section 519(b) of SMCRA.
    With respect to proposed C.R.S. 34-33-125(8), section 519(g) of 
SMCRA provides that the regulatory authority may establish an informal 
conference as provided in section 513 to resolve written objections to 
a proposed bond release. Section 513(b) of SMCRA provides that, if 
written objections are filed and an informal conference requested, the 
regulatory authority shall then hold an informal conference in the 
locality of the proposed mining, if requested within a reasonable time 
of the receipt of such objections or request.
    Colorado's exiting Rule 3.03.2(4)(c), concerning an informal 
conference that is held to resolve written comments or objections to a 
bond release, specifies that the conference must be held within 30 days 
from the date of the notice (of requested bond release that is 
published in a newspaper) and must conclude by the sixtieth day 
following the bond release inspection and evaluation.
    Colorado's proposed C.R.S. 34-33-125(8) conditions the allowance 
for the informal conference on it's conclusion within 60 days following 
the bond release and inspection evaluation, but Colorado's Rule 
3.03.2(4)(c) clearly provides, within a reasonable time frame, for an 
informal conference concerning a decision to release or not release a 
performance bond.
    Based on the above discussion, the Director finds that Colorado's 
proposed C.R.S. 34-33-125 (4) and (8) are consistent with and no less 
effective than sections 519 (b) and (g) of SMCRA, and approves the 
proposed revisions.

10. C.R.S. 34-33-129(1)(b), Deletion of the Exemption from the 
Requirements of Colorado's Act for Coal Extraction Affecting 2 Acres or 
Less

    As originally codified, Colorado, at C.R.S. 34-33-129(1)(b), 
excluded from regulation those coal extraction operations affecting 2 
acres or less. Similarly, as originally enacted, section 528(2) of 
SMCRA exempted from the requirements of SMCRA all coal extraction 
operations affecting 2 acres or less. However, on May 7, 1987, the 
President signed Public Law 100-34, which repealed the section 528(2) 
exemption and preempted any acreage-based exemptions included in State 
laws or regulations.
    The amendment under consideration in this rulemaking removed the 
language of C.R.S. 34-33-129(1)(b) preempted by Public Law 100-34. The 
Director finds that C.R.S. 34-33-129(1)(b), as revised by this 
amendment, is no less stringent than section 528 of SMCRA and approves 
it. Removal of the acreage-based exemption from the Colorado Surface 
Coal Mining Reclamation Act will avoid confusion on the part of the 
public, which may not be aware of the Federal preemption.

11. C.R.S. 34-33-133(2), Authorization to Collect Funds for the 
Abandoned Mine Reclamation Plan

    Colorado proposed to revise C.R.S. 34-33-133(2)(a) to provide 
statutory authority for the State regulatory authority to apply for, 
receive, and expend grant moneys to not only develop but also to 
administer and fulfill the requirements of the abandoned mine 
reclamation program.
    Although there is no direct counterpart to proposed C.R.S. 34-33-
133(2)(a), it is consistent with section 405(b) of SMCRA which requires 
development of a State Reclamation Plan and annual projects to carry 
out the purposes of the abandoned mined land reclamation program, and 
with section 705(a) of SMCRA that authorizes the Secretary to make 
annual grants to States in developing, administering, and enforcing 
State programs under SMCRA. Colorado's provision at proposed C.R.S. 34-
33-133(2)(a) uses the term ``fulfillment'' rather than ``enforcement.'' 
This term is appropriate in the context of the abandoned mined land 
reclamation program under Title IV of SMCRA.
    For these reasons, the Director finds that proposed C.R.S. 34-33-
133(2)(a) is no less stringent than sections 405(b) and 705(a) of 
SMCRA, and approves the proposed revision.

12. C.R.S. 34-33-133.5(1) and (2), Colorado Coal Mine Subsidence 
Protection Program

    Colorado proposed C.R.S. 34-33-133.5(1) and (2) to provide 
statutory authority for Colorado to assess and expend fees collected 
from participants who are insured under the subsidence protection 
program, and expend interest earned on such fees as necessary to defray 
administrative costs of the program.
    Although there is no direct counterpart in SMCRA, section 401(c)(1) 
of SMCRA provides that moneys in the abandoned mined land reclamation 
program may be used to establish a self-sustaining, individual State-
administered program to insure private property against damages caused 
by land subsidence resulting from underground coal mining. The Federal 
regulation at 30 CFR 887.12(a) provides that an agency may use moneys 
granted under the abandoned mined land reclamation program to develop, 
administer, and operate a subsidence insurance program to insure 
private property against damages caused by subsidence resulting from 
underground coal mining. The Federal regulation at 30 CFR 887.12(e) 
requires that insurance premiums shall be considered program income and 
must be used to further eligible subsidence insurance program 
objectives. Therefore, the subsidence insurance program is intended to 
be self-generating and after an initial OSM grant, no further grant 
money will be available. The allowance to assess fees and use them to 
defray administrative costs is in accordance with the Uniform 
Administrative Requirements for Grants to States and Local Governments, 
OMB, Circular A-102, attachment E, as well as sections I-420-10A, B6, 
and C4 of OSM's Federal Assistance Manual.
    The Director finds that proposed C.R.S. 34-33-133.5(1) and (2) are 
consistent with and no less stringent than section 401(c)(1) of SMCRA 
and no less effective than the Federal regulations at 30 CFR 887.12(a) 
and (e). The Director approves proposed C.R.S. 34-33-133.5(1) and (2).

IV. Summary and Disposition of Comments

    Following are summaries of all substantive written comments on the 
proposed amendment that were received by OSM, and OSM's responses to 
them.

1. Public Comments

    OSM invited public comments on the proposed amendment, but none 
were received.

[[Page 59336]]

2. Federal Agency Comments

    Pursuant to 732.17(h)(11)(i), OSM solicited comments on the 
proposed amendment from various Federal agencies with an actual or 
potential interest in the Colorado program.
    The U.S. Army Corps of Engineers responded on October 1, 1996, that 
it found the changes to be satisfactory (administrative record No. CO-
680-3).
    The U.S. Forest Service responded on October 9, 1996, that it had 
no comments (administrative record No. CO-680-4).

3. Environmental Protection Agency (EPA) Concurrence and Comments

    Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to solicit 
the written concurrence of EPA with respect to those provisions of the 
proposed program amendment that relate to air or water quality 
standards promulgated under the authority of the Clean Water Act (33 
U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).
    None of the revisions that Colorado proposed to make in its 
amendment pertain to air or water quality standards. Therefore, OSM did 
not request EPA's concurrence.
    Pursuant to 732.17(h)(11)(i), OSM solicited comments on the 
proposed amendment from EPA (administrative record No. CO-680-1). It 
did not respond to OSM's request.

4. State Historic Preservation Officer (SHPO) and the Advisory Council 
on Historic Preservation (ACHP)

    Pursuant to 30 CFR 732.17(h)(4), OSM solicited comments on the 
proposed amendment from the SHPO and ACHP (administrative record No. 
CO-680-1). Neither SHPO nor ACHP responded to OSM's request.

V. Director's Decision

    Based on the above findings the Director approves Colorado's 
proposed amendment as submitted on August 13 and 27, 1996.
    The Director approves, as discussed in:
    Finding No. 1, C.R.S. 34-33-127, entities subject to the 
requirements of Colorado's Act, and C.R.S. 34-33-129(1)(a), 
requirements of Colorado's Act for the extraction of coal by a 
landowner for his own use, concerning revisions that are substantively 
identical to the corresponding provisions of SMCRA;
    Finding No. 2, C.R.S. 34-33-103 (1) and (7), concerning the 
definitions of ``Administrator'' and ``Division'';
    Finding No. 3.a, C.R.S. 34-33-103 (14) and (26), concerning the 
definitions of ``Operator'' and ``Surface coal mining operations'';
    Finding No. 3.b, C.R.S. 34-33-103(21), concerning the definition of 
``Person'';
    Finding No. 4, C.R.S. 34-33-108(1), concerning rules and 
regulations promulgated pursuant to its Act which shall be no more 
stringent than required to be as effective as SMCRA and the Federal 
regulations, and C.R.S. 34-33-108(2) concerning automatic repeal of a 
State regulation within ninety days after the corresponding Federal 
law, rule, or regulation is repealed, deleted, or withdrawn, and 
allowance, upon request, for a rule-making hearing prior to such 
repeal;
    Finding No. 5, C.R.S. 34-33-110(4), concerning requirements for 
permit applications;
    Finding No. 6, C.R.S. 34-33-115(1)(c), concerning applications for 
extension of area covered by an existing permit by a permit revision;
    Finding No. 7, C.R.S. 34-33-121(2)(a)(II), concerning requirements 
for mitigation of subsidence-caused material damage to any occupied 
residential dwelling and related structures or any noncommercial 
building;
    Finding No. 8, C.R.S. 34-33-123(13) (a) and (b), concerning 
enforcement of improvidently issued permits;
    Finding No. 9, C.R.S. 34-33-125 (4) and (8), concerning release of 
performance bonds;
    Finding No. 10, C.R.S. 34-33-129(1)(b), concerning the deletion of 
the exemption from the requirements of Colorado's Act for coal 
extraction affecting 2 acres or less;
    Finding No. 11, C.R.S. 34-33-133(2), concerning authorization to 
collect funds for the abandoned mine reclamation plan; and
    Finding No. 12, C.R.S. 34-33-133.5 (1) and (2), concerning 
Colorado's coal mine subsidence protection program.
    The Federal regulations at 30 CFR Part 906, codifying decisions 
concerning the Colorado program, are being amended to implement this 
decision. This final rule is being made effective immediately to 
expedite the State program amendment process and to encourage States to 
bring their programs into conformity with the Federal standards without 
undue delay. Consistency of State and Federal standards is required by 
SMCRA.

VI. 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 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 determind that this rule will 
not have a significant economic impact on a substantial number of small 
entities uner 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 counterpart Federal regulations.

[[Page 59337]]

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: October 22, 1996.
Russell F. Price,
Acting Regional Director, Western Regional Coordinating Center.

    For the reasons set out in the preamble, Title 30, Chapter VII, 
Subchapter T of the Code of Federal Regulations is amended as set forth 
below:

PART 906--COLORADO

    1. The authority citation for part 906 continues to read as 
follows:

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

    2. Section 906.15 is amended by adding paragraph (v) to read as 
follows:


Sec. 906.15  Approval of regulatory program amendments.

* * * * *
    (v) The following revised statutes, as submitted to OSM on August 
13 and 27, 1996, are approved effective November 22, 1996:
    C.R.S. 34-33-103 (1), (7), (14), (21), and (26), definitions of 
``Administrator,'' ``Division,'' ``Operator,'' ``Person,'' and 
``Surface coal mining operations;''
    C.R.S. 34-33-108(1), rules and regulations promulgated pursuant to 
its Act which shall be no more stringent than required to be as 
effective as SMCRA and the Federal regulations;
    C.R.S. 34-33-108(2), automatic repeal of a State regulation within 
ninety days after the corresponding Federal law, rule, or regulation is 
repealed, deleted, or withdrawn, and allowance, upon request, for a 
rule-making hearing prior to such repeal;
    C.R.S. 34-33-110(4), requirements for permit applications;
    C.R.S. 34-33-115(1)(c), applications for extension of area covered 
by an existing permit by a permit revision;
    C.R.S. 34-33-121(2)(a)(II), requirements for mitigation of 
subsidence-caused material damage to any occupied residential dwelling 
and related structures or any noncommercial building;
    C.R.S. 34-33-123(13) (a) and (b), enforcement of improvidently 
issued permits;
    C.R.S. 34-33-125 (4) and (8), release of performance bonds;
    C.R.S. 34-33-127, entities subject to the requirements of 
Colorado's Act;
    C.R.S 34-33-129(1)(a), requirements of Colorado's Act for the 
extraction of coal by a landowner for his own use;
    C.R.S. 34-33-129(1)(b), deletion of the exemption from the 
requirements of Colorado's Act for coal extraction affecting 2-acres or 
less;
    C.R.S. 34-33-133(2), authorization to collect funds for the 
abandoned mine reclamation plan; and
    C.R.S. 34-33-133.5 (1) and (2), coal mine subsidence protection 
program.

[FR Doc. 96-29840 Filed 11-21-96; 8:45 am]
BILLING CODE 4310-05-M