[Federal Register Volume 62, Number 65 (Friday, April 4, 1997)]
[Notices]
[Pages 16177-16178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8601]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[WO-300-1990-00]


Intent to Prepare an Environmental Impact Statement for the 
Revision of the Surface Management Regulations--43 CFR 3809 for 
Operations Under the Mining Law of 1872, as Amended

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of intent and scoping.

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SUMMARY: The Bureau of Land Management (BLM) will prepare an 
Environmental Impact Statement (EIS) for the proposed revision of its 
regulations governing mining operations under the general mining laws. 
BLM invites comments and suggestions on the scope of the rulemaking and 
analysis. Specifically, BLM encourages the public to submit possible 
alternate language for the current definition of ``unnecessary or undue 
degradation'' and for current operational and reclamation requirements. 
We also ask that those who want to receive additional information send 
in a request to be placed on BLM's mailing list.

DATES: In order to be considered for preparation of the draft EIS, 
scoping comments are most useful if received on or before June 3, 1997. 
See the SUPPLEMENTARY INFORMATION section for the dates of scoping 
meetings.

ADDRESSES: Mail or hand-deliver written comments and requests to be put 
on the mailing list to Paul McNutt, 3809/EIS Team Leader, Bureau of 
Land Management, Nevada State Office, 850 Harvard Way, Reno, NV 89502-
2055. See the SUPPLEMENTARY INFORMATION section for the electronic 
access and filing address and for the locations of scoping meetings. 
Comments will be available for public review at the Harvard Way address 
from 7:45 a.m. to 4:15 p.m. Pacific time, Monday through Friday, 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Paul McNutt, (702) 785-6604 or via e-
mail: [email protected]. An alternate contact is Scott Haight, (406) 
538-7461 or via e-mail: [email protected]. Individuals who 
use a telecommunications device for the deaf may call the Federal 
Information Relay Service at 1-800-877-8339 between 8:00 a.m. and 8:00 
p.m. Eastern time, Monday through Friday, excluding Federal holidays.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

II. Background and Description of Information Solicited

I. Public Comment Procedures

    Your written comments should be specific; be confined to issues 
outlined in this notice; explain the reason for any recommended change; 
and where possible, reference the specific section or paragraph of the 
current regulations which you are addressing. BLM appreciates any and 
all comments, but those most useful and likely to influence decisions 
on the content of the EIS are those that either are supported by 
quantitative information or studies or include citations to and 
analyses of the applicable laws and regulations. BLM is particularly 
interested in receiving specific alternate language for existing 
regulations. Except for comments provided in electronic format, 
commenters should submit two copies of their written comments, where 
practicable. Comments received after the time indicated under the DATES 
section or at locations other than that listed in the ADDRESSES section 
will not necessarily be considered or included in the administrative 
record.

Electronic Access and Filing Address

    Commenters may transmit comments electronically via the Internet 
to: [email protected]. Please submit comments as an ASCII file and 
avoid the use of special characters or encryption. Please include your 
name and address in your message. If you do not receive a confirmation 
from the system that we have received your Internet message, contact 
Mr. McNutt directly at (702) 785-6604.

[[Page 16178]]

Meetings

    BLM will conduct scoping meetings on the following dates at the 
specified locations:

May 13--Cavanaugh's Inn at the Park, 303 N. River Drive, Spokane, WA
May 13--Colorado Room, Holiday Inn, 14707 W. Colfax Ave., Golden, CO
May 15--Pioneer Room, Carleson Center, 2010 Second Ave., Fairbanks, AK
May 15--Park Suite, Best Western Executive Park Hotel, 1100 North 
Central, Phoenix, AZ
May 20--Silver Legacy, 407 N. Virginia Street, Reno, NV
May 22--Pan American Room, Capitol Hilton, 16th and K Streets, NW, 
Washington, DC
May 28--Colonial Inn, 2301 Colonial Way, Helena, MT

    BLM will conduct separate afternoon and evening meetings at each 
location, except for the Washington, DC location where we will hold 
only an afternoon meeting beginning at 1:00 p.m. BLM will hold the 
afternoon meetings from 1:30 p.m. to 3:30 p.m. local time and the 
evening meetings from 7:00 p.m. to 9:00 p.m. local time at each 
location. In Helena, the afternoon meeting will begin at 2:00 p.m.; in 
Fairbanks, the afternoon meeting will begin at 3:00 p.m.
    The meeting sites for the public scoping meeting are accessible to 
individuals with disabilities. An individual with a disability who 
needs an accommodation to participate in the meeting (e.g., 
interpreting service, assistive listening device, or materials in 
alternative format) should notify the contact person listed in this 
notice at least two weeks before the scheduled meeting date. Although 
BLM will attempt to meet a request received after this date, the 
requested accommodation may not be available.

II. Background and Discussion of Information Solicited

    In a memorandum dated January 6, 1997, the Secretary of the 
Interior directed BLM to revise and update its Surface Management 
regulations (43 CFR part 3809) for operations under the Mining Law of 
1872, as amended (30 U.S.C. 22 et seq.). This is a resumption of a 
rules revision effort that commenced in 1991, but was suspended in 1993 
without publication of proposed rules, pending Congressional action 
that would have amended the Mining Law. Any regulatory changes would 
have been superseded and possibly incompatible with such legislative 
reform.
    While the proposal to undertake comprehensive revisions to the 
Surface Management regulations was on hold, BLM did move forward to 
complete and implement specific Surface Management regulatory 
revisions, including the following final rules: Use and Occupancy of 
Mining Claims (July 16, 1996, 61 FR 37116), and Bonding (February 28, 
1997, 62 FR 9093).
    In the Secretary's direction to the BLM, he identified several 
areas of concern with the existing regulations. These include:
    Definition of ``unnecessary or undue degradation.'' BLM 
contemplates revising the definition to more clearly require the use of 
``best available technology and practices,'' local or State ``best 
management practices,'' or other similar technology-based standards 
appropriate in the conduct of hardrock mining.
    Mining and reclamation performance standards. BLM currently does 
not have detailed performance addressing such areas as revegetation, 
contouring, and hydrology in the Surface Management regulations.
    Notice level operations. For many hardrock mining operations that 
disturb 5 acres or less, the existing Surface Management regulations do 
not require advance approval of a plan of operations by BLM. Instead, 
an operator must provide BLM a ``notice'' which completely describes 
the operation and measures to protect the environment at least 15 
calendar days before beginning activities on the site (43 CFR 3809.1-
3). The task force is expected to propose at least three alternative 
ways of addressing this issue. One alternative would be to require all 
those intending to conduct mining to submit a plan of operations and 
receive BLM's approval before commencing operations (elimination of 
notice-level operations). A second alternative would be to narrow the 
scope of the notice provision; for example in areas of environmental 
sensitivity an operator planning to disturb 5 acres or less would have 
to submit a plan of operations and receive BLM's approval before 
commencing operations. A third alternative would be to tighten up the 
current notice provisions to better protect the environment, such as by 
requiring more information from an operator, allowing BLM more time to 
review a notice, and providing greater penalties for not meeting the 
requirements of the notice provisions.
    Coordination with State regulatory programs. To ensure that the 
Federal Land Policy and Management Act's purpose of avoiding 
unnecessary or undue degradation is achieved, BLM would adopt rules 
that would minimize duplication and promote cooperation among 
regulators.
    Issues tentatively identified for analysis in the EIS include 
impacts to:

Air and water resources;
Soils, vegetation, and topography;
Threatened and endangered species;
Cultural resources;
Fish and wildlife;
Exploration and mining activities; and
Local and regional economies.

    Dated: March 31, 1997.
Bob Armstrong,
Assistant Secretary for Land and Minerals Management.
[FR Doc. 97-8601 Filed 4-3-97; 8:45 am]
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