[Federal Register Volume 62, Number 106 (Tuesday, June 3, 1997)]
[Rules and Regulations]
[Page 30232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14392]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 870

RIN 1029-AB49


Abandoned Mine Land Reclamation Fund Reauthorization 
Implementation; Partial Suspension

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

ACTION: Final rule; suspension.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
of the U.S. Department of the Interior is suspending its regulation at 
30 CFR 870.17. The regulation governs the scope of audits conducted in 
connection with OSM's abandoned mine land reclamation program. The 
regulation is being suspended pending new rulemaking.

EFFECTIVE DATE: The suspension notice is effective June 3, 1997.

FOR FURTHER INFORMATION CONTACT:
Jim Krawchyk, Division of Compliance Management, Office of Surface 
Mining Reclamation and Enforcement, 3 Parkway Center, Pittsburgh, PA 
15220. Telephone 412-921-2676. E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background
II. Procedural Matters

I. Background

    On November 5, 1990, the President signed into law the Omnibus 
Budget Reconciliation Act of 1990, Public Law 101-508. Included in this 
law was the Abandoned Mine Reclamation Act of 1990 (AMRA) which amended 
the Surface Mining Control and Reclamation Act of 1977 (SMCRA), 30 
U.S.C. 1201 et seq. On May 31, 1994, OSM published final regulations in 
the Federal Register (59 FR 28136) implementing the provisions of AMRA. 
The final regulations included a revision of 30 CFR 870.17 which 
specifies who may conduct audits and whose records may be examined. The 
revision, utilizing the authority in sections 201(c), 402(d)(2) and 
413(a) of SMCRA, expanded the scope of section 870.17 to cover the 
records of all persons involved in a coal transaction, including 
permittees, operators, brokers, purchasers, and persons operating 
preparation plants and tipples, and any recipient of royalty payments 
from the coal mining operation.
    In July 1994, the National Coal Association and the American Mining 
Congress, predecessor organizations of the National Mining Association 
(NMA), filed suit challenging the regulations promulgated by OSM, 
specifically the scope of 30 CFR 870.17. On July 23, 1996, in National 
Mining Ass'n v. U.S. Department of the Interior, No. 94-1642 (D.D.C.), 
the United States District Court for the District of Columbia ruled in 
favor of OSM. NMA appealed the district court's decision to the United 
States Court of Appeals for the District of Columbia. After the parties 
engaged in court-ordered mediation, the Department of Justice, upon 
OSM's request, filed a motion to hold the case in abeyance pending new 
rulemaking to resolve the issues in dispute and the U.S. Court of 
Appeals granted the motion.
    Therefore, OSM is suspending section 870.17 and will propose 
rulemaking to reconsider its scope. During the period of suspension, 
OSM will continue to conduct audits of operators of surface coal mining 
operations, as necessary, under the provisions of section 402(d)(2) of 
SMCRA, and 30 CFR 870.16.

II. Procedural Matters

Executive Order 12866

    This suspension notice has been reviewed under the criteria of 
Executive Order 12866.

Regulatory Flexibility Act

    The Department of the Interior pursuant to the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq., certifies this suspension will 
not have a significant economic effect on a substantial number of small 
entities for the same reason that the promulgation of the rule in 1994 
did not have such an impact. The particular provision being suspended 
governs the scope of audits conducted by OSM and will have no economic 
impact on small entities.

National Environmental Policy Act

    This rule has been reviewed by OSM and it has been determined to be 
categorically excluded from the National Environmental Policy Act 
(NEPA) process in accordance with the Departmental Manual 516 DM 2, 
Appendix 1.10.

List of Subjects in 30 CFR Part 870

    Reporting and recordkeeping requirements, Surface mining, 
Underground mining.

    Dated: May 28, 1997.
Bob Armstrong,
Assistant Secretary for Land and Minerals Management.

    Accordingly, 30 CFR Part 870 is amended as set forth below.

PART 870--ABANDONED MINE RECLAMATION FUND--FEE COLLECTION AND COAL 
PRODUCTION REPORTING

    1. The authority citation for Part 870 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq., as amended; and Pub. L. 100-
34.


Sec. 870.17  [Suspended]

    2. Section 870.17 is suspended.

[FR Doc. 97-14392 Filed 6-2-97; 8:45 am]
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