[Federal Register Volume 62, Number 164 (Monday, August 25, 1997)]
[Rules and Regulations]
[Pages 44899-44900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22416]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 934

[ND-036-FOR, Amendment No. XXIV]


North Dakota Regulatory Program

AGENCY: The 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 North Dakota regulatory program 
(hereinafter, the ``North Dakota program'') under the Surface Mining 
Control and Reclamation Act of 1977 (SMCRA). North Dakota proposed 
deletions of statutes pertaining to the North Dakota Reclamation 
Research Advisory Committee. The amendment revised the North Dakota 
program to improve operational efficiency.

EFFECTIVE DATE: August 25, 1997.

FOR FURTHER INFORMATION CONTACT: Guy Padgett, Casper Field Office 
Director, Telephone: (307) 261-6550, Internet address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the North Dakota Program

    On December 15, 1980, the Secretary of the Interior conditionally 
approved the North Dakota program. General background information on 
the North Dakota program, including the Secretary's findings, the 
disposition of comments, and the conditions of approval of the North 
Dakota program can be found in the December 15, 1980, Federal Register 
(45 FR 82214). Subsequent actions concerning North Dakota's program and 
program amendments can be found at 30 CFR 934.15, 934.16, and 934.30.

II. Proposed Amendment

    By letter dated May 2, 1997, North Dakota submitted a proposed 
amendment to its program (amendment No. XXIV, administrative record No. 
ND-Y-01) pursuant to SMCRA (30 U.S.C. 1201 et seq.). North Dakota 
submitted the proposed amendment at its own initiative. The provisions 
of the North Dakota Century Code (NDCC) that North Dakota proposed to 
delete were: NDCC 38-14.1-04.1, Reclamation Research Advisory 
Committee; NDCC 38-14.1-04.2, advisory committee responsibilities; and 
NDCC 38-14.1-04.3, reclamation research objectives.
    OSM announced receipt of the proposed amendment in the June 5, 
1997, Federal Register (62 FR 30800), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on its adequacy (administrative record No. ND-Y-06). 
Because no one requested a public hearing or meeting, none was held. 
The public comment period ended on July 7, 1997.

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 North Dakota on May 2, 1997, is not inconsistent with 
SMCRA. Accordingly, the Director approves the proposed amendment.

NDCC 38-14.1-04.1, 2, and 3, Reclamation Research Advisory Committee; 
Advisory Committee Responsibilities; Reclamation Research Objectives

    These actions established the Reclamation Research Advisory 
Committee, enumerated its responsibilities, and listed its objectives. 
As stated in the narrative that accompanied this State Program 
Amendment, the Committee was set up to review and inventory reclamation 
research projects that have been conducted in North Dakota, and to 
review and recommend proposed research projects that would be funded 
and administrated by the Public Service Commission. Through the 
Committee, the Public Service Commission has carried out the reviews 
and inventories of reclamation research projects that have been carried 
out in North Dakota. With the closing of the North Dakota State 
University's Land Reclamation Research Center in Mandan and with very 
few other active reclamation research projects in the state, there is 
no longer a need for updating this inventory in the future. In 
addition, except for a few abandoned mined land research projects that 
were completed with Federal funds, no funds have been available to the 
Commission for carrying out reclamation research and no funds are 
anticipated for Commission funded reclamation research in the future. 
Since there is no longer a need for the committee, the North Dakota 
Legislative voted, and the Governor signed, legislation to repeal the 
provisions establishing it. Since the provisions concerning the 
Reclamation Research Advisory Committee have no counterpart in SMCRA, 
repealing the provisions is not inconsistent with SMCRA.

IV. Summary and Disposition of Comments

    Following are summaries of all 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.
2. Federal Agency Comments
    Pursuant to 30 CFR 732.17(h)(11)(i), OSM solicited comments on the 
proposed amendment from various Federal agencies with an actual or 
potential interest in the North Dakota program.
    The U.S. Fish and Wildlife Service responded on June 25, 1997, that 
it believed the proposed changes by North Dakota are logical and 
reasonable (administrative record No. ND-Y-02).
    The U.S. Army Corps of Engineers responded on June 24, 1997, that 
it concurs with the elimination of the committee (administrative record 
number ND-Y-04).
3. Environmental Protection Agency (EPA) Concurrence and Comments
    Pursuant to 30 CFR 732.17(h)(11)(i), OSM solicited comments from 
EPA (administrative record No. ND-Y-05). It responded June 26, 1997, 
with a ``no comment'' letter (administrative record No. ND-Y-03).
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. 
ND-Y-05). Neither SHPO nor ACHP responded to OSM's request.

V. Director's Decision

    Based on the above finding, the Director approves North Dakota's 
proposed amendment as submitted on May 2, 1997. The Director approves, 
as discussed in the Director's Finding Section, deletion of NDCC 38-
14.1-04.1, Reclamation Research Advisory Committee; NDCC 38-14.1-04.2, 
Advisory Committee Responsibilities; and NDCC 38-14.1-04.3, Reclamation 
Research Objectives.
    The Federal regulations at 30 CFR Part 934, codifying decisions 
concerning the North Dakota program, are being

[[Page 44900]]

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 States 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 counterpart 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 934

    Intergovernmental relations, Surface mining.

    Dated: August 5, 1997.
Richard J. Seibel,
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 934--NORTH DAKOTA

    1. The authority citation for part 934 continues to read as 
follows:

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

    2. Section 934.15 is amended in the table by adding a new entry in 
chronological order by ``Date of Final Publication'' to read as 
follows:


Sec. 934.15  Approval of North Dakota regulatory program amendments.

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    Original amendment submission date             Date of final publication             Citation/description   
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                                               *                                                                
May 2, 1997..............................  August 25, 1997.........................  NDCC 38-14.1-04.1, .2, .3  
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[FR Doc. 97-22416 Filed 8-22-97; 8:45 am]
BILLING CODE 4310-05-M