[Federal Register Volume 63, Number 4 (Wednesday, January 7, 1998)]
[Proposed Rules]
[Pages 712-713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-307]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 918

[SPATS No. LA-015-FOR]


Louisiana Regulatory Program

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

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

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SUMMARY: OSM is announcing receipt of a proposed amendment to the 
Louisiana regulatory program (hereinafter the ``Louisiana program'') 
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). 
The proposed amendment consists of an addition of a definition for 
``replacement of water supply'' to the Louisiana Surface Mining 
Regulations. The amendment is intended to revise the Louisiana program 
to be consistent with the corresponding Federal regulations.
    This document sets forth the times and locations that the Louisiana 
program and proposed amendment to that program are available for public 
inspection, the comment period during which interested persons may 
submit written comments on the proposed amendment, and the procedures 
that will be followed regarding the public hearing, if one is 
requested.

DATES: Written comments must be received by 4:00 p.m., c.s.t, February 
6, 1998. If requested, a public hearing on the proposed amendment will 
be held on February 2, 1998. Requests to speak at the hearing must be 
received by 4:00 p.m., c.s.t. on January 22, 1998.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Michael C.Wolfrom, Director, Tulsa Field 
Office, at the address listed below.
    Copies of the Louisiana program, the proposed amendment, a listing 
of any scheduled public hearings, 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 Tulsa Field Office.
    Michael C. Wolfrom, Director, Tulsa Office, Office of Surface 
Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 470, 
Tulsa, Oklahoma 74135-6547, Telephone: (918) 581-6430.
    Department of Naturnal Resources, Office of Conservation, Injection 
and Mining Division, 625 N. 4th Street, P.O. Box 94275, Baton Rouge, LA 
70804-9275, Telephone: (504) 342-5540.

FOR FURTHER INFORMATION CONTACT:
Michael C. Wolfrom, Director, Tulsa Field Office, Telephone: (918) 581-
6430..

SUPPLEMENTARY INFORMATION:

I. Background on the Louisiana Program

    On October 10, 1980, the Secretary of the Interior conditionally 
approved the Louisiana program. General background information on the 
Louisiana program, including the Secretary's findings, the disposition 
of comments, and the conditions of approval of the Louisiana program 
can be found in the October 10, 1980, Federal Register (45 FR 67340). 
Subsequent actions concerning the Louisiana program and program 
amendments can be found at 30 CFR 918.15 and 918.16.

II. Description of the Proposed Amendment

    By letter dated December 4, 1997 (Administrative Record No. LA-
363), Louisiana submitted a proposed amendment to its program pursuant 
to SMCRA. Louisiana submitted the proposed amendment in response to a 
July 2, 1996, letter (Administrative

[[Page 713]]

Record No. 358) that OSM sent to Louisiana in accordance with 30 CFR 
732.17(c). Louisiana proposes to amend the Louisiana Surface Mining 
Regulations at section 105 by adding a definition for ``replacement of 
water supply.'' The full text of the proposed program amendment 
submitted by Louisiana is presented below.

    Replacement of water supply--with respect to protected water 
supplies contaminated, diminished, or interrupted by coal mining 
operations, provision of water supply on both a temporary and 
permanent basis equivalent to premining quantity and quality. 
Replacement includes provision of an equivalent water delivery 
system and payment of operation and maintenance costs in excess of 
customary and reasonable delivery costs for premining water 
supplies.
    a. Upon agreement by the permittee and the water supply owner, 
the obligation to pay such operation and maintenance costs may be 
satisfied by a one-time payment in an amount which covers the 
present worth of the increased annual operation and maintenance 
costs for a period agreed to by the permittee and the water supply 
owner.
    b. If the affected water supply was not needed or the land use 
in existence at the time of loss, contamination, or diminution, and 
if the supply is not needed to achieve the postmining land use, 
replacement requirements may be satisfied by demonstrating that a 
suitable alternative water source is available and could feasibly be 
developed. If the latter approach is selected, written concurrence 
must be obtained from the water supply owner.

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 Louisiana program.

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 Tulsa Field Office will 
not necessarily be considered in the final rulemaking or included in 
the Administrative Record.

Public Hearing

    Persons wishing to speak at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., 
c.s.t. on January 22, 1998. The location and time of the hearing will 
be arranged with those persons requesting the hearing. 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. If no one requests an opportunity to speak 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 speak have been heard. Persons in the audience who have not been 
scheduled to speak, and who wish to do so, will be heard following 
those who have been scheduled. The hearing will end after all persons 
scheduled to speak and persons present in the audience who wish to 
speak have been heard.

Public Meeting

    If only one person requests an opportunity to speak 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

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).

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, to the extent allowed by law, 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 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.

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)).

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.).

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 which 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.

Unfunded Mandates

    OSM has determined and certifies pursuant to the Unfunded Mandates 
Reform Act (2 U.S.C. 1502 et seq.) that this rule will not impose a 
cost of $100 million or more in any given year on local, state, or 
tribal governments or private entities.

List of Subjects in 30 CFR Part 918

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: December 30, 1997.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 98-307 Filed 1-6-98; 8:45 am]
BILLING CODE 4310-05-M