[Federal Register Volume 63, Number 67 (Wednesday, April 8, 1998)]
[Proposed Rules]
[Pages 17138-17142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9173]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 944

[SPATS No. UT-037-FOR]


Utah Regulatory Program

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

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

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is announcing receipt of a proposed amendment to the Utah regulatory 
program (the ``Utah program'') under the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA). Utah's amendment includes proposed 
changes in requirements for subsidence control plans, subsidence 
control, and water replacement in context of the definitions, 
engineering, and hydrology parts of the Utah Administrative Rules (Utah 
Admin. R.) at R645 et seq.
    The amendment is intended to revise the Utah program to be 
consistent with the corresponding Federal regulations and improve 
operational efficiency.

DATES: Written comments must be received by 4 p.m., m.d.t. May 8, 1998. 
If requested, a public hearing on the proposed amendment will be held 
on May 4, 1998. Requests to present oral testimony at the hearing must 
be received by 4 p.m., m.d.t. on April 23, 1998.

ADDRESSES: Written comments should be mailed or hand delivered to James 
F. Fulton at the address listed below.

    Copies of the Utah program, the proposed amendment, 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 
Denver Field Division.

James F. Fulton, Chief, Denver Field Division, Office of Surface Mining 
Reclamation and Enforcement, 1999 Broadway, Suite 3320, Denver, 
Colorado 80202-5733, Telephone: (303) 844-1424
Lowell P. Braxton, Acting Director, Division of Oil, Gas and Mining, 
1594 West North Temple, Suite 1210, P.O. Box 145801, Salt Lake City, 
Utah 84114-5801, Telephone: (801) 538-5340

FOR FURTHER INFORMATION CONTACT: James F. Fulton, Chief, Denver Field 
Division, Telephone: (303) 844-1424.

SUPPLEMENTARY INFORMATION:

I. Background on the Utah Program

    On January 21, 1981, the Secretary of the Interior conditionally 
approved the Utah program. General background information on the Utah 
program, including the Secretary's findings, the disposition of 
comments, and the conditions of approval of the Utah program can be 
found in the January 21, 1981, Federal Register (46 FR 5899). 
Subsequent actions concerning Utah's program and program amendments can 
be found at 30 CFR 944.15, 944.16 and 944.30.

II. Proposed Amendments

    By letter dated March 20, 1998, (administrative record No. UT-1103) 
Utah submitted a proposed amendment (SPATS No. UT-037-FOR, 
administrative record No. 1105) to its program pursuant to SMCRA (30 
U.S.C. 1202 et seq.). Utah submitted the proposed amendment in response 
to a June 5, 1996, letter (administrative record No. UT-1083) that OSM 
sent to Utah in accordance with 30 CFR 732.17(c), and at its own 
initiative.
    The proposed amendment consists of revisions to and additions of 
rules pertaining to: adding definitions for ``material damage'', ``non-
commercial building'', ``occupied residential dwelling and structures 
related thereto'', ``replacement of water supply'', and ``state 
appropriated water supply'' at R645-100-200; adding requirements at 
R645-301-525.100 through 525.130 for pre-subsidence surveys; removing 
existing requirements for subsidence control plans at R645-301-525 
through 525.170; redesignating rules at R645-301-525.200 through 
525.240 pertaining to protected areas; removing existing requirements 
for subsidence control at R645-301-525.200 through 525.232; adding 
requirements at R645-301-525.300 through 525.490 for subsidence control 
and subsidence control plans; adding requirements for subsidence damage 
repair at R645-301-525.500 through 525.530; adding a rebuttable 
presumption of causation by subsidence at R645-301-525.540 through 
525.545; adding provisions at R645-301-525.550 for adjusting bond 
amounts for subsidence damage; redesignating rules at R645-301-525.600 
and 525.700 requiring compliance with approved subsidence control plans 
and public notice of proposed mining; removing existing requirements 
for aquifer surveys at R645-301-724.600; adding provision at R645-301-
728.350 for finding whether underground coal mining and reclamation 
activities might contaminate, diminish or interrupt State-appropriated 
water; and adding a requirement at R645-301-731.530 for replacing 
State-appropriated water supplies that are contaminated, diminished, or 
interrupted by underground coal mining activities.

Proposed Definition Changes

    Specifically, the State proposes to add five definitions to its 
rules. Definitions the State proposes to add in R645-100-200 are: 
``material damage''; ``non-commercial building''; ``occupied 
residential dwelling and structures related thereto''; ``replacement of 
water

[[Page 17139]]

supply''; and ``state appropriated water supply.''
    Utah proposes to defined ``material damage'' for the purposes of 
R645-301-525 (Subsidence Control Plan) as

(a) any functional impairment of surface lands, features, structures 
or facilities; (b) any physical change that has a significant 
adverse impact on the affected land's capability to support any 
current or reasonably foreseeable uses or causes significant loss in 
production or income; or (c) any significant change in the 
condition, appearance or utility of any structure or facility from 
its pre-subsidence condition.

    ``Non-commercial building'' as defined in the proposed amendment 
means

any building, other than an occupied residential dwelling, that, at 
the time the subsidence occurs, is used on a regular or temporary 
basis as a public building or community or institutional building as 
those terms are defined at R645-100-200. Any building used only for 
commercial agricultural industrial, retail or other commercial 
enterprises is excluded.

    Utah's proposed definition of ``occupied residential dwelling and 
structures related thereto'' for the purposes of R634-301 (Coal Mine 
Permitting: Permit Application Requirements) is

any building or other structure that, at the time the subsidence 
occurs, is used either temporarily, occasionally, seasonally, or 
permanently for human habitation. This term also includes any 
building, structure or facility installed on, above or below, or a 
combination thereof, the land surface if that building, structure or 
facility is adjunct to or used in connection with an occupied 
residential dwelling. Examples of such structures include, but are 
not limited to, garages; storage sheds and barns; greenhouses and 
related buildings; utilities and cables; fences and other 
enclosures; retaining walls; paved or improved patios, walks and 
driveways; septic sewage treatment facilities; and lot drainage and 
lawn and garden irrigation systems. Any structure used only for 
commercial agricultural, industrial, retail or other commercial 
purposes is excluded.

    The term ``replacement of water supply'' as proposed in Utah's 
amendment means

with respect to State-appropriated water supplies contaminated, 
diminished, or interrupted by coal mining and reclamation 
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 for 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.

    Lastly, Utah's proposed definition of ``state appropriate water 
supply'' means

State-created water rights which are recognized under the provision 
of the Utah Code.

Proposed Changes for Engineering Information About Subsidence To Be 
Included in a Permit Application

    Utah proposes to revise its rules at R645-301-525 et seq., which 
are the requirements for engineering information to be included in a 
permit application. The proposed amendment would add requirements for 
subsidence control and subsidence control plans and revise existing 
requirements.
(a) Proposed Requirements for Pre-Subsidence Surveys
    The State proposes at R645-301-525 to establish requirements for 
subsidence control plans. At R645-301-525.100, Utah proposes to add the 
requirement that each application for underground coal mining and 
reclamation activities include a pre-subsidence survey. Proposed R645-
301-525.110 requires a

* * * map of the permit and adjacent areas at a scale of 1:12,000, 
or larger if determined necessary by the Division [of Oil, Gas and 
Mining, ``the Division''], showing the location and type of 
structures and renewable resource lands that subsidence may 
materially damage or for which the value or reasonably foreseeable 
use may be diminished by subsidence, and showing the location and 
type of State-appropriated water that could be contaminated, 
diminished, or interrupted by subsidence.

    Proposed R645301-525.120 requires

[a] narrative indicating whether subsidence, if it occurred, could 
cause material damage to or diminish the value or reasonably 
foreseeable use of such structures or renewable resource lands or 
could contaminate, diminish, or interrupt State-appropriated water 
supplies.

    Utah proposes at R645-310-525.130 to require the pre-subsidence 
survey to include

[a] survey of the condition of all non-commercial buildings or 
occupied residential dwellings and structures related thereto, that 
may be materially damaged or for which the reasonably foreseeable 
use may be diminished by subsidence, within the area encompassed by 
the applicable angle of draw; as well as a survey of the quantity 
and quality of all State-appropriated water supplies within the 
permit area and adjacent area that could be contaminated, 
diminished, or interrupted by subsidence. If the applicant cannot 
make this survey because the owner will not allow access to the 
site, the applicant will notify the owner, in writing, of the effect 
that denial of access will have as described in R645-301-525. The 
applicant must pay for any technical assessment or engineering 
evaluation used to determine the pre-mining condition or value of 
such non-commercial buildings or occupied residential dwellings and 
structures related thereto and the quantity and quality of State-
appropriated water supplies. The applicant must provide copies of 
the survey and any technical assessment or engineering evaluation to 
the property owner and to the Division.

    The State proposes to remove existing provisions for subsidence 
control plans at R645.525 through 525.170 as a result of the proposed 
addition of the subsidence plans requirements described in the 
preceding two paragraphs.
    Utah also proposes to add the heading ``Protected areas'' at R645-
301-525.200 and to redesignate the following eight sections 
R645.525.210 through 525.240. These rules apply to areas that 
underground coal mining and reclamation activities will not be 
conducted under or adjacent to. The State also proposes to remove the 
existing provisions for subsidence control at R645.525.200 through 
525.232.
(b) Proposed Subsidence Control Measures
    Utah also proposes to add requirements for subsidence control at 
R645-301-525.300 and the subject heading ``Measures to prevent or 
minimize damage'' at 525.310. As proposed at R645-301-525.311,

[t]he permittee will either adopt measures consistent with known 
technology that 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 
surface lands or adopt mining technology that provides for planned 
subsidence in a predictable and controlled manner.

    Proposed R645-301-525.312 requires that,

[i]f a permittee employs mining technology that provides for planned 
subsidence in a predictable and controlled manner, the permittee 
must take necessary and prudent measures, consistent with the mining 
method employed, to minimize material damage to the extent 
technologically and economically feasible to non-commercial 
buildings and

[[Page 17140]]

occupied residential dwellings and structures related thereto except 
that measures required to minimize material damage to such 
structures are not required if:
525.312.1  The permittee has the written consent of their owners or
525.312.2  Unless the aniticipated damage would constitute a threat 
to health or safety, the costs of such measures exceed the 
anticipated costs of repair.

    Utah's proposed R6454.301-525.313 provides that

[n]othing in this part prohibits the standard method of room-and-
pillar mining.
(c) Proposed Subsidence Control Plan Content Requirements
    Utah proposes subsidence control plan contents at R645-301-525.400. 
This section provides that

[i]f the survey conducted under R645-301-525.100 shows that no 
structures, or State-appropriated water supplies, or renewable 
resource lands exist, or that no material damage or diminution in 
value or reasonably foreseeable use of such structures or lands, and 
no contamination, diminution, or interruption of such water supplies 
would occur as a result of mine subsidence, and if the Division 
agrees with this conclusion, no further information need be provided 
under this section. If the survey shows that structures, renewable 
resource lands, or water supplies exist and that subsidence could 
cause material damage or diminution in value or reasonably 
foreseeable use, or contamination, diminution, or interruption of 
state-appropriated water supplies, or if the Division determines 
that damage, diminution in value or foreseeable use, or 
contamination, diminution, or interruption could occur, the 
application must include a subsidence control plan that contains the 
following information:
525.410  A description of the method of coal removal, such as 
longwall mining, room-and-pillar removal or hydraulic mining, 
including the size, sequence and timing of the development of 
underground workings;
525.420  A map of the underground workings that describes the 
location and extent of the areas in which planned-subsidence mining 
methods will be used and that identifies all areas where the 
measures described in 525.440, 525.450, and
525.470 will be taken to prevent or minimize subsidence and 
subsidence-related damage; and, when applicable, to correct 
subsidence-related material damage;
525.430  A description of the physical conditions, such as depth of 
cover, seam thickness and lithology of overlaying strata, that 
affect the likelihood or extent of subsidence and subsidence-related 
damage;
525.440  A description of the monitoring, if any, needed to 
determine the commencement and degree of subsidence so that, when 
appropriate, other measures can be taken to prevent, reduce or 
correct material damage in accordance with R645-301-525.500;
525.450  Except for those areas where planned subsidence is 
projected to be used, a detailed description of the subsidence 
control measures that will be taken to prevent or minimize 
subsidence and subsidence-related damage, such as, but not limited 
to:
525.451  Backstowing or backfilling of voids;
525.452  Leaving support pillars of coal;
525.453  Leaving areas in which no coal is removed, including a 
description of the overlying area to be protected by leaving coal in 
place; and
525.454  Taking measures on the surface to prevent or minimize 
material damage or diminution in value of the surface;
525.460  A description of the anticipated effects of planned 
subsidence, if any;
525.470  For those areas where planned subsidence is projected to be 
used, a description of methods to be employed to minimize damage 
from planned subsidence to non-commercial buildings and occupied 
residential dwellings and structures related thereto; or the written 
consent of the owner of the structure or facility that minimization 
measures not be taken; or, unless the anticipated damage would 
constitute a threat to health or safety, a demonstration that the 
costs of minimizing damage exceed the anticipated costs of repair;
525.480  A description of the measures to be taken in accordance 
with R645-301-731.530 and R645-301-525.500 to replace adversely 
affected State-appropriated water supplies or to mitigate or remedy 
any subsidence-related material damage to the land and protected 
structures; and
525.490  Other information specified by the Division as necessary to 
demonstrate that the operation will be conducted in accordance with 
R645-301-525.300.
(d) Proposed Requirements for Subsidence Damage Repair
    Utah's proposed amendment at R645-301-525.510 provides that

[t]he permittee must correct any material damage resulting from 
subsidence caused to surface lands, to the extent technologically 
and economically feasible, by restoring the land to a condition 
capable of maintaining the value and reasonably foreseeable uses 
that it was capable of supporting before subsidence damage.

    Utah proposes at R645-312-525.520 that

[t]he permittee must promptly repair, or compensate the owner for, 
material damage resulting from subsidence caused to any non-
commercial building or occupied residential dwelling or structure 
related thereto that existed at the time of mining. If repair option 
is selected, the permittee must fully rehabilitate, restore or 
replace the damaged structure. If compensation is selected, the 
permittee must compensate the owner of the damaged structure for the 
full amount of the decrease in value resulting from the subsidence-
related damage. The permittee may provide compensation by the 
purchase, before mining, of a non-cancelable premium-prepaid 
insurance policy. The requirements of this paragraph apply only to 
subsidence-related damage caused by underground coal mining and 
reclamation activities conducted after October 24, 1992.

    Utah's proposed rule at R645-301-525.530 provides that

[t]he permittee shall either correct material damage resulting from 
subsidence caused to any structures or faculties not protected by 
paragraph 525.520 by repairing the damage or compensate the owner of 
the structures or facilities for the full amount of the decrease in 
value resulting from the subsidence. Repair of damage includes 
rehabilitation, restoration, or replacement of damaged structures or 
facilities. Compensation may be accomplished by the purchase before 
mining of a non-cancelable premium-prepaid insurance policy.

    Proposed R645-301-525.540 through 525.545 provide a rebuttable 
presumption of causation by subsidence within a certain angle of draw. 
At R645-301-525.541, Utah proposes that,

[i]f damage to any non-commercial building or occupied residential 
dwelling or structure related thereto occurs as a result of earth 
movement within an area determined by projecting an angle of draw 
equal to that used for that particular mine's compliance with R645-
301 from the outermost boundary of any underground mine workings to 
the surface of the land, a rebuttable presumption exists that the 
permittee caused the damage. This presumption will normally apply to 
a 30 degree angle of draw from the vertical, however, the Division 
may amend the applicable angle of draw for a particular mine through 
the process described in R645-301-525.542.

    Proposed section R645-301-525.542 provides that

[a] permittee or permit applicant may request that the presumption 
apply to an angle of draw different than 30 degrees. To establish a 
site-specific angle of draw, an applicant must demonstrate and the 
Division must determine in writing that the proposed angle of draw 
has a more reasonable basis than 30 degrees and is based on a site-
specific geotechnical analysis of the potential surface impacts of 
the mining operation.

    Under proposed R645-301-525.543, there is

[n]o presumption where access for pre-subsidence survey is denied. 
If the permittee was denied access to the land or property for the 
purpose of conducting the pre-subsidence survey in accordance with 
R645-301-525.130 no rebuttable presumption will exist.

    Utah proposes under R645-301-525.544 that

[t]he presumption will be rebutted if, for example, the evidence 
establishes that: The damage predated the mining in question; the 
damage was proximately caused by some other factor or factors and 
was not proximately caused by subsidence; or the damage occurred 
outside the surface area within which subsidence was actually caused 
by the mining in question.

    Proposed R645-301-525.545 provides that

[i]n any determination whether damage to protected structures was 
caused by

[[Page 17141]]

subsidence from underground mining, all relevant and reasonably 
available information will be considered by the Division.

    Utah proposes to add provisions for adjustment of bond amount for 
subsidence damage at R645-301-525.550. As proposed,

[w]hen subsidence-related material damage to land, structures or 
facilities protected under R645-301-525.500 through R645-301-525.530 
occurs, or when contamination, diminution, or interruption to a 
water supply protected under Sec. R645-301-731.530 occurs, the 
Division must require the permittee to obtain additional performance 
bond in the amount of the estimated cost of the repairs if the 
permittee will be repairing, or in the amount of the decrease in 
value if the permittee will be compensating the owner, or in the 
amount of the estimated cost to replace the State-appropriated water 
supply if the permittee will be replacing the water supply, until 
the repair, compensation, or replacement is completed. If repair, 
compensation, or replacement is completed within 90 days of the 
occurrence of damage, no additional bond is required. The Division 
may extend the 90-day time frame, but not to exceed one year, if the 
permittee demonstrates and the Division finds in writing that 
subsidence is not complete, that not all probable subsidence-related 
material damage has occurred to lands or protected structures, or 
that not all reasonably anticipated changes have occurred affecting 
the State-appropriated water supply, and that therefore it would be 
unreasonable to complete within 90 days the repair of the 
subsidence-related material damage to lands or protected structures, 
or the replacement of State-appropriated water supply.

    Utah proposes to redesignate former R645-301-525.220 as 525.600 and 
to add the heading, ``Compliance'' to the new section. It also proposes 
to redesignate R645-301-525.300, entitled ``Public Notice of Proposed 
Mining'', as 525.700.

Proposed Changes in Hydrology Information for Permit Applications

    Utah proposes to remove existing requirements at R645-301-724.600 
for surveys that were to determine if aquifers would be materially 
damaged or diminished by subsidence. Such surveys were to be included 
in subsidence control plans required by R645-301-525. The proposed 
removal follows the change to R645-301-525 as proposed by this 
amendment at R645-301-728.350.
    Utah proposes at R645-301-728.350 an alternative to the existing 
provision at R645-301-728.340 for probable hydrologic consequences 
determinations to include findings on the effects of surface coal 
mining and reclamation activities on underground or surface water 
sources. The alternative would apply to underground coal mining and 
reclamation activities. In such cases, Utah proposes that probable 
hydrologic consequence determinations include findings on

[w]hether the underground coal mining and reclamation activities 
conducted after October 24, 1992[,] may result in contamination, 
diminution or interruption of State-appropriated water in existence 
at the time the application is submitted and used for legitimate 
purposes within the permit and adjacent areas.

    Under provisions applicable to State-appropriated water supplies in 
a permit application's operation plan, Utah proposes that

[t]he permittee will promptly replace any State-appropriated water 
supply that is contaminated, diminished or interrupted by 
underground mining activities conducted after October 24, 1992, if 
the affected water supply was in existence before the date the 
Division received the permit application for the activities causing 
the loss, contamination or interruption. The baseline hydrologic and 
geologic information required in R645-301-700. will be used to 
determine the impact of mining activities upon the water supply.

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 OSM finds the 
amendment adequate, it will become part of the Utah program.

1. 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. OSM will not necessarily consider comments 
it receives after the time indicated under DATES or at locations other 
than the Denver Field Division in the final rulemaking, or include them 
in the administrative record.

2. Public Hearing

    Persons wishing to testify at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., m.d.t. 
on April 23, 1998. 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. OSM will arrange the 
location and time of the hearing with those persons requesting the 
hearing. OSM will not hold a public hearing if no one requests an 
opportunity to testify at a hearing.
    OSM requests that commenters file a written statement at the time 
of the hearing because doing so will greatly assist the transcriber. If 
commenters submit written statements in advance of the hearing, OSM 
will be able to prepare adequate responses and appropriate questions.
    The public hearing will continue on the specified date until all 
persons scheduled to testify have been heard. Persons in the audience 
who have not been scheduled to testify, and who wish to do so, will be 
heard following those who have been scheduled. The hearing will end 
after all persons scheduled to testify and persons present in the 
audience who wish to testify have been heard.

3. Public Meeting

    OSM may hold a public meeting if only one person requests an 
opportunity to testify at a public hearing. 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, 
OSM will post notices of meetings at the locations listed under 
ADDRESSES. OSM will make a written summary of each meeting part of the 
administrative record.

IV. 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), decision 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

[[Page 17142]]

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 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 944

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 31, 1998.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 98-9173 Filed 4-7-98; 8:45 am]
BILLING CODE 4310-05-M