[Federal Register Volume 64, Number 47 (Thursday, March 11, 1999)]
[Proposed Rules]
[Pages 12142-12147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5334]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Parts 3400 and 3420

[WO-320-3420-24 1A]
RIN 1004-AD27


Public Participation in Coal Leasing

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed rule.

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SUMMARY: The Bureau of Land Management (BLM) is proposing this rule as 
a result of a settlement agreement and the passage of a new law. In the 
settlement agreement, BLM agreed to establish, by regulation, the 
points where the public may participate in the regional coal leasing 
process. This proposed rule would also amend the regulations to conform 
to statutory changes made by the Unfunded Mandates Reform Act of 1995 
which exempted several types of meetings from Federal Advisory 
Committee Act requirements. BLM is proposing that Regional Coal Team 
meetings are no longer subject to the Federal Advisory Committee Act 
under the new law. The proposed changes do not substantially alter 
current BLM policy on public participation in coal leasing, they simply 
establish that policy by regulation.

DATES: You should submit your comments by May 10, 1999. BLM may not 
consider comments postmarked or received by electronic mail after the 
above date in the decision-making process on the final rule.

ADDRESSES: You may hand-deliver comments to Bureau of Land Management, 
Administrative Record, Room 401, 1620 L St., N.W., Washington, D.C., or 
mail comments to Bureau of Land Management, Administrative Record, Room 
401LS, 1849 C St., N.W., Washington, D.C. 20240. You may also transmit 
comments electronically to WOC[email protected]; in that case please 
submit comments as an ASCII file to minimize computer problems, and 
please include ``attn.:AD27.'' If you do not receive confirmation from 
the system that we received your Internet message, contact us directly.

FOR FURTHER INFORMATION CONTACT: Philip Allard, Solid Minerals Group, 
(202) 452-5195. For assistance in reaching the above contact, 
individuals who use a telecommunications device for the deaf (TDD) 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, except 
holidays.

SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Discussion of Proposed Rule
IV. Procedural Matters

I. Public Comment Procedures

How do I comment on the proposed rule?

    Please submit your comments on the proposed rule in writing. Please 
confine your comments to issues related to the proposed rule and 
explain the need for any changes you recommend. Where possible, your 
comment should refer to the specific section or paragraph of the 
proposal you are addressing.

Will my comments be available to others?

    Yes. BLM will make your comments, including your name and address, 
available for public review at the ``L Street'' address listed in 
ADDRESSES above during regular business hours (7:45 a.m. to 4:15 p.m., 
Monday through Friday, except Federal holidays). BLM will also post all 
comments on its home page (http://www.blm.gov) at the end of the 
comment period.

Can BLM keep my identity confidential?

    Yes, under certain conditions BLM can keep your personal 
information confidential. You must request confidentiality and 
prominently state your request at the beginning of your comment. BLM 
will consider withholding your name, street address, and other 
identifying information on a case-by-case basis to the extent allowed 
by law.
    BLM will make publically available all submissions from 
organizations and businesses and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses.

II. Background

Why are we proposing to change the coal leasing regulations?

    BLM is proposing this rule for two reasons: to respond to a 
settlement agreement entered into in July 1997 and to respond to a new 
law passed in March 1995.

What was the settlement agreement about?

    The Department of the Interior's coal leasing regulations were 
challenged in a lawsuit, Natural Resources Defense Council, Inc., et 
al. v. Jamison, et al., Civil No. 82-2763 (D. D.C.). In December 1992, 
the court decided that

[[Page 12143]]

the Department had not complied with section 202(f) of the Federal Land 
Policy and Management Act, 43 U.S.C. 1712(f). The court held that 
although BLM's competitive leasing handbook describes public 
participation procedures, the Department should establish these 
procedures by regulation. During appeal of this decision, the parties 
negotiated to settle the case. In July 1997, the Department and the 
plaintiffs entered into a settlement agreement. Civil No. 82-2763 (D. 
C. Circuit No. 93-5029).
    In the settlement, the Department agreed to propose a rule 
identifying the points where the public may participate in coal leasing 
decisions. Since BLM already provides this information in its 
competitive leasing handbook, this proposed rule does not substantially 
alter public participation opportunities in competitive leasing. 
Specific points of public participation are discussed in the 
``Discussion of Proposed Rule'' section below.

What is the new law about?

    On March 22, 1995, Congress passed the Unfunded Mandates Reform 
Act. Section 204(b) of this law (2 U.S.C. 1534) states that the 
requirements under another law, the Federal Advisory Committee Act 
(FACA), 5 U.S.C. Appendix 1, do not apply to intergovernmental 
communications when:
     The meetings are exclusively between Federal officials and 
elected officers of State, local and tribal governments or their 
representatives, and
     The meetings are only to exchange views, information, or 
advice relating to Federal programs that share intergovernmental 
responsibilities.
    The Solicitor's Office of the Department of the Interior determined 
that these provisions exempt Regional Coal Teams (RCTs) from the 
requirements of FACA. Because existing regulations at subpart 3400 
incorporate FACA regulations at subpart 1784, the proposed rule amends 
that reference and clarifies which portion of the FACA regulations 
apply to RCTs.

How does BLM lease coal?

    BLM primarily offers coal for lease competitively. There are two 
types of competitive leasing, ``regional coal leasing'' and ``leasing-
on-application.''

What is regional coal leasing?

    The Department of the Interior initiates the regional coal leasing 
process. Based on consideration of the demand for Federal coal, 
national energy needs, and other factors, BLM must determine whether to 
offer Federal coal lands for lease and which coal to offer. Since 
issues surrounding coal leasing can vary greatly from region to region, 
Federal coal production regions assist BLM in this determination by 
grouping together areas with similar issues.

What are Federal coal production regions?

    BLM has divided coal deposits into broad blocks of Federally owned 
coal called Federal coal production regions. There are six Federal coal 
production regions, principally located in the western United States. 
The Federal coal production regions are:
     The Southern Appalachian Region, in northwestern Alabama,
     The Fort Union Region of eastern Montana and western North 
Dakota,
     The Green River-Hams Fork Region of northwestern Colorado 
and southern Wyoming,
     The Powder River Region of northeastern Wyoming and 
southeastern Montana,
     The San Juan Region of northwestern New Mexico and 
southwestern Colorado, and
     The Uinta-Southwestern Utah Region of eastern Utah and 
western Colorado.

What are regional coal teams?

    RCTs are composed of BLM employees and State Governors or their 
designees in the states where the coal tracts are located. The RCTs 
recommend the leasing level, a target amount of coal that BLM may offer 
for sale, and the lease sale schedule to the BLM Director. The BLM 
Director makes recommendations to the Secretary of the Interior. The 
Secretary makes the final decision on leasing levels and a lease sale 
schedule, taking into account recommendations from:
     The BLM Director,
     The RCT,
     The State Governors, and
     Other interested and affected groups, including members of 
the general public.

How do we conduct the regional coal leasing process?

    First, BLM begins the process by creating a land use plan, in which 
BLM-managed lands are reviewed to determine, among many factors, the 
presence or absence of:
     Coal,
     Other resources that might preclude developing the coal,
     Other uses for the land that might be preferable to coal 
development, and
     Any qualified surface owners who oppose or favor coal 
development.
This review allows BLM to identify the land that is acceptable for 
further consideration for coal leasing.

    Second, the Secretary sets the leasing level for the region after 
considering the land use plan, the amount of leasing interest in the 
region, national energy needs, and other factors.
    Third, BLM initiates ``regional coal activity planning,'' during 
which BLM prepares environmental documents that analyze one or more 
combinations of tracts that equal the leasing level and alternative 
combinations of tracts.
    Finally, the Secretary determines the lease sale schedule based on 
the environmental analysis and public comments and comments from State 
Governors, tribal governments, and other Federal agencies. The schedule 
includes the number of tracts that will be offered for lease and the 
timing of the lease sales.

What is leasing-on-application?

    The leasing-on-application process is one which individuals or 
companies initiate, unlike regional coal leasing which is government 
initiated.

How do we conduct the leasing-on-application process?

    Under this method of competitive leasing, an individual or company 
takes the first step by applying for a particular coal deposit. Two 
major differences from regional coal leasing are:
     There is no need to establish a leasing level because the 
amount of coal applied for provides a starting point for the amount of 
coal to be analyzed; and
     There is no leasing schedule because BLM usually offers 
coal tracts based on at most one or two applications in leasing-on-
application lease sales.
    The RCT located in the applicable coal production region may review 
the applications and may make whatever recommendations it believes are 
appropriate on the coal tracts. For a number of years, BLM has 
competitively leased Federal coal exclusively through the leasing-on-
application process as it meets current demand for new coal leases.

III. Discussion of Proposed Rule

How would RCT meetings change under the proposed rule?

    This proposed rule would not substantially change RCT meetings. 
Section 204(b) of the Unfunded Mandates Reform Act identifies several 
types of meetings exempt from FACA. FACA requires that committees that 
advise the Secretary on particular issues follow certain procedures, 
including

[[Page 12144]]

those involving public participation. Although RCT meetings are now 
exempt from FACA requirements under the Unfunded Mandates Reform Act, 
BLM will, nevertheless, continue to provide public participation 
opportunities identified in FACA at RCT meetings when BLM determines 
RCT involvement is appropriate.
    This proposed rule would amend regulations at section 3400.4 by 
replacing a subsection that incorporates all of the FACA regulations in 
43 CFR 1784 with a subsection that references only the public 
participation regulations in sections 1784.4-2, 1784.4-3 and the 
operating procedures described in section 1784.5 of FACA. Accordingly, 
when RCTs are involved, they will:
     Open meetings to the public,
     Provide a period during each meeting for public comments,
     Keep minutes of the meeting, and
     Publish notices of the meetings in the Federal Register, 
at least 30 calendar days before the meetings take place.
    RCTs will continue to consider any public comments received when 
making recommendations to the Director, and the Director will forward 
public comments to the Secretary.

How would the competitive leasing process change under the proposed 
rule?

    This proposed rule would not substantially alter the competitive 
leasing process since BLM policy would not change. Although BLM 
currently identifies public participation procedures in its competitive 
leasing handbook, BLM is proposing these procedures in its regulations 
to comply with the settlement agreement.
    Subpart 3420 addresses competitive coal leasing. This proposed rule 
would adopt eight amendments to subpart 3420, as follows:
     BLM would add a cross reference to part 1600 where we 
describe the specific points when BLM provides public participation 
opportunities in our land-use planning process. These opportunities for 
public participation occur:
    (1) at the initial identification of issues,
    (2) during review of proposed planning criteria,
    (3) during publication of the draft resource management plan and 
draft environmental impact statement,
    (4) during publication of proposed resource management plans and 
final environmental impact statements (an opportunity also provided for 
protest), and
    (5) when significant changes are made as a result of a protest.
     BLM would include public comments as one of the factors 
that the State Director would consider in recommending an initial 
leasing level to the Secretary.
     BLM would include public comments, as well as comments 
from the State Governors, in the package the Secretary considers when 
determining a regional leasing level. In addition to the package of 
comments, BLM or other staff may also develop a summary that assists 
the Secretary in reviewing the comments.
     BLM would add public comments to the list of factors that 
the Secretary considers in reaching a decision about regional coal 
leasing levels.
     BLM would add a list of the points during regional 
activity planning when the public may participate. Regional activity 
planning starts when the Secretary makes the leasing level decision and 
ends when the Secretary determines the lease sale schedule.
     BLM would change provisions on RCTS by:
    (1) allowing the public to comment on all subfactors that the RCTs 
used to rank coal tracts for possible leasing,
    (2) requiring BLM to publish, at least 45 days before the meeting, 
the notice of the RCT meeting at which tracts would be ranked,
    (3) requiring BLM to give the public at least 60 days to comment on 
the draft regional coal leasing environmental impact statement (EIS),
    (4) requiring the RCTs to include all public comments received in 
the final EIS,
    (5) requiring the RCTs to consider public comments when revising 
tract ranking and selection.
     BLM would give the public 45 days prior notice of a RCT 
meeting when the team will recommend specific tracts for coal lease 
sale.
     BLM would give the public notice of and an opportunity to 
comment on any revisions to a lease sale schedule increasing the number 
or frequency of sales or increasing the amount of coal to be offered.

How would the lease sales process change under the proposed rule?

    The proposed rule would not substantially alter the lease sales 
process since BLM already identifies public participation procedures in 
its competitive leasing handbook.
    Subpart 3422 describes the procedures that BLM follows once the 
Secretary of the Interior determines what the lease sale schedule will 
be. Presently, BLM requests public comments on the fair market value 
and the maximum economic recovery for the tracts to be offered. The 
proposed rule adds two new requirements to subpart 3422:
     The regulations at section 3422.1(a) would require BLM to 
publish our request for public comments on fair market value and 
maximum economic recovery in the Federal Register and for two 
consecutive weeks in a newspaper of general circulation in the area 
where the proposed sale would be held.
     A new requirement in section 3422.2(a) would have BLM send 
the lease sale notice to any person or group requesting notices of 
sales to be held in the area.

How would the leasing-on-application process change under the proposed 
rule?

    The proposed rule does not substantially change the leasing-on-
application process. BLM currently identifies public participation 
procedures in its competitive leasing handbook and is proposing them 
for its regulations in response to the settlement agreement.
    Subpart 3425 describes the procedures that BLM uses to process 
applications for coal lease sales. Presently, the lease-on-application 
process is similar to the regional leasing process. We must screen the 
tract during land-use planning. Screening the tract can involve 
applying unsuitability criteria, identifying and consulting with any 
qualified surface owners, and considering alternative land uses. In 
addition, we must assess the environmental impacts of coal development 
before the coal can be offered for lease sale. The proposed rule makes 
two amendments to this subpart:
     The proposed rule would amend the regulations at section 
3425.1-9 requiring BLM to ask for and consider public comments on any 
modification to the boundaries of a lease tract.
     The proposed rule would amend the regulations at 
Sec. 3425.3. The proposal would require BLM to publish a notice of 
availability for a draft EIS in the Federal Register and in a general 
circulation newspaper. We would also announce any hearings on the draft 
EIS through similar publication.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    This proposed regulation is not a significant regulatory action and 
is not subject to review by the Office of Management and Budget under 
Executive Order 12866. We have

[[Page 12145]]

determined that this proposed regulation does not: have an annual 
economic impact of $100 million or more; have an adverse impact in a 
material way on the economy, environment, public health, safety, other 
units of government, or sectors of the economy; pose a serious 
inconsistency or interfere with an action taken or planned by another 
agency; have novel legal or policy implications; or have material 
effects on budgets or rights and obligations of recipients of 
entitlements, fees, grants, or loans. Therefore, we do not have to 
assess the potential costs and benefits of the rule under section 
6(a)(3) of this order and no OMB review under the order is required.
    Executive Order 12866 also requires each agency to write 
regulations that are easy to understand. We invite your comments on how 
to make this proposed rule easier to understand, including answers to 
the following questions:
     Are the requirements in the proposed rule clearly stated?
     Does the proposed rule contain unclear technical language 
or jargon?
     Does the format of the proposed rule aid or reduce its 
clarity?
     Would the rule be easier to understand if it were divided 
into more sections? and
     Is the description of the proposed rule in the 
``supplementary information'' section helpful in understanding the 
proposed rule?
    Send comments that concern how we could make this proposed rule 
easier to understand to: Office of Regulatory Affairs, Department of 
the Interior, Room 7229, 1849 C St., N.W., Washington, D. C. 20240. You 
may also e-mail the comments to: E[email protected].

National Environmental Policy Act.

    This proposed regulation is not a major Federal action 
significantly affecting the quality of the human environment under 
section 102(2)(C) of the National Environmental Policy Act of 1969 
(NEPA), 42 U.S.C. 4332(2)(C). The proposed changes do not directly 
affect the environment. Any coal tract considered for leasing will be 
subject to further NEPA analysis on a case-by-case basis.

Regulatory Flexibility Act

    This proposed regulation does not require a regulatory flexibility 
analysis. Congress enacted the Regulatory Flexibility Act of 1980 
(RFA), as amended, 5 U.S.C. 601-612, to ensure that Government 
regulations do not unnecessarily or disproportionately burden small 
entities. The RFA requires a regulatory flexibility analysis if a rule 
has a significant economic impact, either detrimental or beneficial, on 
a substantial number of small entities. This proposed regulation would 
not have significant economic impacts on small entities under the RFA, 
5 U.S.C. 601 et seq. Small entities would be neither adversely nor 
beneficially affected by the proposals but would be given the 
opportunity to participate in the coal leasing process by regulation, 
rather than by internal agency guidance.

Small Business Regulatory Enforcement Fairness Act

    These proposed regulations are not a ``major rule'' as defined by 
the Small Business Regulatory Enforcement Fairness Act, 5 U.S.C. 
804(2). The rule will not have a significant impact on the economy, or 
on small businesses in particular. As discussed above, this rule 
proposed rule would not substantially change BLM's existing policy.

Unfunded Mandates Reform Act

    This proposed regulation does not impose an unfunded mandate on 
State, local or tribal governments or the private sector of more than 
$100 million per year. This proposed regulation does not have a 
significant or unique effect on State, local, or tribal governments or 
the private sector. Current BLM policy on public participation in the 
coal leasing process is simply being put into regulatory form. 
Therefore, we are not required to prepare a statement containing the 
information required by the Unfunded Mandates Reform Act, 2 U.S.C. 1531 
et seq.

Executive Order 12630, Takings

    The proposed regulation does not represent a government action 
capable of interfering with constitutionally protected property rights. 
Therefore, we have determined that the regulation would not cause a 
taking of private property. No further discussion of takings 
implications is required under this Executive Order.

Executive Order 12612, Federalism

    This proposed regulation will not have a substantial direct effect 
on the States, on the relationship between the national government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government. The Federal Coal Management Program 
was designed to allow the maximum participation of affected States in 
decisions about coal leasing and development through RCTs. RCTs make 
recommendations to the Secretary on the level of coal analyzed for 
possible sale and on the amount of coal offered. If the Secretary does 
not accept their decisions, the Secretary must publicly state why. We 
have determined that this proposed regulation does not have sufficient 
Federalism implications to warrant preparation of a Federalism 
assessment.

Executive Order 12988, Civil Justice Reform

    The Office of the Solicitor has determined that this proposed 
regulation will not unduly burden the judicial system and that it meets 
the requirements of sections 3(a) and 3(b)(2) of Executive Order 12988.

Paperwork Reduction Act

    This regulation does not require an information collection under 
the Paperwork Reduction Act. The information collection is not covered 
by an existing OMB approval. An OMB form 83-I has not been prepared and 
has not been approved by the Office of Policy Analysis. This regulation 
qualifies for exemption from OMB approval under exemption four of OMB 
guidance.
    The principal author of this proposed rule is Philip Allard, Solid 
Minerals Group, assisted by Carole Smith and Janet Lin, Regulatory 
Affairs Group.

List of Subjects

43 CFR Part 3400

    Coal, Intergovernmental relations, Mines, Public lands--
classification, Public lands--mineral resources.

43 CFR Part 3420

    Administrative practice and procedure, Coal, Environmental 
protection, Intergovernmental relations, Mines, Public lands--mineral 
resources.

    Dated: February 12, 1999.
Sylvia V. Baca,
Acting Assistant Secretary, Land and Minerals Management.
    For the reasons set forth in the preamble and under the authority 
of the Mineral Leasing Act of February 25, 1920, as amended (30 U.S.C. 
181 et seq.), the Mineral Leasing Act for Acquired Lands, as amended 
(30 U.S.C. 351-9), the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1740), and the Secretary's enforcement powers, BLM proposes 
to amend parts 3400 and 3420 of Title 43 of the Code of Federal 
Regulations as set forth below:

PART 3400--COAL MANAGEMENT: GENERAL

    1. The authority citation for part 3400 continues to read as 
follows:


[[Page 12146]]


    Authority: 30 U.S.C. 189, 359, 1211, 1251, 1266, and 1273; 43 
U.S.C. 1461, 1733, and 1740.

    2. Amend Sec. 3400.4 by revising paragraph (g) to read:


Sec. 3400.4  Federal/state government cooperation.

* * * * *
    (g) The regional coal team will function under the public 
participation procedures at Secs. 1784.4-2 and 1784.4-3 and 1784.5 of 
this chapter.
    3. The authority citation for part 3420 continues to read as 
follows:

    Authority: The Mineral Leasing Act of 1920, as amended and 
supplemented (30 U.S.C. 181 et seq.), the Mineral Leasing Act for 
Acquired Lands of 1947, as amended (30 U.S.C. 351-359), the Multiple 
Mineral Development Act of 1954 (30 U.S.C. 521-531 et seq.), the 
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 
et seq.), the Department of Energy Organization Act of 1977 (42 
U.S.C. 7101 et seq.), the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1701 et seq.), and the Small Business Act of 1953, 
as mended (15 U.S.C. 631 et seq.).

PART 3420--COMPETITIVE LEASING

    4. Amend Sec. 3420.1-4 by revising paragraph (a) to read:


Sec. 3420.1-4  General requirements for land use planning.

    (a) The Secretary may not hold a lease sale under this part unless 
the lands containing the coal deposits are included in a comprehensive 
land use plan or land use analysis. The land use plan or land use 
analysis will be conducted with public notice and opportunity for 
participation at the points specified in Sec. 1610.2(f) of this title. 
The sale must be compatible with, and subject to, any relevant 
stipulations, guidelines and standards set out in that plan or 
analysis.
* * * * *
    5. Amend Sec. 3420.2 by removing the last sentence of paragraph 
(a)(1), and adding in its place 2 sentences as set forth below, 
revising the last sentence of paragraph (a)(4), removing ``and'' from 
the end of paragraph (c)(8), redesignating current paragraph (c)(9) as 
paragraph (c)(10), and adding a new paragraph (c)(9) to read:


Sec. 3420.2  Regional leasing levels.

    (a)(1) * * * This range of initial leasing levels must be based on 
information available to the State Director including: land use 
planning data; the results of the call for coal resource information 
held under Sec. 3420.1-2 of this subpart; the results of the call for 
expressions of leasing interest held under Sec. 3420.3-2 of this 
subpart; and other considerations. The State Director considers 
comments received from the public in writing and at hearings, and input 
and advice from the Governors of the affected States regarding 
assumptions, data, and other factors pertinent to the region;
* * * * *
    (a)(4) * * * The team also must transmit to the Secretary, without 
change, all comments and recommendations of the Governor and the 
public.
* * * * *
    (c) * * *
    (9) Comments received from the public in writing and at public 
hearings; and
* * * * *
    6. Amend Sec. 3420.3-1 by adding a new paragraph (d) to read:


Sec. 3420.3-1  Area identification process.

* * * * *
    (d) Public notice and opportunity for participation in activity 
planning must be appropriate to the area and the people involved. The 
Bureau of Land Management will make available a calendar listing of the 
points in the planning process at which the public may participate, 
including:
    (1) The regional coal team meeting to recommend initial leasing 
levels (see Sec. 3420.2(a)(4));
    (2) The regional coal team meeting for tract ranking (see 
Sec. 3420.3-4(a));
    (3) Publication of the regional coal lease sale environmental 
impact statement (see Sec. 3420.3-4(c)); and
    (4) The regional coal team meeting to recommend specific tracts for 
a lease sale and a lease sale schedule (see Sec. 3420.3-4(g).
    7. Amend Sec. 3420.3-4 by removing the third sentence in paragraph 
(a)(1), and adding in its place 4 sentences as set forth below, adding 
2 sentences after the first sentence in paragraph (a)(5), adding a new 
sentence at the end of paragraph (d), revising paragraph (f), and 
removing the first sentence in paragraph (g) and adding in its place 2 
new sentences as set forth below:


Sec. 3420.3-4  Regional tract ranking, selection, environmental 
analysis and scheduling.

    (a)(1) * * * The subfactors the regional coal team will consider 
under each category are those the regional coal team determines are 
appropriate for that region. The regional coal team will make its 
determination after publishing notice in the Federal Register that the 
public has 30 days to comment on the subfactors. The regional coal team 
will then consider any comments it receives in determining the 
subfactors. BLM will publish the subfactors in the regional lease sale 
environmental impact statement required by this section.* * *
* * * * *
    (5) * * * BLM will publish the notice no later than 45 days before 
the meeting. The notice will list potential topics for discussion.* * *
* * * * *
    (d) * * * BLM will publish notice in the Federal Register of the 
60-day comment period and the public hearing on the draft environmental 
impact statement for two consecutive weeks in a newspaper of general 
circulation in the area of the sale.
* * * * *
    (f) When the comment period on the draft environmental impact 
statement closes, the regional coal team will analyze the comments and 
make any appropriate revisions in the tract ranking and selection. The 
final regional lease sale environmental impact statement will reflect 
such revisions and will include all comments received.
    (g) When BLM completes and releases the final regional lease sale 
environmental impact statement, the regional coal team will meet and 
recommend specific tracts for lease sale and a lease sale schedule. The 
regional coal team will provide notice in the Federal Register of the 
date and location at least 45 days before its meeting.* * *
* * * * *
    8. Amend Sec. 3420.5-2 by adding 2 sentences after the first 
sentence in paragraph (a) to read:


Sec. 3420.5-2  Revision.

    (a) * * * BLM will publish a notice in the Federal Register and 
provide a 30 day comment period before it makes any revision increasing 
the number or frequency of sales, or the amount of coal offered. BLM 
will publish any revision in the Federal Register.* * *
* * * * *
    9. Amend Sec. 3422.1 by adding a sentence after the first sentence 
in paragraph (a) to read:


Sec. 3422.1  Fair market value and maximum economic recovery.

    (a) * * * BLM will publish the solicitation in the Federal Register 
and for two consecutive weeks, in a newspaper of general circulation in 
the area of the sale. * * *
* * * * *
    10. Amend Sec. 3422.2 by removing the third sentence in paragraph 
(a) and adding in its place 2 sentences to read as follows:

[[Page 12147]]

Sec. 3422.2  Notice of sale and detailed statement.

    (a) * * * BLM will post notice of the sale in BLM State Office 
where the coal lands are managed. It will also mail notice to any 
surface owner of lands noticed for sale and to any other person who has 
requested notice of sales in the area. * * *
* * * * *
    11. Amend Sec. 3425.1-9 by adding a sentence at the end of this 
section to read:


Sec. 3425.1-9  Modification of application area.

    * * * If an environmental assessment of the modification is 
required, BLM will solicit and consider public comments on the modified 
application.
    12. Amend Sec. 3425.3(a) by adding two sentences at the end of 
paragraph (a) to read:


Sec. 3425.3  Environmental analysis.

    (a) * * * BLM will publish a notice in the Federal Register and for 
two consecutive weeks in a newspaper of general circulation in the area 
of the sale, announcing the availability of the environmental 
assessment or draft environmental impact statement and the hearing 
required by Sec. 3425.4(a)(1). BLM also will mail to the surface owner 
of any lands to be offered for sale and to any person who has requested 
notice of sales in the area.
* * * * *
[FR Doc. 99-5334 Filed 3-10-99; 8:45 am]
BILLING CODE 4310-84-P