[Federal Register Volume 64, Number 138 (Tuesday, July 20, 1999)]
[Rules and Regulations]
[Pages 38826-38828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18439]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 934

[SPATS No. ND-039-FOR, Amendment No. XXVIII]


North Dakota Regulatory Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: The 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 revising its statute prescribing who may preside over formal 
hearings and informal conferences.
    The amendment is intended to revise a North Dakota State statute to 
be consistent with its counterpart State regulation.

DATES: Effective date: July 20, 1999.

FOR FURTHER INFORMATION CONTACT: Guy Padgett, Telephone: 207/261-6550, 
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 and 934.16.

II. Proposed Amendment

    By letter dated March 31, 1999, North Dakota submitted a proposed 
amendment to its program (Amendment number XXVIII, administrative 
record No. ND-CC-01) pursuant to SMCRA (30 U.S.C. 1201 et seq.). North 
Dakota submitted the proposed amendment at its own initiative. The 
provision of the North Dakota Century Code (NDCC) that North Dakota 
proposes to revise is: NDCC 38-14.1-30.3.f, concerning formal hearings 
on surface coal mining and reclamation permit applications.
    We announced receipt of the proposed amendment in the April 15, 
1999, Federal Register (64 FR 18586), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on its adequacy (administrative record No. ND-CC-08). 
Because no one requested a public hearing or meeting, none was held.

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 March 31, 1999, is no less stringent than 
SMCRA. Accordingly, the Director approves the proposed amendment.

Substantive Revisions to North Dakota's Statute That Are Substantively 
Identical to the Corresponding Provisions of SMCRA

    North Dakota proposes revisions to the following statute that are 
substantive in nature and contain language that is substantively 
identical to the requirements of the corresponding Federal provisions 
in SMCRA (listed in parentheses).

    NDCC 38-14.1-30.3.f (SMCRA 514(c)), formal hearings on surface 
coal mining and reclamation permit applications.

    Because this proposed North Dakota statute is substantively 
identical to the corresponding pertinent provisions of Subsection 
514(c) of SMCRA which deals with who may preside at administrative 
hearings or appeals thereof, the Director finds that it is no less 
stringent than SMCRA and therefore she approves it.

IV. Summary and Disposition of Comments

    Following are summaries of all substantive written comments on the 
proposed amendment that we received, and our responses to them.

1. Public Comments

    We invited public comments on the proposed amendment, but none was 
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 (administrative record 
No. ND-CC-03).
    The Natural Resources Conservation Service of the U.S. Department 
of Agriculture responded on April 15,

[[Page 38827]]

1999, that it concurred with the changes (administrative record No. ND-
CC-04).
    The Bureau of Indian Affairs of the U.S. Department of the Interior 
responded on April 24, 1999 that it did not have any objections or 
comments that would adversely affect the final review and approval 
(administrative record No. ND-CC-05).
    The Bureau of Reclamation of the U.S. Department of the Interior 
responded on April 28, 1999, that it had no comments on the proposed 
amendment (administrative record No. ND-CC-06).
    The U.S. Army Corps of Engineers responded on April 29, 1999, that 
its review of the proposed project found it to be satisfactory 
(administrative record No. ND-CC-07).
    The U.S. Fish and Wildlife Service responded on May 11, 1999, that 
it did not anticipate any significant impacts to fish and wildlife 
resources. . . . (administrative record No. ND-CC-09).

3. Environmental Protection Agency (EPA) Concurrence and Comments

    Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to solicit 
the written concurrence of EPA with respect to those provisions of the 
proposed amendment that relate to air or water quality standards 
promulgated under the authority of the Clean Water Act (33 U.S.C. 1251 
et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.)
    None of the revisions that North Dakota proposed to make in its 
amendment pertain to air or water quality standards. Nevertheless, OSM 
requested EPA's concurrence with the proposed amendment on April 9, 
1999 (administrative record No. ND-CC-03). EPA did not respond to OSM's 
request.

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-CC-03). Neither SHPO nor ACHP responded to OSM's request.

V. Director's Decision

    Based on the above finding, we approve North Dakota's proposed 
amendment as submitted on March 31, 1999.
    The Federal regulations at 30 CFR Part 934, codifying decisions 
concerning the North Dakota program, are being 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 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 934

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: July 6, 1999.
Brent Wahlquist,
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           Date of final
       submission date             publication      Citation/description
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*                  *                  *                  *
                  *                  *                  *
March 31, 1999..............  July 20, 1999.......  NDCC 38-14.1-30.3.f.
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[FR Doc. 99-18439 Filed 7-19-99; 8:45 am]
BILLING CODE 4310-05-M