[Federal Register Volume 68, Number 89 (Thursday, May 8, 2003)]
[Rules and Regulations]
[Pages 24647-24653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11219]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 950
[WY-030-FOR]


Wyoming Regulatory Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: We are approving a proposed amendment to the Wyoming 
regulatory program (the ``Wyoming program'') under the Surface Mining 
Control and Reclamation Act of 1977 (SMCRA or the Act). Wyoming 
proposed revisions to rules about placement of spoil outside the mined-
out area, clarification of self-

[[Page 24648]]

bonding requirements, approving permit revisions, incremental bonds, 
incidental operation changes, and termination of jurisdiction to be 
consistent with the corresponding Federal regulations, provide 
additional safeguards and clarify ambiguities.

EFFECTIVE DATE: May 8, 2003.

FOR FURTHER INFORMATION CONTACT: Guy Padgett, Telephone: 307/261-6550, 
Internet address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background on the Wyoming Program
II. Submission of the Proposed Amendment
III. Office of Surface Mining Reclamation and Enforcement's (OSM) 
Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. Procedural Determinations

I. Background of the Wyoming Program

    Section 503(a) of the Act permits a State to assume primacy for the 
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that 
its State program includes, among other things, ``a State law which 
provides for the regulation of surface coal mining and reclamation 
operations in accordance with the requirements of this Act * * *; and 
rules and regulations consistent with regulations issued by the 
Secretary pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On 
the basis of these criteria, the Secretary of the Interior 
conditionally approved the Wyoming program on November 26, 1980. You 
can find background information on the Wyoming program, including the 
Secretary's findings, the disposition of comments, and conditions of 
approval in the November 26, 1980, Federal Register (45 FR 78637). You 
can also find later actions concerning Wyoming's program and program 
amendments at 30 CFR 950.10, 950.12, 950.15, and 950.16.

II. Submission of the Proposed Amendment

    By letter dated April 30, 2002, Wyoming sent us an amendment to its 
program (Administrative Record No. WY-35-01) under SMCRA (30 U.S.C. 
1201 et seq.). Wyoming sent the amendment in response to a November 7, 
1988, letter (Administrative Record No. WY-35-05), and a February 21, 
1990, letter (Administrative Record No. WY-35-07) that we sent to 
Wyoming in accordance with 30 CFR 732.17(c), and in response to the 
required program amendments at 30 CFR 950.16(j, k, n, y, and z) and to 
include the changes made at its own initiative.
    The provisions of Wyoming's Coal Rules that Wyoming proposed to 
revise are: (1) Chapter 1, Section 2 (by) and Chapter 13, Section 1(a), 
(b), and (c), definitions, cross-reference, and guidelines on permit 
revisions; (2) Chapter 4, Section 2(b)(iv), backfilling, grading, 
contouring, spoil, topsoil, vegetative and organic material to satisfy 
the required program amendment at 30 CFR 950.16(n); (3) Chapter 11, 
Sections 1(a), 2(a), 3(b), 3(c) and 4(a), bond and insurance 
requirements for surface coal mining operations under regulatory 
programs, intended to satisfy some of the deficiencies identified by 
OSM in its November 7, 1988, 30 CFR 732 letter to Wyoming; (4) Chapter 
12, Section 1(b), review, public participation, and approval or 
disapproval of permit applications, permit term and conditions, and 
Chapter 13, Section 1(d)(iv)(D), probable hydrologic consequences 
assessment revision or update (changes to both Chapters 12 and 13 are 
intended to satisfy the program deficiency identified at 30 CFR 
950.16(y)); (5) Chapter 12, Section 2(d)(iii), bonding and insurance 
procedures intended to satisfy the program deficiencies (numbered G-1) 
contained in the February 21, 1990, 30 CFR part 732 letter we sent to 
Wyoming; (6) Chapter 15, Section 7, termination of jurisdiction, 
intended to satisfy the program deficiency (D-1) we sent Wyoming in a 
February 21, 1990, 30 CFR part 732 letter; (7) Chapter 13, Section 
1(d), intended to correct a cross-reference listed as a program 
deficiency in 30 CFR 950.16(j) [part 2]; and (8) Chapter 13, Section 
1(a), concerning alternative methods of permit revision, intended to 
satisfy the program deficiency listed at 30 CFR 950.16(j) [part 3].
    We announced receipt of the proposed amendment in the June 19, 
2002, Federal Register (67 FR 41656). In the same document, we opened 
the public comment period and provided an opportunity for a public 
hearing or meeting on the amendment's adequacy (Administrative Record 
No. WY-35-10). We did not hold a public hearing or meeting because no 
one requested one. The public comment period ended on July 19, 2002. We 
received ``no comment'' letters from two Federal agencies, the U.S. 
Fish and Wildlife Service and the U.S. Mine Safety and Health 
Administration.

III. OSM's Findings

    Following are the findings we made concerning the amendment under 
SMCRA and the Federal regulations at 30 CFR 732.15 and 732.17. We are 
approving the amendment.

A. Minor Revisions to Wyoming's Rules

    Wyoming proposed minor wording, editorial, punctuation, 
grammatical, and recodification changes to the following previously-
approved rules.
    1. Wyoming Coal Rules: Chapter 4, Section 2(b)(iv)(C); Federal 
rules: 30 CFR 816.102(d), Placement of spoil outside the mined-out 
area.
    In this section, Wyoming has simply removed superfluous wording to 
more closely follow the Federal requirement at 30 CFR 816.102(d).
    Because these changes are minor, we find that they will not make 
Wyoming's rules less effective than the corresponding Federal 
regulations.

B. Revisions to Wyoming's Rules That Have the Same Meaning as the 
Corresponding Provisions of the Federal Regulations

    Wyoming proposed revisions to the following rules containing 
language that is the same as or similar to the corresponding sections 
of the Federal regulations.
    1. Wyoming's Coal Rules: Chapter 4, Section 2(b)(iv); Federal 
rules: 30 CFR 816.1.2(d), backfilling, grading, contouring, spoil, 
topsoil, vegetative and organic material.
    2. Wyoming's Coal Rules: Chapter 12, Section 1(b) and Chapter 13, 
Section 1(d)(iv)(D); Federal regulations: 30 CFR 774.15(c)(1), review, 
public participation, and approval or disapproval of permit 
applications, permit term and conditions, and probable hydrologic 
consequences assessment revision or update.
    3. Wyoming's Coal Rules: Chapter 15, Section 7; Federal 
regulations: 30 CFR 700.11, termination of jurisdiction and release of 
bonds or deposits.
    Because these proposed rules contain language that is the same as 
or similar to the corresponding Federal regulations, we find that they 
are no less effective than the corresponding Federal regulations.

C. Revisions to Wyoming's Rules That Are Not the Same as the 
Corresponding Provisions of the Federal Regulations

    1. Wyoming's Coal Rules: Chapter 1, Section 2(by) and Chapter 13, 
Section 1(a), (b) and (c); there is no Federal counterpart; 
definitions, cross-reference, and guidelines on permit revisions.
    There is no Federal definition of ``revised mining or reclamation 
operations,'' therefore a comparison cannot be made; however, Wyoming 
is deleting the phrase ``except for incidental operation changes,'' as 
required in our July 25, 1990, Federal Register notice. It is 
consistent with and

[[Page 24649]]

no less effective than the Federal regulations.
    2. Wyoming's Coal Rules: Chapter 11, Sections 1(a), 2(a), 3(b), 
3(c), 4(a); Federal regulations: 30 CFR 800.23, self-bonding.
    Wyoming proposes revisions to its rules governing self-bonding 
intended to satisfy deficiencies identified by OSM in its letter dated 
November 7, 1988, under 30 CFR 732.17 requiring amendments to the 
Wyoming program.
a. Chapter 11, Section 1(a)
    Wyoming has proposed to amend the text of Chapter 11, Section 1(a) 
by revising it to read, ``* * * The indemnity agreement is signed by 
the permittee, and if applicable, the parent company or non-parent 
corporate guarantor.''
    The Federal regulations under 30 CFR 800.5(c) state, ``Self bond 
means an indemnity agreement in a sum certain executed by the applicant 
and any corporate guarantor made payable to the regulatory authority, 
with or without a separate surety.''
    A comparison of Wyoming's proposed language with that of the 
Federal regulations finds that it removes an old reference to a Federal 
agency as a potential guarantor of a self-bond for a coal mining 
operation. Wyoming's modification of the term ``corporate'' to 
``parent'' and ``non-parent'' where applicable clarifies that the 
definition applies to both a parent and non-parent corporate guarantor. 
Consequently, as proposed, the minor revisions and clarifications are 
consistent with and no less effective than the requirements of the 
Federal regulations.
b. Chapter 11, Section 2(a)(x)
    Wyoming has proposed to amend the text of Chapter 11, Section 
2(a)(x) by revising the text to read, ``A written guarantee for an 
operator's self-bond from a parent corporation guarantor, if the 
guarantor meets conditions of subsections (a)(iv), (vi), (viii) and 
(ix) of this Section as if it were the operator. Such a written 
guarantee may be accepted by the Administrator and shall be referred to 
as a ``parent corporate guarantee.''
    The Federal regulations at 30 CFR 800.23(c)(1) state, ``The 
regulatory authority may accept a written guarantee for an applicant's 
self-bond from a parent corporation guarantor, if the guarantor meets 
the conditions of Paragraphs (b)(1)-(b)(4) of this Section as if it 
were the applicant. Such written guarantee shall be referred to as a 
``corporate guarantee.''
    The November 7, 1988, 30 CFR part 732 letter directed Wyoming to 
revise the text under this section to address the statement that, ``The 
operator must only supply information addressing requirements not met 
by the parent corporation guarantor.'' Wyoming has deleted this 
sentence, consequently, as proposed, the minor revisions and 
clarifications are consistent with and no less effective than the 
requirements of the Federal regulations.
c. Chapter 11, Section 2(a)(x)(A)
    Wyoming has proposed to amend the text of Chapter 11, Section 
2(a)(x)(A) by revising the text to read, ``If the operator fails to 
complete the reclamation plan, the parent corporate guarantor shall do 
so or the parent corporate guarantor shall be liable under the 
indemnity agreement to provide funds to the state sufficient to 
complete the reclamation plan, but not to exceed the bond amount.''
    The Federal regulations at 30 CFR 800.23(c)(1)(i) state, ``If the 
applicant fails to complete the reclamation plan, the guarantor shall 
do so or the guarantor shall be liable under the indemnity agreement to 
provide funds to the regulatory authority sufficient to complete the 
reclamation plan, but not to exceed the bond amount.''
    A comparison of Wyoming's proposed language with that of the 
Federal regulations finds that Wyoming has added the term ``parent 
corporate'' in front of guarantor to clarify which type of guarantor is 
being referred to in the rule. Consequently, as proposed, the 
clarification is consistent with and no less effective than the 
requirements of the Federal regulations.
d. Chapter 11, Section 2(a)(x)(B)
    Wyoming has proposed to amend the text of Chapter 11, Section 
2(a)(x)(B) by revising the text to read, ``The parent corporate 
guarantee shall remain in force unless the parent corporate guarantor 
sends notice of cancellation by certified mail to the operator and to 
the Administrator at least 90 days in advance of the cancellation date, 
and the Administrator accepts the cancellation.''
    The Federal regulations under 30 CFR 800.23(c)(1)(ii) state, ``The 
corporate guarantee shall remain in force unless the guarantor sends 
notice of cancellation by certified mail to the regulatory authority at 
least 90 days in advance of the cancellation date, and the regulatory 
authority accepts the cancellation.''
    A comparison of Wyoming's proposed language with the Federal 
regulations finds that the proposed revisions to Chapter 11, Section 
2(a)(x)(B) remove the reference to a Federal agency guarantor and 
clarify which type of guarantor is being referred to in the rule. The 
resulting Wyoming regulations are consistent with, and no less 
effective than, the Federal regulations.
e. Chapter 11, Section 2(a)(xi)
    Wyoming has proposed to amend the text of Chapter 11, Section 
2(a)(xi) by incorporating the following language: ``A written guarantee 
for an applicant's self-bond from any corporate guarantor, whenever the 
operator meets the conditions of subsections (a)(iv), (a)(vi) and 
(a)(ix) of this Section, and the guarantor meets the conditions of 
subsections (a)(iv), (a)(vi), (a)(vii) and (a)(ix) of this Section may 
be accepted by the Administrator. Such written guarantee shall be 
referred to as a ``non-parent corporate guarantee.'' The terms of this 
guarantee shall provide for compliance with the conditions of 
subsections (a)(x)(A) and (B) of this Section. The Administrator may 
require the operator to submit any information specified in subsection 
(a)(vii) of this Section in order to determine the financial 
capabilities of the operator.''
    The Federal regulations under 30 CFR 800.23(c)(2) state, ``The 
regulatory authority may accept a written guarantee for an applicant's 
self-bond from any corporate guarantor, whenever the applicant meets 
the conditions of paragraphs (b)(1), (b)(2) and (b)(4) of this section, 
and the guarantor meets the conditions of paragraphs (b)(1) through 
(b)(4) of this section. Such a written guarantee shall be referred to 
as a ``non-parent corporate guarantee.'' The terms of this guarantee 
shall provide for compliance with the conditions of paragraphs 
(c)(1)(i) through (c)(1)(iii) of this section. The regulatory authority 
may require the applicant to submit any information specified in 
paragraph (b)(3) of this section in order to determine the financial 
capabilities of the applicant.''
    A comparison of Wyoming's proposed language with that of the 
Federal regulations finds that it now incorporates the Federal 
counterpart language addressing the conditions under which the 
regulatory authority may accept a written guarantee of an operator's 
self-bond from a third party other than the parent corporation. 
Therefore, it is no less effective than the Federal regulations.
f. Chapter 11, Section 2(a)(xii)
    Wyoming has proposed to amend the text of Chapter 11, Section 
2(a)(xi) by renumbering it as (xii), as a result of creating a new 
Section (2)(xi), and revising the text to read, ``The following in 
order:


[[Page 24650]]


    (A) For the Administrator to accept an operator's self-bond, the 
total amount of the outstanding and proposed self-bonds of the 
operator shall not exceed 25 percent of the operator's tangible net 
worth in the United States, or
    (B) For the Administrator to accept a corporate guarantee, the 
total amount of the parent corporation guarantor's present and 
proposed self-bonds and guaranteed self-bonds shall not exceed 25 
percent of the parent corporate guarantor's tangible net worth in 
the United States, or''

    The Federal regulations at 30 CFR 800.23(d) state, ``For the 
regulatory authority to accept an applicant's self-bond, the total 
amount of the outstanding and proposed self-bonds of the applicant for 
surface coal mining and reclamation operations shall not exceed 25 
percent of the applicant's tangible net worth in the United States. For 
the regulatory authority to accept a corporate guarantee, the total 
amount of the parent corporation guarantor's present and proposed self-
bonds and guaranteed self-bonds for surface coal mining and reclamation 
operations shall not exceed 25 percent of the guarantor's tangible net 
worth in the United States.''
    A comparison of Wyoming's proposed language with that of the 
Federal regulations finds that Wyoming has added the terms ``parent'' 
and ``parent corporate'' to maintain consistent references in the 
rules, and has reformatted the manner in which the rules are presented. 
Consequently, as proposed, the clarification is consistent with and no 
less effective than the requirements of the Federal regulations.
g. Chapter 11, Section 2(a)(xii)
    Wyoming has proposed to amend the text of the newly created Chapter 
11, Section 2(a)(xii) by incorporating the following language ``(C) For 
the Administrator to accept a non-parent corporate guarantee, the total 
amount of the non-parent corporate guarantor's present and proposed 
self-bonds and guaranteed self-bond shall not exceed 25 percent of the 
non-parent corporate guarantor's tangible net worth in the United 
States.''
    The Federal regulations at 30 CFR 800.23(d) state, ``For the 
regulatory authority to accept a non-parent corporate guarantee, the 
total amount of the non-parent corporate guarantor's present and 
proposed self-bonds and guaranteed self-bonds shall not exceed 25 
percent of the guarantor's tangible net worth in the United States.''
    A comparison of Wyoming's proposed language with that of the 
Federal regulations finds that it now incorporates the Federal 
counterpart language addressing the conditions under which the 
regulatory authority may accept a non-parent corporate guarantee. 
Therefore, it is no less effective than the Federal regulations.
h. Chapter 11, Section 3(b)(i)
    Wyoming has proposed to amend the text of Chapter 11, Section 
3(b)(i) by revising the text to read, ``The indemnity agreement shall 
be executed by all persons and parties who are to be bound by it, 
including the parent or non-parent corporate guarantor, and shall bind 
each jointly and severally.''
    The Federal regulations at 30 CFR 800.23(e)(1) state, ``The 
indemnity agreement shall be executed by all persons and parties who 
are to be bound by it, including the parent corporation guarantor, and 
shall bind each jointly and severally.''
    A comparison of Wyoming's proposed language with that of the 
Federal regulations finds that Wyoming has added the term ``or non-
parent'' and deleted the reference to ``Federal agency'' to clarify 
that both types of corporate guarantors are being referred to in the 
rule, and to remove the obsolete reference to a Federal agency. 
Consequently, as proposed, the clarification is consistent with and no 
less effective than the requirements of the Federal regulations.
i. Chapter 11, Section 3(b)(ii)
    Wyoming has proposed to amend the text of Chapter 11, Section 
3(b)(ii) by revising the text to read, ``Corporations applying for a 
self-bond or parent and non-parent corporations guaranteeing an 
operator's self-bond shall submit an indemnity agreement signed by two 
corporate officers who are authorized to bind their corporations. A 
copy of such authorization shall be provided to the Administrator along 
with an affidavit certifying that such an agreement is valid under all 
applicable Federal and State laws. In addition, all corporate 
guarantors shall provide a copy of the corporate authorization 
demonstrating that the corporation may guarantee the self-bond and 
execute the indemnity agreement.''
    The Federal regulations at 30 CFR 800.23(e)(2) state, 
``Corporations applying for a self-bond, and parent and non-parent 
corporations guaranteeing an applicant's self-bond shall submit an 
indemnity agreement signed by two corporate officers who are authorized 
to bind their corporations. A copy of such authorization shall be 
provided to the regulatory authority along with an affidavit certifying 
that such an agreement is valid under all applicable Federal and State 
laws. In addition, the guarantor shall provide a copy of the corporate 
authorization demonstrating that the corporation may guarantee the 
self-bond and execute the indemnity agreement.''
    A comparison of Wyoming's proposed language with that of the 
Federal regulations finds that it now requires the submission of an 
affidavit certifying that the agreement is valid under all applicable 
State and Federal laws, and requires that any grantor provide a copy of 
the corporate authorization demonstrating that the corporation may 
guarantee the self-bond and execute the indemnity agreement. The 
revised text also deletes the outdated references to a Federal agency 
guaranty. It is consistent with and no less effective than the Federal 
regulations.
    As a result of the changes made to Chapter 3(b)(ii), Wyoming has 
also revised their policy memorandum, ``Wyoming Environmental Quality 
Act--Form and Execution of Self-Bonding Indemnity Agreement and 
Corporate or Federal Agency Guaranty'' to remove all references to a 
Federal Agency Guaranty and to add the requirement that the affidavit 
certifying the agreement is valid under all applicable State and 
Federal laws shall also be submitted. The resulting memorandum, 
``Wyoming Environmental Quality Act--Form and Execution of Self-Bonding 
Indemnity Agreement and Parent or Non-Parent Corporate Guaranty'' is 
consistent with and no less effective than the requirements of the 
Federal regulations.
j. Chapter 11, Section 3(c) and Section 4(a)(ii)
    Wyoming has proposed to amend the text of the two regulations cited 
above to change the reference to Section 2 (a)(xi) to Section 
2(a)(xii).
    A comparison of Wyoming's proposed language to the existing 
language finds that the insertion of a new rule under Chapter 11, 
Section 2(a)(xi) required that the existing cross-references in these 
two rules reference the correct subsection. The correct subsection has 
been referenced and this Wyoming rule is now consistent with and no 
less effective than the Federal regulations.
    3. Wyoming's Coal Rules: Chapter 12, Section 2(d)(iii); Federal 
regulations: 30 CFR 800.11(b)(4), separate increments within a bonded 
area.
    Wyoming proposes to add a subsection to its regulations and revise 
its existing regulations to mandate that isolated and independent 
increments of the permitted mine area be of sufficient size and 
configuration for efficient reclamation operations, should reclamation 
by the Wyoming Department of Environmental Quality become necessary.

[[Page 24651]]

    Federal regulations at 30 CFR 800.11(b)(4) require what Wyoming is 
proposing here. Therefore, the Wyoming regulations are no less 
effective than the Federal regulations.
    4. Chapter 13, Section 3(a) to read Section 1(d) rather than 1(b) 
[formerly chapter XIV].
    This revision was approved in the August 6, 1996, Federal Register 
but the required program amendment was inadvertently not removed from 
the Code of Federal Regulations (CFR).

IV. Summary and Disposition of Comments

Public Comments

    We asked for public comments on the amendment (Administrative 
Record No. WY-35-6), but did not receive any.

Federal Agency Comments

    Under 30 CFR 732.17(h)(11)(i) and section 503(b) of SMCRA, we 
requested comments on the amendment from various Federal agencies with 
an actual or potential interest in the Wyoming program (Administrative 
Record No. WY-35-6).
    Two Federal agencies commented. David Lauriski of the U.S. Mine 
Safety and Health Administration, in his May 23, 2002, letter, stated 
that none of the (rule) changes have a direct impact on employee or 
public health or safety and that he consequently has no comments. 
Michael Long of the U.S. Fish and Wildlife Service, in his June 4, 
2002, comment, stated that he did not believe that the proposed amended 
regulations would adversely affect any threatened or endangered species 
on coal mine permit areas in Wyoming.

Environmental Protection Agency (EPA) Concurrence and Comments

    Under 30 CFR 732.17(h)(11)(i) and (ii), we are required to get 
concurrence from EPA for those provisions of the program amendment that 
relate to air or water quality standards issued 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 Wyoming proposed to make in this 
amendment pertain to air or water quality standards. Therefore, we did 
not ask EPA to concur on the amendment.

State Historic Preservation Officer (SHPO) and the Advisory Council on 
Historic Preservation (ACHP)

    Under 30 CFR 732.17(h)(4), we are required to request comments from 
the SHPO and ACHP on amendments that may have an effect on historic 
properties. On May 5, 2002, we requested comments on Wyoming's 
amendment (Administrative Record Nos. WY-35-3 and 4), but neither 
responded to our request.

V. OSM's Decision

    Based on the above findings, we approve the Wyoming amendment sent 
to us.
    We approve, as discussed in: finding III.A.1, concerning placement 
of spoil outside the mined-out area; finding III.B.1, concerning 
backfilling, grading, contouring, spoil, topsoil, vegetative and 
organic material; finding III.B.2, concerning review, public 
participation and approval or disapproval of permit applications, 
permit term and conditions, and probable hydrologic consequences 
assessment revision or update; finding III.B.3, concerning termination 
of jurisdiction and release of bonds or deposits; finding III.C.1, 
concerning the definition of revised mining or reclamation operations; 
finding III.C.2.a through j, concerning self-bonding; finding III.C.3, 
concerning isolated increments of the permitted mine area; and finding 
III.C.4, concerning the removal from the CFR a revision that was 
approved in the August 6, 1996, Federal Register, but was not removed 
as a required program amendment from the CFR.

Effect of OSM's Decision

    Section 503 of SMCRA provides that a State may not exercise 
jurisdiction under SMCRA unless the State program is approved by the 
Secretary. Similarly, 30 CFR 732.17(a) requires that any change of an 
approved State program be submitted to OSM for review as a program 
amendment. The Federal regulations at 30 CFR 732.17(g) prohibit any 
changes to approved State programs that are not approved by OSM. In the 
oversight of the Wyoming program, we will recognize only the statutes, 
regulations and other materials we have approved, together with any 
consistent implementing policies, directives and other materials. We 
will require Wyoming to enforce only approved provisions.

VI. Procedural Determinations

Executive Order 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis performed for the counterpart Federal regulation.

Executive Order 12866--Regulatory Planning and Review

    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--Civil Justice Reform

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 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 because 
each 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.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have evaluated the 
potential effects of this rule on Federally recognized Indian Tribes 
and have determined that the rule does not have substantial direct 
effects on one or more Indian Tribes, on the relationship between the 
Federal government and Indian Tribes, or on the distribution of power 
and responsibilities between the Federal government and Indian Tribes. 
The rule does not involve or affect Indian Tribes in any way.

Executive Order 13132--Federalism

    This rule does not have federalism implications. SMCRA delineates 
the roles of the Federal and State governments with regard to the 
regulation of surface coal mining and reclamation operations. One of 
the purposes of SMCRA is to ``establish a nationwide program to protect 
society and the environment from the adverse effects of surface coal 
mining operations.'' Section 503(a)(1) of SMCRA requires that state 
laws regulating surface coal mining and reclamation operations be ``in 
accordance with'' the requirements of SMCRA, and section 503(a)(7) 
requires that state programs contain rules and regulations ``consistent 
with'' regulations issued by the Secretary pursuant to SMCRA.

[[Page 24652]]

Executive Order 13211--Regulations That Significantly Affect the 
Supply, Distribution, or Use of Energy

    On May 18, 2001, the President issued Executive Order 13211 which 
requires agencies to prepare a Statement of Energy Effects for a rule 
that is (1) considered significant under Executive Order 12866, and (2) 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Because this rule is exempt from review 
under Executive Order 12866 and is not expected to have a significant 
adverse effect on the supply, distribution, or use of energy, a 
Statement of Energy Effects is not required.

National Environmental Policy Act

    This rule does not require an environmental impact statement 
because 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 certifies 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. 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.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule: a. does not 
have an annual effect on the economy of $100 million; b. will not cause 
a major increase in costs or prices for consumers, individual 
industries, Federal, State, or local government agencies, or geographic 
regions; and c. does not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S. based enterprises to compete with foreign-based 
enterprises.
    This determination is based upon the fact that the State submittal 
which is the subject of this rule is based upon counterpart Federal 
regulations for which an analysis was prepared and a determination made 
that the Federal regulation was not considered a major rule.

Unfunded Mandates

    This rule will not impose an unfunded mandate on state, local, or 
tribal governments or the private sector of $100 million or more in any 
given year. This determination is based upon the fact that the State 
submittal, which is the subject of this rule, is based upon counterpart 
Federal regulations for which an analysis was prepared and a 
determination made that the Federal regulation did not impose an 
unfunded mandate.

List of Subjects in 30 CFR Part 950

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: February 11, 2003.
Allen D. Klein,
Regional Director, Western Regional Coordinating Center.

0
For the reasons set out in the preamble, 30 CFR part 950 is amended as 
set forth below:

PART 950--WYOMING

0
1. The authority citation for part 950 continues to read as follows:

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


0
2. Section 950.12 is amended by revising the section heading to read as 
follows:


Sec.  950.12  State program provisions and amendments not approved.

* * * * *

0
3. Section 950.15 is amended in the table by adding a new entry in 
chronological order by May 8, 2003 to read as follows:


Sec.  950.15  Approval of Wyoming regulatory program amendments.

* * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
    Original amendment submission date       Date of final publication                                 Citation/description
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
April 30, 2002...........................  May 8, 2003.................  Chapter 1, Section 2(by).
                                                                         Chapter 4, Section 2(b)(iv).
                                                                         Chapter 11, Sections 1(a), 2(a), 3(b), 3(c), 4(a).
                                           ............................  Chapter 12, Section 1(b), Section 2(d)(iii).
                                                                         Chapter 13, Section 1(a), (b), (c), (d)(iv)(D).
                                                                         Chapter 15, Section 7.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 24653]]

Sec.  950.16  [Amended]

0
4. Section 950.16 is amended by removing and reserving paragraphs (j), 
(k), (n), (y) and (z).

[FR Doc. 03-11219 Filed 5-7-03; 8:45 am]
BILLING CODE 4310-05-P