United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2008_register executive 2010-09-23 article Rules and Regulations D09002ee1c80889a1 D09002ee1c8088a36 United States Department of the Interior originator org United States Government Agency or Subagency United States Office of Surface Mining Reclamation and Enforcement originator org United States Government Agency or Subagency We are disapproving two changes to the Pennsylvania regulatory program (the "Pennsylvania program") regulations under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act) which were previously submitted under amendment PA-147-FOR. While we approved the other proposed changes related to PA-147-FOR, we deferred our decision on two changes pertaining to the discontinuation of a $100 per acre reclamation fee pending the outcome of litigation before the United States Court of Appeals for the Third Circuit in the matter of Pennsylvania Federation of Sportsmen's Clubs Inc. et al. v. Norton, (PFSC v. Norton) No. 06-1780. We now have the U.S. Court of Appeals decision before us. The decision sets aside our October 7, 2003, final rule removing a required amendment pertaining to the Pennsylvania alternative bonding system. Therefore, we are now disapproving the two changes pertaining to the discontinuation of the fee. We are also reinstating a required amendment that has been modified to be consistent with the court's decision. 73 FR 38918 https://www.govinfo.gov/app/details/FR-2008-07-08/E8-15432 E8-15432 fr08jy08-14 4310-05-P PA-151-FOR Docket ID: OSM-2008-0013 https://www.govinfo.gov/app/details/FR-2008-07-08/E8-15432 https://www.govinfo.gov/content/pkg/FR-2008-07-08/html/E8-15432.htm https://www.govinfo.gov/content/pkg/FR-2008-07-08/pdf/E8-15432.pdf Intergovernmental Relations Surface Mining Underground Mining 3 p. 38918 38920 73 FR 38918 Title 30 Part 938 30 CFR Part 938 Pennsylvania Regulatory Program; Federal Register Vol. 73, Issue RULE E8-15432 DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 2008-07-08 PA-151-FOR Docket ID: OSM-2008-0013 4310-05-P E8-15432 Final rule; disapproval of amendment and reinstatement of a required amendment

We are disapproving two changes to the Pennsylvania regulatory program (the "Pennsylvania program") regulations under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act) which were previously submitted under amendment PA-147-FOR. While we approved the other proposed changes related to PA-147-FOR, we deferred our decision on two changes pertaining to the discontinuation of a $100 per acre reclamation fee pending the outcome of litigation before the United States Court of Appeals for the Third Circuit in the matter of Pennsylvania Federation of Sportsmen's Clubs Inc. et al. v. Norton, (PFSC v. Norton) No. 06-1780. We now have the U.S. Court of Appeals decision before us. The decision sets aside our October 7, 2003, final rule removing a required amendment pertaining to the Pennsylvania alternative bonding system. Therefore, we are now disapproving the two changes pertaining to the discontinuation of the fee. We are also reinstating a required amendment that has been modified to be consistent with the court's decision.

Effective Date: July 8, 2008. George Rieger, Chief, Pittsburgh Field Division, Telephone: (717) 782-4036, e-mail: grieger@osmre.gov. Intergovernmental Relations Surface Mining Underground Mining Pennsylvania Regulatory Program, grieger@osmre.gov Vol. 73, no. 131 Office of the Federal Register, National Archives and Records Administration 2008-07-08 continuing daily deposited born digital 341 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2008-07-08 P0b002ee1809b540e 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr08jy08 https://www.govinfo.gov/app/details/FR-2008-07-08 https://www.govinfo.gov/content/pkg/FR-2008-07-08/pdf/FR-2008-07-08.pdf https://www.govinfo.gov/content/pkg/FR-2008-07-08/xml/FR-2008-07-08.xml fdlp 38883 39212 DGPO 2010-09-23 2024-06-05 FR-2008-07-08 machine generated eng FR FR-2008-07-08 73 131