2003 FEDERAL REGISTER NOTICES

	*2003 Federal Register* notices** January 1, 2003 - July 15, 2003

Following are summaries of 2003 Federal Register notices pertaining to the Office of Surface Mining and the implementation of the Surface Mining Law. Federal Register notices are also available for 2002, 2001, 2000, 1999, and 1998. To locate specific notices or information on this page use your browser "FIND" button. The full text of all notices listed below is available at GPO ACCESS. In addition to a search capability of the Federal Register, GPO ACCESS also contains the Congressional Record, Congressional Bills, and other federal government information. Copies of notices that reside on this web site are active links.

July 15, 2003 68 FR 41843
Notice of Proposed Information Collection
ACTION: Notice and request for comments.
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing that the information collection requests for 30 CFR part 733, Maintenance of State programs and procedures for substituting Federal enforcement of State programs and withdrawing approval of State programs; 30 CFR part 785, Requirements for permits for special categories of mining; and 30 CFR part 876, Acid mine drainage treatment and abatement program, have been forwarded to the Office of Management and Budget (OMB) for review and comment. The information collection requests describe the nature of the information collections and their expected burden and cost.

July 11, 2003 68 FR 41400
Notice of Proposed Information Collection for 1029-0094 and 1029-0098
ACTION: Notice and request for comments.
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request approval to continue the collections of information for general provisions at 30 CFR part 700, and the petition process for the designation of Federal lands as unsuitable for all or certain types of surface coal mining operations and for termination of previous designations found at 30 CFR part 769. These information collection activities were previously approved by the Office of Management and Budget (OMB), and assigned them clearance numbers 1029-0094 and-0098, respectively.

July 7, 2003 (30 CFR Part 913) 68 FR 40138
Illinois Regulatory Program
ACTION: Final rule; approval of amendment.
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving an amendment to the Illinois regulatory program (Illinois program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The Illinois Department of Natural Resources, Office of Mines and Minerals (Department or Illinois) revised its regulations pertaining to definitions, areas designated by Act of Congress, criteria for designating areas as unsuitable for surface coal mining operations, requirements for permits and permit processing, coal exploration, and performance bond release. Illinois also corrected or removed outdated references in several regulations. Illinois revised its program to be consistent with the corresponding Federal regulations and to clarify ambiguities.

July 7, 2003 (30 CFR Part 934) 68 FR 40142
North Dakota Regulatory Program
ACTION: Final rule; approval of amendment.
We are approving a proposed amendment to the North Dakota regulatory program (the "North Dakota program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). North Dakota proposed revisions to its revegetation policy document, "Standards for Evaluation of Revegetation Success and Recommended Procedures for Pre- and Postmining Vegetation Assessments." On its own initiative, it intended to revise its program to improve operational efficiency, clarify ambiguities, and revise its revegetation policy document to reflect the corresponding changes made to its rules, the North Dakota Administrative Code (NDAC).

July 7, 2003 (30 CFR Part 938) 68 FR 40147
Pennsylvania Regulatory Program
ACTION: Final rule; approval of amendment.
We are approving, with certain exceptions, a proposed amendment to the Pennsylvania regulatory program (the "Pennsylvania program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Pennsylvania proposed to revise its program regarding rules related to the criteria and procedures for designating areas as unsuitable for surface mining. Pennsylvania modified these rules to be consistent with the corresponding Federal regulations and SMCRA and because under its Regulatory Basics Initiative, Pennsylvania considered its former regulations to be unclear, unnecessary or more stringent than the corresponding Federal regulations.

July 7, 2003 (30 CFR Part 943) 68 FR 40154
Texas Regulatory Program
ACTION: Final rule; approval of amendment.
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving an amendment to the Texas regulatory program (Texas program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The Railroad Commission of Texas, Surface Mining and Reclamation Division (Texas or Commission) proposed to add a new rule to its administrative hearing procedures concerning telephonic hearing proceedings. Texas intends to revise its program to improve operational efficiency.

July 7, 2003 (30 CFR Part 948) 68 FR 40157
West Virginia Regulatory Program
ACTION: Final rule; approval of amendment.
We are approving, with one exception, a proposed amendment to the West Virginia surface coal mining regulatory program (the West Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The program amendment consists of changes to the Code of West Virginia (W. Va. Code) as contained in House Bills 2881 and 2882, and changes to the State's Coal Related Dam Safety Rules at Code of State Regulations (CSR) 38-4, and West Virginia's Surface Mining Reclamation Regulations at CSR 38-2 as contained in House Bill 2603. The amendment concerns a variety of topics including bond release, dam safety, permit application requirements, drainage and sediment control systems, fish and wildlife considerations, revegetation, performance standards, inspection and enforcement, coal refuse, and performance standards applicable to remining operations. The amendment is intended to improve the effectiveness of the West Virginia program and to render the West Virginia program no less effective than the Federal regulations.

July 7, 2003 (30 CFR Part 934) 68 FR 40225
North Dakota Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.
We are announcing receipt of 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 or the Act). North Dakota proposes revisions to its rules about bonding, blasting, and revegetation success standards. North Dakota intends to revise its program to clarify ambiguities, and improve operational efficiency.

This document gives the times and locations that the North Dakota program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.

July 7, 2003 (30 CFR Part 946) 68 FR 40227
Virginia Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendments.
We are announcing receipt of a proposed amendment to the Virginia regulatory program (Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The program amendment is intended to increase the permit and anniversary fees for Coal Surface Mining and Reclamation permits issued by the Virginia Department of Mines, Minerals and Energy (DMME).

June 27, 2003 (30 CFR Part 948) 68 FR 38179
West Virginia Regulatory Program
ACTION: Final rule; approval of amendment.
We are announcing our approval of amendments to the West Virginia surface coal mining regulatory program (the West Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The amendments we are approving concern various changes and additions to the Code of State Regulations as contained in State House Bill 4163 and Senate Bill 2002.

June 27, 2003 (30 CFR Part 917) 68 FR 38255
Kentucky Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.
We, OSM, are announcing the receipt of a proposed amendment to the Kentucky regulatory program (the "Kentucky program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or "the Act"). Kentucky's proposed amendment consists of legislation passed by the Kentucky General Assembly in 2002 designating the ridge top of Pine Mountain as the Pine Mountain Trail State Park. Because the legislation designating the park expressly provides that it does not affect mining rights, it may raise issues concerning Federal unsuitability rules.

We are seeking public comments on two issues. First, we are seeking comments on whether, based on the discussion found in Section II of this notice, the Kentucky legislation constitutes an amendment to the approved regulatory program. Second, should the legislation constitute an amendment to the approved program, we are seeking public comments on whether the State legislation is consistent with Federal unsuitability provisions.

This document gives the times and locations that the Kentucky program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.

June 26, 2003 (30 CFR Part 938) 68 FR 37987
Pennsylvania Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on a proposal to remove a required amendment.
We are announcing the proposed removal of a required amendment to the Pennsylvania regulatory program (the "Pennsylvania program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The amendment required Pennsylvania to demonstrate that the revenues generated by its collection of the reclamation fee will assure that the Surface Mining Conservation and Reclamation Fund (Fund) can be operated in a manner that will meet the alternative bonding system requirements contained in the Federal regulations. In addition, the amendment required Pennsylvania to clarify the procedures to be used for bonding the surface impacts of underground mines and the procedures to reclaim underground mining permits where the operator has defaulted on the obligation to reclaim.

This document gives the times and locations that the Pennsylvania program is available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.

June 16, 2003 68 FR 35701
Notice of Proposed Information Collection for 1029-0119
ACTION: Notice and request for comments.
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request renewed approval for the collection of information for the Abandoned Mine Land Contractor Information form.

June 3, 2003 (30 CFR Part 906) 68 FR 33032
Colorado Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.
We are announcing receipt of a proposed amendment to the Colorado regulatory program (hereinafter, the "Colorado program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Colorado proposes revisions to and additions of rules about land use definitions, alluvial valley floor application contents, permit decisions, soil surveys, permit review criteria, requests for formal hearings on minor permit revision application decisions, bond release procedures, culverts and bridges, sedimentation ponds and other treatment facilities, topsoil handling, mulching and soil-stabilizing practices, revegetation, normal husbandry practices, and prime farmland.

Colorado also proposes a memorandum of understanding (MOU) between the Division of Minerals and Geology and the State Historic Preservation Officer.

This document gives the times and locations that the Colorado program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.

June 3, 2003 (30 CFR Part 934) 68 FR 33035
North Dakota Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.
We are announcing receipt of 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 or the Act). North Dakota proposes revisions to and additions of rules pertaining to the definition of "valid existing rights," the process for determining whether or not a mine operator has valid existing rights, lands prohibited from mining, changes in the format of permit applications, general requirements for mining plans, land descriptions for partial bond release requests, filing requirements for copies of reports required by the State Health Department, sediment control measures, and removal of sedimentation ponds.

North Dakota intends to revise its program to be consistent with the corresponding Federal regulations and improve operational efficiency.

June 3, 2003 (30 CFR Part 938) 68 FR 33037
Pennsylvania Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.
We are announcing the proposed removal of a required amendment to the Pennsylvania regulatory program (the "Pennsylvania program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The required amendment concerns configuration and species composition for reclaimed forest land.

May 21, 2003 68 FR 27845
Notice of Proposed Information Collection for 1029-0061 and 1029-0110
ACTION: Notice and request for comments.
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request renewed approval for the collections of information for 30 CFR part 795, Permanent Regulatory Program-Small Operator Assistance Program (SOAP), and two technical training program course effectiveness evaluation forms. These collection requests have been forwarded to the Office of Management and Budget (OMB) for review and comment. The information collection requests describe the nature of the information collections and the expected burden and cost.

May 8, 2003 (30 CFR Part 950) 68 FR 24647
Wyoming Regulatory Program
ACTION: Final rule; approval of amendment.
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- [*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.

May 8, 2003 (30 CFR Part 917) 68 FR 24644
Kentucky Regulatory Program
ACTION: Final rule; approval of amendment.
We are approving a proposed amendment to the Kentucky regulatory program (the "Kentucky program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Kentucky proposed revisions to the Kentucky Administrative Regulations (KAR) at 16/18:090 sections 1, 4, and 5 and added section 6 pertaining to sedimentation ponds and "other treatment facilities." Kentucky revised its program to be consistent with the corresponding Federal regulations.

May 7, 2003 (May 7, 2003) 68 FR 24355
West Virginia Regulatory Program
ACTION: Final rule; approval of amendment.
We are approving a proposed amendment to the West Virginia surface coal mining regulatory program (the West Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The amendment consists of changes to the Code of West Virginia (W. Va. Code) as contained in Senate Bill 603. The amendment concerns reclamation plan requirements and authorizes the submittal and inclusion of master land use plans for postmining land use in permit application reclamation plans. The amendments are intended to improve the effectiveness of the West Virginia program.

May 2, 2003 68 FR 23496
Notice of Proposed Information Collection for 1029-0103
ACTION: Notice and request for comments.
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining (OSM) is announcing its intention to renew its authority for the collection of information for noncoal reclamation, 30 CFR Part 875.

April 29, 2003 ( 30 CFR Part 920) 68 FR 22600
Maryland Regulatory Program
ACTION: Final rule; approval of amendment.
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving a proposed amendment to the Maryland regulatory program (the "Maryland program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Maryland proposed to revise its program by making changes to the Code of Maryland Regulations (COMAR) concerning the survey of structures and renewable resources lands; the definitions of material damage and [*22601] replacement of water supply; subsidence control and subsidence control plans; hydrologic balance; surface owner protection from subsidence; and deep mine bonding requirements. Maryland intended to revise its program to be consistent with Federal rules promulgated by OSM as a result of the Energy Policy Act of 1992.

April 29, 2003 ( 30 CFR Part 917) 68 FR 22646
Kentucky Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.
We are announcing the proposed removal of a required amendment to the Kentucky regulatory program (the "Kentucky program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The required amendment is found at 30 CFR 917.16(g). This document gives the times and locations that the Kentucky program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.

April 22, 2003 (30 CFR Part 938) 68 FR 19742
Pennsylvania Regulatory Program
ACTION: Final rule; approval of amendment.
We are announcing the removal of a required amendment to the Pennsylvania regulatory program (the "Pennsylvania program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). We are removing the required amendment because the Federal regulation upon which the required amendment was based no longer exists.

April 14, 2003 ( 30 CFR Part 948) 68 FR 17896
West Virginia Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendments.
We are announcing receipt of a proposed amendment to the West Virginia regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The program amendment consists of changes to the Code of West Virginia (W. Va. Code) as contained in House Bills 2881 and 2882, changes to the Coal Related Dam Safety Rules at Code of State Regulations (CSR) 38-4, and changes to the Surface Coal Mining and Reclamation Regulations at CSR 38-2 as contained in House Bill 2603. The amendment concerns a variety of topics including bond release, dam safety, permit application requirements, drainage and sediment control systems, fish and wildlife considerations, revegetation, performance standards, inspection and enforcement, coal refuse, and performance standards applicable to remining operations. The amendment is intended to improve the effectiveness of the West Virginia program and to render the West Virginia program no less effective than the Federal regulations.

April 10, 2003 (30 CFR Part 901) 68 FR 17546
Alabama Regulatory Program
ACTION: Final rule; approval of amendment.
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving an amendment to the Alabama regulatory program (Alabama program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Alabama proposed revisions to its rules concerning forms and license applications. Alabama revised its program to improve operational efficiency.

April 10, 2003 30 (CFR Part 943) 68 FR 17566
Texas Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing receipt of a proposed amendment to the Texas regulatory program (Texas program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Texas proposes to add a new rule to its administrative hearing procedures concerning telephonic hearing proceedings. Texas intends to revise its program to improve operational efficiency.

This document gives the times and locations that the Texas program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.

March 31, 2003 68 FR 15482
Notice of Proposed Information Collection for 1029-0035 and 1029-0063
ACTION: Notice and request for comments.
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing that the information collection requests for the titles described below have been forwarded to the Office of Management and Budget (OMB) for review and comment. The information collection requests describe the nature of the information collections and their expected burden and cost.

March 25, 2003 (30 CFR Part 916) 68 FR 14322
Kansas Regulatory Program and Abandoned Mine Land Reclamation Plan
ACTION: Final rule; approval of amendment.
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving an amendment to the Kansas regulatory program and abandoned mine land reclamation (AMLR) plan (Kansas program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Kansas proposed to revise its regulatory program by updating its adoption by reference of applicable portions of 30 CFR part 700 to End from the July 1, 1995, version to the July 1, 2001, version. Kansas also revised its regulation concerning permit reviews. Finally, Kansas revised its AMLR plan by adding a new regulation concerning abandoned mine land (AML) agency procedures for reclamation projects receiving less than 50 percent government funding. Kansas revised its program to be consistent with the corresponding Federal regulations.

March 25, 2003 (30 CFR Part 920) 68 FR 14360
Maryland Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.
We, OSM, are announcing receipt of a proposed amendment to the Maryland regulatory program (the "Maryland program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Maryland proposes revisions to and additions of rules about descriptions of proposed mining operations, impoundments, and inspection and certification of impoundments.

This document gives the times and locations that the Maryland program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.

March 14, 2003 68 FR 12379
Notice of Proposed Information Collection for 1029-0025, 1029-0040 and 1029-0104
ACTION: Notice and request for comments.
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request renewed approval for the collections of information for 30 CFR 733, Maintenance of state programs and procedures for substituting federal enforcement of state programs and withdrawing approval of state programs; 785, Requirements for permits for special categories of mining; and 876, Acid mine drainage treatment and abatement program.

March 4, 2003 (30 CFR Part 948) 68 FR 10178
West Virginia Regulatory Program
ACTION: Final rule.
We are correcting our decision on an amendment submitted by the State of West Virginia as a modification to its permanent regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). On May 1, 2002, we published our decision on the provisions submitted by West Virginia. We are correcting our decisions on four of the State's responses that were intended to satisfy required program amendments. The decisions being corrected concern the use of an unjust hardship criterion in support of granting temporary relief of an order, economic feasibility related to appeals to the Environmental Quality Board concerning the West Virginia Surface Coal Mining and Reclamation Act (WVSCMRA) and, water supply replacement waivers, and coal removal incidental to development. This correction is intended to comply with the decision of the United States District Court for the Southern District of West Virginia.

March 4, 2003 (30 CFR Part 950) 68 FR 10193
Wyoming Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.
We are announcing receipt of a proposed amendment to the Wyoming regulatory program (hereinafter, the "Wyoming program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Wyoming proposes revisions to its coal rules about roads, mine facilities, and excess spoil. Wyoming intends to revise its program to be consistent with the corresponding Federal regulations and clarify ambiguities.

This document gives the times and locations that the Wyoming program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.

February 27, 2003 (30 CFR Part 875) 68 FR 9500
Abandoned Mine Land Reclamation Notices
ACTION: Final rule. We are revising our regulations governing the processing of State and tribal grant applications to build public facilities using Abandoned Mine Land (AML) Reclamation Funds. The existing regulations require us to publish a Federal Register notice whenever we receive a grant application to build a public facility. We are changing this requirement to one that requires us to publish a notice only when the Director of the Office of Surface Mining (OSM) finds it necessary to ensure adequate public notice of the grant application. We are also correcting errors in four cross-references.

February 11, 2003 (30 CFR Part 917) 68 FR 6838
Kentucky Abandoned Mine Land Reclamation Plan
ACTION: Proposed rule; public comment period and opportunity for public hearing.
We are announcing receipt of a proposed amendment to the Kentucky abandoned mine land reclamation plan (Kentucky plan) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Kentucky proposes to revise the Kentucky plan in its entirety to be consistent with the corresponding Federal regulations and SMCRA.

This document gives the times and locations that the Kentucky plan and the amendment to that plan are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that will be followed for the public hearing, if one is requested.

February 11, 2003 (30 CFR Part 934) 68 FR 6842
North Dakota Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.
We are announcing receipt of 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 or the Act). North Dakota proposes revisions to its revegetation policy document. North Dakota intends to revise its program to clarify ambiguities and improve operational efficiency.

January 23, 2003 68 FR 3266
Notice of Proposed Information Collection for 1029-0061 and 1029-0110
ACTION: Notice and request for comments.
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request approval to continue the collections of information under 30 CFR Part 795, Permanent Regulatory Program-Small Operator Assistance Program (SOAP), and two technical training program course effectiveness evaluation forms. These information collection activities were previously approved by the Office of Management and Budget (OMB), and assigned clearance numbers 1029-0061 and-0110, respectively.

January 17, 2003 ( 30 CFR Part 936) 68 FR 2447
Oklahoma Regulatory Program
ACTION: Final rule; approval of amendment.
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving an amendment to the Oklahoma regulatory program (Oklahoma program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Oklahoma proposed revisions to its regulations concerning employment and financial interests of State employees and members of advisory boards and commissions and remining and reclamation of previously mined and certain inadequately reclaimed lands. Oklahoma intends to revise its program to be consistent with the corresponding Federal regulations and/or statutes. Oklahoma also intends to correct some cross references and typographical and grammatical errors.

January 17, 2003 68 FR 2574
Notice of Proposed Information Collection
ACTION: Notice and request for comments.
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request approval for the collections of information for 30 CFR parts 779 and 870 and the OSM-1 Form.

January 17, 2003 68 FR 2575
Notice of Proposed Information Collection
ACTION: Notice and request for comments.
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing that the information collection request for 30 CFR part 783, Underground Mining Permit Applications-Minimum Requirements for Information on Environmental Resources has been forwarded to the Office of Management and Budget (OMB) for review and comment. The information collection request describes the nature of the information collection and the expected burden and cost.

January 16, 2003 (30 CFR Part 917) 68 FR 2196
Kentucky Regulatory Program
ACTION: Final rule; approval of amendment.
We are approving, with one exception, a proposed amendment to the Kentucky regulatory program (the "Kentucky program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Kentucky proposed revisions to the Kentucky Revised Statutes (KRS) at 350.445 pertaining to the construction of a road above a highwall. Kentucky revised its program to be consistent with the corresponding Federal regulations.

January 16, 2003 (30 CFR Part 917) 68 FR 2199
Kentucky Regulatory Program
ACTION: Final rule; technical amendment.
We are announcing the removal of two instructions to Kentucky pertaining to required amendments to the Kentucky regulatory program (the "Kentucky program"). The Kentucky program was established under the Surface Mining Control and Reclamation of 1977 (SMCRA or the Act) and authorizes Kentucky to regulate surface coal mining and reclamation operations in Kentucky. We are removing the instructions because the actions we required are no longer applicable and nothing further is required from the State.

January 16, 2003 (30 CFR Part 901) 68 FR 2263
Alabama Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing receipt of a proposed amendment to the Alabama regulatory program (Alabama program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Alabama proposes revisions to its rules about forms and license applications. Alabama intends to revise its program to improve operational efficiency.

This document gives the times and locations that the Alabama program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.

January 16, 2003 (30 CFR Part 916) 68 FR 2265
Kansas Regulatory Program and Abandoned Mine Land Reclamation Plan
ACTION: Proposed rule; reopening and extension of public comment period on proposed amendment.
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing receipt of an addition to a previously proposed amendment to the Kansas regulatory program and abandoned mine land reclamation (AMLR) plan (Kansas program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The addition concerns abandoned mine land (AML) agency procedures for reclamation projects receiving less than 50 percent government funding. Kansas intends to revise its program to be consistent with the corresponding Federal regulations.

January 16, 2003 (30 CFR Part 920) 68 FR 2268
Maryland Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.
We are announcing the receipt of a proposed amendment to the Maryland regulatory program (the "Maryland program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Maryland proposes revisions to and additions of rules about the definition of "material damage," the definition of "replacement of water supply," survey of structures and renewable resources lands, subsidence control plans, the general requirements for hydrologic balance, the general requirements for subsidence control, surface owner protection related to subsidence control, and deep mine bonding requirements. Maryland intends to revise its program to be consistent with Federal rules promulgated by OSM as a result of the Energy Policy Act of 1992.

January 7, 2003 (30 CFR Part 938) 68 FR 721
Pennsylvania Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing the proposed removal of a required amendment to the Pennsylvania regulatory program (the "Pennsylvania program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). OSM is proposing to remove the required amendment because the Federal regulation upon which the required amendment is based no longer exists. This document gives the times and locations that the Pennsylvania program is available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.

January 6, 2003 (30 CFR Part 944) 68 FR 521
Utah Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.
We are announcing receipt of a proposed amendment to the Utah regulatory program (hereinafter, the "Utah program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The State proposes to revise provisions of the Utah Code Annotated (UCA) that pertain to submitting permit applications and reclamation plans, and to add new provisions for providing certain assistance to operators who mine no more than 300,000 tons of coal. Utah intends to revise its program to be consistent with SMCRA, to clarify wording, and to recodify parts of the Utah Code.

This document gives the times and locations that the Utah program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.

January 3, 2003 68 FR 400
UTAH RECLAMATION MITIGATION AND CONSERVATION COMMISSION
ACTION: Notice of Availability of the Draft Environmental Assessment for the Rehabilitation or Replacement of Diversion Dams on the Duchesne and Strawberry Rivers in Utah.
The Central Utah Project Completion Act (Pub. L. 102-575) authorized federal funds to rehabilitate diversion dams on the Duchesne and Strawberry Rivers in Utah. The project is needed to reduce adverse affects on fish and wildlife resources.

The Draft Environmental Assessment (DEA) was prepared as a Programmatic document. It discusses potential environmental impacts associated with reconstructing and operating an unspecified diversion dam on the Duchesne or Strawberry River. The new diversion dam could serve single or multiple diversion rights. Potential environmental impacts addressed in the document are those impacts that would be expected regardless of which diversion dam is rehabilitated. Potential impacts to wetlands, threatened and endangered species, and cultural resources are generally site specific and/or require special permits. Potential impacts to these environmental disciplines would be addressed in a Supplemental Environmental Assessment, if needed.

The DEA provides the public and decision makers information to understand and evaluate potential environmental consequences. The DEA was developed with the public in accordance with the Commissions National Environmental Policy Act (NEPA) Rule (43 CFR part 10010.20).

The DEA is related to other potential future actions, specifically the detailed design and implementation of diversion dam replacements or rehabilitation. The programmatic perspective has been considered in the document. Future construction projects may require separate or supplemental NEPA compliance.

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