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OSM Seal 2001 Federal Register notices
January 1, 2001 - December 31, 2001
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Following are summaries of 2001 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 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.
December 28, 2001 (30 CFR Part 948) 66 FR 67446
West Virginia 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 West Virginia surface coal mining regulatory program (the West Virginia program) authorized 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 Enrolled Senate Bill 5003. The amendment creates a Special Reclamation Fund Advisory Council and increases the special reclamation tax rate on coal to provide additional revenues for the West Virginia Special Reclamation Fund.


December 28, 2001 (30 CFR Part 948) 66 FR 67455
West Virginia Regulatory Program
ACTION: Proposed rule; opening of public comment period and opportunity for public hearing on an amendment.

We, the Office of Surface Mining Reclamation and Enforcement (OSM) are announcing the opening of a public comment period and an opportunity for public hearing or meeting on the effectiveness of a recently approved amendment to the West Virginia surface mining regulatory program (the West Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act) to satisfy the Federal requirements regarding an alternative bonding system (ABS). We announced approval of an amendment to the West Virginia program concerning the State's ABS in a final rule document that appears elsewhere in this Federal Register issue. The amendment consisted of changes to the Code of West Virginia (W. Va. Code) as contained in Enrolled Senate Bill 5003, and: established the Special Reclamation Fund Advisory Council; increased the special reclamation tax rate to provide additional revenue for the reclamation of bond forfeiture sites; and deleted language that limited expenditures from the State's ABS for water treatment.

We are opening this comment period to provide all interested parties additional time to review the relevant materials and to submit comments on whether the State amendment, as submitted on September 24, 2001, and approved by OSM elsewhere in this Federal Register issue fully resolves all ABS deficiencies and satisfies the required program amendment codified at 30 CFR 948.16(lll). That requirement provides that the State must eliminate the deficit in its ABS and ensure that sufficient money will be available in the future to complete reclamation, including the treatment of polluted water, at all existing and future bond forfeiture sites. We are seeking comment on whether the State's amendment provides a permanent, long-term solution to the State's ABS problems.

Comments previously submitted in response to our October 24, 2001 <=8> (66 FR 53749), Federal Register notice on the State's amendment need not be resubmitted.

This document gives the times and locations that the State's amendment and other relevant documents are available for your inspection, the comment period during which you may submit written comments on whether the amendment fully satisfies all outstanding requirements concerning West Virginia's ABS, and the procedures that we will follow for the public hearing or meeting, if one is requested.



December 27, 2001 (30 CFR Part 915) 66 FR 66743
Iowa Regulatory Program
ACTION: Final rule; approval of amendment.

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving an amendment to the Iowa regulatory program (Iowa program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The Iowa Department of Agriculture and Land Stewardship, Division of Soil Conservation, Mines and Minerals Bureau (Division or Iowa) proposed revisions to its April 1999 revegetation success guidelines concerning normal husbandry practices; minimum planting arrangements and tree and shrub stocking requirements for recreational, wildlife, and forested lands; and criteria for dry weight determinations for corn, soybean, oat, and wheat crops. Iowa intends to revise its program to be consistent with the corresponding Federal regulations.


December 27, 2001 (30 CFR Part 938) 66 FR 67010
Pennsylvania Regulatory Program
ACTION: Final rule.

OSM is approving, with the exceptions noted below, an amendment to the Pennsylvania program. Pennsylvania is amending its Bituminous Mine Subsidence and Land Conservation Act (BMSLCA) and implementing regulations at 25 Pa. Code Chapter 89 to require underground mine operators to repair or compensate landowners for subsidence damage to certain structures and facilities and to restore or replace water supplies adversely impacted by underground mining operations.


December 26, 2001 (30 CFR Part 917) 66 FR 66314
Kentucky Regulatory Program
ACTION: Final rule.

OSM is approving an amendment to the Kentucky regulatory program (Kentucky program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Kentucky is proposing revisions to the Kentucky Administrative Regulations (KAR) pertaining to the general requirements for performance bonds and liability insurance. Kentucky intends to revise its program to be consistent with the corresponding Federal regulations.


December 26, 2001 (30 CFR Part 918) 66 FR 66377
Louisiana Regulatory Program
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 revisions to a previously proposed amendment to the Louisiana regulatory program (Louisiana program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The revisions concern valid existing rights. Louisiana intends to revise its program to be consistent with the corresponding Federal regulations.


December 21, 2001 (30 CFR Part 936) 66 FR 65858
Oklahoma 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 Oklahoma regulatory program (the Oklahoma program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The Oklahoma Department of Mines (Department or Oklahoma) proposes revisions to and additions of rules about areas designated by act of Congress as unsuitable for mining and coal exploration operations. Oklahoma intends to revise its program to be consistent with the corresponding Federal regulations.

This document gives the times and locations that the Oklahoma 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.



December 21, 2001 66 FR 65990
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 under 30 CFR parts 750 and 877 which relate the surface coal mining and reclamation operations on Indian Lands; and use of police power, if necessary, to effect entry upon private lands to conduct reclamation activities or exploratory studies if the landowner refuses consent or is not available, respectively.


December 14, 2001 (30 CFR Part 918) 66 FR 64746
Louisiana Regulatory Program
ACTION: Final rule; approval of amendment.

The Office of Surface Mining Reclamation and Enforcement (OSM) is approving an amendment to the Louisiana regulatory program (Louisiana program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Louisiana proposed to add standards for measuring revegetation success on pastureland. Louisiana intends to revise the Louisiana program to be consistent with the corresponding Federal regulations and to improve operational efficiency.


December 11, 2001 (30 CFR Part 936) 66 FR 63968
Oklahoma Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.

The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of a proposed amendment to the Oklahoma regulatory program (Oklahoma program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Oklahoma proposes revisions to its rules 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. Oklahoma also intends to correct some cross references and typographical and grammatical errors.

This document gives the times and locations that the Oklahoma program and the 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.



December 4, 2001 (30 CFR Part 944) 66 FR 62917
Utah Regulatory Program
ACTION: Final rule; approval of amendment.

The Office of Surface Mining Reclamation and Enforcement (OSM) is approving a proposed amendment to the Utah regulatory program (hereafter, the "Utah program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or "the Act"). Utah proposed changes to definitions and engineering and hydrology provisions in its rules about subsidence control plans, subsidence control, and water replacement. Utah intended to revise its program to be consistent with the corresponding Federal regulations.


December 3, 2001 (30 CFR Chs. II and VII) 66 FR 61663
Semiannual Regulatory Agenda
ACTION: Semiannual regulatory agenda.

This notice provides the semiannual agenda of rules scheduled for review or development between October 2001 and April 2002. The Regulatory Flexibility Act and Executive Order 12866 require publication of the agenda.


November 30, 2001 (30 CFR Part 916) 66 FR 59751
Kansas Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing receipt of a proposed amendment to the Kansas regulatory program (Kansas program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The Kansas Department of Health and Environment, Surface Mining Section (Kansas) is proposing to consolidate and revise its approved revegetation success guidelines. The amendment is intended to revise the Kansas program to be consistent with the corresponding Federal regulations and to improve operational efficiency.
This document gives the times and locations that the Kansas program and the proposed amendment to that program are available for public inspection, the comment period during which you may submit written comments on the proposed amendment, and the procedures that we will follow for the public hearing, if one is requested.


November 27, 2001 (30 CFR Part 913) 66 FR 59201
Illinois Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.

The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of a proposed 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 (Illinois or Department) proposes revisions to and additions of regulations concerning regulatory coordination with requirements under other laws, permit processing requirements, permit fees, right of entry, performance bonds, revegetation timing, standards for measuring revegetation success of herbaceous wildlife, affected acreage, use of explosives, high capability lands, suspension or revocation of permits, and public and administrative hearings. Illinois also proposes to correct or remove outdated references in several regulations. Illinois intends to revise its program to be consistent with the corresponding Federal regulations, to clarify ambiguities, and to improve operational efficiency.

This document gives the times and locations that the Illinois program and the 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.



November 21, 2001 (30 CFR Part 913) 66 FR 58371
Illinois Regulatory Program
ACTION: Final rule; approval of amendment.

The Office of Surface Mining Reclamation and Enforcement (OSM) is approving an amendment to the Illinois regulatory program (Illinois program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Illinois proposed revisions to and additions of statutory provisions concerning lands eligible for remining, the Illinois Interagency Committee on Surface Mining Control and Reclamation, lands unsuitable petitions, and rulemaking procedures. Illinois intends to revise its program to be consistent with SMCRA and to clarify ambiguities.


November 21, 2001 (30 CFR Part 926) 66 FR 58375
Montana Regulatory Program
ACTION: Final rule; approval of amendment.

The Office of Surface Mining Reclamation and Enforcement (OSM) is approving a proposed amendment to the Montana regulatory program (hereinafter, the Montana program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or "the Act"). Montana proposed a statutory revision concerning transfer of a revoked permit. HB-495 was passed by the Montana legislature and signed into law by the Governor to enable the transfer of a revoked permit to a new party so as to continue the original proposed coal mining and reclamation operation. The State intends to revise its program to improve operational efficiency.


November 21, 2001 (30 CFR Parts 723 and 845) 66 FR 58644
Civil Penalty Adjustments
ACTION: Final rule.

This rule adjusts the penalty amount of certain civil monetary penalties authorized by the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The rule implements the Federal Civil Penalties Inflation Adjustment Act of 1990 which requires that civil monetary penalties be adjusted for inflation at least once every four years.


November 16, 2001 (30 CFR Part 914) 66 FR 57655
ndiana Regulatory Program
ACTION: Final rule; approval of amendment.

The Office of Surface Mining Reclamation and Enforcement (OSM) is approving, with additional requirements, an amendment to the Indiana regulatory program (Indiana program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The proposed amendment concerns recodification of Indiana's administrative rules for coal mining and reclamation operations. It also includes revisions to the rules pertaining to the definition of "affected area," identification of interests, compliance information, general requirements for reclamation plans, public availability of information included in permit applications, and permit conditions. Indiana recodified its rules in response to Indiana legislation requiring all administrative rules to be readopted every seven years.


November 16, 2001 (30 CFR Part 934) 66 FR 57660
North Dakota Regulatory Program
ACTION: Final rule; approval of amendment.

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 or the Act). North Dakota proposed revisions to its statutes concerning references to the State Historical Society and the title of the persons who head that agency. North Dakota revised its program to clarify ambiguities.


November 16, 2001 (30 CFR Part 938) 66 FR 57662
Pennsylvania Regulatory Program
ACTION: Final rule.

The Secretary of the Interior (Secretary) is approving legislation submitted by Pennsylvania as part of its regulatory program (Pennsylvania program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Pennsylvania submitted the legislation to satisfy a condition of program approval found at 30 CFR 938.11(i). The condition requires the submission of enacted laws providing for the award of costs and expenses that are no less effective than 30 CFR 840.15 and in accordance with section 525(e) of SMCRA.


November 7, 2001 (30 CFR Part 935) 66 FR 56263
Ohio Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.

The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of a proposed amendment to the Ohio regulatory program (hereinafter, the "Ohio program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Ohio proposes revisions to its rule defining "inactive coal mining and reclamation operation" to include permits containing restored prime farmland when certain requirements have been met. Ohio intends to revise its program to improve operational efficiency.


November 2, 2001 (30 CFR Part 918) 66 FR 55609
Louisiana Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.

The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of a proposed amendment to the Louisiana regulatory program (Louisiana program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Louisiana proposes additions of regulations concerning revegetation success standards for post-mining land uses of pastureland and wildlife habitat. Louisiana also proposes to add to its program a policy document that describes the criteria and procedures for determining reclamation phase III ground cover and stocking success for areas developed for wildlife habitat. Louisiana intends to revise its program to be consistent with the corresponding Federal regulations.

This document gives the times and locations that the Louisiana program and the 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.



November 2, 2001 (30 CFR Part 924) 66 FR 55611
Mississippi Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.

The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of a proposed amendment to the Mississippi regulatory program (Mississippi program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Mississippi proposes revisions to and additions of regulations concerning valid existing rights; roads; formal review of citations; and revegetation success standards. Mississippi intends to revise its program to be consistent with the corresponding Federal regulations and to improve operational efficiency.

This document gives the times and locations that the Mississippi program and the 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.



October 24, 2001 (30 CFR Part 948) 66 FR 53749
West Virginia Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.

The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of a proposed amendment to the West Virginia surface 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 Enrolled Senate Bill 5003. The amendment provides for the creation of a special reclamation fund advisory council, and additional revenues for the West Virginia special reclamation fund by increasing the special reclamation tax. The amendment is intended to improve the effectiveness of the West Virginia program and to revise the program to be consistent with SMCRA and the Federal regulations.

This document gives the times and locations that the West Virginia program and proposed amendment 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.



October 18, 2001 (30 CFR Part 901) 66 FR 52879
Alabama Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.

The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of an 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 and additions of regulations concerning valid existing rights. Alabama intends to revise its program to be consistent with the corresponding Federal regulations.

This document gives the times and locations that the Alabama program and the 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.



October 12, 2001 66 FR 52152
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 its Technical Evaluation customer surveys 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. The OMB control number for this collection of information is 1029-0114 and is on the forms along with the expiration date.


October 11, 2001 ( 30 CFR Part 950) 66 FR 51891
Wyoming Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.

The Office of Surface Mining Reclamation and Enforcement (OSM) is 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). Wyoming proposes revisions to rules about surface water hydrology, coal mine waste impoundments, alluvial valley floors, and Threatened and Endangered Plant Species. Wyoming intends to revise its program to be consistent with the corresponding Federal regulations, and improve operational efficiency.


October 5, 2001 ( 30 CFR Part 920) 66 FR 50827
Maryland Regulatory Program
ACTION: Final rule.

OSM is approving an amendment to the Maryland regulatory program (Maryland program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The amendment revises the Maryland statutes to require the use of financial disclosure forms by the Land Reclamation Committee. The amendment satisfies a required program amendment at 30 CFR 920.16(l). The amendment is intended to revise the Maryland program to be no less effective than the corresponding Federal regulations.


October 5, 2001 (30 CFR Part 904) 66 FR 50952
Arkansas Abandoned Mine Land Reclamation Plan and Regulatory Programs
ACTION: Proposed rule; public comment period and opportunity for public hearing.

The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of a proposed amendment to the Arkansas abandoned mine land reclamation plan (Arkansas plan) and the Arkansas regulatory program (Arkansas program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Arkansas proposes revisions to its abandoned mine land program regulations concerning eligible lands and water, reclamation objectives and priorities, and reclamation project evaluation. Arkansas also proposes to revise its regulatory program regulations concerning procedures for assessment conference and to add revegetation success standards for grazing land and prime farmland. Arkansas intends to revise its program to be consistent with the corresponding Federal regulations.

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



September 24, 2001 ( 30 CFR Part 915) 66 FR 48841
Iowa Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.

The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of a proposed amendment to the Iowa regulatory program (Iowa program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Iowa proposes revisions to its April 1999 revegetation success guidelines concerning normal husbandry practices; minimum planting arrangements and tree and shrub stocking requirements for recreational, wildlife, and forested lands; and criteria for dry weight determinations for corn, soybean, oat, and wheat crops. Iowa intends to revise its program to be consistent with the corresponding Federal regulations.

This document gives the times and locations that the Iowa program and the proposed amendment to that program are available for public 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.



September 20, 2001 (30 CFR Part 914) 66 FR 48390
Indiana Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.

The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of a proposed amendment to the Indiana regulatory program (Indiana program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The proposed amendment concerns recodification of Indiana's rules for coal mining and reclamation operations. It includes revisions to the rules pertaining to the definition of "affected area," identification of interests, compliance information, permit conditions, and public availability of permit applications. Indiana intends to revise its program in response to Indiana legislation requiring all State agency rules to be recodified every seven years.

This document gives the times and locations that the Indiana 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.



September 20, 2001 (30 CFR Part 918) 66 FR 48393
Louisiana Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.

The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of a proposed amendment to the Louisiana regulatory program (Louisiana program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Louisiana proposes revisions to and additions of regulations concerning valid existing rights. Louisiana intends to revise the Louisiana program to be consistent with the corresponding Federal regulations.

This document gives the times and locations that the Louisiana program and the 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.



September 20, 2001 (30 CFR Part 943) 66 FR 48396
Texas Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.

The Office of Surface Mining Reclamation and Enforcement (OSM) is 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 revisions to regulations concerning valid existing rights. Texas intends to revise its program to be consistent with the corresponding Federal regulations.

This document gives the times and locations that the Texas program and the 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.



August 20, 2001 (30 CFR Part 946) 66 FR 43480
Virginia Regulatory Program
ACTION: Final rule.

OSM is approving, with two exceptions, an amendment to the Virginia permanent regulatory program (hereinafter referred to as the Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The program amendment consists of changes to the Virginia Surface Mining Reclamation Regulations concerning letters of credit. The amendment is intended to revise the Virginia program to be consistent with the corresponding Federal regulations.


August 15, 2001 (30 CFR Part 904) 66 FR 42739
Arkansas Regulatory Program
ACTION: Final rule; approval of amendment.

The Office of Surface Mining Reclamation and Enforcement (OSM) is approving an amendment to the Arkansas regulatory program (Arkansas program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Arkansas proposed revisions and additions of regulations concerning definitions; areas where surface coal mining operations are prohibited or limited; exception for existing operations; procedures for compatibility findings for surface coal mining operations on federal lands in national forests; procedures for relocating or closing public roads or waiving prohibitions on surface coal mining operations within the buffer zone of public roads; procedures for waiving prohibitions on surface coal mining operations within the buffer zone of occupied dwellings; submission and processing of requests for valid existing rights determinations; director's obligations at time of permit application review; interpretative rule related to subsidence due to underground coal mining in areas designated by act of Congress; applicability to lands designated as unsuitable by Congress; exploration on land designated as unsuitable for surface coal mining operations; procedures: Initial processing, recordkeeping, and notification requirements; permit requirements for exploration that will remove more than 250 tons of coal or that will occur on lands designated as unsuitable for surface coal mining operations; relationship to areas designated unsuitable for mining; protection of publicly owned parks and historic places; relocation or use of public roads; road systems; public notices of filing of permit applications; legislative public hearing; and criteria for permit approval or denial. Arkansas intends to revise its program to be consistent with the corresponding Federal regulations and to enhance enforcement of the State program.


August 15, 2001 (30 CFR Part 914) 66 FR 42743
Indiana Regulatory Program
ACTION: Final rule; decision on amendment.

The Office of Surface Mining Reclamation and Enforcement (OSM) is not approving an amendment to the Indiana regulatory program (Indiana program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Indiana proposed the addition of a statute concerning post mining land use changes as nonsignificant permit revisions. Indiana intended to revise its program to improve operational efficiency.


August 15, 2001 )30 CFR Part 938) 66 FR 42750
Pennsylvania Regulatory Program
ACTION: Final rule; approval of amendment.

OSM is announcing the approval of a proposed amendment to the Pennsylvania regulatory program (Pennsylvania program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The amendment references Pennsylvania's anthracite coal mining regulations when describing conditions for meeting Stage 2 bond release where prime farmlands were present prior to mining. The amendment is intended to satisfy the conditions of the required regulatory program amendment at 30 CFR 938.16(p) and make the Pennsylvania program consistent with the corresponding federal regulations.


August 15, 2001 (30 CFR Part 913) 66 FR 42813
Illinois Regulatory Program
Proposed rule; public comment period and opportunity for public hearing.

The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of a proposed amendment to the Illinois regulatory program (Illinois program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Illinois proposes revisions to and additions of statutory provisions concerning lands eligible for remining, the Illinois Interagency Committee on Surface Mining Control and Reclamation, lands unsuitable petitions, and rulemaking procedures. Illinois intends to revise its program to be consistent with SMCRA and to clarify ambiguities.

This document gives the times and locations that the Illinois program and the 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.



August 15, 2001 (30 CFR Part 917) 66 FR 42815
Kentucky Regulatory Program
ACTION: Proposed rule; reopening of public comment period.

OSM is reopening the public comment period on a proposed amendment to the Kentucky regulatory program (Kentucky program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The proposed amendment consists of revisions to the Kentucky regulations pertaining to subsidence control. The amendment is intended to revise the Kentucky program to be consistent with the corresponding Federal regulations.


July 31, 2001 (30 CFR Part 756) 66 FR 39439
Navajo Abandoned Mine Land Reclamation Plan
ACTION: Final rule; approval of amendment.

The Office of Surface Mining Reclamation and Enforcement (OSM) is approving a proposed amendment to the Navajo abandoned mine land reclamation (AMLR) plan (hereinafter referred to as the "Navajo plan") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The Navajo Nation proposed to remove existing rules pertaining to noncoal reclamation after certification and exclusion of certain noncoal sites in view of rules it proposed to add elsewhere in its plan. The Navajo Nation proposed to add rules that will authorize it to: Restore lands and water adversely affected by past mineral mining, providing they reflect certain objectives and priorities; protect, repair, replace, construct, or enhance utilities; construct public facilities in communities impacted by coal and other mineral mining and processing practices; and request funds for activities or construction of specific public facilities related to the coal or minerals industry on Navajo Nation lands impacted by coal or mineral development. The Navajo Nation also proposes to add new provisions that will: Exclude certain noncoal reclamation sites; apply provisions for land acquisition and liens in its plan to its noncoal program; establish limited liability provisions; and require every successful bidder for an AML contract to be eligible to receive a mining permit at the time of contract award. The Navajo Nation intends to revise its plan to be consistent with the corresponding Federal regulations and SMCRA and to authorize it to undertake projects under section 411(f) of the Navajo Abandoned Mine Lands Reclamation Code.


July 3, 2001 66 FR 35266
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 the Procedures and Criteria for Approval or Disapproval of State Program Submissions, 30 CFR 732; and General Reclamation Requirements, 30 CFR 874, 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.


June 27, 2001 (30 CFR Part 918) 66 FR 34137
Louisiana Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.

The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of a proposed amendment to the Louisiana regulatory program (Louisiana program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Louisiana proposes to add standards for measuring revegetation success on pastureland. Louisiana intends to revise the Louisiana program to be consistent with the corresponding Federal regulations and to improve operational efficiency.

This document gives the times and locations that the Louisiana program and the 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 25, 2001 66 FR 33713
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 renew authority to collect information for a series of customer surveys to evaluate OSM's performance in meeting the performance goals outlined in its annual plans developed pursuant to the Government Performance and Results Act (GPRA). The Office of Management and Budget (OMB) previously approved the collection and assigned it clearance number 1029-0114.


June 20, 2001 (30 CFR Part 917) 66 FR 33020
Kentucky Regulatory Program
ACTION: Final rule.

OSM is approving, with exceptions, an amendment to the Kentucky regulatory program (Kentucky program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Kentucky is proposing revisions to the Kentucky Revised Statutes (KRS) pertaining to ownership and control, easement of necessity for the limited purpose of abatement of violations, and roads above highwalls. This rule addresses only the easement of necessity provision. The remaining provisions will be addressed in a future rulemaking (KY-225-FOR).


June 20, 2001 (30 CFR Part 948) 66 FR 33032
West Virginia Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.

OSM is 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 West Virginia Surface Coal Mining and Reclamation Act as contained in Senate Bill 603. The amendment concerns reclamation plan requirements and authorizes the submittal of a master land use plan for postmining land use. The amendment also revises the provisions concerning the Office of Coalfield Community Development. The amendment is intended to improve the effectiveness of the West Virginia program.


June 18, 2001 (30 CFR Part 920) 66 FR 32743
Maryland Regulatory Program
ACTION: Final rule.

OSM is approving an amendment to the Maryland regulatory program (Maryland program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA), 30 U.S.C. 1201 et seq., as amended. The amendment revises portions of the Maryland regulations regarding a definition of previously mined area, termination of jurisdiction, permitting requirements, bond release requirements and performance standards for inspections. The amendment is intended to revise the Maryland program to be no less effective than the corresponding Federal regulations.


June 12, 2001 (30 CFR Part 926) 66 FR 31530
Montana Regulatory Program
ACTION: Final rule; approval of amendment.

The Office of Surface Mining Reclamation and Enforcement (OSM) is approving a proposed amendment to the Montana regulatory program (hereinafter, the "Montana program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Montana proposed revisions to, and additions of statutes about, the notice requirements for alternate reclamation plans; the use of introduced species on lands mined, disturbed, or redisturbed after May 2, 1978, and reseeded prior to January 1, 1984; subsidence; a definition of operator for uranium mining; and other editorial revisions. Montana revised its program to be consistent with SMCRA, provide additional safeguards, clarify ambiguities, and improve operational efficiency.


June 12, 2001 (30 CFR Part 920) 66 FR 31571
Maryland Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.

OSM is announcing receipt of a proposed amendment to the Maryland regulatory program (Maryland program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of a revision to the Maryland statutes pertaining to the use of financial disclosure forms by the Land Reclamation Committee to satisfy a required program amendment at 30 CFR 920.16(l). The amendment is intended to revise the Maryland program to be no less effective than the corresponding Federal regulations.


June 11, 2001 66 FR 31250
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 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 the expected burden and cost for 30 CFR Parts 764 and 822.


June 11, 2001 66 FR 31250
Abandoned Mine Land Reclamation Program Guidelines
ACTION: Notice of revised guidelines for abandoned mine land reclamation programs and projects.

We, the Office of Surface Mining Reclamation and Enforcement (we or OSM) have revised the Abandoned Mine Land (AML) Reclamation Program Guidelines which were published on December 30, 1996 (61 FR 68777). We requested comments in the Notice of Intent to revise these guidelines published on November 16, 2000 (65 FR 69331). Based on comments received, the guidelines have been revised and are printed below. The revisions incorporate new procedures [*31251] found in the AML Enhancement Rule published February 12, 1999 (64 FR 7470). All other revisions are not substantive in nature and are intended to make our guidelines easier to read and understand.


June 6, 2001 (30 CFR Part 934) 66 FR 30347
Permanent Program and Abandoned Mine Land Reclamation Plan Submissions; North Dakota
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.

The Office of Surface Mining Reclamation and Enforcement (OSM) is 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). North Dakota proposes very minor revisions to its statute concerning surface coal mining and reclamation operations such as changing the name of the "Superintendent of the State Historical Board" to the "Director of the State Historical Society," and changing some of the language in the statute to make it plainer and easier to understand.


June 1, 2001 (30 CFR Part 926) 66 FR 29741
Montana Regulatory Program
ACTION: Proposed rule; reopening and extension of public comment period and opportunity for public hearing on proposed amendment.

The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of revisions and additional explanatory information pertaining to a previously proposed amendment to the Montana regulatory program (hereinafter, the "Montana program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Montana proposes revisions to Title 26, Chapter 4, of the Administrative Rules of Montana (ARM) and additional explanatory information about surface water baseline monitoring requirements, conditions of the permit, temporary waste impoundments, dam spillway specifications, and alternate underdrain systems. Montana intends to revise its program to be consistent with the corresponding Federal regulations, incorporate the additional flexibility afforded by the revised Federal regulations, clarify ambiguities, and improve operational efficiency.


June 1, 2001 (30 CFR Part 926) 66 FR 29744
Montana Abandoned Mine Land Reclamation Plan
Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of revisions and additional explanatory information pertaining to a previously proposed amendment to the Montana abandoned mine land reclamation (AMLR) plan (hereinafter, the "Montana plan") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Montana proposes revisions and additional explanatory information about the Department of Environmental Quality, its authority, organization, personnel staffing policies, and purchasing and procurement policies. Montana also provides information about the AMLR plan, the goals and objectives of the emergency program, reclamation project ranking and selection, the coordination among agencies, policies and procedures for land acquisition, reclamation of private land, consent for entry, the accounting system, and a new appendix concerning the abandoned inactive mines scoring system (AIMSS). Montana intends to revise its plan to meet the requirements of the corresponding Federal regulations and to be consistent with SMCRA, to clarify ambiguities, and to improve operational efficiency.


May 24, 2001 (30 CFR Part 926) 66 FR 28680
Montana Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.

The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of a proposed amendment to the Montana regulatory program (hereinafter, the "Montana program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Montana proposes a statutory revision concerning the transfer of a revoked permit. Montana intends to revise its program to improve operational efficiency.


May 24, 2001 (30 CFR Part 948) 66 FR 28682
West Virginia Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.

OSM is 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 West Virginia Surface Mining Reclamation rules at 38 CSR 2 as contained in House Bill 2663. The amendment submitted by the State is intended to render the West Virginia program no less effective than the Federal requirements.


May 24, 2001 (30 CFR Part 948) 66 FR 28682
West Virginia Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.

OSM is 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 West Virginia Surface Mining Reclamation rules at 38 CSR 2 as contained in House Bill 2663. The amendment submitted by the State is intended to render the West Virginia program no less effective than the Federal requirements.


May 23, 2001 (30 CFR Part 870) 66 FR 28634
Abandoned Mine Land (AML) Fee Collection and Coal Production Reporting on the OSM-1 Form
ACTION: Final rule.

The Office of Surface Mining Reclamation and Enforcement (we or OSM) is revising its regulations governing Abandoned Mine Land (AML) reclamation fee reporting to allow for the electronic filing of the information required on the OSM-1 Form.


May 17, 2001(30 CFR Part 934) 66 FR 27455
North Dakota Regulatory Program
ACTION: Final rule; approval of amendment.

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). The amendment consists of changes to North Dakota's revegetation policy document, Standards for Evaluation of Revegetation Success and Recommended Procedures for Pre- and Postmining Vegetation Assessments. Many of the changes are the result of rule changes that were submitted as amendments to the North Dakota regulatory program and approved by OSM in the April 28, 1997, and March 16, 1999, Federal Registers (62 FR 22889, and 64 FR 12896), giving mining companies options for proving reclamation success and revising requirements for tree and shrub standards. The corresponding changes are now being incorporated into the policy document. Other changes include clarifications, adjusting crop yield data, adding factors for adjusting yield standards, requiring plant species to be predominantly native, providing consistency for diversity and seasonality, prescribing the number of species for tame pastureland and clarifying sampling procedures. North Dakota intended to revise its policy document to reflect changes to its statute and regulations and make it consistent with corresponding Federal regulations and SMCRA.


May 14, 2001 (30 CFR Chs. II and VII) 66 FR 25509
Semiannual Regulatory Agenda
ACTION: Semiannual regulatory agenda.

This notice provides the semiannual agenda of rules scheduled for review or development between April 2001 and October 2001. The Regulatory Flexibility Act and Executive Order 12866 require publication of the agenda.


May 10, 2001 (30 CFR Part 904) 66 FR 23868
Arkansas Regulatory Program
ACTION: Proposed rule; reopening and extension of public comment period on proposed amendment.

The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of revisions to a previously proposed amendment to the Arkansas regulatory program (Arkansas program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The revisions concern submission and processing of requests for valid existing rights determinations; interpretative rule related to subsidence due to underground coal mining in areas designated by Act of Congress; road systems; public notices of filing of permit applications; and legislative public hearings. Arkansas intends to revise its program to be consistent with the corresponding Federal regulations.


May 9, 2001 (30 CFR Part 925) 66 FR 23593
Missouri Regulatory Program and Abandoned Mine Land Reclamation Plan
ACTION: Final rule; approval of amendment.

The Office of Surface Mining Reclamation and Enforcement (OSM) is approving, with certain exceptions and additional requirements, an amendment to the Missouri regulatory program (Missouri program) and the Missouri Abandoned Mine Land Reclamation Plan (Missouri plan) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Missouri proposed revisions to its rules pertaining to surface mining performance standards, special mining activities, prohibitions and limitations on mining in certain areas and areas unsuitable for mining, permitting requirements, bond and insurance requirements, definitions and general requirements, and abandoned mine land reclamation requirements. Missouri intends to revise its program to be consistent with the corresponding Federal regulations, to provide additional safeguards, to clarify ambiguities, and to improve operational efficiency.


May 9, 2001 (30 CFR Part 936) 66 FR 23605
Oklahoma Regulatory Program
ACTION: Final rule, approval of amendment.

The Office of Surface Mining Reclamation and Enforcement (OSM) is approving an amendment to the Oklahoma regulatory program (Oklahoma program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Oklahoma proposed revisions to it rules concerning permit revisions. Oklahoma intends to revise its program to be consistent with the corresponding Federal regulations.


May 4, 2001 66 FR 22597
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 Underground Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plans, 30 CFR 784, 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.


May 4, 2001 66 FR 22598
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 the Permanent Program Performance Standards-Underground Mining Activities at 30 CFR 817, 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.


April 24, 2001 (30 CFR Part 944) 66 FR 20600
Utah Regulatory Program
ACTION: Final rule; approval of amendment.

he Office of Surface Mining Reclamation and Enforcement (OSM) is approving a proposed amendment to the Utah regulatory program (hereinafter, the "Utah program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Utah's amendment proposed to change the State's rules pertaining to: Definitions of "abandoned site," "other treatment facilities," "previously mined area," "qualified laboratory," and "significant recreational, timber, economic, or other values incompatible with coal mining and reclamation operations;" engineering requirements for impoundments and for backfilling and grading; hydrologic requirements for impoundments; requirements for bond release applications; prime farmland acreage; inspection frequency for abandoned sites; and the period in which to pay a penalty when requesting a formal hearing. Utah intended to revise its program to make it consistent with the corresponding Federal regulations and SMCRA.


April 6, 2001 (30 CFR Part 904) 66 FR 18216
Arkansas Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.

The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of a proposed amendment to the Arkansas regulatory program (Arkansas program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Arkansas proposes revisions and additions of regulations concerning definitions; areas where surface coal mining operations are prohibited or limited; exception for existing operations; procedures for compatibility findings for surface coal mining operations on federal lands in national forests; procedures for relocating or closing public roads or waiving prohibitions on surface coal mining operations within the buffer zone of public roads; procedures for waiving prohibitions on surface coal mining operations within the buffer zone of occupied dwellings; submission and processing of requests for valid existing rights determinations; director's obligations at time of permit application review; interpretative rule related to subsidence due to underground coal mining in areas designated by act of Congress; applicability to lands designated as unsuitable by Congress; exploration on land designated as unsuitable for surface coal mining operations; procedures: initial processing, recordkeeping, and notification requirements; permit requirements for exploration that will remove more than 250 tons of coal or that will occur on lands designated as unsuitable for surface coal mining operations; relationship to areas designated unsuitable for mining; protection of publicly owned parks and historic places; relocation or use of public roads; road systems; public notices of filing of permit applications; legislative public hearing; and criteria for permit approval or denial. Arkansas intends to revise its program to be consistent with the corresponding Federal regulations and at its own initiative to enhance enforcement of the State program.

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



April 6, 2001 66 FR 18298
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 the Procedures and Criteria for Approval or Disapproval of State Program Submissions, 30 CFR 732; and General Reclamation Requirements, 30 CFR 874.


April 6, 2001 66 FR 18298
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 the Procedures and Criteria for Approval or Disapproval of State Program Submissions, 30 CFR 732; and General Reclamation Requirements, 30 CFR 874.


March 23, 2001 ( 30 CFR Part 773) 66 FR 16127
Requirements for Permits and Permit Processing; Correction
ACTION: Final rule, correction.

We, the Office of Surface Mining Reclamation and Enforcement, are publishing corrections to a final rule which was published on Tuesday, December 19, 2000 (65 FR 79582). The final rule related to requirements for permits and permit processing and ownership and control under the Surface Mining Control and Reclamation Act of 1977, as amended.

March 12, 2001 (30 CFR Parts 816 and 817) 66 FR 14316
Surface Coal Mining and Reclamation Operations; Technical Amendment; Permanent and Temporary Impoundments
ACTION: Final rule; technical amendment.

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are making technical revisions to our regulations to correct errors in cross references and to change an address.


March 12, 2001 66 FR 14420
Notice of Proposed Information Collection
ACTION: Notice of request for comments.

In compliance with the Paperwork Reduction Act of 1995, the Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request approval for the collections of information for: State processes for designating areas unsuitable for surface coal mining operations, 30 CFR part 764; and Special permanent program performance standards-operations in alluvial valley floors, 30 CFR part 822.


March 5, 2001 ( 30 CFR Part 917) 66 FR 13275
Kentucky Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.

OSM is announcing receipt of a proposed amendment to the Kentucky regulatory program (Kentucky program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of revisions to the Kentucky regulations pertaining to subsidence control. The amendment is intended to revise the Kentucky program to be consistent with the corresponding Federal regulations.


March 5, 2001 (30 CFR Part 938) 66 FR 13277
Pennsylvania Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.

OSM is announcing receipt of a proposed amendment to the Pennsylvania regulatory program (Pennsylvania program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment references Pennsylvania's anthracite coal mining regulations when describing conditions for meeting Stage 2 bond release where prime farmlands were present prior to mining. The amendment is intended to satisfy the conditions of the required regulatory program amendment at 30 CFR 938.16(p) and make the Pennsylvania program consistent with the corresponding federal regulations.


March 2, 2001 (30 CFR Part 934) 66 FR 13015
North Dakota Regulatory Program
ACTION: Final rule; approval of amendment.

The Office of Surface Mining Reclamation and Enforcement (OSM) is approving this 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 revisions to rules about rulemaking notices, prime farmland reclamation plans, permit approval and denial criteria, performance bond liability period, bond release applications, surface water monitoring, revegetation success standards, prime farmland reclamation standards, and small operator assistance.

The State intended to revise its program to be consistent with the corresponding Federal regulations and SMCRA, and improve operational efficiency.



February 20, 2001 (30 CFR Part 944) 66 FR 10866
Utah Regulatory Program
ACTION: Proposed rule; reopening and extension of public comment period on proposed amendment.

The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of revisions and additional explanations pertaining to a previously proposed amendment to the Utah regulatory program (hereinafter, the "Utah program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Utah proposes to revise its amendment to change proposed rules concerning pre-subsidence surveys and the contents of subsidence control plans. The State also provided additional explanation of the term "State-appropriated water," the proposed definitions of "State-appropriated water supply" and "replacement of water supply," and of the proposed scope of water replacement. Utah intends to revise its program to be consistent with the corresponding Federal regulations and SMCRA.


February 16, 2001 66 FR 10742
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 collection of information for the permanent program performance standards-underground mining activities at 30 CFR Part 817.


February 15, 2001 (30 CFR Part 936) 66 FR 10403
Oklahoma Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.

The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of a proposed amendment to the Oklahoma regulatory program (Oklahoma program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Oklahoma proposes revisions to its rules concerning permit revisions. Oklahoma intends to revise its program to be consistent with the corresponding Federal regulations.

This document gives the times and locations that the Oklahoma program and the 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 15, 2001 (30 CFR Part 938) 66 FR 10405
Pennsylvania Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.

OSM is announcing receipt of a proposed amendment to the Pennsylvania regulatory program (Pennsylvania program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of excerpts of House Bill 393 containing costs in mine proceedings legislation. The amendment is intended to revise the Pennsylvania program to be consistent with the corresponding federal regulations.


February 7, 2001 66 FR 9356
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 renewed approval for the collection of information on Underground Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plans, 30 CFR part 784.


February 7, 2001 66 FR 9357
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 702, Exemption for Coal Extraction Incidental to the Extraction of Other Minerals; and 30 CFR part 850, Permanent Regulatory Program Requirements-Standards for Certification of Blasters, 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.


February 7, 2001 66 FR 9358
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 renewed approval for the collections of information for 30 CFR part 882, Reclamation of private lands; and Form OSM-76, Abandoned Mine Land Problem Area Description form. The collections described below have been forwarded to the Office of Management and Budget (OMB) for review and comment. The information collection request describes the nature of the information collections and the expected burdens and costs.


January 22, 2001 (30 CFR Part 870) 66 FR 6511
Abandoned Mine Land (AML) Fee Collection and Coal Production Reporting on the OSM-1 Form
ACTION: Proposed rule; reopening and extension of the comment period.

We, the Office of Surface Mining Reclamation and Enforcement (OSM) are reopening and extending the comment period on a proposal to amend our regulations governing Abandoned Mine Land (AML) reclamation fee reporting to allow for the electronic filing of the information required on the OSM-1 Form.


January 18, 2001 (30 CFR Part 931) 66 FR 4671
New Mexico Regulatory Program
ACTION: Final rule, approval of amendment.

The Office of Surface Mining Reclamation and Enforcement (OSM) is approving a proposed amendment to the New Mexico regulatory program (hereinafter, the "New Mexico program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). New Mexico proposed to recodify the New Mexico Surface Coal Mining Regulations. The amendment revised the State program to improve operational efficiency and ensure that the New Mexico Surface Coal Mining Regulations were codified according to the New Mexico administrative rules.


January 12, 2001 (30 CFR Part 948) 66 FR 2866
West Virginia Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.

OSM is 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 a written response to letters sent to the State by OSM, in accordance with the Federal regulations at 30 CFR 732.17(d), which identify changes to SMCRA and the Federal regulations that require the State program to be amended. The amendment submitted by the State is intended to render the West Virginia program no less effective than the Federal requirements.


January 11, 2001 (30 CFR Part 914) 66 FR 2374
Indiana Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.

The Office of Surface Mining Reclamation and Enforcement (OSM) is opening the public comment period for a previously submitted proposed amendment to the Indiana regulatory program (Indiana program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Indiana proposes the addition of a statute concerning post mining land use changes as nonsignificant permit revisions. The amendment is intended to revise the Indiana program to improve operational efficiency. This document gives the times and locations that the Indiana 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 9, 2001 (30 CFR Part 944) 66 FR 1616
Utah Regulatory Program
ACTION: Proposed rule; reopening and extension of public comment period on proposed amendment.

The Office of Surface Mining Reclamation and Enforcement (OSM) is reopening the public comment period for revisions to a proposed amendment to the Utah regulatory program (hereinafter, the "Utah program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Utah proposes to revise its amendment to change design requirements for temporary impoundments that function as sedimentation ponds. The State also proposes one minor editorial change. Utah intends to revise its program to make it consistent with the corresponding Federal regulations. We are reopening the comment period to allow for public review of Utah's revisions to its amendment.


January 8, 2001 66 FR 1366
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 816, Permanent Program Performance Standards-Surface Mining Activities, has been forwarded to the Office of Management and Budget (OMB) for review and approval. The information collection request describes the nature of the information collection and the expected burden and cost.


January 3, 2001 (30 CFR Part 948) 66 FR 335
West Virginia Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.

OSM is 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 a written response to the required program amendments codified in the Federal regulations. The amendment is intended to render the West Virginia program no less effective than the Federal requirements.


January 3, 2001 66 FR 386
Watershed Cooperative Agreement Program
ACTION: Notice of availability of funds for the Watershed Cooperative Agreement Program.

The Office of Surface Mining Reclamation and Enforcement (OSM) of the U.S. Department of the Interior is announcing its intent to solicit applications from eligible, not-for-profit candidates for funding under the Watershed Cooperative Agreement Program to undertake local acid mine drainage reclamation projects.



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