2002 FEDERAL REGISTER NOTICES

	*2002 Federal Register* notices** January 1, 2002 - December 31, 2002

Following are summaries of 2002 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 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.

December 9, 2002 (30 CFR Chs. II and VII) 67 FR 74583
Semiannual Regulatory Agenda
ACTION: Semiannual regulatory agenda.
This notice provides the semiannual agenda of rules scheduled for review or development between October 2002 and April 2003. The Regulatory Flexibility Act and Executive Order 12866 require publication of the agenda.

December 5, 2002 (30 CFR Part 915) Iowa 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 Iowa abandoned mine land reclamation plan (Iowa plan) 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 (DSC) proposed to assume responsibility of the abandoned mine land reclamation (AMLR) emergency program in Iowa. DSC also proposed to revise the Iowa plan to be consistent with the corresponding Federal regulations and to update other portions of its plan to reflect its current practices. In addition, we are including Iowa's proposal to revise its statute at Iowa Code (IC), Chapter 207.

December 3, 2002 (30 CFR Part 924) 67 FR 71826
Mississippi Regulatory Program
ACTION: Final rule; approval of amendment.
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving an amendment to the Mississippi regulatory program (Mississippi program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Mississippi proposed revisions to and additions of rules about 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.

December 3, 2002 (30 CFR Part 948) 67 FR 71832
West Virginia Regulatory Program
ACTION: Final rule; approval of amendments.
We are announcing our approval with one exception 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 changes to the Code of State Regulations as contained in State House Bill 4163 and Senate Bill 2002, concerning contemporaneous reclamation of mine land.

November 20, 2002 (30 CFR Part 917) 67 FR 70007
Kentucky Regulatory Program
ACTION: Final rule; denial of approval of amendment.
We are not 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 to revise its program by creating a new section of KRS Chapter 350 to provide that a mining permit is not required of a landowner if coal extraction is incidental to and a necessary requirement of construction, under 5000 tons, and the coal or proceeds thereof are donated to charitable, governmental, or educational organizations.

November 15, 2002 (30 CFR Part 918) 67 FR 69123
Louisiana Regulatory Program
ACTION: Final rule; approval of amendment.
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving an amendment to the Louisiana regulatory program (Louisiana program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Louisiana proposed revisions to its regulations concerning revegetation success standards for post-mining land uses of pastureland and wildlife habitat. Louisiana also proposed to add to its program a policy document that describes the criteria and procedures for determining reclamation phase III ground cover and tree and shrub stocking success for areas developed for wildlife habitat. Louisiana revised its program to be consistent with the corresponding Federal regulations.

November 13, 2002 67 FR 68882
Information Quality Guidelines Pursuant to Section 515 of the Treasury and General Government Appropriations Act for Fiscal Year 2002
ACTION: Notice of availability of guidelines.
These final guidelines implement guidelines published by the Office of Management and Budget (OMB) in the Federal Register which directed Federal agencies to issue and implement guidelines to ensure and maximize the quality, objectivity, utility, and integrity of government information disseminated to the public. We, the Office of Surface Mining Reclamation and Enforcement (OSM), are issuing these final Information Quality Guidelines in order to comply with the OMB requirement.

November 8, 2002 67 FR 68168
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 870.18, Abandoned mine reclamation fund-fee collection and coal production reporting; and 30 CFR part 735-Grants for Program Development and Administration and Enforcement, and 30 CFR part 886-State and Tribal Reclamation Grants. 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.

November 6, 2002 (30 CFR Part 915) 67 FR 67522
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). Iowa proposed to revise its rules concerning inspections and enforcement. Iowa revised its program to be consistent with the corresponding Federal regulations.

November 6, 2002 (30 CFR Part 917) 67 FR 67524
Kentucky Regulatory Program
ACTION: Final rule.
We, the Office of Surface Mining (OSM) are approving, with certain conditions, an amendment to the Kentucky permanent regulatory program (hereinafter referred to as the Kentucky program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Kentucky proposed revisions to their State statutes pertaining to easement of necessity. To the extent that it is construed in the manner discussed in the findings below, Kentucky's proposed amendment is consistent with the corresponding Federal regulations.

November 6, 2002 (30 CFR Part 938) 67 FR 67528
Pennsylvania Regulatory Program
ACTION: Final rule; approval of amendment.
We are approving 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 at 25 Pa. Code Sections 86.37(a)(5), 87.160(a), 88.138(a), 88.231(a), 88.335(a), and 90.134(a) about criteria for permit approval or denial and for performance standards for retention of roads following completion of surface mining activities. Pennsylvania intended to revise its program to be consistent with the corresponding Federal regulations and SMCRA, and to clarify ambiguities.

November 6, 2002 (30 CFR Part 943) 67 FR 67531
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). Texas proposed revisions to its regulations concerning valid existing rights. Texas intends to revise its program to be consistent with the corresponding Federal regulations.

November 6, 2002 (30 CFR Part 944) 67 FR 67534
Utah Regulatory Program
ACTION: Final rule; approval of amendment.
We are approving a proposed amendment to the Utah regulatory program (the "Utah program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Utah proposed revisions to and additions of rules about water replacement, blaster certification, standards for surety companies, and inspection and enforcement. Utah revised its program to be consistent with the corresponding Federal regulations, provide additional safeguards, clarify ambiguities, and improve operational efficiency.

November 6, 2002 (30 CFR Part 950) 67 FR 67540
Wyoming 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 Wyoming regulatory program (the "Wyoming program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Wyoming proposed revisions to its Coal Rules about groundwater and surface water hydrology, coal mine waste impoundments, alluvial valley floors and threatened and endangered plant species. The State intended to revise its program to be consistent with the corresponding Federal regulations, provide additional safeguards and clarify ambiguities.

November 6, 2002 (30 CFR Part 948) 67 FR 67576
West Virginia Regulatory Program
ACTION: Proposed rule; reopening of public comment period.
We are reopening the public comment period on an 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 Senate Bill 603. We are reopening the comment period to provide an opportunity to review and comment on additional amendments to the W. Va. Code and the Code of State Regulations (CSR) provided by the State under Senate Bill 698. The amendments concern the Office of Coalfield Community Development, and relate to the West Virginia program.

This document gives the times and locations that the West Virginia 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 7, 2002 67 FR 62495
Notice of Proposed Information Collection for 1029-0038
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 30 CFR Part 783, Underground Mining Permit Applications-Minimum Requirements for Information on Environmental Resources.

October 7, 2002 67 FR 62495
Notice of Proposed Information Collection for 1029-0043, 1029-0111 and 1029-0112
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 part 761, Areas designated by Act of Congress; 30 CFR part 772, Requirements for coal exploration; and 30 CFR part 800, Bonding and insurance requirements for surface coal mining and reclamation operations under regulatory programs.

September 23, 2002 (30 CFR Part 916) 67 FR 59484
Kansas 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 Kansas regulatory program (Kansas program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Kansas proposes 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 intends to revise its program to be consistent with the corresponding Federal regulations.
This document gives the times and locations that the Kansas 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 6, 2002 (30 CFR Part 924) 67 FR 56967
Mississippi 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 Mississippi regulatory program (Mississippi program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The revisions pertain to the definition of "immediate mining area" and provisions concerning limited use vehicular pathways. Mississippi intends to revise its program to be consistent with the corresponding Federal regulations and to improve operational efficiency.

September 4, 2002 67 FR 56582
Notice of Proposed Information Collection for 1029-0092 and 1029-0107
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 745, State-Federal cooperative agreements; and 30 CFR part 887, Subsidence Insurance Program Grants. 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.

September 4, 2002 67 FR 56582
Notice of Proposed Information Collection for 1029-0027 and 1029-0036
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 parts 740 and 780 which relate to surface coal mining and reclamation operations on Federal lands, and Surface mining permit applications-minimum requirements for reclamation and operation plans, respectively. 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.

August 27, 2002 (30 CFR Part 936) 67 FR 54979
Oklahoma Regulatory Program
ACTION: Proposed rule; reopening and extension of public comment period on proposed amendment.
OSM is announcing receipt of revisions to a previously proposed amendment to the Oklahoma regulatory program (Oklahoma program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The revisions concern employment and financial interests of state employees and members of advisory boards and commissions. It also concerns corrections of cross-references and typographical errors. Oklahoma intends to revise its program to be consistent with the corresponding Federal regulations.

August 16, 2002 (30 CFR Part 917) 67 FR 53539
Kentucky 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 Kentucky regulatory program (the "Kentucky program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Kentucky proposes additions to its rules about sedimentation ponds and intends to revise its program to be consistent with the corresponding Federal regulations. This document gives the times and locations that the Kentucky program and proposed amendment to that [*53540] 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 16, 2002 (30 CFR Part 948) 67 FR 53542
West Virginia Regulatory Program
ACTION: Proposed rule; reopening of public comment period.
We, the Office of Surface Mining Reclamation and Enforcement (OSM) are reopening the public comment period on an 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 State Regulations as contained in House Bill 4163. We are reopening the comment period to provide an opportunity to review and comment on additional amendments provided by the State and provisions that we inadvertently omitted identifying as being part of the State's original submittal of this amendment. The amendment is intended to improve the effectiveness of the West Virginia program.

August 13, 2002 (30 CFR Part 915) 67 FR 52659
Iowa Abandoned Mine Land Reclamation Plan
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 Iowa abandoned mine land reclamation plan (Iowa plan) 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 (DSC) proposes to assume responsibility of the abandoned mine land reclamation (AMLR) emergency program in Iowa. DSC also proposes to revise its AMLR plan in response to a letter sent by OSM (Administrative Record No. AML-IA-39) and to update other portions of its AMLR plan to reflect current practices. Iowa intends to revise the Iowa plan to be consistent with the corresponding Federal regulations and to improve operational efficiency. In addition, we are including in this notice Iowa's proposal to revise its statute.

This document gives the times and locations that the Iowa 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.

August 13, 2002 (30 CFR Part 915) 67 FR 52662
Iowa 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 Iowa regulatory program (Iowa program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Iowa proposes revisions to rules about inspections and enforcement. 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 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 13, 2002 (30 CFR Part 943) 67 FR 52664
Texas 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 Texas regulatory program (Texas program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The revisions concern corrections of incorrect reference citations and the addition of two sentences to the proposed definition of "valid existing rights (VER)." Texas intends to revise its program to be consistent with the corresponding Federal regulations.

July 22, 2002 67 FR 47828
Notice of Proposed Information Collection for 1029-0059 and 1029-0090
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 authority for two collections of information: OSM grant forms--OSM-47 (Budget Information Report) OSM-49 (Budget Information and Financial Reporting), and OSM-51 (Performance and Program narrative); and 30 CFR part 870, Abandoned mine reclamation fund--fee collection and coal production reporting.

July 22, 2002 67 FR 47829
Information Quality Guidelines Pursuant to Section 515 of the Treasury and General Government Appropriations Act for Fiscal Year 2001
ACTION: Request for Comments on Proposed Guidelines.
A notice published by the Office of Management and Budget (OMB) in the Federal Register directed Federal agencies to issue and implement guidelines to ensure and maximize the quality, objectivity, utility, and integrity of Government information disseminated to the public. We, the Office of Surface Mining Reclamation and Enforcement (OSM), are issuing these proposed Information Quality Guidelines in order to comply with the OMB requirement.

July 16, 2002 (30 CFR Parts 773, 780, 784 and 800 67 FR 46617
Bonding and Other Financial Assurance Mechanisms for Treatment of Long-Term Pollutional Discharges and Acid/Toxic Mine Drainage (AMD) Related Issues
ACTION: Advance notice of proposed rulemaking; extension of comment period.
We are extending the comment period for the advance notice of proposed rulemaking (ANPRM) published in the May 17, 2002, Federal Register. The comment period was originally scheduled to close on July 16, 2002, and is now being extended for 90 days. In the ANPRM, we are seeking comments on what types of financial guarantees will best ensure adequate funding for the treatment of unanticipated long-term pollutional discharges, including acid or toxic mine drainage (collectively referred to as AMD), that develop as a result of surface coal mining operations.

July 15, 2002 ( 30 CFR Part 926) 67 FR 46434
Montana 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 Montana regulatory program (hereinafter, the "Montana program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Montana proposes revisions, additions, and deletions to rules and statutes about the definitions, ownership and control, baseline information, maps, prime farmland, reclamation plan, ponds and embankments, transportation facilities plan, coal processing plants and support facilities, permit application, permit conditions, permit revisions, permit renewal, backfilling and grading requirements, small depressions, burial and treatment of exposed mineral seams, storage and final disposal of garbage, disposal of offsite-generated waste and fly ash, contouring, buffer zones, thick overburden and excess spoil, thick overburden and disposal of excess spoil, permanent cessation of operations, roads and railroad loops, soil removal, blasting schedule, permanent sealing of drilled holes, water quality performance standards, reclamation of drainages, sedimentation ponds and other treatment facilities, discharge structures and outflow structures, permanent and temporary impoundments, groundwater monitoring, surface water monitoring, wells and underground operations, redistribution and stockpiling of soil, establishment of vegetation, soil amendments and other management techniques, other revegetation comparison standards, vegetation production, cover, diversity, density, and utility requirements, measurement standards for trees, shrubs, and half-shrubs, postmining land use, alternate reclamation, general performance standards, subsidence controls, disposal of underground development waste, disposal of coal processing waste, information and monthly reports, renewal and transfer of permits, drill holes, roads and other transportation facilities, removal of equipment, test pits, bond release procedures, notice of intent to prospect, bonding, reassertion of jurisdiction, areas upon which coal mining is prohibited, designation of lands unsuitable, small operator assistance program, certification of blasters, and blaster training courses. Montana also proposes to recodify the Administrative Rules of Montana from ARM 26.4 to ARM 17.24. Montana intends to revise its program to be consistent with the corresponding Federal regulations and SMCRA, provide additional safeguards, clarify ambiguities, and improve operational efficiency.

This document gives the times and locations that the Montana 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 15, 2002 (30 CFR Part 917) 67 FR 46432
Kentucky Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.
We are proposing the removal of two instructions to the State of 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 Act of 1977 (SMCRA or the Act) and authorizes Kentucky to regulate surface coal mining and reclamation operations in Kentucky. We are proposing to remove the instructions because the actions we required have either been satisfied or are no longer applicable and nothing further is required by the state. This document gives the times and locations that the Kentucky program is available for your inspection, the comment period during which you may submit written comments on the proposed actions, and the procedures that we will follow for the public hearing, if one is requested.

July 15, 2002 (30 CFR Part 931) 67 FR 46377
New Mexico Regulatory Program
ACTION: Final rule; approval of amendment.
We are approving a proposed amendment to the New Mexico regulatory program (the "New Mexico program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). New Mexico proposed revisions to and additions of rules about definitions, general environmental resource information, operations that may have an adverse impact on publicly owned parks or places listed on the National Register of Historic Places, bond release applications, termination of jurisdiction, prime farmland reclamation, inspection frequency of abandoned sites, hearings for charges of violation, the qualifying criteria for assistance under the small operator's program, areas where mining is prohibited or limited, criteria for designating areas unsuitable for surface coal mining, applications for and approval of coal exploration operations of more than 250 tons, criteria for permit approval or denial, application and approval criteria for demonstrating valid existing rights, the one square mile criterion in the definition of intermittent streams, and miscellaneous non-substantive editorial revisions. New Mexico revised its program to be consistent with the corresponding Federal regulations, provide additional safeguards, and clarify ambiguities.

June 25, 2002 67 FR 42802
Notice of Proposed Information Collection for 1029-0054, 1029-0067 and 1029-0083
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 872, Abandoned mine reclamation funds; 30 CFR part 705 and the Form OSM-23, Restriction on financial interests of State employees; and 30 CFR 955 and the Form OSM-74, Certification of Blasters in Federal program States and on Indian lands have been forwarded to the Office of Management and Budget (OMB) for review and reauthorization. The information collection packages were previously approved and assigned clearance numbers 1029-0054 for 30 CFR part 872, 1029-0067 for the OSM-23 form, and 1029-0083 for the OSM-74 form. This notice describes the nature of the information collection activities and the expected burdens and costs.

June 25, 2002 67 FR 42803
Notice of Proposed Information Collection for 1029-0043, 1029-0111 and 1029-0112
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 761, Areas designated by Act of Congress; 30 CFR part 772, Requirements for coal exploration; and 30 CFR part 800, Bonding and insurance requirements for surface coal mining and reclamation operations under regulatory programs.

June 20, 2002 (30 CFR Part 926) 67 FR 41825
Montana Abandoned Mine Land Reclamation Plan
ACTION: Final rule; approval of amendment. We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving a proposed amendment to the Montana abandoned mine land reclamation (AMLR) plan (hereinafter referred to as the "Montana plan") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Montana proposed revisions and additional explanatory information about the Department of Environmental Quality (DEQ), its authority, organization, personnel staffing policies, and purchasing and procurement policies. Montana also provided 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 revised 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.

June 19, 2002 ( 30 CFR Part 917) 67 FR 41622
Kentucky 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 Kentucky regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Kentucky proposed to revise the Kentucky Administrative Regulations (KAR) pertaining to the general requirements for mining on steep slopes. The approved amendment revises the Kentucky program to be consistent with the corresponding Federal regulations.

June 19, 2002 (30 CFR Part 917) 67 FR 41653
Kentucky Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.
We are announcing 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 proposes additions to its statutes about permittees' access to land to abate violations and intends to revise its program to be consistent with SMCRA. 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 19, 2002 (30 CFR Part 950) 67 FR 41656
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 regarding placement of spoil outside of the mined-out area, clarification of self-bonding requirements, approving permit revisions, incremental bonds, incidental operation changes and termination of jurisdiction. Wyoming intends to revise its program to be consistent with the corresponding Federal regulations, provide additional safeguards, clarify ambiguities, and improve operational efficiency.

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.

June 19, 2002 (30 CFR Part 875) 67 FR 41756
Abandoned Mine Land Reclamation Notices
ACTION: Proposed rule.
Currently regulations require us to publish a Federal Register notice whenever we receive a State or tribal application to build public facilities using Abandoned Mine Land Reclamation Funds. We propose to change this requirement so that we would publish a notice only when the Director of the Office of Surface Mining (OSM) finds it necessary. We also propose to correct errors in four cross-references.

June 7, 2002 (30 CFR Part 917) 67 FR 39290
Kentucky Regulatory Program
ACTION: Final rule; technical amendment.
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing the removal of two instructions to the State of 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 Act 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 required by our instructions were previously satisfied and nothing further is required by the state.

June 6, 2002 (30 CFR Part 917) 67 FR 38917
Kentucky Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed withdrawal of required amendment.
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are proposing to reconsider our position on a required amendment to the Kentucky regulatory program (the "Kentucky program") (found at 30 CFR 917.16(d)(2)) under the Surface Mining Reclamation Act of 1977 (SMCRA or the Act). By doing so, we are considering whether the Kentucky program is consistent with the corresponding Federal Regulations at 30 CFR 773.13(a)(1) and 30 CFR 701.5.

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 6, 2002 (30 CFR Part 917) 67 FR 38919
West Virginia Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.
We are announcing a proposed amendment to the West Virginia regulatory program (the "West Virginia program") under the Surface Mining Reclamation Act of 1977 (SMCRA or the Act). The program amendment consists of changes to the West Virginia Surface Coal Mining and Reclamation Act as contained in House Bill 4163. The amendment provides additional definition of commercial forestry and forestry. It also revises provisions for premining and postmining land use, required infrastructure, water supply, soil, soil placement and grading, bond release, and prime farmlands. Additionally, the amendment alters sections of West Virginia's bonding program performance standards, and Small Operator Assistance Program. Finally, the amendment proposes an entirely new section of the West Virginia program providing an exemption for coal extraction incidental to extraction of other minerals. The amendment is intended to improve the effectiveness of the West Virginia program.

This document gives the times and locations that the West Virginia 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 5, 2002 (30 CFR Part 917) 67 FR 38621
Kentucky Regulatory Program
ACTION: Proposed rule; reopening of public comment period.
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are reopening the public comment period on 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 has submitted additional explanatory information pertaining to a previously proposed amendment about subsidence, water replacement, impoundments, hydrology, and permits. Kentucky intends to revise its program to be consistent with the corresponding Federal regulations.

June 4, 2002 ( 30 CFR Part 917) 67 FR 38446
Kentucky 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 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 proposes additions to its statutes about incidental coal removal and intends to revise its program to be consistent with SMCRA. 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.

May 29, 2002 ( 30 CFR Part 948) 67 FR 37610
West Virginia Regulatory Program
ACTION: Final rule; approval of amendment.
We are announcing our decision to approve an amendment and to remove required program amendments on 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 we are approving concerns the deletion of a State provision that imposed a regulatory limitation on expenditure of funds for water treatment at bond forfeiture sites. The required program amendments we are removing concern the regulatory limitation on expenditure of funds for water treatment, and the effectiveness of West Virginia's alternative bonding system (ABS) in providing sufficient funds to complete reclamation, including water treatment, at all existing and future bond forfeiture sites.

May 24, 2002 ( 30 CFR Part 936) 67 FR 36514
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). The Oklahoma Department of Mines (Department or Oklahoma) proposed revisions to its 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.

May 17, 2002 (30 CFR Part 904) 67 FR 35025
Arkansas Abandoned Mine Land Reclamation Plan and Regulatory Program
ACTION: Final rule; approval of amendment.
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving an amendment to the Arkansas abandoned mine land (AML) 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 proposed revisions to its AML reclamation plan regulations concerning eligible lands and water, reclamation objectives and priorities, and reclamation project evaluation. Arkansas proposed to revise its regulatory program regulations concerning procedures for assessment conference and to add revegetation success standards for grazingland and prime farmland. Arkansas revised its plan and program to be consistent with the corresponding Federal regulations.

May 17, 2002 ( 30 CFR Part 913) 67 FR 35029
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 (Illinois or Department) proposed revisions to its regulations about 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 vegetation, affected acreage, use of explosives, high capability lands, suspension or revocation of permits, and public and administrative hearings. Illinois also proposed to correct or remove outdated references in several regulations. Illinois revised its program to be consistent with the corresponding Federal regulations, to clarify ambiguities, and to improve operational efficiency.

May 17, 2002 (30 CFR Parts 773, 780, 784 and 800) 67 FR 35070
Bonding and Other Financial Assurance Mechanisms for Treatment of Long-Term Pollutional Discharges and Acid/Toxic Mine Drainage (AMD) Related Issues
ACTION: Advance notice of proposed rulemaking.
We are seeking comments on what types of financial guarantees will best ensure adequate funding for the treatment of unanticipated long-term pollutional discharges, including acid or toxic mine drainage (collectively referred to as AMD), that develop as a result of surface coal mining operations. Specifically, we are interested in views from all parties on how we can best address the proper level of treatment and number of years to use in calculating financial assurance amounts for AMD, appropriate financial mechanisms to cover treatment costs, and suggestions on appropriate enforcement in cases where financial assurance is not fully adequate for the long term, but AMD is still being treated. We also invite comment on whether codification of our AMD policy statement would be helpful.

May 17, 2002 (30 CFR Part 913) 67 FR 35073
llinois 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 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) is proposing revisions to and additions of regulations about 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 proposes to correct or remove outdated references in several regulations. Illinois intends to revise its program to be consistent with the corresponding Federal regulations and to clarify ambiguities.
This document gives the times and locations that the Illinois 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.

May 17, 2002 (30 CFR Part 935) 67 FR 35076
Ohio Regulatory Program
ACTION: Notice of withdrawal of proposed amendment.
We, the Office of Surface Mining (OSM), are announcing the withdrawal of proposed rule changes to the Ohio regulatory program (the "Ohio program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Ohio proposed to revise its program by amending the definition of "inactive coal mining and reclamation operation" with respect to prime farmland.

May 17, 2002 (30 CFR Part 944) 67 FR 35077
Utah 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 Utah regulatory program (hereinafter, the "Utah program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Utah proposes revisions to and additions of rules pertaining to water replacement, blaster certification, standards for surety companies, and inspection and enforcement. Utah intends to revise its program to be consistent with the corresponding Federal regulations, provide additional safeguards, and improve operational efficiency.

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.

May 7, 2002 (30 CFR Part 917) 67 FR 30549
Kentucky Regulatory Program
ACTION: Final rule; approval of amendment.
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving an amendment to the Kentucky permanent regulatory program (the Kentucky program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Kentucky proposed revisions to the State regulations pertaining to subsidence control. The amendment is intended to render the Kentucky program consistent with the corresponding Federal regulations and to provide additional specificity.

May 6, 2002 (30 CFR Part 948) 67 FR 30336
West Virginia Regulatory Program
ACTION: Proposed rule; reopening of public comment period. We, the Office of Surface Mining Reclamation and Enforcement (OSM), are reopening the public comment period 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 are reopening the comment period to provide an opportunity to review and comment on a proposed regulatory change by the State. The proposed amendment concerns water quality enhancement, and deletes regulatory language that limits expenditures from the State's Fund for water quality enhancement projects to 25 percent of the Fund's gross annual revenue. The amendment is intended to satisfy the required program amendment codified in the Federal regulations at 30 CFR 948.16(jjj). The proposed amendment is part of the State's efforts to fully resolve all ABS deficiencies and to satisfy the required program amendment at 30 CFR 948.16(lll).

This document gives the times and locations that the amendment is available for your inspection, and the comment period during which you may submit written comments.

May 1, 2002 67 FR 21729
Notice of Proposed Information Collection for 1029-0092 and 1029-0107
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 part 745, State-Federal cooperative agreements; and 30 CFR part 887, Subsidence Insurance Program Grants.

May 1, 2002 67 FR 21729
Notice of Proposed Information Collection for 1029-0027 and 1029-0036
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 740, Surface Coal Mining and Reclamation Operations on Federal Lands, and 30 CFR part 780, Surface Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plans. These information collection activities were previously approved by the Office of Management and Budget (OMB), and assigned them clearance numbers 1029-0027 and-0036, respectively.

May 1, 2002 (30 CFR Part 948) 67 FR 21904
West Virginia Regulatory Program
ACTION: Final rule; approval of amendment.
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving proposed amendments to the West Virginia regulatory program (the "West Virginia program") authorized under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The amendments consist of the State's responses to several required program amendments codified in the Federal regulations at 30 CFR 948.16. The amendments are intended to revise the West Virginia program to be consistent with the corresponding Federal regulations and SMCRA.

April 30, 2002 (30 CFR Part 917) 67 FR 21173
Kentucky Regulatory Program
ACTION: Final rule; approval of amendment.
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving an amendment to the Kentucky regulatory program (the "Kentucky program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Kentucky is proposing revisions to the Kentucky Revised Statute (KRS) 350.085(6) to reaffirm, with some modifications, the circumstances under which the regulatory authority may not issue a permit, based upon ownership and control of an operation with an unabated violation. This rule addresses the permit block provisions. The remaining provision will be addressed in a future rulemaking (KY-234-FOR).

April 30, 2002 (30 CFR Part 938) 67 FR 21187
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 receipt of 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 proposes revisions to rules for the licensing of blasters and for the use and handling of explosives. Pennsylvania intends to revise its program to be consistent with the corresponding Federal regulations and SMCRA, clarify ambiguities, and provide additional safeguards.

This document gives the times and locations that the Pennsylvania program and proposed amendments 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 16, 2002 (30 CFR Part 938) 67 FR 18518
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 receipt of 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 proposes revisions to rules regarding criteria for permit approval or denial and for performance standards for retention of roads following completion of surface mining activities. Pennsylvania intends to revise its program to be consistent with the corresponding Federal regulations and SMCRA and to clarify ambiguities.

April 16, 2002 67 FR 18631
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 the approval for the collection of information under 30 CFR part 842 which allows the collection and processing of citizen complaints and requests for inspections. The collection described below 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 5, 2002 (30 CFR Part 936) 67 FR 16341
Oklahoma 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 Oklahoma regulatory program (Oklahoma program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The Oklahoma Department of Mines (Department or Oklahoma) added a new definition for "community or institutional building," revised the procedures for making a valid existing rights determination, and corrected various editorial-type errors throughout the amendment. 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 and the comment period during which you may submit written comments on the revisions to the amendment.

April 5, 2002 67 FR 16435
Proposed Construction of City of Riverton Water Treatment Plant
ACTION: Notice of application for grant funding; public comment period on request to fund the City of Riverton Water Treatment Plant.
OSM is announcing its receipt of a grant application from the Wyoming Department of Environmental Quality, Abandoned Mine Land Division (AMLD). Wyoming is requesting $ 745,000 from the Abandoned Mine Land Reclamation Fund to pay 50 percent of the cost of building a City of Riverton Water Treatment Plant. In its application, the State proposes paying for part of the construction cost as a public facility project that will benefit a community impacted by mineral mining.

This notice describes when and where you may read the grant application for funding the City of Riverton Water Treatment Plant. It also sets the time period during which you may send written comments on the request to us.

March 28, 2002 67 FR 14972
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 authority for three collections of information: 30 CFR 872, Abandoned mine reclamation funds; 30 CFR 955 and the Form OSM-74, Certification of Blasters in Federal program States and on Indian lands; and 30 CFR 705 and the Form OSM-23, Restriction on financial interests of State employees.

March 25, 2002 (30 CFR Part 948) 67 FR 13577
West Virginia Regulatory Program
ACTION: Proposed rule; reopening of public comment period.
We, the Office of Surface Mining Reclamation and Enforcement (OSM) are reopening the public comment period on an 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 the State's responses to several 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. We are reopening the comment period to provide an opportunity to review and comment on a status report from West Virginia Department of Environmental Protection (WVDEP) of actions taken by the State in an attempt to satisfy the required program amendments, and other related documents. We are also providing opportunity to comment on the State's responses to two required program amendments that we inadvertently omitted from a previous announcement of a public comment period.

This document gives the times and locations that the West Virginia program, the proposed amendments to that program, the status report provided by WVDEP, and other related documents are available for your inspection, and the comment period during which you may submit written comments on the amendment.

March 25, 2002 67 FR 13657
Proposed Construction of Campbell County Force Road
ACTION: Notice of application for grant funding; public comment period on request to fund the reconstruction of Campbell County Force Road.
OSM is announcing its receipt of a grant application from the Wyoming Department of Environmental Quality, Abandoned Mine Land Division (AMLD). Wyoming is requesting $ 255,000 from the Abandoned Mine Land Reclamation Fund to pay 8.2 percent of the cost of building the Campbell County Force Road. In its application, the State proposes paying for part of the construction cost as a public facility project that will benefit a community impacted by coal mining. [*13658] This notice describes when and where you may read the grant application for funding the Campbell County Force Road. It also sets the time period during which you may send written comments on the request to us.

March 25, 2002 67 FR 13659
Proposed Construction of City of Lander Water Treatment Plant
ACTION: Notice of application for grant funding; public comment period on request to fund the City of Lander Water Treatment Plant.
OSM is announcing its receipt of a grant application from the Wyoming Department of Environmental Quality, Abandoned Mine Land Division (AMLD). Wyoming is requesting $ 1,000,000 from the Abandoned Mine Land Reclamation Fund to pay part of the cost of building a City of Lander Water Treatment Plant. In its application, the State proposes paying for part of the construction cost as a public facility project that will benefit a community impacted by mineral mining.

This notice describes when and where you may read the grant application for funding the City of Lander Water Treatment Plant. It also sets the time period during which you may send written comments on the request to us.

March 11, 2002 67 FR 10930
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 750 and 877.

February 26, 2002 (30 CFR Part 916) 67 FR 8711
Kansas Regulatory Program
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 (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) proposed to consolidate and revise its approved revegetation guidance document. The amendment is intended to revise the Kansas program to be consistent with the corresponding Federal regulations and to improve operational efficiency.

February 26, 2002 ( 30 CFR Part 918) Louisiana Regulatory Program
ACTION: Final rule; approval of amendment.
We, the Office of Surface Mining Reclamation and Enforcement (OSM) are approving an amendment to the Louisiana regulatory program (Louisiana program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Louisiana proposed revisions to and additions of regulations concerning valid existing rights. Louisiana revised its program to be consistent with the corresponding Federal regulations.

February 12, 2002 (30 CFR Part 926) 67 FR 6395
Montana Regulatory Program
ACTION: Final rule; approval of amendment.
We, the Office of Surface Mining Reclamation and Enforcement (OSM), approve, with certain exceptions, a proposed amendment to the Montana regulatory program (the "Montana program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Montana proposed revisions to Title 26, Chapter 4, Subchapters 3 through 12 of the Administrative Rules of Montana (ARM). Montana revised its program to be consistent with the corresponding Federal regulations, incorporate additional flexibility afforded by the revised Federal regulations, clarify ambiguities, and improve operational efficiency.

February 12, 2002 67 FR 6547
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.

February 5, 2002 (30 CFR Parts 724 and 846) 67 FR 5203
Individual Civil Penalties--Change of Address for Appeals
ACTION: Final rule.
The Office of Surface Mining Reclamation and Enforcement (OSM) is revising its regulations governing individual civil penalties to reflect a change of address for the Department of the Interior's Office of Hearings and Appeals (OHA). OHA is moving to a new location in Arlington, Virginia, effective February 11, 2002.

February 5, 2002 (30 CFR Part 901) 67 FR 5204
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 and additions of rules concerning valid existing rights. Alabama revised its program to be consistent with the corresponding Federal regulations.

February 5, 2002 (30 CFR Part 917) 67 FR 5207
Kentucky 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 Kentucky regulatory program (the Kentucky program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Kentucky proposed to revise its program at 405 KAR 7:097 pertaining to reclamation in lieu of cash payment of civil penalties. Kentucky intended to revise its program as required by Federal regulations.

January 31, 2002 (30 CFR Part 948) 67 FR 4689
West Virginia 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 an 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). West Virginia proposes revisions to the Code of State Regulations (CSR) and to the Code of West Virginia (W. Va. Code) as contained in Enrolled Senate Bill 689. The amendment is intended to revise the State's Surface Mine Blasting Rule and to amend the W. Va. Code concerning preblast survey requirements, site specific blasting design requirements, and liability and civil penalties in the event of property damage.

January 28, 2002 ( 30 CFR Part 917) 67 FR 3847
Kentucky Regulatory Program
ACTION: Proposed rule; public comment period.
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing the proposed removal of a required amendment to the Kentucky regulatory program (the "Kentucky program") at 30 CFR 917.16(f) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). 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.

January 25, 2002 (30 CFR Part 938) 67 FR 3633
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 receipt of 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 proposes revisions to rules about surface and ground water monitoring in order to satisfy a required program amendment at 30 CFR 938.16(hh), and revisions to rules about coal refuse disposal to satisfy required program amendments at 30 CFR 938.16(vvv), (www), (xxx), (yyy), (zzz), (aaaa), and (bbbb). Additionally, Pennsylvania is submitting new rules concerning coal refuse disposal operations. Pennsylvania intends to revise its program to be consistent with the corresponding Federal regulations and SMCRA, clarify ambiguities, and provide additional safeguards.

Finally, Pennsylvania requested we remove the required regulatory program amendment at 30 CFR 938.16(kk) (1) and (2). In this program amendment, we required Pennsylvania to correct cross-section references within the Pennsylvania Surface Mining Conservation and Reclamation Act (PA SMCRA).

January 9, 2002 ( 30 CFR Part 931) 67 FR 1173
New Mexico 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 New Mexico regulatory program (hereinafter, the "New Mexico program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). New Mexico proposes revisions to and additions of rules about definitions, general environmental resource information, operations that may have an adverse impact on publicly owned parks or places listed on the National Register of Historic Places, bond release applications, termination of jurisdiction, prime farmland reclamation, inspection frequency of abandoned sites, hearings for charges of violation, the qualifying criteria for assistance under the small operator's program, areas where mining is prohibited or limited, criteria for designating areas unsuitable for surface coal mining, applications for and approval of coal exploration operations of more than 250 tons, criteria for permit approval or denial, application and approval criteria for demonstrating valid existing rights, the one square mile criterion in the definition of intermittent streams, and miscellaneous non-substantive editorial revisions. New Mexico intends to revise its program to be consistent with the corresponding Federal regulations and SMCRA and improve operational efficiency.

January 9, 2002 67 FR 1227
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 under 30 CFR part 842 which allows the collection and processing of citizen complaints and requests for inspection.

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Office of Surface Mining
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