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OSM Seal 1998 Federal Register notices
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Following are summaries of Federal Register notices pertaining to the Office of Surface Mining and the implementation of the Surface Mining Law published in 1998. The current notices are also available. To locate specific notices or information on this page use your browser "FIND" button. The full text plus a complete search capability 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 23, 1998 ( 30 CFR Part 946 ) 63 FR 71047
Virginia Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.
OSM is announcing receipt of a proposed amendment to the Virginia regulatory program (hereinafter referred to as the Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment provides clarification of an existing State directive concerning permit revisions. The amendment is intended to improve the operational efficiency of the State program.

December 23, 1998 (30 CFR Part 946) 63 FR 71049
Virginia Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.
OSM is announcing receipt of a proposed amendment to the Virginia regulatory program (hereinafter referred to as the Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment clarifies the State's interpretation of its regulations concerning the disposal of excess spoil. The amendment is intended to improve the operational efficiency of the Virginia program.

December 18, 1998 (30 CFR Part 950) 63 FR 70080
Wyoming Regulatory Program
ACTION: Proposed rule; correction.
This document contains corrections to the proposed Federal rule published on July 29, 1998 (63 FR 40384; administrative record No. WY-33-8), under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). This notice is intended to correct two typographical errors and inserts two items omitted in the list of intended modifications to the Wyoming rules and regulations.

December 4, 1998 (30 CFR Part 944) 63 FR 66989
Utah Regulatory Program
ACTION: Final rule; correction.
This document contains a correction to the final rule published in the Federal Register (63 FR 63608) on November 16, 1998. The final rule removed a required amendment imposed by the Director of the Office of Surface Mining Reclamation and Enforcement (OSM) resulting from OSM's review of a previous amendment to the Utah Code. The November 16, 1998, final rule removed the last required amendment placed on Utah at 30 CFR 944.16, but inadvertently omitted removing the introductory text of 944.16. This correction rectifies that error by removing and reserving all of 944.16.

December 3, 1998 (30 CFR Part 931) 63 FR 66772
New Mexico Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.
Office of Surface Mining Reclamation and Enforcement (OSM) is 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). The proposed amendment consists of revisions to or additions of rules pertaining to the definitions of "material damage" and "occupied residential dwelling and associated structures," adjustment of bond amounts for subsidence damage, subsidence control buffer zones, and impoundments meeting the class B or C criteria for dams in Technical Release-60 published by the U.S. Natural Resources Conservation Service (NRCS). The amendment is intended to revise the New Mexico program to be consistent with the corresponding Federal regulations.

December 3, 1998 (30 CFR Part 931) 63 FR 66774
New Mexico Regulatory Program
ACTION: Proposed rule; reopening and extension of public comment period on proposed amendment.
Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of revisions and additional explanatory information pertaining to previously proposed amendment to the New Mexico regulatory program (hereinafter, the "New Mexico program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The revisions and additional explanatory information for New Mexico's proposed rules pertain to permit application contents for operations exclusively under reclamation and the timing of backfilling and grading. The amendment is intended to revise the New Mexico program to incorporate the additional flexibility afforded by the revised Federal regulations, as amended, and improve operational efficiency.

December 1, 1998 (30 CFR Part 926) 63 FR 66079
Montana Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.
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). The proposed amendment consists of Montana's 1998 Vegetation Guidelines which are required by the Administrative Rules of Montana (ARM) at 26.24.726(1). The amendment is intended to revise the Montana program to be consistent with the corresponding Federal regulations.

November 16, 1998 (30 CFR Part 944) 63 FR 63608
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 (the "Utah program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Utah proposed changes in its requirements for coal mine permit application approval at section 40-10-11 of the Utah Code Annotated (UCA, or the "Utah Code"). The State proposed the changes to update language used to describe the approval process and information that needs to be documented during that process. In addition, Utah proposed to change paragraph (f) of UCA 40-10-11(2) to clarify limitations on the authority of the Division of Oil, Gas and Mining and of the Board of Oil, Gas and Mining with respect to property right disputes. Utah also proposed to revise provisions concerning a permit applicant's list of violations of air and water protection provisions at subsection (3) of UCA 40-10-11 in response to an amendment required by OSM and described at 30 CFR 944.16(f)(2). The amendment revised the Utah program to be consistent with the Surface Mining Control and Reclamation Act of 1977 (SMCRA) regulations and to improve operational efficiency.

October 27, 1998 63 FR 57311
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 under 30 CFR Part 842 which allows the collection and processing of citizen complaints and requests for inspection.

October 14, 1998 (30 CFR Part 915) 63 FR 55025
Iowa Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.
OSM is announcing receipt of an amendment to the Iowa regulatory program (Iowa program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Iowa proposes to add revegetation success guidelines, entitled "Revegetation Success Standards and Statistically Valid Sampling Techniques," to its program. These guidelines include revegetation success standards, normal husbandry practices, and statistically valid sampling procedures and techniques for determining revegetation success on areas being restored to various land uses. Iowa 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 Iowa program and the 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 will be followed for the public hearing, if one is requested.

September 21, 1998 63 FR 50177
North Dakota Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.
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). The proposed amendment consists of the addition of the: definition of water supply, and revision of existing rules on: rulemaking notices, consolidation of information in permits, water management design plans, annual maps, wildlife monitoring reports, subsoil removal approvals, soil respreading requirements, sedimentation pond performance standards, and noncoal waste disposal. In addition to the above, the U.S. Office of Surface Mining is proposing to: remove the program requirement at 30 CFR 934.16(n) concerning the submission of specific fish and wildlife resource information. The amendment is intended to revise the North Dakota program to be consistent with the corresponding Federal regulations and incorporate the additional flexibility afforded by the revised Federal regulations and provide additional safeguards, and clarify ambiguities, and improve operational efficiency.

September 16, 1998 (30 CFR Part 934) 63 FR 49430
North Dakota Regulatory Program
ACTION: Final rule; approval of amendment.
OSM is approving a proposed amendment to the North Dakota regulatory program (hereinafter referred to as the "North Dakota program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The revisions and information explaining those North Dakota's proposed rules and statutes which comprise the amendment pertain to: the North Dakota Small Operator Assistance Program, and individual civil and criminal penalties within the coal exploration section of the program. The amendment is intended to revise the North Dakota program to be consistent with the corresponding Federal regulations and SMCRA.

September 3, 1998 (30 CFR Parts 707 and 874 ) 63 FR 46951
Abandoned Mine Land (AML) Reclamation Program; Enhancing AML Reclamation
ACTION: Proposed rule, reopening and extension of comment period.
The Office of Surface Mining Reclamation and Enforcement (OSM) is again reopening and extending the comment period for the proposed rule, Enhancing AML Reclamation, published on June 25, 1998 (63 FR 34768). The prior extension of the comment period closed on August 11, 1998. It is being reopened and extended for 15 days.

September 1, 1998 63 FR 46469
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 Technical Evaluation Series 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.

August 25, 1998 (30 CFR Part 901) 63 FR 45192
Alabama Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.
OSM is announcing receipt of a proposed amendment to the Alabama regulatory program (hereinafter the "Alabama program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The amendment consists of revisions to and additions of regulations pertaining to definitions, petitions to initiate rulemaking license applications, operation plans, reclamation plans, subsidence control, lands eligible for remining, permit applications, small operator assistance program, performance bond release, hydrologic balance, coal mine waste, backfilling and grading, revegetation, soil removal and stockpiling, inspections, and hearings. The amendment is intended to revise the Alabama program to be consistent with the corresponding Federal regulations. This document sets forth the times and locations that the Alabama program and proposed amendment to that program are available for public inspection, the comment period during which interested persons may submit written comments on the proposed amendment, and the procedures that will be followed regarding the public hearing, if one is requested.

August 21, 1998 63 FR 44925
Draft Petition Evaluation Document/Environmental Impact Statement; Tennessee
ACTION: Reopening of the public comment period for the draft petition evaluation document/environmental impact statement (PED/EIS) for Fall Creek Falls State Park, Tennessee.
On May 1, 1998, the Office of Surface Mining (OSM) of the United States Department of the Interior announced, via Federal Register notice, the availability of the draft PED/EIS for a petition to designate certain lands in the watershed and viewshed of Fall Creek Falls State Park and Natural Area, Van Buren and Bledsoe Counties, Tennessee, as unsuitable for all surface coal mining operations. OSM also announced that written comments on the draft PED/EIS would be accepted until July 30, 1998. Because of the public's continuing interest and concerns regarding the environmental and economic issues addressed in the PED/EIS, OSM is reopening the comment period.

August 11, 1998 (30 CFR Part 902 ) 63 FR 42774
Alaska 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 Alaska regulatory program (hereinafter, the "Alaska program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of revisions to rules pertaining to general permitting requirements, general permit application information requirements, environmental resource information requirements, reclamation and operation plan requirements, permitting for special categories of mining, coal exploration, self-bonding requirements, performance standards, and general provisions. The amendment is intended to revise the Alaska program to provide additional safeguards, to clarify ambiguities, and to improve operational efficiency.

August 4, 1998 (30 CFR Part 917) 63 FR 41423
Kentucky Regulatory Program
ACTION: Final rule; approval of amendment.
SM is announcing approval, with an exception, of an amendment to the Kentucky permanent regulatory program approved pursuant to the Surface Mining Control and Reclamation Act of 1977 (SMCRA). This amendment provides that areas reclaimed following the removal of temporary structures such as sedimentation ponds, roads, and small diversions are not subject to a revegetation responsibility period and bond liability period separate from that of the permit area or increment thereof served by such facilities. The amendment is intended to clarify ambiguities in the State regulations and to improve operational efficiency.

July 31, 1998 (30 CFR Part 917 ) 63 FR 40825
Kentucky Regulatory Program
ACTION: Final rule; approval of amendment.
OSM is approving a proposed amendment to the Kentucky regulatory program (hereinafter referred to as the "Kentucky program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Kentucky requested the removal of 30 CFR 917.17(a) which disapproved Kentucky's proposed revision to its staffing and budget levels (49 FR 50718, December 31, 1984). The amendment is intended to revise the Kentucky program to be consistent with the Federal regulations and SMCRA.

July 31, 1998 (30 CFR Parts 707 and 874) 63 FR 40871
Abandoned Mine Land (AML) Reclamation Program; Enhancing AML Reclamation
ACTION: Proposed rule, reopening and extension of comment period.
The Office of Surface Mining Reclamation and Enforcement (OSM) is reopening and extending the comment period for the proposed rule, Enhancing AML Reclamation, published on June 25, 1998 (63 FR 34768). The comment period closed on July 27, 1998, and is being reopened and extended for 15 days.

July 30, 1998 (30 CFR Part 926 ) 63 FR 40790
Surface Coal Mining and Reclamation Operations Under the Federal Lands Program; State-Federal Cooperative Agreements; Montana
ACTION: Final rule.
The Governor of the State of Montana (Governor) and the Secretary of the Department of the Interior (Secretary) are amending the cooperative agreement between the Department of the Interior and the State of Montana for the regulation of surface coal mining and reclamation operations on Federal lands within Montana. Cooperative agreements are provided for under section 523(c) of the Surface Mining Control and Reclamation Act of 1977 (SMCRA). These amendments clarify Montana's responsibility for the administration of its approved State program on lands subject to the Federal lands program in Montana.

July 29, 1998 (30 CFR Part 950) 63 FR 40384
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). The proposed amendment consists of revisions to rules and statutes pertaining to: fish and wildlife habitat and resource information, shrub density, certification of maps by a registered professional engineer, geologic descriptions, topsoil substitutes, special bituminous coal mines, archaeological and historic resources, permit transfers, civil penalties, and miscellaneous changes to Appendix A, which concerns vegetation sampling methods and reclamation success standards for surface coal mining operations. The amendment is intended to revise the Wyoming program to be consistent with the corresponding Federal regulations, to clarify ambiguities, and to improve operational efficiency.

July 28, 1998 (30 CFR Part 938 ) 63 FR 40237
Pennsylvania Abandoned Mine Land Reclamation Program
ACTION: Proposed rule; reopening of comment period.
OSM is reopening the public comment period on a proposed amendment to the Pennsylvania Abandoned Mine Land Reclamation (AMLR) Plan (hereinafter referred to as the Pennsylvania Program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA), 30 U.S.C. 1201 et seq., as amended. The proposed amendment adds a new section "F" entitled Government Financed Construction Contracts (GFCC) to authorize the incidental removal of coal at AML sites that would not otherwise be mined and reclaimed under the Title V program. The proposed amendment also includes the Program Requirements and Monitoring Requirements related to the use of GFCC for that purpose. The proposed amendment is intended to improve the efficiency of the Pennsylvania program by allowing the Government-financed construction exemption in Section 528 of SMCRA to be applied in cases involving less than 50% government financing only in the limited situation where the construction constitutes a government approved and administered abandoned mine land reclamation project under Title IV of SMCRA.

July 24, 1998 ( 30 CFR Part 948) 63 FR 39790
West Virginia Permanent Regulatory Program
ACTION: Proposed rule; reopening of public comment period and opportunity for a public hearing.
OSM is reopening the public comment period on certain parts of a proposed amendment to the West Virginia permanent regulatory program (hereinafter referred to as the West Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The amendment was submitted on April 28, 1997 (with revisions submitted on May 14, 1997) and amends both the West Virginia Surface Mining Reclamation Regulations and the West Virginia Surface Mining Code. The comment period is being reopened specifically on the amendments to the definition of surface mining, special authorizations, fish and wildlife as a postmining land use for mountaintop removal operations, removal of abandoned coal refuse piles, remining, and no-cost reclamation. The amendments are intended to revise the State program to be consistent with the counterpart Federal provisions and to improve the effectiveness of the West Virginia program.

July 17, 1998 63 FR 38668
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 Procedures and Criteria for Approval or Disapproval of State Program Submissions at 30 CFR Part 732 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.

July 14, 1998 (30 CFR Part 948) 63 FR 37774
West Virginia Regulatory Program
ACTION: Final rule.
OSM is approving the clarification of three final rule decisions, the removal of a required amendment, and the vacating of its retroactive approval of amendments to the West Virginia permanent regulatory program (hereinafter referred to as the West Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The clarifications concern West Virginia statutes pertaining to administrative appeals and the State Environmental Quality Board, and the required amendment pertains to termination of jurisdiction. These actions are intended to comply with a settlement agreement reached in West Virginia Mining and Reclamation Association (WVMRA) v. Babbitt, No. 2: 96-0371 (S.D. W.Va.).

July 8, 1998 ( 30 CFR Part 944 ) 63 FR 36868
Utah 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 Utah regulatory program (the "Utah program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Utah's amendment proposes changes in requirements for coal mine permit application approval in section 40-10-11 of the Utah Code Annotated (UCA) (hereafter, also the "Utah Code"). The State proposes the changes to update language used to describe the approval process and information documented during that process. In addition, Utah proposes a change to subsection (f) of UCA 40-10-11(2) to clarify limitations on authority of the Division and to the Board of Oil, Gas and Mining with respect to property right disputes. Utah also proposes to revise provisions applicable to a permit applicant's list of violations of air and water protection at subsection (3) of section 40-10-11 in response to an amendment required by OSM and described at 30 CFR 944.16(f)(2). The amendment is intended to revise the Utah program to be consistent with the Surface Mining Control and Reclamation Act of 1977 (SMCRA) regulations and to improve operational efficiency.

July 1, 1998 (30 CFR Part 901) 63 FR 35805
Alabama Regulatory Program
ACTION: Final rule; approval of amendment. OSM is approving an amendment to the Alabama regulatory program (hereinafter referred to as the "Alabama program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Alabama's revisions to and additions of statutes pertain to the small operator assistance program (SOAP), the repair of homes and other structures materially damaged by underground coal mining, and the replacement of affected water supplies. The amendments is intended to revise the Alabama program to be consistent with SMCRA.

June 25, 1998 (30 CFR Part 924) 63 FR 34597
Mississippi Regulatory Program
ACTION: Final rule; approval of amendment.
OSM is approving a proposed amendment to the Mississippi regulatory program (hereinafter referred to as the "Mississippi program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The amendment consists of revisions to the Mississippi Surface Coal Mining and Reclamation Law pertaining to the small operator assistance program, variances from performance standards, enforcement, and administrative and judicial review proceedings. The amendment is intended to revise the Mississippi program to be consistent with SMCRA.

June 24, 1998 (30 CFR Part 925) 63 FR 34277
Missouri Abandoned Mine Land Reclamation Plan
ACTION: Final rule; approval of amendment.
OSM is approving a proposed amendment to the Missouri abandoned mine land reclamation plan (hereinafter referred to as the "Missouri plan") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The amendment is intended to revise the Missouri plan to allow the Missouri Department of Natural Resources, Land Reclamation Commission, Land Reclamation Program to assume responsibility for administering the abandoned mine land reclamation emergency program in Missouri on behalf of OSM.

June 24, 1998 ( 30 CFR Part 946 ) 63 FR 34280
Virginia Regulatory Program
ACTION: Final rule; approval of amendment.
OSM is approving 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 amendment revises numerous provisions of the Virginia program concerning surface coal mining and reclamation operations. The amendment is intended to revise the State program to be consistent with the Federal regulations.

June 24, 1998 63 FR 34475
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. DATES: OMB has up to 60 days to approve or disapprove the information collections but may respond after 30 days. Therefore, public comments should be submitted to OMB by July 24, 1998, in order to be assured of consideration.

June 17, 1998 (30 CFR Part 934) 63 FR 33022
North Dakota Regulatory Program
ACTION: Proposed rule; reopening and extension of public comment period and opportunity for public hearing on proposed amendment.
Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of additional explanatory information pertaining to a previously 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 additional explanatory information for North Dakota's proposed rules pertain to changes to provisions on vegetation success standards for final bond release. The amendment is intended to revise the North Dakota program to improve operational efficiency.

June 16, 1998 63 FR 32895
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 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).

June 15, 1998 (30 CFR Part 938) 63 FR 32615
Pennsylvania Regulatory Program
This notice corrects an inadvertent omission of a phrase at 30 CFR 938.16 paragraphs (vvv) through (bbbb), concerning required Pennsylvania regulatory program amendments as published on Wednesday, April 22, 1998 (63 FR 19802). As originally published, the required amendments did not provide Pennsylvania with the option to submit, in lieu of proposed written amendments, descriptions of amendments and timetables for enactment of the described amendments.

June 15, 1998 (30 CFR Part 914) 63 FR 32632
Indiana Regulatory Program
ACTION: Proposed rule; withdrawal of proposed amendment.
OSM is announcing the withdrawal of a proposed amendment to the Indiana regulatory program (hereinafter the "Indiana program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The amendment concerned revisions to the Indiana rules pertaining to identification of interests, compliance information, and permit conditions. Indiana is withdrawing the amendment at its own initiative.

June 15, 1998 (30 CFR Part 948) 63 FR 32632
West Virginia Permanent 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 permanent regulatory program (hereinafter referred to as the West Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The amendment consists of the revisions to the West Virginia Surface Mining Reclamation Regulations. The amendments are intended to improve the operational efficiency of the West Virginia program.

June 8, 1998 (30 CFR Part 916) 63 FR 31109
Kansas Abandoned Mine Land Reclamation Plan
ACTION: Final rule; approval of amendment.
OSM is approving a proposed amendment to the Kansas abandoned mine land reclamation plan (hereinafter referred to as the "Kansas plan") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Kansas proposed revisions and additions to its plan pertaining to project ranking and selection procedures and purchasing and procurement systems. The amendment is intended to revise the Kansas plan to be consistent with the corresponding Federal regulations.

June 8, 1998 (30 CFR Part 931) 63 FR 31112
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.

June 8, 1998 (30 CFR Part 943) 63 FR 31114
Texas Regulatory Program
ACTION: Final rule; approval of amendment.
OSM is approving a proposed amendment to the Texas regulatory program (hereinafter referred to as the "Texas program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The amendment consists of revisions to Texas' regulations pertaining to definitions, prime farmland, small operator assistance, release of performance bond, and backfilling and grading. The amendment is intended to revise the Texas program to be consistent with the corresponding Federal regulations.

May 29, 1998 (30 CFR Part 914) 63 FR 29365
Indiana Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.
OSM is announcing receipt of a proposed amendment to the Indiana regulatory program (hereinafter the "Indiana program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of revisions to and additions of statutes pertaining to definitions, permit conditions, and permit revisions. The amendment is intended to revise the Indiana program to improve operational efficiency. This document sets forth the times and locations that the Indiana program and proposed amendment to that program are available for public inspection, the comment period during which interested persons may submit written comments on the proposed amendment, and the procedures that will be followed regarding the public hearing, if one is requested.

May 28, 1998 (30 CFR Part 936) 63 FR 29174
Oklahoma Regulatory Program
ACTION: Proposed Rule; reopening and extension of public comment period on proposed amendment.
OSM is announcing receipt of revisions and additional explanatory information pertaining to a previously proposed amendment to the Oklahoma regulatory program (hereinafter referred to as the "Oklahoma program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The revisions and additional explanatory information pertain to normal husbandry practices and non-augmentative reclamation activities. The amendment is intended to revise the Oklahoma program to improve operational efficiency.

May 20, 1998 (30 CFR Part 917) 63 FR 27698
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 (hereinafter the "Kentucky program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of revisions to the Kentucky statutes pertaining to bonding and permit renewal. The amendment is intended to revise the Kentucky program to be consistent with the corresponding Federal regulations.

May 18, 1998 (30 CFR Part 917) 63 FR 27229
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 (hereinafter the "Kentucky program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Kentucky submitted a letter requesting the removal of an amendment at 30 CFR 917.17(a) which required that it maintain a staffing level of 156 field inspectors and, in the same letter, provided justification for its request. The amendment is intended to revise the Kentucky program to be consistent with the corresponding Federal regulations.

May 18, 1998 (30 CFR Part 917) 63 FR 27229
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 (hereinafter the "Kentucky program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Kentucky submitted a letter requesting the removal of an amendment at 30 CFR 917.17(a) which required that it maintain a staffing level of 156 field inspectors and, in the same letter, provided justification for its request. The amendment is intended to revise the Kentucky program to be consistent with the corresponding Federal regulations.

May 13, 1998 (30 CFR Part 920) 63 FR 26451
Maryland Regulatory Program
ACTION: Final rule; approval of amendment.
OSM is approving a proposed amendment to the Maryland regulatory program (hereinafter referred to as the "Maryland program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Maryland proposed revisions to its regulations pertaining to bonding. The amendment is intended to revise the Maryland program to be consistent with the corresponding Federal regulations and SMCRA.

May 8, 1998 (30 CFR Part 934) 63 FR 25428
North Dakota Regulatory Program
ACTION: Proposed Rule
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). The proposed amendment consists of proposed changes to North Dakota's revegetation policy document, "Standards for Evaluation of Revegetation Success and Recommended Procedures for Pre- and Postmining Vegetation Assessments." The changes pertain to (1) prime farmland woodland productivity standards, (2) woodland cover standards, (3) wetland standards, (4) woodland and shelterbelt standards for recreational lands, and (5) methods for sampling woodland cover. The amendment is intended to revise the North Dakota program to be consistent with SMCRA and the Federal regulations, and to improve operational efficiency.

May 8, 1998 (30 CFR Part 918) 63 FR 25391
Louisiana Regulatory Program
ACTION: Final rule; approval of amendment
OSM is approving a proposed amendment to the Louisiana regulatory program (hereinafter referred to as the "Louisiana program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Louisiana proposed revisions to and additions of regulations pertaining to definitions, request for [*25392] hearing, permitting requirements, small operator assistance program, bond release requirements, performance standards, and enforcement procedures/civil penalties. The amendment is intended to revise the Louisiana program to be consistent with the corresponding Federal regulations.

May 1, 1998 63 FR 24192
Draft Petition Evaluation Document/Environmental Impact Statement; Tennessee
ACTION: Notice of availability of the draft petition evaluation document/environmental impact statement (PED/EIS) for Fall Creek Falls State Park, Tennessee.
The Office of Surface Mining (OSM) of the United States Department of the Interior is making available for public comment, the draft PED/EIS for a petition to designate certain lands in the watershed and viewshed of Fall Creek Falls State Park and Natural Area, Van Buren and Bledsoe Counties, Tennessee, as unsuitable for all surface coal mining operations.

April 29, 1998 (30 CFR Part 943) 63 FR 23407
Texas Regulatory Program
ACTION: Proposed rule; reopening and extension of public comment period on proposed amendment.
OSM is announcing receipt of revisions pertaining to a previously proposed amendment to the Texas regulatory program (hereinafter referred to as the "Texas program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The revisions for Texas' proposed regulations pertain to terms and conditions of the bond, release of performance bond, backfilling and grading, and prime farmland. The amendment is intended to revise the Texas program to be consistent with the corresponding Federal regulations.

April 29, 1998 (30 CFR Part 935) 63 FR 23405
Ohio Regulatory Program
ACTION: Proposed rule; reopening of public comment period.
OSM is reopening the public comment period on a proposed amendment to the Ohio regulatory program (hereinafter referred to as the "Ohio program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). This amendment provides that areas reclaimed following the removal of temporary structures that are part of the sediment control system, such as sedimentation ponds, roads, and small diversions, are not subject to a revegetation responsibility period and bond liability period separate from that of the permit area or increment thereof served by such facilities. The amendment also authorizes as a husbandry practice that not restart the revegetation responsibility period, the repair of damage to land and/or established permanent vegetation that has been unavoidably disturbed. The amendment is intended to improve operational efficiency of the Ohio program.

April 29, 1998 (30 CFR Part 901) 63 FR 23403
Alabama Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.
OSM is announcing receipt of a proposed amendment to the Alabama regulatory program (hereinafter the "Alabama program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of revisions to and additions of statutes pertaining to the small operator assistance program (SOAP), the repair of homes and other structures materially damaged by underground coal mining, and the replacement of affected water supplies. The amendment is intended to revise the Alabama program to be consistent with SMCRA. This document sets forth the times and locations that the Alabama program and proposed amendment to that program are available for public inspection, the comment period during which interested persons may submit written comments on the proposed amendment, and the procedures that will be followed regarding the public hearing, if one is requested.

April 27, 1998 63 FR 20649
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 Procedures and Criteria for Approval or Disapproval of State Program Submissions at 30 CFR Part 732.

April 27, 1998 (30 CFR Part 917) 63 FR 20561
Kentucky Regulatory Program; Reopening of Public Comment Period
ACTION: Proposed rule; reopening of public comment period.
OSM is reopening the public comment period on a proposed amendment to the Kentucky regulatory program (hereinafter the "Kentucky program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Kentucky submitted a letter requesting the removal of an amendment at 30 CFR 917.17(a) which required that it maintain a staffing level of 156 field inspectors and, in the same letter, provided justification for its request. The amendment is intended to revise the Kentucky program to be consistent with the corresponding Federal regulations.

April 22, 1998 (30 CFR Part 925) 63 FR 19874
Missouri Abandoned Mine Land Reclamation Plan
ACTION: Proposed rule; public comment period and opportunity for public hearing.
OSM is announcing receipt of a proposed amendment to the Missouri Abandoned Mine Land Reclamation Plan (hereinafter referred to as the "Missouri plan") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA), 30 U.S.C. 1201 et seq., as amended. The proposed amendment pertains to a formal request by the Missouri Department of Natural Resources, Land Reclamation Commission, Land Reclamation Program (LRP) to assume responsibility of the abandoned mine land reclamation (AMLR) emergency program in Missouri. The proposed amendment is intended to provide information to verify that Missouri has the authority under its existing plan to conduct the AMLR emergency program on behalf of OSM.
This notice sets forth the times and locations that the Missouri plan and the proposed amendment to that plan will be available for public inspection, the comment period during which interested persons may submit written comments on the proposed amendment, and the procedures that will be followed regarding the public hearing, if one is requested.

April 22, 1998 (30 CFR Part 943) 63 FR 19821
Texas Regulatory Program and Abandoned Mine Land Reclamation Plan
ACTION: Final rule; approval of amendment.
OSM is approving a proposed amendment to the Texas regulatory program and abandoned mine land reclamation (hereinafter referred to as the "Texas program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The amendment consists of recodification of the Texas Coal Mining Regulations into the Texas Administrative Code at Title 16, Chapter 12. The amendment is intended to conform the Texas Coal Mining Regulations to Texas Administrative Code formatting syntax, to correct typographical errors, and to allow for the publication of the rules in the Texas Administrative Code in full text rather than by reference.

April 22, 1998 (30 CFR Part 938) 63 FR 19802
Pennsylvania Regulatory Program
ACTION: Final rule; approval of amendments.
OSM is approving, with certain exceptions, a proposed amendment to the Pennsylvania permanent regulatory program (hereinafter referred to as the Pennsylvania program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The amendment revises the Pennsylvania program to incorporate changes made by Pennsylvania House Bill 1075 and subsequent Pennsylvania law Act 1994-114. The amendment is intended to provide special authorization for coal refuse disposal in areas previously affected by mining which contain pollutional discharges.

April 22, 1998 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 title 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 20, 1998 (30 CFR Part 920) 63 FR 19403
ACTION: Final rule; approval of amendment.
OSM is approving a proposed amendment to the Maryland regulatory program (hereinafter referred to as the "Maryland program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Maryland proposed revisions to the Maryland regulations regarding a reduced bond liability period for lands remined. The amendments are intended to revise the Maryland program to be consistent with the corresponding Federal regulations and SMCRA.

April 14, 1998 (30 CFR Part 924) 63 FR 18173
ACTION: Proposed rule; public comment period and opportunity for public hearing.
OSM is announcing receipt of a proposed amendment to the Mississippi regulatory program (hereinafter the "Mississippi program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Mississippi is proposing to replace all of its currently approved regulations for surface coal mining and reclamation operations with new regulations. The amendment is intended to revise the Mississippi program to be consistent with the corresponding Federal regulations, provide additional safeguards, and improve operational efficiency.
This document sets forth the times and locations that the Mississippi program and proposed amendment to that program are available for public inspection, the comment period during which interested persons may submit written comments on the proposed amendment, and the procedures that will be followed regarding the public hearing, if one is requested.

April 14, 1998 (30 CFR Part 924) 63 FR 18172
Mississippi Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.
OSM is announcing receipt of a proposed amendment to the Mississippi regulatory program (hereafter the "Mississippi program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of revisions to the Mississippi Surface Coal Mining and Reclamation Law pertaining to the small operator assistance program, variances from performance standards, enforcement, and administrative and judicial review proceedings. The amendment is intended to revise the Mississippi program to be consistent with SMCRA.
This document sets forth the times and locations that the Mississippi program and proposed amendment to that program are available for public inspection, the comment period during which interested persons may submit written comments on the proposed amendment, and the procedures that will be followed regarding the public hearings, if one is requested.

April 8, 1998 (30 CFR Part 913) 63 FR 17094
Illinois Regulatory Program
ACTION: Final rule; approval of amendment.
OSM is approving a proposed amendment to the Illinois regulatory program (hereinafter referred to as the "Illinois program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Illinois requested that OSM reconsider two regulations disapproved in a previously proposed amendment to the Illinois program and submitted explanatory information in support of its request. These regulations concern the determination of revegetation success for non-contiguous surface disturbance areas less than or equal to four acres. The additional explanatory information is intended to clarify the regulations by providing an interpretation statement and specifying procedures and evaluation criteria that would be used in the implementation of the regulations. The amendment is intended to improve operational efficiency.

April 8, 1998 (30 CFR Part 944) 63 FR 17138
Utah 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 Utah regulatory program (the "Utah program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Utah's amendment includes proposed changes in requirements for subsidence control plans, subsidence control, and water replacement in context of the definitions, engineering, and hydrology parts of the Utah Administrative Rules (Utah Admin. R.) at R645 et seq.
The amendment is intended to revise the Utah program to be consistent with the corresponding Federal regulations and improve operational efficiency.

April 6, 1998 63 FR 16826
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 title 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 6, 1998 63 FR 16825
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: 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.

April 6, 1998 63 FR 16730
Maryland Regulatory Program
Action: Proposed rule; reopening of public comment period
OSM is reopening the public comment period on a proposed amendment to the Maryland regulatory program (hereinafter the "Maryland program" under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of changes to provisions of the Maryland regulations pertaining to bonding. The amendment is intended to revise the Maryland program to be consistent with the corresponding Federal regulations and SMCRA.

April 6, 1998 63 FR 16728
Kansas Abandoned Mine Lane Reclamation Plan
ACTION: Proposed rule; public comment period and opportunity for public hearing.
OSM is announcing receipt of a proposed amendment to the Kansas abandoned mine land reclamation plan (hereinafter referred to as the "Kansas plan") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of revisions and additions to the Kansas plan pertaining to project ranking and selection procedures and purchasing and procurement systems. The amendment is intended to revise the Kansas plan to be consistent with the corresponding Federal regulations.

April 6, 1998 63 FR 16725 (30 CFR Part 914)
Indiana Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.
OSM is announcing receipt of a proposed amendment to the Indiana regulatory program (hereinafter the "Indiana program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of revisions to Indiana's regulations pertaining to the definition of "affected area," submittal of underground mining operation plans, and the standards for prime farmland restoration by surface and underground coal mining operations. The amendment is intended to revise the Indiana regulations to be consistent with the corresponding Federal regulations. This document sets forth the times and locations that the Indiana program and proposed amendment to that program are available for public inspection, the comment period during which interested persons may submit written comments on the proposed amendment, and the procedures that will be followed regarding the public hearing.

April 6, 1998 (30 CFR Part 914) 63 FR 16723 Indiana Regulatory Program
ACTION: Proposed rule; public comment period and opportunity for public hearing.
OSM is announcing receipt of a proposed amendment to the Indiana regulatory program (hereinafter the "Indiana program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of revisions to regulations pertaining to permit application requirements for reclamation plans, public availability of information, and stream buffer zones. The amendment is intended to revise the Indiana program to be consistent with the corresponding Federal regulations. This document sets forth the times and locations that the Indiana program and proposed amendment to that program are available for public inspection, the comment period during which interested persons may submit written comments on the proposed amendment, and the procedures that will be followed regarding the public hearing, if one is requested.

April 6, 1998 (30 CFR Part 913) 63 FR 16719
Ilinois Regulatory Program
ACTION: Proposed rule: public comment period and opportunity for public hearing.
OSM is announcing receipt of two proposed amendments to the Illinois regulatory program (hereinafter the "Illinois program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). This first proposed amendment consists of revisions to Illinois' statutes pertaining to definitions and areas unsuitable for surface coal mining operations. The second proposed amendment consists of revisions to Illinois' regulations pertaining to a definition for "previously mined areas" areas unsuitable for surface coal mining operations, permitting, prime farmland, bonding, performance standards, and blasters certification. The amendments are intended to revise the Illinois program to be consistent with the corresponding Federal regulations and SMCRA, clarify existing regulations, and improve operational efficiency.
This document sets forth the times and locations that the Illinois program and proposed amendments to that program are available for public inspection, the comment period during which interested persons submit written comments on the proposed amendments, and the procedures that will be followed regarding the public hearing, if one is requested.

March 23, 1998 (30 CFR Part 920) 63 FR 13781
Maryland Regulatory Program
Action: Final rule; approval of amendment; removal of requirement amendments.
OSM is approving a proposed amendment to the Maryland regulatory program (hereinafter referred to as the "Maryland program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Maryland proposed revisions to the Maryland regulations pertaining to excess spoil disposal, conditions of surety and collateral bonds, and procedures for release of general bonds. The amendment is intended to authorize the use of excess spoil from a valid permitted coal mining operation for the reclamation of an abandoned unreclaimed area outside of the permit area, and to revise the Maryland program regarding conditions and procedures for collateral bonds and release of bonds to be consistent with the corresponding Federal regulations.

March 18, 1998 63 FR 13269
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.

Monday, March 16, 1998 (30 CFR 914) 63 FR 12648
Indiana Abandoned Mine Land Reclamation Plan
Action: Final rule; approval of amendment.
OSM is approving a proposed amendment to the Indiana abandoned mine land reclamation plan (hereinafter referred to as the "Indiana plan") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of revisions to the Indiana plan pertaining to procedures for ranking and selecting reclamation projects, coordination with other programs, reclamation of private land, public participation policies, organization of designated agency, Applicant/Violator System (AVS) requirements, flora and fauna of southwestern Indiana, and the emergency response reclamation program. The amendment is intended to revise the Indiana plan to be consistent with the corresponding Federal regulations and SMCRA.

March 11, 1998 63 FR 11308
Louisiana Regulatory Program
Action: Final rule; approval of amendment
OSM is approving a proposed amendment to the Louisiana regulatory program (hereinafter referred to as the "Louisiana program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of the addition of a definition for "replacement of water supply" to the Louisiana Surface Mining Regulations (LSMR). The amendment is intended to revise the Louisiana program to be consistent with the corresponding Federal regulations.

March 6, 1998 63 FR 11308
Action: Notice of public meetings
In accordance with the objectives of the Government Performance and Results Act and the Vice-President's National Performance Review, the Office of Surface Mining Reclamation and Enforcement (OSM) of the U.S. Department of the Interior is soliciting the participation of interested parties to discuss its FY 1999 budget submission to Congress and to gain input and advice as to current issues, problems and priorities that should be addressed by OSM during FY 2000.

March 3, 1998 (30 CFR Part 943) 63 FR 10317
Texas Regulatory Program and Abandoned Mine Land Reclamation Plan
Action: Final rule; approval of amendment.
OSM is approving a proposed amendment to the Texas regulatory program and abandoned mine land reclamation plan (hereinafter referred to as the "Texas program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA)> Texas proposed revisions to statutes pertaining to eligibility of land and water, small operator assistance, definitions, exemptions, applicability to governmental units, coal exploration operations, prohibition on surface coal ming in certain areas, filing of a schedule of notices of violation, effect of past or present violation, improvidently issued permits, performance standards, and cessation orders. The amendment is intended to revise the Texas program to be consistent with SMCRA.

March 3, 1998 (30 CFR Part 916) 63 FR 10309
Kansas Regulatory Program and Abandoned Mine Land Reclamation Plan
Action: Final rule; approval of amendment.
OSM is approving a proposed amendment to the Kansas regulatory program and abandoned mine land reclamation plan (hereinafter referred to as the "Kansas program") under the Surface mining Control and Reclamation Act of 1977 (SMCRA). Kansas proposed revisions to and additions of regulations pertaining to communications, petitions to initiate rulemaking, notice of citizen suits, preparation and submission of reports by the permittee, definitions, permit applications, administrative hearing procedures, civil penalties, permit review, permit revision, permit renewals, permit transfers, assignments, and sales, permit conditions, permit suspension or revocation, termination of jurisdiction, exemption for coal extraction incident to government-financed highway or other construction, exemption for coal extraction incidental to the extraction of other minerals, coal exploration, bonding, procedures, performance standards, revegetation, interim performance standards, underground mining, small operator assistance program, lands unsuitable for surface mining, training, certification, and responsibilities of blasters and operators, employee financial interests, inspection and enforcement, eligible lands and water, reclamation project evaluation, consent to entry, liens, appraisals, contractor responsibility, exclusion of certain noncoal reclamation sites, and abandoned mine land reclamation plan reports. The amendment is intended to revise the Kansas program to be consistent with the corresponding Federal regulation.

March 3, 1998 (30 CFR Part 870) 63 FR 10307
Abandoned Mine Land Reclamation Fund Reauthorization Implementation
Action: Final rule
The Office of Surface Ming Reclamation and Enforcement (OSM) of the U.S. Department of the Interior is removing its regulation at 30 CFR 870.17. The regulation concerns the scope of audits conducted in connection with OSM's abandoned mine land reclamation program.

March 2, 1998 63 FR 10244
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 title 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.

February 26, 1998 (30 CFR Part 904) 63 FR 9747
Arkansas Regulatory Program
Action: Proposed rule; public comment period and opportunity for public hearing.
OSM is announcing receipt of a proposed amendment to the Arkansas regulatory program (hereinafter the 'Arkansas program') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of revisions to and/or additions of regulations pertaining to definitions; reclamation plans; disposal of excess spoil; steep slope mining; permits incorporating variances from approximate original contour restoration requirements for steep slope mining; prime farmlands; performance standards for coal exploration and prime farmland; signs and markers; topsoil and subsoil; hydrologic balance; backfilling and grading; procedures for assessment conference; and request for adjudicatory public hearing. The amendment is intended to revise the Arkansas program to be consistent with the corresponding Federal regulation and to enhance enforcement of the State program.

This document sets forth the times and locations that the Arkansas program and proposed amendment to that program are available for public inspection, the comment period during which interested persons may submit written comments on the proposed amendment, and the procedures that will be followed regarding the public hearing, if one is requested.


February 24, 1998 (30 CFR Part 935) 63 FR 9131 Ohio Regulatory Program
Action: Final rule; approval of amendment.
OSM is approving a proposed amendment to the Ohio regulatory program (hereinafter referred to as the 'Ohio program') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Ohio proposed revisions to its statutes pertaining to attorney fees. The amendment is intended to revise the Ohio program to be consistent with the corresponding Federal regulation.

February 24, 1998 (30 CFR Part 931) 63 FR 9165
New Mexico Regulatory Program
Action: Proposed rule; public comment period and opportunity for public hearing on proposed amendment.
Office of Surface Mining Reclamation and Enforcement (OSM) is 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). The proposed amendment consists of recodification of the New Mexico Surface Coal Mining Regulations. This amendment is intended to revise the New Mexico program to improve operational efficiency and assure that the New Mexico Surface Coal Mining Regulations are codified according to the New Mexico administrative procedures.

February 23, 1998 (30 CFR Part 948) 63 FR 8891
West Virginia Permanent Regulatory Program
Action: Proposed rule, public comment period and opportunity for public hearing.
OSM is proposed to clarify three final rule decisions, to remove a requirement amendment, and to vacate its retroactive approval of amendments to the West Virginia permanent regulatory program (hereinafter referred to as the West Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The clarifications concern west Virginia statutes pertaining to administrative appeals and the State Environmental Quality Board, and the required amendment pertains to termination of jurisdiction. The proposed actions are intended to comply with a settlement agreement reached in West Virginia Mining and Reclamation Association (WVMRA) v. Babbitt, No. 2: 96-0371 (S.D.W.Va).

February 18, 1998 (30 CFR Part 936) 63 FR 8123
Oklahoma Abandoned Mine Land Reclamation Plan
Action: Final rule; approval of amendment.
OSM is approving a proposed amendment to the Oklahoma abandoned mine land reclamation plan (hereinafter referred to as the 'Oklahoma plan') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The amendment is intended to revise the Oklahoma plan to allow the State to assume responsibility for administering and emergency response reclamation program in Oklahoma on behalf of OSM.

February 13, 1998 (30 CFR Part 943) 63 FR 7356
Texas Regulatory Program and Abandoned Mine Land Reclamation Plan
Action: Proposed rule; public comment period and opportunity for public hearing.
OSM is announcing receipt of a proposed amendment to the Texas regulatory program and abandoned mine land plan (hereinafter the "Texas Program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of codification of the Texas Coal Mining Regulations in the Texas Administrative Code at Title 16, Economic Regulations, Chapter 12. The amendment is intended to conform the Texas Coal mining Regulations to Texas Administrative Code formatting syntax, to correct typographical errors, and to allow for the publication of the rules in the Texas Administrative Code in full text rather than by reference.

This document sets froth the times and locations that the Texas program and proposed amendment to that program are available for public inspection, the comment period during which interested persons may submit written comments on the proposed amendment, and the procedures that will be followed regarding the public hearing, if one is requested.


February 10, 1998 (30 CFR Part 924) Mississippi Regulatory Program
Action: Correction
In rule document 98-532 beginning on page 1342 in the issue of Friday January 9, 1998, make the following corrections:

(1) On page 1345, in the first column, starting in the thirteenth line remove "However, the Director finds that the proposed definition is not inconsistent with the Federal definition."
(2) On the same page, in the second column, in the first full paragraph, seven lines from the bottom "utility of publicly" should read "utility or publicly".
(3) On page 1348, in the third column, in the first full paragraph, in the twelfth line "plant" should read "plan".
(4) On page 1352, in the third column, in the first full paragraph, six lines from the bottom "are non inconsistent" should read "are not inconsistent".
(5) On page 1353, in the first column, in the second full paragraph, three lines from the bottom "from paragraph, three lines from the bottom "from other requirement" should read "from the requirement".


February 6, 1998 (30 CFR Part 904) Arkansas Regulatory Program
Action: Correction
In proposed rule document 98-530 beginning on page 1396, in the issue of Friday, January 9, make the following corrections:

(1) On page 1397, in the third column:
(a) In the first paragraph, in the eighth line "five responsibility" should read "five year responsibility">
(b) Under paragraph heading 6, in the forth line "greater 70" should read "greater of 70".
(c) Under paragraph heading 7, three lines from the bottom "we disturbed" should read "were disturbed".
(2) On page 1398, in the first column:
(a) Under paragraph heading 8, in paragraph (c), in the thirteenth line from the bottom "A Ground cover" should read "(4) Ground cover".
(b) In the eight line from the bottom "sill not reduce" should read "will not reduce".


February 5, 1998 (30 CFR Part 946) 63 FR 5888
Virginia Abandoned Mine Land Reclamation Plan
Action: Final rule; approval of amendment.
OSM is announcing the approval of a proposed amendment to the Virginia Abandoned Mine Land Reclamation (AMLR) Program (hereinafter referred to as the Virginia Program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA), 30 U.S.C. 1201 et seq., as amended. The proposed amendment makes changes to the Ranking and Selection section and to the AML Water Project Evaluation form. The amendment is intended to revise the Virginia program to be consistent with SMCRA, and to improve the efficiency of the Virginia program.

January 29, 1998 63 FR 4472
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 ins intention to request approval for the collection of information for the permanent program performance standards -- underground mining activities at 30 CFR Part 817.

January 23, 1998 (30 CFR Part 935) 63 FR 3507
Ohio Regulatory Program
Action: Proposed rule; public comment period and opportunity for public hearing.
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). The proposed amendment consists of changes to provisions of the Ohio rules pertaining to permitting requirement s, bond release and performance standards. The amendment is intended to revise the Ohio program to be consistent with the corresponding Federal regulations.

January 23, 1998 (30 CFR Part 943) 63 FR 3508
Texas Regulatory Program
Action: Proposed rule; correction
OSM is correcting a proposed rule that appeared in the Federal Register of December 29, 1997 (62 FR 67592). This document announced receipt of a proposed amendment to the Texas abandoned mine land reclamation plan (hereinafter referred to as the "Texas program") under the Surface Mining Control and Reclamation Act of 1997 (SMCRA).

January 20, 1998 (30 CFR Part 913) 63 FR 2916
Illinois Regulatory Program
Action: Proposed rule; withdrawal of proposed amendment.
OSM is announcing the withdrawal of a proposed amendment to the Illinois regulatory program (hereinafter the "Illinois program") under the Surface ming Control and Reclamation Act of 1977 (SMCRA). The proposed amendment concerned a revision to the Illinois regulations pertaining to administrative review. Illinois is withdrawing the amendment at its own initiative.

January 20, 1998 (30 CFR Part 916) 63 FR 2916
Kansas Regulatory Program and Abandoned Mine Land Reclamation Plan
Action: Proposed rule; Reopening and extension of public comment period on proposed amendment.
OSM is announcing receipt of revisions pertaining to a previously proposed amendment to the Kansas regulatory program (hereinafter referred to as the "Kansas program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The revisions for Kansas's proposed rules pertain to definitions; application for ming permit; civil penalties; permit transfers, assignment, and sales; termination of jurisdiction; exemption for coal and extraction incident to government-financed highway or ther construction; exemption for coal extraction incident to the extraction of other minerals; coal exploration; bonding procedures; performance standards; eligible lands and water; liens; contractor responsibility; exclusions of certain noncoal reclamation sites; and reports. The amendment is intended to revise the Kansas program to be consistent with the corresponding Federal regulations.

January 20 1998 (30 CFR Part 920) 63 FR 2919
Maryland Regulatory Program
Action: Proposed rule; reopening of comment period.
OSM is reopening the public comment period on a proposed amendment to the Maryland permanent regulatory program (hereinafter referred to as the "Maryland program") under the Surface Ming Control and Reclamation Act of 1977 (SMCRA). The proposed amendments consist of revisions to the Maryland regulations pertaining to excess spoil disposal, conditions of surety and collateral bonds, and procedures for release of general bonds. The amendments are intended to revise the Maryland program to be consistent with the corresponding Federal regulations.

January 14, 1998 (30 CFR Part 944) 63 FR 2192
Utah Abandoned Mine Land Reclamation Plan
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 pertaining to a previously-proposed amendment to the Utah abandoned mine land reclamation (AMLR) plan (hereinafter, the "Utah plan") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The revision to Utah's proposed rules pertaining to the definitions of "eligible lands and water" and "left or abandoned in either an unreclaimed or inadequately reclaimed condition," and to general reclamation requirements for coal lands and waters. The amendment is intended to revise the Utah plan to met the requirements of the corresponding Federal regulations, to incorporate and additional flexibility afforded by the revised Federal regulations, to clarify ambiguities, and to improve operational efficiency.

January 9, 1998 (30 CFR Part 924) 63 FR 1342
Mississippi Regulatory Program
Action: Final rule; approval of amendment.
OSM is approving, with exceptions and additional requirements, a proposed amendment to the Mississippi regulatory program (hereinafter referred to as the "Mississippi program") under the Surface mining Control and Reclamation Act of 1977 (SMCRA). Mississippi proposed revisions to the Mississippi Surface Coal Mining and Reclamation Law (MSCMRL) pertaining to definitions, reorganization, adoption of rules and regulations, small operator assistance program, permit applications, permit fees, reclamation plans, performance bonds, permit issuance, permit reissuance, permit revisions, public participation, public hearings, formal hearings, confidentiality claims, environmental protection performance standards, postmining land use, underground coal mining, mine entrance signs, violations, civil penalties, bond release, bond forfeiture, suspension and revocation of permits, designating lands unsuitable for surface coal mining, and creation of a "Surface Coal Mining and Reclamation Fund." The amendment is intended to revise the Mississippi program to be consistent with SMCRA, clarify ambiguities, and improve operational efficiency by incorporating the administrative practices and laws used by other environmental agencies in the State.

January 9, 1998 (30 CFR Part 904) 63 FR 1396
Arkansas Regulatory Program
Action: Proposed rule; public comment period and opportunity for public hearing.
OSM is announcing receipt of a proposed amendment to the Arkansas regulatory program (hereinafter the "Arkansas program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of revisions to and additions of regulations pertaining to revegetation success standards and selective husbandry practices that would not extend the period of responsibility for revegetative success and bond liability. The amendment is intended to revise the Arkansas program to be consistent with the corresponding Federal regulations and improve operational efficiency.

This document sets forth the times and locations that the Arkansas program and proposed amendment to that program are available for public inspection, the comment period during which interested persons may submit written comments on the proposed amendment, and the procedures that will be followed regarding the public hearing, if one is requested.


January 9, 1998 (30 CFR Part 936) 63 FR 1399
Oklahoma Regulatory Program
Action: proposed rule; withdrawal of proposed amendment.
OSM is announcing the withdrawal of a proposed amendment to the Oklahoma regulatory program (hereinafter the "Oklahoma program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment concerned protected activities. Oklahoma is withdrawing the amendment at its own initiative.

January 7, 1998 (30 CFR Part 918) 63 FR 712
Louisiana Regulatory Program
Action: proposed rule; public comment period and opportunity for public hearing.
OSm is announcing receipt of a proposed amendment to the Louisiana regulatory program (hereinafter the "Louisiana program") under the Surface Mining control and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of an addition of a definition for "replacement of water supply" to the Louisiana Surface Mining Regulations. The amendment is intended to revise the Louisiana program to be consistent with the corresponding Federal regulations.

This document sets forth the times and locations that the Louisiana program and proposed amendment to that program are available for public inspection, the comment period during which interested persons may submit written comments on the proposed amendment, and the procedures that will be followed regarding the public hearing, if one is requested.


January 7, 1998 63 FR 890
Notice of Proposed Information Collection
Action: Notice and request for comments
In compliance with the Paperwork Reductions 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 reclamation on Private Lands, 30 CFR 882.

January 7, 1998 63 FR 890
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 title 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.

January 6, 1998 (30 CFR Part 936) 63 FR 454
Oklahoma Regulatory Program
Action: proposed rule; public comment period and opportunity for public hearing.
OSM is announcing receipt of a proposed amendment to the Oklahoma regulatory program (hereinafter the "Oklahoma program") under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of revisions to and/or additions of regulations pertaining to definitions; reclamation plan:siltation structures, impoundments, banks, dams, and embankments; permit variances from approximate original contour restoration requirements; small operator assistance; bond release applications; hydrologic balance: siltation structures; disposal of excess spoil: preexisting benches; coal mine waste: general requirements; state inspections and monitoring; and request for hearing. The amendment is intended to revise the Oklahoma program to be consistent with the corresponding Federal regulations.

This document set forth the times and locations that the Oklahoma program and proposed amendment to that program are available for public inspection, the comment period during which interested persons may submit written comments on the proposed amendment, and the procedures that will be followed regarding the public hearing, if one is requested.

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Office of Surface Mining
1951 Constitution Ave. N.W.
Washington, D.C. 20240
202-208-2719
getinfo@osmre.gov