FEDERAL REGISTER: 45 FR 64908 (October 1, 1980)

DEPARTMENT OF THE INTERIOR 
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM)

30 CFR Parts 784 and 817 
Surface Coal Mining and Reclamation Operations: Permanent Regulatory Program  

ACTION: Final Interpretive rules.  

SUMMARY: The Office of Surface Mining is providing an interpretation of 30 CFR 784.15 and 817.133 to clarify
OSM's position that an operator of a long duration underground coal mining operation may apply for approval of an
alternative post-mining land use through the permit revision procedures of 30 CFR 788.12 toward the end of the
mine life rather than initial permit application.  

DATE: These interpretive rules become effective October 1, 1980.  

FOR FURTHER INFORMATION: Raymond E. Aufmuth, Physical Scientist, Technical Services Division, Office of
Surface Mining, U.S. Department of the Interior, 1951 Constitution Avenue, NW., Washington, D.C. 20240,
telephone (202) 343-4022.  

SUPPLEMENTARY INFORMATION: These interpretive rules do not establish any new substantive requirements
but merely explain the Office of Surface Mining's interpretation of previously published rules.  These interpretations
will be followed in all program areas including State program review and oversight, enforcement action, Federal
programs and the Federal lands program.  

     The Department's regulations allow Interpretive rules of this kind to be published without opportunity for
public comment.  43 CFR 14.5(c)(2). Because there was no need for expedited rulemaking action and consistent with
OSM's general commitment to seek public involvement to the fullest extent possible, OSM published these rules as
proposed on August 1, 1980 (45 FR 51240-41) with a thirty day comment period.  No comments were received on
the proposal.  Accordingly, these rules became effective on the date of publication in the Federal Register.  See 43
CFR 14.5(c)(4).  

     These interpretive rules constitute the Federal standard by which State programs are reviewed under 30
CFR 732.  If a provision of any State program currently under review or approved is inconsistent with these
interpretive rules, States will be given an opportunity at a later date to amend their programs to reflect the
interpretation adopted today.  

Dated: September 24, 1980.  
Walter N. Heine,  Director, Office of Surface Mining Reclamation and Enforcement .  

Section 784.200(a) is added to read as follows:  

Sec. 784.200 Interpretive rules related to General Performance Standards.  

The following interpretation of rules promulgated in Part 784 of this chapter have been adopted by the Office of
Surface Mining Reclamation and Enforcement.  

(a) Interpretation of Section 784.15: Reclamation Plan: Postmining Land Uses .  

     (1) The requirements of 30 CFR 784.15(a)(2), for approval of an alternative postmining land use, may be met by
requesting approval through the permit revision procedures of 30 CFR 788.12 rather than requesting such approval
in the original permit application.  The original permit application, however, must demonstrate that the land will be
returned to its premining land use capability as required by 30 CFR 817.133(a).  

     An application for a permit revision of this type, (1) must be submitted in accordance with the filing
deadlines of 30 CFR 771.21(b)(3), (2) shall constitute a significant alteration from the mining operations
contemplated by the original permit, and (3) shall be subject to the requirements of 30 CFR 786 and 787.  

Section 817.200 is amended by adding new paragraph (d) to read as follows:  

Sec. 817.200 Interpretive rules related to General Performance Standards.  

The following interpretation of rules promulgated in Part 817 of this chapter have been adopted by the Office of
Surface Mining Reclamation and Enforcement.  

{64909} 
(d) Interpretation of Section 817.133: Postmining Land Use.  

     (1) The requirements of 30 CFR 784.15(a)(2), for approval of an alternative postmining land use, may be met by
requesting approval through the permit revision procedures of 30 CFR 788.12 rather than requesting such approval
through the permit application.  The original permit application, however, must demonstrate that the land will be
returned to its premining land use capability as required by 30 CFR 817.133(a).  

     An application for a permit revision of this type, (1) must be submitted in accordance with the filing
deadlines of 30 CFR 771.21(b)(3), (2) shall constitute a significant alteration from the mining operations
contemplated by the original permit, and (3) shall be subject to the requirements of 30 CFR 786 and 787.  

[FR Doc. 80-30347 Filed 9-30-80; 8:45 am]  
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