North Dakota Abandoned Mine Land Reclamation Plan

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 934

[ND-033-FOR]

North Dakota Abandoned Mine Land Reclamation Plan

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Proposed rule; reopening and extension of public comment period

on proposed amendment.

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SUMMARY: The 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 abandoned mine

land reclamation (AMLR) plan (hereinafter, the ``North Dakota plan'')

under the Surface Mining Control and Reclamation Act of 1977 (SMCRA).

The additional explanatory information for North Dakota's proposed

statute and plan provisions pertain to contractor eligibility and sole-

source procurement procedures and policies. The amendment is intended

to revise the North Dakota plan to meet the requirements of the

corresponding Federal regulations and to improve operational

efficiency.

DATES: Written comments must be received by 4:00 p.m., m.d.t., June 20,

1996.

ADDRESSES: Written comments should be mailed or hand delivered to Guy

Padgett at the address listed below. Copies of the North Dakota plan,

the proposed amendment, and all written comments received in response

to this document will be available for public review at the addresses

listed below during normal business hours, Monday through Friday,

excluding holidays. Each requester may receive one free copy of the

proposed amendment by contacting OSM's Casper Field Office.

Guy Padgett, Director, Casper Field Office, Office of Surface Mining

Reclamation and Enforcement, 100 East B Street, Room 2128, Casper,

Wyoming 82601-1918

Louis A. Ogaard, Director, AML Division, Public Service Commission,

Capitol Building, Bismarck, ND 58505-0165

FOR FURTHER INFORMATION CONTACT:

Guy Padgett, Telephone: (307) 261-6555, Internet address:

[email protected]

SUPPLEMENTARY INFORMATION:

I. Background on the North Dakota Plan

On December 23, 1981, the Secretary of the Interior approved the

North Dakota plan. General background information on the North Dakota

plan, including the Secretary's findings and the disposition of

comments, can be found in the December 23, 1981, Federal Register (46

FR 62253). Subsequent actions concerning North Dakota's plan and plan

amendments can be found at 934.25.

II. Proposed Amendment

By letter dated September 20, 1995, North Dakota submitted a

proposed amendment to its plan (administrative record No. ND-X-02)

pursuant to SMCRA (30 U.S.C. 1201 et seq.). North Dakota submitted the

proposed amendment in response to a September 26, 1994, letter

(administrative record No. ND-X-01) that OSM sent to North Dakota in

accordance with 30 CFR 884.15(b), and at its own initiative. The

provisions of the North Dakota plan that North Dakota proposed to add

or revise were: North Dakota Century Code (NDCC) 38-14.2-03(14), powers

and duties of the Commission; procurement procedures; contract

procedures; policy 2-01-81(5), procurement policy and contract policy;

and State agency organizational chart.

OSM announced receipt of the proposed amendment in the October 16,

1995, Federal Register (60 FR 53564), provided an opportunity for a

public hearing or meeting on its substantive adequacy, and invited

public comment on its adequacy (administrative record No. ND-X-05).

Because no one requested a public hearing or meeting, none was held.

The public comment period ended on November 15, 1995.

During its review of the amendment, OSM identified concerns

relating to (1)

[[Page 25426]]

the powers and duties of the Commission at NDCC 38-14.2-03(14),

concerning the eligibility of successful bidders to receive AMLR

contracts and (2) procurement procedures at section IV. C. 5 of the

North Dakota plan provisions, concerning noncompetitive negotiation

(sole-source procurement) when emergency or severe time constraints

preclude issuing a formal request for proposals. OSM notified North

Dakota of the concerns by letter dated December 7, 1995 (administrative

record No. ND-X-04). North Dakota responded in a letter dated April 30,

1996, be submitting additional explanatory information (administrative

record No. ND-X-09).

North Dakota proposes additional explanatory information for NDCC

38-14.2-03(14), contractor responsibility, in the form of a policy that

provides guidelines to govern the selection of successful bidders for

AMLR contracts, and section IV. C. 5 of its plan provisions,

procurement procedures, in the form of a statement concerning sole-

source procurement.

Specifically, North Dakota proposes to add a policy statement that

requires a background search of successful bidders for AMLR contracts,

provides the criteria to be used in determining the eligibility of the

successful bidder under 30 CFR 773.15(b)(1) at the time of contract

award, limits the award of the AMLR contract to a successful bidder who

meets the criteria used to determine eligibility, and provides that the

eligibility determination will be made through OSM's Applicant/Violator

System for each AMLR contract to be awarded. North Dakota also proposes

that the Federal regulation at 43 CFR 12.76(d)(4)(i)(B), which is cited

in OSM's December 7, 1995, issue letter, and implements one part of the

Office of Management and Budget (OMB) Circular A-102 (commonly known as

the ``Common Rule''), does not apply to States and that States are

required to abide by 43 CFR 12-76(a) only.

III. Public Comment Procedures

OSM is reopening the comment period on the proposed North Dakota

plan amendment to provide the public an opportunity to reconsider the

adequacy of the proposed amendment in light of the additional materials

submitted. In accordance with the provisions of 30 CFR 884.15(a), OSM

is seeking comments on whether the proposed amendment satisfies the

applicable plan approval criteria of 30 CFR 884.14. If the amendment is

deemed adequate, it will become part of the North Dakota plan.

Written comments should be specific, pertain only to the issues

proposed in this rulemaking, and include explanations in support of the

commenter's recommendations. Comments received after the time indicated

under ``DATES'' or at locations other than the Casper Field Office will

not necessarily be considered in the final rulemaking or included in

the administrative record.

IV. Procedural Determinations

1. Executive Order 12866

This rule is exempted from review by the Office of Management and

Budget (OMB) under Executive Order 12866 (Regulatory Planning and

Review).

2. Executive Order 12988

The Department of the Interior has conducted the reviews required

by section 3 of Executive Order 12988 (Civil Justice Reform) and has

determined that this rule meets the applicable standards of subsections

(a) and (b) of that section. However, these standards are not

applicable to the actual language of Tribe or State AMLR plans and

revisions thereof since each such plan is drafted and promulgated by a

specific Tribe or State, not by OSM. Decisions on proposed Tribe or

State AMLR plans and revisions thereof submitted by a Tribe or State

are based on a determination of whether the submittal meets the

requirements of Title IV of SMCRA (30 U.S.C. 1231-1243) and the

applicable Federal regulations at 30 CFR Parts 884 and 888.

3. National Environmental Policy Act

No environmental impact statement is required for this rule since

agency decisions on proposed Tribe or State AMLR plans and revisions

thereof are categorically excluded from compliance with the National

Environmental Policy Act (42 U.S.C. 4332) by the Manual of the

Department of the Interior (516 DM 6, appendix 8, paragraph 8.4B(29)).

4. Paperwork Reduction Act

This rule does not contain information collection requirements that

require approval by OMB under the Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

5. Regulatory Flexibility Act

The Department of the Interior has determined that this rule will

not have a significant economic impact on a substantial number of small

entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

The Tribe or State submittal which is the subject of this rule is based

upon Federal regulations for which an economic analysis was prepared

and certification made that such regulations would not have a

significant economic effect upon a substantial number of small

entities. Accordingly, this rule will ensure that existing requirements

established by SMCRA or previously promulgated by OSM will be

implemented by the Tribe or State. In making the determination as to

whether this rule would have a significant economic impact, the

Department relied upon the data and assumptions in the analyses for the

corresponding Federal regulations.

6. Unfunded Mandates Reform Act

This rule will not impose a cost of $100 million or more in any

given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 934

Abandoned mine reclamation programs, Intergovernmental relations,

Surface mining, Underground mining.

Dated: May 9, 1996.

Richard J. Seibel,

Regional Director, Western Regional Coordinating Center.

[FR Doc. 96-12726 Filed 5-20-96; 8:45 am]

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