North Dakota Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 934

[ND-036-FOR, Amendment No. XXIV]

North Dakota Regulatory Program

AGENCY: The Office of Surface Mining Reclamation and Enforcement,

Interior.

ACTION: Final rule; approval of amendment.

-----------------------------------------------------------------------

SUMMARY: Office of Surface Mining Reclamation and Enforcement (OSM) is

approving a proposed amendment to the North Dakota regulatory program

(hereinafter, the ``North Dakota program'') under the Surface Mining

Control and Reclamation Act of 1977 (SMCRA). North Dakota proposed

deletions of statutes pertaining to the North Dakota Reclamation

Research Advisory Committee. The amendment revised the North Dakota

program to improve operational efficiency.

EFFECTIVE DATE: August 25, 1997.

FOR FURTHER INFORMATION CONTACT: Guy Padgett, Casper Field Office

Director, Telephone: (307) 261-6550, Internet address:

[email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the North Dakota Program

On December 15, 1980, the Secretary of the Interior conditionally

approved the North Dakota program. General background information on

the North Dakota program, including the Secretary's findings, the

disposition of comments, and the conditions of approval of the North

Dakota program can be found in the December 15, 1980, Federal Register

(45 FR 82214). Subsequent actions concerning North Dakota's program and

program amendments can be found at 30 CFR 934.15, 934.16, and 934.30.

II. Proposed Amendment

By letter dated May 2, 1997, North Dakota submitted a proposed

amendment to its program (amendment No. XXIV, administrative record No.

ND-Y-01) pursuant to SMCRA (30 U.S.C. 1201 et seq.). North Dakota

submitted the proposed amendment at its own initiative. The provisions

of the North Dakota Century Code (NDCC) that North Dakota proposed to

delete were: NDCC 38-14.1-04.1, Reclamation Research Advisory

Committee; NDCC 38-14.1-04.2, advisory committee responsibilities; and

NDCC 38-14.1-04.3, reclamation research objectives.

OSM announced receipt of the proposed amendment in the June 5,

1997, Federal Register (62 FR 30800), provided an opportunity for a

public hearing or meeting on its substantive adequacy, and invited

public comment on its adequacy (administrative record No. ND-Y-06).

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

The public comment period ended on July 7, 1997.

III. Director's Findings

As discussed below, the Director, in accordance with SMCRA and 30

CFR 732.15 and 732.17, finds that the proposed program amendment

submitted by North Dakota on May 2, 1997, is not inconsistent with

SMCRA. Accordingly, the Director approves the proposed amendment.

NDCC 38-14.1-04.1, 2, and 3, Reclamation Research Advisory Committee;

Advisory Committee Responsibilities; Reclamation Research Objectives

These actions established the Reclamation Research Advisory

Committee, enumerated its responsibilities, and listed its objectives.

As stated in the narrative that accompanied this State Program

Amendment, the Committee was set up to review and inventory reclamation

research projects that have been conducted in North Dakota, and to

review and recommend proposed research projects that would be funded

and administrated by the Public Service Commission. Through the

Committee, the Public Service Commission has carried out the reviews

and inventories of reclamation research projects that have been carried

out in North Dakota. With the closing of the North Dakota State

University's Land Reclamation Research Center in Mandan and with very

few other active reclamation research projects in the state, there is

no longer a need for updating this inventory in the future. In

addition, except for a few abandoned mined land research projects that

were completed with Federal funds, no funds have been available to the

Commission for carrying out reclamation research and no funds are

anticipated for Commission funded reclamation research in the future.

Since there is no longer a need for the committee, the North Dakota

Legislative voted, and the Governor signed, legislation to repeal the

provisions establishing it. Since the provisions concerning the

Reclamation Research Advisory Committee have no counterpart in SMCRA,

repealing the provisions is not inconsistent with SMCRA.

IV. Summary and Disposition of Comments

Following are summaries of all written comments on the proposed

amendment that were received by OSM, and OSM's responses to them.

1. Public Comments

OSM invited public comments on the proposed amendment, but none

were received.

2. Federal Agency Comments

Pursuant to 30 CFR 732.17(h)(11)(i), OSM solicited comments on the

proposed amendment from various Federal agencies with an actual or

potential interest in the North Dakota program.

The U.S. Fish and Wildlife Service responded on June 25, 1997, that

it believed the proposed changes by North Dakota are logical and

reasonable (administrative record No. ND-Y-02).

The U.S. Army Corps of Engineers responded on June 24, 1997, that

it concurs with the elimination of the committee (administrative record

number ND-Y-04).

3. Environmental Protection Agency (EPA) Concurrence and Comments

Pursuant to 30 CFR 732.17(h)(11)(i), OSM solicited comments from

EPA (administrative record No. ND-Y-05). It responded June 26, 1997,

with a ``no comment'' letter (administrative record No. ND-Y-03).

4. State Historic Preservation Officer (SHPO) and the Advisory Council

on Historic Preservation (ACHP)

Pursuant to 30 CFR 732.17(h)(4), OSM solicited comments on the

proposed amendment from the SHPO and ACHP (administrative record No.

ND-Y-05). Neither SHPO nor ACHP responded to OSM's request.

V. Director's Decision

Based on the above finding, the Director approves North Dakota's

proposed amendment as submitted on May 2, 1997. The Director approves,

as discussed in the Director's Finding Section, deletion of NDCC 38-

14.1-04.1, Reclamation Research Advisory Committee; NDCC 38-14.1-04.2,

Advisory Committee Responsibilities; and NDCC 38-14.1-04.3, Reclamation

Research Objectives.

The Federal regulations at 30 CFR Part 934, codifying decisions

concerning the North Dakota program, are being

[[Page 44900]]

amended to implement this decision. This final rule is being made

effective immediately to expedite the State program amendment process

and to encourage States to bring their programs into conformity with

the Federal standards without undue delay. Consistency of State and

Federal standards is required by SMCRA.

VI. 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 State regulatory programs and

program amendments since each such program is drafted and promulgated

by a specific State, not by OSM. Under sections 503 and 505 of SMCRA

(30 U.S.C. 1253 and 1255) and the Federal regulations at 30 CFR 730.11,

732.15, and 732.17(h)(10), decisions on proposed State regulatory

programs and program amendments submitted by the States must be based

solely on a determination of whether the submittal is consistent with

SMCRA and its implementing Federal regulations and whether the other

requirements of 30 CFR Parts 730, 731, and 732 have been met.

3. National Environmental Policy Act

No environmental impact statement is required for this rule since

section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency

decisions on proposed States regulatory program provisions do not

constitute major Federal actions within the meaning of section

102(2)(C) of the National Environmental Policy Act (42 U.S.C.

4332(2)(C)).

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 State submittal that is the subject of this rule is based upon

counterpart 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

previously promulgated by OSM will be implemented by the State. In

making the determination as to whether this rule would have a

significant economic impact, the Department relied upon the data and

assumptions for the counterpart Federal regulations.

6. Unfunded Mandates

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

Intergovernmental relations, Surface mining.

Dated: August 5, 1997.

Richard J. Seibel,

Regional Director, Western Regional Coordinating Center.

For the reasons set out in the preamble, title 30, chapter VII,

subchapter T of the Code of Federal Regulations is amended as set forth

below:

PART 934--NORTH DAKOTA

1. The authority citation for part 934 continues to read as

follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 934.15 is amended in the table by adding a new entry in

chronological order by ``Date of Final Publication'' to read as

follows:

Sec. 934.15 Approval of North Dakota regulatory program amendments.

* * * * *

----------------------------------------------------------------------------------------------------------------

Original amendment submission date Date of final publication Citation/description

----------------------------------------------------------------------------------------------------------------

* * * * * *

*

May 2, 1997.............................. August 25, 1997......................... NDCC 38-14.1-04.1, .2, .3

----------------------------------------------------------------------------------------------------------------

[FR Doc. 97-22416 Filed 8-22-97; 8:45 am]

BILLING CODE 4310-05-M