Intent to Prepare an Environmental Impact Statement for the Revision of the Surface Management Regulations43 CFR 3809 for Operations Under the Mining Law of 1872, as Amended

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[WO-300-1990-00]

Intent to Prepare an Environmental Impact Statement for the

Revision of the Surface Management Regulations--43 CFR 3809 for

Operations Under the Mining Law of 1872, as Amended

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of intent and scoping.

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SUMMARY: The Bureau of Land Management (BLM) will prepare an

Environmental Impact Statement (EIS) for the proposed revision of its

regulations governing mining operations under the general mining laws.

BLM invites comments and suggestions on the scope of the rulemaking and

analysis. Specifically, BLM encourages the public to submit possible

alternate language for the current definition of ``unnecessary or undue

degradation'' and for current operational and reclamation requirements.

We also ask that those who want to receive additional information send

in a request to be placed on BLM's mailing list.

DATES: In order to be considered for preparation of the draft EIS,

scoping comments are most useful if received on or before June 3, 1997.

See the SUPPLEMENTARY INFORMATION section for the dates of scoping

meetings.

ADDRESSES: Mail or hand-deliver written comments and requests to be put

on the mailing list to Paul McNutt, 3809/EIS Team Leader, Bureau of

Land Management, Nevada State Office, 850 Harvard Way, Reno, NV 89502-

2055. See the SUPPLEMENTARY INFORMATION section for the electronic

access and filing address and for the locations of scoping meetings.

Comments will be available for public review at the Harvard Way address

from 7:45 a.m. to 4:15 p.m. Pacific time, Monday through Friday,

excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Paul McNutt, (702) 785-6604 or via e-

mail: [email protected]. An alternate contact is Scott Haight, (406)

538-7461 or via e-mail: [email protected]. Individuals who

use a telecommunications device for the deaf may call the Federal

Information Relay Service at 1-800-877-8339 between 8:00 a.m. and 8:00

p.m. Eastern time, Monday through Friday, excluding Federal holidays.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

II. Background and Description of Information Solicited

I. Public Comment Procedures

Your written comments should be specific; be confined to issues

outlined in this notice; explain the reason for any recommended change;

and where possible, reference the specific section or paragraph of the

current regulations which you are addressing. BLM appreciates any and

all comments, but those most useful and likely to influence decisions

on the content of the EIS are those that either are supported by

quantitative information or studies or include citations to and

analyses of the applicable laws and regulations. BLM is particularly

interested in receiving specific alternate language for existing

regulations. Except for comments provided in electronic format,

commenters should submit two copies of their written comments, where

practicable. Comments received after the time indicated under the DATES

section or at locations other than that listed in the ADDRESSES section

will not necessarily be considered or included in the administrative

record.

Electronic Access and Filing Address

Commenters may transmit comments electronically via the Internet

to: [email protected] Please submit comments as an ASCII file and

avoid the use of special characters or encryption. Please include your

name and address in your message. If you do not receive a confirmation

from the system that we have received your Internet message, contact

Mr. McNutt directly at (702) 785-6604.

[[Page 16178]]

Meetings

BLM will conduct scoping meetings on the following dates at the

specified locations:

May 13--Cavanaugh's Inn at the Park, 303 N. River Drive, Spokane, WA

May 13--Colorado Room, Holiday Inn, 14707 W. Colfax Ave., Golden, CO

May 15--Pioneer Room, Carleson Center, 2010 Second Ave., Fairbanks, AK

May 15--Park Suite, Best Western Executive Park Hotel, 1100 North

Central, Phoenix, AZ

May 20--Silver Legacy, 407 N. Virginia Street, Reno, NV

May 22--Pan American Room, Capitol Hilton, 16th and K Streets, NW,

Washington, DC

May 28--Colonial Inn, 2301 Colonial Way, Helena, MT

BLM will conduct separate afternoon and evening meetings at each

location, except for the Washington, DC location where we will hold

only an afternoon meeting beginning at 1:00 p.m. BLM will hold the

afternoon meetings from 1:30 p.m. to 3:30 p.m. local time and the

evening meetings from 7:00 p.m. to 9:00 p.m. local time at each

location. In Helena, the afternoon meeting will begin at 2:00 p.m.; in

Fairbanks, the afternoon meeting will begin at 3:00 p.m.

The meeting sites for the public scoping meeting are accessible to

individuals with disabilities. An individual with a disability who

needs an accommodation to participate in the meeting (e.g.,

interpreting service, assistive listening device, or materials in

alternative format) should notify the contact person listed in this

notice at least two weeks before the scheduled meeting date. Although

BLM will attempt to meet a request received after this date, the

requested accommodation may not be available.

II. Background and Discussion of Information Solicited

In a memorandum dated January 6, 1997, the Secretary of the

Interior directed BLM to revise and update its Surface Management

regulations (43 CFR part 3809) for operations under the Mining Law of

1872, as amended (30 U.S.C. 22 et seq.). This is a resumption of a

rules revision effort that commenced in 1991, but was suspended in 1993

without publication of proposed rules, pending Congressional action

that would have amended the Mining Law. Any regulatory changes would

have been superseded and possibly incompatible with such legislative

reform.

While the proposal to undertake comprehensive revisions to the

Surface Management regulations was on hold, BLM did move forward to

complete and implement specific Surface Management regulatory

revisions, including the following final rules: Use and Occupancy of

Mining Claims (July 16, 1996, 61 FR 37116), and Bonding (February 28,

1997, 62 FR 9093).

In the Secretary's direction to the BLM, he identified several

areas of concern with the existing regulations. These include:

Definition of ``unnecessary or undue degradation.'' BLM

contemplates revising the definition to more clearly require the use of

``best available technology and practices,'' local or State ``best

management practices,'' or other similar technology-based standards

appropriate in the conduct of hardrock mining.

Mining and reclamation performance standards. BLM currently does

not have detailed performance addressing such areas as revegetation,

contouring, and hydrology in the Surface Management regulations.

Notice level operations. For many hardrock mining operations that

disturb 5 acres or less, the existing Surface Management regulations do

not require advance approval of a plan of operations by BLM. Instead,

an operator must provide BLM a ``notice'' which completely describes

the operation and measures to protect the environment at least 15

calendar days before beginning activities on the site (43 CFR 3809.1-

3). The task force is expected to propose at least three alternative

ways of addressing this issue. One alternative would be to require all

those intending to conduct mining to submit a plan of operations and

receive BLM's approval before commencing operations (elimination of

notice-level operations). A second alternative would be to narrow the

scope of the notice provision; for example in areas of environmental

sensitivity an operator planning to disturb 5 acres or less would have

to submit a plan of operations and receive BLM's approval before

commencing operations. A third alternative would be to tighten up the

current notice provisions to better protect the environment, such as by

requiring more information from an operator, allowing BLM more time to

review a notice, and providing greater penalties for not meeting the

requirements of the notice provisions.

Coordination with State regulatory programs. To ensure that the

Federal Land Policy and Management Act's purpose of avoiding

unnecessary or undue degradation is achieved, BLM would adopt rules

that would minimize duplication and promote cooperation among

regulators.

Issues tentatively identified for analysis in the EIS include

impacts to:

Air and water resources;

Soils, vegetation, and topography;

Threatened and endangered species;

Cultural resources;

Fish and wildlife;

Exploration and mining activities; and

Local and regional economies.

Dated: March 31, 1997.

Bob Armstrong,

Assistant Secretary for Land and Minerals Management.

[FR Doc. 97-8601 Filed 4-3-97; 8:45 am]

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