# 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 > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A97-8601 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** April 4, 1997 - **Citation:** 62 FR 16177 ## Text 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. ----------------------------------------------------------------------- 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] BILLING CODE 4310-84-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-8601. Public record. Not legal advice.