Public Participation in Coal Leasing

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Parts 3400 and 3420

[WO-320-3420-24 1A]

RIN 1004-AD27

Public Participation in Coal Leasing

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed rule.

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SUMMARY: The Bureau of Land Management (BLM) is proposing this rule as

a result of a settlement agreement and the passage of a new law. In the

settlement agreement, BLM agreed to establish, by regulation, the

points where the public may participate in the regional coal leasing

process. This proposed rule would also amend the regulations to conform

to statutory changes made by the Unfunded Mandates Reform Act of 1995

which exempted several types of meetings from Federal Advisory

Committee Act requirements. BLM is proposing that Regional Coal Team

meetings are no longer subject to the Federal Advisory Committee Act

under the new law. The proposed changes do not substantially alter

current BLM policy on public participation in coal leasing, they simply

establish that policy by regulation.

DATES: You should submit your comments by May 10, 1999. BLM may not

consider comments postmarked or received by electronic mail after the

above date in the decision-making process on the final rule.

ADDRESSES: You may hand-deliver comments to Bureau of Land Management,

Administrative Record, Room 401, 1620 L St., N.W., Washington, D.C., or

mail comments to Bureau of Land Management, Administrative Record, Room

401LS, 1849 C St., N.W., Washington, D.C. 20240. You may also transmit

comments electronically to WOC[email protected]; in that case please

submit comments as an ASCII file to minimize computer problems, and

please include ``attn.:AD27.'' If you do not receive confirmation from

the system that we received your Internet message, contact us directly.

FOR FURTHER INFORMATION CONTACT: Philip Allard, Solid Minerals Group,

(202) 452-5195. For assistance in reaching the above contact,

individuals who use a telecommunications device for the deaf (TDD) 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, except

holidays.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

II. Background

III. Discussion of Proposed Rule

IV. Procedural Matters

I. Public Comment Procedures

How do I comment on the proposed rule?

Please submit your comments on the proposed rule in writing. Please

confine your comments to issues related to the proposed rule and

explain the need for any changes you recommend. Where possible, your

comment should refer to the specific section or paragraph of the

proposal you are addressing.

Will my comments be available to others?

Yes. BLM will make your comments, including your name and address,

available for public review at the ``L Street'' address listed in

ADDRESSES above during regular business hours (7:45 a.m. to 4:15 p.m.,

Monday through Friday, except Federal holidays). BLM will also post all

comments on its home page (http://www.blm.gov) at the end of the

comment period.

Can BLM keep my identity confidential?

Yes, under certain conditions BLM can keep your personal

information confidential. You must request confidentiality and

prominently state your request at the beginning of your comment. BLM

will consider withholding your name, street address, and other

identifying information on a case-by-case basis to the extent allowed

by law.

BLM will make publically available all submissions from

organizations and businesses and from individuals identifying

themselves as representatives or officials of organizations or

businesses.

II. Background

Why are we proposing to change the coal leasing regulations?

BLM is proposing this rule for two reasons: to respond to a

settlement agreement entered into in July 1997 and to respond to a new

law passed in March 1995.

What was the settlement agreement about?

The Department of the Interior's coal leasing regulations were

challenged in a lawsuit, Natural Resources Defense Council, Inc., et

al. v. Jamison, et al., Civil No. 82-2763 (D. D.C.). In December 1992,

the court decided that

[[Page 12143]]

the Department had not complied with section 202(f) of the Federal Land

Policy and Management Act, 43 U.S.C. 1712(f). The court held that

although BLM's competitive leasing handbook describes public

participation procedures, the Department should establish these

procedures by regulation. During appeal of this decision, the parties

negotiated to settle the case. In July 1997, the Department and the

plaintiffs entered into a settlement agreement. Civil No. 82-2763 (D.

C. Circuit No. 93-5029).

In the settlement, the Department agreed to propose a rule

identifying the points where the public may participate in coal leasing

decisions. Since BLM already provides this information in its

competitive leasing handbook, this proposed rule does not substantially

alter public participation opportunities in competitive leasing.

Specific points of public participation are discussed in the

``Discussion of Proposed Rule'' section below.

What is the new law about?

On March 22, 1995, Congress passed the Unfunded Mandates Reform

Act. Section 204(b) of this law (2 U.S.C. 1534) states that the

requirements under another law, the Federal Advisory Committee Act

(FACA), 5 U.S.C. Appendix 1, do not apply to intergovernmental

communications when:

The meetings are exclusively between Federal officials and

elected officers of State, local and tribal governments or their

representatives, and

The meetings are only to exchange views, information, or

advice relating to Federal programs that share intergovernmental

responsibilities.

The Solicitor's Office of the Department of the Interior determined

that these provisions exempt Regional Coal Teams (RCTs) from the

requirements of FACA. Because existing regulations at subpart 3400

incorporate FACA regulations at subpart 1784, the proposed rule amends

that reference and clarifies which portion of the FACA regulations

apply to RCTs.

How does BLM lease coal?

BLM primarily offers coal for lease competitively. There are two

types of competitive leasing, ``regional coal leasing'' and ``leasing-

on-application.''

What is regional coal leasing?

The Department of the Interior initiates the regional coal leasing

process. Based on consideration of the demand for Federal coal,

national energy needs, and other factors, BLM must determine whether to

offer Federal coal lands for lease and which coal to offer. Since

issues surrounding coal leasing can vary greatly from region to region,

Federal coal production regions assist BLM in this determination by

grouping together areas with similar issues.

What are Federal coal production regions?

BLM has divided coal deposits into broad blocks of Federally owned

coal called Federal coal production regions. There are six Federal coal

production regions, principally located in the western United States.

The Federal coal production regions are:

The Southern Appalachian Region, in northwestern Alabama,

The Fort Union Region of eastern Montana and western North

Dakota,

The Green River-Hams Fork Region of northwestern Colorado

and southern Wyoming,

The Powder River Region of northeastern Wyoming and

southeastern Montana,

The San Juan Region of northwestern New Mexico and

southwestern Colorado, and

The Uinta-Southwestern Utah Region of eastern Utah and

western Colorado.

What are regional coal teams?

RCTs are composed of BLM employees and State Governors or their

designees in the states where the coal tracts are located. The RCTs

recommend the leasing level, a target amount of coal that BLM may offer

for sale, and the lease sale schedule to the BLM Director. The BLM

Director makes recommendations to the Secretary of the Interior. The

Secretary makes the final decision on leasing levels and a lease sale

schedule, taking into account recommendations from:

The BLM Director,

The RCT,

The State Governors, and

Other interested and affected groups, including members of

the general public.

How do we conduct the regional coal leasing process?

First, BLM begins the process by creating a land use plan, in which

BLM-managed lands are reviewed to determine, among many factors, the

presence or absence of:

Coal,

Other resources that might preclude developing the coal,

Other uses for the land that might be preferable to coal

development, and

Any qualified surface owners who oppose or favor coal

development.

This review allows BLM to identify the land that is acceptable for

further consideration for coal leasing.

Second, the Secretary sets the leasing level for the region after

considering the land use plan, the amount of leasing interest in the

region, national energy needs, and other factors.

Third, BLM initiates ``regional coal activity planning,'' during

which BLM prepares environmental documents that analyze one or more

combinations of tracts that equal the leasing level and alternative

combinations of tracts.

Finally, the Secretary determines the lease sale schedule based on

the environmental analysis and public comments and comments from State

Governors, tribal governments, and other Federal agencies. The schedule

includes the number of tracts that will be offered for lease and the

timing of the lease sales.

What is leasing-on-application?

The leasing-on-application process is one which individuals or

companies initiate, unlike regional coal leasing which is government

initiated.

How do we conduct the leasing-on-application process?

Under this method of competitive leasing, an individual or company

takes the first step by applying for a particular coal deposit. Two

major differences from regional coal leasing are:

There is no need to establish a leasing level because the

amount of coal applied for provides a starting point for the amount of

coal to be analyzed; and

There is no leasing schedule because BLM usually offers

coal tracts based on at most one or two applications in leasing-on-

application lease sales.

The RCT located in the applicable coal production region may review

the applications and may make whatever recommendations it believes are

appropriate on the coal tracts. For a number of years, BLM has

competitively leased Federal coal exclusively through the leasing-on-

application process as it meets current demand for new coal leases.

III. Discussion of Proposed Rule

How would RCT meetings change under the proposed rule?

This proposed rule would not substantially change RCT meetings.

Section 204(b) of the Unfunded Mandates Reform Act identifies several

types of meetings exempt from FACA. FACA requires that committees that

advise the Secretary on particular issues follow certain procedures,

including

[[Page 12144]]

those involving public participation. Although RCT meetings are now

exempt from FACA requirements under the Unfunded Mandates Reform Act,

BLM will, nevertheless, continue to provide public participation

opportunities identified in FACA at RCT meetings when BLM determines

RCT involvement is appropriate.

This proposed rule would amend regulations at section 3400.4 by

replacing a subsection that incorporates all of the FACA regulations in

43 CFR 1784 with a subsection that references only the public

participation regulations in sections 1784.4-2, 1784.4-3 and the

operating procedures described in section 1784.5 of FACA. Accordingly,

when RCTs are involved, they will:

Open meetings to the public,

Provide a period during each meeting for public comments,

Keep minutes of the meeting, and

Publish notices of the meetings in the Federal Register,

at least 30 calendar days before the meetings take place.

RCTs will continue to consider any public comments received when

making recommendations to the Director, and the Director will forward

public comments to the Secretary.

How would the competitive leasing process change under the proposed

rule?

This proposed rule would not substantially alter the competitive

leasing process since BLM policy would not change. Although BLM

currently identifies public participation procedures in its competitive

leasing handbook, BLM is proposing these procedures in its regulations

to comply with the settlement agreement.

Subpart 3420 addresses competitive coal leasing. This proposed rule

would adopt eight amendments to subpart 3420, as follows:

BLM would add a cross reference to part 1600 where we

describe the specific points when BLM provides public participation

opportunities in our land-use planning process. These opportunities for

public participation occur:

(1) at the initial identification of issues,

(2) during review of proposed planning criteria,

(3) during publication of the draft resource management plan and

draft environmental impact statement,

(4) during publication of proposed resource management plans and

final environmental impact statements (an opportunity also provided for

protest), and

(5) when significant changes are made as a result of a protest.

BLM would include public comments as one of the factors

that the State Director would consider in recommending an initial

leasing level to the Secretary.

BLM would include public comments, as well as comments

from the State Governors, in the package the Secretary considers when

determining a regional leasing level. In addition to the package of

comments, BLM or other staff may also develop a summary that assists

the Secretary in reviewing the comments.

BLM would add public comments to the list of factors that

the Secretary considers in reaching a decision about regional coal

leasing levels.

BLM would add a list of the points during regional

activity planning when the public may participate. Regional activity

planning starts when the Secretary makes the leasing level decision and

ends when the Secretary determines the lease sale schedule.

BLM would change provisions on RCTS by:

(1) allowing the public to comment on all subfactors that the RCTs

used to rank coal tracts for possible leasing,

(2) requiring BLM to publish, at least 45 days before the meeting,

the notice of the RCT meeting at which tracts would be ranked,

(3) requiring BLM to give the public at least 60 days to comment on

the draft regional coal leasing environmental impact statement (EIS),

(4) requiring the RCTs to include all public comments received in

the final EIS,

(5) requiring the RCTs to consider public comments when revising

tract ranking and selection.

BLM would give the public 45 days prior notice of a RCT

meeting when the team will recommend specific tracts for coal lease

sale.

BLM would give the public notice of and an opportunity to

comment on any revisions to a lease sale schedule increasing the number

or frequency of sales or increasing the amount of coal to be offered.

How would the lease sales process change under the proposed rule?

The proposed rule would not substantially alter the lease sales

process since BLM already identifies public participation procedures in

its competitive leasing handbook.

Subpart 3422 describes the procedures that BLM follows once the

Secretary of the Interior determines what the lease sale schedule will

be. Presently, BLM requests public comments on the fair market value

and the maximum economic recovery for the tracts to be offered. The

proposed rule adds two new requirements to subpart 3422:

The regulations at section 3422.1(a) would require BLM to

publish our request for public comments on fair market value and

maximum economic recovery in the Federal Register and for two

consecutive weeks in a newspaper of general circulation in the area

where the proposed sale would be held.

A new requirement in section 3422.2(a) would have BLM send

the lease sale notice to any person or group requesting notices of

sales to be held in the area.

How would the leasing-on-application process change under the proposed

rule?

The proposed rule does not substantially change the leasing-on-

application process. BLM currently identifies public participation

procedures in its competitive leasing handbook and is proposing them

for its regulations in response to the settlement agreement.

Subpart 3425 describes the procedures that BLM uses to process

applications for coal lease sales. Presently, the lease-on-application

process is similar to the regional leasing process. We must screen the

tract during land-use planning. Screening the tract can involve

applying unsuitability criteria, identifying and consulting with any

qualified surface owners, and considering alternative land uses. In

addition, we must assess the environmental impacts of coal development

before the coal can be offered for lease sale. The proposed rule makes

two amendments to this subpart:

The proposed rule would amend the regulations at section

3425.1-9 requiring BLM to ask for and consider public comments on any

modification to the boundaries of a lease tract.

The proposed rule would amend the regulations at

Sec. 3425.3. The proposal would require BLM to publish a notice of

availability for a draft EIS in the Federal Register and in a general

circulation newspaper. We would also announce any hearings on the draft

EIS through similar publication.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

This proposed regulation is not a significant regulatory action and

is not subject to review by the Office of Management and Budget under

Executive Order 12866. We have

[[Page 12145]]

determined that this proposed regulation does not: have an annual

economic impact of $100 million or more; have an adverse impact in a

material way on the economy, environment, public health, safety, other

units of government, or sectors of the economy; pose a serious

inconsistency or interfere with an action taken or planned by another

agency; have novel legal or policy implications; or have material

effects on budgets or rights and obligations of recipients of

entitlements, fees, grants, or loans. Therefore, we do not have to

assess the potential costs and benefits of the rule under section

6(a)(3) of this order and no OMB review under the order is required.

Executive Order 12866 also requires each agency to write

regulations that are easy to understand. We invite your comments on how

to make this proposed rule easier to understand, including answers to

the following questions:

Are the requirements in the proposed rule clearly stated?

Does the proposed rule contain unclear technical language

or jargon?

Does the format of the proposed rule aid or reduce its

clarity?

Would the rule be easier to understand if it were divided

into more sections? and

Is the description of the proposed rule in the

``supplementary information'' section helpful in understanding the

proposed rule?

Send comments that concern how we could make this proposed rule

easier to understand to: Office of Regulatory Affairs, Department of

the Interior, Room 7229, 1849 C St., N.W., Washington, D. C. 20240. You

may also e-mail the comments to: E[email protected].

National Environmental Policy Act.

This proposed regulation is not a major Federal action

significantly affecting the quality of the human environment under

section 102(2)(C) of the National Environmental Policy Act of 1969

(NEPA), 42 U.S.C. 4332(2)(C). The proposed changes do not directly

affect the environment. Any coal tract considered for leasing will be

subject to further NEPA analysis on a case-by-case basis.

Regulatory Flexibility Act

This proposed regulation does not require a regulatory flexibility

analysis. Congress enacted the Regulatory Flexibility Act of 1980

(RFA), as amended, 5 U.S.C. 601-612, to ensure that Government

regulations do not unnecessarily or disproportionately burden small

entities. The RFA requires a regulatory flexibility analysis if a rule

has a significant economic impact, either detrimental or beneficial, on

a substantial number of small entities. This proposed regulation would

not have significant economic impacts on small entities under the RFA,

5 U.S.C. 601 et seq. Small entities would be neither adversely nor

beneficially affected by the proposals but would be given the

opportunity to participate in the coal leasing process by regulation,

rather than by internal agency guidance.

Small Business Regulatory Enforcement Fairness Act

These proposed regulations are not a ``major rule'' as defined by

the Small Business Regulatory Enforcement Fairness Act, 5 U.S.C.

804(2). The rule will not have a significant impact on the economy, or

on small businesses in particular. As discussed above, this rule

proposed rule would not substantially change BLM's existing policy.

Unfunded Mandates Reform Act

This proposed regulation does not impose an unfunded mandate on

State, local or tribal governments or the private sector of more than

$100 million per year. This proposed regulation does not have a

significant or unique effect on State, local, or tribal governments or

the private sector. Current BLM policy on public participation in the

coal leasing process is simply being put into regulatory form.

Therefore, we are not required to prepare a statement containing the

information required by the Unfunded Mandates Reform Act, 2 U.S.C. 1531

et seq.

Executive Order 12630, Takings

The proposed regulation does not represent a government action

capable of interfering with constitutionally protected property rights.

Therefore, we have determined that the regulation would not cause a

taking of private property. No further discussion of takings

implications is required under this Executive Order.

Executive Order 12612, Federalism

This proposed regulation will not have a substantial direct effect

on the States, on the relationship between the national government and

the States, or on the distribution of power and responsibilities among

the various levels of government. The Federal Coal Management Program

was designed to allow the maximum participation of affected States in

decisions about coal leasing and development through RCTs. RCTs make

recommendations to the Secretary on the level of coal analyzed for

possible sale and on the amount of coal offered. If the Secretary does

not accept their decisions, the Secretary must publicly state why. We

have determined that this proposed regulation does not have sufficient

Federalism implications to warrant preparation of a Federalism

assessment.

Executive Order 12988, Civil Justice Reform

The Office of the Solicitor has determined that this proposed

regulation will not unduly burden the judicial system and that it meets

the requirements of sections 3(a) and 3(b)(2) of Executive Order 12988.

Paperwork Reduction Act

This regulation does not require an information collection under

the Paperwork Reduction Act. The information collection is not covered

by an existing OMB approval. An OMB form 83-I has not been prepared and

has not been approved by the Office of Policy Analysis. This regulation

qualifies for exemption from OMB approval under exemption four of OMB

guidance.

The principal author of this proposed rule is Philip Allard, Solid

Minerals Group, assisted by Carole Smith and Janet Lin, Regulatory

Affairs Group.

List of Subjects

43 CFR Part 3400

Coal, Intergovernmental relations, Mines, Public lands--

classification, Public lands--mineral resources.

43 CFR Part 3420

Administrative practice and procedure, Coal, Environmental

protection, Intergovernmental relations, Mines, Public lands--mineral

resources.

Dated: February 12, 1999.

Sylvia V. Baca,

Acting Assistant Secretary, Land and Minerals Management.

For the reasons set forth in the preamble and under the authority

of the Mineral Leasing Act of February 25, 1920, as amended (30 U.S.C.

181 et seq.), the Mineral Leasing Act for Acquired Lands, as amended

(30 U.S.C. 351-9), the Federal Land Policy and Management Act of 1976

(43 U.S.C. 1740), and the Secretary's enforcement powers, BLM proposes

to amend parts 3400 and 3420 of Title 43 of the Code of Federal

Regulations as set forth below:

PART 3400--COAL MANAGEMENT: GENERAL

1. The authority citation for part 3400 continues to read as

follows:

[[Page 12146]]

Authority: 30 U.S.C. 189, 359, 1211, 1251, 1266, and 1273; 43

U.S.C. 1461, 1733, and 1740.

2. Amend Sec. 3400.4 by revising paragraph (g) to read:

Sec. 3400.4 Federal/state government cooperation.

* * * * *

(g) The regional coal team will function under the public

participation procedures at Secs. 1784.4-2 and 1784.4-3 and 1784.5 of

this chapter.

3. The authority citation for part 3420 continues to read as

follows:

Authority: The Mineral Leasing Act of 1920, as amended and

supplemented (30 U.S.C. 181 et seq.), the Mineral Leasing Act for

Acquired Lands of 1947, as amended (30 U.S.C. 351-359), the Multiple

Mineral Development Act of 1954 (30 U.S.C. 521-531 et seq.), the

Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201

et seq.), the Department of Energy Organization Act of 1977 (42

U.S.C. 7101 et seq.), the Federal Land Policy and Management Act of

1976 (43 U.S.C. 1701 et seq.), and the Small Business Act of 1953,

as mended (15 U.S.C. 631 et seq.).

PART 3420--COMPETITIVE LEASING

4. Amend Sec. 3420.1-4 by revising paragraph (a) to read:

Sec. 3420.1-4 General requirements for land use planning.

(a) The Secretary may not hold a lease sale under this part unless

the lands containing the coal deposits are included in a comprehensive

land use plan or land use analysis. The land use plan or land use

analysis will be conducted with public notice and opportunity for

participation at the points specified in Sec. 1610.2(f) of this title.

The sale must be compatible with, and subject to, any relevant

stipulations, guidelines and standards set out in that plan or

analysis.

* * * * *

5. Amend Sec. 3420.2 by removing the last sentence of paragraph

(a)(1), and adding in its place 2 sentences as set forth below,

revising the last sentence of paragraph (a)(4), removing ``and'' from

the end of paragraph (c)(8), redesignating current paragraph (c)(9) as

paragraph (c)(10), and adding a new paragraph (c)(9) to read:

Sec. 3420.2 Regional leasing levels.

(a)(1) * * * This range of initial leasing levels must be based on

information available to the State Director including: land use

planning data; the results of the call for coal resource information

held under Sec. 3420.1-2 of this subpart; the results of the call for

expressions of leasing interest held under Sec. 3420.3-2 of this

subpart; and other considerations. The State Director considers

comments received from the public in writing and at hearings, and input

and advice from the Governors of the affected States regarding

assumptions, data, and other factors pertinent to the region;

* * * * *

(a)(4) * * * The team also must transmit to the Secretary, without

change, all comments and recommendations of the Governor and the

public.

* * * * *

(c) * * *

(9) Comments received from the public in writing and at public

hearings; and

* * * * *

6. Amend Sec. 3420.3-1 by adding a new paragraph (d) to read:

Sec. 3420.3-1 Area identification process.

* * * * *

(d) Public notice and opportunity for participation in activity

planning must be appropriate to the area and the people involved. The

Bureau of Land Management will make available a calendar listing of the

points in the planning process at which the public may participate,

including:

(1) The regional coal team meeting to recommend initial leasing

levels (see Sec. 3420.2(a)(4));

(2) The regional coal team meeting for tract ranking (see

Sec. 3420.3-4(a));

(3) Publication of the regional coal lease sale environmental

impact statement (see Sec. 3420.3-4(c)); and

(4) The regional coal team meeting to recommend specific tracts for

a lease sale and a lease sale schedule (see Sec. 3420.3-4(g).

7. Amend Sec. 3420.3-4 by removing the third sentence in paragraph

(a)(1), and adding in its place 4 sentences as set forth below, adding

2 sentences after the first sentence in paragraph (a)(5), adding a new

sentence at the end of paragraph (d), revising paragraph (f), and

removing the first sentence in paragraph (g) and adding in its place 2

new sentences as set forth below:

Sec. 3420.3-4 Regional tract ranking, selection, environmental

analysis and scheduling.

(a)(1) * * * The subfactors the regional coal team will consider

under each category are those the regional coal team determines are

appropriate for that region. The regional coal team will make its

determination after publishing notice in the Federal Register that the

public has 30 days to comment on the subfactors. The regional coal team

will then consider any comments it receives in determining the

subfactors. BLM will publish the subfactors in the regional lease sale

environmental impact statement required by this section.* * *

* * * * *

(5) * * * BLM will publish the notice no later than 45 days before

the meeting. The notice will list potential topics for discussion.* * *

* * * * *

(d) * * * BLM will publish notice in the Federal Register of the

60-day comment period and the public hearing on the draft environmental

impact statement for two consecutive weeks in a newspaper of general

circulation in the area of the sale.

* * * * *

(f) When the comment period on the draft environmental impact

statement closes, the regional coal team will analyze the comments and

make any appropriate revisions in the tract ranking and selection. The

final regional lease sale environmental impact statement will reflect

such revisions and will include all comments received.

(g) When BLM completes and releases the final regional lease sale

environmental impact statement, the regional coal team will meet and

recommend specific tracts for lease sale and a lease sale schedule. The

regional coal team will provide notice in the Federal Register of the

date and location at least 45 days before its meeting.* * *

* * * * *

8. Amend Sec. 3420.5-2 by adding 2 sentences after the first

sentence in paragraph (a) to read:

Sec. 3420.5-2 Revision.

(a) * * * BLM will publish a notice in the Federal Register and

provide a 30 day comment period before it makes any revision increasing

the number or frequency of sales, or the amount of coal offered. BLM

will publish any revision in the Federal Register.* * *

* * * * *

9. Amend Sec. 3422.1 by adding a sentence after the first sentence

in paragraph (a) to read:

Sec. 3422.1 Fair market value and maximum economic recovery.

(a) * * * BLM will publish the solicitation in the Federal Register

and for two consecutive weeks, in a newspaper of general circulation in

the area of the sale. * * *

* * * * *

10. Amend Sec. 3422.2 by removing the third sentence in paragraph

(a) and adding in its place 2 sentences to read as follows:

[[Page 12147]]

Sec. 3422.2 Notice of sale and detailed statement.

(a) * * * BLM will post notice of the sale in BLM State Office

where the coal lands are managed. It will also mail notice to any

surface owner of lands noticed for sale and to any other person who has

requested notice of sales in the area. * * *

* * * * *

11. Amend Sec. 3425.1-9 by adding a sentence at the end of this

section to read:

Sec. 3425.1-9 Modification of application area.

* * * If an environmental assessment of the modification is

required, BLM will solicit and consider public comments on the modified

application.

12. Amend Sec. 3425.3(a) by adding two sentences at the end of

paragraph (a) to read:

Sec. 3425.3 Environmental analysis.

(a) * * * BLM will publish a notice in the Federal Register and for

two consecutive weeks in a newspaper of general circulation in the area

of the sale, announcing the availability of the environmental

assessment or draft environmental impact statement and the hearing

required by Sec. 3425.4(a)(1). BLM also will mail to the surface owner

of any lands to be offered for sale and to any person who has requested

notice of sales in the area.

* * * * *

[FR Doc. 99-5334 Filed 3-10-99; 8:45 am]

BILLING CODE 4310-84-P