34092 Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Rules and Regulations

obtaining the prior written consent of the

Office of Defense Trade Controls.

(b) The re-export or re-transfer of the

articles authorized for export (including to

specified re-export destinations) in

accordance with this section do not require

the separate prior written approval of the

Office of Defense Trade Controls provided all

of the requirements in paragraph (a) of this

section are met.

(c) The Office of Defense Trade Controls

will consider, on a case-by-case basis,

requests to include additional foreign

companies and satellite programs within the

geographic coverage of a license application

submitted pursuant to this section from

countries not otherwise covered, who are

members of the European Space Agency or

the European Union. In no case, however,

can the provisions of this section apply or be

relied upon by U.S. exporters in the case of

countries who are subject to the mandatory

requirements of section 1514 of the Strom

Thurmond National Defense Authorization

Act for Fiscal Year 1999, concerning national

security controls on satellite export licensing.

(d) Registered U.S. exporters may request

at the time of a license application submitted

pursuant to this section that additional

foreign persons or communications satellite

programs be added to the lists referred to in

paragraph (a)(2) of this section, which

additions, if approved, will be included

within the publicly available lists of

authorized recipients and programs.

Dated: May 16, 2000.

Eric D. Newsom,

Assistant Secretary, Bureau of PoliticalMilitary Affairs, U.S. Department of State.

[FR Doc. 00–13329 Filed 5–25–00; 8:45 am]

BILLING CODE 4710–25–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 914

[SPATS No. IN–147–FOR]

Indiana Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement, Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: The Office of Surface Mining

Reclamation and Enforcement (OSM) is

approving an amendment to the Indiana

regulatory program (Indiana program)

under the Surface Mining Control and

Reclamation Act of 1977 (SMCRA).

Indiana proposed revisions to its

statutes that would allow the use of

money from its post-1977 abandoned

mine reclamation fund, under specified

circumstances, to replace domestic

water supplies disrupted or affected by

surface coal mining and reclamation

operations. Indiana intends to revise its

program in order to provide additional

protection to society and the

environment from the adverse effects of

surface coal mining operations.

EFFECTIVE DATE: May 26, 2000.

FOR FURTHER INFORMATION CONTACT:

Andrew R. Gilmore, Director,

Indianapolis Field Office, Office of

Surface Mining, Minton-Capehart

Federal Building, 575 North

Pennsylvania Street, Room 301,

Indianapolis, Indiana 46204–1521.

Telephone (317) 226–6700. Internet:

INFOMAIL@indgw.osmre.gov.

SUPPLEMENTARY INFORMATION:

I. Background on the Indiana Program

II. Submission of the Amendment

III. Director’s Findings

IV. Summary and Disposition of Comments

V. Director’s Decision

VI. Procedural Determinations

I. Background on the Indiana Program

On July 29, 1982, the Secretary of the

Interior conditionally approved the

Indiana program. You can find

background information on the Indiana

program, including the Secretary’s

findings, the disposition of comments,

and the conditions of approval in the

July 26, 1982 Federal Register (47 FR

32107). You can find later actions on the

Indiana program at 30 CFR 914.10,

914.15, 914.16, and 914.17.

II. Submission of the Amendment

By letter dated February 25, 2000

(Administrative Record No. IND–1686),

the Indiana Department of Natural

Resources (department) sent us an

amendment to its program under

SMCRA and the Federal regulations at

30 CFR 732.17(b). The department sent

the amendment at its own initiative.

The amendment concerns revisions to

the Indiana Surface Coal Mining and

Reclamation Act at Indiana Code (IC)

14–34–6–15. The revisions made to IC

14–34–6–15 will allow the department

to use money from its post-1977

abandoned mine reclamation fund to

replace domestic water supplies

disrupted or affected by surface coal

mining and reclamation operations.

We announced receipt of the

amendment in the March 9, 2000,

Federal Register (65 FR 12492). In the

same document, we opened the public

comment period and provided an

opportunity for a public hearing or

meeting on the adequacy of the

amendment. The public comment

period closed on April 10, 2000.

Because no one requested a public

hearing or meeting, we did not hold

one.

III. Director’s Findings

Following, under SMCRA and the

Federal regulations at 30 CFR 732.15

and 732.17, are our findings concerning

the amendment.

IC 14–34–6–15 Abandoned Mine

Reclamation Fund

Indiana revised IC 14–34–6–15(b) and

(c) to read as follows:

(b) The post-1977 abandoned mine

reclamation fund is established. The fund

consists of bond forfeiture money collected

under section 16 of this chapter and the civil

penalties described in IC 14–34–16–9. The

fund may be used as follows:

(1) To effect the restoration of land not

otherwise eligible for federal funding on

which there has been surface mining activity

after August 3, 1977.

(2) To replace domestic water supplies

disrupted or affected by a surface coal mining

and reclamation operation, including the

disposal of coal combustion waste (as

defined in IC 13–19–3–3), where the surface

coal mining and reclamation operation has

been completed and is no longer subject to

IC 14–34.

The money held for this purpose may not

exceed an amount established by the

department that is sufficient to enable the

director to cover the anticipated cost of

restoration.

(c) At least five hundred thousand dollars

($500,000) in the fund is dedicated as

collateral for the bond pool under IC 14–34–

8 and may not be used for the restoration of

land or replacement of water described in

subsection (b).

Indiana’s post-1977 abandoned mine

reclamation fund (fund) consists of both

bond forfeiture and civil penalty

monies. However, only the monies

collected for civil penalties may be used

for the purposes specified in IC 14–34–

6–15(b). Under IC 14–34–6–16(f), the

bond forfeiture monies are to be used

solely for the purpose of reclaiming the

forfeiture sites to which the bonds

apply. Under IC 14–34–6–16(d), any

excess forfeited bond money must be

returned to the person from whom the

amount was received. Under IC 14–34–

6–15(b)(1), the civil penalty money in

the fund may be used to restore land

affected by surface mining activity after

August 3, 1977, if the land is not eligible

for Federal funding. Under the new

provision at IC 14–34–6–15(b)(2), the

civil penalty money in the fund may be

used to replace domestic water supplies

disrupted or affected by a surface coal

mining and reclamation operation, if the

operation is completed and is no longer

subject to the requirements of the

Indiana program under IC 14–34.

Indiana revised its exception provision

at IC 14–34–6–15(c) to clarify that the

$500,000 that is dedicated as collateral

for the Indiana bond pool may not be

Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Rules and Regulations 34093

used for replacement of water. The

Federal regulation at 30 CFR 845.21(a)

authorizes the expenditure of money

collected from the assessment of civil

penalties under section 518 of SMCRA

for reclamation of lands adversely

affected by coal mining practices after

August 3, 1977. The Federal regulation

is silent regarding the use of Federal

civil penalty money to replace domestic

water supplies. However, section 518(i)

of SMCRA does not place conditions on

the use of money collected by the States

from the assessment of civil penalties.

Nor is there a requirement in SMCRA or

the Federal regulations that State

programs include rules comparable to

30 CFR 845.21. Therefore, we find that

Indiana’s revised statutory requirements

at IC 14–34–6–15(b) and (c) are not

inconsistent with the requirements of

section 518(i) of SMCRA or the Federal

regulations at 30 CFR 845.21. We are

approving the proposed revisions to IC

14–34–6–15.

IV. Summary and Disposition of

Comments

Federal Agency Comments

On March 2, 2000, under section

503(b) of SMCRA and 30 CFR

732.17(h)(11)(i) of the Federal

regulations, we requested comments on

the amendment from various Federal

agencies with an actual or potential

interest in the Indiana program

(Administrative Record No. IND–1688).

We did not receive any comments.

Environmental Protection Agency (EPA)

Under 30 CFR 732.17(h)(11)(ii), we

are required to obtain the written

concurrence of the EPA for those

provisions of the program amendment

that relate to air or water quality

standards issued under the authority of

the Clean Water Act (33 U.S.C. 1251 et

seq.) or the Clean Air Act (42 U.S.C.

7401 et seq.). None of the revisions that

Indiana proposed to make in this

amendment pertain to air or water

quality standards. Therefore, we did not

ask the EPA for its concurrence.

On March 2, 2000, under 30 CFR

732.17(h)(11)(i), we requested

comments on the amendment from the

EPA (Administrative Record No. IND–

1688). The EPA did not respond to our

request.

State Historical Preservation Officer

(SHPO) and the Advisory Council on

Historic Preservation (ACHP)

Under 30 CFR 732.17(h)(4), we are

required to request comments from the

SHPO and ACHP for amendments that

may have an effect on historic

properties. On March 2, 2000, we

requested comments on Indiana’s

amendment (Administrative Record No.

IND–1688), but neither responded to our

request.

Public Comments

OSM requested public comments on

the proposed amendment, but did not

receive any.

V. Director’s Decision

Based on the above findings, we

approve the amendment as sent to us by

Indiana on February 25, 2000.

To implement this decision, we are

amending the Federal regulations at 30

CFR Part 914, which codify decisions

concerning the Indiana program. We are

making this final rule effective

immediately to expedite the State

program amendment process and to

encourage Indiana to bring its program

into conformity with the Federal

standards. SMCRA requires consistency

of State and Federal standards.

VI. Procedural Determinations

Executive Order 12866—Regulatory

Planning and Review

This rule is exempted from review by

the Office of Management and Budget

under Executive Order 12866.

Executive Order 12630—Takings

This rule does not have takings

implications. This determination is

based on the analysis performed for the

counterpart Federal regulations.

Executive Order 13132—Federalism

This rule does not have federalism

implications. SMCRA delineates the

roles of the Federal and State

governments with regard to the

regulation of surface coal mining and

reclamation operations. One of the

purposes of SMCRA is to ‘‘establish a

nationwide program to protect society

and the environment from the adverse

effects of surface coal mining

operations.’’ Section 503(a)(1) of

SMCRA requires that State laws

regulating surface coal mining and

reclamation operations be ‘‘in

accordance with’’ the requirements of

SMCRA, and section 503(a)(7) requires

that State programs contain rules and

regulations ‘‘consistent with’’

regulations issued by the Secretary

under SMCRA.

Executive Order 12988—Civil Justice

Reform

The Department of the Interior has

conducted the reviews required by

section 3 of Executive Order 12988 and

has determined that, to the extent

allowed by law, 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

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.

National Environmental Policy Act

Section 702(d) of SMCRA (30 U.S.C.

1292(d)) provides that a decision on a

proposed State regulatory program

provision does not constitute a major

Federal action within the meaning of

section 102(2)(C) of the National

Environmental Policy Act (NEPA) (42

U.S.C. 4332(2)(C)). A determination has

been made that such decisions are

categorically excluded from the NEPA

process (516 DM 8.4.A).

Paperwork Reduction Act

This rule does not contain

information collection requirements that

require approval by the Office of

Management and Budget under the

Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

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

which 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.

Small Business Regulatory Enforcement

Fairness Act

This rule is not a major rule under 5

U.S.C. 804(2), the Small Business

34094 Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Rules and Regulations

Regulatory Enforcement Fairness Act.

This rule:

a. Does not have an annual effect on

the economy of $100 million. b. Will not cause a major increase in

costs or prices for consumers,

individual industries, federal, state, or

local government agencies, or

geographic regions. c. Does not have significant adverse

effects on competition, employment,

investment, productivity, innovation, or

the ability of U.S. based enterprises to

compete with foreign-based enterprises. This determination is based upon the

fact that the State submittal which is the

subject of this rule is based upon

counterpart Federal regulations for

which an analysis was prepared and a

determination made that the Federal

regulation was not considered a major

rule.

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 914

Intergovernmental relations, Surface

mining, Underground mining.

Dated: May 12, 2000.

Charles E. Sandberg,

Acting Regional Director, Mid-Continent

Regional Coordinating Center.

For the reasons set out in the

preamble, 30 CFR Part 914 is amended

as set forth below:

PART 914—INDIANA

1. The authority citation for Part 914

continues to read as follows:

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

2. Section 914.15 is amended in the

table by adding a new entry in

chronological order by ‘‘Date of final

publication’’ to read as follows:

§ 914.15 Approval of Indiana regulatory

program amendments.

* * * * *

Original amendment submission date Date of final publication Citation/description

*******

February 25, 2000 ............................................ May 26, 2000 .................................................... IC 14–34–6–15(b) and (c).

[FR Doc. 00–13246 Filed 5–25–00; 8:45 am]

BILLING CODE 4310–05–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 936

[SPATS No. OK–027–FOR]

Oklahoma Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: OSM is approving an

amendment to the Oklahoma regulatory

program (Oklahoma program) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA).

Oklahoma proposed revisions and

additions to its regulations concerning

restrictions on the financial interests of

State employees. Specifically, the

amendment concerns the authority of

the Director of the Department of Mines,

where to file statements of financial

interests, what to report on such

statements, and resolving prohibited

interests. Oklahoma intends to clarify

the responsibilities of the Director of the

Oklahoma Department of Mines,

advisory board members, commissions,

and employees regarding restriction on

the financial interests of State

employees.

EFFECTIVE DATE: May 26, 2000.

FOR FURTHER INFORMATION CONTACT:

Michael C. Wolfrom, Director, Tulsa

Field Office, Office of Surface Mining,

5100 East Skelly Drive, Suite 470, Tulsa,

Oklahoma 74135–6548. Telephone:

(918) 581–6430. Internet:

mwolfrom@tokgw.osmre.gov.

SUPPLEMENTARY INFORMATION:

I. Background on the Oklahoma Program

II. Submission of the Amendment

III. Director’s Findings

IV. Summary and Disposition of Comments

V. Director’s Decision

VI. Procedural Determinations

I. Background on the Oklahoma

Program

On January 19, 1981, the Secretary of

the Interior conditionally approved the

Oklahoma program. You can find

background information on the

Oklahoma program, including the

Secretary’s findings, the disposition of

comments, and the conditions of

approval in the January 19, 1981,

Federal Register (46 FR 4902). You can

find later actions concerning the

Oklahoma program at 30 CFR 936.15

and 936.16.

II. Submission of the Proposed

Amendment

By letter dated January 13, 2000

(Administrative Record No. OK–985.01),

Oklahoma sent us an amendment to its

approved regulatory program under the

Federal regulations at 732.17(b).

Oklahoma sent the amendment in

response to our letter dated December 6,

1999 (Administrative Record No. OK–

985), that we sent to Oklahoma

concerning regulation changes in its

program that we did not approve.

Oklahoma proposed to amend the

Oklahoma Administrative Code (OAC).

We announced receipt of the

amendment in the March 31, 2000,

Federal Register (65 FR 17213). In the

same document, we opened the public

comment period and provided an

opportunity for a public hearing or

meeting on the adequacy of the

amendment. The public comment

period closed on May 1, 2000. Because

no one requested a public hearing or

meeting, we did not hold one.

III. Director’s Findings

Following, under SMCRA and the

Federal regulations at 30 CFR 732.15

and 732.17, are our findings concerning

the amendment to the Oklahoma

permanent regulatory program.

Any revisions that we do not discuss

below are about misspelled words,

minor wording changes, or revised

cross-references and paragraph

notations to reflect organizational

changes resulting from this amendment.

A. OAC 460:20–5–3. Authority

Oklahoma proposed to add a new

paragraph (4) to read as follows:

File all statements and supplements

received pursuant to 45 O.S. Supp. 1980,

Section 765, from members of advisory

boards and the Oklahoma Mining

Commission with the Oklahoma Governor’s

Office, Director of Appointments.

This paragraph authorizes the

Director of the Oklahoma Department of