Federal Register / Vol. 62, No. 20 / Thursday, January 30, 1997 / Proposed Rules 4499

Act (85 Stat. 688) and recognized by the

federal government as eligible for

services from the Bureau of Indian

Affairs.

We, us, or our mean the Secretary of

the Interior or the official in the Bureau

of Indian Affairs to whom the Secretary

has delegated authority.

§ 286.2 What is the purpose of these

regulations?

This part prescribes regulations and

procedures pertaining to the Indian

Business Development Program which

has provided grants to further economic

development on Indian reservations. It

gives requirements you must follow on

reporting the status of grants and

complying with grant conditions. It also

establishes the circumstances under

which you must return grant funds.

§ 286.3 Information collection.

(a) The Office of Management and

Budget has approved our collection of

information under 44 U.S.C. 3501 et seq.

under clearance number 1076–0093.

The collection of information helps the

BIA to provide assistance to failing

businesses funded with grants and to

compile reports on the program’s

effectiveness.

(b) We estimate the public reporting

for this information to average 1 hour

per response, including the time for

reviewing instructions, searching

existing data sources, gathering and

maintaining the data needed, and

completing and reviewing the collection

of information. These may be copies of

financial statements required by and

furnished to the lender which provided

the loan portion of the total financing

required. Send comments regarding this

burden estimate or any other aspect of

this collection of information, including

suggestions for reducing the burden, to

the Director of Management and

Administration, Bureau of Indian

Affairs, 1849 C Street, NW.,

Washington, DC 20240 and the Office of

Management and Budget, Paperwork

Reduction Project (1076–0093),

Washington, DC 20503.

§ 286.4 What are the grant limitations and

requirements that apply?

An Indian tribe cannot receive over

$250,000 in grants from this program.

The total of grants to an individual or

any other non-tribal business entity

cannot exceed $100,000. Grantees must

have obtained at least 75 percent of the

necessary financing from sources other

than the direct and guaranteed loan

programs.

§ 286.5 Do I need to return unused funds?

(a) You must return all or a portion of

the funds in the following

circumstances:

You Must Return the Entire Grant if,

Within 3 Years of the Grant

You sell the business which received

the grant and did not reinvest the

proceeds, with our approval, in a new

business which contributes to the

reservation economy.

You move the business off the

reservation and it no longer

contributes to the reservation

economy.

Indian ownership and/or active

management falls below 51 percent.

If a cooperative association, profits are

not allocated for later distribution to

members.

(b) When do I need to return unused

funds? We require you to return unused

grant funds if you do not initiate the

economic enterprise within the time

stated in your grant agreement. Grant

funds owed will be deemed debt owed

to the United States. The following table

indicates circumstances in which you

must return funds.

You Must Return Unused Funds if You

Did Not Initiate Your Grant Through

These Types of Actions

You have not obtained a lease if you

needed to do this for your enterprise.

You have not started construction, if

that was necessary.

You have not purchased equipment or

other materials needed for the

enterprise.

You have not performed other actions

which were necessary to initiate the

enterprise.

(c) Can I obtain an extension of time

to allow me to start my enterprise? If we

determine that circumstances exist

beyond your control we may extend the

time we allow you to initiate the

enterprise. No program may be initiated

and no funding may be disbursed after

September 30, 1997.

(d) What additional information do I

need to provide for an extension? You

must provide assurance that you will

initiate the enterprise within the

extended time period. We will write to

the lender regarding any actions which

we propose requiring you to return grant

funds or of any proposal to extend the

time.

§ 286.6 What reports must I submit?

(a) After receiving a grant, you must

furnish us the following information:

You must

submit

Semiannually

during

And annually

during

comparative

balance

sheets.

the first two

years of

operation.

years three

through

five of operation.

profit and loss

statements.

the first two

years of

operation.

years three

through

five of operation.

(b) You may use copies of financial

statements which you furnish to the

lender who provides partial financing.

(c) If you fail to provide the necessary

reports, we will require repayment of

grant funds. Grant funds owed will be

deemed debt owed to the United States.

Dated: January 10, 1997.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 97–2316 Filed 1–29–97; 8:45 am]

BILLING CODE 4310–22–P

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 904

[SPATS No. AR–027–FOR]

Arkansas Regulatory Program and

Abandoned Mine Land Reclamation

Plan

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; reopening and

extension of public comment period on

proposed amendment.

SUMMARY: OSM is announcing receipt of

revisions pertaining to a previously

proposed amendment to the Arkansas

regulatory program and abandoned

mine land reclamation plan (hereinafter

referred to as the ‘‘Arkansas program’’)

under the Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

revisions for Arkansas’ proposed

amendment pertain to the definition for

‘‘unanticipated event or condition’’;

procedures for challenging ownership

and control links shown in AVS; and

applicant liability under the Small

Operator Assistance Program. Arkansas

also proposed to correct typographical

errors and a number of incorrect

reference citations. The amendment is

intended to incorporate the additional

flexibility afforded by the revised

Federal regulations and to enhance the

enforcement of the State program.

DATES: Written comments must be

received by 4:00 p.m., c.s.t., February

14, 1997.
4500 Federal Register / Vol. 62, No. 20 / Thursday, January 30, 1997 / Proposed Rules

ADDRESSES: Written comments should

be mailed or hand delivered to A.

Dwight Thomas, Acting Director, Tulsa

Field Office at the address listed below.

Copies of the Arkansas program, the

proposed amendment, and all written

comments received in response to this

document will be available for public

review at the addresses listed below

during normal business hours, Monday

through Friday, excluding holidays.

Each requester may receive one free

copy of the proposed amendment by

contacting OSM’s Tulsa Field Office.

A. Dwight Thomas, Acting Director,

Tulsa Field Office, Office of Surface

Mining Reclamation and

Enforcement, 5100 East Skelly Drive,

Suite 470, Tulsa, Oklahoma 74135–

6547, Telephone: (918) 581–6430.

Arkansas Department of Pollution

Control and Ecology, Surface Mining

and Reclamation Division, 8001

National Drive, Little Rock, Arkansas

72219–8913, Telephone (501) 682–

0744.

FOR FURTHER INFORMATION CONTACT:

A. Dwight Thomas, Acting Director,

Tulsa Field Office, Telephone: (918)

581–6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Arkansas Program

II. Discussion of the Proposed Amendment

III. Public Comment Procedures

IV. Procedural Determinations

I. Background on the Arkansas

Program

On November 21, 1980, the Secretary

of the Interior conditionally approved

the Arkansas program. Background

information on the Arkansas program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval can be found in

the November 21, 1980, Federal

Register (45 FR 77003). Arkansas

amended its program by submitting

provisions that satisfied all of the

conditions of the Secretary’s approval of

November 21, 1980. Effective January

22, 1982, OSM removed the conditions

of the approval of the Arkansas

permanent regulatory program.

Information on the removal of the

conditions can be found in the January

22, 1982, Federal Register (47 FR 3108).

Subsequent actions concerning the

conditions of approval and program

amendments can be found at 30 CFR

904.12, 904.15, and 904.16.

II. Discussion of the Proposed

Amendment

By letter dated April 2, 1996

(Administrative Record No. AR–557),

Arkansas submitted a proposed

amendment to its program pursuant to

SMCRA. Arkansas submitted the

proposed amendment at its own

initiative. The provisions of the

Arkansas Surface Coal Mining and

Reclamation Code (ASCMRC) that

Arkansas proposes to amend are:

ASCMRC Section 700.10(b),

Termination of Jurisdiction; ASCMRC

Section 701.5, Definitions for ‘‘drinking,

domestic or residential water supply,’’

‘‘land eligible for remining,’’ ‘‘material

damage,’’ ‘‘non-commercial building,’’

‘‘occupied residential dwelling and

structures related thereto,’’ ‘‘previously

mined area,’’ ‘‘replacement of water

supply,’’ and ‘‘unanticipated event or

condition’’; ASCMRC Section 761.12(h),

Procedures; ASCMRC Section 771.25(b),

Permit Fees; ASCMRC Section

778.14(c), Compliance Information;

ASCMRC Section 778.18, Personal

Injury and Property Insurance

Information; ASCMRC Section

779.19(b), Vegetation Information;

ASCMRC Section 779.22, Land Use

Information; ASCMRC Section

779.25(k), Cross-sections, Maps, and

Plans; ASCMRC Section 780.21 and

784.14, Hydrologic Information;

ASCMRC Section 780.23 and 784.15,

Land Use Information; ASCMRC Section

780.25 and 784.16, Ponds,

Impoundments, Banks, Dams and

Embankments; ASCMRC Section

783.22, Land Use Information; ASCMRC

Section 784.20, Subsidence Control;

ASCMRC Section 784.25(a), Return of

Coal Processing Waste to Abandoned

Underground Workings; ASCMRC

Section 785.25, Lands Eligible for

Remining; ASCMRC Section 786.5(b),

Definitions for ‘‘applicant/violator

system or AVS,’’ ‘‘federal violation

notice,’’ ‘‘ownership or control link,’’

‘‘state violation notice,’’ and ‘‘violation

notice’’; ASCMRC Section 786.11(c)(2),

Public Notices of Filing of Permit

Applications; ASCMRC Section

786.17(c), Review of Violations;

ASCMRC Section 786.19(g)–(r), Criteria

for Permit Approval or Denial; ASCMRC

Section 786.30, Improvidently Issued

Permits: General Procedures; ASCMRC

Section 786.31, Improvidently Issued

Permits: Rescission Procedures;

ASCMRC Section 786.32, Verification of

Ownership or Control Application

Information; ASCMRC Section 786.33,

Review of Ownership or Control

Violation Information; ASCMRC Section

786.34, Procedures for Challenging

Ownership or Control Links Shown in

AVS; ASCMRC Section 786.35,

Standards for Challenging Ownership or

Control Links and the Status of

Violations; ASCMRC Section

788.14(a)(3), Permit Renewals:

Completed Applications; ASCMRC

Section 795.12, Program Services;

ASCMRC Section 795.13(a)(2),

Eligibility for Assistance; ASCMRC

Section 795.16, Data Requirements;

ASCMRC Section 795.17, Qualified

Laboratories; ASCMRC Section 795.19,

Applicant Liability; ASCMRC Part 800,

General Requirements for Bonding of

Surface Coal Mining and Reclamation

Operations Under the State Program;

ASCMRC Section 816.41, Hydrologic

Balance Protection; ASCMRC Section

816.46, Hydrologic Balance: Siltation

Structures; ASCMRC Section 816.49,

Impoundments; ASCMRC Section

816.81, Coal Mine Waste: General

Requirements; ASCMRC Section 816.82,

Coal Processing Waste Banks: Site

Inspection; ASCMRC Section 816.85,

Coal Processing Waste Banks:

Construction Requirements; ASCMRC

Section 816.86, Coal Processing Waste:

Burning; ASCMRC Section 816.88, Coal

Processing Waste: Return to

Underground Workings; ASCMRC

Section 816.89, Disposal of Noncoal

Mine Wastes; ASCMRC Section 816.91–

93, Coal Processing Waste: Dams and

Embankments; ASCMRC Section

816.112, Revegetation: Use of

Introduced Species; ASCMRC Section

816.116, Revegetation: Standards for

Success; ASCMRC Section 816.121–U,

Subsidence Control: General

Requirements; ASCMRC Section

816.122–U, Subsidence Control: Public

Notice; ASCMRC Section 816.124–U,

Subsidence Control: Surface Owner

Protection; ASCMRC Section 816.126–

U, Subsidence Control: Buffer Zones;

ASCMRC Section 827.12, Coal

Processing Plants: Performance

Standards; ASCMRC Section 842.11,

Inspections; ASCMRC Section 842.14,

Review of Adequacy and Completeness

of Inspections; ASCMRC Section 874.5,

Definition for ‘‘left or abandoned in

either an unreclaimed or inadequately

reclaimed condition’’; and ASCMRC

Section 874.12, Eligible Lands and

Water.

OSM announced receipt of the

proposed amendment in the May 3,

1996, Federal Register (61 FR 19881)

and invited public comment on its

adequacy. The public comment period

ended June 3, 1996.

During its review of the amendment,

OSM identified concerns relating to

ASCMRC 701.5, Definition for

‘‘unanticipated event or condition’’;

ASCMRC 786.34, Procedures for

Challenging Ownership or Control Links

Shown in AVS; ASCMRC 816.49,

Impoundments; ASCMRC 795.19,

Applicant Liability under the Small

Operator Assistance Program;

typographical errors; and a number of

incorrect reference citations. OSM

notified Arkansas of the concerns by E-
Federal Register / Vol. 62, No. 20 / Thursday, January 30, 1997 / Proposed Rules 4501

mail dated October 22, 1996

(Administrative Record No. AR–557.07).

Arkansas responded in a letter dated

December 9, 1996 (Administrative

Record No. AR–557.06), and a facsimile

(fax) dated January 7, 1997

(Administrative Record No. AR–557.08),

by submitting a revised agreement.

Specifically, Arkansas proposes the

following:

A. Subchapter A—General

1. ASCMRC Section 701.5

Definitions

Arkansas proposes to correct a

reference citation for the definition of

‘‘unanticipated event or condition.’’

B. Subchapter G—Surface Coal Mining

and Reclamation Operations

Permits and Coal Exploration

Procedures Systems

1. ASCMRC Section 786.33 Review of

Ownership and Control Violation

Information

Arkansas proposes to correct a

reference citation in paragraph (a).

2. ASCMRC Section 786.34

Procedures for Challenging

Ownership and Control Links

Shown in AVS

Arkansas proposes to correct

reference citations in paragraphs (a)(1)

and (a)(3), and to revise paragraphs (b)

through (d) regarding procedures an

applicant or other person must follow in

order to challenge the status of a State

violation.

C. Subchapter H—Small Operator

Assistance

1. ASCMRC Section 795.19

Applicant Liability

Arkansas proposes to amend

paragraph (a) by deleting the term

‘‘laboratory’’ thereby making applicants

liable for all services allowed under the

Small Operator Assistance Program and

not just those relating to laboratory

service.

D. Subchapter K—State Program

Performance Standards

1. ASCMRC Section 816.49

Impoundments

Arkansas proposes to amend this

section by redesignating existing

paragraphs (a)(1) through (a)(8) as

paragraphs (a)(2) through (a)(9),

respectively, and by redesignating

existing paragraphs (a)(9) through

(a)(11) as paragraphs (a)(11) through

(a)(13), respectively; by adding new

paragraphs (a)(1) and (a)(10); by revising

newly redesignated paragraphs (a)(2),

(a)(4), (a)(5), (a)(6)(i), (a)(9), and (a)(12);

and by inserting references to the SCS

criteria for dam classification.

E. Subchapter R—Abandoned Mine

Land Reclamation

1. ASCMRC Section 874.12 Eligible

Lands and Water

Arkansas proposes to delete the

incorrect reference citations in

paragraphs (a)(5) and (a)(8) and replace

them with appropriate reference

citations.

III. Public Comment Procedures

OSM is reopening the comment

period on the proposed Arkansas

program amendment to provide the

public an opportunity to reconsider the

adequacy of the proposed amendment

in light of the additional materials

submitted. In accordance with the

provisions of 30 CFR 732.17(h), OSM is

seeking comments on whether the

proposed amendment satisfies the

applicable program approval criteria of

30 CFR 732.15. If the amendment is

deemed adequate, it will become part of

the Arkansas program.

Written Comments

Written comments should be specific,

pertain only to the issues proposed in

this rulemaking, and include

explanations in support of the

commenter’s recommendations.

Comments received after the time

indicated under DATES or at locations

other than the Tulsa Field Office will

not necessarily be considered in the

final rulemaking or included in the

Administrative Record.

IV. Procedural Determinations

Executive Order 12866

This proposed rule is exempted from

review by the Office of Management and

Budget (OMB) under Executive Order

12866 (Regulatory Planning and

Review).

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, 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

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 State 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)).

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.).

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.

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 913

Intergovernmental relations, Surface

mining, Underground mining.

Dated: January 17, 1997.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

[FR Doc. 97–2331 Filed 1–29–97; 8:45 am]

BILLING CODE 4310–05–M