15112 Federal Register / Vol. 62, No. 61 / Monday, March 31, 1997 / Rules and Regulations

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 756

[HO–004–FOR]

Hopi Tribe Abandoned Mine Land

Reclamation Plan

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 a proposed amendment to the

Hopi Tribe abandoned mine land

reclamation (AMLR) plan (hereinafter,

the ‘‘Hopi plan’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). The Hopi Tribe

proposed to revise, add, or delete plan

provisions pertaining to the preface to

amended reclamation plan; purpose of

the Hopi plan; eligible lands and water

subsequent to certification; land

acquisition, management, and disposal;

rights of entry; Hopi Department of

Natural Resources policy on public

participation; organization of the Hopi

Tribe; a description of aesthetic, cultural

and recreational conditions on the Hopi

Reservation; and a description of the

flora and fauna found on the Hopi

Reservation. The amendment revised

the Hopi plan to meet the requirements

of the corresponding Federal

Regulations and to be consistent with

SMCRA; to incorporate the additional

flexibility afforded by the revised

Federal regulations and SMCRA, as

amended; to clarify ambiguities; and to

improve operational efficiency.

EFFECTIVE DATE: March 31, 1997.

FOR FURTHER INFORMATION CONTACT:

Guy Padgett, Telephone: (505) 248–

5070, Internet address:

GPADGETT@CWYGW.OSMRE.GOV.

SUPPLEMENTARY INFORMATION:

I. Background on the Hopi Plan

On June 28, 1988, the Secretary of the

Interior approved the Hopi plan.

General background information on the

Hopi plan, including the Secretary’s

findings and the disposition of

comments, can be found in the June 28,

1988, Federal Register (53 FR 24262).

Subsequent actions concerning the Hopi

Tribe’s plan and plan amendments can

be found at 30 CFR 756.17 and 756.18.

II. Proposed Amendment

By letter dated September 23, 1996,

the Hopi Tribe submitted a proposed

amendment to its plan (administrative

record No. HO–156) pursuant to

SMCRA (30 U.S.C. 1201 et seq.). The

Hopi Tribe submitted the proposed

amendment at its own initiative and in

response to the required plan

amendments at 30 CFR 756.18 (a)

through (h). The provisions of the Hopi

plan that the Hopi Tribe proposed to

revise, add, or delete were: Preface to

amended reclamation plan; section I, A,

purpose of the Hopi plan; section II,

A(1), coal reclamation after certification,

and section II, A(1)(i), limited liability

(coal reclamation); sections II, B(1)(d)

and (d)(ii), noncoal reclamation after

certification and the construction of

public facilities, and sections II, B(1) (h),

(i), and (j), limited liability, contractor

responsibility, and reports (noncoal

reclamation); section IV, A(1), land

acquisition, and section IV, B,

management of required land; sections

VI, A(1) and B(1), consent to entry and

public notice; section XII, description of

aesthetic, cultural and recreational

conditions of the Hopi Reservation; and

section XIV, flora and fauna of the Hopi

Reservation.

OSM announced receipt of the

proposed amendment in the October 16,

1996, Federal Register (61 FR 53884),

provided an opportunity for a public

hearing or meeting on its substantive

adequacy, and invited public comment

on its adequacy (administrative record

No. HO–159). Because no one requested

a public hearing or meeting, none was

held. The public comment period ended

on November 15, 1996.

III. Director’s Findings

As discussed below, the Director, in

accordance with SMCRA and 30 CFR

884.14 and 884.15, finds that the

proposed plan amendment submitted by

the Hopi Tribe on September 23, 1996,

meets the requirements of the

corresponding Federal regulations and

is consistent with SMCRA. Thus, the

Director approves the proposed

amendment.

1. Nonsubstantive Revisions to the Hopi

Plan Provisions

The Hopi Tribe proposed revisions to

the following previously-approved plan

provisions that are nonstubstantive in

nature and consist of minor editorial,

punctuation, grammatical, and

recodification changes (corresponding

SMCRA provisions and Federal

regulations are listed in parentheses):

Preface to amend reclamation plan,

(sections 411(e) and (f) of SMCRA and

30 CFR 875.15), eligible projects;

Section II, A(1)(a), (30 CFR′

874.12)(c)), eligible coal lands and

water;

Section II, A(1)(g), (30 CFR 874.16),

contractor responsibility (coal

reclamation);

Section II, B(1)(d), (30 CFR 874.15(b)),

noncoal reclamation after certification;

Deletion of sections II, E, F, and G, (30

CFR 874.15 and .16, 875.19 and .20, and

886.23(b)), limited liability, contractor

responsibility, and reports;

Section II, E, (sections 411(e) and (f)

of SMCRA and 30 CFR 875.15(d) and (e)

and 884.13(c)(2)), description of needs,

proposed construction and activities;

Section VII, B(8), (30 CFR

884.13(c)(7)), public participation;

Section VIII, (30 CFR 884.13(d)(1)),

organization of the Hopi Tribe; and

Section XIV, (30 CFR 884.13(f)), flora

and fauna.

Because the proposed revisions to

these previously-approved Hopi plan

provisions are nonsubstantive in nature,

the Director finds that they are

consistent with the corresponding

provisions of SMCRA and meet the

requirements of the Federal regulations.

Therefore, the Director approves the

proposed revisions to these plan

provisions.

2. Substantive Revisions to the Hopi

Plan Provisions That Are Substantively

Identical to the Corresponding

Provisions of SMCRA and the Federal

Regulations

The Hopi Tribe proposed revisions to

the following plan provisions that are

substantive in nature and contain

language that is substantively identical

to the requirements of the

corresponding provisions of SMCRA

and the Federal regulations (listed in

parentheses):

Preface to amended reclamation plan,

(title IV of SMCRA and 30 CFR

subchapter R), introductory paragraph;

Section II, A(1)(i), (30 CFR 874.15),

limited liability (coal reclamation);

Section II, B(1)(h), (30 CFR 875.19),

limited liability (noncoal reclamation);

Section II, B(1)(i), (30 CFR 875.20),

contractor responsibility (noncoal

reclamation); and

Section II, B(1)(j), (30 CFR 886.23(b)),

reports (noncoal reclamation);

Because these proposed revisions to

the Hopi plan provisions are

substantively identical to the

corresponding provisions of SMCRA

and the Federal regulations, the Director

finds that they are consistent with the

corresponding provisions of SMCRA

and meet the requirements of the

Federal regulations. Therefore, the

Director approves the proposed

revisions to these plan provisions.
Federal Register / Vol. 62, No. 61 / Monday, March 31, 1997 / Rules and Regulations 15113

3. Revisions to the Hopi Plan Provisions

Submitted in Response to Required

Amendments

In response to the required plan

amendments at 30 CFR 756.18(d)

through (h) (April 23, 1996, 61 FR

17833, 17836–38, finding Nos. 5, 6, 7,

and 9), the Hopi Tribe proposed to

revise its plan provisions at section II,

A(1), concerning coal reclamation after

certification; section II, B(1)(d)(ii),

concerning noncoal reclamation after

certification; section IV, A(1),

concerning land acquisition; section IV,

B(1), concerning management of

acquired lands; and section XII,

concerning description of aesthetic,

cultural and recreational conditions of

the Hopi Reservation.

Section II, A(1).—OSM at 30 CFR

756.18(d) (finding No. 5(b), 61 FR

17833, 17836) required the Hopi Tribe

to revise section II, A(1) to require that

any coal reclamation activities

subsequent to certification of coal

reclamation are subject to the provisions

of sections 401 through 410 of SMCRA.

In response to the required

amendment, the Hopi Tribe proposed to

add such language to its plan at section

II, A(1) to provide for coal reclamation

after certification. In addition, the Hopi

Tribe corrected a reference in this

section to the effective date of the Hopi

Tribe’s certification that all known

abandoned coal mine problems had

been addressed. For the reasons

discussed in the April 23, 1996, Federal

Register, the Director finds that the

proposed revisions at section II, A(1) of

the Hopi plan meet the requirements of

the Federal regulations at 30 CFR

875.13(b) and 875.14(b)). Accordingly,

the Director approves the proposed

revisions to section II, A(1) and removes

the required amendment at 30 CFR

756.18(d).

Section II, B(1)(d)(ii).—OSM at 30

CFR 756.18(e) (finding No. 6(a), 61 FR

17833, 17836) required the Hopi Tribe

to revise section II, B(1)(d)(ii) to delete

the word ‘‘property’’ for priority two

noncoal reclamation.

In response to the required

amendment, the Hopi Tribe revised

section II, B(1)(d)(ii) to provide for the

protection of public health, safety, and

general welfare from the adverse effects

of mineral mining and processing

practices. For the reasons discussed in

the April 23, 1996, Federal Register, the

Director finds that the proposed revision

at section II, B(1)(d)(ii) of the Hopi plan

meets the requirements of the Federal

regulations at 30 CFR 875.15(b)(2).

Accordingly, the Director approves the

proposed revision to section II,

B(1)(d)(ii) and removes the required

amendment at 30 CFR 756.18(e).

Section IV, A(1).—OSM at 30 CFR

756.18(f) (finding No. 7(a), 61 FR 17833,

17837) required the Hopi Tribe to revise

section IV, A(1) to delete the word

‘‘coal’’ from the phrase ‘‘coal refuse

thereon’’ to ensure that lands eligible for

acquisition included those on which

refuse from both coal and noncoal

mining practices are located.

In response to the required

amendment, the Hopi Tribe revised

section IV, A(1) to provide that noncoal

lands and water may be acquired in the

same manner as coal lands and water.

For the reasons discussed in the April

23, 1996, Federal Register, the Director

finds that the proposed revision at

section IV, A(1) of the Hopi plan meets

the requirements of the Federal

regulations at 30 CFR 875.17 and

879.11(a). Accordingly, the Director

approves the proposed revision to

section IV, A(1) and removes the

required amendment at 30 CFR

756.18(f).

Section IV, B(1).—OSM at 30 CFR

756.18(g) (finding No. 7(c), 61 FR 17833,

17837) required the Hopi Tribe to revise

section IV, B(1) to reinstate the phrase

‘‘may be used pending’’ to its provisions

concerning the management of acquired

lands.

In response to the required

amendment, the Hopi Tribe revised

section IV, B(1) to provide that land

acquired under rules of the Hopi plan

may be used pending concurrence of the

Hopi AMLR program and Tribal Council

for any lawful purpose that is not

inconsistent with the reclamation

activities and post reclamation uses for

which it was acquired. For the reasons

discussed in the April 23, 1996, Federal

Register, the Director finds that the

proposed revision at section IV, B(1) of

the Hopi plan meets the requirements of

the Federal regulations at 30 CFR

879.14. Accordingly, the Director

approves the proposed revision to

section IV, B(1) and removes the

required amendment at 30 CFR

756.18(g).

Section XII.—OSM at 30 CFR

756.18(h) (finding No. 9, 61 FR 17833,

17838) required the Hopi Tribe to revise

its plan to include information

concerning significant aesthetic, historic

or cultural, and recreational values.

In response to the required

amendment, the Hopi Tribe added

section XII to provide a description of

aesthetic, cultural and recreational

conditions of the Hopi Reservation. For

the reasons discussed in the April 23,

1996, Federal Register, the Director

finds that the proposed addition at

section XII of the Hopi plan meets the

requirements of the Federal regulations

at 30 CFR 884.13(f)(2). Accordingly, the

Director approves the proposed revision

to section IV, B(1) and removes the

required amendment at 30 CFR

756.18(h).

4. Section I, A, Purpose of Hopi Tribe

AMLR Plan

The Hopi Tribe proposed to revise

section I, A, of its plan in response to

required amendments at 30 CFR 756.18

(a) through (c) (April 23, 1996, 61 FR

17833, 17835, finding Nos. 4 (a), (d),

and (e)). OSM required the Hopi Tribe

to revise section I, A to (1) provide

separate provisions for coal and noncoal

reclamation activities, (2) ensure that

the provisions listed in the purpose of

the Hopi plan are consistent with the

Hopi Tribe’s certification of completion

of reclamation of known coal-related

problems, and (3) provide appropriate

provisions for reclamation of eligible

lands, waters and facilities under a

noncoal reclamation program.

The Hopi Tribe chose not to respond

specifically to the required

amendments, but rather proposed

revisions to section I, A to provide that

the Hopi plan’s purpose is to ‘‘protect

the health, safety, and general welfare of

members of the Hopi Tribe and

members of the general public from the

harmful effects of past coal mining

practices and past mineral mining and

processing practices.’’ In addition, the

Hopi Tribe proposed other purposes at

section I, A to (1) address adverse effects

of mining and processing practices on

public facilities; (2) provide for public

facilities in communities impacted by

coal or other mineral mining and

processing practices; and (3) address

needs for activities or public facilities

related to the coal or minerals industry

on Hopi lands impacted by coal or

minerals development.

The first purpose at section I, A of the

Hopi plan is similar to the provisions of

sections 403(a)(2) and 411(c)(2) of

SMCRA, which provide, respectively,

for the protection of health, safety, and

general welfare from the adverse effects

of coal mining practices, and from the

adverse effects of mineral mining and

processing practices. The additional

purposes at section I, A are similar to

the provisions of section 411(e) of

SMCRA and 30 CFR 875.15(a), which

provide for the protection, repair,

replacement, construction, or

enhancement of utilities and such other

facilities serving the public adversely

affected by mineral mining and

processing practices, and the

construction of public facilities in

communities impacted by coal or other
15114 Federal Register / Vol. 62, No. 61 / Monday, March 31, 1997 / Rules and Regulations

mineral mining and processing

practices.

Because the Hopi Tribe previously

certified that it had completed the

reclamation of all known coal-related

problems (59 FR 29719, June 9, 1994),

its plan appropriately provides for both

coal and noncoal reclamation.

Therefore, the Director finds that section

I, A of the Hopi plan, which provides

a general description of the purpose of

the Hopi Tribe’s AMLR program,

including descriptions of coal and

noncoal reclamation activities, is not

inconsistent with sections 403 and 411

of SMCRA and meets the requirements

of the Federal regulations at 30 CFR

parts 874 and 875. Accordingly, the

Director approves the proposed

revisions at section I, A and removes the

required amendments at 30 CFR 756.18

(a) through (c).

5. Sections VI, A(1) (a) through (c) and

B(1), Consent To Enter and Public

Notice

The Hopi Tribe proposed to revise its

plan provisions at sections VI, A(1) (a)

through (c), by deleting provisions

concerning the ability to enter lands for

emergency reclamation. The Hopi Tribe

also proposed to revise section VI, B(1)

by deleting the phrase ‘‘except in

emergency situations,’’ from the

requirement for the public notice when

written consent for entry cannot be

obtained.

Deletion of the references to

emergency reclamation and emergency

situations is consistent with the fact that

the Hopi Tribe is unable to exercise

emergency powers on Hopi lands,

because the Hopi Tribe did not request

authority to conduct emergency

response reclamation under the original

Hopi plan submission (53 FR 24262,

June 28, 1988), and it has not

subsequently sought emergency powers

through the amendment process. For

these reasons, only OSM, and its agents,

employees, and contractors, are

authorized to conduct emergency

reclamation activities on Hopi lands.

Based upon OSM’s exclusive emergency

reclamation authority on Hopi lands,

the Director finds that the deletions of

references to emergency reclamation

and emergency situations at sections VI,

A(1)(c) and B(1) are consistent with

section 410 of SMCRA and meet the

requirements of 30 CFR 877.14.

Therefore, the Director approves these

proposed plan revisions.

IV. Summary and Disposition of

Comments

Following are summaries of all

substantive written comments on the

proposed amendment that were

received by OSM, and OSM’s responses

to them.

1. Public Comments

OSM invited public comments on the

proposed amendment, but none were

received.

2. Federal Agency Comments

Pursuant to 30 CFR 884.15(a) and

884.14(a)(2), OSM solicited comments

on the proposed amendment from

various Federal agencies with an actual

or potential interest in the Hopi plan

(administrative record No. HO–157).

(a) Bureau of Indian Affairs (BIA),

Hopi Agency.—BIA commented on

October 11, 1996, that the ‘‘Preface to

Amended Reclamation Plan’’ section of

the Hopi plan should be revised to

clarify the order of priority for future

coal AMLR projects (administrative

record No. HO–158). Specifically, BIA

recommended that the last paragraph on

page iii, which provides a description of

the Hopi Tribe’s priority system, should

be revised to indicate that projects with

the most adverse impacts to the public

are of the highest priority.

OSM responds that the preface of the

Hopi plan provides for both coal and

noncoal reclamation projects, and that

the order of priority provided by the

preface is consistent with the Federal

regulations at 30 CFR part 875. Even

though the Hopi Tribe provided

certification of completion of all known

coal-related problems (59 FR 29721,

June 9, 1994), it continues to have a

responsibility to give any coal-related

problems that are found or that occur

after certification top priority for AMLR

funding. The preface of the Hopi plan

reflects this requirement by stating that

‘‘newly discovered projects adversely

affected by coal mining’’ (emphasis

added) would receive the highest

priority for AMLR funding. The Director

finds that the language contained in the

preface of the Hopi plan concerning the

priority of coal projects is consistent

with the counterpart Federal regulations

at 30 CFR 875.13(a)(3), and is not

requiring the Hopi Tribe to provide any

additional clarification about priorities

as suggested by BIA.

(b) Arizona State Historic

Preservation Officer (SHPO).—On

November 14, 1996, the Arizona SHPO

responded that it was their opinion that

the proposed amendment should have

no effect on any property listed on the

National Register of Historic Places or

any project eligible for listing

(administrative record No. HO–160).

V. Director’s Decision

Based on the above findings, the

Director approves the Hopi Tribe’s

proposed plan amendment as submitted

on September 23, 1996.

The Director approves, as discussed

in: Finding No. 1, the preface to the

amended reclamation plan, concerning

eligible projects, section II, A(1)(a),

concerning eligible coal lands and

water, section II, A, (1)(g), concerning

contractor responsibility for coal

reclamation, section II, B(1)(d),

concerning noncoal reclamation after

certification, deletion of sections II, E, F,

and G, concerning limited liability,

contractor responsibility, and reports for

noncoal reclamation, section II, E,

concerning description of needs,

proposed construction and activities,

section VII, B(8), concerning public

participation, section VIII, concerning

organization of the Hopi Tribe, and

section XIV, concerning flora and fauna;

finding No. 2, the preface to the

amended reclamation plan, concerning

the introductory paragraph, section II,

A(1)(i), concerning limited liability for

coal reclamation, section II, B(1)(h),

concerning limited liability for noncoal

reclamation, section II, B(1)(i),

concerning contractor responsibility for

noncoal reclamation, and section II,

B(1)(j), concerning reports for noncoal

reclamation; finding No. 3, section II,

A(1), concerning coal reclamation after

certification, section II, B(1)(d)(ii),

concerning noncoal reclamation after

certification, section IV, A(1),

concerning land acquisition, section IV,

B(1), concerning management of

acquired lands, and section XII,

concerning description of aesthetic,

cultural and recreational conditions of

the Hopi Reservation; finding No. 4,

section I, A, concerning the purpose of

Hopi plan; and finding No. 5, sections

VI, A(1) (a) through (c) and B(1),

concerning consent to entry and public

notice.

The Director approves the plan

provisions as proposed by the Hopi

Tribe with the provision that they be

fully promulgated in identical form to

the plan provisions submitted to and

reviewed by OSM and the public.

The Federal regulations at 30 CFR

Part 756, codifying decisions concerning

the Hopi plan, are being amended to

implement this decision. This final rule

is being made effective immediately to

expedite the State or Indian tribe plan

amendment process and to encourage

States or Indian tribes to bring their

plans into conformity with the Federal

standards without undue delay.

Consistency of State or Indian tribe and

Federal standards is required by

SMCRA.
Federal Register / Vol. 62, No. 61 / Monday, March 31, 1997 / Rules and Regulations 15115

VI. Procedural Determinations

1. Executive Order 12866

This rule is exempted from review by

the Office of Management and Budget

(OMB) under Executive Order 12866

(Regulatory Planning and Review).

2. 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 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 or Indian tribe

AMLR plans and revisions thereof since

each such plan is drafted and

promulgated by a specific State or

Indian tribe, not by OSM. Decisions on

proposed State or Indian tribe AMLR

plans and revisions thereof submitted

by a State or Indian tribe are based on

a determination of whether the

submittal meets the requirements of

Title IV of SMCRA (30 U.S.C. 1231–

1243) and the applicable Federal

regulations at 30 CFR parts 884 and 888.

3. National Environmental Policy Act

No environmental impact statement is

required for this rule since agency

decisions on proposed State or Indian

tribe AMLR plans and revisions thereof

are categorically excluded from

compliance with the National

Environmental Policy Act (42 U.S.C.

4332) by the Manual of the Department

of the Interior (516 DM 6, appendix 8,

paragraph 8.4B(29)).

4. 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.).

5. 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 or Indian

tribe submittal which is the subject of

this rule is based upon 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 established by

SMCRA or previously promulgated by

OSM will be implemented by the State

or Indian tribe. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions in the analyses for

the corresponding Federal regulations.

6. Unfunded Mandates Reform Act

This rule will not impose a cost of

$100 million or more in any given year

on any governmental entity or private

sector.

List of Subjects in 30 CFR Part 756

Abandoned mine reclamation

programs, Indian lands, Surface mining,

Underground mining.

Dated: March 13, 1997.

James F. Fulton,

Acting Regional Director, Western Regional

Coordinating Center.

For the reasons set out in the

preamble, Title 30, Chapter VII,

Subchapter E of the Code of Federal

Regulations is amended as set forth

below:

PART 756—INDIAN TRIBE

ABANDONED MINE LAND

RECLAMATION PROGRAMS

1. The authority citation for part 756

continues to read as follows:

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

L. 100–71.

2. Section 756.17 is amended by

adding paragraph (c) to read as follows:

§ 756.17 Approval of Hopi Tribe

abandoned mine land reclamation plan

amendments.

* * * * *

(c) Revisions to, additions of, or

deletions of the following plan

provisions, as submitted to OSM on

September 23, 1996, are approved

effective March 31, 1997:

Preface to Amended Reclamation Plan—

Introductory paragraph and Eligible

Projects;

Section I, A—Purpose of Hopi plan;

Section II, A(1)—Certification of Completion

of Coal Sites;

Section II, A(1)(a)—Eligible Coal Lands and

Water;

Section II, A, (1)(g)—Contractor

Responsibility (for coal reclamation);

Section II, (A)(1)(i)—Limited Liability (for

coal reclamation);

Sections II, (B)(1)(d) and (d)(ii)—Noncoal

Reclamation After Certification;

Sections II, (B)(1)(h), (i), and (j)—Limited

Liability, Contractor Responsibility, and

Reports (for noncoal reclamation);

Deletion of sections II, E, F, and G—Limited

Liability, Contractor Responsibility, and

Reports (for noncoal reclamation);

Section II, E—Description of Needs, Proposed

Construction and Activities;

Sections IV, (A)(1) and (B)(1)—Acquisition

and Management of Acquired Lands;

Sections VI, A(1) (a) through (c) and B(1)—

Consent to Entry and Public Notice;

Section VII, B(8)—Public Participation;

Section VIII—Organization of the Hopi Tribe;

Section XII—Description of Aesthetic,

Cultural and Recreational Conditions of the

Hopi Reservation; and

Section XIV—Flora and Fauna.

§ 756.18 [Amended]

3. Section 756.18 is amended by

removing and reserving paragraphs (a)

through (b) and removing paragraphs (c)

through (h).

[FR Doc. 97–8103 Filed 3–28–97; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 902

[AK–005–FOR, Amendment No. V]

Alaska 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 a proposed amendment to the

Alaska regulatory program (hereinafter

referred to as the ‘‘Alaska program’’)

under the Surface Mining Control and

Reclamation Act of 1977 (SMCRA).

Alaska proposed revisions to and

additions of rules pertaining to selfbonding. The amendment revised the

Alaska program to be consistent with

the corresponding Federal regulations.

EFFECTIVE DATES: March 31, 1997.

FOR FURTHER INFORMATION CONTACT:

James F. Fulton, Telephone: (303) 844–

1424.

SUPPLEMENTARY INFORMATION:

I. Background on the Alaska Program

On March 23, 1983, the Secretary of

the Interior conditionally approved the

Alaska program. General background

information on the Alaska program,

including the Secretary’s findings, the

disposition of comments, and

conditions of approval of the Alaska

program can be found in the March 23,

1983, Federal Register (48 FR 12274).

Subsequent actions concerning Alaska’s

program and program amendments can

be found at 30 CFR 902.15 and 902.16.

II. Proposed Amendment

By letter dated December 12, 1996,

Alaska submitted a proposed

amendment to its program pursuant to

SMCRA (amendment No. V,

administrative record No. AK–F–1, 30

U.S.C. 1201 et seq.). Alaska submitted

the proposed amendment in response to

the required program amendment at 30