62786 Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Proposed Rules

5. Section 404.353 is amended by

revising the second sentence of

paragraph (a) to read as follows:

§ 404.353 Child’s benefit amounts.

(a) * * * The amount of your

monthly benefit may change as

explained in § 404.304.

* * * * *

6. Section 404.367 is amended by

revising the first sentence of the

introductory text; revising paragraphs

(a) and (b); redesignating paragraphs (c),

(d), and (e) as paragraphs (d), (e), and (f),

respectively; adding paragraph (c); and,

revising paragraph (f) to read as follows:

§ 404.367 When you are a ‘‘full-time

elementary or secondary school student’’.

You may be eligible for child’s

benefits if you are a full-time elementary

or secondary school student. * * *

(a) You attend a school which

provides elementary or secondary

education as determined under the law

of the State or other jurisdiction in

which it is located. Participation in the

following programs also meets the

requirements of this paragraph:

(1) You are instructed in elementary

or secondary education at home in

accordance with a home school law of

the State or other jurisdiction in which

you reside; or

(2) You are in an independent study

elementary or secondary education

program in accordance with the law of

the State or other jurisdiction in which

you reside which is administered by the

local school or school district/

jurisdiction;

(b) You are in full-time attendance in

a day or evening noncorrespondence

course of at least 13 weeks duration and

you are carrying a subject load which is

considered full-time for day students

under the institution’s standards and

practices. If you are in a home schooling

program as described in paragraph (a)(1)

of this section, you must be carrying a

subject load which is considered fulltime for day students under standards

and practices set by the State or other

jurisdiction in which you reside;

(c) To be considered in full-time

attendance, your scheduled attendance

must be at the rate of at least 20 hours

per week unless one of the exceptions

in paragraph (c)(1) or (c)(2) of this

section applies. If you are in an

independent study program as

described in paragraph (a)(2) of this

section, your number of hours spent in

school attendance are determined by

combining the number of hours of

attendance at a school facility with the

agreed upon number of hours spent in

independent study. You may still be

considered in full-time attendance if

your scheduled rate of attendance is

below 20 hours per week if we find that:

(1) The school attended does not

schedule at least 20 hours per week and

going to that particular school is your

only reasonable alternative; or

(2) Your medical condition prevents

you from having scheduled attendance

of at least 20 hours per week. To prove

that your medical condition prevents

you from scheduling 20 hours per week,

we may request that you provide

appropriate medical evidence or a

statement from the school;

* * * * *

(f) You are not subject to the

provisions in § 404.468 for nonpayment

of benefits to certain prisoners and

certain other inmates of publicly funded

institutions.

§ 404.3691 [Removed]

7. Section 404.369 is removed.

[FR Doc. 95–29534 Filed 12–6–95; 8:45 am]

BILLING CODE 4190–29–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 756

[SPATS No. HO–003–FOR]

Hopi Tribe Abandoned Mine Land

Reclamation (AMLR) Plan

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing on proposed amendment.

SUMMARY: OSM is announcing receipt of

a proposed amendment to the Hopi

Tribe AMLR plan (hereinafter, the

‘‘Hopi Tribe plan’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). The proposed

amendment consists of revisions of and

additions to the Hopi Tribe plan

pertaining to the purpose of the plan;

eligible lands and water subsequent to

certification; coordination with other

programs; land acquisition,

management, and disposal; reclamation

on private land and rights of entry;

public participation; organization of the

Hopi Tribe; personnel staffing policies;

purchasing policies, procurement

procedures, and accounting systems;

economic conditions on the Hopi

Reservation; a description of flora and

fauna at abandoned mine sites; the Hopi

Tribe’s authority to administer its plan,

as amended in the absence of a specific

statute; changing the name of the

designated agency; and affirmation that

the manual for purchasing policies and

procedures manual is in accordance

with the Office of Management and

Budget’s (OMB) Common Rule.

Additionally, the Hopi Tribe is

proposing numerous editorial and

recodification changes. The amendment

is intended to revise the Hopi Tribe plan

to meet the requirements of and

incorporate the additional flexibility

afforded by the revised Federal

regulations and SMCRA, as amended,

and improve operational efficiency.

DATES: Written comments must be

received by 4:00 p.m. m.s.t., January 8,

1996. If requested, a public hearing on

the proposed amendment will be held

on January 2, 1996. Requests to present

oral testimony at the hearing must be

received by 4:00 p.m., m.s.t., December

22, 1995.

ADDRESSES: Written comments should

be mailed or hand delivered to Donna

J. Griffin at the address listed below.

Copies of the Hopi Tribe plan, 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 Albuquerque Field

Office.

Donna J. Griffin, Acting Director,

Albuquerque Field Office, Office of

Surface Mining Reclamation and

Enforcement, 505 Marquette Avenue,

NW., Suite 1200, Albuquerque, New

Mexico 87102

Norman Honie, Abandoned Mine Land

Program Director, Office of Mining

and Minerals, Department of Natural

Resources, The Hopi Tribe, P.O. Box

123, Kykotsmovi, AZ 86039

FOR FURTHER INFORMATION CONTACT:

Donna J. Griffin, Telephone: (505) 248–

5070.

SUPPLEMENTARY INFORMATION:

I. Background on the Hopi Tribe Plan

On June 28, 1988, the Secretary of the

Interior approved the Hopi Tribe plan.

General background information on the

Hopi Tribe 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

756.14(a).
Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Proposed Rules 62787

II. Proposed Amendment

By letter dated November 2, 1995, the

Hopi Tribe submitted a proposed

amendment to its plan (administrative

record No. HO–148) 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 a September 26, 1994, letter

(administrative record No. HO–145.1)

that OSM sent to the Hopi Tribe in

accordance with 30 CFR 884.15(b). The

provisions of the Hopi Tribe plan that

the Hopi Tribe proposes to revise and/

or add are: the ‘‘Table of Contents;’’ a

preface to the amended reclamation

plan; a list of addenda and errata; the

Chairman’s letter of designation and

Hopi Tribe resolution; the General

Counsel’s opinion on the authority of

the Hopi Tribe to conduct an AMLR

program; Part I, purpose of the Hopi

Tribe plan; Part II, eligible lands and

water subsequent to certification; Part

III, coordination of the Hopi AMLR

Program with other programs; Part IV,

land acquisition, management, and

disposal; Part V, reclamation on private

land; Part VI, rights of entry; Part VII,

Hopi Department of Natural Resources

(DNR) policy on public participation;

Part VIII, organization of the Hopi Tribe;

Part IX, personnel staffing policies; Part

X, purchasing policies and procurement

procedures; Part XI, accounting systems

and management accounting; Part XII,

economic conditions on the Hopi

Reservation; and Part XIII, a description

of flora and fauna at abandoned mine

sites.

Specifically, the Hopi Tribe proposes

to:

(1) revise the ‘‘Table of Contents’’ to

reflect the proposed recodification

changes and include a list of

appendices;

(2) add a new part called ‘‘Preface to

Amended Reclamation Plan’’ that

provides an explanation of the Hopi

AMLR Program goals and objectives and

describes eligible projects and their

priorities;

(3) add a cover page for the ‘‘List of

Addenda and Errata’’ and revise the

‘‘List of Figures’’ to retitle ‘‘Figure 4’’

and delete ‘‘Figure 5;’’

(4) add new cover pages for the

‘‘Chairman’s Letter of Designation and

Hopi Tribe Resolution’’ and ‘‘Opinion of

Legal Counsel’’ and delete the cover

pages titled ‘‘Section 884.13(a)’’ and

‘‘Section 884.413(b);’’

(5) redesignate Section 884.13(c)(1) as

Part ‘‘I’’ and revise this part to include

in the purpose of Hopi Tribe plan

provisions that (a) allow for the

protection and replacement of water

supplies and protection, repair,

replacement, construction, or

enhancement of public facilities

adversely affected by mining and

processing practices, (b) provide that the

‘‘Director’’ shall be to the ‘‘Director of

the Hopi Office of Mining and Mineral

Resources (OMMR)’’ or his designee

within the OMMR or in the Hopi AMLR

Program and that the ‘‘OMMR is an

office within the DNR, and oversees

operations of the Hopi Abandoned Mine

Land Program,’’ and (c) reclamation

priorities similar to those allowed at

section 403 of SMCRA, and provide for

deletion of language concerning the

allocation of funds collected annually

for purposes of the Hopi AMLR

Program;

(6) redesignate Section 884.13(c)(2) as

Part ‘‘II;’’ retitle this part as ‘‘Eligible

Lands and Water Subsequent to

Certification;’’ add language (a)

consistent with the requirements of the

Federal regulations at 30 CFR 874.12 for

eligible coal lands and water, 30 CFR

874.16 for contractor responsibility, 30

CFR Part 875 for noncoal reclamation,

and 30 CFR 886.23 for reports and (b)

to provide for the construction of public

facilities in villages impacted by mining

activities on Hopi Indian lands as

provided in sections 411 (e) and (f) of

SMCRA and include a description of

needs and proposed construction and

activities; and delete (a) ‘‘Table 1,

Comprehensive/Problem Evaluation

Matrix’’ and (b) language concerning

filling voids and sealing tunnels and

evaluating and ranking reclamation

projects;

(7) redesignate Section 884.13(c)(3) as

Part ‘‘III’’;

(8) redesignate Section 884.13(c)(4) as

Part ‘‘IV;’’ revise the procedures

concerning the acquisition of lands to

(a) include lands adversely affected by

‘‘coal and noncoal mining’’ practices

and (b) add new language to require that

the Hopi AMLR Program shall obtain

‘‘from a qualified appraiser a valuation’’

of the fair market value of all land to be

acquired and that the fair market value

of the land ‘‘shall consider the principle

of the best and highest use’’ of the land

as adversely affected by past mining and

that such ‘‘valuation of fair market value

shall be approved by the Hopi Tribal

council;’’ revise the language

concerning purchases by (a) deleting the

provision that allows affected lands to

be acquired with monies from the

abandoned mine land (AML) fund if

approved by the OSM Field Office

Director and the Hopi Tribal Council

and such acquisition meets the

requirements of OSM’s regulations, (b)

replacing it with new language requiring

that ‘‘the Tribe may acquire land and

water under this section if approved in

advance by OSM based on written

findings made by OSM in accordance

with the provisions of 30 CFR 879.11,

and as approved by the Hopi Tribal

Council,’’ and (c) deleting the

requirement that ‘‘improvements to the

land may be acquired if such interest is

necessary to the reclamation work

planned or the post reclamation use of

the land;’’

(9) redesignate § 884.13 (c)(5) as Part

‘‘V’’ and revise the language of this part

to include a reference to ‘‘the General

Allotment Act of 1887’’(25 U.S.C.A. 331

et seq.);

(10) redesignate § 884.13(c)(6) as Part

‘‘VI’’ and delete language concerning

emergency entry and the requirement

that ‘‘if written notice cannot be

obtained for the purposes of emergency

reclamation and if notice cannot be

given prior to entry, notice will be given

to the landholders as soon after entry as

practical;’’

(11) redesignate § 884.13(c)(7) as Part

‘‘VII’’ and add language clarifying

procedures concerning public

participation in the development of the

Hopi Tribe plan and listing the 1991

and 1992 public meetings held in

connection with the Hopi Tribe’s

certification of completion of

reclamation of all known coal-related

problems and to review projects and

needs relevant to sections 411(e) and (f)

of SMCRA;

(12) redesignate § 884.13(d)(1) as Part

‘‘VIII’’ and add language to (a) provide

that the Hopi Tribal Council on

‘‘December 07, 1987, passed Resolution

H–03–88,’’ which designates DNR as the

agency responsible for implementing

the Hopi Tribe plan, (b) reference ‘‘the

Chairman’s Letter of Designation and

Hopi Tribe Resolution section of this

plan,’’ and (c) reference ‘‘Figure 4,’’

which presents ‘‘the relationship of the

DNR to others in the Tribal

organization;’’

(13) redesignate § 884.13(d)(2) as Part

‘‘IX’’ and add references to the Tribe’s

‘‘Personnel Policies and Procedures

Manual,’’ ‘‘The Civil Rights Act of

1964,’’ and ‘‘The Rehabilitation Act of

1973;’’

(14) redesignate § 884.13(d)(3) as Part

‘‘X’’ and add references to the

‘‘Purchasing Policies and Procedures

Manual,’’ which was adopted by the

Tribe by Executive Action dated April

15, 1978, and OMB’s ‘‘Uniform

Administrative Requirements for Grants

and Cooperative Agreements to State

and Local Governments’’ dated March

11, 1988, which is also known as ‘‘the

Common Rule;’’

(15) redesignate § 884.13(d)(4) as Part

‘‘XI’’ and add references to ‘‘The Hopi

Tribe Financial Policies and Procedures
62788 Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Proposed Rules

Manual,’’ which was adopted by Tribal

Council Resolution H–102–82 on

August 9, 1982, and the ‘‘Standards for

Audit of Governmental Organizations,

Program Activities, and Functions,’’

which provides standards for the

performance of audits;

(16) delete the following sections in

their entirety: (a) ‘‘Section 884.13(e)(1),

Eligible Lands and Water,’’ and provide

for its replacement at Part II, Eligible

Lands and Waters Subsequent to

Certification, (b) ‘‘Section 884.13(e)(2),

Problem Descriptions,’’ and provide that

current problems and needs are

described in Part II, Section H of the

Hopi Tribe plan, and (c) ‘‘Section

884.13(e)(3), Problem Abatement

Proposals,’’ and provide that current

proposals are described in Part II,

Section H of the Hopi Tribe plan;

(17) redesignate Section 884.13(f)(1)

as Part ‘‘XII;’’ add language to provide

that (a) the ‘‘[o]riginal text of this part,

Economic Conditions on the Hopi

Reservation, is replaced in its entirety

by the FY 1993–1995 Annual OEDP

[Overall Economic Development Plan]

Report * * *,’’ (b) the ‘‘[c]urrent

economic conditions on the Hopi

Reservation are discussed in the

following Annual OEDP Report,’’ and

(c) ‘‘[t]he figures included in the OEDP

Report also provide data on economic

and socioeconomic conditions on the

Hopi Reservation, and reveal the

importance of coal mining and the

minerals industry to the reservation

economic base and the tribal

government revenue system;’’ and

attach the referenced report to the Hopi

Tribe plan;

(18) delete ‘‘Section 884.13(f)(2),

Description of Aesthetic, Cultural and

Recreational Conditions of the Hopi

Reservation,’’ in its entirety;

(19) redesignate Section 884.13(f)(3)

as part ‘‘XIII’’;

(20) provide as ‘‘Appendix 1’’ the

‘‘Constitution and By-Laws of the Hopi

Tribe,’’ which was approved December

19, 1936, and amended on August 1,

1969, February 14, 1980, and December

7, 1993;

(21) provide cover pages for

Appendices 2 through 12 and change

the title of Appendix 7 from ‘‘Hopi

Tribe Resolution H–93–80’’ to ‘‘Hopi

Tribe Resolution H–93–80 and

Subsequent Correspondence to the

Bureau of Census;’’ and

(24) numerous minor editorial and

grammatical revisions and

recodification changes.

The Hopi Tribe also proposes adding

the following items to its plan: (1) a

memorandum dated May 18, 1995, from

the Hopi Tribe’s Assistant General

Counsel affirming the authority of the

Tribe’s AMLR Program to administer the

Hopi Tribe plan as amended in the

absence of any AMLR statute; (2) Hopi

Tribal Resolution H–134–89 that

provides documentation of the Tribe’s

action changing the name of the Office

of Natural Resources to the Department

of Natural Resources; and (3) a

memorandum dated August 31, 1995,

from the Tribe’s Office of Financial

Management that affirms that the Hopi

Tribe ‘‘Purchasing Policies and

Procedures Manual’’ is in accordance

with OMB’s Common Rule.

III. Public Comment Procedures

In accordance with the provisions of

30 CFR 884.15(a), OSM is seeking

comments on whether the proposed

amendment satisfies the applicable plan

approval criteria of 30 CFR 884.14. If the

amendment is deemed adequate, it will

become part of the Hopi Tribe plan.

1. 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 Albuquerque Field Office

will not necessarily be considered in the

final rulemaking or included in the

administrative record.

2. Public Hearing

Persons wishing to testify at the

public hearing should contact the

person listed under FOR FURTHER

INFORMATION CONTACT by 4:00 p.m.,

m.s.t., December 22, 1995. Any disabled

individual who has need for a special

accommodation to attend a public

hearing should contact the individual

listed under FOR FURTHER INFORMATION

CONTACT. The location and time of the

hearing will be arranged with those

persons requesting the hearing. If no one

requests an opportunity to testify at the

public hearing, the hearing will not be

held.

Filing of a written statement at the

time of the hearing is requested as it

will greatly assist the transcriber.

Submission of written statements in

advance of the hearing will allow OSM

officials to prepare adequate responses

and appropriate questions.

The public hearing will continue on

the specified date until all persons

scheduled to testify have been heard.

Persons in the audience who have not

been scheduled to testify, and who wish

to do so, will be heard following those

who have been scheduled. The hearing

will end after all persons scheduled to

testify and persons present in the

audience who wish to testify have been

heard.

3. Public Meeting

If only one person requests an

opportunity to testify at a hearing, a

public meeting, rather than a public

hearing, may be held. Persons wishing

to meet with OSM representatives to

discuss the proposed amendment may

request a meeting by contacting the

person listed under FOR FURTHER

INFORMATION CONTACT. All such meetings

will be open to the public and, if

possible, notices of meetings will be

posted at the locations listed under

ADDRESSES. A written summary of each

meeting will be made a part of the

administrative record.

IV. 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 12778

The Department of the Interior has

conducted the reviews required by

section 2 of Executive Order 12778

(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 Tribe or State AMLR

plans and revisions thereof since each

such plan is drafted and promulgated by

a specific Tribe or State, not by OSM.

Decisions on proposed Tribe or State

AMLR plans and revisions thereof

submitted by a Tribe or State 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 Tribe or State

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.).
Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Proposed Rules 62789

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 Tribe or State

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 Tribe

or State. 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.

List of Subjects in 30 CFR Part 756

Abandoned mine reclamation

programs, Indian lands, Surface mining,

Underground mining.

Dated: November 29, 1995.

James F. Fulton,

Acting Regional Director, Western Regional

Coordinating Center.

[FR Doc. 95–29877 Filed 12–6–95; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 906

[SPATS No. CO–029–FOR]

Colorado Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing on proposed amendment.

SUMMARY: OSM is announcing receipt of

a proposed amendment to the Colorado

regulatory program (hereinafter, the

‘‘Colorado program’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). The proposed

amendment consists of revisions to and

additions of rules pertaining to

Colorado’s responsibility as regulatory

authority for regulating surface coal

mining and reclamation operations and

coal exploration; definitions;

commercial use or sale of coal extracted

during coal exploration; public

availability of information; right of entry

and operation information; public

notice and comment on permit

applications; procedures for review of

permit applications; criteria for permit

approval or denial; permit conditions;

permit revisions; allowance of selfbonds; terms and conditions for selfbonds; criteria and schedule for release

of performance bonds; termination of

jurisdiction; performance standards for

signs and markers, haul and access

roads, effluent standards for discharges

of water from areas disturbed by surface

coal mining and reclamation operations,

blasting, and coal mine waste returned

to underground mine workings;

inspection frequency at abandoned

sites; inspections based upon citizen

requests; enforcement actions at

abandoned sites; show cause orders and

patterns of violations involving

violations of water quality effluent

standards; and award of costs and

expenses including attorney’s fees. The

amendment is intended to revise the

Colorado program to be consistent with

the corresponding Federal regulations,

incorporate the additional flexibility

afforded by the revised Federal

regulations, and improve operational

efficiency.

DATES: Written comments must be

received by 4 p.m., m.s.t. January 8,

1996. If requested, a public hearing on

the proposed amendment will be held

on January 2, 1996. Requests to present

oral testimony at the hearing must be

received by 4 p.m., m.s.t., on December

22, 1995.

ADDRESSES: Written comments should

be mailed or hand delivered to James F.

Fulton at the address listed below.

Copies of the Colorado 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 Denver Field

Division.

James F. Fulton, Chief, Denver Field

Division, Western Regional

Coordinating Center, Office of Surface

Mining Reclamation and

Enforcement, 1999 Broadway, Suite

3300, Denver, CO 80202

Colorado Division of Minerals and

Geology, Department of Natural

Resources, 215 Centennial Building,

1313 Sherman Street, Denver,

Colorado 80203, Telephone: (303)

866–3567.

FOR FURTHER INFORMATION CONTACT:

James F. Fulton, telephone: (303) 672–

5524.

SUPPLEMENTARY INFORMATION:

I. Background on the Colorado Program

On December 15, 1980, the Secretary

of the Interior conditionally approved

the Colorado program. General

background information on the

Colorado program, including the

Secretary’s findings, the disposition of

comments, and the conditions of

approval of the Colorado program can

be found in the December 15, 1980,

Federal Register (45 FR 82173).

Subsequent actions concerning

Colorado’s program and program

amendments can be found at 30 CFR

906.11, 906.15, 906.16, and 906.30.

II. Proposed Amendment

By letter dated November 20, 1995,

Colorado submitted a proposed

amendment to its program

(administrative record No. CO–676)

pursuant to SMCRA (30 U.S.C. 1201 et

seq.).

Colorado submitted the proposed

amendment at its own initiative; in

partial response to May 7, 1986, and

March 22, 1990, letters (administrative

record No. CO–282 and CO–496) that

OSM sent to Colorado in accordance

with 30 CFR 732.17(c); and in response

to (1) the condition of Colorado’s

program approval at 30 CFR 906.11(mm)

and (2) the requirement that Colorado

amend its program at 30 CFR 906.16(a).

Colorado proposes for the following

provisions of 2 CCR 407–2, Rules and

Regulations of the Colorado Mined Land

Reclamation Board for Coal Mining:

Revisions at Rule 1.03.1(1)(a) to

clarify that Colorado’s responsibility for

the regulation of surface coal mining

and reclamation operations and coal

exploration includes, among other

things, approval or disapproval of

revisions and renewals of existing

permits;

Recodification of existing Rule 1.04(1)

as Rule 1.04(1a), and addition at Rule

1.04(1) of a definition for ‘‘Abandoned

site’’ to identify (1) those sites which

could have a decreased frequency of

inspection under proposed Rule

5.0202(8) and (2) the enforcement

provisions applicable to sites which

meet the conditions of the definition;

Addition at Rule 1.04(31a) of a

definition for ‘‘Current assets’’ to mean

‘‘cash or other assets or resources which

are reasonably expected to be converted

to cash or sold or consumed within one

year or within the normal operating

cycle of the business;’’

Addition at Rule 1.04(31b) of a

definition for ‘‘Current liabilities’’ to

mean ‘‘obligations which are reasonably

expected to be paid or liquidated within