Department of the Interior January 26, 2005 – Federal Register Recent Federal Regulation Documents

In accordance with the Federal Advisory Committee Act, the California Bay-Delta Public Advisory Committee will meet jointly with the California Bay-Delta Authority on February 9 and 10, 2005. The agenda for the joint meeting will include reports from the Director, the Lead Scientist, the Independent Science Board, and the BDPAC Subcommittees; information on proposed State legislation and the Environmental Water Account Technical Review Panel Report; updates on the Delta levees and the Delta Improvements Package; and discussions on the Finance Plan Framework Implementation Strategy and the Multi-Year Program Plans with State and Federal agency representatives.

We, the Office of Surface Mining Reclamation and Enforcement (OSM), propose to revise our rules for, and related to, the transfer, assignment, or sale of permit rights. This proposed rule effectuates a settlement agreement we entered into with the National Mining Association (NMA) in connection with NMA's judicial challenge to certain provisions of our December 19, 2000, final ownership and control rule (2000 ownership and control rule or 2000 rule). In this proposed rule, we propose to: Revise the regulatory definitions of transfer, assignment, or sale of permit rights and successor in interest; revise the regulatory provisions relating to transfer, assignment, or sale of permit rights; and create separate rules for successors in interest. The primary purpose of the proposed rule is to distinguish clearly the circumstances that will constitute a transfer, assignment, or sale of permit rights (requiring a regulatory authority's approval and, at a minimum, a permit revision) or result in a successor in interest (requiring the issuance of a new permit) from those that will only require a permittee to provide information updates. The proposed rule also affords us an opportunity to ensure our rules are consistent with recent legal developments. This proposed rulemaking does not suspend or withdraw any of the provisions of our 2000 ownership and control rule, nor does it affect any of our proposed revisions to the 2000 rule published on December 29, 2003. This proposed rule is authorized under the Surface Mining Control and Reclamation Act of 1977, as amended (SMCRA or the Act).