Department of the Interior October 20, 2005 – Federal Register Recent Federal Regulation Documents

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are revising our regulations pertaining to the processing of State program amendments submitted by a State for approval under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The specific regulations being revised govern the standards for determining when proceedings that lead to the substitution of Federal enforcement for all or part of an approved State program should be initiated because of the State's failure to amend its program as directed. These revisions provide us with the discretion to consider additional relevant factors regarding the performance of the State in effectively maintaining its program before determining that proceedings leading to the substitution of Federal enforcement are warranted. We are also revising our regulations that govern the time periods and schedule for processing State program amendments.

Pursuant to the National Environmental Policy Act (NEPA), the Fish and Wildlife Service (Service) advises the public that we intend to gather information necessary to prepare, in coordination with the Kern County Waste Management Department (KCWMD), a joint Draft Environmental Impact Statement/Environmental Impact Report (EIS/EIR) on the Amendment to the Kern County Waste Facilities Habitat Conservation Plan and permit number 830963 (Amendment 1). Amendment 1 is being prepared under Section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended, (ESA). Amendment 1 addresses potential take of threatened and endangered species at Kern County waste facilities due to the proposed expansion of the permit area, new covered activities, and an increase in the number of species covered by Permit 830963. The term of Permit 830963 shall remain at 50 years, expiring in 2047. KCWMD intends to request an ESA permit amendment for 5 species federally listed as threatened or endangered and 14 unlisted species that may become listed during the term of the permit. The Service provides this notice to: (1) Describe the proposed action and possible alternatives; (2) advise other Federal and State agencies, affected Tribes, and the public of our intent to prepare an EIS/EIR; (3) announce the initiation of a public scoping period; and (4) obtain suggestions and information on the scope of issues to be included in the EIS/EIR. Written comments will be accepted at the public meeting. In addition, you may submit written comments by mail or facsimile transmission.