Department of the Interior November 29, 2005 – Federal Register Recent Federal Regulation Documents
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Notice of Coal Lease Application-NDM 95104-BNI COAL
BNI Coal Company's Coal Lease Application NDM 95104 for certain coal resources within the Fort Union Coal Region. The land included in Coal Lease Application NDM 95104 is located in Oliver County, North Dakota, and is described as follows:
Receipt of Applications for Permit
The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals.
Notice of Extension of Comment Period for Draft National Park Service Management Policies
The National Park Service (NPS) is proposing to update the policies that guide the management of the National Park System. Original notice of availability of the draft updated ``Management Policies'' was published in the Federal Register on October 19, 2005 [70 FR 60852, October 19, 2005]. That notice stated that comments would be accepted through January 19, 2006. This notice extends the comment period an additional 30 days, through February 18, 2006.
Missouri Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing receipt of a proposed amendment to the Missouri regulatory program (Missouri program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Missouri intends to revise its program to improve operational efficiency. Currently, we are substituting direct Federal enforcement for portions of the Missouri program. With the substitution of Federal enforcement authority, we outlined a process by which Missouri could regain full authority for its program. As part of this process, Missouri proposes to amend its approved regulatory program and submitted a temporary emergency regulatory program rule (emergency rule). The purpose of the emergency rule is to revise Missouri's regulations regarding bonding of surface coal mining and reclamation operations to allow Missouri to transition from a ``bond pool'' approach to a ``full cost bond'' approach. We are announcing receipt of the emergency rule in this rulemaking. Missouri has indicated that, in the near future, it will submit a permanent regulatory program rule (permanent rule) regarding its bonding regulations and that this rule will contain regulatory language that is substantially identical to the language in this emergency rule. If we approve the emergency rule and Missouri submits the permanent rule with language that has the same meaning as the emergency rule, we will publish a final rule and the permanent rule will become part of the Missouri program. This document gives the times and locations that the Missouri program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
Notice of Public Meeting: Northeast California Resource Advisory Council
In accordance with the Federal Land Policy and Management Act of 1976 (FLPMA), and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Northeast California Resource Advisory Council will meet as indicated below.
Notice of Public Meeting, Coeur d'Alene District Resource Advisory Council Meeting; Idaho
In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Coeur d'Alene District Resource Advisory Council (RAC) will meet as indicated below.
Texas Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing receipt of a proposed amendment to the Texas regulatory program (Texas program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Texas proposes revisions to and additions of regulations and statutes regarding the State's annual fees that are required from coal mining permit holders. In addition to the current annual fee, Texas proposes to add two new annual fees. Texas intends to revise its program to reduce the economic cost to the coal mining industry as a whole and to require coal mining permit holders that have ceased mining to pay annual fees. This document gives the times and locations that the Texas program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
Illinois Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving an amendment to the Illinois regulatory program (Illinois program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The Illinois Department of Natural Resources, Office of Mines and Minerals (Department or Illinois) is revising its regulations regarding revegetation success standards, to update statutory citations, to correct regulatory citations, and to clarify language in various provisions. Illinois is revising its program to clarify ambiguities and to improve operational efficiency.
Alaska Regulatory Program
We are approving a proposed amendment to the Alaska regulatory program (the ``Alaska program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Alaska proposed revisions to and additions of rules about the description of geology; probable hydrologic consequences; application requirements for underground mining; requirements for a subsidence control plan; bonding; replacement of water supplies; design requirements for other treatment facilities; design requirements for impoundments; discharges into underground mines; performance standards for disposal of excess spoil or coal mine waste; inspections of excess spoil, underground development waste, or coal processing waste disposal areas; performance standards for mining operations that have thin or thick overburden; sealing requirements for auger holes; as-built plans of underground workings; damage to protected structures caused by subsidence from underground mining; inspections of abandoned sites; administrative procedures and provisions for civil penalties; definitions and provisions governing coal extraction incidental to the extraction of other minerals; exemption from provisions governing coal exploration and surface coal mining and reclamation operations for removal of coal incidental to the extraction of other minerals if the coal is 16\2/3\ percent or less of the total tonnage of minerals removed; definitions; prime farmlands; western alkaline mine initiative; designs, inspections, and certifications by registered professional engineers or other qualified professional specialist experienced or trained in the construction of impoundments and primary roads; coal exploration; reference to ``Standard Methods for the Examination of Water and Wastewater'; requirements concerning topsoil; requirements for surface and ground water monitoring; placement of coal mine waste disposal in excess spoil fills; policy statements; small operator assistance program; blasting; cumulative hydrologic impact assessment; fish and wildlife and the protection and enhancement plan; design and construction requirements for the temporary and permanent diversion of miscellaneous flows; design and construction requirements for both temporary and permanent stream channel diversions; the design and construction requirements for the spillways; drainage control for valley fills and coal waste dams and embankments; petitions for designating lands unsuitable for mining; and roads and low-water crossings. Alaska revised its program to be consistent with the corresponding Federal regulations, clarify ambiguities and improve operational efficiency.
Wyoming Abandoned Mine Land Reclamation Plan
We are announcing receipt of a proposed amendment to the Wyoming abandoned mine land reclamation (AMLR) plan (the ``Wyoming plan'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Wyoming proposes revisions and additions to its AMLR Plan to be consistent with SMCRA by removing phrases concerning liens for reclamation on private lands and by removing and adding words concerning contract eligibility.
Final Supplemental Environmental Impact Statement; Elwha River Ecosystem Restoration Implementation; Olympic National Park, Clallam County, WA; Notice of Approval of Record of Decision
Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(c)) and the regulations promulgated by the Council on Environmental Quality (40 CFR Part 1505.2), the Department of the Interior, National Park Service has prepared and approved a Record of Decision for the Final Supplemental Environmental Impact Statement (Final SEIS) for Elwha River ecosystem restoration at Olympic National Park. The Final SEIS supplements the 1996 implementation EIS, and will serve as a blueprint in guiding implementation of the Elwhat River ecosystem restoration initiative as called for in the 1992 Elwha River Ecosystem and Fisheries Restoration Act. The Environmental Protection Agency's Federal Register published notification of the filing of the Final EIS on September 2, 2005. Decision: As soon as practical Olympic National Park will begin to implement the restoration strategies, mitigations, and projects identified and analyzed as the Preferred Alternative contained in the Final SEIS. This course of action and alternative options were addressed in the Final and Draft SEIS (the availability of the latter for public review was announced in the Federal Register on November 16, 2004). The full range of foreseeable environmental consequences were assessed, and appropriate mitigation measures identified. Both a No Action alternative and ``environmentally preferred'' options were identified and analyzed. Copies: Interested parties desiring to review the Record of Decision may obtain a copy by contacting the Superintendent, Olympic National Park, 600 East Park Ave., Port Angeles, WA 98362; or via telephone request at (360) 565-3000.
Montana Regulatory Program
We are announcing receipt of a proposed amendment to the Montana regulatory program (hereinafter, the ``Montana program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Montana proposes revisions to, additions of, and deletions of rules about: Definitions; permit application requirements; application processing and public participation; application review, findings, and issuance; permit conditions; permit renewal; performance standards; prospecting permits and notices of intent; bonding and insurance; protection of parks and historic sites; lands where mining is prohibited; inspection and enforcement; civil penalties; small operator assistance program (SOAP); restrictions on employee financial interests; blasters license; and revision of permits. Montana intends to revise its program to be consistent with the corresponding Federal regulations and SMCRA, and to clarify ambiguities. This document gives the times and locations that the Montana program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
Schedule of Wekiva River System Advisory Management Committee Meetings
This notice announces a schedule of upcoming meetings for the Wekiva River System Advisory Management Committee.
Notice of Availability of the Draft General Management Plan and Draft Environmental Impact Statement for Pea Ridge National Military Park, AR
Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969, the National Park Service (NPS) announces the availability of the draft general management plan and environmental impact statement (GMP/EIS) for Pea Ridge National Military Park (Park).
Reporting and Paying Royalties on Federal Leases on Takes or Entitlements Basis
The MMS requests comments and suggestions to assist us in proposing regulations regarding so-called ``takes versus entitlements'' reporting and payment of royalties when oil and gas production is commingled upstream of the point of royalty measurement. See IV, Description of Information Requested, for details.
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