Daily Rules, Proposed Rules, and Notices of the Federal Government
This document gives the times and locations that the Utah 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.
For detailed instructions on submitting comments and additional information on the rulemaking process, see the "III. Public Comment Procedures" in the
In addition to viewing the docket and obtaining copies of documents at
Section 503(a) of the Act permits a State to assume primacy for the regulation of surface coal mining and reclamation operations on non-Federal and non-Indian lands within its borders by demonstrating that its State program includes, among other things, “a State law which provides for the regulation of surface coal mining and reclamation operations in accordance with the requirements of this Act * * *; and rules and regulations consistent with regulations issued by the Secretary pursuant to this Act.” See 30 U.S.C. 1253(a)(1) and (7). On the basis of these criteria, the Secretary of the Interior conditionally approved the Utah program on January 21, 1981. You can find background information on the Utah program, including the Secretary's findings, the disposition of comments, and the conditions of approval of the Utah program in the January 21, 1981,
By letter dated June 25, 2012, Utah sent us a proposed amendment to its program (Administrative Record Document ID No. OSM-2012-0015-0002) under SMCRA (30 U.S.C. 1201
The provisions of the Utah Administrative Code that Utah proposes to revise, delete and/or add are: R645-100-200, Definitions of Applicant/Violator System (AVS); Control or Controller; Knowingly; Knowing or Knowingly; Owned or Controlled; Own, Owner, or Ownership; Transfer, Assignment, or Sale of Permit Rights; Violation; Violation Notice; Willful or Willfully; Willful Violation; R645-300-132 through -132.520.3, Review of compliance and entry of information into the AVS; R645-300-148.100, Updating personnel info; R645-300-161, Review procedures and preliminary findings on improvidently issued permits; R645-300-162 and -162.300 through -162.320, Review criteria for improvidently issued permits; R645-300-164 through -164.200, Rescission procedures for improvidently issued permits; R645-300-171 through -173, Certifying and updating existing permit application information; R645-300-180 through -185, Post permit issuance requirements for the Division and other actions based on ownership, control, and violation information; R645-301-111.400, Applicant submittal requirements; R645-301-111.500 Division AVS data entry requirements; R645-301-112 through -112.420, Identification of interests; R645-301-113.100, -113.120, -113.300, and -113.340 through -113.360, Violation information required in a permit application; R645-302-240 through -242, -245.210, and -245.300, Permit application requirements for auger mining and remining operations; R645-301-245.410 through -245.420, auger mining and remining backfilling and grading requirements; R645-303-310, Transfer, assignment, or sale of permit rights; R645-400-319, Cessation order notification procedures; R645-403-100 through -133, Criminal penalties and civil actions.
Under the provisions of 30 CFR 732.17(h), we are seeking your comments on whether the amendment satisfies the applicable program approval criteria of 30 CFR 732.15. If we approve the amendment, it will become part of the Utah program.
If you submit written comments, they should be specific, confined to issues pertinent to the proposed regulations, and explain the reason for any recommended change(s). We appreciate any and all comments, but those most useful and likely to influence decisions on the final regulations will be those that either involve personal experience or include citations to and analyses of SMCRA, its legislative history, its implementing regulations, case law, other pertinent Tribal or Federal laws or regulations, technical literature, or other relevant publications.
We cannot ensure that comments received after the close of the comment period (see
Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at anytime. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.
If you wish to speak at the public hearing, contact the person listed under
To assist the transcriber and ensure an accurate record, we request, if possible, that each person who speaks at a public hearing provide us with a written copy of his or her comments. The public hearing will continue on the specified date until everyone scheduled to speak has been given an opportunity to be heard. If you are in the audience and have not been scheduled to speak and wish to do so, you will be allowed to speak after those who have been scheduled. We will end the hearing after everyone scheduled to speak and others present in the audience who wish to speak, have been heard.
If only one person requests an opportunity to speak, we may hold a public meeting rather than a public hearing. If you wish to meet with us to discuss the amendment, please request a meeting by contacting the person listed under
This rule is exempted from review by the Office of Management and Budget (OMB) under Executive Order 12866 (Regulatory Planning and Review).
When a State submits a program amendment to OSM for review, our regulations at 30 CFR 732.17(h) require
Intergovernmental relations, Surface mining, Underground mining.