North Dakota Regulatory Program

We are approving an amendment to the North Dakota regulatory program (the "North Dakota program") under the Surface Mining Control and Reclamation Act of 1977 ("SMCRA" or "the Act"). North Dakota intends to revise its program to be consistent with the corresponding Federal regulations. North Dakota submitted the amendment to address required rule changes OSMRE identified by letter to North Dakota dated October 2, 2009, under 30 CFR 732.17(c). These include changes to North Dakota's rules regarding use of the Applicant Violator System (AVS) and ownership and control. North Dakota has met all of the conditions outlined in the 732 letter and has included all applicable revisions and/or additions to their rules. North Dakota is also proposing to add a new subsection to an existing rule with general requirements relating to the format of electronic applications. They are also making a minor correction to another rule pertaining to the term of permits to make it consistent with a separate rule which was previously amended to no longer require renewal of a permit once lands in that permit are no longer being mined or used in the support of surface coal mining.