[Federal Register Volume 60, Number 6 (Tuesday, January 10, 1995)]
[Rules and Regulations]
[Pages 2512-2520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-568]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 936
Oklahoma Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule, approval of amendment.
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SUMMARY: OSM is approving, with additional requirements, a proposed
amendment to the Oklahoma regulatory program (hereinafter referred to
as the ``Oklahoma program'') under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA). Oklahoma proposed to amend its program
by revising its Bond Release Guidelines that include revegetation
success standards and statistically valid sampling techniques, and
guidelines for phase I, II, and III bond release. Oklahoma proposed
revisions pertaining to ground cover; requirements for permanent
impoundments, ponds, diversions, and treatment facilities; calculations
for a technical success standard for productivity; criteria regarding
the selection of test plots for demonstrating success of productivity
on prime farmland cropland; the definition of ``initial establishment
of permanent vegetative cover;'' the repair of rills and gullies as a
normal husbandry practice; a technical document reference; and the
correction of certain typographical errors. The amendment is intended
to revise the Oklahoma program to be consistent with the corresponding
Federal regulations.
EFFECTIVE DATE: January 10, 1995.
FOR FURTHER INFORMATION CONTACT:
James H. Moncrief, Telephone: (918) 581-6430.
SUPPLEMENTARY INFORMATION:
I. Background on the Oklahoma Program
On January 19, 1981, the Secretary of the Interior conditionally
approved the Oklahoma program. General background information on the
Oklahoma program, including the Secretary's findings, the disposition
of comments, and the conditions of approval of the Oklahoma program can
be found in the January 19, 1981, Federal Register (46 FR 4902).
Subsequent actions concerning Oklahoma's program and program amendments
can be found at 30 CFR 936.15, 936.16, and 936.30.
II. Submission of Amendment
On February 17, 1994, Oklahoma submitted a proposed amendment to
its program pursuant to SMCRA (administrative record No. OK-959.01).
Oklahoma submitted the proposed amendment with the intent of revising
the State program to be consistent with the corresponding Federal
standards. Oklahoma submitted the proposed amendment, in part, in
response to required program amendments at 30 CFR 936.16 (a) through
(i) and, in part, at its own initiative.
Oklahoma proposed to amend the Bond Release Guidelines that are
referenced in Oklahoma Administrative Code (OAC) 460:20-43-46(a)(1) and
460:20-45-46(a)(1). Specifically, Oklahoma proposed to revise the Bond
Release Guidelines at subsection I.E.3.b to require ground cover
sufficient to control erosion for approved commercial or industrial
land uses; subsection I.F.3.d to require, on areas previously disturbed
by mining, that ground cover be at least 70 percent and sufficient to
control erosion; subsection I.F.5.b to require that water discharged
from permanent impoundments, ponds, diversions, and treatment
facilities shall meet water quality effluent limitations; subsections
II.B.2.d and III.B.2.d to reference Appendix O for the method for
calculating a technical success standard for productivity on,
respectively, pastureland and grazing land; subsection V.B.2.c to
reference Appendix P for the method for calculating a technical success
standard for productivity of row crops on prime farmland cropland;
subsection V.B.2.d to add criteria regarding the selection of test
plots for demonstrating success of productivity on prime farmland
cropland; subsection V.B.2.e to reference Appendix O for the method for
calculating a technical success standard for productivity of grain or
hay crops on prime farmland cropland; subsection VI.B.2.e to reference
Appendices P and Q for the methods for calculating technical success
standards for productivity of, respectively, row crops and grain or hay
crops on nonprime farmland cropland; Appendix A to add the definition
of ``initial establishment of permanent vegetative cover;'' Appendices
J and P to correct typographical errors; and Appendix V, to add a
technical document reference. [[Page 2513]] In addition, Oklahoma
submitted a letter, dated February 1, 1994, from the U.S. Soil
Conservation Service (SCS) that was intended to provide concurrence
with Appendix R concerning the repair of rills and gullies as a normal
husbandry practice.
OSM published a notice in the March 8, 1994, Federal Register (59
FR 10770) announcing receipt of the amendment and inviting public
comment on its adequacy (administrative record No. OK-959.06). The
public hearing, scheduled for April 4,1994, was not held because no one
requested an opportunity to testify.
During its review of the amendment, OSM identified concerns with
Oklahoma's proposed revisions to the Bond Release Guidelines.
Specifically, OSM identified concerns relating to (1) sections I.E.3,
I.F.3, II.A, and III.A, the need to establish a method to determine
revegetation success standards for diversity, seasonality, permanence,
and regeneration; (2) Appendix O, the method for calculating a
technical productivity standard for success of revegetation on soils
reclaimed for use as pastureland, grazingland, and grain and hay
cropland on both prime and nonprime farmland; (3) subsection V.B.2.d,
phase II bond release requirements for the use of test plots to
demonstrate productivity on reclaimed prime farmland; and (4) Appendix
R, the repair of rills and gullies as a normal husbandry practice. In
addition, OSM identified certain editorial concerns relating to (1)
subsection I.F.5.b, phase III bond release requirements for permanent
drainage control facilities; (2) subsection V.B.2.e, the reference to
Appendix O for the method to calculate a technical productivity
standard on prime farmland for phase II bond release; and (3) Appendix
J, the example calculation for a minimum adequate sample size. OSM
notified Oklahoma of these concerns by letter dated May 20, 1994
(administrative record No. OK-959.10).
Oklahoma responded in a letter dated July 21, 1994, by submitting a
revised amendment and additional explanatory information
(administrative record No. OK-959.11).
Based upon the revisions to and additional explanatory information
for the proposed program amendment submitted by Oklahoma, OSM reopened
the public comment period in the August 9, 1994, Federal Register (59
FR 40505; administrative record No. OK-959.16). The public comment
period closed on August 24, 1994.
By letter dated September 2, 1994 (administrative record No. OK-
959.19), Oklahoma, and in response to an August 29, 1994, comment
letter from SCS (administrative record No. OK-959.18), submitted a
revised amendment. Oklahoma proposed revisions to the Bond Release
Guidelines in Appendices A, F, and O, concerning, respectively, the
definition of ``productivity,'' the method of sampling for production
on pastureland and grazingland, and the methods for calculating a
technical standard for productivity on lands reclaimed for use as
pastureland and grazingland.
Based upon these revisions to the proposed amendment submitted by
Oklahoma, OSM reopened the public comment period in the September 27,
1994, Federal Register (59 FR 49222; administrative record No. OK-
959.22). The public comment period closed on August 12, 1994.
III. Director's Findings
Set forth below, pursuant to SMCRA and the Federal regulations at
30 CFR 732.15 and 732.17, are the Director's findings for the proposed
amendment submitted by Oklahoma on February 17, 1994, as revised by it
on July 21 and September 2, 1994.
1. Nonsubstantive Revisions to the Bond Release Guidelines
Oklahoma proposed, as State initiatives, revisions to the following
previously-approved provisions of the Bond Release Guidelines that are
nonsubstantive in nature and consist of minor editorial changes
(corresponding Federal provisions are listed in parentheses):
Appendix J, Calculation of Minimum Adequate Sample Size (30 CFR
816.116(a)(2) and 817.116(a)(2)), correction of typographical errors
in example calculations, and
Appendix V, References Cited (30 CFR 816.116(a)(2) and
817.116(a)(2)), addition of a reference to Vogel, Willis G., 1987, A
Manual for Training Reclamation Inspectors in the Fundamentals of
Soils and Revegetation.
Because the proposed revisions to these previously-approved
provisions are nonsubstantive in nature, the Director finds that these
proposed revisions in Appendices J and V are no less effective than the
Federal regulations. The Director approves these proposed revisions.
2. Substantive Revisions to Oklahoma's Bond Release Guidelines
a. Subsection I.E.3.b, Phase II bond release requirements for
ground cover on all land uses. At 30 CFR 936.16(a), OSM required that
Oklahoma revise subsection I.E.3.b to clarify that, in cases of
approved commercial or industrial land uses, ground cover must be
sufficient to control erosion (finding No. 2, 58 FR 64374, 64376,
December 7, 1993).
Oklahoma proposed to revise subsection I.E.3.b in the Bond Release
Guidelines to add the requirement that, on areas with an approved
industrial or commercial postmining land use, ground cover must be
sufficient to control erosion.
The Federal regulations at 30 CFR 816.116(b)(4) and 817.116(b)(4)
require that the vegetative ground cover shall not be less than that
required to control erosion on areas to be developed for an industrial,
commercial, or residential land use.
The Director finds that Oklahoma's revision of subsection I.E.3.b
in the Bond Release Guidelines is no less effective than the Federal
regulations at 30 CFR 816.116(b)(4) and 817.116(b)(4). The Director
approves the proposed revision at subsection I.E.3.b and removes the
required amendment at 30 CFR 936.16(a).
b. Subsection I.F.3.d, Phase III bond release requirements for
ground cover on areas previously disturbed by mining, and sections
VII.A and VII.B, phase II and III bond release requirements for ground
cover on areas developed for commercial, industrial, or residential
use. At 30 CFR 936.16(b), OSM required that Oklahoma revise subsection
I.F.3.d to require, prior to phase III bond release on previously mined
areas (areas that were not reclaimed to the requirements of the
permanent regulatory program regulations and that were remined or
otherwise disturbed by mining), that vegetative ground cover shall not
be less than the ground cover existing before redistrubance (finding
No. 3, 58 FR 64374, 64377, December 7, 1993).
Oklahoma proposed to revise subsection I.F.3.d. in the Bond Release
Guidelines to require that the ground cover on reclaimed areas that had
been previously disturbed by mining cannot be less than the ground
cover existing prior to redisturbance. Oklahoma also proposed to revise
subsection I.F.3.d. to require that, if the ground cover prior to
redisturbance was less than 70 percent, the ground cover on the
reclaimed area must be at least 70 percent vegetation and must be
sufficient to control erosion. In effect, Oklahoma proposed that the
ground cover, on reclaimed areas that had been previously disturbed by
mining, cannot be less than 70 percent, must be equal to or greater
than the pre-existing ground cover if it was more than 70 percent, and
must be sufficient to control erosion.
The Federal regulations at 30 CFR 816.116(b)(5) and 817.116(b)(5)
require [[Page 2514]] on previously mined areas that the reclaimed
vegetative ground cover must (1) not be less than the ground cover
existing before redisturbance and (2) be adequate to control erosion.
With the exception of a minimum requirement that ground cover must
be at least 70 percent, Oklahoma's proposed revisions are substantively
identical to the Federal regulations at 30 CFR 816.116(b)(5) and
817.116(b)(5). Oklahoma's proposed requirement that the ground cover on
the reclaimed area must be at least 70 percent vegetation has no
counterpart in the Federal regulations. However, this proposed
requirement is not inconsistent with the Federal regulations and, in
those cases where the ground cover of the previously disturbed area was
less than 70 percent and was sufficient to control erosion, provides
for a greater degree of revegetation of previously mined areas than do
the Federal regulations.
Therefore, the Director finds that Oklahoma's proposed revisions of
subsection I.F.3.d in the Bond Release Guidelines are no less effective
than the Federal regulations at 30 CFR 816.116(b)(5) and 817.116(b)(5).
The Director approves the proposed revisions and removes the required
amendment at 30 CFR 936.16(b).
Oklahoma also required at sections VII.A and B, for phase II and
III bond release on areas developed for commercial, industrial, or
residential land use, that the ground cover must be sufficient to
control erosion. Oklahoma indicated parenthetically that the ground
cover standard would be 70 percent. Oklahoma, at OAC 460:20-43-43(a)(4)
and 460:20-45-43(a)(4), and OAC 460:20-43-46(b)(5) and 460:20-45-
46(b)(5) require respectively that (1) ground cover for all land uses
be capable of stabilizing the soil surface from erosion and (2) ground
cover be not less than that required to control erosion for areas with
an approved industrial, commercial, or residential land use. Therefore,
OSM interprets Oklahoma's parenthetical indication that there must be
70 percent ground cover on land developed for commercial, industrial,
or residential use to be a minimum standard that must be increased if
it is insufficient to control erosion.
c. Subsection I.F.5.b, Phase III bond release requirements for
permanent drainage control facilities. At 30 CFR 936.16(d), OSM
required that Oklahoma revise subsection I.F.5.b to require that water
discharged from permanent impoundments, ponds, diversions, and
treatment facilities meet applicable water quality effluent limitations
in addition to not degrading the quality of receiving water below
applicable water quality standards (finding No. 5, 58 FR 64374, 64378,
December 7, 1993).
Oklahoma proposed to revise subsection I.F.5.b in the Bond Release
Guidelines to require that water discharged from permanent
impoundments, ponds, diversions, and treatment facilities shall meet
applicable water quality effluent limitations and not degrade the
quality of receiving waters to less than the water quality standards
pursuant to applicable State and Federal laws.
The Federal regulations at 30 CFR 816.49(b)(2) and 817.49(b)(2)
require for permanent impoundments that the quality of impounded water
will meet applicable State and Federal water quality standards, and
discharges will meet applicable effluent limitations and will not
degrade the quality of receiving water below applicable State and
Federal water quality standards.
The Director finds that Oklahoma's proposed revisions of subsection
I.F.5.b in the Bond Release Guidelines are substantively identical to
and no less effective than the Federal regulations at 30 CFR
816.49(b)(2) and 817.49(b)(2). Therefore, the Director approves the
proposed revisions and removes the required amendment at 30 CFR
936.16(d).
d. Subsections II.B.2.d, III.B.2.d, and V.B.2.c, Phase III bond
release requirements for productivity on pastureland, phase III bond
release requirements for productivity on grazingland, and phase II bond
release requirements for productivity on prime farmland cropland. At 30
CFR 936.16(f), OSM required that Oklahoma revise subsections II.B.2.d,
III.B.2.d, and V.B.2.c to state that productivity standards proposed by
an applicant that are not calculated using the method described in
Appendix O must be approved by both Oklahoma and OSM (finding No. 6.b,
58 FR 64374, 64378, December 7, 1993).
Oklahoma proposed to revise subsections II.B.2.d and III.B.2.d in
the Bond Release Guidelines to require that, when a reference area is
not used, a technical success standard for productivity on pastureland
and grazingland be calculated by using the method described in Appendix
O. Oklahoma also proposed to revise subsection V.B.2.c in the Bond
Release Guidelines to require that, when a reference area is not used,
a technical success standard for productivity on prime farmland
cropland be calculated by using the method described in Appendix O.
The Federal regulations at 30 CFR 816.116(a)(1) and 817.116(a)(1)
require that standards for revegetation success shall be selected by
the regulatory authority and included in an approved regulatory
program. OSM previously approved the methods for calculating technical
success standards for productivity in Appendix O in the Bond Release
Guidelines.
By referencing Appendix O in subsections II.B.2.d, III.B.2.d, and
V.B.2.c, Oklahoma has, in effect, limited technical success standards
for productivity on pastureland, grazingland, and prime farmland
cropland to only those standards calculated using the methods described
in Appendix O.
Because Oklahoma no longer allows unspecified methods that OSM
would not have an opportunity to approve, and because OSM previously
approved Appendix O, the Director finds that the proposed revisions of
subsections II.B.2.d, III.B.2.d, and V.B.2.c in the Bond Release
Guidelines are no less effective than the Federal regulations at 30 CFR
816.116(a)(1) and 817.116(a)(1). The Director approves the proposed
revisions and removes the required amendment at 30 CFR 936.36(f).
e. Subsections IV.A.1.a and b and Sections VII.A and B, Phase III
bond release requirements for diversity, seasonality, permanence, and
regeneration. At 30 CFR 936.16(c), OSM required that Oklahoma revise
the Bond Release Guidelines to identify the revegetation success
standards and sampling methods for diversity, seasonality, permanence,
and regeneration that will be applied for all land uses prior to phase
III bond release (finding No. 1.a, 58 FR 64374, 64375, December 7,
1993).
Oklahoma proposed to revise subsections IV.A.1.a and b, and
sections VII.A and B in the Bond Release Guidelines, to require, prior
to phase II and III bond release on reclaimed areas with a designated
land use of forestry, wildlife habitat, recreation, industrial,
commercial, or residential, that the bond release areas must meet
permit-specific standards for diversity, seasonality, permanence, and
regeneration.
For phase II bond release on pastureland and grazingland,
subsections II.A.1.g and III.A.1.g in the Bond Release Guidelines
require that perennial species not listed in the approved reclamation
plan (but approved by Oklahoma as desirable and compatible with the
postmining land use) cannot exceed 20 percent of total ground cover
with no more than 5 percent ground cover by any one of these species.
Subsections II.A.1.f and III.A.1.f in the Bond Release Guidelines
[[Page 2515]] require, for phase II bond release on pastureland and
grazingland, that no more than 10 percent litter and 10 percent
desirable annual or biennial forbs can be counted as acceptable ground
cover in any single sampling unit. For phase III bond release on
pastureland and grazingland, subsections II.B.1.a and III.B.1.a in the
Bond Release Guidelines refer the reader to the phase II standards.
As discussed above, Oklahoma does require, for phase II and III
bond release on pastureland and grazingland, standards which reflect
permanence, seasonality, and regeneration on pastureland and
grazingland. However, Oklahoma has not revised the Bond Release
Guidelines to address how it would evaluate the reclaimed area for
diversity of permanent species prior to phase III bond release on
pastureland and grazingland.
The Federal regulations at 30 CFR 816.116(a) and 817.116(a) require
that the success of revegetation shall be judged on, among other
things, the requirements of 30 CFR 816.111 and 817.111. The Federal
regulations at 30 CFR 816.116(a)(1) and 817.116(a)(1) require that all
success standards and sampling techniques must be included in an
approved regulatory program. Therefore, success standards and sampling
techniques must incorporate the various requirements at 30 CFR 816.111
and 817.111 and be approved by OSM. The Federal regulations at 30 CFR
816.111 and 817.111 require, among other things, that a permittee
establish where appropriate a vegetative cover that is diverse,
effective, and permanent (referred to as diversity and permanence). The
Federal regulations at 30 CFR 816.111 and 817.111 also require a
permittee to reestablish plant species that have the same seasonal
characteristics of growth as the original vegetation and are capable of
self-regeneration and plan succession (referred to as seasonality and
regeneration).
Standards reflecting diversity, seasonality, permanence, and
regeneration on areas with designated land uses of forestry, fish and
wildlife habitat, commercial, industrial, and recreation are
appropriately addressed on a permit-specific basis, as proposed by
Oklahoma, because the standards will vary with the actual needs
specific to the area being reclaimed. For example, there may be no need
for a diversity standard for an area to reclaimed to an industrial,
commercial, or residential land use where reclamation will probably
employ a single-species ground cover established for erosion control,
but there may be a need for a significant diversity/seasonality
standard for an area to be reclaimed to as a wildlife habitat targeted
for specific wildlife species.
Therefore, with respect to areas designated for use as forestry,
wildlife habitat, recreation, industrial, commercial, or residential,
the Director finds that the proposed revisions at subsections IV.A.1.a
and b, and sections VII.A and B in the Bond Release Guidelines are no
less effective than the Federal regulations at 30 CFR 816.116(a),
817.116(a), 816.111, and 817.111, and approves them.
With respect to areas designated for use as pastureland and
grazingland, the Director finds that the Bond Release Guidelines are
less effective than the Federal regulations at 30 CFR 816.116(a),
817.116(a), 816.111, and 817.111 because Oklahoma has not addressed how
it will evaluate the reclaimed area for diversity of permanent species
prior to phase III bond release. Therefore, the Director is revising
the required amendment at 30 CFR 936.16(c) to require that Oklahoma
revise sections II.B and III.B in the Bond Release Guidelines to
address how it will evaluate diversity prior to phase III bond release
on areas designated for use as pastureland and grazingland.
f. Subsections V.B.2.d and V.B.2.e, Phase II bond release
requirements for the use of test plots to demonstrate productivity on
reclaimed prime farmland cropland. At 30 CFR 936.16(g), OSM required
that Oklahoma revise subsection V.B.2.d to either remove the allowance
for the use of test plots as a means of demonstrating productivity
success on prime farmlands, or submit a method for demonstrating that
the test plots would be representative at a 90-percent statistical
confidence level of the total reclaimed prime farmland bond release
area. OSM also required Oklahoma to consult with SCS for the proposed
method and to document this consultation (finding No. 6.c, 58 FR 64374,
64379, December 7, 1993).
Oklahoma, at OAC 460:20-43-46(c)(2) and 460:20-45-46(c)(2),
requires that the measurement period for determining revegetation
success of cropland exceed the approved standards any 2 years of the
responsibility period, except the first year. Oklahoma's Bond Release
Guidelines at subsection V.B.2.a and OAC 460:20-49-8(b)(3) require, for
phase II bond release on reclaimed prime farmland, that the measurement
period for determining the average annual crop production be a minimum
of 3 crop years. OSM interprets Oklahoma's rules and Bond Release
Guidelines to require, for phase II bond release on reclaimed prime
farmland, that a permittee demonstrate success of productivity with 3
years of crop production during the responsibility period, except the
first year.
Subsection V.B.2.d provides for the use of test plots, as an
alternative to use of the total reclaimed area, for measuring the
success of productivity on prime farmlands. Oklahoma proposed to revise
subsection V.B.2.d to require that selected test plots must be
representative of geology, soil, and slope of the reclaimed prime
farmland area, and, if the test plots are not properly managed during
the liability period, they will lose eligibility as a comparison
method.
Oklahoma also proposed to revise section V.B.2 by adding a new
subsection V.B.2.e that sets forth criteria that must be used to
establish test plots in the reclaimed bond release area. At subsections
V.B.2.e (1) through (4), Oklahoma proposed to require the following
criteria:
(1) A contiguous prime farmland or cropland area represents a
single population, test plots are selected at random throughout the
contiguous reclaimed area. Appendix C [Methods of Randomized
Selection of Sampling Locations] provides methods of selecting
randomized sampling locations.
(2) Each test plot represents one sample. Appendix Q [Minimum
Sample Size for Row Crops in Prime Farmland (or Nonprime Farmland)
Production Determination] provides the minimum sample size formulas
for measuring row crops for production standards on prime farmland.
(3) The size of the test plot should be based on the sampling
technique (i.e., hand sampling, machine harvest, etc.) that will be
used to evaluate crop production. In addition, the plots should be
large enough so that impact of any edge effect would be avoided.
(4) The methods for measuring row crop production on prime
farmlands is shown in Appendix P [Methods for Measuring Row Crops in
Prime Farmland (and Nonprime Farmland) Production].
Oklahoma did not submit evidence of consultation with SCS regarding the
use of test plots for measuring productivity on prime farmland.
The Federal regulations at 30 CFR 816.116(a)(2) and 817.116(a)(2)
require that reclaimed areas be managed in the same manner as unmined
lands with the same land use in the region of the reclaimed area. The
Federal regulations at 30 CFR 823.15(b)(2) require that soil
productivity shall be measured on a representative sample or on all of
the mined and reclaimed prime farmland area using the reference crop
determined under 30 CFR 823.15(b)(6), and also require that a
statistically valid sampling technique at a 90-percent or
[[Page 2516]] greater statistical confidence level shall be used as
approved by the regulatory authority in consultation with SCS.
The Director finds that Oklahoma's proposed requirements for the
management of test plots at subsection V.B.2.d are substantively
identical to and no less effective than the requirements of 30 CFR
816.116(a)(2) and 817.116(a)(2). Because Oklahoma proposed criteria for
establishment of test plots within the reclaimed area that should
ensure that the test plots will be representative at a 90-percent
statistical confidence level of the total reclaimed prime farmland bond
release area, the Director finds that subsections V.B.2.e (1) through
(4) are no less effective than the requirements of 30 CFR 823.15(b)(2).
The Director approves the proposed revisions at subsections V.B.2.d and
V.B.2.e (1) through (4).
However, because Oklahoma did not submit evidence of consultation
with SCS as required by the Federal regulations at 30 CFR 823.15(b)(2)
for development of statistically valid sampling techniques used on
reclaimed prime farmlands, the Director is revising the required
amendment at 30 CFR 936.16(g) to require that Oklahoma must submit,
before Oklahoma allows the use of test plots as proposed at subsections
V.B.2.d and V.B.2.e in the Bond Release Guidelines, evidence of
consultation with SCS regarding the use of test plots as a
statistically valid sampling technique for demonstrating success of
productivity on prime farmlands.
g. Subsections V.B.2.f and VI.B.2.e, Phase II bond release
requirements for productivity on prime farmland cropland. At 30 CFR
936.16(e), OSM required that Oklahoma revise subsections V.B.2.e and
VI.B.2.e to reference Appendix O for the methods to calculate the
technical productivity standards for hay crops on prime and nonprime
farmland cropland, and to cite the reference for the methods for
calculating technical productivity standards that are in Appendix O
(finding No. 6.a, 58 FR 64374, 64378, December 7, 1993).
Oklahoma proposed to revise section V.B.2 by adding a new paragraph
(e) and redesignating existing paragraph (e) as (f) (see finding No.
2.f for a discussion of new subsection V.B.2.e). Oklahoma proposed to
revise subsection V.B.2.f, requirements for phase II bond release on
prime farmland cropland, by stating that the method to calculate the
technical productivity standard for grain or hay crops on prime
farmland cropland is in Appendix O. Oklahoma proposed to revise
subsection VI.B.2.e, requirements for phase III bond release on
nonprime farmland cropland, by stating that the method to calculate the
technical productivity standard for grain or hay crops on nonprime
farmland cropland is in Appendix O (see finding No. 2.h for discussion
of an additional proposed revision at subsection VI.B.2.e). In
addition, Oklahoma stated in its transmittal letter for the proposed
amendment that the reference for the methods for calculating technical
productivity standards in Appendix O is the ``Technical Guides on Use
of Reference Areas and Technical Standards for Evaluating Surface Mine
Vegetation in OSM Regions I and II,'' which is listed in the Bond
Release Guidelines in Appendix V.
The Federal regulations at 30 CFR 816.116(a)(1) and 817.116(a)(1)
require that standards for success and statistically valid sampling
techniques for measuring success shall be selected by the regulatory
authority and included in an approved regulatory program.
By clearly referencing Appendix O, Oklahoma requires that a
calculated technical productivity standard be calculated by the methods
described in Appendix O, and has therefore proposed, in its regulatory
program, an alternative standard (to the standard determined by a
reference area) for measuring success of revegetation on prime and
nonprime farmlands.
The Director finds that subsections V.B.2.f and VI.B.2.e in the
Bond Release Guidelines are no less effective than the Federal
regulations at 30 CFR 816.116(a)(1) and 817.116(a)(1). The Director
approves the proposed revisions of subsections V.B.2.f and VI.B.2.e and
removes the required amendment at 30 CFR 936.16(e).
h. Subsection VI.B.2.e, Phase II bond release requirements for
productivity on nonprime farmland cropland. Because subsection VI.B.2.e
pertains to productivity on nonprime farmland cropland, OSM required,
at 30 CFR 936.16(h), that Oklahoma revise subsection VI.B.2.e to change
``prime farmland cropland'' to ``nonprime farmland cropland'' when
referencing Appendix P for the methods to measure row crop production
(finding No. 6.d, 58 FR 64374, 64379, December 7, 1993).
Oklahoma proposed to revise subsection VI.B.2.e in the Bond Release
Guidelines to state that the methods for measuring row crop production
on nonprime farmland cropland are described in Appendix P.
The Federal regulations at 30 CFR 816.116(a)(1) and 817.116(a)(1)
require that standards for success and statistically valid sampling
techniques for measuring success shall be selected by the regulatory
authority and included in an approved regulatory program.
By clarifying that the sampling methods for measuring row crop
production on nonprime farmland cropland are in Appendix P, Oklahoma
has proposed, in its regulatory program, sampling methods for measuring
success of revegetation for nonprime farmland cropland.
The Director finds that subsection VI.B.2.e in the Bond Release
Guidelines is no less effective than the Federal regulations at 30 CFR
816.116(a)(1) and 817.116(a)(1). The Director approves the revision of
subsection VI.B.2.e and removes the required amendment at 30 CFR
936.16(h).
i. Appendix A, Definition of ``productivity''. Oklahoma previously
defined, in Appendix A, the term ``productivity'' to mean
[T]he amount of harvestable standing biomass of desirable
species. Standing biomass is the aboveground living portion and the
attached litter portion of plants produced within a given growing
season. Horizontal runners of stoloniferous plants are also
included.
(Emphasis added). Oklahoma proposed, at its own initiative and in
response to an SCS comment, a revised definition of ``productivity'' to
refer to ``[t]he amount of total standing biomass of desirable
species'' (emphasis added).
There is no counterpart definition for ``productivity'' in the
Federal regulations; however, the Federal regulations at 30 CFR
816.116(a)(2) and 817.116(a)(2) require that standards for success
shall include criteria representative of unmined lands in the area
being reclaimed to evaluate the appropriate vegetation parameters of
ground cover, production, or stocking. Although not explicitly stated,
the production parameter must be representative of the total
productivity the reclaimed soils were capable of before mining.
Oklahoma, by substituting ``total standing biomass'' for ``harvestable
standing biomass,'' has proposed that the term ``productivity'' refers
to the total productivity the reclaimed soils were capable of before
mining.
The Director finds that Oklahoma's proposed definition of
``productivity'' in Appendix A in the Bond Release Guidelines is no
less effective than the Federal regulations at 30 CFR 816.116(a)(2) and
817.116(a)(2) and approves it.
j. Appendices A and R, Definition of ``initial establishment of
permanent vegetative cover'' and the ``repair of rills and gullies'' as
a normal husbandry practice. At 30 CFR 936.16(i), OSM required that
Oklahoma revise Appendix R to either remove any reference to the
proposed treatment of [[Page 2517]] rills and gullies as a normal
husbandry practice, or specify what constitutes ``initial vegetation
establishment'' and submit either the actual SCS guideline described in
Appendix R or a letter from SCS to Oklahoma stating that the practices
described in Appendix R are considered normal husbandry practices for
the repair of rills and gullies in the State of Oklahoma (finding No.
7, 58 FR 64374, 64379, December 7, 1993).
Appendix R in Oklahoma's Bond Release Guidelines includes the
``Guidelines for the Repair of Rills and Gullies.'' These guidelines
require that the repair of rills and gullies restart the revegetation
liability period unless the occurrences and treatment of such rills and
gullies constitute a normal conservation practice in the region.
Oklahoma sets forth in Appendix R these normal conservation practices,
which are the treatment practices that are considered the degree of
management customarily performed to prevent exploitation, destruction,
or neglect of the soil resource and maintain the productivity of the
land use. In Appendix R, Oklahoma requires that the treatment of rills
and gullies requiring permanent reseeding of more than 10 acres in a
contiguous block or 10 percent of a permit area initially seeded during
a single year shall be considered an augmentative practice.
Oklahoma proposed to revise Appendix R to require that any
treatment of rills and gullies after ``initial establishment of
permanent vegetative cover'' shall also be considered an augmentative
practice that would restart the liability period. In addition, Oklahoma
proposed to revise Appendix A in the Bond Release Guidelines to define
``initial establishment of permanent vegetative cover'' to mean
[T]he time period between the bond liability start date and
final approval of the Phase II bond release on the permit or
increment of the permit.
At section I.A.1 in the Bond Release Guidelines, Oklahoma requires
that the liability period for revegetation success on reclaimed lands
begins with the successful completion of initial planting of all
required permanent vegetation species on a site. Therefore, Oklahoma
proposed to allow the repair of rills and gullies without restarting
the liability period during the time period between successful
completion of initial planting and initial establishment of permanent
vegetative cover. After phase II bond release, any repair of rills and
gullies in the bond release area would be considered an augmentative
practice that would restart the liability period.
The Federal regulations at 30 CFR 816.116(c)(4) and 817.116(c)(4)
provide that the regulatory authority may approve selective husbandry
practices as normal husbandry practices (excluding augmented seeding,
fertilization, or irrigation), provided it obtains prior approval of
these practices from the Director of OSM in accordance with 30 CFR
732.17. These practices can be implemented as normal husbandry
practices without extending the period of responsibility for
revegetation success and bond liability, if such practices can be
expected to continue as part of the postmining land use or if
discontinuance of the practices after the liability period expires will
not reduce the probability of permanent revegetation success. Approved
husbandry practices must be normal husbandry practices within the
region for unmined lands having land uses similar to the approved
postmining land use of the disturbed area, and include such practices
as disease, pest, and vermin control, and any pruning, reseeding, and
transplanting specifically necessitated by such actions.
Because Oklahoma has defined the term ``initial establishment of
permanent vegetative cover,'' it is possible to determine when an
operator must consider the repair of rills and gullies an augmentative
practice that would restart the liability period.
Oklahoma also submitted, as part of the Bond Release Guidelines a
letter, dated February 1, 1994, from the Oklahoma State Office of SCS.
In this letter, SCS stated that
[W]e have reviewed the Oklahoma Department of Mines proposed
guidelines for the repair of rills and gullies on reclaimed mine
land in Oklahoma. We believe these guidelines are complete and
adequate for reclamation if they are followed by the operator.
In addition, in a March 14, 1994, letter to OSM (administrative
record No. OK-959-.07), SCS commented that
Appendix R represents normal practices that would be used for
gully control in the State of Oklahoma.
Therefore, because Oklahoma has adequately demonstrated that the
practices for the repair of rills and gullies in Appendix R are
supported by SCS as an acceptable land management technique for similar
situations in the State of Oklahoma, the Director finds that Oklahoma's
proposal in Appendix R for the repair of rills and gullies as a normal
husbandry practice is no less effective than the Federal regulations at
30 CFR 816.116(c)(4) and 817.116(c)(4). The Director approves the
proposed definition of ``initial establishment of permanent vegetative
cover'' in Appendix A and, as specified in Appendix R, the repair of
rills and gullies as a normal husbandry practice, and removes the
required amendment at 30 CFR 936.16(i).
k. Appendices F and O, Methods of production sampling and methods
for calculation of technical productivity standards on pastureland and
grazingland. Oklahoma presented, in Appendix O, an example of the
method for calculating a technical productivity standard using soil
yield figures expressed in animal unit months (AUM's) that are
published in SCS county soil surveys. This example calculation was
applicable to lands reclaimed for use as pastureland and grazingland.
In response to OSM's May 20, 1994, issue letter, Oklahoma proposed
to revise Appendix O to require the use of SCS county survey soil
supplements, if available, and if not available, to use SCS county soil
surveys; and to include a separate example calculation for a technical
productivity standard on grazingland based on a direct comparison for
total productivity with SCS soil productivity figures expressed in
pounds per acre (rather than AUM's).
In response to SCS comments, Oklahoma, at its own initiative,
proposed to further revise the Bond Release Guidelines. Oklahoma
revised Appendix F, concerning the method of production sampling, to
(1) recommend that pastureland or grazingland with a predominance of
warm season species be clipped during September or October and
pastureland or grazingland with a predominance of cool species be
clipped during May or June, and (2) requires that all production
samples be clipped to ground level. Oklahoma also proposed to further
revise Appendix O, concerning the methods of calculating technical
productivity standards on pastureland and grazingland, to (1) require
that the SCS soil productivity figure expressed in AUM's be multiplied
by 1560 in the calculation for a technical productivity standard on
pastureland, and (2) clarify that clipping is a direct comparison using
the calculation for a technical productivity standard on grazingland
based on soil productivity figures expressed in pounds per acre.
The Federal regulations at 30 CFR 816.116(a)(1) and 817.116(a)(1)
require that standards for success and statistically valid sampling
techniques for measuring success shall be selected by the regulatory
authority and included in an approved regulatory program. The Federal
regulations at 30 CFR 816.116(a)(2) and 817.116(a)(2) also
[[Page 2518]] require that standards for success shall include criteria
representative of unmined lands in the area being reclaimed to evaluate
the appropriate vegetation parameters of ground cover, production, or
stocking.
Oklahoma's proposed revisions of Appendices F and O will ensure
that, on land reclaimed for use as pastureland or grazingland, the
demonstration of success of restored productivity, based on technical
standards derived from SCS soil surveys, accurately represents the
productive potential of similar soils in the region.
The Director finds that Oklahoma's proposed revisions of Appendices
F and O are no less effective than the Federal regulations at 30 CFR
817.116(a) (1) and (2) and 817.116(a) (1) and (2). The Director
approves them.
IV. Summary and Disposition of Comments
1. Public Comments
OSM invited public comments on the proposed amendment, but none
were received.
2. Agency Comments
Pursuant to 732.17(h)(11)(i), OSM solicited comments on the
proposed amendment from various Federal agencies with an actual or
potential interest in the Oklahoma program (administrative record No.
OK-960).
a. SCS. On March 14, 1994, SCS responded with the following
comments (administrative record No. OK-959.07). SCS (1) recommended
that Oklahoma use the terms ``native grazingland'' and ``introduced
grazingland'' in place of the terms ``grazingland'' and
``pastureland;'' (2) recommended revision of the method described in
Appendix O to calculate a technical standard, for total production on
grazingland and pastureland; and (3) stated that the methods described
for treatment of rills and gullies in Appendix R represent normal
practices used for gully control in the State of Oklahoma.
With respect to the recommendation that Oklahoma use the terms
``introduced grazingland'' and ``native grazingland'' in place of the
terms ``pastureland'' and ``grazingland,'' the Federal regulations at
30 CFR define (1) ``pastureland'' to mean land used primarily for the
long-term production of adapted, domesticated forage plants to be
grazed by livestock or occasionally cut and cured for livestock feed,
and (2) ``grazingland'' to mean land used for grasslands and forest
lands where the indigenous vegetation is actively managed for grazing,
browsing, or occasional hay production. In addition, Oklahoma's rules
at section 701.5 include definitions of ``pastureland'' and
``grazingland'' that are identical to the Federal regulations.
Oklahoma, in Appendix O of the Bond Release Guidelines, refers to
``pastureland'' and ``grazingland'' as, respectively, improved pasture
grasses and native range grasses. Therefore, because Oklahoma's use of
the terms ``pastureland'' and ``grazingland'' in the Bond Release
Guidelines is consistent with and no less effective than the use of
these terms in Oklahoma rules and the Federal regulations, the Director
is not requiring that Oklahoma revise the amendment in response to this
comment.
With respect to the recommendation that Oklahoma revise the method
described in Appendix O to calculate a technical standard for total
production on grazingland and pastureland, OSM required in its May 20,
1994, issue letter that Oklahoma revise the method described in
Appendix O to accurately represent the total productive potential of
soils based on SCS soil county survey productivity figures expressed in
AUM's. Oklahoma responded in its July 21, 1994, revised amendment with
explanatory information and revisions to Appendix O that addressed
OSM's issue letter with respect to the calculation of a technical
standard for total production on grazingland. However, in response to
additional August 29, 1994, SCS comments concerning the calculation of
a technical standard for total production on pastureland, Oklahoma, at
its own initiative, proposed further revisions to Appendix O in its
September 2, 1994, revised amendment (see finding No. 2.K).
With respect to the comment that the methods described for
treatment of rills and gullies in Appendix R represent normal practices
used for gully control in the State of Oklahoma, the Director, as
discussed in finding No. 2.f above, is approving the guidelines for
repair of rill and gullies in Appendix R as a normal husbandry
practice.
SCS also responded on August 29, 1994, with the following comments
(administrative record No. OK-959.18). SCS again recommended, that
because both the terms ``pastureland'' and ``grazingland'' as used by
Oklahoma in Appendix O can mean grazingland, Oklahoma use either
``native grazingland'' or ``rangeland'' in place of the term
``grazingland.'' As discussed above, in response to a similar comment
made by SCS in its March 14, 1994, letter, OSM is not requiring that
Oklahoma revise the Bond Release Guidelines in response to this
comment.
SCS recommended another means of revising the method for
calculating a technical productivity figure on pastureland in Appendix
O of Oklahoma's Bond Release Guidelines. SCS recommended revising
Appendix O to instruct the permittee to convert the SCS soil survey AUM
productivity figure to an air-dried pounds of production per acre
figure. The conversion would take into consideration the 50 percent
utilization rate that is inherent in the AUM figure by doubling the
pounds of vegetation consumed by one animal (780 pounds per acre). That
is the SCS AUM productivity figure must be multiplied by 1560 to
convert it to a production figure in pounds per acre. This converted
figure would reflect the total soil production potential.
In addition, SCS recommended that Oklahoma revise Appendix F to
require that each sample be clipped to the ground and that the area be
sampled once in the spring for cool season grasses and once in the fall
for warm season grasses. SCS also commented that the native grass
figures listed in an SCS soil survey are direct production figures and
therefore, clipping on grazingland will be a direct comparison.
In response to these SCS comments, Oklahoma, at its own initiative,
in its September 2, 1994, submittal, revised, as recommended by the
SCS, (1) Appendix F, concerning the method of production sampling, and
(2) Appendix O, concerning the methods of calculating technical
productivity standards on pastureland and grazingland. As discussed in
finding No. 2.k above, the Director is approving Oklahoma's proposed
revisions of Appendices F and O.
SCS commented that because of variability in weather and soil
conditions, and interpolation of data, that the applicable productivity
levels should be set at 90 percent of the yield goal. The Federal
regulations at 30 CFR 816.116(a)(2) and 817.116(a)(2) and Oklahoma's
rules at OAC 460:20-45-46(a)(2), require for success of revegetation
that the operator demonstrate that it has achieved 90 percent of the
success standard. In other words, the operation must, in order to
demonstrate success of productivity, meet only 90 percent of the
technical success standard that is calculated by the methods described
in Appendix O of Oklahoma's Bond Release Guidelines. Therefore, because
the Federal regulations and State rules already provide for the SCS
recommendation, OSM is not requiring that Oklahoma further revise the
Bond Release Guidelines in response to this comment. [[Page 2519]]
SCS commented that Oklahoma should revise the definition of
``productivity'' in Appendix A in the Bond Release Guidelines to refer
to the ``amount of total standing biomass'' rather than ``harvestable
standing biomass.'' In response to this SCS comment, Oklahoma at its
own initiative in its September 2, 1994, submittal, revised the
definition of ``productivity'' as recommended by the SCS. As discussed
in finding No. 2.i above, the Director is approving Oklahoma's proposed
revision of the definition of ``productivity'' in Appendix A.
Finally, SCS responded on October 14, 1994, that because all
revisions previously discussed with the Oklahoma State Office had been
included in Oklahoma's September 2, 1994, revised amendment, it had no
further comments (administrative record No. OK-959.25).
b. Other Federal agencies. The U.S. Fish and Wildlife Service
responded on February 15 and August 3, 1994, that it had no comments on
the proposed amendment (administrative record Nos. OK-959.02 and OK-
959.13).
The U.S. Bureau of Mines responded on February 16 and September 25,
1994, that it had no comments regarding the proposed amendment
(administrative record Nos. OK-959.03 and OK-959.23).
The U.S. Army Corps of Engineers responded on February 25, August
10, and September 30, 1994, that the proposed revisions were
satisfactory (administrative record Nos. OK-959.04, OK-959.17, and OK-
959.24).
The U.S. Bureau of Land Management responded on October 12, 1994,
that the Bond Release Guidelines appeared to be technically correct
(administrative record No. OK-959.26).
3. Environmental Protection Agency (EPA) Concurrence and Comments
Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to solicit
the written concurrence of EPA with respect to those provisions of the
proposed program amendment that relate to air or water quality
standards promulgated under the authority of the Clean Water Act (33
U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).
None of the revisions that Oklahoma proposed to make in its
amendment pertain to air or water quality standards. Therefore, OSM did
not request EPA's concurrence.
Pursuant to 732.17(h)(11)(i), OSM solicited comments on the
proposed amendment from EPA (administrative record No. OK-960). EPA
responded on August 24, 1994, that it had no objections to approval of
the proposed revisions (administrative record No. OK-962).
4. State Historic Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Pursuant to 30 CFR 732.17(h)(4), OSM solicited comments on the
proposed amendment from the SHPO and ACHP (administrative record No.
OK-960). Neither SHPO nor ACHP responded to OSM's request.
V. Director's Decision
Based on the above findings, the Director approves, with additional
requirements, Oklahoma's proposed amendment as submitted on February
17, 1994, and as revised and supplemented with additional explanatory
information on July 21 and September 2, 1994.
With the requirement that Oklahoma further revise the Bond Release
Guidelines, the Director approves, as discussed in: finding No. 2.e,
subsections IV.A.1.a and b, and sections VII.A and B, concerning
revegetation success standards for diversity, seasonality, permanence,
and regeneration; and finding No. 2.f, subsections V.B.2.d and V.B.2.e,
concerning the use of test plots as a statistically valid sampling
technique for demonstrating success of productivity on prime farmlands.
The Director approves Oklahoma's revisions to the Bond Release
Guidelines, as discussed in: finding No. 1, Appendices J and V,
concerning nonsubstantive editorial revisions; finding No. 2.a,
subsection I.E.3.b, concerning requirements for ground cover on land
reclaimed for commercial or industrial use; finding No. 2.b, subsection
I.F.3.d, concerning requirements for ground cover on previously mined
areas; finding No. 2.c, subsection I.F.5.b, concerning the requirements
for water discharged from permanent impoundments, ponds, diversions,
and treatment facilities; finding No. 2.d, subsections II.B.2.d,
III.B.2.d, and V.B.2.c, concerning the method for calculating a
technical productivity standard on pastureland, grazingland, and prime
farmland; finding No. 2.g, subsections V.B.2.f and VI.B.2.e, concerning
the method for calculating a technical productivity standard for grain
or hay crops on prime and nonprime farmland; finding No. 2.h,
subsection VI.B.2.e, concerning the method for measuring row crop
production on nonprime farmland; finding No. 2.i, Appendix A,
concerning the definition of ``productivity;'' finding No. 2.j,
Appendices A and R, concerning the definition of ``initial
establishment of permanent vegetative cover'' and the repair of rills
and gullies as a normal husbandry practice; and finding No. 2.k,
Appendix F, concerning the method of production sampling, and Appendix
O, concerning the methods of calculating technical productivity
standards on pastureland and grazingland.
In accordance with 30 CFR 732.17(f)(1), the Director is also taking
this opportunity to clarify in the required amendment section at 30 CFR
936.16 that, within 60 days of the publication of this final rule,
Oklahoma must either submit a proposed written amendment, or a
description of an amendment to be proposed that meets the requirements
of SMCRA and 30 CFR Chapter VII and a timetable for enactment that is
consistent with Oklahoma's established administrative or legislative
procedures.
The Federal regulations at 30 CFR Part 936, codifying decisions
concerning the Oklahoma program, are being amended to implement this
decision. This final rule is being made effective immediately to
expedite the State program amendment process and to encourage States to
bring their programs into conformity with the Federal standards without
undue delay. Consistency of State and Federal standards is required by
SMCRA.
VI. Procedural Determinations
1. Executive Order 12866
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12886 (Regulatory Planning and
Review).
2. Executive Order 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 (Civil Justice Reform) and has
determined that this rule meets the applicable standards of subsections
(a) and (b) of that section. However, these standards are not
applicable to the actual language of State regulatory programs and
program amendments since each such program is drafted and promulgated
by a specific State, not by OSM. Under sections 503 and 505 of SMCRA
(30 U.S.C. 1253 and 12550) and the Federal regulations at 30 CFR
730.11, 732.15, and 732.17(h)(10), decisions on proposed State
regulatory programs and program amendments submitted by the States must
be based solely on a determination of whether the submittal is
consistent with SMCRA and its implementing Federal regulations and
whether the other requirements of [[Page 2520]] 30 CFR Part 730, 731,
and 732 have been met.
3. National Environmental Policy Act
No environmental impact statement is required for this rule since
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency
decisions on proposed State regulatory program provisions do not
constitute major Federal actions within the meaning of section
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(c)(C)).
4. Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq).
5. Regulatory Flexibility Act
The Department of the Interior has determined that this rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The State submittal which is the subject of this rule is based upon
counterpart Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. Accordingly, this rule will ensure that existing requirements
previously promulgated by OSM will be implemented by the State. In
making the determination as to whether this rule would have a
significant economic impact, the Department relied upon the data and
assumptions for the counterpart Federal regulations.
List of Subjects in 30 CFR Part 936
Intergovernmental relations, Surface mining, Underground mining.
Dated: December 29, 1994.
Charles E. Sandberg,
Acting Assistant Director, Western Support Center.
For the reasons set out in the preamble, Title 30, Chapter VII,
Subchapter T of the Code of Federal Regulations is amended as set forth
below:
PART 936--OKLAHOMA
1. The authority citation for Part 936 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 936.15 is amended by adding paragraph (n) to read as
follows:
Sec. 936.15 Approval of regulatory program amendments.
* * * * *
(n) Revisions to the following provisions of the Bond Release
Guidelines, which include revegetation success standards and
statistically valid sampling techniques, and guidelines for phase I,
II, and III bond release, as submitted to OSM on February 17, 1994, and
as revised and supplemented with explanatory information on July 21 and
September 2, 1994, are approved effective January 10, 1995:
Subsection I.E.3.b, concerning requirements for ground cover on
land reclaimed for commercial or industrial use;
Subsection I.F.3.d, concerning requirements for ground cover on
previously mined areas;
Subsection I.F.5.b, concerning the requirements for water
discharged from permanent impoundments, ponds, diversions, and
treatment facilities;
Subsections II.B.2.d, III.B.2.d, and V.B.2.c, concerning the method
for calculating a technical productivity standard on pastureland,
grazingland, and prime farmland;
Subsections IV.A.1.a and b, and sections VII.A and B, concerning
revegetation success standards for diversity, seasonality, permanence,
and regeneration;
Subsections V.B.2.d and V.B.2.e, concerning the use of test plots
as a statistically valid sampling technique for demonstrating success
of productivity on prime farmlands;
Subsections V.B.2.f and VI.B.2.e, concerning the method for
calculating a technical productivity standard for grain or hay crops on
prime and nonprime farmland;
Subsection VI.B.2.e, concerning the method for measuring row crop
production on nonprime farmland;
Appendix A, concerning the definitions of ``initial establishment
of permanent vegetative cover'' and ``productivity;''
Appendix F, concerning the method of sampling for productivity;
Appendices J and V, concerning editorial revisions; and
Appendix R, concerning the repair of rills and gullies as a normal
husbandry practice;
Appendix O, concerning the methods for calculating technical
productivity standards on lands reclaimed for use as pastureland and
grazingland.
3. Section 936.16 is revised to read as follows:
Sec. 936.16 Required regulatory program amendments.
Pursuant to 30 CFR 732.17(f)(1), Oklahoma is required to submit to
OSM by the specified date the following written, proposed program
amendment, or a description of an amendment to be proposed that meets
the requirements of SMCRA and 30 CFR Chapter VII and a timetable for
enactment that is consistent with Oklahoma's established administrative
or legislative procedures.
(a) Reserved.
(b) Reserved.
(c) By March 13, 1995, Oklahoma shall revise sections II.B and
III.B in the Bond Release Guidelines to identify the method it will use
in developing a phase III revegetation success standard for diversity
on lands reclaimed for use as pasturland and grazingland.
(d) Reserved.
(e) Reserved.
(f) Reserved.
(g) By March 13, 1995, Oklahoma must submit, before Oklahoma allows
the use of test plots as proposed at subsections V.B.2.d and V.B.2.e in
the Bond Release Guidelines, evidence of consultation with the U.S.
Soil Conservation Service regarding the use of test plots as a
statistically valid sampling technique for demonstrating success of
productivity on prime farmlands.
[FR Doc. 95-568 Filed 1-9-95; 8:45 am]
BILLING CODE 4310-05-M
