[Federal Register Volume 64, Number 204 (Friday, October 22, 1999)]
[Proposed Rules]
[Pages 56983-56985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27671]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 936
[SPATS No. OK-026-FOR]
Oklahoma Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
is announcing receipt of additional information and documentation to
support provisions in a previously proposed amendment to the Oklahoma
regulatory program (Oklahoma program) under the Surface Mining Control
and Reclamation Act of 1977 (SMCRA). Oklahoma provided a policy
statement for its bond release guidelines relating to revegetation
success standards for diversity on lands reclaimed for use as
pastureland and grazingland. Oklahoma also submitted evidence of
consultation with the U. S. Soil Conservation Service (SCS) regarding
the use of test plots as a statistically valid sampling technique for
demonstrating success of productivity on prime farmland. Oklahoma
intends to revise its program to be consistent with the corresponding
Federal regulations.
This document gives the times and locations that the Oklahoma
program and the additional information and supporting documentation for
its previous 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.
DATES: We will accept written comments until 4:00 p.m., c.s.t.,
November 22, 1999. If requested, we will hold a public hearing on the
amendment on November 16, 1999. We will accept requests to speak at the
hearing until 4:00 p.m., c.s.t. on November 8, 1999.
ADDRESSES: You should mail or hand deliver written comments and
requests to speak at the hearing to Michael C. Wolfrom, Director, Tulsa
Field Office, at the address listed below.
You may review copies of the Oklahoma program, the amendment, a
listing of any scheduled public hearings, and all written comments
received in response to this document at the addresses listed below
during normal business hours, Monday through Friday, excluding
holidays. You may receive one free copy of the amendment by contacting
OSM's Tulsa Field Office.
Michael C. Wolfrom, Director, Tulsa Field Office, Office of Surface
Mining, 5100 East Skelly Drive, Suite 470, Tulsa, Oklahoma 74135-6547,
Telephone: (918) 581-6430.
Oklahoma Department of Mines, 4040 N. Lincoln Blvd., Suite 107,
Oklahoma City, Oklahoma 73105, Telephone: (405) 521-3859.
FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Director, Tulsa
Field Office. Telephone: (918) 581-6430. Internet:
mwolfrom@tokgw.osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Oklahoma Program
On January 19, 1981, the Secretary of the Interior conditionally
approved the Oklahoma program. You can find background information on
the Oklahoma program, including the Secretary's findings, the
disposition of comments, and the conditions of approval in the January
19, 1981, Federal Register (46 FR 4902). You can find later actions
concerning the Oklahoma program at 30 CFR 936.15 and 936.16.
II. Description of the Proposed Amendment
On February 17, 1994, Oklahoma proposed to amend its program by
revising its Bond Release Guidelines (Administrative Record No. OK-
959.01). We approved this amendment, with additional requirements, on
January 10, 1995 (60 FR 2512). By letter dated September 30, 1999
(Administrative Record No. OK-984), Oklahoma sent us additional
information and documentation to support the provisions in its
previously proposed amendment that we had approved with additional
requirements. In the January 10, 1995, Federal Register, we approved
sections II., III., and V.B.2.d and e of Oklahoma's bond release
guidelines with the following required amendments codified at 30 CFR
936.16(c) and (g):
(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 pastureland and grazingland.
(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.
In response to 30 CFR 936.16(c), Oklahoma provided a policy
statement relating to its bond release guidelines for pastureland and
grazingland. In response to 30 CFR 936.16(g), Oklahoma submitted
evidence of consultation with the SCS regarding the use of test plots
as a statistically valid sampling technique for demonstrating success
of productivity on prime farmland. Following is a summary of the
additional information and documentation.
[[Page 56984]]
A. II. Pastureland and III. Grazingland--Subsections A.1.g.; 30 CFR
936.16(c)
In its letter dated September 30, 1999, Oklahoma included a policy
statement that identifies the method it will use in developing a
revegetation success standard for diversity on lands reclaimed for use
as pastureland and grazingland. Oklahoma indicated that the currently
approved provisions in its Bond Release Guidelines under II.A.1.g. and
III.A.1.g. contain the required diversity standards:
g. Perennial species that are not listed in the approved
reclamation plan but which the Department approves as being
desirable and compatible with the postmining land use can make up to
20% of total ground cover not to exceed 5% ground cover by any one
of these species.
Oklahoma stated that the above Bond Release Guidelines ensure that
80% of the ground cover is composed of the species listed in the
approved reclamation plan and that it is comprised of vegetation that
meets the requirement for seasonality, permanence, and regeneration on
both pastureland and grazingland. In a letter dated May 21, 1996
(Administrative Record OK-960.04), Oklahoma stated that the above
diversity standard is based primarily on the seed mix and the
comparison of this seed mix to the stand established after reclamation.
B. V. Prime Farmland Cropland--Subsections V.B.2.d and e; 30 CFR
936.16(g)
Oklahoma submitted a letter from the SCS dated March 2, 1993, as
evidence of consultation with the SCS regarding the use of test plots
as a statistically valid sampling technique for demonstrating success
of productivity on prime farmland. In this letter, the SCS stated that
it had reviewed Oklahoma's proposal on sampling techniques for row
crops on prime farmland. The SCS also referred Oklahoma to Dr. James
Stiegler at the Oklahoma State University for technical evaluation of
its statistical methods of sampling. Oklahoma submitted a letter from
the Dr. James Stiegler dated April 24, 1996. In this letter, Dr.
Stiegler stated:
I have looked over the material that you have provided to me
regarding the statistical adequacy of using test plots to prove the
productivity of reclaimed soils. The method of selecting and
sampling of the test plots as described will result in valid data to
support soil productivity.
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are requesting
comments on whether the additional information and documentation
satisfies the applicable program approval criteria of 30 CFR 732.15. If
we approve the amendment, it will become part of the Oklahoma program.
Written Comments
Our practice is to make comments, including names and home
addresses of respondents, available for public review during regular
business hours. Individual respondents may request that we withhold
their home address from the administrative record, which we will honor
to the extent allowable by law. There also may be circumstances in
which we would withhold from administrative record a respondent's
identity, as allowable by law. If you wish us to withhold your name
and/or address, you must state this prominently at the beginning of
your comment. However, we will not consider anonymous comments. We will
make all submissions from organizations or businesses, and from
individuals identifying themselves as representatives or officials of
organizations or businesses, available for public inspection in their
entirety.
Your written comments should be specific and pertain only to the
issues proposed in this rulemaking. You should explain the reason for
any recommended change. In the final rulemaking, we will not
necessarily consider or include in the Administrative Record any
comments received after the time indicated under DATES or at locations
other than the Tulsa Field Office.
Please submit Internet comments as an ASCII file avoiding the use
of special characters and any form of encryption. Please also include
``Attn: SPATS No. OK-026-FOR'' and your name and return address in your
Internet message. If you do not receive a confirmation that we have
received your Internet message, contact the Tulsa Field Office at (918)
581-6430.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., c.s.t. on
November 8, 1999. We will arrange the location and time of the hearing
with those persons requesting the hearing. If you are disabled and need
special accommodation to attend a public hearing, contact the
individual listed under FOR FURTHER INFORMATION CONTACT. The hearing
will not be held if no one requests an opportunity to speak at the
public hearing.
To assist the transcriber and ensure an accurate record, we request
that you provide us with a written copy of your testimony. The public
hearing will continue on the specified date until all persons scheduled
to speak have been 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 all
persons scheduled to speak and persons present in the audience who wish
to speak have been heard.
Public Meeting
If only one person requests an opportunity to speak at a hearing, a
public meeting, rather than a public hearing, may be held. If you wish
to meet with us to discuss the amendment, request a meeting by
contacting the person listed under FOR FURTHER INFORMATION CONTACT. All
such meetings are open to the public and, if possible, we will post
notices of meetings at the locations listed under ADDRESSES. We also
make a written summary of each meeting a part of the Administrative
Record.
IV. Procedural Determinations
Executive Order 12866
The Office of Management and Budget (OMB) exempts this rule from
review under Executive Order 12866 (Regulatory Planning and Review).
Executive Order 12988
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 (Civil Justice Reform) and has
determined that, to the extent allowed by law, 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 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 1255) and 30 CFR 730.11,
732.15, and 732.17(h)(10), decisions on State regulatory programs and
program amendments 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 30 CFR Parts 730,
731, and 732 have been met.
National Environmental Policy Act
This rule does not require an environmental impact statement since
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency
decisions on State regulatory program provisions do not constitute
major Federal actions
[[Page 56985]]
within the meaning of section 102(2)(C) of the National Environmental
Policy Act (42 U.S.C. 4332(2)(C)).
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.).
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
corresponding 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. Therefore, this rule will ensure that existing requirements
previously published 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 corresponding Federal regulations.
Unfunded Mandates
OSM has determined and certifies under the Unfunded Mandates Reform
Act (2 U.S.C. 1502 et seq.) that this rule will not impose a cost of
$100 million or more in any given year on local, state, or tribal
governments or private entities.
List of Subjects in 30 CFR Part 936
Intergovernmental relations, Surface mining, Underground mining.
Dated: October 15, 1999.
Richard J. Seibel,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 99-27671 Filed 10-21-99; 8:45 am]
BILLING CODE 4310-05-P
