[Federal Register Volume 60, Number 99 (Tuesday, May 23, 1995)]
[Proposed Rules]
[Pages 27246-27247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12574]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 934
North Dakota Regulatory Program
ACTION: Proposed rule; reopening and extension of public comment period
on proposed amendment.
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SUMMARY: OSM is announcing receipt of revisions and additional
explanatory information pertaining to a previously proposed amendment
to the North Dakota regulatory program (hereinafter, the ``North Dakota
program'') under the Surface Mining Control and Reclamation Act of 1977
(SMCRA). The revisions and additional explanatory information pertain
to North Dakota's ``Standards for Evaluation of Revegetation Success
and Recommended Procedures for Pre- and Postmining Vegetation
Assessments.'' The amendment is intended to revise this document to be
consistent with the Federal regulations and to improve operational
efficiency.
DATES: Written comments must be received by 4:00 p.m., m.d.t., June 7,
1995.
ADDRESSES: Written comments should be mailed or hand delivered to Guy
Padgett at the address listed below.
Copies of the North Dakota program, the proposed amendment, and all
written comments received in response to this document will be
available for public review at the addresses listed below during normal
business hours, Monday through Friday, excluding holidays. Each
requester may receive one free copy of the proposed amendment by
contacting OSM's Casper Field Office.
Guy Padgett, Director, Casper Field Office, Office of Surface Mining
Reclamation and Enforcement, 100 East B Street, Room 2128, Casper, WY
82601-1918, Telephone: (307) 261-5776
Edward J. Englerth, Director, Reclamation Division, North Dakota Public
Service Commission, Capitol Building, Bismarck, ND 58505-0165,
Telephone: (701) 224-4092
FOR FURTHER INFORMATION CONTACT:
Guy Padgett, Telephone: (307) 261-5776.
SUPPLEMENTARY INFORMATION:
I. Background on the North Dakota Program
On December 15, 1980, the Secretary of the Interior conditionally
approved the North Dakota program. General background information on
the North Dakota program, including the Secretary's findings, the
disposition of comments, and the conditions of approval of the North
Dakota program can be found in the December 15, 1980, Federal Register
(45 FR 82214). Subsequent actions concerning North Dakota's program and
program amendments can be found at 30 CFR 934.12, 934.13, 934.15,
934.16, and 934.30.
II. Proposed Amendment
By letter dated February 17, 1994, North Dakota submitted a
proposed amendment to its program pursuant to SMCRA (administrative
record No. ND-U-01). North Dakota submitted the proposed revisions to
its ``Standards for Evaluation of Revegetation Success and Recommended
Procedures for Pre- and Postmining Vegetation Assessments''
(hereinafter, the ``revegetation success document'') in response to
required program amendments at 30 CFR 934.16 (b) through (i), (w), and
(x), and at its own initiative.
OSM announced receipt of the proposed amendment in the March 14,
1994, Federal Register (49 FR 11744), provided an opportunity for a
public hearing or meeting on its substantive adequacy, and invited
public comment on its adequacy (administrative record No. ND-U-05).
Because no one requested a public hearing or meeting, none was held.
The public comment period ended on April 13, 1994.
During its review of the amendment, OSM identified concerns and
notified North Dakota of these concerns by letter dated September 9,
1994 (administrative record No. ND-U-10). North Dakota responded in a
letter dated December 21, 1994, by submitting a revised amendment and
additional explanatory information (administrative record No. ND-U-14)
that addressed the concerns identified by OSM.
OSM announced receipt of the December 21, 1994, revised amendment
in the January 19, 1995, Federal Register (60 FR 3790) and invited
public comment on its adequacy (administrative record No. ND-U-15). The
public comment period ended on February 3, 1995.
Subsequently, North Dakota requested a meeting with OSM to discuss
its December 21, 1994, revisions that were made in response to OSM's
September [[Page 27247]] 9, 1994, issue letter. OSM and North Dakota
met on April 11, 1995 (administrative record No. ND-U-16). North
Dakota, by letter dated May 11, 1995 (administrative record No. ND-U-
17), submitted, at its own initiative, additional revisions and
explanatory information to its revegetation success document.
In its May 11, 1995, revised amendment, North Dakota proposes (1) A
county-wide correction factor to be used with the U.S. Natural
Resources Conservation Service (NRCS) yield information to adjust for
climatic yield conditions on land reclaimed for use as cropland or
prime farmland, (2) deletion of the allowance for ``auxiliary
shelterbelts'' without revegetation success standards on land reclaimed
for use as shelterbelts, (3) addition of the ability for North Dakota
to require, by permit condition, shelterbelts as a postmining land use
that meet the success standards in its revegetation success document,
(4) addition of the allowance for tree and shrub stocking standards
approved by the State Game and Fish Department and the State Forest
Service, as well as by the U.S. NRCS, on land reclaimed for use as
shelterbelts, (5) addition of the requirement that all species in the
approved seed mixture must be present at the time of final bond release
on land reclaimed for use as tame pastureland, (6) clarification that
actual sample means must be used in formulas that determine sample size
when measuring success of revegetation for bond release, (7) addition
of specifications for size and location of representative strips used
to demonstrate the restoration of soil productivity on land reclaimed
for use as cropland and prime farmland, (8) deletion of the State
wetland classification system and retention of the Stewart and Kantrud
system of wetland classification for premining assessments on land to
be reclaimed for use as fish and wildlife habitat, (9) clarification of
the requirement that sampling techniques for measuring success of woody
plant density use a 90-percent statistical confidence interval, (10)
allowance as a normal conservation practice the voluntary planting of
trees and shrubs on agricultural land at the request of the land owner
or for fish and wildlife enhancement, and (11) clarification that a
single reinforced interseeding may be allowed without restarting the
liability period on land reclaimed for use as native grazing land.
III. Public Comment Procedures
OSM is reopening the comment period on the proposed North Dakota
program amendment to provide the public an opportunity to reconsider
the adequacy of the proposed amendment in light of the additional
materials submitted. In accordance with the provisions of 30 CFR
732.17(h), OSM is seeking comments on whether the proposed amendment
satisfies the applicable program approval criteria of 30 CFR 732.15. If
the amendment is deemed adequate, it will become part of the North
Dakota program.
Written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of the
commenter's recommendations. Comments received after the time indicated
under DATES or at locations other than the Casper Field Office will not
necessarily be considered in the final rulemaking or included in the
administrative record.
IV. Procedural Determinations
1. Executive Order 12866
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866 (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 30 CFR Parts 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(2)(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 that 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 934
Intergovernmental relations, Surface mining, Underground mining.
Dated: May 17, 1995.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 95-12574 Filed 5-22-95; 8:45 am]
BILLING CODE 4310-05-M
