[Federal Register Volume 63, Number 89 (Friday, May 8, 1998)]
[Proposed Rules]
[Pages 25428-25430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12248]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 934
[SPATS No. ND-037-FOR, Amendment No. XXVI]
North Dakota Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
is announcing receipt of a 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
proposed amendment consists of proposed changes to North Dakota's
revegetation policy document, ``Standards for Evaluation of
Revegetation Success and Recommended Procedures for Pre- and Postmining
Vegetation Assessments.''
The changes pertain to (1) prime farmland woodland productivity
standards, (2) woodland cover standards, (3) wetland standards, (4)
woodland and shelterbelt standards for recreational lands, and (5)
methods for sampling woodland cover. The amendment is intended to
revise the North Dakota program to be consistent with SMCRA and the
Federal regulations, and to improve operational efficiency.
DATES: Written comments must be received by 4:00 p.m., m.d.t., June 8,
1998. If requested, a public hearing on the proposed amendment will be
held on June 2, 1998. Requests to present oral testimony at the hearing
must be received by 4:00 p.m., m.d.t. on May 26, 1998.
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, Federal Building,
Room 2128, Casper, Wyoming 82601-1918, Telephone: 307/261-6550
James R. Deutsch, Director, Reclamation Division, Public Service
Commission, State Capitol--600 E. Boulevard, Bismarck, North Dakota
58505-0480, Telephone: 701/328-2400.
FOR FURTHER INFORMATION CONTACT:
Guy Padgett, Telephone: 307/261-6550; Internet: GPadgettOSMRE.GOV
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 conditions of approval of the North Dakota
program can be
[[Page 25429]]
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 934.15, 934.16, and 934.30.
II. Proposed Amendment
By letter dated April 8, 1998, North Dakota submitted a proposed
amendment (amendment number XXVI, administrative record No. ND-AA-05)
(30 U.S.C. 1201 et seq.) North Dakota submitted the proposed amendment
in response to the required program amendments at 30 CFR 934.16(aa) and
(bb), and on its own initiative. The amendment consists of changes to
North Dakota's revegetation success standards policy document. The rule
changes included in this amendment pertain to: (1) prime farmland
productivity standards, (2) woodland cover standards, (3) wetlands
standards, (4) recreational land use standards, and (5) methods for
sampling woodland cover.
Specifically, North Dakota proposes to modify prime farmland
provisions to require that yield measurements to be taken from
reclaimed prime farmlands and productivity standards be met for at
least 3 years before third stage (vegetation establishment) bond
release can be granted. Changes are proposed to the woodland section to
allow canopy and litter from woody plants to be included as part of
total ground cover required for fourth-stage (final) bond release on
reclaimed woodlands. Changes of the wetlands section of the
revegetation document are proposed to allow more discretion in sampling
prime wetlands and to reduce data requirements for reclaimed wetlands
at the same time of final bond release. Changes to the other land uses
section are proposed to require that applicable woodland shelterbelt
standard be met for fourth stage bond release when woody planting are
part of recreation land uses. Changes to the measurements section of
the revegetation document are proposed to allow additional methods (the
Daubermire frame and intercept line method) for sampling cover in
woodlands.
III. Public Comment Procedures
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.
1. Written Comments
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.
2. Public Hearing
Persons wishing to testify at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,
m.d.t., on May 26, 1998. Any disabled individual who has need for a
special accommodation to attend a public hearing should contact the
individual listed under FOR FURTHER INFORMATION CONTACT. The location
and time of the hearing will be arranged with those persons requesting
the hearing. If no one requests an opportunity to testify at the public
hearing, the hearing will not be held.
Filing of a written statement at the time of the hearing is
requested as it will greatly assist the transcriber. Submission of
written statements in advance of the hearing will allow OSM officials
to prepare adequate responses and appropriate questions.
The public hearing will continue on the specific date until all
persons scheduled to testify have been heard. Persons in the audience
who have not been scheduled to testify, and who wish to do so, will be
heard following those who have been scheduled. The hearing will end
after all persons scheduled to testify and persons present in the
audience who wish to testify have been heard.
3. Public Meeting
If only one person requests an opportunity to testify at a hearing,
a public meeting, rather than a public hearing, may be held. Persons
wishing to meet with OSM representatives to discuss the proposed
amendment may request a meeting by contacting the person listed under
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the
public and, if possible, notices of meetings will be posted at the
locations listed under ADDRESSES. A written summary of each meeting
will be made a part of 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 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 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 1255) 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 (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
[[Page 25430]]
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.
6. Unfunded Mandates
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
List of Subjects in 30 CFR Part 934
Intergovernmental relations, Surface mining, Underground mining.
Dated: April 29, 1998.
Russell F. Price,
Acting Regional Director, Western Regional Coordinating Center.
[FR Doc. 98-12248 Filed 5-7-98; 8:45 am]
BILLING CODE 4310-05-M
