[Federal Register Volume 64, Number 142 (Monday, July 26, 1999)]
[Proposed Rules]
[Pages 40323-40326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18946]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 916
[SPATS No. KS-021-FOR]
Kansas 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 an amendment to the Kansas regulatory program
(Kansas program) under the Surface Mining Control and Reclamation Act
of 1977 (SMCRA). Kansas is proposing to condense and revise its
previously approved revegetation success guidelines. The amendment is
intended to revise the Kansas program to be consistent with the
corresponding Federal regulations and to improve operational
efficiency.
This document gives the times and locations that the Kansas program
and the amendment to that program are available for public inspection,
the comment period during which you may submit written comments on the
proposed amendment, and the procedures that will be followed for the
public hearing, if one is requested.
DATES: We will accept written comments until 4:00 p.m., c.d.t., August
25, 1999. If requested, we will hold a public hearing on the amendment
on August 20, 1999. We will accept requests to speak at the hearing
until 4:00 p.m., c.d.t. on August 10, 1999.
ADDRESSES: You should mail or hand deliver written comments and
requests to speak at the hearing to John Coleman, Mid-Continent
Regional Coordinating Center, at the address listed below.
You may review copies of the Kansas program, the amendment, a
listing of any scheduled public hearings, and all written comments
received in response
[[Page 40324]]
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 Mid-Continent Regional
Coordinating Center.
John Coleman, Mid-Continent Regional Coordinating Center, Office of
Surface Mining, Alton Federal Building, 501 Belle Street, Alton,
Illinois, 62002, Telephone: (618) 463-6460.
Kansas Department of Health and Environment, Surface Mining
Section, 4033 Parkview Drive, Frontenac, Kansas 66763, Telephone (316)
231-8540.
FOR FURTHER INFORMATION CONTACT: John Coleman, Mid-Continent Regional
Coordinating Center. Telephone: (618) 463-6460. Internet:
jcoleman@mcrgw.osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Kansas Program
On January 21, 1981, the Secretary of the Interior conditionally
approved the Kansas program. You can find general background
information on the Kansas program, including the Secretary's findings,
the disposition of comments, and the conditions of approval in the
January 21, 1981, Federal Register (46 FR 5892). You can find later
actions concerning the Kansas program at 30 CFR 916.10, 916.12, 916.15,
and 916.16.
II. Description of the Proposed Amendment
By letter dated July 12, 1999 (Administrative Record No. KS-616),
the Kansas Department of Health and Environment, Surface Mining Section
(SMS) sent us an amendment to the Kansas program under SMCRA. The SMS
sent the amendment in response to deficiencies that we identified in
Kansas' revegetation success guidelines in a final rule decision on
August 19, 1992 (57 FR 37430). The amendment also includes changes made
at the SMS's own initiative. The SMS proposes to amend the Kansas
revegetation success guidelines entitled ``Revegetation Standards for
Success and Statistically Valid Sampling Techniques for Measuring
Revegetation Success.'' A brief summary of the changes are discussed
below. The full text of the program amendment is available for your
inspection at the locations listed above under ADDRESSES.
1. Preface
Kansas revised the preface to reflect the current revisions to its
revegetation success guidelines. Kansas also removed language from the
preface that was not approved by us in the August 19, 1992, final rule
decision. The removed language appeared to exempt specific permits from
possible revisions to reflect the success standards and sampling
techniques in Kansas' revegetation success guidelines.
2. Introduction
Kansas made minor revisions to the existing language and added the
following new paragraph:
In adopting the aforementioned references, the operator is
required to use a statistically valid sampling technique at a 90% or
greater statistical confidence as approved by the SMS in
consultation with the United States Department of Agriculture
(USDA), Natural Resource Conservation Service (NRCS). Furthermore,
success standards for each permit will be based on the most current
county survey in place at the time of the permit's issuance.
3. Definitions
Kansas defined the following terms that are used throughout the
Kansas revegetation success guidelines: A.U.M.; Cropland; Diverse;
Effective; Forage; Historically Cropped; KDWP; KSU; NRCS; Permanent;
Previously Mined; Prime Farmland; and SMS.
4. Tables
Kansas added four new tables. Table 1 contains productivity and
ground cover vegetation requirements for Phase II and Phase III bond
release of pasture land and grazing land; wildlife habitat, recreation,
shelter belts, and forest products; and industrial, commercial, or
residential land uses. Table 2 lists productivity and ground cover
vegetation requirements for Phase II and Phase III bond release of
prime farmland. Table 3 contains productivity and ground cover
vegetation requirements for Phase II and Phase II bond release of
cropland. Table 4 provides the suggested minimum number of samples by
size of area being evaluated for corn, soybeans, wheat/oats, sorghum,
and forage crops.
5. Chapter I. Ground Cover Success
Kansas consolidated the substantive provisions of its currently
approved ground cover success standards for all land uses in this
chapter. Section A covers the standard for ground cover on topsoiled
areas. Section B discusses the standard for ground cover on previously
mined areas. Section C provides the standard for ground cover on
wildlife habitat areas. Section D contains standards for ground cover
on industrial, commercial, or residential areas with topsoil. Sections
E and F provide general information on ground cover sampling criteria
and techniques. Section G contains specific pre-mining ground cover
sampling techniques. Section H provides specific post-mining ground
cover sampling criteria. Finally, Section I covers specific post-mining
ground cover sampling techniques.
6. Chapter II. Forage Production Success Standard
Kansas revised and consolidated the substantive provisions of its
currently approved forage production success standards for all
applicable land uses in this chapter. Kansas also added whole field
harvest to the methods of data collection for forage. Section A
discusses the use of the USDA-NRCS crop yield database that is listed
by soil mapping units in the published county soil surveys for Kansas
and the USDA-NRCS database in the Technical Guide Notice KS-145
(Appendix B). Section B contains information on methods of calculation
using the Animal Unit Month (A.U.M.) values listed in the USDA-NRCS
soil surveys for Kansas. Section C provides productivity standards for
prime farmland forage crops. Section D covers the productivity standard
for previously mined lands reconstructed to pasture and grazing land.
Section E contains information on the productivity standard for pasture
and grazing land. Section F discusses the use of representative areas,
with test plots, or whole field harvesting as methods for data
collection. Section G contains forage crop production sampling
criteria. Finally, Section H provides forage crop production sampling
techniques.
7. Chapter III. Productivity Standard Databases for Row Crops
Kansas revised and consolidated the substantive provisions of its
currently approved row crop production success standards for prime and
non-prime farmland in this chapter. Kansas also added corn as an
acceptable row crop. Section A discusses the acceptable row crops for
revegetation productivity. Section B contains information on the method
of row crop production success standard calculations. Section C
provides row crop sampling criteria. Section D contains methods for
data collection involving representative areas, with test plots, and
whole field harvesting. Section E provides productivity sampling
criteria for prime farmland row crops. Section F discusses productivity
sampling criteria for non-prime farmland cropland row crops. Finally,
Section G contains row crop sampling techniques involving test plots
and whole field harvest for grain sorghum (milo), wheat, soybeans, and
corn. In response to deficiencies that we identified in the August 19,
1992, final rule decision on Kansas' current
[[Page 40325]]
revegetation success guidelines, Kansas revised its row crop sampling
techniques for grain sorghum and wheat to require a determination of
statistical sample adequacy based on sample weights corrected to a
standard moisture content.
8. Chapter IV. Stem Density
Kansas consolidated its productivity success standards for trees
and shrubs in this chapter. Section A discusses the general success
standards for fish and wildlife habitat, recreation, shelter belts, and
forest products land uses. Section B contains the Phase II and Phase
III productivity success standards for these land uses. Section C
provides information on productivity sampling criteria. Section D
contains stem density sampling techniques. Section E discusses
previously mined areas that are reclaimed to fish and wildlife habitat,
recreation, shelter belts, or forest products land uses.
9. References
Kansas listed the technical reports, studies and other documents
used in developing its revegetation success guidelines.
10. Appendix A, Plant Species List
This appendix lists plant species, tree species, shrub and vine
species, and legume species. It lists the plant species that are
unacceptable for all land uses, with the following exception. All plant
species listed are acceptable for the fish and wildlife habitat land
use unless they are marked with an asterisk (*). It lists the
acceptable tree species for fish and wildlife habitat, recreation,
shelter belts, and forest products land uses. It also lists the
acceptable shrub and vine species for fish and wildlife habitat,
recreation, and shelter belt land uses. Finally, Appendix A lists the
acceptable legume species based on land use for revegetation
productivity and ground cover.
11. Appendix B, Methods of Production Success Standard Calculations
Kansas is proposing a new Animal Unit Month (A.U.M.) value for use
in calculating forage production. Kansas defines the A.U.M. as the
monthly average pounds of forage needed to support each 1,000 pounds of
cattle. Kansas submitted calculations and documentation to support an
A.U.M. equal to 760 pounds. The documentation included two methods of
calculating forage production based on A.U.M. per soil type for cool
season grass seed mixtures and warm season grass seed mixtures.
Appendix B also contains tables showing two methods of calculating the
success standard for grain sorghum by soil type and soybeans by soil
type.
12. Appendix C, Planting Reports
This appendix contains the following reports: Mining Section
Planting Report; Cropland Seeding Report; Forage/Pastureland Seeding
Report; Woodland/Wildlife Seeding and Planting Report; Wildlife Seeding
Mixture Report; and Annual Production and Ground Cover Survey.
13. Appendix D, Reference Area Criteria
Kansas moved its previously approved provisions for reference areas
to Appendix D.
14. Appendix E, Representative Sample Field Area Definition and Test
Plot Criteria
This appendix discusses the use of data from representative sample
field areas to prove row crop production success. This data is obtained
from individual row crop test plots.
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are requesting
comments on whether the proposed amendment satisfies the applicable
program approval criteria of 30 CFR 732.15. If we approve the
amendment, it will become part of the Kansas program.
Written Comments
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 Mid-Continent Regional Coordinating Center.
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.d.t. on
August 10, 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.
You should file a written statement at the time you request the
hearing. This will allow us to prepare adequate responses and
appropriate questions. 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 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 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 within the meaning of section 102(2)(C)
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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 916
Intergovernmental relations, Surface mining, Underground mining.
Dated: July 19, 1999.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 99-18946 Filed 7-23-99; 8:45 am]
BILLING CODE 4310-05-P
