[Federal Register Volume 59, Number 49 (Monday, March 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5890]


[[Page Unknown]]

[Federal Register: March 14, 1994]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 934

 

North Dakota Permanent Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 
Interior.

ACTION: Proposed rule; public comment period and opportunity for public 
hearing on proposed amendment.

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SUMMARY: OSM is announcing the receipt of a proposal amendment to the 
North Dakota permanent regulatory program (hereinafter, the ``North 
Dakota program'') under the Surface Mining Control and Reclamation Act 
of 1977 (SMCRA). The amendment consists of proposed changes in the 
State's revegetation success document.
    This document sets forth the times and locations that the North 
Dakota program and proposed amendment to that program are available for 
public inspection, the comment period during which interested persons 
may submit written comments on the proposed amendment, and procedures 
that will be followed regarding the public hearing, if one is 
requested.

DATES: Written comments must be received by 4 p.m., m.s.t. April 13, 
1994. If requested, a public hearing on the proposed amendment will be 
held on April 8, 1994. Requests to present oral testimony at the 
hearing must be received by 4 p.m., m.s.t. on March 29, 1994. 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.

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 (307) 261-5776.
Mr. Edward J. Englerth, Director, Reclamation Division; North Dakota 
Public Service Commission Capitol Building; Bismarck, North Dakota 
58505-0165 (701) 224-4092.

FOR FURTHER INFORMATION CONTACT: Guy V. 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 as administered by the North Dakota 
Public Service Commission. 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 
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 and 934.16.

II. Proposed Amendment

    By letter dated February 17, 1994, (Administrative Record No. ND-U-
01) North Dakota submitted a proposed amendment to its permanent 
program pursuant to SMCRA. The North Dakota proposed amendment XX 
consists of changes to the State revegetation success document 
``Standards for Evaluation of Revegetation Success and Recommended 
Procedures for Pre- and Postmining Vegetation Assessments'' including 
changes to address required program amendments at 30 CFR 934.16 (b 
through i, w and x).
    The following areas are proposed for change:
    (1) Section I-A regarding concurrence of other Federal and State 
agencies and additional reference cites.
    (2) Section II-B regarding various modifications to the Subsections 
on County Soil Survey Estimates, Cropland Productivity Indexes, Average 
County Spring Wheat Yields, SCS Yield Estimates, and Updating SCS Data.
    (3) Section II-C, Subsection on Requirements for Successful 
Revegetation regarding statistical confidence and management practices; 
Subsection on Revegetation Success Standards for Third Stage Bond 
Release regarding prime farmland standards; Subsection on Revegetation 
Success Standards for Fourth-Stage Release regarding changes for the 
crops most commonly grown and methods of calculating success standards.
    (4) Section II-D, Subsection on Premining Assessment regarding 
inventory requirements and range site descriptions; Subsection on 
Postmining Assessment regarding cover data requirements and mapping; 
Subsection on Fourth Stage Bond Release regarding the use of aerial 
photography, cover data requirements, and mapping.
    (5) Section II-E, Subsection on Requirements for Successful 
Revegetation regarding changes to species composition, diversity, 
seasonality and permanence; Subsection on Premining Assessment 
regarding inventory requirements; Subsection on Postmining Assessment 
regarding data requirements, mapping, species composition, and 
production standards.
    (6) Section II-F, Subsection on Requirements for Successful 
Revegetation regarding consultation with State agencies, erosion 
control, stocking rates, and survival measurements.
    (7) Section II-G, Subsection on Definition of shelterbelt; 
Subsection on Requirements for Successful Revegetation regarding ground 
cover requirements, species composition data, replacement requirements, 
and time in place requirements.
    (8) Section II-H, Changes to the Introduction and Definitions for 
fish and wildlife habitat; Subsection on Grasslands regarding 
statistical requirements for ground cover measurements, composition 
requirements, and data requirements; Subsection on Wetlands regarding 
requirements for successful vegetation.
    (9) Section III-B, changes to the use of soil mapping units in 
calculating standards.
    (10) Section III-C, changes to sampling designs.
    (11) Section III-D, changes to the methods for measuring 
productivity, cover, and diversity.
    (12) Section III-E, changes to the methods of statistical analysis.
    (13) Appendix A, changes to management practices.

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.

Written Comments

    Written comments should be specific, pertain only to the issue 
proposed in this rulemaking, and include explanations in support of the 
commentor'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.

Public Hearing

    Persons wishing to testify at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., m.s.t. 
March 29, 1994. 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 specified date until all 
persons scheduled to comment 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.

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 at the OSM office 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

Compliance With Executive Order 12866

    This proposed rule is exempted from review by the office of 
Management and Budget under Executive Order 12866 (Reduction of 
Regulatory Burden).

Compliance With 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 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.

Compliance With the 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)).

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.).

Compliance With the 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 934

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 4, 1994.
Raymond L. Lowrie,
Assistant Director, Western Support Center.
[FR Doc. 94-5890 Filed 3-11-94; 8:45 am]
BILLING CODE 4310-05-M