[Federal Register Volume 59, Number 102 (Friday, May 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13014]


[[Page Unknown]]

[Federal Register: May 27, 1994]


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Part IV





Department of the Interior





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Office of Surface Mining Reclamation and Enforcement



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30 CFR Parts 779, 780, et al.




Surface Coal Mining and Reclamation Operations; Permanent Regulatory 
Program; Land Use Information; Final Rule
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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Parts 779, 780, 783, and 784

RIN 1029-AB57

 
Surface Coal Mining and Reclamation Operations; Permanent 
Regulatory Program; Land Use Information

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

ACTION: Final rule.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
of the United States Department of the Interior (DOI) is amending its 
regulations governing the information that must be submitted in a 
permit application concerning premining and postmining land use. The 
regulations are being amended for the purpose of eliminating 
duplicative and/or unnecessary reporting requirements in order to 
simplify and reduce the reporting burden for permit applicants.

EFFECTIVE DATE: June 27, 1994.

FOR FURTHER INFORMATION CONTACT:Archana Kohli, 1951 Constitution 
Avenue, suite 640 NC, Washington, DC 20240; Telephone: (202) 343-3871 
commercial or FTS.

SUPPLEMENTARY INFORMATION: 

I. Background
II. Discussion of Comments and Final Rule
III. Procedural Matters

I. Background

    On March 13, 1979, OSM promulgated permanent program rules (44 FR 
14902) as required by section 501(b) of the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA or the Act), 30 U.S.C. 1201 et seq. In 
these rules, 30 CFR part 779 establishes the minimum permit application 
requirements for information on existing environmental resources that 
may be impacted by the location and conduct of proposed surface mining 
activities. (Part 783 for underground mining) (44 FR 15026, March 13, 
1979).
    Thirty CFR part 780 establishes the minimum permit application 
requirements for surface mining operation and reclamation plans. (Part 
784 for underground mining) (44 FR 15047, March 13, 1979).
    The information requirements of parts, 779, 780, 783, and 784 
accord with the prescriptions of sections 507, 508, 515, and 516 of the 
Act in two ways: First, the permit application submitted pursuant to 
these parts must contain sufficient information to meet the public 
disclosure requirements of the Act. Second, the permit application must 
also contain sufficient information for the regulatory authority to be 
able to find in writing, on the basis of that information and 
information otherwise available, whether the proposed operation should 
be permitted.
    The level of detail and scope of information required in the permit 
application will vary depending on the needs of the regulatory 
authority to fulfill its responsibility to make sound approval 
decisions based on the findings prescribed under section 510(b) or 
SMCRA and 30 CFR 773.15(c). The information required in a permit 
application is, in the main, intended to assist the regulatory 
authority in determining whether the applicant can comply with the 
performance standards for surface and underground mining and whether 
reclamation of these areas is feasible.
    The information requirements of parts 779, 780, 783, and 784 impose 
a significant reporting burden on permit applicants to obtain, analyze, 
and present information to both the regulatory authority and the public 
when seeking to permit a surface coal mining operation. Under the 
Paperwork Reduction Reauthorization Act of 1986, OSM is responsible for 
ensuring that its rules do not impose any unnecessary reporting burden 
on the permit applicant (44 U.S.C. 3507(a)(1)(B)). In 1987, OSM 
established a work group to review its regulatory program and 
permitting rules. One purpose of the review was to determine whether 
changes to the information requirements of the permitting rules could 
be made to reduce the reporting burden on the permit applicant without 
compromising the implementation of the purposes and provisions of the 
Act.
    After reviewing the work group's recommendations regarding rule 
changes, OSM identified two changes to its regulations governing 
surface and underground mining activities which are the subject of this 
rulemaking. While OSM recognizes its obligation under the Paperwork 
Reduction Reauthorization Act of 1986 to ensure that public reporting 
burden be minimized, the Office also recognizes the need to maintain a 
stable regulatory program implementing the Act. On this basis, the 
balance of the work group's recommended rule changes were rejected 
because OSM felt the insignificant reduction in reporting burden which 
they would afford did not justify the potential disruption to the 
regulatory program which would be caused by such changes.
    On January 8, 1993 (57 FR 3458), OSM proposed a rulemaking based on 
two of these recommendations. The public comment period closed on March 
9, 1993. For surface mining activities, this final rulemaking 
consolidates the land use information requirements of sections 30 CFR 
779.22 and 30 CFR 780.23 into final 30 CFR 780.23 and deletes the slope 
measurement requirements of 30 CFR 779.25(a)(11). For the counterpart 
regulations governing underground mining activities, this rulemaking 
consolidates the land use information requirmeents of 30 CFR 783.22 and 
30 CFR 784.15 into final 30 CFR 784.15 and deletes the slope 
measurement requirements of 30 CFR 783.25 (a)(11).
    Because the cited regulations governing underground activities are 
identical to counterpart regulations governing surface mining 
activities, the discussion of changes or deletions to 30 CFR 779.22, 
779.25(a)(11) and 780.23 will also apply to 30 CFR 783.22, 
783.25(a)(11) and 784.15.

A. Land Use Information Rules

    Section 30 CFR 779.22 identified the premining land use information 
required in a permit application.
    Section 779.22(a) required that the application contain a statement 
of the condition, capability, and productivity of the land within the 
proposed permit area. Section 779.22(a)(1) required that the 
application contain a map and a narrative that describes the use of the 
proposed permit area at the time of filing and the premining land use 
if its use was changed within five years before the date of 
application. The map was used to compare premining land uses with 
proposed postmining land uses. Section 779.22(a)(1) implemented section 
508(a)(2)(A) of the Act.
    Section 779.22(a)(2) required that the permit application include a 
narrative of the capability and productivity of the land to support a 
number of uses which can be used in analyzing the land use description 
contained in section 779.22(a)(1). Environmental information from 
Sec. 779.22(a)(2) together with land use information from 
Sec. 779.22(a)(1) provided a foundation for the reclamation plan 
required by former section 30 CFR 780.23 (Reclamation plan: Postmining 
land uses). Section 779.22(a)(2) and its two subsections, (i) and (ii), 
implemented sections 508 (a)(2) (B) and (C) of the Act.
    Section 779.22(b) required a description of premining land use 
conditions for previously mined areas. These regulations provided that 
an application for a previously mined area identify the type of mining 
method used, the coal seams or other mineral strata mined, the extent 
of coal or minerals removed, the approximate dates of past mining, and 
the uses of the land preceding mining. According to the 1979 Preamble, 
this information, if available, was intended to be used by the operator 
and the regulatory authority to assure that the mining operation will 
be conducted in a manner which mitigates the environmental damage 
caused by the previous mining activities (44 FR 15041, March 13, 1979). 
The 779.22(b)(5) informational requirements as to the uses of land 
preceding prior mining implemented sections 508(a)(2)(A) and 515(b)(2) 
of the Act. The balance of Sec. 779.22(b) is not specifically required 
by the Act.
    Section 779.22(c) required that the application describe the 
proposed mining area's existing land uses and their classifications 
under local law. Information from this section was used by the 
regulatory authority to evaluate the proposed postmining land uses and 
to assess the compatibility of the proposed land use with the existing 
land use policies and plans. The information required by this section 
was essentially the same information required by former 
Sec. 780.23(a)(4) and (b). Section 779.22(c) implemented Section 
508(a)(3) of the Act.
    Section 30 CFR 780.23 established the criteria used to approve a 
postmining land use analysis and plan. Section 780.23 implemented 
Section 508(a) (3) and (4) of the Act.
    Section 780.23(a) required that the applicant's reclamation plan 
describe the proposed postmining land use. Included must be a 
discussion of the utility and capacity of the reclaimed land to support 
a variety of alternative uses which must conform to the existing land 
use policies and plans. Section 780.23(a) implemented Section 508(a)(3) 
of the Act.
    Section 780.23(a)(1) required a description of the proposed 
postmining land use and the method in which the proposed postmining 
land use is attained. Section 780.23(a)(1) implemented section 
508(a)(4) of the Act.
    Section 780.23(a)(2) required specific management plans when range 
and grazing is proposed as a postmining land use. Range or grazing 
management plans are not specifically required by the Act.
    Section 780.23(a)(3) required information needed to support 
approval for an alternative postmining land use when requested under 
Sec. 816.133. Section 780.23(a)(3) implemented section 508(a)(3) of the 
Act.
    Section 780.23(a)(4) required that consideration be given to making 
proposed mining activities consistent with the existing surface owner 
plans and applicable State and local land use plans and programs. 
Section 780.23(a)(4) implemented section 508(a)(3) of the Act.
    Section 780.23(b) provided that the reclamation plan include a copy 
of the comments of the proposed land use by the legal or equitable 
owner of record of the surface of the proposed permit area and the 
applicable State and local government agency. Section 780.23(b) 
implemented section 508(a)(3) of the Act.

B. Slope Measurement

    Section 30 CFR 779.25 (Cross sections, maps, and plans) required 
slope measurements against which new mining effects can be compared. 
Section 779.25(a)(11) required the applicant to include the existing 
slopes of the proposed mine site. The 1979 preamble indicates that 
slope can be derived from either a topographic map or from field 
calculations (44 FR 15045, March 13, 1979). These slope measurements 
were to be used by the regulatory authority to evaluate the applicant's 
ability to achieve approximate original contour. There is no specific 
requirement in the Act to provide preexisting slope measurements.

II. Discussion of Comments and Final Rule

    OSM received letters on the proposed rule from eight commenters 
representing industry, State regulatory authorities, Federal and State 
agencies, and individual citizens. OSM has reviewed each comment 
carefully and has considered the commenters' suggestions and remarks in 
writing this final rule.
    The final rulemaking simplifies the current regulations by 
promulgating a single new rule, 30 CFR 780.23 (Land use information), 
to replace the two former land use information rules. Final Sec. 780.23 
combines sections from former 780.23 (Reclamation plan: Postmining land 
uses) and former 779.22 (Land use information). This rulemaking deletes 
former Sec. 779.22 in its entirety. Paragraphs from former Sec. 779.22 
needed to implement prescriptions of the Act have been relocated to 
final 780.23. The final rule also deletes 30 CFR 779.25(a)(11) (Cross 
sections, maps, and plans) in its entirety.

A. Land Use Information

    Listed below is an outline of the informational requirements that 
are incorporated into final 30 CFR 780.23 (Reclamation plan: Land use 
information). This rule is identical to proposed 30 CFR 780.23 except 
as indicated below.
    1. Final section 780.23(a) requires that the applicant provide a 
statement of the condition, capability, and the productivity of the 
land within the proposed permit area. Section 780.23(a) is identical to 
former Sec. 779.22(a). No comments were received addressing the 
redesignation of this section. Section 780.23(a) implements section 
508(a)(2) of the Act.
    2. Final Sec. 780.23(a)(1) requires a map and supporting narrative 
describing the uses of the land at the time of the filing of the 
application. The description must also include any changes to the land 
use which occurred during the past five years, except in a case where 
the application is for lands which were previously mined, in which case 
the description must include the use of the land prior to any mining to 
the extent such information is available. Final section 780.23(a)(1) 
incorporates the provisions of former Sec. 779.22 (a)(1) and (b)(5). 
Proposed section 780.23(a)(1) was identical to former Sec. 779.22(a)(1) 
except that it would have deleted the five-year limit on the historical 
land use description. As proposed, Sec. 780.23(a)(1) would have also 
subsumed the reporting requirements of Sec. 779.22(b)(5).
    Several commenters felt that the proposed deletion of the five-year 
limit on the historical land use description would have added to the 
reporting burden on the applicant and that the information collected 
would often be unnecessary. One commenter supported the proposed change 
and believed that there was sufficient enabling language for the 
regulatory agency's requirement of a historical land use description. 
OSM has reconsidered the proposal and agrees with the concerns of the 
commenters opposing the deletion of the five-year time frame in that it 
may add an unnecessary reporting burden on the applicant.
    Section 515(b)(2) of the Act requires that the operation restore 
the land affected to a condition capable of supporting the uses which 
it was capable of supporting prior to any mining and section 
508(a)(2)(A) requires the reclamation plan to include a statement on 
the condition of the land to be covered by the permit prior to any 
mining, including the uses existing at the time of the application and, 
if the land has a history of previous mining, the uses which preceded 
any mining. Accordingly, final Sec. 780.23(a)(1) will retain the five-
year limit on the historical land use description of former 
Sec. 779.22(a)(1) and will include for previously mined areas the land 
use reporting provisions of former Sec. 779.22(b)(5) which are required 
to implement sections 508(a)(2)(A) and 515(b)(2) of the Act.
    3. Final Sec. 780.23(a)(2) requires that the applicant provide a 
narrative of the land capability and productivity, which analyzes the 
land use description in conjunction with other environmental resource 
information. Final Sec. 780.23(a)(2) is identical to former 
Sec. 779.22(a)(2). No comments were received addressing this 
redesignation. Section 780.23(a)(2)(i) implements section 508(a)(2)(B) 
of the Act and Sec. 780.23(a)(2)(ii) implements section 508(a)(2)(C) of 
the Act.
    4. Final section 780.23(b) requires that the applicant provide a 
statement on the utility and capacity of the reclaimed land to support 
a variety of alternative uses. Final Sec. 780.23(b) is identical to 
former Sec. 780.23(a). No comments were received addressing this 
redesignation. Section 780.23(b) implements section 508(a)(3) of the 
Act.
    5. Final Sec. 780.23(b)(1) requires that the applicant discuss how 
the proposed postmining land use will be achieved. Final 
Sec. 780.23(b)(1) is identical to former Sec. 780.23(a)(1). No comments 
were received addressing this redesignation. Section 780.23(b)(1) 
implements sections 508(a)(4) of the Act.
    6. Final Sec. 780.23(b)(2) requires that the applicant include a 
detailed description of proposed postmining land uses that are 
different from the premining land uses. Final Sec. 780.23(b)(2) is 
identical to former section 780.23(a)(3). No comments were received 
addressing this redesignation. Section 780.23(b)(2) implements sections 
508(a)(2)(A) and 508(a)(3) of the Act.
    7. Final Sec. 780.23(b)(3) requires that the applicant describe the 
consideration which has been given to making all of the proposed 
surface mining activities consistent with surface owner plans and 
applicable State and local land use plans and programs. These 
provisions are identical to those of former Sec. 780.23(a)(4) and the 
first sentence of proposed Sec. 780.23(c) and have been redesignated as 
Sec. 780.23(b)(3) to enhance the organizational clarity of the final 
rule. Section 780.23(b)(3) implements section 508(a)(8) of the Act.
    8. Final Sec. 780.23(c) requires that the applicant describe 
comments by the legal or equitable owner of record of the surface of 
the proposed permit area and the State and local government agencies 
which would have to initiate, implement, approve, or authorize the 
proposed use of the land following reclamation. Final Sec. 780.23(c) is 
identical to former Sec. 780.23(b). Section 780.23(c) implements 
section 508(a)(3) of the Act.
    One comment was received alleging the impracticality of such a 
requirement and the lack of flexibility which it affords the operator 
in obtaining comments. However, OSM is retaining this requirement as it 
implements specific statutory prescriptions.

B. Deletion of Land Use Information Requirements

    Listed below is an outline of the informational requirements that 
were deleted from former rules during the formulation of final 30 CFR 
780.23 (Reclamation plan: Land use information). This rule is identical 
to proposed 30 CFR 780.23 except as indicated below.
    1. This rulemaking deletes section 30 CFR 779.22(b). This section 
required that if specific information about mining activities at 
previously mined areas is available, such information must be included 
in the permit application. As will be discussed below, if the 
information required under this section is even available, it is either 
provided elsewhere by the applicant in his permit application or is 
available from former program permitting records and is, therefore, 
more accessible to the regulatory authority than to the applicant.
    Two commenters agreed with OSM's proposed deletion of 
Sec. 779.22(b) in its entirety. They felt that much of the information 
required under this provision will already be contained in the 
application through other applicable provisions.
    a. Former Sec. 779.22(b)(1) required a description of the type of 
mining method used at any previously mined area. To the extent that the 
applicant is able to submit the required cross sections, maps, and 
plans of prior mining operations within and adjacent to the permit area 
under existing 30 CFR 779.25(a) (5) and (8), the regulatory authority 
can determine from this information the type of mining methods which 
were used. OSM agrees with the one comment received regarding the 
deletion of 779.22(b)(1) that the information provided by this section 
has historically been of minimal benefit.
    b. Former Secs. 779.22(b) (2) and (3) required a description of the 
coal seams or other mineral strata mined and the extent of coal or 
other minerals removed from the previously mined area. This information 
can easily be calculated by the regulatory authority from other 
information required to be submitted by the applicant under 30 CFR 
779.25(a) (3), (4), (8), and 30 CFR 780.11(a). OSM agrees with the one 
comment received regarding the deletion of 779.22(b) (2) and (3) that 
the information provided by these sections has historically been of 
minimal benefit.
    c. Former Sec. 779.22(b)(4) required a statement of the approximate 
dates of previous mining activities. In its 1979 rules, OSM did not 
require the precise dates of these activities because of the 
acknowledged difficulty of obtaining such information with any degree 
of accuracy (44 FR 15041, March 13, 1979). In practice, information as 
to the approximate dates of previous mining activities has proven to be 
generally unnecessary. The only time that the approximate dates of 
previous mining activities might be necessary is when the applicant 
intends to reclaim in accordance with the requirements of 30 CFR 
816.106. Under those circumstances, the applicant is required by the 
authority, that of 30 CFR 773.15(c) and (c)(12), to affirmatively 
include in the permit application information as to the cessation dates 
of previous activities. The regulatory authority must then find in 
writing that the site of the proposed operation is a ``previously mined 
area'' as defined in 30 CFR 701.5. Accordingly, the continuance of 
Sec. 779.22(b) serves no useful regulatory purpose.
    One commenter opposed this deletion claiming that the information 
of 779.22(b)(4) is necessary when judging the success at 30 CFR 
816.116(5). As this section is nonexistent, the apparent intended 
reference is 30 CFR 816.116(b)(5). OSM rejects this comment as there is 
no clear relationship between the approximate date of premining 
operations required under 779.22(b)(4) and establishment of the 
baseline level of vegetative cover before redisturbance required by 
816.115(b)(5). As it is, there is more than sufficient information 
required under the other permit application provisions of 30 CFR parts 
779 and 780 for the regulatory authority to fulfill its 
responsibilities under Sec. 816.116(b)(5).
    d. Former Sec. 779.22(b)(5) required a statement of the premining 
land use for lands previously affected by mining to the extent such 
information is available. Final Sec. 780.23(a)(1) will include this 
requirement among its provisions. One commenter supported the proposed 
deletion of 779.22(b)(5) on the basis that the scope of information 
required by that section served little useful purpose. Another 
commenter contended that because the same historical land use 
information required by 779.22(b)(5) would also be required by proposed 
780.23(a)(1), the stated purpose of the rulemaking of eliminating or 
reducing paperwork would not really be accomplished. In partial 
response to this comment and as discussed above, OSM decided not to 
finalize the expanded reporting requirement of proposed 780.23(a)(1) 
but instead retain that section's existing, less burdensome 
requirements. This necessitated the inclusion of former 
Sec. 779.22(b)(5) in final Sec. 780.23(a)(1) in order to ensure that 
Secs. 515(b)(2) and 508(a)(2)(A) of the Act are implemented and that 
the land use of previously mined land is described. This description 
helps to ensure the restoration of the land affected by mining will be 
to the same or higher or better land use than existed prior to any 
mining as required by the Act. The permit applicant's historical land 
use reporting burden continues to be reduced as the consolidation of 
requirements into final Sec. 780.23(a)(1) eliminates duplicative 
reporting requirements.
    2. This rulemaking deletes 30 CFR 779.22(c) which required a 
description of the existing land uses and land use classifications 
under local law of the proposed permit area and adjacent areas. While 
OSM considers the information required by this provision to be 
important land use information, it is essentially the same information 
required by former Secs. 780.23 (a)(4) and (b) redesignated in the 
final rule as Secs. 780.23 (b)(3) and (c). These redesignated sections 
provide that the application indicate the consideration given to making 
the surface mining activities consistent with applicable State and 
local land use plans and programs as well as comments on the proposed 
use by applicable State and local agencies.
    One commenter opposed this deletion alleging that proposed 
780.23(c) does not specifically require the same information as was 
provided to the regulatory authority by former 779.22(c) deleted in 
this rulemaking. The commenter characterized Sec. 779.22(c) as serving 
to eliminate any doubt as to the regulatory agency's authority for 
requiring a description and classification of the land uses under local 
law. In deleting former Sec. 779.22(c), OSM does not intend to infer 
that final 780.23(c) does not continue to convey sufficient general 
authority for the regulatory authority to require all the information 
previously and specifically required by the deleted section.
    3. This rulemaking also deletes former 30 CFR 780.23(a)(2) which 
required the submission of a detailed management plan where range or 
grazing was the proposed postmining land use. In 1979, OSM rejected 
comments to delete this section. At that time, OSM stated its belief 
that a detailed management plan was necessary to determine the 
feasibility of a proposed range/grazing postmining land use. (44 FR 
15058, March 13, 1979). Since then, OSM has reconsidered the utility of 
requiring such detailed plans. In concert with this rulemaking, OSM 
consulted the Bureau of Land Management regarding its current views on 
the need for a detailed management plan to be included in the permit 
application for a surface coal mining and reclamation operation. The 
Bureau indicated that the proposed deletion of the requirement for 
submitting such plans would not affect its program which also required 
detailed management plans. OSM understands that for legitimate economic 
and/or ecological reasons the actual management plan implemented for a 
reclaimed area may often vary greatly from the detailed plan originally 
submitted under Sec. 780.23(a)(2). The uncertain benefit which may be 
derived from the submission of these plans is not felt to justify the 
burden of their preparation.
    One commenter supported the deletion of Sec. 780.23(a)(2) stating 
that a detailed management plan was unnecessary. Two other commenters 
disagreed with the deletion but suggested a change in the regulatory 
language of Sec. 780.23(a)(2) to require a ``general'' instead of a 
``detailed'' management plan. OSM does not accept that suggestion. 
Former Sec. 780.23(a)(1) which required an explanation of how the 
postmining land use is to be achieved has been redesignated as final 
section 780.23(b)(1) and should allow for the level of reporting detail 
necessary for the regulatory authority to determine the feasibility of 
any proposed range land/grazing land use.

B. Vegetation Information

    The Proposed Rules discussed the deletion of 30 CFR 779.19 
(Vegetation information). This section authorizes a regulatory 
authority to require a map and a description of the plant communities 
within the proposed permit area and within any proposed reference area. 
OSM originally envisioned that this detailed information could be 
helpful in completing the vegetative land use analysis required by 
Sec. 779.22 (land use information). (44 FR 15037, March 13, 1979). In 
revisiting this issue in its proposed rule, OSM justified the deletion 
of Sec. 779.19 on the grounds that it was felt to be redundant and that 
other specified permit application provisions provide the regulatory 
authority with sufficient authority to require the level of detailed 
information necessary to complete Sec. 779.22(a)'s vegetative land use 
information requirements.
    Numerous comments were received strongly opposing this deletion. 
The commenters stressed that the information of Secs. 779.19 and 779.22 
was ``complementary and not duplicative.'' The commenters expressed 
their view that section 779.19 serves an essential and wider purpose 
than merely helping to complete Sec. 779.22(a)'s land use information 
requirements. These commenters further questioned whether the other 
permit application provisions cited by OSM in its proposed rule 
actually provide the regulatory authority with sufficient authority to 
require the detailed information relative to species diversity and 
ground cover which is needed to properly evaluate an operator's ability 
to revegetate the disturbed area. In light of the comments opposing the 
proposed deletion of Sec. 779.19, OSM has determined to retain that 
section unaffected by this rulemaking.

C. Premining Slope Measurement

    This rulemaking deletes section 30 CFR 779.25(a)(11) (Cross 
sections, maps, and plans) requiring slope measurements. OSM recognizes 
that premining slope measurements are needed to ensure that restored 
contours meet approximate original contour (AOC) conditions. The former 
rule was, however, redundant as it provided no additional information 
beyond that already available to the regulatory authority under 30 CFR 
777.14(a) and OSM's technical information processing system (TIPS). In 
the 1979 preamble to Sec. 779.25, OSM acknowledged that the required 
slope measurements could be derived from existing topographic maps or 
from measurements taken in the field (44 FR 15045, March 13, 1979). 
Since that time, OSM has found that most permit applicants derive the 
required measurements from a topographic map rather than from field 
measurements. Section 777.14(a) requires a permit applicant to submit a 
topographic map of the permit area which includes U.S. Geological 
Survey topographic features. Therefore, it makes no difference whether 
the applicant measures the slope from a topographic map, in fulfillment 
of the requirements under Sec. 779.25(a)(11), or the regulatory 
authority measures the slope from the same or similar topographic map 
submitted under Sec. 777.14(a) so long as the regulatory authority has 
adequate information on the slope of the proposed permit area to assure 
that approximate original contour will be achieved. Subsequent to the 
1979 promulgation and issuance of Sec. 779.25(a)(11), OSM has also made 
available to regulatory authorities the TIPS software and data analysis 
capabilities which allows both premining slopes and cross sections to 
be computed.
    Several commenters agreed with the proposal to delete 
Sec. 779.25(a)(11) as they felt that the information is already 
available to the regulatory authority independent of any submission by 
the applicant. One commenter opposed the proposal on the basis that it 
is the operator's responsibility to supply the baseline slope 
measurement data. However, as discussed above, the operator is already 
required by Sec. 777.14(a) to supply the appropriate topographic maps 
of the permit area which represent the baseline information for slope 
measurement calculations. All regulatory authorities also have access 
to TIPS systems and have the capability to calculate premining slopes 
and cross sections from the topographic maps provided. This same 
commenter alleged that the operator may not be able to demonstrate AOC 
if the regulatory authority is the only party with the slope data. OSM 
does not agree. Irrespective of the deletion of Sec. 779.25(a)(11), the 
permit applicant must demonstrate in the plan, under the requirement of 
Sec. 816.102, the ability to meet the performance standards for AOC. 
Thus, the deletion of this section does not relieve the applicant of 
the responsibility to demonstrate how AOC is achieved in the 
reclamation plan.

IV. Procedural Matters

Federal Paperwork Reduction Act

    The collections of information contained in this rule have been 
approved by the Office of Management and Budget under 44 U.S.C. 3501 et 
seq. and assigned clearance numbers 1029-0035 and 1029-0038.

Executive Order 12866

    This rule has been reviewed under Executive Order 12866.

Regulatory Flexibility Act

    The Department of Interior has determined, pursuant to the 
Regulatory Flexibility Act, 5 U.S.C. 601 et seq., that the final rule 
will not have a significant economic impact on a substantial number of 
small entities. The final rule consolidates requirements for premining 
and postmining land use and thereby eliminates redundancies in the 
regulations with a resulting reduction in the reporting burden on the 
public. This should result in a cost savings to the public.

National Environmental Policy Act

    OSM has prepared an environmental assessment (EA), and has made a 
finding that this rule will not significantly affect the quality of the 
human environment under section 102(2)(C) of the National Environmental 
Policy Act of 1969, 42 U.S.C. 4332(2)(C). The EA and finding of no 
significant impact are on file in the OSM Administrative Record, room 
660, 800 North Capitol Street NW., Washington, DC.

Executive Order 12778 on Civil Justice Reform

    This rule has been reviewed under the applicable standards of 
section 2(b)(2) of Executive Order 12778, Civil Justice Reform (56 FR 
55195). In general, the requirements of section 2(b)(2) of Executive 
Order 12778 are covered by the preamble discussion of this rule. 
Additional remarks follow concerning individual elements of the 
Executive Order:
    A. What is the preemptive effect, if any, to be given to the 
regulation?
    To the extent that the rule would relieve, rather than impose, 
regulatory requirements, the rule would have no preemptive effect.
    B. What is the effect on existing Federal law or regulation, if 
any, including all provisions repealed or modified?
    This rule modifies the implementation of SMCRA as described herein, 
and is not intended to modify the implementation of any other Federal 
statute. The preceding discussion of this rule specifies the Federal 
regulatory provisions that are affected by this rule.
    C. Does the rule provide a clear and certain legal standard for 
affected conduct rather than a general standard, while promoting 
simplification and burden reduction?
    The standards established by this rule are as clear and certain as 
practicable, given the complexity of the topics covered and the 
mandates of SMCRA.
    D. What is the retroactive effect, if any, to be given to the 
regulation?
    This rule is not intended to have retroactive effect.
    E. Are administrative proceedings required before parties may file 
suit in court? Which proceedings apply? Is the exhaustion of 
administrative remedies required?
    No administrative proceedings are required before parties may file 
suit in court challenging the provisions of this rule under section 
526(a) of SMCRA, 30 U.S.C. 1276(a).
    Prior to any judicial challenge to the application of the rule, 
however, administrative procedures must be exhausted. In situations 
involving OSM application of the rule, applicable administrative 
procedures may be found at 43 CFR part 4. In situations involving State 
regulatory authority application of provisions equivalent to those 
contained in this rule, applicable administrative procedures are set 
forth in the particular State program.
    F. Does the rule define key terms, either explicitly or by 
reference to other regulations or statutes that explicitly define those 
items?
    Terms which are important to the understanding of this rule are set 
forth in 30 CFR 700.5 and 701.5.
    G. Does the rule address other important issues affecting clarity 
and general draftsmanship of regulations set forth by the Attorney 
General, with the concurrence of the Director of the Office of 
Management and Budget, that are determined to be in accordance with the 
purposes of the Executive Order?
    The Attorney General and the Director of the Office of Management 
and Budget have not issued any guidance on this requirement.

Author

    The principal author of this rule is Ms. Archana Kohli, Civil 
Engineer, Division of Technical Services, Office of Surface Mining, 
1951 Constitution Avenue, suite 640 NC, Washington, DC 20240. Ms. 
Kohli's telephone number is (202) 343-3871 commercial or FTS.

List of Subjects

30 CFR Part 779

    Environmental protection, Reporting and recordkeeping requirements, 
Surface mining.

30 CFR Part 780

    Reporting and recordkeeping requirements, Surface mining.

30 CFR Part 783

    Environmental protection, Reporting and recordkeeping requirements, 
Underground mining.

30 CFR Part 784

    Reporting and Recordkeeping requirements, Underground mining.

    Dated: May 4, 1994.
Bob Armstrong,
Assistant Secretary, Land and Minerals Management.

    Accordingly, 30 CFR Parts 779, 780, 783, and 784 are amended as set 
forth below.

PART 779--SURFACE MINING PERMIT APPLICATIONS--MINIMUM REQUIREMENTS 
FOR INFORMATION ON ENVIRONMENTAL RESOURCES

    1. The authority citation for part 779 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.; sec. 115 of Pub. L. 98-146, 
(30 U.S.C. 1257), and 16 U.S.C. 470 et seq.


Sec. 779.22  [Removed]

    2. Section 779.22 is removed.


Sec. 779.25  [Amended]

    3. In section 779.25, paragraph (a)(11) is removed.

PART 780--SURFACE MINING PERMIT APPLICATIONS--MINIMUM REQUIREMENT 
FOR RECLAMATION AND OPERATION PLAN

    4. The authority citation for part 780 continues to read as 
follows:

    Authority: Pub. L. 95-87, 30 U.S.C. 1201 et seq., as amended; 
sec. 115 of Pub. L. 98-146, 30 U.S.C. 1257; 16 U.S.C. 470 et seq.; 
and Pub. L. 100-34.

    5. Section 780.23 is revised to read as follows:


Sec. 780.23  Reclamation plan: Land use information.

    (a) The plan shall contain a statement of the condition, 
capability, and productivity of the land within the proposed permit 
area, including:
    (1) A map and supporting narrative of the uses of the land existing 
at the time of the filing of the application. If the premining use of 
the land was changed within 5 years before the anticipated date of 
beginning the proposed operations, the historic use of the land shall 
also be described. In the case of previously mined land, the use of the 
land prior to any mining shall also be described to the extent such 
information is available.
    (2) A narrative of land capability and productivity, which analyzes 
the land-use description under paragraph (a) of this section in 
conjunction with other environmental resources information. The 
narrative shall provide analyses of:
    (i) The capability of the land before any mining to support a 
variety of uses, giving consideration to soil and foundation 
characteristics, topography, vegetative cover, and the hydrology of the 
proposed permit area; and
    (ii) The productivity of the proposed permit area before mining, 
expressed as average yield of food, fiber, forage, or wood products 
from such lands obtained under high levels of management. The 
productivity shall be determined by yield data or estimates for similar 
sites based on current data from the U.S. Department of Agriculture, 
State agricultural universities, or appropriate State natural resource 
or agricultural agencies.
    (b) Each plan shall contain a detailed description of the proposed 
use, following reclamation, of the land within the proposed permit 
area, including a discussion of the utility and capacity of the 
reclaimed land to support a variety of alternative uses, and the 
relationship of the proposed use of existing land use policies and 
plans. This description shall explain:
    (1) How the proposed post mining land use is to be achieved and the 
necessary support activities which may be needed to achieve the 
proposed land use; and
    (2) Where a land use different from the premining land use is 
proposed, all materials needed for approval of the alternative use 
under 30 CFR 816.133.
    (3) The consideration which has been given to making all of the 
proposed surface mining activities consistent with surface owner plans 
and applicable State and local land use plans and programs.
    (c) The description shall be accompanied by a copy of the comments 
concerning the proposed use by the legal or equitable owner of record 
of the surface of the proposed permit area and the State and local 
government agencies which would have to initiate, implement, approve, 
or authorize the proposed use of the land following reclamation.

PART 783--UNDERGROUND MINING PERMIT APPLICATIONS--MINIMUM 
REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES

    6. The authority citation for part 783 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.; sec. 115 of Pub. L. 98-146, 
(30 U.S.C. 1257), and 16 U.S.C. 470 et seq.


Sec. 783.22  [Removed]

    7. Section 783.22 is removed.


Sec. 783.25  [Amended]

    8. In section 783.25, paragraph (a)(11) is removed.

PART 784--UNDERGROUND MINING PERMIT APPLICATIONS--MINIMUM 
REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN

    9. The authority citation for part 784 continues to read as 
follows:

    Authority: Pub. L. 95-87, 30 U.S.C. 1201 et seq., as amended; 
sec. 115 of Pub. L. 98-146, 30 U.S.C. 1257; 16 U.S.C. 470 et seq.; 
and Pub. L. 100-34.

    10. Section 784.15 is revised to read as follows:


Sec. 784.15  Reclamation plan: Land use Information.

    (a) The plan shall contain a statement of the condition, 
capability, and productivity of the land within the proposed permit 
area, including:
    (1) A map and supporting narrative of the uses of the land existing 
at the time of the filing of the application. If the premining use of 
the land was changed within 5 years before the anticipated date of 
beginning the proposed operations, the historic use of the land shall 
also be described. In the case of previously mined land, the use of the 
land prior to any mining shall also be described to the extent such 
information is available.
    (2) A narrative of land capability and productivity, which analyzes 
the land-use description under paragraph (a) of this section in 
conjunction with other environmental resources information. The 
narrative shall provide analyses of:
    (i) The capability of the land before any mining to support a 
variety of uses, giving consideration to soil and foundation 
characteristics, topography, vegetative cover, and the hydrology of the 
proposed permit area; and
    (ii) The productivity of the proposed permit area before mining, 
expressed as average yield of food, fiber, forage, or wood products 
from such lands obtained under high levels of management. The 
productivity shall be determined by yield data or estimates for similar 
sites based on current data from the U.S. Department of Agriculture, 
State agricultural universities, or appropriate State natural resource 
or agricultural agencies.
    (b) Each plan shall contain a detailed description of the proposed 
use, following reclamation, of the land within the proposed permit area 
including a discussion of the utility and capacity of the reclaimed 
land to support a variety of alternative uses, and the relationship of 
the proposed use to existing land use policies and plans. This 
description shall explain:
    (1) How the proposed postmining land use is to be achieved and the 
necessary support activities which may be needed to achieve the 
proposed land use; and
    (2) Where a land use different from the premining land use is 
proposed, all materials needed for approval of the alternative use 
under 30 CFR 817.133.
    (3) The consideration which has been given to making all of the 
proposed surface mining activities consistent with surface owner plans 
and applicable State and local land use plans and programs.
    (c) The description shall be accompanied by a copy of the comments 
concerning the proposed use by the legal or equitable owner of record 
of the surface of the proposed permit area and the State and local 
government agencies which would have to initiate, implement, approve, 
or authorize the proposed use of the land following reclamation.

[FR Doc. 94-13014 Filed 5-26-94; 8:45 am]
BILLING CODE 4310-05-M