[Federal Register Volume 59, Number 105 (Thursday, June 2, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-13417] [[Page Unknown]] [Federal Register: June 2, 1994] _______________________________________________________________________ Part V Department of the Interior _______________________________________________________________________ Office of Surface Mining Reclamation and Enforcement _______________________________________________________________________ 30 CFR Part 701, et al. Lands Eligible for Remining; Proposed Rule DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Parts 701, 773, 785, 816, and 817 RIN 1029-AB74 Lands Eligible for Remining AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) proposes to amend its existing regulations in light of recently enacted changes to Title V of the Surface Mining Control and Reclamation Act of 1977 (SMCRA), as amended by the Energy Policy Act of 1992. The proposed rules are intended to provide incentives for the remining and reclamation of lands eligible for expenditures under section 402(g)(4) or 404 of SMCRA. DATES: Written comments: OSM will accept written comments on the proposed rule until 5 p.m., Eastern time, on August 1, 1994. Public hearings: Upon request, OSM will hold public hearings on the proposed rule in Washington, DC; and in the States of California, Georgia, Idaho, Massachusetts, Michigan, North Carolina, Oregon, Rhode Island, South Dakota, Tennessee, and Washington at times and on dates and locations to be announced in the Federal Register prior to the hearings. OSM will accept requests for public hearings until 5 p.m., Eastern time, on June 23, 1994. Individuals wishing to attend, but not testify, at any hearing should contact the person identified under FOR FURTHER INFORMATION CONTACT before the hearing date to verify that the hearing will be held. ADDRESSES: Written comments: Hand-deliver to the Office of Surface Mining Reclamation and Enforcement, Administrative Record, room 660, 800 North Capitol Street, Washington, DC; or mail to the Office of Surface Mining Reclamation and Enforcement, Administrative Record, room 660 NC, 1951 Constitution Avenue, NW., Washington, DC 20240. Public hearings: The addresses and times for any hearings held will be announced prior to the hearings. Requests for public hearings: Submit requests orally or in writing to the person and address specified under FOR FURTHER INFORMATION CONTACT. FOR FURTHER INFORMATION CONTACT: Douglas J. Growitz, P.G., Office of Surface Mining Reclamation and Enforcement, room 640 NC, 1951 Constitution Avenue, NW, Washington, DC 20240; Telephone: 202-343-1507. SUPPLEMENTARY INFORMATION: I. Public Comment Procedures II. Background III. Discussion of Proposed Rule IV. Procedural Matters I. Public Comment Procedures Written Comments: Written comments submitted on the proposed rule should be specific, should be confined to issues pertinent to the proposed rule, and should explain the reason for any recommended change. Where practicable, commenters should submit three copies of their comments. Comments received after the close of the comment period (see DATES) or delivered to an address other than those listed above (see ADDRESSES), may not be considered or included in the Administrative Record for the final rule. Public hearings: OSM will hold a public hearing on the proposed rule on request only. The time, date, and address for any hearing will be announced in the Federal Register at least 7 days prior to the hearing. Any person interested in participating at a hearing at a particular location should inform Mr. Growitz (see FOR FURTHER INFORMATION CONTACT), either orally or in writing, of the desired hearing location by 5 p.m., Eastern time, on June 23, 1994. If no one has contacted Mr. Growitz to express an interest in participating in a hearing at a given location by that date, a hearing will not be held. If only one person expresses an interest, a public meeting rather than a hearing may be held and the results included in the Administrative Record. If a hearing is held, it will continue until all persons wishing to testify have been heard. The hearing will be transcribed. To assist the transcriber and ensure an accurate record, OSM requests that each person who testifies at a hearing provide the transcriber with a written copy of his or her testimony. To assist OSM in preparing appropriate questions, OSM also requests, if possible, that each person who plans to testify submit to OSM at the address previously specified for the submission of written comments (see ADDRESSES) an advance copy of his or her testimony. II. Background The House of Representatives Report from the Committee on Interior and Insular Affairs on the Comprehensive National Energy Policy Act of 1992 (H.R. Rep. 474, 102 Cong., 2d Session at 85 (1992)) contains the following statements: ``The [coal remining] provisions of this section seek to make coal available that otherwise would be bypassed by providing incentives for industry to extract and reprocess, in an environmentally sound manner, coal that remains in abandoned mine lands and refuse piles. Current law reclamation performance standards were devised to address surface coal mining on undisturbed lands; the unintended result is to discourage remining. Remining also serves to mitigate the health, safety, and environmental threats posed to coalfield residents from abandoned mine lands by augmenting the work done under the Abandoned Mine Reclamation Program.'' These statements succinctly characterize a basic and long-standing conflict associated with remining. On October 24, 1992, the President signed into law the Energy Policy Act of 1992, Public Law 102-486, section 2503, Coal Remining, which, in part, amended Sections 510, 515(b)(20), and 701 of SMCRA in order to provide the following initiatives to encourage remining in an environmentally-sound manner: 1. The revegetation success liability period for certain remining operations has been reduced to five years in the West and two years in the East; 2. Remined lands shall remain eligible for Title IV reclamation following bond release; and 3. The permittee of a remining operation shall not be subject to subsequent permit blocking under Section 510(c) of SMCRA for any violation resulting from an unanticipated event or condition occurring on the remining site. (Section 510(c) is implemented by 30 CFR 773.15.) III. Discussion of Proposed Rules A. Introduction Regarding the above-mentioned remining amendments to SMCRA which are the subject of this rulemaking, OSM sought input from environmental groups, industry, and State regulatory authorities concerning the extent to which new regulations would need to expand or clarify statutory language in order to effectively implement Congressional intent. Comments received during this outreach have been considered in developing this proposal. Other provisions in section 2503 of the Energy Policy Act prescribe specific regulatory initiatives regarding the removal or on-site reprocessing of abandoned coal refuse sites. These initiatives will be implemented under a separate rulemaking. B. Proposed Rules 1. 30 CFR Part 701--Permanent Regulatory Program Section 701.5, Definitions, is proposed to be amended by adding two terms defined in section 2503(c) of the Energy Policy Act. Lands eligible for remining would be defined as in the Energy Policy Act by reference to sections 404 and 402(g)(4) of the SMCRA. Thus, the following sites would be included under this definition: sites that were mined for coal or affected by mining activities and abandoned or left in an inadequate reclamation status prior to August 3, 1977, and for which there is no continuing reclamation responsibility under State or other Federal laws; coal sites in each State abandoned after August 3, 1977, but before the State received primacy under SMCRA and for which available bond is insufficient to provide for adequate reclamation; or coal sites where mining was completed between August 4, 1977, and November 5, 1990, and which remain unreclaimed due to the insolvency of a surety company occurring during that same period. Unanticipated event or condition is proposes to be defined consistent with the definition contained in the Energy Policy Act to mean an event or condition at an operation on lands eligible for remining under section 404 or 402(g)(4) of SMCRA that was not contemplated by the applicable surface coal mining and reclamation permit. 2. 30 CFR Part 773--Requirements for Permits and Permit Processing OSM proposes to amend Section 773.15, Review of Permit Applications, in two ways. A new proposed subparagraph (c)(13) would require the regulatory authority to utilize data and analyses provided under existing permit information rules and proposed Sec. 785.25, discussed in the next section, in order to find that the proposed permit area contains lands eligible for remining and to set a threshold beyond which conditions or events arising subsequent to permit issuance may be presumed to constitute ``unanticipated events or conditions'' for the purpose of applying the permit-block exclusion of proposed paragraph (f) of Sec. 773.15. The regulatory authority would evaluate the potential environmental and safety problems and associated analysis provided by the applicant based on a review of procedures used, supporting data and documentation, and mitigation plans. After acceptance of the estimates and findings provided by the applicant, the regulatory authority would set the threshold. The threshold which will be determined on a case-by- case basis is therefore set at permit issuance. OSM believes the information provided by the applicant under proposed new Sec. 785.25, which contains additional permit requirements tailored specifically to remining problems, is compatible with the development of a threshold. Two elements of proposed 785.25 are considered to be particularly well suited for this purpose: 1. The permit applicant's estimate of the maximum impacts associated with each identified potential environmental or safety problem; and 2. the permit applicant's estimate of the probability of each potential environmental or safety problem occurring. Furthermore, OSM believes that a threshold expressed quantitatively in terms of either or both of these two elements would provide the clearest guidance for operators, be easier to regulate for the regulatory authorities, and would minimize subsequent controversy and disputes between the operator and regulatory authority as to what events or conditions were indeed ``unanticipated''. OSM is therefore seeking comments on three issues associated with formulating a threshold: 1. Whether either or both of the two elements described above, or some combination of the two, would provide an appropriate base for such formulation; 2. methods by which the base may be expressed in quantifiable terms; and 3. whether additional guidance is needed for the regulatory authority in the final rule and what the nature of that guidance should be. Proposed paragraph (f) would be added to implement the Energy Policy Act's section 2503(a) mandate for an exclusion from permit blocking provisions of 510(c) of SMCRA. The proposed rule would waive the permit-block provisions of paragraph (b) of Sec. 773.15 in cases where a violation occurred at a remining site and the violation was attributed to an unanticipated event or condition. In such cases, the person holding the remining permit would not be rendered ineligible for a new permit based on the violation. Statutory authority for the permit-block exclusion would expire on September 30, 2004. The scope of the permit-block exclusion of proposed paragraph (f) derives from the statutory term ``violation resulting from an unanticipated event or condition at a surface coal mining operation.'' The question has arisen whether the non-payment of delinquent penalties assessed after a notice of violation or a failure-to-abate cessation order based on an ``on the ground'' violation resulting from an unanticipated event or condition should be covered by the Energy Policy Act exclusion. Such delinquencies, which are violations, would be covered by the exclusion if they were construed as ``resulting from an unanticipated event or condition at a surface coal mining operation.'' OSM is seeking comments on the extent to which such violations should be covered by the exclusion in section 2503(a) of the Energy Policy Act. Another question that might arise is whether the operator of a previously undisturbed site would be subject to permit blocking for an unabated violation on his site which originated from an unanticipated event on a nearby or adjacent remining operation. Whether or not an event or condition on an adjacent site is a violation is a fact specific inquiry and depends on whether the surface coal mining operation on the adjacent site caused or contributed to the event or condition. Therefore, if the operator of the previously undisturbed site contributed to the event or condition which originated on the remining site and that operator does not abate the violation, the operator of the previously undisturbed site would be permit blocked. The proposed paragraph (f) exemption for permit blocking only relates to violations occurring on lands eligible for remining. OSM is seeking comments on any other examples of the interplay between remining operations and adjacent surface coal mining operations that may need to be explained in the final rulemaking. 3. 30 CFR Part 785--Requirements for Permits for Special Categories of Mining OSM proposes to add new Sec. 785.25, Lands eligible for remining. (Sections 785.23 and 785.24 are being reserved for a separate rulemaking.) The permit requirements in proposed section 785.25 for operations on lands eligible for remining are intended to supplement information requirements in existing rules as they would apply to operations on lands eligible for remining. The types of new permit information being proposed would be required only to the extent that they are not provided under existing regulations. For example, provisions related to the determination of probably hydrologic consequences at Secs. 780.21 and 784.14 of the permanent program regulations require baseline information on flow and quality of ground water and surface water and an estimate of the impacts of the proposed operation on these baseline conditions such as findings on: Whether adverse impacts may occur to the hydrologic balance; whether acid- forming or toxic-forming materials are present that could contaminate surface or ground water supplies; and whether surface or ground water used for any legitimate purpose in the permit or adjacent area will be contaminated, diminished or interrupted. The permit requirements of Secs. 780.21 and 784.14 were intended to identify and control probable impacts to hydrology from coal removal associated with the first time disturbance of the land. Hence, they do not in most cases address the unique environmental or safety problems and impacts that can arise from the redisturbance of abandoned mine lands. The proposal would fill in this gap by focusing on the identification of: Potential environmental and safety problems specific to lands eligible for remining; maximum impacts that could result and the probability for the type of problem to occur; and mitigation measures to meet applicable performance standards. The purpose of these requirements is to provide the regulatory authority with a sound basis for setting a threshold beyond which conditions or events arising subsequent to permit issuance may be presumed to be unanticipated at the site. Furthermore, these requirements will help to ensure that potential environmental and safety problems commonly linked to abandoned mine land sites are not overlooked at the permitting stage and, thus, inadvertently contribute to the occurrence of unanticipated events or conditions which might result in more severe environmental or safety problems from the remining operation than may currently exist at the site. Thus, OSM believes it is essential that all reasonable evaluations be conducted in order to identify the probability for serious environmental or safety problems to occur. While there are potential economic and environmental benefits to be gained through remining, there also exists the potential for significant environmental degradation and safety problems. For example, if a remining operation unintentionally caused a sudden discharge of water or blowout from an adjacent water-filled abandoned mine, significant quantities of acid mine discharge could be released and create severe ecological harm in the receiving streams. It is important, therefore, in granting remining permits that the applicant identify the potential environmental and safety problems associated with the site, maximum impacts associated with these problems, and the probability for each type of problem to occur. These categories of information will assist the regulatory authority in setting a threshold beyond which conditions or events arising subsequent to permit issuance may be presumed to constitute unanticipated events or conditions. In order to provide a permit applicant for a remining operation some certainty regarding the potential scope of the 510(c) permit-blocking provision, the applicant shall be expected to provide all required information related to the potential environmental and safety problems of the remining site. OSM recognizes the difficulty of accurately predicting certain impacts such as acid mine drainage even on the basis of extensive baseline information. OSM is therefore soliciting comments on other specific information needed to be provided by the applicant that will be useful in developing a threshold for unanticipated events. OSM is also requesting estimates on the number of hours to develop the information required by Sec. 785.25 and is seeking suggestions on efficient and effective ways to develop this information and present it in the permit application. 4. 30 CFR Part 816--Permanent Program Performance Standards--Surface Mining Activities OSM is proposing to amend subparagraphs (c)(2) and (c)(3) of section 816.116, Revegetation: Standards for Success. The change at (c)(2) would reduce the period of applicant responsibility for revegetation success at sites eligible for remining from five to two years in areas of more than 26.0 inches of average annual precipitation and for these sites provide that vegetative parameters for grazing land, pasture land, or cropland shall equal or exceed the approved success standard during the growing season of any two years of the responsibility period. The change at (c)(3) would reduce the applicant responsibility for revegetation success from ten to five years in areas of 26.0 inches or less of annual average precipitation. The authority for these changes would expire on September 30, 2004. 5. 30 CFR Part 817--Permanent Program Performance Standards-- Underground Mining Activities OSM is proposing to amend subparagraphs (c)(2) and (c)(3) of Sec. 817.116, Revegetation: Standards for Success. The change at (c)(2) would reduce the period of applicant responsibility for revegetation success from five to two years in areas of more than 26.0 inches of average annual precipitation, and the change at (c)(3) would reduce the applicant responsibility for revegetation success from ten to five years in areas of 26.0 inches or less of annual average precipitation. The authority for these changes would expire on September 30, 2004. IV. Procedural Matters Federal Paperwork Reduction Act The collections of information contained in this rule have been submitted to the Office of Management and Budget for approval as required by 44 U.S.C. 3501 et seq. The collection of this information will not be required until it has been approved by the Office of Management and Budget. Public reporting burden for this collection of information is estimated to average 80 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other collection of information, including suggestions for reducing the burden, to the Office of Surface Mining Reclamation and Enforcement, Information Collection Clearance Officer, room 640 NC, 1951 Constitution Ave., Washington, DC 20240; and the Office of Management and Budget, Paperwork Reduction Project (1029-0040 and 1029- 0041), Washington, DC 20503. Executive Order 12778; Civil Justice Reform Certification This proposed 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 proposed 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 retain primacy, States have to adopt and apply standards for their regulatory programs that are no less effective than those set forth in OSM's regulations. Any State law that is inconsistent with or that would preclude implementation of the proposed regulation would be subject to preemption under section 505 of SMCRA and its implementing regulations at 30 CFR 730.11. Section 505(b) of that act provides that any provision of State law which provides for more stringent land use and environmental controls and regulation of surface coal mining and reclamation operations than do the provisions of SMCRA or any regulations issued pursuant thereto shall not be construed to be inconsistent with SMCRA. Therefore, to the extent that the proposed regulation would provide less stringent land use and environmental controls than presently contained in State law, the proposed regulation would not preempt the State provisions and would not necessitate changes to approved State programs. A more definitive answer to this question will depend on the provisions of any final rule adopted in this rulemaking. B. What is the effect on existing Federal law or regulation, if any, including all provisions repealed or modified? This proposed 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 proposed rule specifies the Federal regulatory provisions that are affected by this proposed revision. 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. The purpose of this proposed rule is to establish clear and certain standards in order to implement a more effective program. 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 proposed 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 proposed 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 proposed rule are set forth in 30 CFR 700.5, 701.5, 773.15 and 785.23. New definitions are located in section 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 Management and Budget have not issued any guidance on this requirement. Executive Order 12866 This proposed rule has been reviewed under Executive Order 12866. Regulatory Flexibility Act The Department of the Interior has determined, pursuant to the Regulatory Flexibility Act, 5 U.S.C. 601 et, seq., that the proposed rule will not have a significant economic impact on a substantial number of small entities. This determination is based on the findings that the regulatory additions is the rule will not change costs to industry or to the Federal, State, or local governments. Furthermore, the rule produces no adverse effects on competition, employment, investment, productivity, innovation, or the ability of the United States enterprises to compete with foreign-based enterprises in domestic or export markets. National Environmental Policy Act OSM has prepared a draft environmental assessment (EA) of this proposed rule and has made a tentative finding that it would not significantly affect the quality of the human environment under section 102(2)(C) of the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4332(2)(C). It is anticipated that a finding of no significant impact (FONSI) will be made for the final rule in accordance with OSM procedures under NEPA. The EA is on file in the OSM Administrative Record at the address specified previously (see ADDRESSES). The EA will be completed and a finding made on the significance of any resulting impacts prior to promulgation of the final rule. Author The principal author of this proposed rule is: Douglas J. Growitz, P.G., Hydrologist, Branch of Research and Technical Standards, Office of Surface Mining Reclamation and Enforcement, room 640 NC, 1951 Constitution Avenue, NW., Washington, DC 20240, Telephone: 202-343- 1507. List of Subjects 30 CFR Part 701 Law enforcement, Surface mining, Underground mining. 30 CFR Part 773 Reporting and recordkeeping requirements, Administrative practice and procedure, Surface mining, Underground mining. 30 CFR Part 785 Reporting and recordkeeping requirements, Surface mining, Underground mining. 30 CFR Part 816 Environmental protection, Reporting and recordkeeping requirements, Surface mining. 30 CFR Part 817 Environmental protection, Reporting and recordkeeping requirements, Underground mining. Dated: May 11, 1994. Nancy Keir Hayes, Acting Assistant Secretary, Land and Minerals Management. Accordingly, OSM proposes to amend 30 CFR parts 701, 773, 785, 816 and 817 as set forth below: PART 701--PERMANENT REGULATORY PROGRAM 1. The authority citation for part 701 is revised to read as follows: Authority: 30 U.S.C. 1201 et seq., as amended; Pub. L. 100-34; and Pub. L. 102-486. 2. Section 701.5 is amended by adding alphabetically definitions of ``lands eligible for remining'' and ``unanticipated event or condition'' as follows: Sec. 701.5 Definitions. * * * * * Lands eligible for remining means those lands that would otherwise be eligible for expenditures under section 404 or under section 402(g)(4) of the Act. * * * * * Unanticipated event or condition as used in Secs. 773.15 and 785.25 of this chapter means an event or condition at a surface coal mining operation on lands eligible for remining that was not contemplated by the applicable permit to conduct surface coal mining operations. * * * * * PART 773--REQUIREMENTS FOR PERMITS AND PERMIT PROCESSING 3. The authority citation for part 773 is revised to read as follows: Authority: 30 U.S.C. 1201 et seq., as amended; Pub. L. 100-34; 16 U.S.C. 470 et seq.; 16 U.S.C. 1531 et seq.; 16 U.S.C. 661 et seq.; 16 U.S.C. 703 et seq.; 16 U.S.C. 668a; 16 U.S.C. 469 et seq.; 16 U.S.C. 470aa et seq.; and Pub. L. 102-486. 4. Section 773.15 is amended by adding new paragraphs (c)(13) and (f) to read as follows: Sec. 773.15 Review of permit applications. * * * * * (c) * * * (13) Based upon the data and analyses provided under parts 779, 780, 783, and 784, as applicable, and Sec. 785.25 of this chapter, the regulatory authority has: (i) determined that the permit contains lands eligible for remining; and (ii) set a threshold beyond which conditions or events arising subsequent to permit issuance may be presumed to constitute unanticipated events or conditions for the purposes of Sec. 773.15(f) of this chapter. * * * * * (f) Lands eligible for remining. Until September 30, 2004, the prohibitions of paragraph (b) of this section shall not apply to any violation resulting from an unanticipated event or condition at a surface coal mining and reclamation operation on lands eligible for remining under a permit held by the person making such application. * * * * * PART 785--REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING 5. The authority citation for part 785 is revised to read as follows: Authority: 30 U.S.C. 1201 et seq., as amended; Pub. L. 100-34; and Pub. L. 102-486. 6. Section 785.25 is added to read as follows: Sec. 785.25 Lands eligible for remining. (a) This section applies to any person who conducts or intends to conduct a surface coal mining operation on lands eligible for remining. (b) Any application for a permit under this section shall be made according to all requirements of this subchapter applicable to surface coal mining and reclamation operations. In addition, the application shall: (1) To the extent not otherwise addressed in the permit application, identify potential environmental and safety problems associated with the site, the maximum degree of impact attributable to each problem, and the probability that each type of problem will occur. These problems would include but are not limited to impacts of acid mine drainage on the hydrologic balance, sudden discharges of water from adjacent water-filled mine workings, and sediment and safety issues associated with abandoned spoil. (2) Describe mitigative measures for each potential environmental or safety problem in order to meet applicable performance standards. PART 816--PERMANENT PROGRAM PERFORMANCE STANDARDS-SURFACE MINING ACTIVITIES 7. The authority citation for part 816 is revised to read as follows: Authority: 30 U.S.C. 1201 et seq., as amended; sec 115 of Pub. L. 98-146, 30 U.S.C. 1257; Pub. L. 100-34; and Pub. L. 102-486. 8. Section 816.116 is amended by revising paragraphs (c)(2) and (c)(3) to read as follows: Sec. 816.116 Revegetation: Standards for success. * * * * * (c)(2) In areas of more than 26.0 inches of annual average precipitation, the period of responsibility shall continue for a period of less than five full years, except that, on lands eligible for remaining, the period of responsibility (until September 30, 2004) shall be two full years. In areas with a five-year period of responsibility, the vegetation parameters identified in paragraph (b) of this section for grazing land, pasture land, or cropland shall equal or exceed the approved success standard during the growing season of any two years of the responsibility period, except the first year. In areas with a two-year period of responsibility, the vegetative parameters identified in paragraph (b) of this section for grazing land, pasture land, or cropland shall equal or exceed the approved success standard during the growing season of any two years of the responsibility period. Areas approved for the other uses identified in paragraph (b) of this section shall equal or exceed the applicable success standard during the growing season of the last year of the responsibility period. (3) In areas of 26.0 inches or less average annual precipitation, the period of responsibility shall continue for a period of not less than 10 full years, except that, on lands eligible for remining, the period of responsibility (until September 30, 2004) shall be five years. Vegetation parameters identified in paragraph (b) of this section shall equal or exceed the approved success standard for at least the last two consecutive years of the responsibility period. * * * * * PART 817--PERMANENT PROGRAM PERFORMANCE STANDARDS--UNDERGROUND MINING ACTIVITIES 9. The authority citation for part 817 is revised to read as follows: Authority: 30 U.S.C. 1201 et seq., as amended; sec. 115 of Pub. L. 98-146, 30 U.S.C. 1257; Pub. L. 100-34; and Pub. L. 102-486. 10. Section 817.116 is amended by revising paragraphs (c)(2) and (c)(3) to read as follows: Sec. 817.116 Revegetation: Standards for success. * * * * * (c)(2) In areas of more than 26.0 inches of annual average precipitation, the period of responsibility shall continue for a period of not less than five full years, except that, on lands eligible for remining, the period of responsibility (until September 30, 2004) shall be two full years. In areas with a five-year period of responsibility, the vegetation parameters identified in paragraph (b) of this section for grazing land, pasture land, or cropland shall equal or exceed the approved success standard during the growing season of any two years of the responsibility period, except the first year. In areas with a two- year period of responsibility, the vegetative parameters identified in paragraph (b) of this section for grazing land, pasture land, or cropland shall equal or exceed the approved success standard during the growing season of any two years of the responsibility period. Areas approved for the other uses identified in paragraph (b) of this section shall equal or exceed the applicable success standard during the growing season of the last year of the responsibility period. (3) In areas of 26.0 inches or less average annual precipitation, the period of responsibility shall continue for a period of not less than 10 full years, except that, on lands eligible for remining, the period of responsibility (until September 30, 2004) shall be five years. Vegetation parameters identified in paragraph (b) of this section shall equal or exceed the approved success standard for at least the last two consecutive years of the responsibility period. * * * * * [FR Doc. 94-13417 Filed 6-1-94; 8:45 am] BILLING CODE 4310-05-M