[Federal Register Volume 60, Number 6 (Tuesday, January 10, 1995)]
[Rules and Regulations]
[Pages 2512-2520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-568]



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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 936


Oklahoma Regulatory Program

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

ACTION: Final rule, approval of amendment.

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SUMMARY: OSM is approving, with additional requirements, a proposed 
amendment to the Oklahoma regulatory program (hereinafter referred to 
as the ``Oklahoma program'') under the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA). Oklahoma proposed to amend its program 
by revising its Bond Release Guidelines that include revegetation 
success standards and statistically valid sampling techniques, and 
guidelines for phase I, II, and III bond release. Oklahoma proposed 
revisions pertaining to ground cover; requirements for permanent 
impoundments, ponds, diversions, and treatment facilities; calculations 
for a technical success standard for productivity; criteria regarding 
the selection of test plots for demonstrating success of productivity 
on prime farmland cropland; the definition of ``initial establishment 
of permanent vegetative cover;'' the repair of rills and gullies as a 
normal husbandry practice; a technical document reference; and the 
correction of certain typographical errors. The amendment is intended 
to revise the Oklahoma program to be consistent with the corresponding 
Federal regulations.

EFFECTIVE DATE: January 10, 1995.

FOR FURTHER INFORMATION CONTACT:
James H. Moncrief, Telephone: (918) 581-6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Oklahoma Program

    On January 19, 1981, the Secretary of the Interior conditionally 
approved the Oklahoma program. General background information on the 
Oklahoma program, including the Secretary's findings, the disposition 
of comments, and the conditions of approval of the Oklahoma program can 
be found in the January 19, 1981, Federal Register (46 FR 4902). 
Subsequent actions concerning Oklahoma's program and program amendments 
can be found at 30 CFR 936.15, 936.16, and 936.30.

II. Submission of Amendment

    On February 17, 1994, Oklahoma submitted a proposed amendment to 
its program pursuant to SMCRA (administrative record No. OK-959.01). 
Oklahoma submitted the proposed amendment with the intent of revising 
the State program to be consistent with the corresponding Federal 
standards. Oklahoma submitted the proposed amendment, in part, in 
response to required program amendments at 30 CFR 936.16 (a) through 
(i) and, in part, at its own initiative.
    Oklahoma proposed to amend the Bond Release Guidelines that are 
referenced in Oklahoma Administrative Code (OAC) 460:20-43-46(a)(1) and 
460:20-45-46(a)(1). Specifically, Oklahoma proposed to revise the Bond 
Release Guidelines at subsection I.E.3.b to require ground cover 
sufficient to control erosion for approved commercial or industrial 
land uses; subsection I.F.3.d to require, on areas previously disturbed 
by mining, that ground cover be at least 70 percent and sufficient to 
control erosion; subsection I.F.5.b to require that water discharged 
from permanent impoundments, ponds, diversions, and treatment 
facilities shall meet water quality effluent limitations; subsections 
II.B.2.d and III.B.2.d to reference Appendix O for the method for 
calculating a technical success standard for productivity on, 
respectively, pastureland and grazing land; subsection V.B.2.c to 
reference Appendix P for the method for calculating a technical success 
standard for productivity of row crops on prime farmland cropland; 
subsection V.B.2.d to add criteria regarding the selection of test 
plots for demonstrating success of productivity on prime farmland 
cropland; subsection V.B.2.e to reference Appendix O for the method for 
calculating a technical success standard for productivity of grain or 
hay crops on prime farmland cropland; subsection VI.B.2.e to reference 
Appendices P and Q for the methods for calculating technical success 
standards for productivity of, respectively, row crops and grain or hay 
crops on nonprime farmland cropland; Appendix A to add the definition 
of ``initial establishment of permanent vegetative cover;'' Appendices 
J and P to correct typographical errors; and Appendix V, to add a 
technical document reference. [[Page 2513]] In addition, Oklahoma 
submitted a letter, dated February 1, 1994, from the U.S. Soil 
Conservation Service (SCS) that was intended to provide concurrence 
with Appendix R concerning the repair of rills and gullies as a normal 
husbandry practice.
    OSM published a notice in the March 8, 1994, Federal Register (59 
FR 10770) announcing receipt of the amendment and inviting public 
comment on its adequacy (administrative record No. OK-959.06). The 
public hearing, scheduled for April 4,1994, was not held because no one 
requested an opportunity to testify.
    During its review of the amendment, OSM identified concerns with 
Oklahoma's proposed revisions to the Bond Release Guidelines. 
Specifically, OSM identified concerns relating to (1) sections I.E.3, 
I.F.3, II.A, and III.A, the need to establish a method to determine 
revegetation success standards for diversity, seasonality, permanence, 
and regeneration; (2) Appendix O, the method for calculating a 
technical productivity standard for success of revegetation on soils 
reclaimed for use as pastureland, grazingland, and grain and hay 
cropland on both prime and nonprime farmland; (3) subsection V.B.2.d, 
phase II bond release requirements for the use of test plots to 
demonstrate productivity on reclaimed prime farmland; and (4) Appendix 
R, the repair of rills and gullies as a normal husbandry practice. In 
addition, OSM identified certain editorial concerns relating to (1) 
subsection I.F.5.b, phase III bond release requirements for permanent 
drainage control facilities; (2) subsection V.B.2.e, the reference to 
Appendix O for the method to calculate a technical productivity 
standard on prime farmland for phase II bond release; and (3) Appendix 
J, the example calculation for a minimum adequate sample size. OSM 
notified Oklahoma of these concerns by letter dated May 20, 1994 
(administrative record No. OK-959.10).
    Oklahoma responded in a letter dated July 21, 1994, by submitting a 
revised amendment and additional explanatory information 
(administrative record No. OK-959.11).
    Based upon the revisions to and additional explanatory information 
for the proposed program amendment submitted by Oklahoma, OSM reopened 
the public comment period in the August 9, 1994, Federal Register (59 
FR 40505; administrative record No. OK-959.16). The public comment 
period closed on August 24, 1994.
    By letter dated September 2, 1994 (administrative record No. OK-
959.19), Oklahoma, and in response to an August 29, 1994, comment 
letter from SCS (administrative record No. OK-959.18), submitted a 
revised amendment. Oklahoma proposed revisions to the Bond Release 
Guidelines in Appendices A, F, and O, concerning, respectively, the 
definition of ``productivity,'' the method of sampling for production 
on pastureland and grazingland, and the methods for calculating a 
technical standard for productivity on lands reclaimed for use as 
pastureland and grazingland.
    Based upon these revisions to the proposed amendment submitted by 
Oklahoma, OSM reopened the public comment period in the September 27, 
1994, Federal Register (59 FR 49222; administrative record No. OK-
959.22). The public comment period closed on August 12, 1994.
III. Director's Findings
    Set forth below, pursuant to SMCRA and the Federal regulations at 
30 CFR 732.15 and 732.17, are the Director's findings for the proposed 
amendment submitted by Oklahoma on February 17, 1994, as revised by it 
on July 21 and September 2, 1994.
1. Nonsubstantive Revisions to the Bond Release Guidelines
    Oklahoma proposed, as State initiatives, revisions to the following 
previously-approved provisions of the Bond Release Guidelines that are 
nonsubstantive in nature and consist of minor editorial changes 
(corresponding Federal provisions are listed in parentheses):

    Appendix J, Calculation of Minimum Adequate Sample Size (30 CFR 
816.116(a)(2) and 817.116(a)(2)), correction of typographical errors 
in example calculations, and
    Appendix V, References Cited (30 CFR 816.116(a)(2) and 
817.116(a)(2)), addition of a reference to Vogel, Willis G., 1987, A 
Manual for Training Reclamation Inspectors in the Fundamentals of 
Soils and Revegetation.

    Because the proposed revisions to these previously-approved 
provisions are nonsubstantive in nature, the Director finds that these 
proposed revisions in Appendices J and V are no less effective than the 
Federal regulations. The Director approves these proposed revisions.
2. Substantive Revisions to Oklahoma's Bond Release Guidelines
    a. Subsection I.E.3.b, Phase II bond release requirements for 
ground cover on all land uses. At 30 CFR 936.16(a), OSM required that 
Oklahoma revise subsection I.E.3.b to clarify that, in cases of 
approved commercial or industrial land uses, ground cover must be 
sufficient to control erosion (finding No. 2, 58 FR 64374, 64376, 
December 7, 1993).
    Oklahoma proposed to revise subsection I.E.3.b in the Bond Release 
Guidelines to add the requirement that, on areas with an approved 
industrial or commercial postmining land use, ground cover must be 
sufficient to control erosion.
    The Federal regulations at 30 CFR 816.116(b)(4) and 817.116(b)(4) 
require that the vegetative ground cover shall not be less than that 
required to control erosion on areas to be developed for an industrial, 
commercial, or residential land use.
    The Director finds that Oklahoma's revision of subsection I.E.3.b 
in the Bond Release Guidelines is no less effective than the Federal 
regulations at 30 CFR 816.116(b)(4) and 817.116(b)(4). The Director 
approves the proposed revision at subsection I.E.3.b and removes the 
required amendment at 30 CFR 936.16(a).
    b. Subsection I.F.3.d, Phase III bond release requirements for 
ground cover on areas previously disturbed by mining, and sections 
VII.A and VII.B, phase II and III bond release requirements for ground 
cover on areas developed for commercial, industrial, or residential 
use. At 30 CFR 936.16(b), OSM required that Oklahoma revise subsection 
I.F.3.d to require, prior to phase III bond release on previously mined 
areas (areas that were not reclaimed to the requirements of the 
permanent regulatory program regulations and that were remined or 
otherwise disturbed by mining), that vegetative ground cover shall not 
be less than the ground cover existing before redistrubance (finding 
No. 3, 58 FR 64374, 64377, December 7, 1993).
    Oklahoma proposed to revise subsection I.F.3.d. in the Bond Release 
Guidelines to require that the ground cover on reclaimed areas that had 
been previously disturbed by mining cannot be less than the ground 
cover existing prior to redisturbance. Oklahoma also proposed to revise 
subsection I.F.3.d. to require that, if the ground cover prior to 
redisturbance was less than 70 percent, the ground cover on the 
reclaimed area must be at least 70 percent vegetation and must be 
sufficient to control erosion. In effect, Oklahoma proposed that the 
ground cover, on reclaimed areas that had been previously disturbed by 
mining, cannot be less than 70 percent, must be equal to or greater 
than the pre-existing ground cover if it was more than 70 percent, and 
must be sufficient to control erosion.
    The Federal regulations at 30 CFR 816.116(b)(5) and 817.116(b)(5) 
require [[Page 2514]] on previously mined areas that the reclaimed 
vegetative ground cover must (1) not be less than the ground cover 
existing before redisturbance and (2) be adequate to control erosion.
    With the exception of a minimum requirement that ground cover must 
be at least 70 percent, Oklahoma's proposed revisions are substantively 
identical to the Federal regulations at 30 CFR 816.116(b)(5) and 
817.116(b)(5). Oklahoma's proposed requirement that the ground cover on 
the reclaimed area must be at least 70 percent vegetation has no 
counterpart in the Federal regulations. However, this proposed 
requirement is not inconsistent with the Federal regulations and, in 
those cases where the ground cover of the previously disturbed area was 
less than 70 percent and was sufficient to control erosion, provides 
for a greater degree of revegetation of previously mined areas than do 
the Federal regulations.
    Therefore, the Director finds that Oklahoma's proposed revisions of 
subsection I.F.3.d in the Bond Release Guidelines are no less effective 
than the Federal regulations at 30 CFR 816.116(b)(5) and 817.116(b)(5). 
The Director approves the proposed revisions and removes the required 
amendment at 30 CFR 936.16(b).
    Oklahoma also required at sections VII.A and B, for phase II and 
III bond release on areas developed for commercial, industrial, or 
residential land use, that the ground cover must be sufficient to 
control erosion. Oklahoma indicated parenthetically that the ground 
cover standard would be 70 percent. Oklahoma, at OAC 460:20-43-43(a)(4) 
and 460:20-45-43(a)(4), and OAC 460:20-43-46(b)(5) and 460:20-45-
46(b)(5) require respectively that (1) ground cover for all land uses 
be capable of stabilizing the soil surface from erosion and (2) ground 
cover be not less than that required to control erosion for areas with 
an approved industrial, commercial, or residential land use. Therefore, 
OSM interprets Oklahoma's parenthetical indication that there must be 
70 percent ground cover on land developed for commercial, industrial, 
or residential use to be a minimum standard that must be increased if 
it is insufficient to control erosion.
    c. Subsection I.F.5.b, Phase III bond release requirements for 
permanent drainage control facilities. At 30 CFR 936.16(d), OSM 
required that Oklahoma revise subsection I.F.5.b to require that water 
discharged from permanent impoundments, ponds, diversions, and 
treatment facilities meet applicable water quality effluent limitations 
in addition to not degrading the quality of receiving water below 
applicable water quality standards (finding No. 5, 58 FR 64374, 64378, 
December 7, 1993).
    Oklahoma proposed to revise subsection I.F.5.b in the Bond Release 
Guidelines to require that water discharged from permanent 
impoundments, ponds, diversions, and treatment facilities shall meet 
applicable water quality effluent limitations and not degrade the 
quality of receiving waters to less than the water quality standards 
pursuant to applicable State and Federal laws.
    The Federal regulations at 30 CFR 816.49(b)(2) and 817.49(b)(2) 
require for permanent impoundments that the quality of impounded water 
will meet applicable State and Federal water quality standards, and 
discharges will meet applicable effluent limitations and will not 
degrade the quality of receiving water below applicable State and 
Federal water quality standards.
    The Director finds that Oklahoma's proposed revisions of subsection 
I.F.5.b in the Bond Release Guidelines are substantively identical to 
and no less effective than the Federal regulations at 30 CFR 
816.49(b)(2) and 817.49(b)(2). Therefore, the Director approves the 
proposed revisions and removes the required amendment at 30 CFR 
936.16(d).
    d. Subsections II.B.2.d, III.B.2.d, and V.B.2.c, Phase III bond 
release requirements for productivity on pastureland, phase III bond 
release requirements for productivity on grazingland, and phase II bond 
release requirements for productivity on prime farmland cropland. At 30 
CFR 936.16(f), OSM required that Oklahoma revise subsections II.B.2.d, 
III.B.2.d, and V.B.2.c to state that productivity standards proposed by 
an applicant that are not calculated using the method described in 
Appendix O must be approved by both Oklahoma and OSM (finding No. 6.b, 
58 FR 64374, 64378, December 7, 1993).
    Oklahoma proposed to revise subsections II.B.2.d and III.B.2.d in 
the Bond Release Guidelines to require that, when a reference area is 
not used, a technical success standard for productivity on pastureland 
and grazingland be calculated by using the method described in Appendix 
O. Oklahoma also proposed to revise subsection V.B.2.c in the Bond 
Release Guidelines to require that, when a reference area is not used, 
a technical success standard for productivity on prime farmland 
cropland be calculated by using the method described in Appendix O.
    The Federal regulations at 30 CFR 816.116(a)(1) and 817.116(a)(1) 
require that standards for revegetation success shall be selected by 
the regulatory authority and included in an approved regulatory 
program. OSM previously approved the methods for calculating technical 
success standards for productivity in Appendix O in the Bond Release 
Guidelines.
    By referencing Appendix O in subsections II.B.2.d, III.B.2.d, and 
V.B.2.c, Oklahoma has, in effect, limited technical success standards 
for productivity on pastureland, grazingland, and prime farmland 
cropland to only those standards calculated using the methods described 
in Appendix O.
    Because Oklahoma no longer allows unspecified methods that OSM 
would not have an opportunity to approve, and because OSM previously 
approved Appendix O, the Director finds that the proposed revisions of 
subsections II.B.2.d, III.B.2.d, and V.B.2.c in the Bond Release 
Guidelines are no less effective than the Federal regulations at 30 CFR 
816.116(a)(1) and 817.116(a)(1). The Director approves the proposed 
revisions and removes the required amendment at 30 CFR 936.36(f).
    e. Subsections IV.A.1.a and b and Sections VII.A and B, Phase III 
bond release requirements for diversity, seasonality, permanence, and 
regeneration. At 30 CFR 936.16(c), OSM required that Oklahoma revise 
the Bond Release Guidelines to identify the revegetation success 
standards and sampling methods for diversity, seasonality, permanence, 
and regeneration that will be applied for all land uses prior to phase 
III bond release (finding No. 1.a, 58 FR 64374, 64375, December 7, 
1993).
    Oklahoma proposed to revise subsections IV.A.1.a and b, and 
sections VII.A and B in the Bond Release Guidelines, to require, prior 
to phase II and III bond release on reclaimed areas with a designated 
land use of forestry, wildlife habitat, recreation, industrial, 
commercial, or residential, that the bond release areas must meet 
permit-specific standards for diversity, seasonality, permanence, and 
regeneration.
    For phase II bond release on pastureland and grazingland, 
subsections II.A.1.g and III.A.1.g in the Bond Release Guidelines 
require that perennial species not listed in the approved reclamation 
plan (but approved by Oklahoma as desirable and compatible with the 
postmining land use) cannot exceed 20 percent of total ground cover 
with no more than 5 percent ground cover by any one of these species. 
Subsections II.A.1.f and III.A.1.f in the Bond Release Guidelines 
[[Page 2515]] require, for phase II bond release on pastureland and 
grazingland, that no more than 10 percent litter and 10 percent 
desirable annual or biennial forbs can be counted as acceptable ground 
cover in any single sampling unit. For phase III bond release on 
pastureland and grazingland, subsections II.B.1.a and III.B.1.a in the 
Bond Release Guidelines refer the reader to the phase II standards.
    As discussed above, Oklahoma does require, for phase II and III 
bond release on pastureland and grazingland, standards which reflect 
permanence, seasonality, and regeneration on pastureland and 
grazingland. However, Oklahoma has not revised the Bond Release 
Guidelines to address how it would evaluate the reclaimed area for 
diversity of permanent species prior to phase III bond release on 
pastureland and grazingland.
    The Federal regulations at 30 CFR 816.116(a) and 817.116(a) require 
that the success of revegetation shall be judged on, among other 
things, the requirements of 30 CFR 816.111 and 817.111. The Federal 
regulations at 30 CFR 816.116(a)(1) and 817.116(a)(1) require that all 
success standards and sampling techniques must be included in an 
approved regulatory program. Therefore, success standards and sampling 
techniques must incorporate the various requirements at 30 CFR 816.111 
and 817.111 and be approved by OSM. The Federal regulations at 30 CFR 
816.111 and 817.111 require, among other things, that a permittee 
establish where appropriate a vegetative cover that is diverse, 
effective, and permanent (referred to as diversity and permanence). The 
Federal regulations at 30 CFR 816.111 and 817.111 also require a 
permittee to reestablish plant species that have the same seasonal 
characteristics of growth as the original vegetation and are capable of 
self-regeneration and plan succession (referred to as seasonality and 
regeneration).
    Standards reflecting diversity, seasonality, permanence, and 
regeneration on areas with designated land uses of forestry, fish and 
wildlife habitat, commercial, industrial, and recreation are 
appropriately addressed on a permit-specific basis, as proposed by 
Oklahoma, because the standards will vary with the actual needs 
specific to the area being reclaimed. For example, there may be no need 
for a diversity standard for an area to reclaimed to an industrial, 
commercial, or residential land use where reclamation will probably 
employ a single-species ground cover established for erosion control, 
but there may be a need for a significant diversity/seasonality 
standard for an area to be reclaimed to as a wildlife habitat targeted 
for specific wildlife species.
    Therefore, with respect to areas designated for use as forestry, 
wildlife habitat, recreation, industrial, commercial, or residential, 
the Director finds that the proposed revisions at subsections IV.A.1.a 
and b, and sections VII.A and B in the Bond Release Guidelines are no 
less effective than the Federal regulations at 30 CFR 816.116(a), 
817.116(a), 816.111, and 817.111, and approves them.
    With respect to areas designated for use as pastureland and 
grazingland, the Director finds that the Bond Release Guidelines are 
less effective than the Federal regulations at 30 CFR 816.116(a), 
817.116(a), 816.111, and 817.111 because Oklahoma has not addressed how 
it will evaluate the reclaimed area for diversity of permanent species 
prior to phase III bond release. Therefore, the Director is revising 
the required amendment at 30 CFR 936.16(c) to require that Oklahoma 
revise sections II.B and III.B in the Bond Release Guidelines to 
address how it will evaluate diversity prior to phase III bond release 
on areas designated for use as pastureland and grazingland.
    f. Subsections V.B.2.d and V.B.2.e, Phase II bond release 
requirements for the use of test plots to demonstrate productivity on 
reclaimed prime farmland cropland. At 30 CFR 936.16(g), OSM required 
that Oklahoma revise subsection V.B.2.d to either remove the allowance 
for the use of test plots as a means of demonstrating productivity 
success on prime farmlands, or submit a method for demonstrating that 
the test plots would be representative at a 90-percent statistical 
confidence level of the total reclaimed prime farmland bond release 
area. OSM also required Oklahoma to consult with SCS for the proposed 
method and to document this consultation (finding No. 6.c, 58 FR 64374, 
64379, December 7, 1993).
    Oklahoma, at OAC 460:20-43-46(c)(2) and 460:20-45-46(c)(2), 
requires that the measurement period for determining revegetation 
success of cropland exceed the approved standards any 2 years of the 
responsibility period, except the first year. Oklahoma's Bond Release 
Guidelines at subsection V.B.2.a and OAC 460:20-49-8(b)(3) require, for 
phase II bond release on reclaimed prime farmland, that the measurement 
period for determining the average annual crop production be a minimum 
of 3 crop years. OSM interprets Oklahoma's rules and Bond Release 
Guidelines to require, for phase II bond release on reclaimed prime 
farmland, that a permittee demonstrate success of productivity with 3 
years of crop production during the responsibility period, except the 
first year.
    Subsection V.B.2.d provides for the use of test plots, as an 
alternative to use of the total reclaimed area, for measuring the 
success of productivity on prime farmlands. Oklahoma proposed to revise 
subsection V.B.2.d to require that selected test plots must be 
representative of geology, soil, and slope of the reclaimed prime 
farmland area, and, if the test plots are not properly managed during 
the liability period, they will lose eligibility as a comparison 
method.
    Oklahoma also proposed to revise section V.B.2 by adding a new 
subsection V.B.2.e that sets forth criteria that must be used to 
establish test plots in the reclaimed bond release area. At subsections 
V.B.2.e (1) through (4), Oklahoma proposed to require the following 
criteria:

    (1) A contiguous prime farmland or cropland area represents a 
single population, test plots are selected at random throughout the 
contiguous reclaimed area. Appendix C [Methods of Randomized 
Selection of Sampling Locations] provides methods of selecting 
randomized sampling locations.
    (2) Each test plot represents one sample. Appendix Q [Minimum 
Sample Size for Row Crops in Prime Farmland (or Nonprime Farmland) 
Production Determination] provides the minimum sample size formulas 
for measuring row crops for production standards on prime farmland.
    (3) The size of the test plot should be based on the sampling 
technique (i.e., hand sampling, machine harvest, etc.) that will be 
used to evaluate crop production. In addition, the plots should be 
large enough so that impact of any edge effect would be avoided.
    (4) The methods for measuring row crop production on prime 
farmlands is shown in Appendix P [Methods for Measuring Row Crops in 
Prime Farmland (and Nonprime Farmland) Production].

Oklahoma did not submit evidence of consultation with SCS regarding the 
use of test plots for measuring productivity on prime farmland.
    The Federal regulations at 30 CFR 816.116(a)(2) and 817.116(a)(2) 
require that reclaimed areas be managed in the same manner as unmined 
lands with the same land use in the region of the reclaimed area. The 
Federal regulations at 30 CFR 823.15(b)(2) require that soil 
productivity shall be measured on a representative sample or on all of 
the mined and reclaimed prime farmland area using the reference crop 
determined under 30 CFR 823.15(b)(6), and also require that a 
statistically valid sampling technique at a 90-percent or 
[[Page 2516]] greater statistical confidence level shall be used as 
approved by the regulatory authority in consultation with SCS.
    The Director finds that Oklahoma's proposed requirements for the 
management of test plots at subsection V.B.2.d are substantively 
identical to and no less effective than the requirements of 30 CFR 
816.116(a)(2) and 817.116(a)(2). Because Oklahoma proposed criteria for 
establishment of test plots within the reclaimed area that should 
ensure that the test plots will be representative at a 90-percent 
statistical confidence level of the total reclaimed prime farmland bond 
release area, the Director finds that subsections V.B.2.e (1) through 
(4) are no less effective than the requirements of 30 CFR 823.15(b)(2). 
The Director approves the proposed revisions at subsections V.B.2.d and 
V.B.2.e (1) through (4).
    However, because Oklahoma did not submit evidence of consultation 
with SCS as required by the Federal regulations at 30 CFR 823.15(b)(2) 
for development of statistically valid sampling techniques used on 
reclaimed prime farmlands, the Director is revising the required 
amendment at 30 CFR 936.16(g) to require that Oklahoma must submit, 
before Oklahoma allows the use of test plots as proposed at subsections 
V.B.2.d and V.B.2.e in the Bond Release Guidelines, evidence of 
consultation with SCS regarding the use of test plots as a 
statistically valid sampling technique for demonstrating success of 
productivity on prime farmlands.
    g. Subsections V.B.2.f and VI.B.2.e, Phase II bond release 
requirements for productivity on prime farmland cropland. At 30 CFR 
936.16(e), OSM required that Oklahoma revise subsections V.B.2.e and 
VI.B.2.e to reference Appendix O for the methods to calculate the 
technical productivity standards for hay crops on prime and nonprime 
farmland cropland, and to cite the reference for the methods for 
calculating technical productivity standards that are in Appendix O 
(finding No. 6.a, 58 FR 64374, 64378, December 7, 1993).
    Oklahoma proposed to revise section V.B.2 by adding a new paragraph 
(e) and redesignating existing paragraph (e) as (f) (see finding No. 
2.f for a discussion of new subsection V.B.2.e). Oklahoma proposed to 
revise subsection V.B.2.f, requirements for phase II bond release on 
prime farmland cropland, by stating that the method to calculate the 
technical productivity standard for grain or hay crops on prime 
farmland cropland is in Appendix O. Oklahoma proposed to revise 
subsection VI.B.2.e, requirements for phase III bond release on 
nonprime farmland cropland, by stating that the method to calculate the 
technical productivity standard for grain or hay crops on nonprime 
farmland cropland is in Appendix O (see finding No. 2.h for discussion 
of an additional proposed revision at subsection VI.B.2.e). In 
addition, Oklahoma stated in its transmittal letter for the proposed 
amendment that the reference for the methods for calculating technical 
productivity standards in Appendix O is the ``Technical Guides on Use 
of Reference Areas and Technical Standards for Evaluating Surface Mine 
Vegetation in OSM Regions I and II,'' which is listed in the Bond 
Release Guidelines in Appendix V.
    The Federal regulations at 30 CFR 816.116(a)(1) and 817.116(a)(1) 
require that standards for success and statistically valid sampling 
techniques for measuring success shall be selected by the regulatory 
authority and included in an approved regulatory program.
    By clearly referencing Appendix O, Oklahoma requires that a 
calculated technical productivity standard be calculated by the methods 
described in Appendix O, and has therefore proposed, in its regulatory 
program, an alternative standard (to the standard determined by a 
reference area) for measuring success of revegetation on prime and 
nonprime farmlands.
    The Director finds that subsections V.B.2.f and VI.B.2.e in the 
Bond Release Guidelines are no less effective than the Federal 
regulations at 30 CFR 816.116(a)(1) and 817.116(a)(1). The Director 
approves the proposed revisions of subsections V.B.2.f and VI.B.2.e and 
removes the required amendment at 30 CFR 936.16(e).
    h. Subsection VI.B.2.e, Phase II bond release requirements for 
productivity on nonprime farmland cropland. Because subsection VI.B.2.e 
pertains to productivity on nonprime farmland cropland, OSM required, 
at 30 CFR 936.16(h), that Oklahoma revise subsection VI.B.2.e to change 
``prime farmland cropland'' to ``nonprime farmland cropland'' when 
referencing Appendix P for the methods to measure row crop production 
(finding No. 6.d, 58 FR 64374, 64379, December 7, 1993).
    Oklahoma proposed to revise subsection VI.B.2.e in the Bond Release 
Guidelines to state that the methods for measuring row crop production 
on nonprime farmland cropland are described in Appendix P.
    The Federal regulations at 30 CFR 816.116(a)(1) and 817.116(a)(1) 
require that standards for success and statistically valid sampling 
techniques for measuring success shall be selected by the regulatory 
authority and included in an approved regulatory program.
    By clarifying that the sampling methods for measuring row crop 
production on nonprime farmland cropland are in Appendix P, Oklahoma 
has proposed, in its regulatory program, sampling methods for measuring 
success of revegetation for nonprime farmland cropland.
    The Director finds that subsection VI.B.2.e in the Bond Release 
Guidelines is no less effective than the Federal regulations at 30 CFR 
816.116(a)(1) and 817.116(a)(1). The Director approves the revision of 
subsection VI.B.2.e and removes the required amendment at 30 CFR 
936.16(h).
    i. Appendix A, Definition of ``productivity''. Oklahoma previously 
defined, in Appendix A, the term ``productivity'' to mean

    [T]he amount of harvestable standing biomass of desirable 
species. Standing biomass is the aboveground living portion and the 
attached litter portion of plants produced within a given growing 
season. Horizontal runners of stoloniferous plants are also 
included.

(Emphasis added). Oklahoma proposed, at its own initiative and in 
response to an SCS comment, a revised definition of ``productivity'' to 
refer to ``[t]he amount of total standing biomass of desirable 
species'' (emphasis added).
    There is no counterpart definition for ``productivity'' in the 
Federal regulations; however, the Federal regulations at 30 CFR 
816.116(a)(2) and 817.116(a)(2) require that standards for success 
shall include criteria representative of unmined lands in the area 
being reclaimed to evaluate the appropriate vegetation parameters of 
ground cover, production, or stocking. Although not explicitly stated, 
the production parameter must be representative of the total 
productivity the reclaimed soils were capable of before mining. 
Oklahoma, by substituting ``total standing biomass'' for ``harvestable 
standing biomass,'' has proposed that the term ``productivity'' refers 
to the total productivity the reclaimed soils were capable of before 
mining.
    The Director finds that Oklahoma's proposed definition of 
``productivity'' in Appendix A in the Bond Release Guidelines is no 
less effective than the Federal regulations at 30 CFR 816.116(a)(2) and 
817.116(a)(2) and approves it.
    j. Appendices A and R, Definition of ``initial establishment of 
permanent vegetative cover'' and the ``repair of rills and gullies'' as 
a normal husbandry practice. At 30 CFR 936.16(i), OSM required that 
Oklahoma revise Appendix R to either remove any reference to the 
proposed treatment of [[Page 2517]] rills and gullies as a normal 
husbandry practice, or specify what constitutes ``initial vegetation 
establishment'' and submit either the actual SCS guideline described in 
Appendix R or a letter from SCS to Oklahoma stating that the practices 
described in Appendix R are considered normal husbandry practices for 
the repair of rills and gullies in the State of Oklahoma (finding No. 
7, 58 FR 64374, 64379, December 7, 1993).
    Appendix R in Oklahoma's Bond Release Guidelines includes the 
``Guidelines for the Repair of Rills and Gullies.'' These guidelines 
require that the repair of rills and gullies restart the revegetation 
liability period unless the occurrences and treatment of such rills and 
gullies constitute a normal conservation practice in the region. 
Oklahoma sets forth in Appendix R these normal conservation practices, 
which are the treatment practices that are considered the degree of 
management customarily performed to prevent exploitation, destruction, 
or neglect of the soil resource and maintain the productivity of the 
land use. In Appendix R, Oklahoma requires that the treatment of rills 
and gullies requiring permanent reseeding of more than 10 acres in a 
contiguous block or 10 percent of a permit area initially seeded during 
a single year shall be considered an augmentative practice.
    Oklahoma proposed to revise Appendix R to require that any 
treatment of rills and gullies after ``initial establishment of 
permanent vegetative cover'' shall also be considered an augmentative 
practice that would restart the liability period. In addition, Oklahoma 
proposed to revise Appendix A in the Bond Release Guidelines to define 
``initial establishment of permanent vegetative cover'' to mean

    [T]he time period between the bond liability start date and 
final approval of the Phase II bond release on the permit or 
increment of the permit.

    At section I.A.1 in the Bond Release Guidelines, Oklahoma requires 
that the liability period for revegetation success on reclaimed lands 
begins with the successful completion of initial planting of all 
required permanent vegetation species on a site. Therefore, Oklahoma 
proposed to allow the repair of rills and gullies without restarting 
the liability period during the time period between successful 
completion of initial planting and initial establishment of permanent 
vegetative cover. After phase II bond release, any repair of rills and 
gullies in the bond release area would be considered an augmentative 
practice that would restart the liability period.
    The Federal regulations at 30 CFR 816.116(c)(4) and 817.116(c)(4) 
provide that the regulatory authority may approve selective husbandry 
practices as normal husbandry practices (excluding augmented seeding, 
fertilization, or irrigation), provided it obtains prior approval of 
these practices from the Director of OSM in accordance with 30 CFR 
732.17. These practices can be implemented as normal husbandry 
practices without extending the period of responsibility for 
revegetation success and bond liability, if such practices can be 
expected to continue as part of the postmining land use or if 
discontinuance of the practices after the liability period expires will 
not reduce the probability of permanent revegetation success. Approved 
husbandry practices must be normal husbandry practices within the 
region for unmined lands having land uses similar to the approved 
postmining land use of the disturbed area, and include such practices 
as disease, pest, and vermin control, and any pruning, reseeding, and 
transplanting specifically necessitated by such actions.
    Because Oklahoma has defined the term ``initial establishment of 
permanent vegetative cover,'' it is possible to determine when an 
operator must consider the repair of rills and gullies an augmentative 
practice that would restart the liability period.
    Oklahoma also submitted, as part of the Bond Release Guidelines a 
letter, dated February 1, 1994, from the Oklahoma State Office of SCS. 
In this letter, SCS stated that

    [W]e have reviewed the Oklahoma Department of Mines proposed 
guidelines for the repair of rills and gullies on reclaimed mine 
land in Oklahoma. We believe these guidelines are complete and 
adequate for reclamation if they are followed by the operator.

    In addition, in a March 14, 1994, letter to OSM (administrative 
record No. OK-959-.07), SCS commented that

    Appendix R represents normal practices that would be used for 
gully control in the State of Oklahoma.

    Therefore, because Oklahoma has adequately demonstrated that the 
practices for the repair of rills and gullies in Appendix R are 
supported by SCS as an acceptable land management technique for similar 
situations in the State of Oklahoma, the Director finds that Oklahoma's 
proposal in Appendix R for the repair of rills and gullies as a normal 
husbandry practice is no less effective than the Federal regulations at 
30 CFR 816.116(c)(4) and 817.116(c)(4). The Director approves the 
proposed definition of ``initial establishment of permanent vegetative 
cover'' in Appendix A and, as specified in Appendix R, the repair of 
rills and gullies as a normal husbandry practice, and removes the 
required amendment at 30 CFR 936.16(i).
    k. Appendices F and O, Methods of production sampling and methods 
for calculation of technical productivity standards on pastureland and 
grazingland. Oklahoma presented, in Appendix O, an example of the 
method for calculating a technical productivity standard using soil 
yield figures expressed in animal unit months (AUM's) that are 
published in SCS county soil surveys. This example calculation was 
applicable to lands reclaimed for use as pastureland and grazingland.
    In response to OSM's May 20, 1994, issue letter, Oklahoma proposed 
to revise Appendix O to require the use of SCS county survey soil 
supplements, if available, and if not available, to use SCS county soil 
surveys; and to include a separate example calculation for a technical 
productivity standard on grazingland based on a direct comparison for 
total productivity with SCS soil productivity figures expressed in 
pounds per acre (rather than AUM's).
    In response to SCS comments, Oklahoma, at its own initiative, 
proposed to further revise the Bond Release Guidelines. Oklahoma 
revised Appendix F, concerning the method of production sampling, to 
(1) recommend that pastureland or grazingland with a predominance of 
warm season species be clipped during September or October and 
pastureland or grazingland with a predominance of cool species be 
clipped during May or June, and (2) requires that all production 
samples be clipped to ground level. Oklahoma also proposed to further 
revise Appendix O, concerning the methods of calculating technical 
productivity standards on pastureland and grazingland, to (1) require 
that the SCS soil productivity figure expressed in AUM's be multiplied 
by 1560 in the calculation for a technical productivity standard on 
pastureland, and (2) clarify that clipping is a direct comparison using 
the calculation for a technical productivity standard on grazingland 
based on soil productivity figures expressed in pounds per acre.
    The Federal regulations at 30 CFR 816.116(a)(1) and 817.116(a)(1) 
require that standards for success and statistically valid sampling 
techniques for measuring success shall be selected by the regulatory 
authority and included in an approved regulatory program. The Federal 
regulations at 30 CFR 816.116(a)(2) and 817.116(a)(2) also 
[[Page 2518]] require that standards for success shall include criteria 
representative of unmined lands in the area being reclaimed to evaluate 
the appropriate vegetation parameters of ground cover, production, or 
stocking.
    Oklahoma's proposed revisions of Appendices F and O will ensure 
that, on land reclaimed for use as pastureland or grazingland, the 
demonstration of success of restored productivity, based on technical 
standards derived from SCS soil surveys, accurately represents the 
productive potential of similar soils in the region.
    The Director finds that Oklahoma's proposed revisions of Appendices 
F and O are no less effective than the Federal regulations at 30 CFR 
817.116(a) (1) and (2) and 817.116(a) (1) and (2). The Director 
approves them.

IV. Summary and Disposition of Comments

1. Public Comments

    OSM invited public comments on the proposed amendment, but none 
were received.

2. Agency Comments

    Pursuant to 732.17(h)(11)(i), OSM solicited comments on the 
proposed amendment from various Federal agencies with an actual or 
potential interest in the Oklahoma program (administrative record No. 
OK-960).
    a. SCS. On March 14, 1994, SCS responded with the following 
comments (administrative record No. OK-959.07). SCS (1) recommended 
that Oklahoma use the terms ``native grazingland'' and ``introduced 
grazingland'' in place of the terms ``grazingland'' and 
``pastureland;'' (2) recommended revision of the method described in 
Appendix O to calculate a technical standard, for total production on 
grazingland and pastureland; and (3) stated that the methods described 
for treatment of rills and gullies in Appendix R represent normal 
practices used for gully control in the State of Oklahoma.
    With respect to the recommendation that Oklahoma use the terms 
``introduced grazingland'' and ``native grazingland'' in place of the 
terms ``pastureland'' and ``grazingland,'' the Federal regulations at 
30 CFR define (1) ``pastureland'' to mean land used primarily for the 
long-term production of adapted, domesticated forage plants to be 
grazed by livestock or occasionally cut and cured for livestock feed, 
and (2) ``grazingland'' to mean land used for grasslands and forest 
lands where the indigenous vegetation is actively managed for grazing, 
browsing, or occasional hay production. In addition, Oklahoma's rules 
at section 701.5 include definitions of ``pastureland'' and 
``grazingland'' that are identical to the Federal regulations. 
Oklahoma, in Appendix O of the Bond Release Guidelines, refers to 
``pastureland'' and ``grazingland'' as, respectively, improved pasture 
grasses and native range grasses. Therefore, because Oklahoma's use of 
the terms ``pastureland'' and ``grazingland'' in the Bond Release 
Guidelines is consistent with and no less effective than the use of 
these terms in Oklahoma rules and the Federal regulations, the Director 
is not requiring that Oklahoma revise the amendment in response to this 
comment.
    With respect to the recommendation that Oklahoma revise the method 
described in Appendix O to calculate a technical standard for total 
production on grazingland and pastureland, OSM required in its May 20, 
1994, issue letter that Oklahoma revise the method described in 
Appendix O to accurately represent the total productive potential of 
soils based on SCS soil county survey productivity figures expressed in 
AUM's. Oklahoma responded in its July 21, 1994, revised amendment with 
explanatory information and revisions to Appendix O that addressed 
OSM's issue letter with respect to the calculation of a technical 
standard for total production on grazingland. However, in response to 
additional August 29, 1994, SCS comments concerning the calculation of 
a technical standard for total production on pastureland, Oklahoma, at 
its own initiative, proposed further revisions to Appendix O in its 
September 2, 1994, revised amendment (see finding No. 2.K).
    With respect to the comment that the methods described for 
treatment of rills and gullies in Appendix R represent normal practices 
used for gully control in the State of Oklahoma, the Director, as 
discussed in finding No. 2.f above, is approving the guidelines for 
repair of rill and gullies in Appendix R as a normal husbandry 
practice.
    SCS also responded on August 29, 1994, with the following comments 
(administrative record No. OK-959.18). SCS again recommended, that 
because both the terms ``pastureland'' and ``grazingland'' as used by 
Oklahoma in Appendix O can mean grazingland, Oklahoma use either 
``native grazingland'' or ``rangeland'' in place of the term 
``grazingland.'' As discussed above, in response to a similar comment 
made by SCS in its March 14, 1994, letter, OSM is not requiring that 
Oklahoma revise the Bond Release Guidelines in response to this 
comment.
    SCS recommended another means of revising the method for 
calculating a technical productivity figure on pastureland in Appendix 
O of Oklahoma's Bond Release Guidelines. SCS recommended revising 
Appendix O to instruct the permittee to convert the SCS soil survey AUM 
productivity figure to an air-dried pounds of production per acre 
figure. The conversion would take into consideration the 50 percent 
utilization rate that is inherent in the AUM figure by doubling the 
pounds of vegetation consumed by one animal (780 pounds per acre). That 
is the SCS AUM productivity figure must be multiplied by 1560 to 
convert it to a production figure in pounds per acre. This converted 
figure would reflect the total soil production potential.
    In addition, SCS recommended that Oklahoma revise Appendix F to 
require that each sample be clipped to the ground and that the area be 
sampled once in the spring for cool season grasses and once in the fall 
for warm season grasses. SCS also commented that the native grass 
figures listed in an SCS soil survey are direct production figures and 
therefore, clipping on grazingland will be a direct comparison.
    In response to these SCS comments, Oklahoma, at its own initiative, 
in its September 2, 1994, submittal, revised, as recommended by the 
SCS, (1) Appendix F, concerning the method of production sampling, and 
(2) Appendix O, concerning the methods of calculating technical 
productivity standards on pastureland and grazingland. As discussed in 
finding No. 2.k above, the Director is approving Oklahoma's proposed 
revisions of Appendices F and O.
    SCS commented that because of variability in weather and soil 
conditions, and interpolation of data, that the applicable productivity 
levels should be set at 90 percent of the yield goal. The Federal 
regulations at 30 CFR 816.116(a)(2) and 817.116(a)(2) and Oklahoma's 
rules at OAC 460:20-45-46(a)(2), require for success of revegetation 
that the operator demonstrate that it has achieved 90 percent of the 
success standard. In other words, the operation must, in order to 
demonstrate success of productivity, meet only 90 percent of the 
technical success standard that is calculated by the methods described 
in Appendix O of Oklahoma's Bond Release Guidelines. Therefore, because 
the Federal regulations and State rules already provide for the SCS 
recommendation, OSM is not requiring that Oklahoma further revise the 
Bond Release Guidelines in response to this comment. [[Page 2519]] 
    SCS commented that Oklahoma should revise the definition of 
``productivity'' in Appendix A in the Bond Release Guidelines to refer 
to the ``amount of total standing biomass'' rather than ``harvestable 
standing biomass.'' In response to this SCS comment, Oklahoma at its 
own initiative in its September 2, 1994, submittal, revised the 
definition of ``productivity'' as recommended by the SCS. As discussed 
in finding No. 2.i above, the Director is approving Oklahoma's proposed 
revision of the definition of ``productivity'' in Appendix A.
    Finally, SCS responded on October 14, 1994, that because all 
revisions previously discussed with the Oklahoma State Office had been 
included in Oklahoma's September 2, 1994, revised amendment, it had no 
further comments (administrative record No. OK-959.25).
    b. Other Federal agencies. The U.S. Fish and Wildlife Service 
responded on February 15 and August 3, 1994, that it had no comments on 
the proposed amendment (administrative record Nos. OK-959.02 and OK-
959.13).
    The U.S. Bureau of Mines responded on February 16 and September 25, 
1994, that it had no comments regarding the proposed amendment 
(administrative record Nos. OK-959.03 and OK-959.23).
    The U.S. Army Corps of Engineers responded on February 25, August 
10, and September 30, 1994, that the proposed revisions were 
satisfactory (administrative record Nos. OK-959.04, OK-959.17, and OK-
959.24).
    The U.S. Bureau of Land Management responded on October 12, 1994, 
that the Bond Release Guidelines appeared to be technically correct 
(administrative record No. OK-959.26).

3. Environmental Protection Agency (EPA) Concurrence and Comments

    Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to solicit 
the written concurrence of EPA with respect to those provisions of the 
proposed program amendment that relate to air or water quality 
standards promulgated under the authority of the Clean Water Act (33 
U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).
    None of the revisions that Oklahoma proposed to make in its 
amendment pertain to air or water quality standards. Therefore, OSM did 
not request EPA's concurrence.
    Pursuant to 732.17(h)(11)(i), OSM solicited comments on the 
proposed amendment from EPA (administrative record No. OK-960). EPA 
responded on August 24, 1994, that it had no objections to approval of 
the proposed revisions (administrative record No. OK-962).

4. State Historic Preservation Officer (SHPO) and the Advisory Council 
on Historic Preservation (ACHP)

    Pursuant to 30 CFR 732.17(h)(4), OSM solicited comments on the 
proposed amendment from the SHPO and ACHP (administrative record No. 
OK-960). Neither SHPO nor ACHP responded to OSM's request.

V. Director's Decision

    Based on the above findings, the Director approves, with additional 
requirements, Oklahoma's proposed amendment as submitted on February 
17, 1994, and as revised and supplemented with additional explanatory 
information on July 21 and September 2, 1994.
    With the requirement that Oklahoma further revise the Bond Release 
Guidelines, the Director approves, as discussed in: finding No. 2.e, 
subsections IV.A.1.a and b, and sections VII.A and B, concerning 
revegetation success standards for diversity, seasonality, permanence, 
and regeneration; and finding No. 2.f, subsections V.B.2.d and V.B.2.e, 
concerning the use of test plots as a statistically valid sampling 
technique for demonstrating success of productivity on prime farmlands.
    The Director approves Oklahoma's revisions to the Bond Release 
Guidelines, as discussed in: finding No. 1, Appendices J and V, 
concerning nonsubstantive editorial revisions; finding No. 2.a, 
subsection I.E.3.b, concerning requirements for ground cover on land 
reclaimed for commercial or industrial use; finding No. 2.b, subsection 
I.F.3.d, concerning requirements for ground cover on previously mined 
areas; finding No. 2.c, subsection I.F.5.b, concerning the requirements 
for water discharged from permanent impoundments, ponds, diversions, 
and treatment facilities; finding No. 2.d, subsections II.B.2.d, 
III.B.2.d, and V.B.2.c, concerning the method for calculating a 
technical productivity standard on pastureland, grazingland, and prime 
farmland; finding No. 2.g, subsections V.B.2.f and VI.B.2.e, concerning 
the method for calculating a technical productivity standard for grain 
or hay crops on prime and nonprime farmland; finding No. 2.h, 
subsection VI.B.2.e, concerning the method for measuring row crop 
production on nonprime farmland; finding No. 2.i, Appendix A, 
concerning the definition of ``productivity;'' finding No. 2.j, 
Appendices A and R, concerning the definition of ``initial 
establishment of permanent vegetative cover'' and the repair of rills 
and gullies as a normal husbandry practice; and finding No. 2.k, 
Appendix F, concerning the method of production sampling, and Appendix 
O, concerning the methods of calculating technical productivity 
standards on pastureland and grazingland.
    In accordance with 30 CFR 732.17(f)(1), the Director is also taking 
this opportunity to clarify in the required amendment section at 30 CFR 
936.16 that, within 60 days of the publication of this final rule, 
Oklahoma must either submit a proposed written amendment, or a 
description of an amendment to be proposed that meets the requirements 
of SMCRA and 30 CFR Chapter VII and a timetable for enactment that is 
consistent with Oklahoma's established administrative or legislative 
procedures.
    The Federal regulations at 30 CFR Part 936, codifying decisions 
concerning the Oklahoma program, are being amended to implement this 
decision. This final rule is being made effective immediately to 
expedite the State program amendment process and to encourage States to 
bring their programs into conformity with the Federal standards without 
undue delay. Consistency of State and Federal standards is required by 
SMCRA.

VI. Procedural Determinations

1. Executive Order 12866

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12886 (Regulatory Planning and 
Review).

2. 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 12550) 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 [[Page 2520]] 30 CFR Part 730, 731, 
and 732 have been met.

3. National Environmental Policy Act

    No environmental impact statement is required for this rule since 
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency 
decisions on proposed State regulatory program provisions do not 
constitute major Federal actions within the meaning of section 
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332(c)(C)).

4. Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 
3507 et seq).

5. Regulatory Flexibility Act

    The Department of the Interior has determined that this rule will 
not have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
The State submittal 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 936

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: December 29, 1994.

Charles E. Sandberg,
Acting Assistant Director, Western Support Center.

    For the reasons set out in the preamble, Title 30, Chapter VII, 
Subchapter T of the Code of Federal Regulations is amended as set forth 
below:

PART 936--OKLAHOMA

    1. The authority citation for Part 936 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.

    2. Section 936.15 is amended by adding paragraph (n) to read as 
follows:


Sec. 936.15   Approval of regulatory program amendments.

* * * * *
    (n) Revisions to the following provisions of the Bond Release 
Guidelines, which include revegetation success standards and 
statistically valid sampling techniques, and guidelines for phase I, 
II, and III bond release, as submitted to OSM on February 17, 1994, and 
as revised and supplemented with explanatory information on July 21 and 
September 2, 1994, are approved effective January 10, 1995:
    Subsection I.E.3.b, concerning requirements for ground cover on 
land reclaimed for commercial or industrial use;
    Subsection I.F.3.d, concerning requirements for ground cover on 
previously mined areas;
    Subsection I.F.5.b, concerning the requirements for water 
discharged from permanent impoundments, ponds, diversions, and 
treatment facilities;
    Subsections II.B.2.d, III.B.2.d, and V.B.2.c, concerning the method 
for calculating a technical productivity standard on pastureland, 
grazingland, and prime farmland;
    Subsections IV.A.1.a and b, and sections VII.A and B, concerning 
revegetation success standards for diversity, seasonality, permanence, 
and regeneration;
    Subsections V.B.2.d and V.B.2.e, concerning the use of test plots 
as a statistically valid sampling technique for demonstrating success 
of productivity on prime farmlands;
    Subsections V.B.2.f and VI.B.2.e, concerning the method for 
calculating a technical productivity standard for grain or hay crops on 
prime and nonprime farmland;
    Subsection VI.B.2.e, concerning the method for measuring row crop 
production on nonprime farmland;
    Appendix A, concerning the definitions of ``initial establishment 
of permanent vegetative cover'' and ``productivity;''
    Appendix F, concerning the method of sampling for productivity;
    Appendices J and V, concerning editorial revisions; and
    Appendix R, concerning the repair of rills and gullies as a normal 
husbandry practice;
    Appendix O, concerning the methods for calculating technical 
productivity standards on lands reclaimed for use as pastureland and 
grazingland.
    3. Section 936.16 is revised to read as follows:


Sec. 936.16   Required regulatory program amendments.

    Pursuant to 30 CFR 732.17(f)(1), Oklahoma is required to submit to 
OSM by the specified date the following written, proposed program 
amendment, or a description of an amendment to be proposed that meets 
the requirements of SMCRA and 30 CFR Chapter VII and a timetable for 
enactment that is consistent with Oklahoma's established administrative 
or legislative procedures.
    (a) Reserved.
    (b) Reserved.
    (c) By March 13, 1995, Oklahoma shall revise sections II.B and 
III.B in the Bond Release Guidelines to identify the method it will use 
in developing a phase III revegetation success standard for diversity 
on lands reclaimed for use as pasturland and grazingland.
    (d) Reserved.
    (e) Reserved.
    (f) Reserved.
    (g) By March 13, 1995, Oklahoma must submit, before Oklahoma allows 
the use of test plots as proposed at subsections V.B.2.d and V.B.2.e in 
the Bond Release Guidelines, evidence of consultation with the U.S. 
Soil Conservation Service regarding the use of test plots as a 
statistically valid sampling technique for demonstrating success of 
productivity on prime farmlands.

[FR Doc. 95-568 Filed 1-9-95; 8:45 am]
BILLING CODE 4310-05-M