[Federal Register Volume 60, Number 15 (Tuesday, January 24, 1995)]
[Rules and Regulations]
[Pages 4541-4544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1707]



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[[Page 4542]]

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 918


Louisiana 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 a proposed amendment to the Louisiana 
regulatory program (hereinafter referred to as the ``Louisiana 
program'') under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA). Louisiana proposed revisions to its rules and provided a 
clarifying policy statement, both of which pertain to revegetation 
success standards on reclaimed land developed for use as forestry. The 
amendment is intended to revise the Louisiana program to be consistent 
with the corresponding Federal regulations.

EFFECTIVE DATE: January 24, 1995.

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

SUPPLEMENTARY INFORMATION: 

I. Background on the Louisiana Program

    On October 10, 1980, the Secretary of the Interior conditionally 
approved the Louisiana program. General background information on the 
Louisiana program, including the Secretary's findings, the disposition 
of comments, and the conditions of approval of the Louisiana program 
can be found in the October 10, 1980, Federal Register (45 FR 67340). 
Subsequent actions concerning Louisiana's program and program 
amendments can be found at 30 CFR 918.15 and 918.16.

II. Proposed Amendment

    By letter dated November 2, 1994, Louisiana submitted a proposed 
amendment to its program pursuant to SMCRA (administrative record No. 
LA-351). Louisiana submitted the proposed amendment in response to the 
required program amendments at 30 CFR 918.16 (a) and (b). The provision 
of the Louisiana Surface Mining Regulations (LSMR) that Louisiana 
proposed to revise was LSMR 5423.B.4.a, concerning standards for 
success of revegetation at final bond release on reclaimed lands 
developed for forestry. Louisiana also proposed an associated Policy 
Statement No. PS-5, Revegetation Success Standards for Tree and Shrub 
Stocking on Lands With a Postmining Land Use of Forestry. In addition, 
Louisiana proposed to recodify LSMR 53101 through 53139 as LSMR 5401 
through 5439, and LSMR 67101 through 67139 as LSMR 6801 through 6839.
    OSM announced receipt of the proposed amendment in the November 23, 
1994, Federal Register (59 FR 60342), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on its adequacy (administrative record No. LA-351.02). 
Because no one requested a public hearing or meeting, none was held. 
The public comment period ended on December 23, 1994.

III. Director's Findings

    As discussed below, the Director, in accordance with SMCRA and 30 
CFR 732.15 and 732.17, finds that the proposed program amendment 
submitted by Louisiana on November 2, 1994, is no less effective than 
the corresponding Federal regulations. Accordingly, the Director 
approves the proposed amendment.

1. Nonsubstantive Revisions to Louisiana's Rules

    Louisiana proposed revisions to the following previously-approved 
rules that are nonsubstantive in nature.
    a. Recodification of Louisiana's rules. In order to be consistent 
with the Louisiana State Code, Louisiana proposed recodification of 
segments of its rules. In Chapter 53, permanent program performance 
standards for surface mining activities, LSMR 53101 through 53139 were 
recodified as LSMR 5401 through 5439. In Chapter 67, special rules 
applicable to surface coal mining review hearings and appeals, LSMR 
67101 through 67139 were recodified as LSMR 6801 through 6839. No 
revisions of the text of these rules, with the exception of those 
discussed in finding No. 2 below, were proposed by Louisiana.
    Because the proposed recodification is nonsubstantive in nature, 
the Director finds that the recodification does not cause Louisiana's 
rules at LSMR 5401 through 5439 and LSMR 6801 through 6839 to be less 
effective than the counterpart Federal regulations at 30 CFR Part 816 
and the Federal administrative procedures at 43 CFR Part 4. The 
Director approves the recodification.
    b. LSMR 5423.B.4. At LSMR 5423.B.4, Louisiana proposed to delete 
the phrase ``technical documents.'' LSMR 5423.B.4.a (discussed below) 
specifies technical success standards for areas developed for forestry. 
At LSMR 5423.B.1 through 3, for land uses other than commercial 
forestry, an applicant is given the option of developing revegetation 
success standards from reference areas, historic records, or technical 
documents. Because Louisiana, at LSMR 5423.B.4, does not allow for the 
development of success standards based on technical documents, the 
proposed deletion of the phrase ``technical documents'' is an editorial 
revision that eliminates confusion.
    Because this proposed revision is nonsubstantive in nature, the 
Director finds that this proposed rule is no less effective than the 
counterpart Federal regulations at 30 CFR 816.116(b)(3). The Director 
approves this rule.

2. LSMR 5423.B.4.a and Policy Statement PS-5, Standards for Success of 
Revegetation at Final Bond Release on Reclaimed Lands Developed for Use 
as Forestry

    At 30 CFR 918.16(a), OSM required that Louisiana revised LSMR 
5423.B.4.a (previously codified as 53123.B.4.a), or otherwise modify 
its program, to require that trees and shrubs that will be used in 
determining the success of stocking and the adequacy of the plant 
arrangement shall (1) have utility for the approved postmining land use 
and (2) be healthy. At 30 CFR 918.16(b), OSM required that Louisiana 
revise LSMR 5423.B.4.a, or otherwise modify its program, to either (1) 
clarify, by policy statement, that proposed LSMR 5423.B.4.a requires 
that 100 percent (i.e., all countable stems) of the trees must be in 
place for a minimum of 60 percent of the responsibility period or (2) 
add the requirement that at least 80 percent of the trees and shrubs 
used to determine success of revegetation shall have been in place for 
60 percent of the applicable minimum period of responsibility (finding 
Nos. 1.b and 1.c, 59 FR 48171, September 20, 1994). Louisiana's 
proposed revisions in response to these required amendments are 
discussed below.
    a. LSMR 5423.B.4.a. Louisiana proposed to revise LSMR 5423.B.4.a by 
adding the requirements that the trees that will be used in determining 
the success of stocking and the adequacy of the plant arrangement shall 
(1) ``have utility for the approved postmining land use'' and (2) ``be 
healthy.''
    The Federal regulations at 30 CFR 816.116(b)(3)(ii) include the 
requirements that the trees and shrubs used in determining the success 
of stocking and the adequacy of the plant arrangement shall (1) have 
utility for the approved postmining land use and (2) be healthy.
[[Page 4543]]

    The Director finds that Louisiana's proposed revision of LSMR 
5423.B.4.a is substantively identical to and no less effective than the 
Federal regulations at 30 CFR 816.116(b)(3)(ii) in meeting SMCRA's 
requirements. Therefore, the Director approves the proposed revisions 
and removes the required amendment at 30 CFR 918.16(a).
    b. Policy Statement PS-5. Louisiana's existing LSMR 5423.B.4.a 
requires that the technical success standards for revegetation success 
on lands reclaimed for use as forestry shall be 450 well-distributed 
free to grow live pine trees per acre of the same age or 250 well-
distributed live hardwood trees per acre of the same age and the 
countable stems shall be a minimum of 3 years old.
    Louisiana proposed Policy Statement, PS-5, Revegetation Success 
Standards for Tree and Shrub Stocking on Lands with a Postmining Land 
Use of Forestry, to clarify that the requirements in LSMR 5423.B.4.a 
mean that 100 percent (i.e., all countable stems) must be in place for 
a minimum of 60 percent of the responsibility period (i.e., 3 of the 5 
year minimum period of responsibility).
    The Federal regulations at 30 CFR 816.116(b)(3)(ii) include the 
requirement that, at the time of bond release, at least 80 percent of 
the trees and shrubs used to determine such success shall have been in 
place for 60 percent of the applicable minimum period of 
responsibility.
    The Director finds that Louisiana's proposed LSMR 5423.B.4.a, as 
clarified by its Policy Statement PS-5, is no less effective than the 
Federal Regulations at 30 CFR 816.116(b)(3)(ii) in meeting SMCRA's 
requirements. Therefore, the Director approves the proposed Policy 
Statement PS-5 and removes the required amendment at 30 CFR 918.16(b).

IV. Summary and Disposition of Comments

    Following are summaries of all substantive written comments on the 
proposed amendment that were received by OSM, and OSM's response to 
them.

1. Public Comments

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

2. Federal Agency Comments

    Purusant 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 Louisiana program (administrative record No. 
LA-351.01).
    The U.S. Bureau of Mines responded on November 30, 1994, that it 
had no comments (administrative record No. LA-351.03).
    The U.S. Army Corps of Engineers responded on December 1, 1994, 
that the proposed amendment was satisfactory (administrative record no. 
LA-351.04).
    The U.S. Fish and Wildlife Service responded on December 2, 1994, 
that it had no objection to implementation of the proposed amendment 
(administrative record No. LA-351.05).
    The U.S. Natural Resources Conservation Service (NRCS) responded on 
December 9, 1994, that Louisiana's requirement for 70 percent ground 
cover is 5 percent below the NRCS standard for ground cover of 75 
percent (administrative record No. LA-351.08). Louisiana's requirement 
at LSMR 5423.B.4.a, that vegetative ground cover shall not be less than 
70 percent, was previously approved by OSM (57 FR 48726, October 28, 
1992). Louisiana's existing LSMR 5417.A.4, applicable to revegetation 
on land reclaimed for any use, requires that a vegetative cover be 
established that is capable of stabilizing the soil surface from 
erosion. Therefore, the requirement for 70 percent ground cover on land 
developed for forestry is a minimum standard that must be increased if 
it is insufficient to control erosion. In addition, Louisiana requires 
at LSMR 5421.A that suitable mulch and other soil stabilizing practices 
shall be used on all regarded and topsoiled areas to control erosion, 
promote germination of seeds, or increase the moisture content of soil. 
LSMR 5417.A.4 and LSMR 5421.A are no less effective than the 
requirements of the counterpart Federal regulations at, respectively, 
30 CFR 816.111(a)(4) and 816.114. The Federal regulations at 30 CFR 
816.116(b)(3)(iii) require, for areas to be developed for forestry, 
that vegetative ground cover shall not be less than that required to 
achieve the approved postmining land use. Louisiana's standard for 
ground cover at LSMR 5423.B.4.a, in conjunction with the requirements 
at LSMR 5417.A.4 and LSMR 5421.A, is consistent with and no less 
effective in meeting SMCRA's requirements than the Federal regulations 
at 30 CFR 816.116(b)(3)(iii). Therefore, the Director is not, in 
response to this comment, requiring that Louisiana revise the standard 
at LSMR 5423.B.4.a for ground cover on areas to be developed for 
forestry.

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 Louisiana 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. LA-351.01). EPA 
responded on December 8, 1994, that it had no objections to OSM's 
approval of the proposed amendment (administrative record No. LA-
351.07).

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. 
LA-351.01). ACHP did not respond to OSM's request. The SHPO responded 
on December 8, 1994, that it had no comments (administrative record No. 
LA-351.06).

V. Director's Decision

    Based on the above findings, the Director approves Louisiana's 
proposed amendment as submitted on November 2, 1994.
    The Director approves, as discussed in: finding No. 1.a, 
recodification of a segment of Louisiana's rules; finding No. 1.b, a 
nonsubstantive editorial revision at LSMR 5423.B.4; finding No. 2.a, 
LSMR 5423.B.4.a, concerning trees that will be used in determining the 
success of stocking and the adequacy of the plant arrangement on 
reclaimed lands developed for use as forestry; and finding No. 2.b, 
Policy Statement PS-5, concerning clarification of the revegetation 
success standards in LSMR 5423.B.4.a.
    The Director approves the rules as proposed by Louisiana with the 
provision that they be fully promulgated in identical form to the rules 
submitted to and reviewed by OSM and the public.
    The Federal regulations at 30 CFR part 918, codifying decisions 
concerning the Louisiana 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. [[Page 4544]] 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 12866 (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 30 CFR parts 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(2)(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 that 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 918

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: January 13, 1995.
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 918--LOUISIANA

    1. The authority citation for part 918 continues to read as 
follows:

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

    2. Section 918.15 is amended by adding paragraph (e) to read as 
follows:


Sec. 918.15  Approval of amendments to the Louisiana regulatory 
program.

* * * * *
    (e) Revisions to the following rules, as submitted to OSM on 
November 2, 1994, are approved effective January 24, 1995:

LSMR 5423.B.4.a, revegetation success standards on reclaimed land 
developed for use as forestry, and
Policy Statement PS-5, Revegetation Success Standards for Tree and 
Shrub Stocking on Lands with a Postmining Land Use of Forestry.

    3. Section 918.16 is amended by revising the introductory 
paragraph, removing and reserving paragraph (a), and removing paragraph 
(b) to read as follows:


Sec. 918.16  Required program amendments.

    Pursuant to 30 CFR 732.17(f)(1), Louisiana 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 Louisiana's established 
administrative or legislative procedures.
    (a) [Reserved].

[FR Doc. 95-1707 Filed 1-23-95; 8:45 am]
BILLING CODE 4310-05-M