[Federal Register Volume 60, Number 99 (Tuesday, May 23, 1995)]
[Proposed Rules]
[Pages 27246-27247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12574]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 934


North Dakota Regulatory Program

ACTION: Proposed rule; reopening and extension of public comment period 
on proposed amendment.

-----------------------------------------------------------------------

SUMMARY: OSM is announcing receipt of revisions and additional 
explanatory information pertaining to a previously proposed amendment 
to the North Dakota regulatory program (hereinafter, the ``North Dakota 
program'') under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA). The revisions and additional explanatory information pertain 
to North Dakota's ``Standards for Evaluation of Revegetation Success 
and Recommended Procedures for Pre- and Postmining Vegetation 
Assessments.'' The amendment is intended to revise this document to be 
consistent with the Federal regulations and to improve operational 
efficiency.

DATES: Written comments must be received by 4:00 p.m., m.d.t., June 7, 
1995.

ADDRESSES: Written comments should be mailed or hand delivered to Guy 
Padgett at the address listed below.
    Copies of the North Dakota program, the proposed amendment, and all 
written comments received in response to this document will be 
available for public review at the addresses listed below during normal 
business hours, Monday through Friday, excluding holidays. Each 
requester may receive one free copy of the proposed amendment by 
contacting OSM's Casper Field Office.

Guy Padgett, Director, Casper Field Office, Office of Surface Mining 
Reclamation and Enforcement, 100 East B Street, Room 2128, Casper, WY 
82601-1918, Telephone: (307) 261-5776
Edward J. Englerth, Director, Reclamation Division, North Dakota Public 
Service Commission, Capitol Building, Bismarck, ND 58505-0165, 
Telephone: (701) 224-4092

FOR FURTHER INFORMATION CONTACT:
Guy Padgett, Telephone: (307) 261-5776.

SUPPLEMENTARY INFORMATION: 

I. Background on the North Dakota Program

    On December 15, 1980, the Secretary of the Interior conditionally 
approved the North Dakota program. General background information on 
the North Dakota program, including the Secretary's findings, the 
disposition of comments, and the conditions of approval of the North 
Dakota program can be found in the December 15, 1980, Federal Register 
(45 FR 82214). Subsequent actions concerning North Dakota's program and 
program amendments can be found at 30 CFR 934.12, 934.13, 934.15, 
934.16, and 934.30.

II. Proposed Amendment

    By letter dated February 17, 1994, North Dakota submitted a 
proposed amendment to its program pursuant to SMCRA (administrative 
record No. ND-U-01). North Dakota submitted the proposed revisions to 
its ``Standards for Evaluation of Revegetation Success and Recommended 
Procedures for Pre- and Postmining Vegetation Assessments'' 
(hereinafter, the ``revegetation success document'') in response to 
required program amendments at 30 CFR 934.16 (b) through (i), (w), and 
(x), and at its own initiative.
    OSM announced receipt of the proposed amendment in the March 14, 
1994, Federal Register (49 FR 11744), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on its adequacy (administrative record No. ND-U-05). 
Because no one requested a public hearing or meeting, none was held. 
The public comment period ended on April 13, 1994.
    During its review of the amendment, OSM identified concerns and 
notified North Dakota of these concerns by letter dated September 9, 
1994 (administrative record No. ND-U-10). North Dakota responded in a 
letter dated December 21, 1994, by submitting a revised amendment and 
additional explanatory information (administrative record No. ND-U-14) 
that addressed the concerns identified by OSM.
    OSM announced receipt of the December 21, 1994, revised amendment 
in the January 19, 1995, Federal Register (60 FR 3790) and invited 
public comment on its adequacy (administrative record No. ND-U-15). The 
public comment period ended on February 3, 1995.
    Subsequently, North Dakota requested a meeting with OSM to discuss 
its December 21, 1994, revisions that were made in response to OSM's 
September [[Page 27247]] 9, 1994, issue letter. OSM and North Dakota 
met on April 11, 1995 (administrative record No. ND-U-16). North 
Dakota, by letter dated May 11, 1995 (administrative record No. ND-U-
17), submitted, at its own initiative, additional revisions and 
explanatory information to its revegetation success document.
    In its May 11, 1995, revised amendment, North Dakota proposes (1) A 
county-wide correction factor to be used with the U.S. Natural 
Resources Conservation Service (NRCS) yield information to adjust for 
climatic yield conditions on land reclaimed for use as cropland or 
prime farmland, (2) deletion of the allowance for ``auxiliary 
shelterbelts'' without revegetation success standards on land reclaimed 
for use as shelterbelts, (3) addition of the ability for North Dakota 
to require, by permit condition, shelterbelts as a postmining land use 
that meet the success standards in its revegetation success document, 
(4) addition of the allowance for tree and shrub stocking standards 
approved by the State Game and Fish Department and the State Forest 
Service, as well as by the U.S. NRCS, on land reclaimed for use as 
shelterbelts, (5) addition of the requirement that all species in the 
approved seed mixture must be present at the time of final bond release 
on land reclaimed for use as tame pastureland, (6) clarification that 
actual sample means must be used in formulas that determine sample size 
when measuring success of revegetation for bond release, (7) addition 
of specifications for size and location of representative strips used 
to demonstrate the restoration of soil productivity on land reclaimed 
for use as cropland and prime farmland, (8) deletion of the State 
wetland classification system and retention of the Stewart and Kantrud 
system of wetland classification for premining assessments on land to 
be reclaimed for use as fish and wildlife habitat, (9) clarification of 
the requirement that sampling techniques for measuring success of woody 
plant density use a 90-percent statistical confidence interval, (10) 
allowance as a normal conservation practice the voluntary planting of 
trees and shrubs on agricultural land at the request of the land owner 
or for fish and wildlife enhancement, and (11) clarification that a 
single reinforced interseeding may be allowed without restarting the 
liability period on land reclaimed for use as native grazing land.

III. Public Comment Procedures

    OSM is reopening the comment period on the proposed North Dakota 
program amendment to provide the public an opportunity to reconsider 
the adequacy of the proposed amendment in light of the additional 
materials submitted. In accordance with the provisions of 30 CFR 
732.17(h), OSM is seeking comments on whether the proposed amendment 
satisfies the applicable program approval criteria of 30 CFR 732.15. If 
the amendment is deemed adequate, it will become part of the North 
Dakota program.
    Written comments should be specific, pertain only to the issues 
proposed in this rulemaking, and include explanations in support of the 
commenter's recommendations. Comments received after the time indicated 
under DATES or at locations other than the Casper Field Office will not 
necessarily be considered in the final rulemaking or included in the 
administrative record.

IV. 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 934

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: May 17, 1995.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 95-12574 Filed 5-22-95; 8:45 am]
BILLING CODE 4310-05-M