[Federal Register Volume 60, Number 227 (Monday, November 27, 1995)]
[Rules and Regulations]
[Pages 58234-58236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28865]



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

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 916

[SPATS No. KS-016-FOR]


Kansas Regulatory Program

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

ACTION: Final rule; approval of amendment.

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

SUMMARY: OSM is approving a proposed amendment to the Kansas regulatory 
program (hereinafter referred to as the ``Kansas program'') under the 
Surface Mining Control and Reclamation Act of 1977. Kansas proposed 
revisions to its approved revegetation success guidelines pertaining to 
an additional measurement technique that could be used to determine 
woody stem density. The amendment is intended to improve operational 
efficiency.

EFFECTIVE DATE: November 27, 1995.

FOR FURTHER INFORMATION CONTACT:
Brent Wahlquist, Regional Director, Mid-Continent Regional Coordinating 
Center, Office of Surface Mining, Alton Federal Building, 501 Belle 
Street, Alton, Illinois, 62002, Telephone: (618) 463-6460.

SUPPLEMENTARY INFORMATION:

I. Background on the Kansas Program
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations

I. Background on the Kansas Program

    On January 21, 1981, the Secretary of the Interior conditionally 
approved the Kansas program. General background information on the 
Kansas program, including the Secretary's findings, the disposition of 
comments, and the conditions of approval can be found in the January 
21, 1981, Federal Register (46 FR 5892). Subsequent actions concerning 
Kansas' program and program amendments can be found at 30 CFR 916.10, 
916.12 and 916.15.

II. Submission of the Proposed Amendment

    By letter dated August 9, 1995 (Administrative Record No. KS-600), 
Kansas submitted a proposed amendment to its program pursuant to SMCRA. 
Kansas submitted the proposed amendment at its own initiative to 
improve its program efficiency. Kansas proposes to modify its 
requirements for determining the productivity success of trees and 
shrubs by amending its approved revegetation success guidelines 
entitled ``Revegetation Standards for Success and Statistically Valid 
Sampling Techniques for Measuring Revegetation Success'' to include an 
alternative sampling method for determining woody stem density.
    OSM announced receipt of the proposed amendment in the September 
12, 1995, Federal Register (60 FR 47314), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on its adequacy (Administrative Record No. KS-603). The 
public comment period ended on October 12, 1995.

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 concerning the 
proposed amendment.

Woody Stem Density

    Kansas proposes to amend its revegetation success guidelines by 
adding an alternative method for measurement of woody stem density. 
This would apply to any land use where trees or shrubs would be 
required to be planted as part of the approved reclamation and 
revegetation plan. The approved guidelines currently only allow for a 
100 percent count of trees and shrubs in the proposed release area. The 
proposed amendment would still require that 100 percent counts are 
necessary when the reclamation plan calls for less than 300 stems per 
acre and less than 10 acres. When the reclamation plan calls for more 
than 300 stems per acre or the release area is larger than 10 acres, 
the permittee has the option of either doing a 100 percent count or 
collecting a statistically valid sample utilizing randomly selected \1/
50\th acre circular plots.
    The Kansas program regulations concerning statistically valid 
sampling methods for measuring revegetation success are found at Kansas 
Administrative Regulation (KAR) 47-9-1(c)(42) and adopt by reference 30 
CFR 816.116, as in effect on July 1, 1990. 

[[Page 58235]]
These regulations are essentially identical to the counterpart Federal 
regulations. Kansas is adding an alternative measurement technique for 
the determination of woody stem density for any land use where the 
approved reclamation plan would require the planting of trees or 
shrubs. The method must meet the State and Federal requirement that 
this measurement technique be a statistically valid sampling technique 
as required at 30 CFR 816/817.116(a). The Director finds that by 
requiring random sampling where sample adequacy is established and 
utilizing a 90 percent statistical confidence interval (i.e., one-sided 
test with a 0.10 alpha error), the proposed method is no less effective 
than the Federal regulations at 30 CFR 816/817.116(a).

IV. Summary and Disposition of Comments

Public Comments

    The Director solicited public comments and provided an opportunity 
for a public hearing on the proposed amendment. No public comments were 
received and because no one requested an opportunity to speak at a 
public hearing, no hearing was held.

Federal 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 Kansas program.
    The U.S. Department of the Interior, Fish and Wildlife Service, 
responded on September 12, 1995, and provided its concurrence that the 
implementation of the proposed revision should adequately ensure 
successful revegetation of reclaimed areas and had no objection to the 
proposal (Administrative Record No. 602). The U.S. Department of 
Agriculture, Natural Resources Conservation Service, responded on 
September 25, 1995, but did not offer any substantive comments 
(Administrative Record No. KS-604).

Environmental Protection Agency (EPA)

    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 Kansas proposed to make in its amendment 
pertain to air or water quality standards. Therefore, OSM did not 
request EPA's concurrence.
    Pursuant to Sec. 732.17(h)(11)(i), OSM solicited comments on the 
proposed amendment from EPA (Administrative Record No. KS-605). EPA did 
not respond to the request.

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

    Pursuant to 30 CFR 732.17(h)(4), OSM is required to solicit 
comments on proposed amendments which may have an effect on historic 
properties from the SHPO and ACHP. Since the proposed amendment would 
not have any effect on historic properties, OSM did not solicit comment 
from the SHPO or ACHP.

V. Director's Decision

    Based on the above finding, the Director approves Kansas' proposed 
amendment as submitted on August 9, 1995, concerning the Kansas 
alternative method for measurement of woody stem density.
    The Director approves the revision as proposed by Kansas with the 
provision that it is fully promulgated in identical form to the rules 
submitted to and reviewed by OSM and the public.
    The Federal regulations at 30 CFR part 916, codifying decisions 
concerning the Kansas 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

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).

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, to the extent allowed by law, 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 1255) 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.

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 (42 U.S.C. 
4332(2)(C)).

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.).

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.

VII. List of Subjects in 30 CFR 916

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: November 13, 1995.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating 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:

[[Page 58236]]


PART 916--KANSAS

    1. The authority citation for part 916 continues to read as 
follows:

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

    2. Section 916.15 is amended by adding paragraph (p) to read as 
follows:


Sec. 916.15  Approval of regulatory program amendments.

* * * * *
    (p) The revision to the Kansas Revegetation Standards for Success 
and Statistically Valid Sampling Techniques for Measuring Revegetation 
Success, concerning the alternative for measuring woody stem density as 
submitted to OSM on August 9, 1995, is approved effective November 27, 
1995.

[FR Doc. 95-28865 Filed 11-24-95; 8:45 am]
BILLING CODE 4310-05-M