[Federal Register Volume 62, Number 82 (Tuesday, April 29, 1997)]
[Proposed Rules]
[Pages 23194-23196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10989]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 925

[SPATS No. MO-032-FOR]


Missouri Regulatory Program

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

ACTION: Proposed rule; public comment period and opportunity for public 
hearing.

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SUMMARY: OSM is announcing receipt of a proposed amendment to the 
Missouri regulatory program (hereinafter the ``Missouri program'') 
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). 
The proposed amendment consists of revisions to Missouri's revegetation 
success guidelines pertaining to the use of county average yields for 
prime farmland areas and special requirements for ground cover density 
on previously mined areas. The amendment is intended to revise the 
Missouri program to be consistent with the corresponding Federal 
regulations and improve operational efficiency.
    This document sets forth the times and locations that the Missouri 
program and proposed amendment to that program are available for public 
inspection, the comment period during which interested persons may 
submit written comments on the proposed amendment, and the procedures 
that will be followed regarding the public hearing, if one is 
requested.

DATES:  Written comments must be received by 4:00 p.m., c.d.t, May 29, 
1997. If requested, a public hearing on the proposed amendment will be 
held on May 27, 1997. Requests to speak at the hearing must be received 
by 4:00 p.m., c.d.t. on May 14, 1997.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Michael C. Wolfrom, Mid-Continent 
Regional Coordinating Center, at the address listed below.
    Copies of the Missouri program, the proposed amendment, a listing 
of any scheduled public hearings, and all written comments received in 
response to this document will be available for public review at the 
address 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 Mid-Continent Regional 
Coordinating Center.
    Michael C. Wolfrom, Mid-Continent Regional Coordinating Center, 
Office of Surface Mining Reclamation and Enforcement, Alton Federal 
Building, 501 Belle Street, Alton, Illinois, 62002, Telephone: (618) 
463-6460.
    Missouri Department of Natural Resources, Land Reclamation Program, 
205 Jefferson Street, P.O. Box 176, Jefferson City Missouri 65102, 
Telephone: (573) 751-4041.

FOR FURTHER INFORMATION CONTACT:
Michael C. Wolfrom, Mid-Continent Regional Coordinating Center, 
Telephone: (618) 463-6460.

SUPPLEMENTARY INFORMATION:

I. Background on the Missouri Program

    On November 21, 1980, the Secretary of Interior conditionally 
approved the Missouri program. General background information on the 
Missouri program, including the Secretary's findings, the disposition 
of comments, and the conditions of approval of the Missouri program can 
be found in the November 21, 1980, Federal Register (45 FR 77017). 
Subsequent actions concerning Missouri's program and program amendments 
can be found at 30 CFR 925.12, 925.15, and 925.16.

II. Description of the Proposed Amendment

    By letter dated April 16, 1997 (Administrative Record No. MO-649), 
Missouri submitted a proposed amendment to its program pursuant to 
SMCRA. Missouri submitted the proposed amendment at its own

[[Page 23195]]

initiative. Missouri proposes to amend its revegetation success 
guidelines by adding procedures to allow for the use of county average 
yields when determining how the production on reclaimed prime farmland 
compares to the production on unmined prime farmland and by referencing 
the special requirements for ground cover density on previously mined 
areas in each land use section of the guidelines. A brief discussion of 
the proposed amendment is presented below.

1. Phase II/III Revegetation Success Standards for Prime Farmland

    Missouri proposes to revise section II.C.5 and to add Appendix N. 
The revision to section II.C.5 specifies that if county average yields 
are selected as the success standard, the Natural Resource Conservation 
Service (NRCS) will determine the yield comparisons at their office in 
Columbia, Missouri. The operator is to submit the yield data from mined 
areas to the Missouri Land Reclamation Program. The yield data will 
then be submitted to the NRCS for comparisons. The NRCS will use the 
calculation procedure in Appendix N to make yield comparisons between 
unmined prime soils within the county to those that have been mined. 
Appendix N contains a four step procedure to determine the required 
post-mined productivity levels. It includes plotting the recent 10 year 
average yield, including the year in question, from the appropriate 
``County Agri-Facts'' and ranking the averages from highest to lowest; 
comparing the yield in the year in question to the highest yield 
recorded in the 10 year period to determine percentage of yield for the 
specific year to the highest 10 year yield; multiplying the 
Productivity Index for the soil mapping unit from the ``Productivity of 
Missouri Soils'' publication by the percentage figure; and converting 
the final figure to bushels per acre. Appendix N also contains an 
example of the use of the calculation. Existing Appendix N was 
redesignated Appendix O.

2. Phase III Revegetation Success Standards for Pasture

    At section I, Missouri proposes to revise its requirements for 
ground cover on previously mined lands reclaimed to a land use of 
pasture. Where pasture was the premining use, the ground cover shall be 
restored to at least original density, but not less than that necessary 
to control erosion. If the premining use was not pasture or the 
premining ground cover density was not recorded before redisturbance, 
the permittee shall establish a ground cover density of 90 percent. The 
ground cover shall be determined during the last year of the five-year 
liability period. Productivity testing is not required on pasture land 
that was previously mined.

3. Phase III Revegetation Success Standards for Wildlife Habitat

    At section I, Missouri proposes to add requirements for ground 
cover on previously mined lands reclaimed to a land use of wildlife 
habitat. Where wildlife habitat was the premining use, the ground cover 
shall be restored to at least original density, but not less than that 
necessary to control erosion. If the premining use was not wildlife 
habitat or the premining ground cover density was not recorded before 
redisturbance, the permittee shall establish a ground cover density of 
70 percent. The ground cover shall be determined during the last year 
of the five-year liability period.

4. Phase III Revegetation Success Standards for Woodland

    At section I, Missouri proposes to add requirements for ground 
cover on previously mined lands reclaimed to a land use of woodland. 
Where woodland was the premining use, the ground cover shall be 
restored to at least original density, but not less than that necessary 
to control erosion. If the premining use was not woodland or the 
premining ground cover density was not recorded before redisturbance, 
the permittee shall establish a ground cover density of 70 percent. The 
ground cover shall be determined during the last year of the five-year 
liability period.

5. Phase III Revegetation Success Standards for Industrial/Commercial

    At section I, Missouri proposes to add requirements for ground 
cover on previously mined lands reclaimed to a land use of industrial/
commercial. Where industrial/commercial was the premining use, the 
ground cover shall be restored to at least original density, but not 
less than that necessary to control erosion. If the premining use was 
not industrial/commercial or the premining ground cover density was not 
recorded before redisturbance, the permittee shall establish a ground 
cover density of 70 percent. The ground cover shall be determined 
during the last year of the five-year liability period.

6. Phase III Revegetation Success Standards for Residential

    At section I, Missouri proposes to add requirements for ground 
cover on previously mined lands reclaimed to a land use of residential. 
Where residential was the premining use, the ground cover shall be 
restored to at least original density, but not less than that necessary 
to control erosion. If the premining use was not residential or the 
premining ground cover density was not recorded before redisturbance, 
the permittee shall establish a ground cover density of 70 percent. The 
ground cover shall be determined during the last year of the five-year 
liability period.

7. Phase III Revegetation Success Standards for Recreation

    At section I, Missouri proposes to add requirements for ground 
cover on previously mined lands reclaimed to a land use of recreation. 
Where recreation was the premining use, the ground cover shall be 
restored to at least original density, but not less than that necessary 
to control erosion. If the premining use was not recreation or the 
premining ground cover density was not recorded before redisturbance, 
the permittee shall establish a ground cover density of 70 percent. The 
ground cover shall be determined during the last year of the five-year 
liability period.

III. Public Comment Procedures

    In accordance with the provisions of 330 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 Missouri program.

Written Comments

    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 Mid-Continent Regional 
Coordinating Center will not necessarily be considered in the final 
relemaking or included in the Administrative Record.

Public Hearing

    Persons wishing to speak at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m. c.d.t. 
on May 14, 1997. The location and time of the hearing will be arranged 
with those persons requesting the hearing. Any disabled individual who 
has need for a special accommodation to attend a public hearing should 
contact the individual listed under FOR FURTHER INFORMATION CONTACT. If 
no one requests an opportunity to speak at the public hearing, the 
hearing will not be held.
    Filing of a written statement at the time of the hearing is 
requested as it will greatly assist the transcriber.

[[Page 23196]]

Submission of written statements in advance of the hearing will allow 
OSM officials to prepare adequate responses and appropriate questions.
    The public hearing will continue on the specified date until all 
persons scheduled to speak have been heard. Persons in the audience who 
have not been scheduled to speak, and who wish to do so, will be heard 
following those who have been scheduled. The hearing will end after all 
persons scheduled to speak and persons present in the audience who wish 
to speak have been heard.

Public Meeting

    If only one person requests an opportunity to speak at a hearing, a 
public meeting, rather than a public hearing, may be held. Persons 
wishing to meet with OSM representatives to discuss the proposed 
amendment may request a meeting by contacting the person listed under 
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the 
public and, if possible, notices of meetings will be posted at the 
location listed under ADDRESSES. A written summary of each meeting will 
be made a part of the Administrative Record.

IV. 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 12988

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 (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 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 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.

Unfunded Mandates

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 925

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: April 23, 1997.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 97-10989 Filed 4-28-97; 8:45 am]
BILLING CODE 4310-05-M