[Federal Register Volume 63, Number 116 (Wednesday, June 17, 1998)]
[Proposed Rules]
[Pages 33022-33023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16128]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 934

[ND-035-FOR, Amendment No. XXV]


North Dakota Regulatory Program

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

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

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SUMMARY Office of Surface Mining Reclamation and Enforcement (OSM) is 
announcing receipt of 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 additional explanatory 
information for North Dakota's proposed rules pertain to changes to 
provisions on vegetation success standards for final bond release. The 
amendment is intended to revise the North Dakota program to improve 
operational efficiency.

DATES: Written comments must be received by 4:00 p.m., m.d.t., July 2, 
1998. If requested, a public hearing on the proposed amendment will be 
held on July 13, 1998. Requests to present oral testimony at the 
hearing must be received by 4:00 p.m., m.d.t., on July 2, 1998.

ADDRESSES: Written comments should be mailed or hand delivered to Guy 
Padgett, Field Office Director, 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, Federal Building, Room 
2128, Casper, Wyoming 82601-1918
James R. Deutsch, Director, Reclamation Division, Public Service 
Commission of North Dakota, State Capitol--600 E. Boulevard, Bismarck, 
North Dakota 58505-0480, Telephone: (701) 328-2400.

FOR FURTHER INFORMATION CONTACT: Guy Padgett, Telephone: (307) 261-
6550; Internet address: [email protected].

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 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 934.15, 934.16, and 934.30.

II. Proposed Amendment

    By letter dated August 29, 1997, North Dakota submitted a proposed 
amendment to its program pursuant to SMCRA, Amendment number XXV, 
administrative record No. ND-Z-01, 30 U.S.C. 1201 et seq.). North 
Dakota submitted the proposed amendment at its own initiative. The 
provisions of the

[[Page 33023]]

North Dakota Administrative Code (NDAC) that North Dakota proposed to 
revise were: NDAC 69-05.2-13-01, concerning its Coal Production and 
Reclamation Fee Report; NDAC 65-05.2-22-07, concerning reclamation 
success standards for woodlands and shelter belts; and the addition of 
NDAC 69-05.2-28, concerning inspections of inactive mines.
    OSM announced receipt of the proposed amendment in the September 
17, 1997, Federal Register (62 FR 48807), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on its adequacy (administrative record No. ND-Z-03). 
Because no one requested a public hearing or meeting, none was held. 
The public comment period ended at 4:00 p.m. on October 17, 1997.
    During its review of the amendment, OSM identified concerns 
relating to the provisions of NDAC 69-05.2-22-07.4.1, the timeframe for 
proving reclamation success. OSM notified North Dakota of the concerns 
in a telephone conversation of March 2, 1998 (administrative record No. 
ND-Z-09). North Dakota responded in a letter dated April 23, 1998, by 
submitting additional explanatory information (administrative record 
No. ND-Z-10).
    North Dakota submitted additional explanatory information for NDAC 
69-05.2-22-07.4.1, concerning the timeframe for proving reclamation 
success. North Dakota explains that an operator may demonstrate that 
the applicable standards have been achieved for three out of five 
consecutive years starting no sooner than the eighth year of the 
responsibility period, as an alternative to meeting revegetation 
success standards for the last two consecutive growing seasons of the 
responsibility period. This alternative does not pertain to success 
standards for prime farmlands.

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 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 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.

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 (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.

6. 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 Subject in 30 CFR Part 934

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: June 9, 1998.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 98-16128 Filed 6-16-98; 8:45 am]
BILLING CODE 4310-05-M