[Federal Register Volume 64, Number 94 (Monday, May 17, 1999)]
[Notices]
[Pages 26773-26774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12359]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement


Revegetation: Standards for Success

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

ACTION: Request for public comments and notice of public meetings.

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SUMMARY: OSM will hold public meetings to solicit comments, concerns, 
and new ideas regarding the performance standards for determining the 
success of revegetation. We also invite written comments regarding this 
issue.
    We prepared a concept paper to assist those interested in 
commenting in writing or preparing for the meetings. The concepts we 
presented are not an indication of any preconceived direction that new 
policies or rules would take. Instead, they represent a compilation of 
ideas and questions that have been raised. You, however, are not 
limited to these ideas or questions and we encourage you to bring 
forward new concepts or ideas for consideration.

DATES: Written comments: OSM will accept written comments until 5:00 
p.m., c.d.t, on July 30, 1999.
    Public meetings: We will meet with interested persons to receive 
comments on this issue until July 30, 1999. If requested, we will meet 
you on the dates and in the locations listed under ADDRESSEES: Public 
Meetings.'' You may also request additional meetings. In order to make 
proper arrangements for these additional meetings, make your request 
before June 30, 1999.

ADDRESSES: Written comments and requests for concept paper: You should 
hand deliver, mail, or e-mail written comments and requests for the 
concept paper to one of the persons listed under FOR FURTHER 
INFORMATION CONTACT. You also may call one of the persons listed to 
obtain a copy of the concept paper.
    Telefax: You may obtain copies of the concept paper from FAX ON 
DEMAND by calling (202) 219-1703 and following the instructions of the 
recorded announcement.
    Internet: You may view or download the concept paper from the OSM 
homepage at www.osmre.gov.
    Public meetings: If requested, we will meet with you, individually 
or in groups, at the following locations: May 27, 1999, in Bismarck, 
North Dakota; June 2, 1999, in Denver, Colorado; June 18, 1999, in 
Gillette, Wyoming; June 22, 1999, in Alton, Illinois; and June 24, 
1999, in Knoxville, Tennessee. If you

[[Page 26774]]

are interested in attending a meeting at any of these locations, please 
contact one of the persons listed under FOR FURTHER INFORMATION CONTACT 
to schedule the meeting and to obtain the address. If we do not receive 
a request for a meeting at a particular location, we will not hold the 
meeting.
    You may request an additional meeting by contacting one of the 
persons listed under FOR FURTHER INFORMATION CONTACT. If you require 
special accommodation to attend a meeting, also contact one of the 
persons listed under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Ervin Barchenger, Office of Surface 
Mining Reclamation and Enforcement, Mid-Continent Regional Coordinating 
Center, Alton Federal Building, 501 Belle Street, Alton, IL 62002, 
Telephone (618) 463-6463, extension 129, e-mail: [email protected]; or
    Robert Postle, Office of Surface Mining Reclamation and 
Enforcement, Western Regional Coordinating Center, 1999 Broadway, Suite 
3320, Denver, CO 80202, Telephone (303) 844-1400, ext. 1469, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: You will find the standards for revegetation 
success in Section 515(19) of the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA). Section 515(19) requires a ``diverse, 
effective, and permanent vegetative cover that is equal in extent of 
cover to pre-mining vegetation and is capable of self-regeneration and 
plant succession.'' SMCRA also requires that the operator assume 
responsibility for successful vegetation (as defined above) for either 
5 or 10 years (depending on rainfall) after completing efforts to 
establish the vegetation to assure those efforts are successful. See 30 
CFR 816/817.116 for the implementing regulations.
    Congress apparently recognized the value of vegetative diversity as 
well as the transitional nature of reestablished vegetative communities 
that exist after 5 or 10 years. It understood that neither mature 
hardwood forests nor stable climax prairie or desert shrub communities 
can develop within just a few years. Therefore, Congress created a 
revegetation success standard that is based, in part, on establishing a 
vegetation cover that is a diverse community of native perennial 
species and that has the potential for regeneration and plant 
succession into the plant community ultimately sought. Thus, 
revegetation efforts must contain the appropriate mix of species to 
establish a transitional community capable of developing into the 
desired plant community through natural succession.
    Our revegetation success regulations, intended to implement the 
statutory performance standard requirements, focus on cover, 
production, and stocking, and require statistically valid sampling of 
vegetation (and statistical analysis with a confidence interval) for 
bond release. For some areas of reclamation, such as agricultural 
cropland, hayland, commercial forest land, etc., a focus on cover, 
production or stocking may be the most appropriate way of determining 
success. However, concerns have developed over the appropriateness and 
effectiveness of the current regulations for judging vegetation success 
for land uses involving establishment of permanent vegetation, such as 
grazingland, fish and wildlife habitat, and non-commercial forest.
    We are conducting this outreach effort to determine if there is a 
more effective way to evaluate achievement of the statutory 
revegetation success standard that also encourages the diversity 
objective contained in SMCRA. That is, has an effective and diverse 
community, including appropriate native species, been established that 
will be able to, through natural succession, develop into the mature 
plant community appropriate for the designated land use. Increased 
diversity should result in enhancing fish and wildlife uses, as well as 
improving the resiliency of the reestablished plant community.
    We are seeking to involve the public in advance of developing any 
modifications to our position on these issues. To initiate discussions, 
we prepared a concept paper that contains ideas and questions that may 
assist those interested in commenting or preparing for the meetings. 
The concepts presented are not an indication of any preconceived 
direction that new policies or rules should take, but rather represent 
a compilation of ideas and questions that have been raised. However, 
you are not limited to those ideas or questions. We encourage you to 
bring forward new concepts or ideas for consideration. If we determine 
that the input we receive indicates a need for a revision of the 
regulations, we will follow standard procedures by publishing a 
proposal in the Federal Register and holding public hearings to seek 
comments.

    Dated: May 10, 1999.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 99-12359 Filed 5-14-99; 8:45 am]
BILLING CODE 4310-05-P