[Federal Register Volume 64, Number 142 (Monday, July 26, 1999)]
[Proposed Rules]
[Pages 40323-40326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18946]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 916

[SPATS No. KS-021-FOR]


Kansas Regulatory Program

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

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

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is announcing receipt of an amendment to the Kansas regulatory program 
(Kansas program) under the Surface Mining Control and Reclamation Act 
of 1977 (SMCRA). Kansas is proposing to condense and revise its 
previously approved revegetation success guidelines. The amendment is 
intended to revise the Kansas program to be consistent with the 
corresponding Federal regulations and to improve operational 
efficiency.
    This document gives the times and locations that the Kansas program 
and the amendment to that program are available for public inspection, 
the comment period during which you may submit written comments on the 
proposed amendment, and the procedures that will be followed for the 
public hearing, if one is requested.

DATES: We will accept written comments until 4:00 p.m., c.d.t., August 
25, 1999. If requested, we will hold a public hearing on the amendment 
on August 20, 1999. We will accept requests to speak at the hearing 
until 4:00 p.m., c.d.t. on August 10, 1999.

ADDRESSES: You should mail or hand deliver written comments and 
requests to speak at the hearing to John Coleman, Mid-Continent 
Regional Coordinating Center, at the address listed below.
    You may review copies of the Kansas program, the amendment, a 
listing of any scheduled public hearings, and all written comments 
received in response

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to this document at the addresses listed below during normal business 
hours, Monday through Friday, excluding holidays. You may receive one 
free copy of the amendment by contacting OSM's Mid-Continent Regional 
Coordinating Center.
    John Coleman, Mid-Continent Regional Coordinating Center, Office of 
Surface Mining, Alton Federal Building, 501 Belle Street, Alton, 
Illinois, 62002, Telephone: (618) 463-6460.
    Kansas Department of Health and Environment, Surface Mining 
Section, 4033 Parkview Drive, Frontenac, Kansas 66763, Telephone (316) 
231-8540.

FOR FURTHER INFORMATION CONTACT: John Coleman, Mid-Continent Regional 
Coordinating Center. Telephone: (618) 463-6460. Internet: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Kansas Program

    On January 21, 1981, the Secretary of the Interior conditionally 
approved the Kansas program. You can find general background 
information on the Kansas program, including the Secretary's findings, 
the disposition of comments, and the conditions of approval in the 
January 21, 1981, Federal Register (46 FR 5892). You can find later 
actions concerning the Kansas program at 30 CFR 916.10, 916.12, 916.15, 
and 916.16.

II. Description of the Proposed Amendment

    By letter dated July 12, 1999 (Administrative Record No. KS-616), 
the Kansas Department of Health and Environment, Surface Mining Section 
(SMS) sent us an amendment to the Kansas program under SMCRA. The SMS 
sent the amendment in response to deficiencies that we identified in 
Kansas' revegetation success guidelines in a final rule decision on 
August 19, 1992 (57 FR 37430). The amendment also includes changes made 
at the SMS's own initiative. The SMS proposes to amend the Kansas 
revegetation success guidelines entitled ``Revegetation Standards for 
Success and Statistically Valid Sampling Techniques for Measuring 
Revegetation Success.'' A brief summary of the changes are discussed 
below. The full text of the program amendment is available for your 
inspection at the locations listed above under ADDRESSES.

1. Preface

    Kansas revised the preface to reflect the current revisions to its 
revegetation success guidelines. Kansas also removed language from the 
preface that was not approved by us in the August 19, 1992, final rule 
decision. The removed language appeared to exempt specific permits from 
possible revisions to reflect the success standards and sampling 
techniques in Kansas' revegetation success guidelines.

2. Introduction

    Kansas made minor revisions to the existing language and added the 
following new paragraph:

    In adopting the aforementioned references, the operator is 
required to use a statistically valid sampling technique at a 90% or 
greater statistical confidence as approved by the SMS in 
consultation with the United States Department of Agriculture 
(USDA), Natural Resource Conservation Service (NRCS). Furthermore, 
success standards for each permit will be based on the most current 
county survey in place at the time of the permit's issuance.

3. Definitions

    Kansas defined the following terms that are used throughout the 
Kansas revegetation success guidelines: A.U.M.; Cropland; Diverse; 
Effective; Forage; Historically Cropped; KDWP; KSU; NRCS; Permanent; 
Previously Mined; Prime Farmland; and SMS.

4. Tables

    Kansas added four new tables. Table 1 contains productivity and 
ground cover vegetation requirements for Phase II and Phase III bond 
release of pasture land and grazing land; wildlife habitat, recreation, 
shelter belts, and forest products; and industrial, commercial, or 
residential land uses. Table 2 lists productivity and ground cover 
vegetation requirements for Phase II and Phase III bond release of 
prime farmland. Table 3 contains productivity and ground cover 
vegetation requirements for Phase II and Phase II bond release of 
cropland. Table 4 provides the suggested minimum number of samples by 
size of area being evaluated for corn, soybeans, wheat/oats, sorghum, 
and forage crops.

5. Chapter I. Ground Cover Success

    Kansas consolidated the substantive provisions of its currently 
approved ground cover success standards for all land uses in this 
chapter. Section A covers the standard for ground cover on topsoiled 
areas. Section B discusses the standard for ground cover on previously 
mined areas. Section C provides the standard for ground cover on 
wildlife habitat areas. Section D contains standards for ground cover 
on industrial, commercial, or residential areas with topsoil. Sections 
E and F provide general information on ground cover sampling criteria 
and techniques. Section G contains specific pre-mining ground cover 
sampling techniques. Section H provides specific post-mining ground 
cover sampling criteria. Finally, Section I covers specific post-mining 
ground cover sampling techniques.

6. Chapter II. Forage Production Success Standard

    Kansas revised and consolidated the substantive provisions of its 
currently approved forage production success standards for all 
applicable land uses in this chapter. Kansas also added whole field 
harvest to the methods of data collection for forage. Section A 
discusses the use of the USDA-NRCS crop yield database that is listed 
by soil mapping units in the published county soil surveys for Kansas 
and the USDA-NRCS database in the Technical Guide Notice KS-145 
(Appendix B). Section B contains information on methods of calculation 
using the Animal Unit Month (A.U.M.) values listed in the USDA-NRCS 
soil surveys for Kansas. Section C provides productivity standards for 
prime farmland forage crops. Section D covers the productivity standard 
for previously mined lands reconstructed to pasture and grazing land. 
Section E contains information on the productivity standard for pasture 
and grazing land. Section F discusses the use of representative areas, 
with test plots, or whole field harvesting as methods for data 
collection. Section G contains forage crop production sampling 
criteria. Finally, Section H provides forage crop production sampling 
techniques.

7. Chapter III. Productivity Standard Databases for Row Crops

    Kansas revised and consolidated the substantive provisions of its 
currently approved row crop production success standards for prime and 
non-prime farmland in this chapter. Kansas also added corn as an 
acceptable row crop. Section A discusses the acceptable row crops for 
revegetation productivity. Section B contains information on the method 
of row crop production success standard calculations. Section C 
provides row crop sampling criteria. Section D contains methods for 
data collection involving representative areas, with test plots, and 
whole field harvesting. Section E provides productivity sampling 
criteria for prime farmland row crops. Section F discusses productivity 
sampling criteria for non-prime farmland cropland row crops. Finally, 
Section G contains row crop sampling techniques involving test plots 
and whole field harvest for grain sorghum (milo), wheat, soybeans, and 
corn. In response to deficiencies that we identified in the August 19, 
1992, final rule decision on Kansas' current

[[Page 40325]]

revegetation success guidelines, Kansas revised its row crop sampling 
techniques for grain sorghum and wheat to require a determination of 
statistical sample adequacy based on sample weights corrected to a 
standard moisture content.

8. Chapter IV. Stem Density

    Kansas consolidated its productivity success standards for trees 
and shrubs in this chapter. Section A discusses the general success 
standards for fish and wildlife habitat, recreation, shelter belts, and 
forest products land uses. Section B contains the Phase II and Phase 
III productivity success standards for these land uses. Section C 
provides information on productivity sampling criteria. Section D 
contains stem density sampling techniques. Section E discusses 
previously mined areas that are reclaimed to fish and wildlife habitat, 
recreation, shelter belts, or forest products land uses.

9. References

    Kansas listed the technical reports, studies and other documents 
used in developing its revegetation success guidelines.

10. Appendix A, Plant Species List

    This appendix lists plant species, tree species, shrub and vine 
species, and legume species. It lists the plant species that are 
unacceptable for all land uses, with the following exception. All plant 
species listed are acceptable for the fish and wildlife habitat land 
use unless they are marked with an asterisk (*). It lists the 
acceptable tree species for fish and wildlife habitat, recreation, 
shelter belts, and forest products land uses. It also lists the 
acceptable shrub and vine species for fish and wildlife habitat, 
recreation, and shelter belt land uses. Finally, Appendix A lists the 
acceptable legume species based on land use for revegetation 
productivity and ground cover.

11. Appendix B, Methods of Production Success Standard Calculations

    Kansas is proposing a new Animal Unit Month (A.U.M.) value for use 
in calculating forage production. Kansas defines the A.U.M. as the 
monthly average pounds of forage needed to support each 1,000 pounds of 
cattle. Kansas submitted calculations and documentation to support an 
A.U.M. equal to 760 pounds. The documentation included two methods of 
calculating forage production based on A.U.M. per soil type for cool 
season grass seed mixtures and warm season grass seed mixtures. 
Appendix B also contains tables showing two methods of calculating the 
success standard for grain sorghum by soil type and soybeans by soil 
type.

12. Appendix C, Planting Reports

    This appendix contains the following reports: Mining Section 
Planting Report; Cropland Seeding Report; Forage/Pastureland Seeding 
Report; Woodland/Wildlife Seeding and Planting Report; Wildlife Seeding 
Mixture Report; and Annual Production and Ground Cover Survey.

13. Appendix D, Reference Area Criteria

    Kansas moved its previously approved provisions for reference areas 
to Appendix D.

14. Appendix E, Representative Sample Field Area Definition and Test 
Plot Criteria

    This appendix discusses the use of data from representative sample 
field areas to prove row crop production success. This data is obtained 
from individual row crop test plots.

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are requesting 
comments on whether the proposed amendment satisfies the applicable 
program approval criteria of 30 CFR 732.15. If we approve the 
amendment, it will become part of the Kansas program.

Written Comments

    Your written comments should be specific and pertain only to the 
issues proposed in this rulemaking. You should explain the reason for 
any recommended change. In the final rulemaking, we will not 
necessarily consider or include in the Administrative Record any 
comments received after the time indicated under DATES or at locations 
other than the Mid-Continent Regional Coordinating Center.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., c.d.t. on 
August 10, 1999. We will arrange the location and time of the hearing 
with those persons requesting the hearing. If you are disabled and need 
special accommodation to attend a public hearing, contact the 
individual listed under FOR FURTHER INFORMATION CONTACT. The hearing 
will not be held if no one requests an opportunity to speak at the 
public hearing.
    You should file a written statement at the time you request the 
hearing. This will allow us 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. If 
you are in the audience and have not been scheduled to speak and wish 
to do so, you will be allowed to speak after those who have been 
scheduled. We will end the hearing 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. If you wish 
to meet with us to discuss the amendment, request a meeting by 
contacting the person listed under FOR FURTHER INFORMATION CONTACT. All 
such meetings are open to the public and, if possible, we will post 
notices of meetings at the locations listed under ADDRESSES. We also 
make a written summary of each meeting a part of the Administrative 
Record.

IV. Procedural Determinations

Executive Order 12866

    The Office of Management and Budget (OMB) exempts this rule from 
review 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 State regulatory 
programs and program amendments 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

    This rule does not require an environmental impact statement since 
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency 
decisions on State regulatory program provisions do not constitute 
major Federal actions within the meaning of section 102(2)(C)

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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 
corresponding 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. Therefore, this rule will ensure that existing requirements 
previously published 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 corresponding Federal regulations.

Unfunded Mandates

    OSM has determined and certifies under the Unfunded Mandates Reform 
Act (2 U.S.C. 1502 et seq.) that this rule will not impose a cost of 
$100 million or more in any given year on local, state, or tribal 
governments or private entities.

List of Subjects in 30 CFR Part 916

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: July 19, 1999.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 99-18946 Filed 7-23-99; 8:45 am]
BILLING CODE 4310-05-P