[Federal Register Volume 64, Number 195 (Friday, October 8, 1999)]
[Proposed Rules]
[Pages 54840-54843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26357]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 915
[SPATS No. IA-005-FOR]
Iowa Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; reopening and extension of public comment period
on proposed amendment.
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SUMMARY: OSM is announcing receipt of revisions to a previously
proposed amendment to the Iowa regulatory program (Iowa program) under
the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Iowa
proposes revisions to its revegetation success guidelines concerning
the definition for ``prime farmland,'' plant species for recreational
and wildlife areas, reference areas, normal husbandry practices,
minimum planting arrangements for recreational, wildlife, and forested
lands, and control area adjustments of prime farmland.
Iowa intends to revise its program to be consistent with the
corresponding Federal regulations and to improve operational
efficiency.
DATES: We will accept written comments until 4:00 p.m., c.d.t., October
25, 1999.
ADDRESSES: You should mail or hand deliver written comments to John W.
[[Page 54841]]
Coleman, Mid-Continent Regional Coordinating Center, at the address
listed below.
You may review copies of the Iowa program, the amendment, and all
written comments received in response 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 W. Coleman, Mid-Continent Regional Coordinating Center, Office of
Surface Mining, Alton Federal Building, 501 Belle Street, Alton,
Illinois, 62002, Telephone: (618) 463-6460.
Iowa Department of Agriculture and Land Stewardship, Division of Soil
Conservation, Henry A. Wallace Building, Des Moines, Iowa 50319,
Telephone: (515) 281-6147.
FOR FURTHER INFORMATION CONTACT: John W. Coleman, Mid-Continent
Regional Coordinating Center. Telephone: (618) 463-6460. Internet:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Iowa Program
On January 21, 1981, the Secretary of Interior conditionally
approved the Iowa program, effective April 10, 1981. You can find
background information on the Iowa program, including the Secretary's
findings, the disposition of comments, and the conditions of approval
in the January 21, 1981, Federal Register (46 FR 5885). You can find
later actions on the Iowa program at 30 CFR 915.10, 915.15, and 915.16.
II. Discussion of the Proposed Amendment
By letter dated September 28, 1998 (Administrative Record No. IA-
441), Iowa sent us an amendment to its program under SMCRA. Iowa sent
the amendment in response to our letter dated August 1, 1986
(Administrative Record No. IA-280), that we sent to Iowa under 30 CFR
732.17(c).
We announced receipt of the amendment in the October 14, 1998,
Federal Register (63 FR 55025) and invited public comment on its
adequacy. The public comment period closed November 13, 1998.
During our review of the amendment, we identified concerns relating
to Iowa's revegetation success guidelines concerning the definition for
``prime farmland,'' plant species for recreational and wildlife areas,
reference areas, normal husbandry practices, minimum planting
arrangements for recreational, wildlife, and forested lands, and
control area adjustments of prime farmland. We notified Iowa of these
concerns by electronic mail on November 19, 1998 (Administrative Record
No. IA-441.6). On August 3, 1999, Iowa sent us a revised amendment
(Administrative Record No. IA-441.7).
Iowa proposes the following revisions to its revegetation success
guidelines:
A. Part II.D. Definition of Prime Farmland
Iowa is revising the first sentence of its definition of Prime
Farmland to clarify the source of the U.S. Department of Agriculture's
definition for prime farmland, which was referenced in the definition.
The revised sentence reads as follows: `` Prime Farmland is defined by
the U.S. Department of Agriculture at 7 CFR Part 657. As defined, prime
farmland is the land best suited for food, feed, forage, fiber, and oil
seed crops.'' Iowa also is deleting the last sentence of the first
paragraph, ``Farming of this land results in the least damage to the
environment.''
B. Part III.C.5 Recreational and Wildlife
1. Iowa proposes to revise the second sentence of Part III.C.5.a.i.
to read as follows: ``In the case of wildlife areas, all plant species
found that are not included in the seed mixture approved in the permit
shall be those listed in Appendix 8--Recommended Wildlife &
Recreational Planting Species for Iowa of this document.''
2. Iowa also proposes to revise Part III.C.5.b.ii. to read as
follows: ``Tree and shrub species planted shall be approved in the
permit and as listed in Appendix 5--Recommended Tree Planting Species
in Iowa of this document as acceptable species.''
C. Part IV.E. Recreational, Wildlife, and Forested Lands
1. Iowa is changing the heading for Part IV.E.1. from ``Forested
Lands'' to ``Tree and Shrub Vegetation'' and is removing the phrase
``In the case of a forested land use'' from the first sentence of
IV.E.1.
2. Iowa also revised the first paragraph of Part IV.E.2 to read as
follows:
The tree and/or shrub success standards shall be met only when
all of the following have been established. (a) All of the previous
criteria under IV.E. Recreational, Wildlife, and Forested Lands have
been met. (b) When eighty percent (80%) of the trees and/or shrubs
used in proving this success standard have been in place for sixty
percent (60%) of the responsibility period (or three years). (c) The
Permittee provides documentation that eighty percent (80%) of the
planted trees and/or shrubs have survived and been in place a
minimum of three (3) consecutive years. (d) The Permittee provides
documentation that there are at least four hundred (400) live trees
and/or shrubs per acre. (e) The Permittee provides documentation
that each tree and/or shrub counted toward this revegetation success
standard has been in place at least two (2) years and have at least
one-third (1/3) of its height in live crown.
3. Iowa proposes to revise the third sentence of the second
paragraph of Part IV.E.2. to read as follows: ``In addition there shall
be a minimum of four hundred (400) live trees or shrubs per acre of
land under a forested land use, including recreational or wildlife land
use areas where woody plants are used, for purposes of achieving
revegetation success.''
4. Iowa is also revising the fourth sentence of the second
paragraph of Part IV.E.2 to read as follows: ``At the time of counting
trees or shrubs to determine if their survival meets the revegetation
success standard, eighty percent (80%) of the original number of trees
and/or shrubs planted per acre shall be alive [and] shall have been in
place for three years.''
D. Part IV.G. Control Area Adjustments of Prime Farmland Revegetation
Success Standards
1. Iowa is revising the climatic correction factor (CF) Examples #1
by changing the CF for Example #1 to1.05, the ``Climatically Adjusted
Corn Productivity Revegetation Success Standard'' calculation to ``1.05
x 161 bu. corn/acre = 169.05,'' and the success standard statement to
``Corn Productivity Revegetation Success Standard = 169 bu. corn/
acre.''
2. Iowa is revising the CF for Example #2 to 0.832, the
``Climatically Adjusted Soybean Productivity Revegetation Success
Standard'' calculation to ``0.832 x 54.52 bu. soybeans/acre = 45.3
bu. soybeans/acre,'' and the success standard statement to ``Soybean
Productivity Revegetation Success Standard = 45.3 bu. soybeans/acre.''
E. Part V.A.2. Grain Sampling Technique for Test Plot Harvesting
1. Iowa is revising Part V.A.2.h. to require the permittee to
repeat the steps outlined in Part V.A.2.c. through 2.g. for the fifteen
(15) test plots or samples for each ten (10) acres of field size. Iowa
then provides a formula for determining field sample adequacy.
2. Iowa is deleting the language originally located at Part
V.A.2.i. and replacing it with instructions on how to interpret the
results of the formula for
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determining field sample adequacy provided in Part V.A.2.h. Iowa also
added Field Adequacy Test Examples.
3. Iowa is adding new Part V.A.2.j. to require a permittee to use
corrected standard moisture percentage weights of the grain or beans to
determine sample adequacy for the test plots. Iowa then provides a
formula for determining standard moisture weight sample adequacy.
4. Iowa is also adding new Part V.A.2.k. describing how to
interpret the results of the formula for determining standard moisture
weight sample adequacy provided in Part V.A.2.j. Iowa also added
Standard Moisture Weight Sample Adequacy Examples.
5. Original Parts V.A.2.j., k., and m. are redesignated as new
Parts V.A.2.l., m., and o., respectively. Iowa then added Sample Unit
Production Examples under new Part V.A.2.m. and Average Production
Examples under new Part V.A.2.n.
6. Iowa is revising new Part V.A.2.o. to read as follows:
The average crop production value for the field area, for the
growing season sampled, will have met the appropriate grain or bean
production success standard only when the all of the following
criteria have been met. (i) All of the test plot yield data and
moisture content data for the grain or bean field area has been
submitted to the Division. (ii) The corn, soybeans, oats or wheat
production is greater than or equal to the appropriate reference
area production or calculated production success standard. (iii) The
statistical sample adequacy has been achieved. (iv) All of the
sampling and analysis criteria have been met.
F. Part V.A.3. The Use of Whole Field Harvest
1. Iowa is revising Part V.A.3.d. to read as follows:
Immediately after the grain or beans are harvested and
collected, they must be weighted to three significant digits and
then have moisture contents measured. The grain or bean production
shall be weighed on a scale licenced for trade. A weight and
moisture sample for field, or reference area must be taken. Each
moisture and foreign material sample must not represent more than
five hundred (500) bushels. Tickets shall be submitted to the
Division.
2. Iowa also proposes to add a provision to Part V.A.3.e. to
require the moisture content of a harvest to be determined using a
standard agricultural moisture tester, operated by a licensed grain
elevator.
3. Iowa is adding new Parts V.A.3.i. and j. New Part V.A.3.i.
describes how a permittee should calculate a bushel/acre production
yield. New Part V.A.3.j. describes when the average grain or bean
production value for the whole field harvest yield will have met the
appropriate production success standard.
G. Part V.B.1. Productivity Sampling Technique
1. Iowa is adding new Part V.B.1.b. to require a permittee to
determine representative sample points for each reclaimed area of
forage crops which have been grown to prove achievement of a cropland
or pastureland revegetation success standard. The permittee must use a
minimum of fifteen random sample points per each ten acres to determine
productivity for each field.
2. Existing Parts V.B.1.c. through n. are redesignated as Parts
V.B.1.d. through o., respectively. Iowa then proposes to add additional
language to new Part V.B.1.i. to read as follows: ``Areas requiring
more than thirty (30) sample points for every ten (10) acres in size
may not be eligible for bond release. This high variability indicates
that the sample area may not meet the approved standard.'' After
providing a formula for testing forage field sample adequacy, Iowa
repeats the above statement, adding that if sample adequacy cannot be
met after additional sampling, these areas should be abandoned until
the next growing season. Iowa then provides a Forage Field Sample
Adequacy Example.
3. Under new Part V.B.1.l., Iowa is adding an example of the
Fifteen Percent Moisture Weight Sample Adequacy test. Under new Part
V.B.1.m., Iowa is adding an example of the Corrected Forage Weight
test. Under new Part V.B.1.n., Iowa is adding an example of the Total
Forage Production test.
4. Iowa is adding a new provision at Part V.B.1.p. to read as
follows: ``Forage production yields less than the ninety percent (90%)
of the appropriate pastureland or forage crop revegetation success
standard shall not be accepted for the purposes of bond release.'' Old
Part V.B.1.o. is redesignated as new Part V.B.1.q.
H. Part V.B.2. Whole Field Harvest for Forage Production
1. Iowa is revising the first sentence of the introductory
paragraph at Part V.B.2. to read as follows: ``The use of whole field
harvested shall be limited to the reclaimed areas and any reference
areas, and shall not include any adjacent areas outside these limits.''
2. Iowa is adding a new Part V.B.2.e. to describe when the moisture
adjusted yield of a whole field harvest will have met the appropriate
forage production success standard.
I. Part V.C. Ground Cover
1. Iowa is revising the introductory language at Part V.C. by
adding the provision that plant species other than those included in
the Permit as part of the land use will be counted as ground cover only
after the permittee obtains written permission from the Division. Under
no circumstances will the Division allow noxious weeds, rocks, or bare
ground to be counted as ground cover.
2. Iowa is revising the third sentence of Part V.C.1.e. to read as
follows: ``The only acceptable ground cover is dead vegetative litter
and plant species included in the seed mixture approved in the Permit,
and other acceptable and approved plant species for the land use being
sampled. Iowa is also adding new Part V.C.1.e.i. and ii. to describe
what is acceptable ground cover and non-acceptable ground cover.
3. Iowa is adding an example of the Ground Cover Transect Adequacy
test at Part V.C.1.g. and an example of the Average Percent Ground
Cover test at Part V.C.1.h.
4. Iowa is revising Part V.C.1.i. to describe when the average
percent ground cover for the sample area will have met the appropriate
land use ground cover success standard.
J. Part V.D. Trees and Shrubs
1. Iowa is adding additional language to Part V.D.1. to require the
permittee to divide the total tree and/or shrub count by the number of
acres within a forestland area, and to describe when a permittee will
have met the tree and/or shrub revegetation success standard.
2. Iowa is also adding additional language to Part V.D.2.c. to
describe the criteria for eligible live and healthy trees or shrubs.
3. Iowa is adding new Parts V.D.2.e. through h. Part V.D.2.e.
requires the permittee to determine if tree or shrub planting areas
meet the minimum density of four hundred live and healthy trees or
shrub per acre, as well as describes the minimum number of trees and/or
shrubs needed in each acre and sampling circle. Part V.D.2.f. provides
a formula for determining sampling circle adequacy. Part V.D.2.g.
describes how the permittee should interpret the results of the
Sampling Circle Adequacy test, as well as provides an example of the
Sampling Circle Adequacy test. Finally, Part V.D.2.h. describes when
the tree and/or shrub revegetation success standard will have been met.
K. Part VI Statistical Analysis of Sampling Data
Iowa is adding new Part VI.A. to explain the calculation of means,
[[Page 54843]]
variances, and standard deviations. This new section also includes
examples of each of these statistical applications.
L. Appendices
Iowa is adding two new appendices: Appendix 8--Recommended Wildlife
& Recreational Planting Species in Iowa; and Appendix 9--Critical
Values of t. Both these Appendices are referenced in Iowa's
Revegetation Success Standards and Statistically Valid Sampling
Techniques document.
M. Editorial-type Errors
Finally, Iowa is making minor wording changes and revising various
cross-references and paragraph notations to reflect organizational
changes resulting from this amendment.
III. Public Comment Procedures
We are reopening the comment period on the proposed amendment to
provide you an opportunity to reconsider the adequacy of the amendment
in light of the additional materials sent to us. Under the provisions
of 30 CFR 732.17(h), we are requesting comments on whether the
amendment satisfies the program approval criteria of 30 CFR 732.15. If
we approve the amendment, it will become part of the Iowa program.
Written Comments
Our practice is to make comments, including names and home
addresses of respondents, available for public review during regular
business hours. Individual respondents may request that we withhold
their home address from the administrative record, which we will honor
to the extent allowable by law. There also may be circumstances in
which we would withhold from the administrative record a respondent's
identity, as allowable by law. If you wish us to withhold your name
and/or address, you must state this prominently at the beginning of
your comment. However, we will not consider anonymous comments. We will
make all submissions from organizations or businesses, and from
individuals identifying themselves as representatives or officials of
organizations or businesses, available for public inspection in their
entirety.
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.
Please submit Internet comments as an ASCII file avoiding the use
of special characters and any form of encryption. Please also include
``Attn: SPATS No. IA-005-FOR'' and your name and return address in your
Internet message. If you do not receive a confirmation that we have
received your Internet message, contact the Mid-Continent Regional
Coordinating Center at (618) 463-6460.
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 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) 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 915
Intergovernmental relations, Surface mining, Underground mining.
Dated: September 30, 1999.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 99-26357 Filed 10-7-99; 8:45 am]
BILLING CODE 4310-05-P