[Federal Register Volume 66, Number 185 (Monday, September 24, 2001)]
[Proposed Rules]
[Pages 48841-48845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23732]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 915

[SPATS No. IA-012-FOR]


Iowa 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 a proposed amendment to the Iowa regulatory 
program (Iowa program) under the Surface Mining Control and Reclamation 
Act of 1977 (SMCRA or the Act). Iowa proposes revisions to its April 
1999 revegetation success guidelines concerning normal husbandry 
practices; minimum planting arrangements and tree and shrub stocking 
requirements for recreational, wildlife, and forested lands; and 
criteria for dry weight determinations for corn, soybean, oat, and 
wheat crops. Iowa intends to revise its program to be consistent with 
the corresponding Federal regulations.
    This document gives the times and locations that the Iowa program 
and the proposed amendment to that program are available for public 
inspection, the comment period during which you may submit written 
comments on the amendment, and the procedures that we will follow for 
the public hearing, if one is requested.

DATES: We will accept written comments until 4 p.m., c.d.t., October 
24, 2001. If requested, we will hold a public hearing on the amendment 
on October 19, 2001. We will accept

[[Page 48842]]

requests to speak at the hearing until 4 p.m., c.d.t. on October 9, 
2001.

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

    Section 503(a) of the Act permits a State to assume primacy for the 
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that 
its program includes, among other things, ``* * * a State law which 
provides for the regulation of surface coal mining and reclamation 
operations in accordance with the requirements of the Act * * *; and 
rules and regulations consistent with regulations issued by the 
Secretary pursuant to the Act.'' See 30 U.S.C. 1253(a)(1) and (7). On 
the basis of this criteria, the Secretary of the Interior conditionally 
approved the Iowa program on January 21, 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. Description of the Proposed Amendment

    By letter dated August 17, 2001 (Administrative Record No. IA-446), 
Iowa sent us an amendment to its program under SMCRA and the Federal 
regulations at 30 CFR 732.17(b). Iowa sent the amendment in response to 
required program amendments at 30 CFR 915.16(b), (d), and (e). Iowa is 
proposing changes to its April 1999 revegetation success guidelines, 
entitled ``Revegetation Success Standards and Statistically Valid 
Sampling Techniques.'' Below is a summary of the changes proposed by 
Iowa. The full text of the Iowa program amendment is available for 
public inspection at the locations listed above under ADDRESSES.

A. Normal Husbandry Practices

    Section III, Part H of Iowa's April 1999 revegetation success 
guidelines describes normal husbandry practices that can be used by the 
permittee in the repair of rills and gullies without restarting the 
responsibility period. It includes requirements for terrace repair and 
maintenance; riprap repair and maintenance; land smoothing and 
reseeding; and liming, fertilizing and interseeding. In our final rule 
dated November 26, 1999, we did not approve Section III, Part H because 
Iowa did not submit documentation that demonstrated that the proposed 
normal husbandry practices were the usual or expected state, form, 
amount, or degree of management performed habitually or customarily to 
prevent exploitation, destruction, or neglect of the resources on 
similar unmined lands in the State (64 FR 66388-66389). We required 
Iowa to either remove its guidelines for normal husbandry practices at 
Section III, Part H or submit documentation that support the proposed 
normal husbandry practices. We codified this requirement at 30 CFR 
915.16(b).
    In response to the required program amendment at 30 CFR 915.16(b), 
Iowa proposed changes to Section III, Part H of its April 1999 
revegetation success guidelines and included documentation for support 
of the proposed normal husbandry practices. The documentation included 
copies of four publications: (1) Iowa Natural Resources Conservation 
Service (NRCS) Conservation Practice Standard 466, Land Smoothing; (2) 
Iowa NRCS Conservation Practice Standard 590, Nutrient Management; (3) 
Iowa NRCS Conservation Practice Standard 600, Terraces; and (4) Iowa 
State University Extension Service Publication Pm-1097, Interseeding 
and No-till Pasture Renovation.
    Iowa is proposing the following substantive changes to Section III, 
Part H:
    1. Iowa is revising Section III, Part H, Step 1 concerning terrace 
repair and maintenance by removing Item (e). Item (e) allows the 
extension of a terrace to intercept additional drainage area when the 
extension is no greater than 25 percent of the original terrace length. 
Items (f) and (g) were relettered as (e) and (f), respectively.
    2. Iowa is revising Section III, Part H, Step 2 concerning riprap 
repair and maintenance by removing Item (b). Item (b) allows the 
extension of an undersized ditch when the extension is no more than a 
25 percent increase in the length of the ditch. Items (c) and (d) were 
relettered as (b) and (c), respectively.
    3. Iowa is revising Section III, Part H, Step 4(a) concerning lime 
applications. The revised provision reads as follows:


    (a) Lime Applications: Lime applications may be made based on 
soil test recommendations for the appropriate crop or vegetation. 
These maintenance applications should follow the guidelines of 
Natural Resources Conservation Service Conservation Practice 
Standard, Nutrient Management (Acre), Code 590. Prior to any lime 
applications the Permittee shall be required to submit, to the 
Division, the original copies of the soil test recommendations and a 
map of the permit area indicating where each soil sample was taken. 
Under no circumstances will lime applications greater than the soil 
test recommendations for that crop or vegetative cover be permitted. 
If subsequent submittals of lime weight tickets show any lime 
applications in a significant excess of the soil test 
recommendations, it shall be grounds for the Division to restart the 
responsibility period.

    4. Iowa is revising Section III, Part H, Step 4(b) concerning 
fertilizer applications. The revised provision reads as follows:


    (b) Fertilizer Applications: Fertilizer applications may be made 
based on soil test recommendations for the appropriate crop or 
vegetation. These maintenance applications should follow the 
guidelines of Natural Resources Conservation Service Conservation 
Practice Standard, Nutrient Management (Acre), Code 590. Prior to 
any fertilizer applications the Permittee shall be required to 
submit, to the Division, the original copies of the soil test 
recommendations and a map of the permit area indicating where each 
soil sample was taken. Under no circumstances will the fertilizer 
applications be greater than the soil test recommendations for that 
crop (at a realistic median crop yield) or vegetative cover be 
permitted. If subsequent submittals of fertilizer weight tickets 
prove that any fertilizer applications were in significant excess of 
the soil test recommendations, that shall be grounds for the 
Division to restart the responsibility period.

    5. Iowa is revising the introductory paragraph of Section III, Part 
H, Step 4(c) concerning interseeding by adding the following sentence 
to the end of the paragraph:


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    Any species to be interseeded must be approved by the Division 
before the seed is planted.

    6. Iowa is revising Section III, Part H, Step 4(c)(ii) to read as 
follows:


    (ii) Interseeding of a single species in the permit approved 
seeding mixture, or interseeding of a replacement species, that has 
been approved by the Division, to improve the vegetative cover when 
unfavorable weather conditions adversely affect the germination 
success of the original revegetation effort.

    7. Finally Iowa is deleting the existing provisions at Section III, 
Part H, Step 4(c)(iv) and (v).

B. Recreational, Wildlife, and Forested Lands

    Section IV, Part E of Iowa's April 1999 revegetation success 
guidelines contains the revegetation success standards for recreational 
areas, wildlife areas, and forested lands. In our final rule dated 
November 26, 1999, we approved Section IV, Part E with two exceptions 
(64 FR 66388). First, Iowa's guidelines did not contain any planting 
arrangement provisions for these land uses as required by 30 CFR 
816.116(b)(3)(i) and 817.116(b)(3)(i). Second, Iowa did not submit any 
documentation to prove that the State agencies responsible for the 
administration of forestry and wildlife programs approved its minimum 
stocking provisions as required by 30 CFR 816.116(b)(3)(i) and 
817.116(b)(3)(i). We required Iowa to either add planting arrangement 
provisions for recreational, wildlife, and forested land to its 
guidelines and obtain program-wide concurrence from the State agencies 
responsible for the administration of forestry and wildlife programs or 
add a provision to its guidelines that requires permit-specific 
concurrence for planting arrangements from the State agencies 
responsible for the administration of forestry and wildlife programs. 
We also required Iowa to either obtain program-wide concurrence for its 
minimum stocking provisions or add a provision to its guidelines that 
requires permit-specific concurrence for minimum stocking from the 
State agencies responsible for the administration of forestry and 
wildlife programs. We codified these requirements at 30 CFR 
915.16(d)(1) and (2).
    Iowa is proposing the following changes to Section IV, Part E to 
address our required program amendments at 30 CFR 915.16(d)(1) and (2).
    1. Iowa is adding the following new provision to the beginning of 
the second paragraph of Section IV, Part E:

    The wildlife and recreational lands have site specific 
vegetation. Each permit with these types of post-mining land use 
have been approved by the Division in concurrence with the Iowa 
Department of Natural Resources.

    2. Iowa is adding the following new provision to Section IV, Part 
E, Step 2:

    2. Tree and Shrub Stocking Requirements: The tree and shrub 
planting shall be spaced such that there are a minimum of five 
hundred (500) seedlings per acre. Acceptable tree and shrub spacing, 
which will meet or exceed the minimum number of seedlings per acre, 
are listed below. Narrower spacing is used for timber production. 
Wider spacing and planting in groups or clumps is used for wildlife 
and recreational tree and shrub plantings. These group or clump 
plantings should consist of a minimum of five (5) or more trees, and 
fifteen (15) or more shrubs per group.


                   Tree and Shrub Spacing for Planting
------------------------------------------------------------------------
                                                              Number of
                      Spacing in feet                         seedlings
                                                               per acre
------------------------------------------------------------------------
5 x 5......................................................        1,742
5 x 10.....................................................          871
6 x 6......................................................        1,210
6 x 10.....................................................          726
7 x 7......................................................          889
7 x 10.....................................................          622
8 x 8......................................................          681
8 x 10.....................................................          545
------------------------------------------------------------------------

    3. The existing provisions in Section IV, Part E, Step 2 were 
renumbered to Step 3.

C. Corn, Soybean, Oat, and Wheat Crops

    Section V of Iowa's April 1999 revegetation success guidelines 
contains sampling procedures and techniques to determine productivity 
for corn, soybeans, oats, wheat, and forage crops; to determine ground 
cover percentage; and to determine if trees and shrubs meet minimum 
density standards. In our final rule dated November 26, 1999, we 
approved Section V of Iowa's April 1999 revegetation success guidelines 
with one exception (64 FR 66388). We did not fully approve Section V, 
Part A, Item 2, which contains the grain sampling techniques for test 
plot harvesting, because it did not specify how the permittee is to 
obtain the dry weight of the test plot grain samples. The dry weight is 
used in a calculation to determine the moisture percentage for each 
test plot sample. We required Iowa to revise its April 1999 
revegetation success guidelines at Section V, Part A, Step 2 by adding 
a provision that specifies the standard method that permittees are to 
use for obtaining the dry weight of test plot grain samples. We 
codified this requirement at 30 CFR 915.16(e).
    In response to the required amendment at 30 CFR 915.16(e), Iowa is 
adding the following new provision to the beginning of Step 2(l):


    (l) The grain samples collected and labeled in Step 2.g. above 
must be oven dried until a constant dry weight is obtained. Weighing 
will be performed immediately after oven drying to avoid absorption 
of water from humid air. This dry weight will equal zero percent 
(0%) moisture. All samples will be adjusted to the appropriate 
percent moisture for that grain.

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are seeking 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 Iowa program.
    Written Comments: If you submit written or electronic comments on 
the proposed rule during the 30-day comment period, they should be 
specific, should be confined to issues pertinent to the notice, and 
should explain the reason for your recommendation(s). We may not be 
able to consider or include in the Administrative Record comments 
delivered to an address other than the one listed above (see 
ADDRESSES).
    Electronic Comments: Please submit Internet comments as an ASCII, 
WordPerfect, or Word file avoiding the use of special characters and 
any form of encryption. Please also include ``Attn: SPATS NO. IA-012-
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.
    Availability of Comments: Our practice is to make comments, 
including names and home addresses of respondents, available for public 
review during regular business hours at OSM's Mid-Continent Regional 
Coordinating Center (see ADDRESSES). 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

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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.
    Public Hearing: If you wish to speak at the public hearing, contact 
the person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., 
c.d.t. on October 9, 2001. We will arrange the location and time of the 
hearing with those persons requesting the hearing. If no one requests 
an opportunity to speak at the public hearing, the hearing will not be 
held.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at a public hearing 
provide us with a written copy of his or her testimony. 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.
    If you are disabled and need a special accommodation to attend a 
public hearing, contact the person listed under FOR FURTHER INFORMATION 
CONTACT.
    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 proposed amendment, 
you may 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 will also make a written summary of each 
meeting a part of the Administrative Record.

IV. Procedural Determinations

Executive Order 12866--Regulatory Planning and Review

    This rule is exempted from review by the Office of Management and 
Budget under Executive Order 12866.

Executive Order 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis performed for the counterpart Federal 
regulations.

Executive Order 13132--Federalism

    This rule does not have federalism implications. SMCRA delineates 
the roles of the Federal and State governments with regard to the 
regulation of surface coal mining and reclamation operations. One of 
the purposes of SMCRA is to ``establish a nationwide program to protect 
society and the environment from the adverse effects of surface coal 
mining operations.'' Section 503(a)(1) of SMCRA requires that State 
laws regulating surface coal mining and reclamation operations be ``in 
accordance with'' the requirements of SMCRA, and section 503(a)(7) 
requires that State programs contain rules and regulations ``consistent 
with'' regulations issued by the Secretary under SMCRA.

Executive Order 12988--Civil Justice Reform

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

Executive Order 13211--Regulations That Significantly Affect The 
Supply, Distribution, or Use of Energy

    On May 18, 2001, the President issued Executive Order 13211 which 
requires agencies to prepare a Statement of Energy Effects for a rule 
that is (1) considered significant under Executive Order 12866 and (2) 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Because this rule is exempt from review 
under Executive Order 12866 and is not expected to have a significant 
adverse effect on the supply, distribution, or use of energy, a 
Statement of Energy Effects is not required.

National Environmental Policy Act

    Section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that a 
decision on a proposed State regulatory program provision does not 
constitute a major Federal action within the meaning of section 
102(2)(C) of the National Environmental Policy Act (NEPA) (42 U.S.C. 
4332(2)(C)). A determination has been made that such decisions are 
categorically excluded from the NEPA process (516 DM 8.4.A).

Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by the Office of Management and Budget 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.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    a. Does not have an annual effect on the economy of $100 million.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, federal, state, or local government 
agencies, or geographic regions.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S. based enterprises to compete with foreign-based enterprises.
    This determination is based upon the fact that the State submittal 
which is the subject of this rule is based upon counterpart Federal 
regulations for which an analysis was prepared and a determination made 
that the Federal regulation was not considered a major rule.

Unfunded Mandates

    This rule will not impose a cost of $100 million or more in any 
given year

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on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 915

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: August 30, 2001.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 01-23732 Filed 9-21-01; 8:45 am]
BILLING CODE 4310-05-P