[Federal Register Volume 63, Number 89 (Friday, May 8, 1998)]
[Proposed Rules]
[Pages 25428-25430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12248]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 934

[SPATS No. ND-037-FOR, Amendment No. XXVI]


North Dakota Regulatory Program

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

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

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is announcing receipt of a 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 
proposed amendment consists of proposed changes to North Dakota's 
revegetation policy document, ``Standards for Evaluation of 
Revegetation Success and Recommended Procedures for Pre- and Postmining 
Vegetation Assessments.''
    The changes pertain to (1) prime farmland woodland productivity 
standards, (2) woodland cover standards, (3) wetland standards, (4) 
woodland and shelterbelt standards for recreational lands, and (5) 
methods for sampling woodland cover. The amendment is intended to 
revise the North Dakota program to be consistent with SMCRA and the 
Federal regulations, and to improve operational efficiency.

DATES: Written comments must be received by 4:00 p.m., m.d.t., June 8, 
1998. If requested, a public hearing on the proposed amendment will be 
held on June 2, 1998. Requests to present oral testimony at the hearing 
must be received by 4:00 p.m., m.d.t. on May 26, 1998.

ADDRESSES: Written comments should be mailed or hand delivered to Guy 
Padgett 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, Telephone: 307/261-6550
James R. Deutsch, Director, Reclamation Division, Public Service 
Commission, 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: GPadgettOSMRE.GOV

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

[[Page 25429]]

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 April 8, 1998, North Dakota submitted a proposed 
amendment (amendment number XXVI, administrative record No. ND-AA-05) 
(30 U.S.C. 1201 et seq.) North Dakota submitted the proposed amendment 
in response to the required program amendments at 30 CFR 934.16(aa) and 
(bb), and on its own initiative. The amendment consists of changes to 
North Dakota's revegetation success standards policy document. The rule 
changes included in this amendment pertain to: (1) prime farmland 
productivity standards, (2) woodland cover standards, (3) wetlands 
standards, (4) recreational land use standards, and (5) methods for 
sampling woodland cover.
    Specifically, North Dakota proposes to modify prime farmland 
provisions to require that yield measurements to be taken from 
reclaimed prime farmlands and productivity standards be met for at 
least 3 years before third stage (vegetation establishment) bond 
release can be granted. Changes are proposed to the woodland section to 
allow canopy and litter from woody plants to be included as part of 
total ground cover required for fourth-stage (final) bond release on 
reclaimed woodlands. Changes of the wetlands section of the 
revegetation document are proposed to allow more discretion in sampling 
prime wetlands and to reduce data requirements for reclaimed wetlands 
at the same time of final bond release. Changes to the other land uses 
section are proposed to require that applicable woodland shelterbelt 
standard be met for fourth stage bond release when woody planting are 
part of recreation land uses. Changes to the measurements section of 
the revegetation document are proposed to allow additional methods (the 
Daubermire frame and intercept line method) for sampling cover in 
woodlands.

III. Public Comment Procedures

    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.

1. Written Comments

    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.

2. Public Hearing

    Persons wishing to testify at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., 
m.d.t., on May 26, 1998. Any disabled individual who has need for a 
special accommodation to attend a public hearing should contact the 
individual listed under FOR FURTHER INFORMATION CONTACT. The location 
and time of the hearing will be arranged with those persons requesting 
the hearing. If no one requests an opportunity to testify at the public 
hearing, the hearing will not be held.
    Filing of a written statement at the time of the hearing is 
requested as it will greatly assist the transcriber. Submission of 
written statements in advance of the hearing will allow OSM officials 
to prepare adequate responses and appropriate questions.
    The public hearing will continue on the specific date until all 
persons scheduled to testify have been heard. Persons in the audience 
who have not been scheduled to testify, and who wish to do so, will be 
heard following those who have been scheduled. The hearing will end 
after all persons scheduled to testify and persons present in the 
audience who wish to testify have been heard.

3. Public Meeting

    If only one person requests an opportunity to testify at a hearing, 
a public meeting, rather than a public hearing, may be held. Persons 
wishing to meet with OSM representatives to discuss the proposed 
amendment may request a meeting by contacting the person listed under 
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the 
public and, if possible, notices of meetings will be posted at the 
locations listed under ADDRESSES. A written summary of each meeting 
will be made a part of 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

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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 Subjects in 30 CFR Part 934

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: April 29, 1998.
Russell F. Price,
Acting Regional Director, Western Regional Coordinating Center.
[FR Doc. 98-12248 Filed 5-7-98; 8:45 am]
BILLING CODE 4310-05-M