[Federal Register Volume 60, Number 12 (Thursday, January 19, 1995)]
[Proposed Rules]
[Pages 3790-3791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1221]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 934


North Dakota Regulatory Program

ACTION: Proposed rule; reopening and extension of public comment period 
on proposed amendment.

-----------------------------------------------------------------------

SUMMARY: OSM is announcing receipt of revisions and additional 
explanatory information pertaining to a previously 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 revisions and additional explanatory information pertain 
to North Dakota's ``Standards for Evaluation of Revegetation Success 
and Recommended Procedures for Pre- and Postmining Vegetation 
Assessments.'' The amendment is intended to revise this document to be 
consistent with the Federal regulations and to improve operational 
efficiency.

DATES: Written comments must be received by 4:00 p.m., m.s.t., February 
3, 1995.

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, Room 2128, Casper, WY 
82601-1918, Telephone: (307) 261-5776.
Edward J. Englerth, Director, Reclamation Division, North Dakota Public 
Service Commission, Capitol Building, Bismarck, ND 58505-0165, 
Telephone: (701) 224-4092.

FOR FURTHER INFORMATION CONTACT:
Guy Padgett, Telephone: (307) 261-5776.

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 the conditions of approval of the North 
Dakota program can be 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 934.12, 934.13, 934.15, 
934.16, and 934.30.

II. Proposed Amendment

    By letter dated February 17, 1994, North Dakota submitted a 
proposed amendment to its program pursuant to SMCRA (administrative 
record No. ND-U-01). North Dakota submitted the proposed revisions to 
its ``Standards for Evaluation of Revegetation Success and Recommended 
Procedures for Pre- and Postmining Vegetation Assessments'' 
(hereinafter, the ``revegetation success document'') in response to 
required program amendments at 30 CFR 934.16 (b) through (i), (w), and 
(x), and at its own initiative.
    OSM announced receipt of the proposed amendment in the March 14, 
1994, Federal Register (49 FR 11744), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on its adequacy (administrative record No. ND-U-05). 
Because no one requested a public hearing or meeting, none was held. 
The public comment period ended on April 13, 1994.
    During its review of the amendment, OSM identified concerns 
relating to (1) Revegetation success standards for recreation, 
residential, or industrial and commercial postmining land uses; (2) 
revegetation success standards for prime farmlands; (3) use of sampling 
procedures not included in an approved State program; (4) revegetation 
success standards for tame pastureland; (5) consultation with the 
appropriate State agencies for stocking and planting arrangements for 
woodland and shelterbelt postmining land uses; (6) revegetation success 
standards for non-replacement shelterbelt postmining land use; (7) 
designation of fish and wildlife habitat and the premining assessment 
for fish and wildlife habitat; (8) revegetation success standards for 
wetlands and annual grain crops used for fish and wildlife habitat; (9) 
the establishment of a maximum sample 

[[Page 3791]]
size when determining sample adequacy; (10) sampling techniques for 
measuring woody plant density; (11) the use of representative strips to 
measure soil productivity on prime farmlands; (12) inter-seeding as a 
normal husbandry practice; (13) random sampling of clipped forage 
samples; and (14) t-test statistical calculations.
    OSM notified North Dakota of the concerns by letter dated September 
9, 1994 (administrative record No. ND-U-10). North Dakota responded in 
a letter dated December 21, 1994, by submitting a revised amendment and 
additional explanatory information (administrative record No. ND-U-14) 
that addressed the concerns identified by OSM.
    Specifically, North Dakota (1) Proposes a requirement for 
vegetative ground cover sufficient to control erosion for recreation, 
residential, or industrial and commercial postmining land uses; (2) 
provides Natural Resources Conservation Service (formerly the Soil 
Conservation Service) concurrence with the sampling techniques used to 
demonstrate revegetation success on reclaimed prime farmlands; (3) 
proposes to indicate that the use of any alternative sampling 
techniques must be approved by OSM as well as by North Dakota; (4) 
provides additional explanatory information concerning the 
demonstration of productivity on tame pastureland; (5) provides 
additional explanatory information concerning consultation and approval 
from the State Game and Fish Department and State Forester for woodland 
and shelterbelt stocking and planting arrangements; (6) proposes to 
delete the revegetation success standards for non-replacement 
shelterbelts; (7) proposes to clarify the requirements for a premining 
land use assessment when an area is primarily used by wildlife; (8) 
proposes to require (a) that the fourth-stage bond release standard for 
annual grain crops must be met for the last two consecutive years of 
the liability period and (b) the approved standard for wetlands must be 
met at the time of final bond release; (9) provides additional 
explanatory information concerning the establishment of a maximum 
sample size; (10) proposes to require that woody plant density must be 
determined using methods that are statistically valid with a 90 percent 
confidence level; (11) provides additional explanatory information 
concerning the use of representative strips to measure soil 
productivity on prime farmlands; (12) provides additional explanatory 
information concerning the use of inter-seeding as a normal husbandry 
practice; (13) proposes to disallow the use of random samples to 
determine moisture content of all samples; (14) proposes an additional 
statistical formula for use in t-tests; and (15) proposes correction of 
typographical errors.

III. Public Comment Procedures

    OSM is reopening the comment period on the proposed North Dakota 
program amendment to provide the public an opportunity to reconsider 
the adequacy of the proposed amendment in light of the additional 
materials submitted. 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.
    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.

IV. Procedural Determinations

I. 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 12778

    The Department of the Interior has conducted the reviews required 
by section 2 of Executive Order 12778 (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 12550) 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 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 of 1969 (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 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.

V. List of Subjects in 30 CFR Part 934

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: January 10, 1995.
Charles E. Sandberg,
Acting Assistant Director, Western Support Center.
[FR Doc. 95-1221 Filed 1-18-95; 8:45 am]
BILLING CODE 4310-05-M