Lands Eligible for Remining; Proposed Rule DEPARTMENT OF THE INTERIOR

SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)

proposes to amend its existing regulations in light of recently enacted

changes to Title V of the Surface Mining Control and Reclamation Act of

1977 (SMCRA), as amended by the Energy Policy Act of 1992. The proposed

rules are intended to provide incentives for the remining and

reclamation of lands eligible for expenditures under section 402(g)(4)

or 404 of SMCRA.

DATES: Written comments: OSM will accept written comments on the

proposed rule until 5 p.m., Eastern time, on August 1, 1994.

Public hearings: Upon request, OSM will hold public hearings on the

proposed rule in Washington, DC; and in the States of California,

Georgia, Idaho, Massachusetts, Michigan, North Carolina, Oregon, Rhode

Island, South Dakota, Tennessee, and Washington at times and on dates

and locations to be announced in the Federal Register prior to the

hearings. OSM will accept requests for public hearings until 5 p.m.,

Eastern time, on June 23, 1994. Individuals wishing to attend, but not

testify, at any hearing should contact the person identified under FOR

FURTHER INFORMATION CONTACT before the hearing date to verify that the

hearing will be held.

ADDRESSES: Written comments: Hand-deliver to the Office of Surface

Mining Reclamation and Enforcement, Administrative Record, room 660,

800 North Capitol Street, Washington, DC; or mail to the Office of

Surface Mining Reclamation and Enforcement, Administrative Record, room

660 NC, 1951 Constitution Avenue, NW., Washington, DC 20240.

Public hearings: The addresses and times for any hearings held will

be announced prior to the hearings.

Requests for public hearings: Submit requests orally or in writing

to the person and address specified under FOR FURTHER INFORMATION

CONTACT.

FOR FURTHER INFORMATION CONTACT: Douglas J. Growitz, P.G., Office of

Surface Mining Reclamation and Enforcement, room 640 NC, 1951

Constitution Avenue, NW, Washington, DC 20240; Telephone: 202-343-1507.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

II. Background

III. Discussion of Proposed Rule

IV. Procedural Matters

I. Public Comment Procedures

Written Comments: Written comments submitted on the proposed rule

should be specific, should be confined to issues pertinent to the

proposed rule, and should explain the reason for any recommended

change. Where practicable, commenters should submit three copies of

their comments. Comments received after the close of the comment period

(see DATES) or delivered to an address other than those listed above

(see ADDRESSES), may not be considered or included in the

Administrative Record for the final rule.

Public hearings: OSM will hold a public hearing on the proposed

rule on request only. The time, date, and address for any hearing will

be announced in the Federal Register at least 7 days prior to the

hearing.

Any person interested in participating at a hearing at a particular

location should inform Mr. Growitz (see FOR FURTHER INFORMATION

CONTACT), either orally or in writing, of the desired hearing location

by 5 p.m., Eastern time, on June 23, 1994. If no one has contacted Mr.

Growitz to express an interest in participating in a hearing at a given

location by that date, a hearing will not be held. If only one person

expresses an interest, a public meeting rather than a hearing may be

held and the results included in the Administrative Record.

If a hearing is held, it will continue until all persons wishing to

testify have been heard. The hearing will be transcribed. To assist the

transcriber and ensure an accurate record, OSM requests that each

person who testifies at a hearing provide the transcriber with a

written copy of his or her testimony. To assist OSM in preparing

appropriate questions, OSM also requests, if possible, that each person

who plans to testify submit to OSM at the address previously specified

for the submission of written comments (see ADDRESSES) an advance copy

of his or her testimony.

II. Background

The House of Representatives Report from the Committee on Interior

and Insular Affairs on the Comprehensive National Energy Policy Act of

1992 (H.R. Rep. 474, 102 Cong., 2d Session at 85 (1992)) contains the

following statements: ``The [coal remining] provisions of this section

seek to make coal available that otherwise would be bypassed by

providing incentives for industry to extract and reprocess, in an

environmentally sound manner, coal that remains in abandoned mine lands

and refuse piles. Current law reclamation performance standards were

devised to address surface coal mining on undisturbed lands; the

unintended result is to discourage remining. Remining also serves to

mitigate the health, safety, and environmental threats posed to

coalfield residents from abandoned mine lands by augmenting the work

done under the Abandoned Mine Reclamation Program.'' These statements

succinctly characterize a basic and long-standing conflict associated

with remining.

On October 24, 1992, the President signed into law the Energy

Policy Act of 1992, Public Law 102-486, section 2503, Coal Remining,

which, in part, amended Sections 510, 515(b)(20), and 701 of SMCRA in

order to provide the following initiatives to encourage remining in an

environmentally-sound manner: 1. The revegetation success liability

period for certain remining operations has been reduced to five years

in the West and two years in the East; 2. Remined lands shall remain

eligible for Title IV reclamation following bond release; and 3. The

permittee of a remining operation shall not be subject to subsequent

permit blocking under Section 510(c) of SMCRA for any violation

resulting from an unanticipated event or condition occurring on the

remining site. (Section 510(c) is implemented by 30 CFR 773.15.)

III. Discussion of Proposed Rules

A. Introduction

Regarding the above-mentioned remining amendments to SMCRA which

are the subject of this rulemaking, OSM sought input from environmental

groups, industry, and State regulatory authorities concerning the

extent to which new regulations would need to expand or clarify

statutory language in order to effectively implement Congressional

intent. Comments received during this outreach have been considered in

developing this proposal. Other provisions in section 2503 of the

Energy Policy Act prescribe specific regulatory initiatives regarding

the removal or on-site reprocessing of abandoned coal refuse sites.

These initiatives will be implemented under a separate rulemaking.

B. Proposed Rules

1. 30 CFR Part 701--Permanent Regulatory Program

Section 701.5, Definitions, is proposed to be amended by adding two

terms defined in section 2503(c) of the Energy Policy Act. Lands

eligible for remining would be defined as in the Energy Policy Act by

reference to sections 404 and 402(g)(4) of the SMCRA. Thus, the

following sites would be included under this definition: sites that

were mined for coal or affected by mining activities and abandoned or

left in an inadequate reclamation status prior to August 3, 1977, and

for which there is no continuing reclamation responsibility under State

or other Federal laws; coal sites in each State abandoned after August

3, 1977, but before the State received primacy under SMCRA and for

which available bond is insufficient to provide for adequate

reclamation; or coal sites where mining was completed between August 4,

1977, and November 5, 1990, and which remain unreclaimed due to the

insolvency of a surety company occurring during that same period.

Unanticipated event or condition is proposes to be defined

consistent with the definition contained in the Energy Policy Act to

mean an event or condition at an operation on lands eligible for

remining under section 404 or 402(g)(4) of SMCRA that was not

contemplated by the applicable surface coal mining and reclamation

permit.

2. 30 CFR Part 773--Requirements for Permits and Permit Processing

OSM proposes to amend Section 773.15, Review of Permit

Applications, in two ways.

A new proposed subparagraph (c)(13) would require the regulatory

authority to utilize data and analyses provided under existing permit

information rules and proposed Sec. 785.25, discussed in the next

section, in order to find that the proposed permit area contains lands

eligible for remining and to set a threshold beyond which conditions or

events arising subsequent to permit issuance may be presumed to

constitute ``unanticipated events or conditions'' for the purpose of

applying the permit-block exclusion of proposed paragraph (f) of

Sec. 773.15.

The regulatory authority would evaluate the potential environmental

and safety problems and associated analysis provided by the applicant

based on a review of procedures used, supporting data and

documentation, and mitigation plans. After acceptance of the estimates

and findings provided by the applicant, the regulatory authority would

set the threshold. The threshold which will be determined on a case-by-

case basis is therefore set at permit issuance.

OSM believes the information provided by the applicant under

proposed new Sec. 785.25, which contains additional permit requirements

tailored specifically to remining problems, is compatible with the

development of a threshold. Two elements of proposed 785.25 are

considered to be particularly well suited for this purpose: 1. The

permit applicant's estimate of the maximum impacts associated with each

identified potential environmental or safety problem; and 2. the permit

applicant's estimate of the probability of each potential environmental

or safety problem occurring. Furthermore, OSM believes that a threshold

expressed quantitatively in terms of either or both of these two

elements would provide the clearest guidance for operators, be easier

to regulate for the regulatory authorities, and would minimize

subsequent controversy and disputes between the operator and regulatory

authority as to what events or conditions were indeed

``unanticipated''.

OSM is therefore seeking comments on three issues associated with

formulating a threshold: 1. Whether either or both of the two elements

described above, or some combination of the two, would provide an

appropriate base for such formulation; 2. methods by which the base may

be expressed in quantifiable terms; and 3. whether additional guidance

is needed for the regulatory authority in the final rule and what the

nature of that guidance should be.

Proposed paragraph (f) would be added to implement the Energy

Policy Act's section 2503(a) mandate for an exclusion from permit

blocking provisions of 510(c) of SMCRA. The proposed rule would waive

the permit-block provisions of paragraph (b) of Sec. 773.15 in cases

where a violation occurred at a remining site and the violation was

attributed to an unanticipated event or condition. In such cases, the

person holding the remining permit would not be rendered ineligible for

a new permit based on the violation. Statutory authority for the

permit-block exclusion would expire on September 30, 2004.

The scope of the permit-block exclusion of proposed paragraph (f)

derives from the statutory term ``violation resulting from an

unanticipated event or condition at a surface coal mining operation.''

The question has arisen whether the non-payment of delinquent penalties

assessed after a notice of violation or a failure-to-abate cessation

order based on an ``on the ground'' violation resulting from an

unanticipated event or condition should be covered by the Energy Policy

Act exclusion. Such delinquencies, which are violations, would be

covered by the exclusion if they were construed as ``resulting from an

unanticipated event or condition at a surface coal mining operation.''

OSM is seeking comments on the extent to which such violations should

be covered by the exclusion in section 2503(a) of the Energy Policy

Act.

Another question that might arise is whether the operator of a

previously undisturbed site would be subject to permit blocking for an

unabated violation on his site which originated from an unanticipated

event on a nearby or adjacent remining operation. Whether or not an

event or condition on an adjacent site is a violation is a fact

specific inquiry and depends on whether the surface coal mining

operation on the adjacent site caused or contributed to the event or

condition. Therefore, if the operator of the previously undisturbed

site contributed to the event or condition which originated on the

remining site and that operator does not abate the violation, the

operator of the previously undisturbed site would be permit blocked.

The proposed paragraph (f) exemption for permit blocking only relates

to violations occurring on lands eligible for remining.

OSM is seeking comments on any other examples of the interplay

between remining operations and adjacent surface coal mining operations

that may need to be explained in the final rulemaking.

3. 30 CFR Part 785--Requirements for Permits for Special Categories of

Mining

OSM proposes to add new Sec. 785.25, Lands eligible for remining.

(Sections 785.23 and 785.24 are being reserved for a separate

rulemaking.) The permit requirements in proposed section 785.25 for

operations on lands eligible for remining are intended to supplement

information requirements in existing rules as they would apply to

operations on lands eligible for remining. The types of new permit

information being proposed would be required only to the extent that

they are not provided under existing regulations. For example,

provisions related to the determination of probably hydrologic

consequences at Secs. 780.21 and 784.14 of the permanent program

regulations require baseline information on flow and quality of ground

water and surface water and an estimate of the impacts of the proposed

operation on these baseline conditions such as findings on: Whether

adverse impacts may occur to the hydrologic balance; whether acid-

forming or toxic-forming materials are present that could contaminate

surface or ground water supplies; and whether surface or ground water

used for any legitimate purpose in the permit or adjacent area will be

contaminated, diminished or interrupted.

The permit requirements of Secs. 780.21 and 784.14 were intended to

identify and control probable impacts to hydrology from coal removal

associated with the first time disturbance of the land. Hence, they do

not in most cases address the unique environmental or safety problems

and impacts that can arise from the redisturbance of abandoned mine

lands. The proposal would fill in this gap by focusing on the

identification of: Potential environmental and safety problems specific

to lands eligible for remining; maximum impacts that could result and

the probability for the type of problem to occur; and mitigation

measures to meet applicable performance standards. The purpose of these

requirements is to provide the regulatory authority with a sound basis

for setting a threshold beyond which conditions or events arising

subsequent to permit issuance may be presumed to be unanticipated at

the site. Furthermore, these requirements will help to ensure that

potential environmental and safety problems commonly linked to

abandoned mine land sites are not overlooked at the permitting stage

and, thus, inadvertently contribute to the occurrence of unanticipated

events or conditions which might result in more severe environmental or

safety problems from the remining operation than may currently exist at

the site.

Thus, OSM believes it is essential that all reasonable evaluations

be conducted in order to identify the probability for serious

environmental or safety problems to occur. While there are potential

economic and environmental benefits to be gained through remining,

there also exists the potential for significant environmental

degradation and safety problems. For example, if a remining operation

unintentionally caused a sudden discharge of water or blowout from an

adjacent water-filled abandoned mine, significant quantities of acid

mine discharge could be released and create severe ecological harm in

the receiving streams. It is important, therefore, in granting remining

permits that the applicant identify the potential environmental and

safety problems associated with the site, maximum impacts associated

with these problems, and the probability for each type of problem to

occur. These categories of information will assist the regulatory

authority in setting a threshold beyond which conditions or events

arising subsequent to permit issuance may be presumed to constitute

unanticipated events or conditions. In order to provide a permit

applicant for a remining operation some certainty regarding the

potential scope of the 510(c) permit-blocking provision, the applicant

shall be expected to provide all required information related to the

potential environmental and safety problems of the remining site.

OSM recognizes the difficulty of accurately predicting certain

impacts such as acid mine drainage even on the basis of extensive

baseline information. OSM is therefore soliciting comments on other

specific information needed to be provided by the applicant that will

be useful in developing a threshold for unanticipated events.

OSM is also requesting estimates on the number of hours to develop

the information required by Sec. 785.25 and is seeking suggestions on

efficient and effective ways to develop this information and present it

in the permit application.

4. 30 CFR Part 816--Permanent Program Performance Standards--Surface

Mining Activities

OSM is proposing to amend subparagraphs (c)(2) and (c)(3) of

section 816.116, Revegetation: Standards for Success. The change at

(c)(2) would reduce the period of applicant responsibility for

revegetation success at sites eligible for remining from five to two

years in areas of more than 26.0 inches of average annual precipitation

and for these sites provide that vegetative parameters for grazing

land, pasture land, or cropland shall equal or exceed the approved

success standard during the growing season of any two years of the

responsibility period. The change at (c)(3) would reduce the applicant

responsibility for revegetation success from ten to five years in areas

of 26.0 inches or less of annual average precipitation. The authority

for these changes would expire on September 30, 2004.

5. 30 CFR Part 817--Permanent Program Performance Standards--

Underground Mining Activities

OSM is proposing to amend subparagraphs (c)(2) and (c)(3) of

Sec. 817.116, Revegetation: Standards for Success. The change at (c)(2)

would reduce the period of applicant responsibility for revegetation

success from five to two years in areas of more than 26.0 inches of

average annual precipitation, and the change at (c)(3) would reduce the

applicant responsibility for revegetation success from ten to five

years in areas of 26.0 inches or less of annual average precipitation.

The authority for these changes would expire on September 30, 2004.

IV. Procedural Matters

Federal Paperwork Reduction Act

The collections of information contained in this rule have been

submitted to the Office of Management and Budget for approval as

required by 44 U.S.C. 3501 et seq. The collection of this information

will not be required until it has been approved by the Office of

Management and Budget.

Public reporting burden for this collection of information is

estimated to average 80 hours per response, including the time for

reviewing instructions, searching existing data sources, gathering and

maintaining the data needed, and completing and reviewing the

collection of information. Send comments regarding this burden estimate

or any other collection of information, including suggestions for

reducing the burden, to the Office of Surface Mining Reclamation and

Enforcement, Information Collection Clearance Officer, room 640 NC,

1951 Constitution Ave., Washington, DC 20240; and the Office of

Management and Budget, Paperwork Reduction Project (1029-0040 and 1029-

0041), Washington, DC 20503.

Executive Order 12778; Civil Justice Reform Certification

This proposed rule has been reviewed under the applicable standards

of section 2(b)(2) of Executive Order 12778, Civil Justice Reform (56

FR 55195). In general, the requirements of section 2(b)(2) of Executive

Order 12778 are covered by the preamble discussion of this proposed

rule. Additional remarks follow concerning individual elements of the

Executive Order:

A. What is the preemptive effect, if any, to be given to the

regulation?

To retain primacy, States have to adopt and apply standards for

their regulatory programs that are no less effective than those set

forth in OSM's regulations. Any State law that is inconsistent with or

that would preclude implementation of the proposed regulation would be

subject to preemption under section 505 of SMCRA and its implementing

regulations at 30 CFR 730.11.

Section 505(b) of that act provides that any provision of State law

which provides for more stringent land use and environmental controls

and regulation of surface coal mining and reclamation operations than

do the provisions of SMCRA or any regulations issued pursuant thereto

shall not be construed to be inconsistent with SMCRA. Therefore, to the

extent that the proposed regulation would provide less stringent land

use and environmental controls than presently contained in State law,

the proposed regulation would not preempt the State provisions and

would not necessitate changes to approved State programs. A more

definitive answer to this question will depend on the provisions of any

final rule adopted in this rulemaking.

B. What is the effect on existing Federal law or regulation, if

any, including all provisions repealed or modified?

This proposed rule modifies the implementation of SMCRA, as

described herein, and is not intended to modify the implementation of

any other Federal statute. The preceding discussion of this proposed

rule specifies the Federal regulatory provisions that are affected by

this proposed revision.

C. Does the rule provide a clear and certain legal standard for

affected conduct rather than a general standard, while promoting

simplification and burden reduction?

The standards established by this rule are as clear and certain as

practicable, given the complexity of the topics covered and the

mandates of SMCRA. The purpose of this proposed rule is to establish

clear and certain standards in order to implement a more effective

program.

D. What is the retroactive effect, if any, to be given to the

regulation?

This rule is not intended to have retroactive effect.

E. Are administrative proceedings required before parties may file

suit in court? Which proceedings apply? Is the exhaustion of

administrative remedies required?

No administrative proceedings are required before parties may file

suit in court challenging the provisions of this proposed rule under

section 526(a) of SMCRA, 30 U.S.C. 1276(a).

Prior to any judicial challenge to the application of the rule,

however, administrative procedures must be exhausted. In situations

involving OSM application of the rule, applicable administrative

procedures may be found at 43 CFR part 4. In situations involving State

regulatory authority application of provisions equivalent to those

contained in this proposed rule, applicable administrative procedures

are set forth in the particular State program.

F. Does the rule define key terms, either explicitly or by

reference to other regulations or statutes that explicitly define those

items?

Terms which are important to the understanding of this proposed

rule are set forth in 30 CFR 700.5, 701.5, 773.15 and 785.23. New

definitions are located in section 701.5.

G. Does the rule address other important issues affecting clarity

and general draftsmanship of regulations set forth by the Attorney

General, with the concurrence of the Director of the Office of

Management and Budget, that are determined to be in accordance with the

purposes of the Executive Order?

The Attorney General and the Director of the Office Management and

Budget have not issued any guidance on this requirement.

Executive Order 12866

This proposed rule has been reviewed under Executive Order 12866.

Regulatory Flexibility Act

The Department of the Interior has determined, pursuant to the

Regulatory Flexibility Act, 5 U.S.C. 601 et, seq., that the proposed

rule will not have a significant economic impact on a substantial

number of small entities. This determination is based on the findings

that the regulatory additions is the rule will not change costs to

industry or to the Federal, State, or local governments. Furthermore,

the rule produces no adverse effects on competition, employment,

investment, productivity, innovation, or the ability of the United

States enterprises to compete with foreign-based enterprises in

domestic or export markets.

National Environmental Policy Act

OSM has prepared a draft environmental assessment (EA) of this

proposed rule and has made a tentative finding that it would not

significantly affect the quality of the human environment under section

102(2)(C) of the National Environmental Policy Act of 1969 (NEPA), 42

U.S.C. 4332(2)(C). It is anticipated that a finding of no significant

impact (FONSI) will be made for the final rule in accordance with OSM

procedures under NEPA. The EA is on file in the OSM Administrative

Record at the address specified previously (see ADDRESSES). The EA will

be completed and a finding made on the significance of any resulting

impacts prior to promulgation of the final rule.

Author

The principal author of this proposed rule is: Douglas J. Growitz,

P.G., Hydrologist, Branch of Research and Technical Standards, Office

of Surface Mining Reclamation and Enforcement, room 640 NC, 1951

Constitution Avenue, NW., Washington, DC 20240, Telephone: 202-343-

1507.

List of Subjects

30 CFR Part 701

Law enforcement, Surface mining, Underground mining.

30 CFR Part 773

Reporting and recordkeeping requirements, Administrative practice

and procedure, Surface mining, Underground mining.

30 CFR Part 785

Reporting and recordkeeping requirements, Surface mining,

Underground mining.

30 CFR Part 816

Environmental protection, Reporting and recordkeeping requirements,

Surface mining.

30 CFR Part 817

Environmental protection, Reporting and recordkeeping requirements,

Underground mining.

Dated: May 11, 1994.

Nancy Keir Hayes,

Acting Assistant Secretary, Land and Minerals Management.

Accordingly, OSM proposes to amend 30 CFR parts 701, 773, 785, 816

and 817 as set forth below:

PART 701--PERMANENT REGULATORY PROGRAM

1. The authority citation for part 701 is revised to read as

follows:

Authority: 30 U.S.C. 1201 et seq., as amended; Pub. L. 100-34;

and Pub. L. 102-486.

2. Section 701.5 is amended by adding alphabetically definitions of

``lands eligible for remining'' and ``unanticipated event or

condition'' as follows:

Sec. 701.5 Definitions.

* * * * *

Lands eligible for remining means those lands that would otherwise

be eligible for expenditures under section 404 or under section

402(g)(4) of the Act.

* * * * *

Unanticipated event or condition as used in Secs. 773.15 and 785.25

of this chapter means an event or condition at a surface coal mining

operation on lands eligible for remining that was not contemplated by

the applicable permit to conduct surface coal mining operations.

* * * * *

PART 773--REQUIREMENTS FOR PERMITS AND PERMIT PROCESSING

3. The authority citation for part 773 is revised to read as

follows:

Authority: 30 U.S.C. 1201 et seq., as amended; Pub. L. 100-34;

16 U.S.C. 470 et seq.; 16 U.S.C. 1531 et seq.; 16 U.S.C. 661 et

seq.; 16 U.S.C. 703 et seq.; 16 U.S.C. 668a; 16 U.S.C. 469 et seq.;

16 U.S.C. 470aa et seq.; and Pub. L. 102-486.

4. Section 773.15 is amended by adding new paragraphs (c)(13) and

(f) to read as follows:

Sec. 773.15 Review of permit applications.

* * * * *

(c) * * *

(13) Based upon the data and analyses provided under parts 779,

780, 783, and 784, as applicable, and Sec. 785.25 of this chapter, the

regulatory authority has: (i) determined that the permit contains lands

eligible for remining; and (ii) set a threshold beyond which conditions

or events arising subsequent to permit issuance may be presumed to

constitute unanticipated events or conditions for the purposes of

Sec. 773.15(f) of this chapter.

* * * * *

(f) Lands eligible for remining. Until September 30, 2004, the

prohibitions of paragraph (b) of this section shall not apply to any

violation resulting from an unanticipated event or condition at a

surface coal mining and reclamation operation on lands eligible for

remining under a permit held by the person making such application.

* * * * *

PART 785--REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING

5. The authority citation for part 785 is revised to read as

follows:

Authority: 30 U.S.C. 1201 et seq., as amended; Pub. L. 100-34;

and Pub. L. 102-486.

6. Section 785.25 is added to read as follows:

Sec. 785.25 Lands eligible for remining.

(a) This section applies to any person who conducts or intends to

conduct a surface coal mining operation on lands eligible for remining.

(b) Any application for a permit under this section shall be made

according to all requirements of this subchapter applicable to surface

coal mining and reclamation operations. In addition, the application

shall:

(1) To the extent not otherwise addressed in the permit

application, identify potential environmental and safety problems

associated with the site, the maximum degree of impact attributable to

each problem, and the probability that each type of problem will occur.

These problems would include but are not limited to impacts of acid

mine drainage on the hydrologic balance, sudden discharges of water

from adjacent water-filled mine workings, and sediment and safety

issues associated with abandoned spoil.

(2) Describe mitigative measures for each potential environmental

or safety problem in order to meet applicable performance standards.

PART 816--PERMANENT PROGRAM PERFORMANCE STANDARDS-SURFACE MINING

ACTIVITIES

7. The authority citation for part 816 is revised to read as

follows:

Authority: 30 U.S.C. 1201 et seq., as amended; sec 115 of Pub.

L. 98-146, 30 U.S.C. 1257; Pub. L. 100-34; and Pub. L. 102-486.

8. Section 816.116 is amended by revising paragraphs (c)(2) and

(c)(3) to read as follows:

Sec. 816.116 Revegetation: Standards for success.

* * * * *

(c)(2) In areas of more than 26.0 inches of annual average

precipitation, the period of responsibility shall continue for a period

of less than five full years, except that, on lands eligible for

remaining, the period of responsibility (until September 30, 2004)

shall be two full years. In areas with a five-year period of

responsibility, the vegetation parameters identified in paragraph (b)

of this section for grazing land, pasture land, or cropland shall equal

or exceed the approved success standard during the growing season of

any two years of the responsibility period, except the first year. In

areas with a two-year period of responsibility, the vegetative

parameters identified in paragraph (b) of this section for grazing

land, pasture land, or cropland shall equal or exceed the approved

success standard during the growing season of any two years of the

responsibility period. Areas approved for the other uses identified in

paragraph (b) of this section shall equal or exceed the applicable

success standard during the growing season of the last year of the

responsibility period.

(3) In areas of 26.0 inches or less average annual precipitation,

the period of responsibility shall continue for a period of not less

than 10 full years, except that, on lands eligible for remining, the

period of responsibility (until September 30, 2004) shall be five

years. Vegetation parameters identified in paragraph (b) of this

section shall equal or exceed the approved success standard for at

least the last two consecutive years of the responsibility period.

* * * * *

PART 817--PERMANENT PROGRAM PERFORMANCE STANDARDS--UNDERGROUND

MINING ACTIVITIES

9. The authority citation for part 817 is revised to read as

follows:

Authority: 30 U.S.C. 1201 et seq., as amended; sec. 115 of Pub.

L. 98-146, 30 U.S.C. 1257; Pub. L. 100-34; and Pub. L. 102-486.

10. Section 817.116 is amended by revising paragraphs (c)(2) and

(c)(3) to read as follows:

Sec. 817.116 Revegetation: Standards for success.

* * * * *

(c)(2) In areas of more than 26.0 inches of annual average

precipitation, the period of responsibility shall continue for a period

of not less than five full years, except that, on lands eligible for

remining, the period of responsibility (until September 30, 2004) shall

be two full years. In areas with a five-year period of responsibility,

the vegetation parameters identified in paragraph (b) of this section

for grazing land, pasture land, or cropland shall equal or exceed the

approved success standard during the growing season of any two years of

the responsibility period, except the first year. In areas with a two-

year period of responsibility, the vegetative parameters identified in

paragraph (b) of this section for grazing land, pasture land, or

cropland shall equal or exceed the approved success standard during the

growing season of any two years of the responsibility period. Areas

approved for the other uses identified in paragraph (b) of this section

shall equal or exceed the applicable success standard during the

growing season of the last year of the responsibility period.

(3) In areas of 26.0 inches or less average annual precipitation,

the period of responsibility shall continue for a period of not less

than 10 full years, except that, on lands eligible for remining, the

period of responsibility (until September 30, 2004) shall be five

years. Vegetation parameters identified in paragraph (b) of this

section shall equal or exceed the approved success standard for at

least the last two consecutive years of the responsibility period.

* * * * *

[FR Doc. 94-13417 Filed 6-1-94; 8:45 am]

BILLING CODE 4310-05-M