North Dakota Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 934

[OSM SPATS No. ND-035-FOR, North Dakota Amendment No. XXV]

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 revisions to rules pertaining to a

proposal to eliminate the requirement for companies to submit a copy of

the federal reclamation fee report, changes to revegetation success

standards, and a new rule on inspection frequencies for inactive mines.

The amendment is intended to revise the North Dakota program to improve

operational efficiency.

DATES: Written comments must be received by 4:00 p.m., m.d.t. October

17, 1997. If requested, a public hearing on the proposed amendment will

be held on October 14, 1997. Requests to present oral testimony at the

hearing must be received by 4:00 p.m., m.d.t. on October 2, 1997.

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

James R. Deutsch, Director, Reclamation Division, Public Service

Commission, State Capitol, Bismarck, North Dakota 58505, Telephone:

(701) 328-2252

FOR FURTHER INFORMATION CONTACT: Guy Padgett, (307) 261-6550; Internet

address, [email protected].

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 found in the December 15, 1980 Federal Register (45 FR

82214). Subsequent actions concerning North Dakota's program and

program amendments can

[[Page 48808]]

be found at 30 CFR 934.15, 934.16, and 934.30.

II. Proposed Amendment

By letter dated August 29, 1997 North Dakota submitted a proposed

amendment to its program pursuant to SMCRA (Amendment number XXV),

administrative record No. ND-Z-01, 30 U.S.C. 1201 et seq.). North

Dakota submitted the proposed amendment at its own initiative. The

provisions of the North Dakota Administrative Code (NDAC) that North

Dakota proposed to revise were: NDAC 69-05.2-13-01, concerning its Coal

Production and Reclamation Fee Report; NDAC 69-05.2-22-07, concerning

reclamation success standards for woodlands and shelterbelts; and the

addition of NDAC 69-05.2-28, concerning inspections on inactive mine

sites.

Specifically, North Dakota proposes to: (1) delete its requirement

that mining companies provide the Public Service Commission with a copy

of the Coal Production and Reclamation Fee Report that is submitted to

OSM; (2) revise North Dakota's rules concerning revegetation standards

for reclaimed woodlands and shelterbelts, which require that at least

eighty percent of the trees, shrubs and half-shrubs counted for meeting

standards be in place for at least six years, and deem the standard

satisfied if the mine operator demonstrates that no tree, shrub or

half-shrub replanting has occurred during the last six years of the

responsibility period; (3) give mining companies the option of proving

reclamation success for three out of five consecutive years, starting

no sooner than the eighth year of the responsibility period; and (4)

add a rule to reduce the number of inspections from twelve to four per

year that must be conducted on inactive mine sites at mines where coal

production has permanently ceased and all disturbed areas have been

reclaimed and revegetated.

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 on 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 October 2, 1997. 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 specified 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 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

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on any governmental entity of the private sector.

List of Subjects in 30 CFR Part 934

Intergovernmental relations, Surface mining, Underground mining.

Dated: September 9, 1997.

Peter A. Rutledge,

Acting Regional Director, Western Regional Coordinating Center.

[FR Doc. 97-24683 Filed 9-16-97; 8:45 am]

BILLING CODE 4310-05-M