North Dakota Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 934

[ND-035-FOR, Amendment No. XXV]

North Dakota Regulatory Program

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

ACTION: Proposed rule; reopening and extension of public comment period

and opportunity for public hearing on proposed amendment.

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SUMMARY Office of Surface Mining Reclamation and Enforcement (OSM) is

announcing receipt of 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 additional explanatory

information for North Dakota's proposed rules pertain to changes to

provisions on vegetation success standards for final bond release. 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., July 2,

1998. If requested, a public hearing on the proposed amendment will be

held on July 13, 1998. Requests to present oral testimony at the

hearing must be received by 4:00 p.m., m.d.t., on July 2, 1998.

ADDRESSES: Written comments should be mailed or hand delivered to Guy

Padgett, Field Office Director, 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 of North Dakota, 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 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 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

[[Page 33023]]

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 65-05.2-22-07, concerning reclamation

success standards for woodlands and shelter belts; and the addition of

NDAC 69-05.2-28, concerning inspections of inactive mines.

OSM announced receipt of the proposed amendment in the September

17, 1997, Federal Register (62 FR 48807), provided an opportunity for a

public hearing or meeting on its substantive adequacy, and invited

public comment on its adequacy (administrative record No. ND-Z-03).

Because no one requested a public hearing or meeting, none was held.

The public comment period ended at 4:00 p.m. on October 17, 1997.

During its review of the amendment, OSM identified concerns

relating to the provisions of NDAC 69-05.2-22-07.4.1, the timeframe for

proving reclamation success. OSM notified North Dakota of the concerns

in a telephone conversation of March 2, 1998 (administrative record No.

ND-Z-09). North Dakota responded in a letter dated April 23, 1998, by

submitting additional explanatory information (administrative record

No. ND-Z-10).

North Dakota submitted additional explanatory information for NDAC

69-05.2-22-07.4.1, concerning the timeframe for proving reclamation

success. North Dakota explains that an operator may demonstrate that

the applicable standards have been achieved for three out of five

consecutive years starting no sooner than the eighth year of the

responsibility period, as an alternative to meeting revegetation

success standards for the last two consecutive growing seasons of the

responsibility period. This alternative does not pertain to success

standards for prime farmlands.

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

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 on any governmental entity or the private sector.

List of Subject in 30 CFR Part 934

Intergovernmental relations, Surface mining, Underground mining.

Dated: June 9, 1998.

Richard J. Seibel,

Regional Director, Western Regional Coordinating Center.

[FR Doc. 98-16128 Filed 6-16-98; 8:45 am]

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