Arkansas Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 904

[SPATS No. AR-032-FOR]

Arkansas Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is approving an amendment to the Arkansas regulatory

program (Arkansas program) under the Surface Mining Control and

Reclamation Act of 1977 (SMCRA). Arkansas proposed to revise the

Arkansas Surface Coal Mining and Reclamation Code (ASCMRC) concerning

revegetation success standards. Arkansas also proposed to add policy

guidelines for determining Phase III revegetation success for pasture

and previously mined areas, cropland, forest products, recreation and

wildlife habitat, and industrial/commercial and residential areas.

Arkansas intends to revise its program to be consistent with the

corresponding Federal regulations.

EFFECTIVE DATE: November 25, 1998.

FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Director, Tulsa

Field Office, Office of Surface Mining Reclamation and Enforcement,

5100 East Skelly Drive, Suite 470, Tulsa, Oklahoma 74135-6548.

Telephone: (918) 581-6430. Internet: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Arkansas Program

II. Submission of the Proposed Amendment

III. Director's Findings

IV. Summary and Disposition of Comments

V. Director's Decision

VI. Procedural Determinations

I. Background on the Arkansas Program

On November 21, 1980, the Secretary of the Interior conditionally

approved the Arkansas program. You can find background information on

the Arkansas program, including the Secretary's findings, the

disposition of comments, and the conditions of approval in the November

21, 1980, Federal Register (45 FR 77003). You can find information on

later actions concerning the Arkansas program at 30 CFR 904.12, 904.15,

and 904.16.

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II. Submission of the Proposed Amendment

By letter dated August 27, 1998 (Administrative Record No. AR-562),

Arkansas sent us an amendment to its program under SMCRA. Arkansas

proposed to amend its program in response to the November 26, 1985, and

October 14, 1997, letters (Administrative Record Nos. AR-332 and AR-

559.02, respectively) that we sent to Arkansas under 30 CFR 732.17(c).

We announced receipt of the amendment in the September 11, 1998,

Federal Register (63 FR 48661). In the same document, we opened the

public comment period and provided an opportunity for a public hearing

or meeting on the adequacy of the amendment. The public comment period

closed on October 13, 1998. Because no one requested a public hearing

or meeting, we did not hold one.

During our review of the amendment, we identified concerns relating

to Arkansas' proposal to remove the definition of ``grazingland'' and

associated references from its regulations. We discussed our concerns

with Arkansas during a telephone conversation on October 6, 1998

(Administrative Record No. AR-562.06).

By letter dated October 8, 1998 (Administrative Record No. AR-

562.05), Arkansas withdrew its proposal to remove the definition of

``grazingland'' from its regulations at ASCMRC 701.5. Arkansas also

withdrew its proposals to remove references to the land use category of

``grazingland'' from the definition of ``renewal resource lands'' at

ASCMRC 701.5 and ASCMRC 816.116(b)(1). We find that Arkansas'

withdrawal of these proposed revisions is an adequate response to our

concerns. Therefore, we are proceeding with this final rule Federal

Register document.

III. Director's Findings

Following, under SMCRA and the Federal regulations at 30 CFR 732.15

and 732.17, are our findings concerning the amendment.

Any revisions that we do not discuss below concern nonsubstantive

wording changes, or revised cross-references and paragraph notations to

reflect organizational changes resulting from this amendment.

1. ASCMRC 701.5 Definition of ``Renewable Resource Lands''

Arkansas corrected a typographical error by changing the words

``these charge'' to the words ``the recharge.'' With the correction of

this error, Arkansas' definition is the same as the Federal definition

of ``Renewal resource lands'' at 30 CFR 701.5.

2. ASCMRC 816.116(b)(1) Revegetation Success Standards for Areas

Developed for Use as Pasture Land

Arkansas amended ASCMRC 816.116(b)(1) by replacing the general

phrase ``such other success standards approved by the Department'' with

a reference to its revegetation guidelines. ASCMRC 816.116(b)(1) now

requires ground cover and production of living plants on areas

developed for use as grazing and pasture land to be at least equal to

that of a reference area or to comply with the criteria contained in

Arkansas' ``Phase III Revegetation Success Standards for Pasture and

Previously Mined Areas.''

The counterpart Federal regulations at 30 CFR 816.116(b)(1) and

817.116(b)(1) require ground cover and production of living plants on

revegetated grazing land and pasture land areas to be at least equal to

that of a reference area or such other success standards approved by

the regulatory authority. As discussed later in this document,

Arkansas' revegetation success guidelines for pasture are consistent

with the Federal regulations for revegetation of disturbed areas.

Therefore, the revisions to ASCMRC 816.116(b)(1) are consistent with

and no less effective than the counterpart Federal regulations at 30

CFR 816.116(b)(1) and 817.116(b)(1).

3. ASCMRC 816.116(b)(2) Revegetation Success Standards for Areas

Developed for Use as Cropland

Arkansas revised ASCMRC 816.116(b)(2) by replacing the reference to

``such other success standards approved by the Department'' with a

reference to its revegetation guidelines. ASCMRC 816.116(b)(2) now

requires crop production on areas developed for use as cropland to be

at least equal to that of a reference area or to comply with the

criteria contained in Arkansas' ``Phase III Revegetation Success

Standards for Cropland.''

The Federal regulations at 30 CFR 816.116(b)(2) and 817.116(b)(2)

require crop production on revegetated cropland areas to be at least

equal to that of a reference area or such other success standards

approved by the regulatory authority. As discussed later in this

document, Arkansas' revegetation success guidelines for cropland are no

less effective than the Federal regulations for revegetation of

disturbed areas. Therefore, we find that the revisions to ASCMRC

816.116(b)(2) are consistent with and no less effective than the

counterpart Federal regulations at 30 CFR 816.116(b)(2) and

817.116(b)(2).

4. ASCMRC 816.116(b)(3)(iv) Revegetation Success Standards for Areas

to be Developed for Fish and Wildlife Habitat, Recreation, Shelter

Belts, or Forest Products

Arkansas added a new paragraph (b)(3)(iv) that requires vegetation

success for areas to be developed for fish and wildlife habitat,

recreation, shelter belts, or forest products to comply with the

criteria contained in its ``Phase III Revegetation Success Standards

for Forest Products'' or its ``Phase III Revegetation Success Standards

for Recreation and Wildlife Habitat.''

There is no direct Federal counterpart to this provision at 30 CFR

816.116(b)(3). However, the Federal regulations at 30 CFR 816.116(a)(1)

and 817.116(a)(1) require a regulatory authority to include standards

for success and statistically valid sampling techniques for measuring

success in an approved program. As discussed later in this document,

Arkansas' guidelines for revegetation success standards and sampling

techniques for measuring success of forest products and of recreation

and wildlife habitat are no less effective than the Federal regulations

for revegetation of disturbed areas. Therefore, we are approving the

addition of ASCMRC 816.116(b)(3)(iv), which references these

guidelines.

5. ASCMRC 816.116(b)(4) Revegetation Success Standards for Areas to be

Developed for Industrial, Commercial, or Residential Use

Arkansas revised ASCMRC 816.116(b)(4) by requiring that vegetative

ground cover comply with the criteria contained in its revegetation

guidelines. ASCMRC 816.116(b)(4) now requires vegetative ground cover

for areas to be developed for industrial, commercial, or residential

use less than two years after regrading is completed to not be less

than that required to control erosion and to comply with the criteria

contained in Arkansas' ``Phase III Revegetation Success Standards for

Industrial, Commercial, and Residential Revegetation.''

The counterpart Federal regulations at 30 CFR 816.116(b)(4) and

817.116(b)(4) require vegetative ground cover for areas to be developed

for industrial, commercial, or residential use less than two years

after regrading is completed to not be less than that required to

control erosion. As discussed later in this document, Arkansas'

revegetation success guidelines for industrial, commercial, and

residential areas are no

[[Page 65064]]

less effective than the Federal regulations for revegetation of

disturbed areas. Therefore, we find that the revisions to ASCMRC

816.116(b)(4) are no less effective than the Federal regulations at 30

CFR 816.116(b)(4) and 817.116(b)(4).

6. ASCMRC 816.116(b)(5) Revegetation Success for Areas Previously

Disturbed by Mining

Arkansas added a new provision at ASCMRC 816.116(b)(5) which

requires vegetative ground cover for areas previously disturbed by

mining that were not reclaimed to the requirements of Subchapter K and

that are remined or otherwise redisturbed by surface coal mining

operations to comply with the criteria contained in its Phase III

Revegetation Success Standards for Pasture and Previously Mined Areas.

This provision is in addition to the existing requirement that the

vegetative ground cover must be no less than the ground cover existing

before redisturbance and must be adequate to control erosion.

There are no direct Federal counterparts to this additional

provision at 30 CFR 816.116(b)(5) and 817.116(b)(5), which also concern

areas previously disturbed by mining. However, the Federal regulations

at 30 CFR 816.116(a)(1) and 817.116(a)(1) require a regulatory

authority to include standards for success and statistically valid

sampling techniques for measuring success in an approved program. As

discussed later in this document, Arkansas' guidelines for revegetation

success standards and sampling techniques for measuring success of

previously mined areas are no less effective than the Federal

regulations for revegetation of disturbed areas. Therefore, we are

approving the addition of Arkansas' new provision at ASCMRC

816.116(b)(5).

7. Phase III Revegetation Success Standards for Pasture and Previously

Mined Areas

Arkansas added policy guidelines in a guidance document entitled

``Phase III Revegetation Success Standards for Pasture and Previously

Mined Areas.'' This guidance document describes the criteria and

procedures for determining Phase III ground cover and production

success for areas being restored to pasture under ASCMRC 816.116(b)(1)

and for areas that were previously mined under ASCMRC 816.116(b)(5). It

provides general revegetation requirements and success standards and

measurement frequency for ground cover and forage production. It also

includes sampling procedures and techniques, data submission and

analysis criteria, and mitigation plan requirements.

Arkansas requires revegetation success on pasture and previously

mined land to be determined on the basis of the general revegetation

requirements of the approved permit, ground cover, and production. The

permittee is responsible for measuring the vegetation and for

submitting the data to Arkansas for analysis. Any previously mined land

that was remined or redisturbed and reclaimed to a land use of pasture

must achieve the same success standard for cover as land that was not

previously disturbed by mining. However if the area is not reclaimed to

the requirements of ASCMRC 816.111(b)(4), the vegetative cover must not

be less than the ground cover existing before redisturbance and must be

adequate to control erosion. The permittee must determine the ground

cover standard and incorporate it into the permit prior to disturbance.

Arkansas must determine that the general requirements for revegetation

success are satisfied as stated in ASCMRC 816.111. The permittee must

measure the vegetation in accordance with the procedures outlined in

the guidance document. The guidance document sets out specific success

standards and measurement frequencies for ground cover and production

based on the regulatory requirements. The permittee must determine the

forage production standard with a reference area or a current United

States Department of Agriculture, Natural Resources Conservation

Service (USDA/NRCS) high management target yield. The permittee must

use statistically valid random sampling methods. Ground cover is to be

measured by the line-point transect method. Forage production is to be

measured utilizing sampling frames or whole area harvest. The guidance

document also provides a method for establishing representative test

plots. The permittee is to use a prescribed formula to determine sample

adequacy. If the data indicate that the vegetation is close to but less

than the standard, the permittee must submit the data to Arkansas for

statistical analysis. Arkansas must determine if the differences are

statistically significant within the limits allowed by regulation. The

permittee must provide maps for each Phase III plan. The maps are to

indicate the location of each sampling transect and sample frame point,

the area covered by the sampling, and all permit boundaries. If the

permittee can not demonstrate revegetation success in the fourth year

after completion of the last augmented seeding, the permittee must

submit a mitigation plan to Arkansas. The mitigation plan must include

a statement of the problem, a discussion of methods to correct the

problem, and a new Phase III liability release plan. If the plan

involves augmented activities, the five year responsibility period will

begin again. The appendices that are included with the guidance

document illustrate the selection of random sampling sites; data forms

for line point transects; summary data forms for sampling frames; a T-

table; data forms for forage crop production data harvested as baled

hay; an example use of sample adequacy formula for ground cover

measurements and hay production measurements; statistical analysis on

sampling frame data and whole release area harvesting; yield

adjustments for release areas due to differing soil series; and grasses

of acceptable plant species for permanent ground cover on agricultural

areas.

The Federal regulations at 30 CFR 816.116(a)(1) and 817.116(a)(1)

require a regulatory authority to include standards for success and

statistically valid sampling techniques for measuring success in its

approved program. Arkansas accomplished this by adoption of a detailed

guidance document illustrating the methods to be used by the permittee

to measure revegetation success for pasture and previously mined areas.

We find that Arkansas' policy guidelines for pasture land use areas and

previously mined areas are consistent with the requirements of 30 CFR

816.116(a)(1) and 817.116(a)(1) and are no less effective than the

Federal regulations for revegetation of disturbed areas.

8. Phase III Revegetation Success Standards for Cropland

Arkansas added policy guidelines in a guidance document entitled

``Phase III Revegetation Success Standards for Cropland.'' This

guidance document describes the criteria and procedures for determining

Phase III production success standards for areas being restored to

cropland under ASCMRC 816.116 (b)(2). It provides success standards and

measurement frequency for ground cover and crop production. It also

includes sampling procedures and techniques, data submission and

analysis criteria, and mitigation plan requirements.

Arkansas requires that revegetation success on cropland be

determined on the basis of ground cover and crop production. The

permittee is responsible for measuring the vegetation and for

submitting the data to Arkansas for analysis. Measurements of the

[[Page 65065]]

vegetation must be made in accordance with the procedures outlined in

the guidance document. The guidance document sets out specific success

standards and measurement frequencies for ground cover and crop

production based on the regulatory requirements of ASCMRC 816.111. The

permittee is to determine the crop production standard in accordance

with a reference area or a technical standard. Approved technical

standards include the county average or target yield established by the

USDA/NRCS. Target yields must be adjusted annually and be

representative of yields expected when using high management practices

common to the area. The permittee is to use statistically valid random

sampling methods. Ground cover is to be measured by the line-point

transect method. Crop production is to be measured utilizing sampling

frames for forage production or whole area harvest for forage or row

crop production. Arkansas must approve any manual sampling of row

crops. It is only allowed when weather or other factors prevent

mechanical harvest. The guidance document also provides a method for

establishing representative test plots for use with row crop

production. The permittee is to use a prescribed formula to determine

sample adequacy. If the data indicate that the vegetation is close to

but less than the standard, the permittee must submit the data to

Arkansas for statistical analysis. Arkansas must determine if the

differences are statistically significant within the limits allowed by

regulation. The permittee must provide maps for each Phase III plan.

The maps must indicate the location of each sampling transect and

sample frame point, the area covered by the sampling, and all permit

boundaries. If the permittee can not demonstrate revegetation success

in the fifth year after completion of initial seeding, the permittee

must submit a mitigation plan to Arkansas. The permittee must include a

statement of the problem, a discussion of methods to correct the

problem, and a new Phase III liability release plan. If the plan

involves augmented activities, the five year responsibility period will

begin again. The appendices that are included with the guidance

document illustrate the selection of random sampling sites; summary

data forms for sampling frames; data forms for crop production data; a

T-table; an example of sample adequacy determination for hay production

measurements; statistical analysis for sampling frame data; a data form

for forage crop production data harvested as baled hay; statistical

analysis of whole release area harvesting; yield adjustments for

release areas due to differing soil series and for moisture; crop

surveyor's affidavit of qualifications and crop production yields;

grasses of acceptable plant species for permanent ground cover on

agricultural areas; and procedures for manually sampling row crops.

The Federal regulations at 30 CFR 816.116(a)(1) and 817.116(a)(1)

require a regulatory authority to include standards for success and

statistically valid sampling techniques for measuring success in its

approved program. Arkansas accomplished this by adoption of a detailed

guidance document illustrating the methods to be used by the permittee

to measure revegetation success for cropland. We find that Arkansas'

policy guidelines for cropland are consistent with the requirements of

30 CFR 816.116(a)(1) and 817.116(a)(1) and are no less effective than

the Federal regulations for revegetation of disturbed areas.

9. Phase III Revegetation Success Standards for Forest Products

Arkansas added policy guidelines in a guidance document entitled

``Phase III Revegetation Success Standards for Forest Products.'' This

guidance document describes the criteria and procedures for determining

Phase III ground cover and tree and shrub stocking success for areas

being restored to forest products under ASCMRC 816.116(b)(3). It

provides general revegetation requirements and success standards and

measurement frequency for ground cover and tree and shrub stocking

rates. It also includes sampling procedures and techniques, data

submission and analysis criteria, and mitigation plan requirements.

Arkansas requires that revegetation success for forest products be

determined on the basis of the general revegetation requirements of the

approved permit, ground cover, and tree and shrub stocking and

survival. The permittee is responsible for measuring the vegetation and

for submitting the data to Arkansas for analysis. The permittee must

measure the vegetation in accordance with the procedures outlined in

the guidance document. Arkansas must determine that the general

requirements for revegetation success are satisfied as stated in ASCMRC

816.111. The guidance document sets out specific success standards and

measurement frequencies for ground cover and tree and shrub stocking

rates based on the regulatory requirements and consultation and

approval of the Arkansas Forestry Commission on a permit specific

basis. The permittee must use statistically valid random sampling

methods. Ground cover is to be measured by the line-point transect

method, and tree and shrub stocking is to be measured with sampling

circles. The permittee must use a prescribed formula to determine

sample adequacy. If the data indicate that the vegetation is close to

but less than the standard, the permittee must submit the data to

Arkansas for statistical analysis. Arkansas must determine if the

differences are statistically significant within the limits allowed by

regulation. The permittee must provide maps for each Phase III plan.

The maps must indicate the location of each sampling transect and

sample frame point, the area covered by the sampling, and all permit

boundaries. If the permittee can not demonstrate revegetation success

in the fifth year after completion of initial seeding, the permittee

must submit a mitigation plan to Arkansas. The permittee must include a

statement of the problem, a discussion of methods to correct the

problem, and a new Phase III liability release plan. If the plan

involves augmented activities, the five year responsibility period will

begin again. The appendices that are included with the guidance

document illustrate the selection of random sampling sites; data forms

for line-point transect; data forms for sample circles; a T-table;

examples of sample adequacy determinations for ground cover and tree

and shrub stocking; statistical analysis for ground cover and tree and

shrub stocking; and accepted plant species.

The Federal regulations at 30 CFR 816.116(a)(1) and 817.116(a)(1)

require a regulatory authority to include standards for success and

statistically valid sampling techniques for measuring success in its

approved program. Arkansas accomplished this by adoption of a detailed

guidance document illustrating the methods to be used by the permittee

to measure revegetation success for forest products. We find that

Arkansas' policy guidelines for forest products are consistent with the

requirements of 30 CFR 816.116(a)(1) and 817.116(a)(1) and are no less

effective than the Federal regulations for revegetation of disturbed

areas.

10. Phase III Revegetation Success Standards for Recreation and

Wildlife Habitat

Arkansas added policy guidelines in a guidance document entitled

``Phase III Revegetation Success Standards for Recreation and Wildlife

Habitat.'' This guidance document describes the criteria and procedures

for determining

[[Page 65066]]

Phase III success for areas being restored to recreation and wildlife

habitat under ASCMRC 816.116(b)(3). It provides success standards and

measurement frequency for ground cover and tree and shrub stocking. It

also includes sampling procedures and techniques, data analysis

criteria, and mitigation plan requirements.

Arkansas requires that revegetation success on recreation areas and

wildlife habitat be determined on the basis of the general revegetation

requirements of the approved permit, ground cover, and tree and shrub

stocking and survival. The permittee is responsible for measuring the

vegetation and for submitting the data to Arkansas for analysis.

Measurements of the vegetation must be made in accordance with the

procedures outlined in the guidance document. Arkansas must determine

that the general requirements for revegetation success are satisfied as

stated in ASCMRC 816.111. The guidance document sets out specific

success standards and measurement frequencies for ground cover and tree

and shrub stocking rates based on the regulatory requirements and

consultation and approval of the Arkansas Game and Fish Commission on a

permit specific basis. The permittee must use statistically valid

random sampling methods. Ground cover is to be measured by the line-

point transect method, and tree and shrub stocking is to be measured

with sampling circles. Sample adequacy is to be determined using a

prescribed formula. If the data indicate that the vegetation is close

to but less than the standard, the permittee must submit the data to

Arkansas for statistical analysis. Arkansas must determine if the

differences are statistically significant within the limits allowed by

regulation. The permittee must provide maps for each Phase III plan.

The maps must indicate the location of each sampling transect and

sample frame point, the area covered by the sampling, and all permit

boundaries. If the permittee can not demonstrate revegetation success

in the fifth year after completion of initial seeding, the permittee

must submit a mitigation plan to Arkansas. The mitigation plan must

include a statement of the problem, a discussion of methods to correct

the problem, and a new Phase III liability release plan. If the plan

involves augmented activities then the five year responsibility period

will begin again. The appendices that are included with the guidance

document illustrate the selection of random sampling sites; data forms

for line-point transects; data forms for sample circles; a T-table;

examples of sample adequacy determinations for ground cover and for

tree and shrub stocking; statistical analysis for ground cover and tree

and shrub stocking; and accepted plant species.

The Federal regulations at 30 CFR 816.116(a)(1) and 817.116(a)(1)

require a regulatory authority to include standards for success and

statistically valid sampling techniques for measuring success in its

approved program. Arkansas accomplished this by adoption of a detailed

guidance document illustrating the methods to be used by the permittee

to measure revegetation success for recreation areas and wildlife

habitat. We find that Arkansas' policy guidelines for recreation areas

and wildlife habitat are consistent with the requirements of 30 CFR

816.116(a)(1) and 817.116(a)(1) and are no less effective than the

Federal regulations for revegetation of disturbed areas.

11. Phase III Success Standards for Industrial/Commercial and

Residential Revegetation

Arkansas added policy guidelines in a guidance document entitled

``Phase III Success Standards for Industrial/Commercial and Residential

Revegetation.'' This guidance document describes the criteria and

procedures for determining Phase III ground cover success for areas

being restored to an industrial/commercial or residential land use

under ASCMRC 816.116(b)(4). It provides general revegetation

requirements and success standards and measurement frequency for ground

cover. It also includes sampling procedures and techniques, data

submission and analysis criteria, and mitigation plan requirements.

Arkansas requires that revegetation success on industrial/

commercial and residential land use areas be determined on the basis of

the general revegetation requirements of the approved permit and ground

cover density. The permittee is responsible for measuring the

vegetation and for submitting the data to Arkansas for analysis. The

permittee must measure the vegetation in accordance with the procedures

outlined in the guidance document. Arkansas must determine that the

general requirements for revegetation success are satisfied as stated

in ASCMRC 816.111. The guidance document sets out specific success

standards and measurement frequencies for ground cover based on the

regulatory requirements. The permittee must use statistically valid

random sampling methods. Ground cover is to be measured by the line-

point transect method. Sample adequacy is to be determined using a

prescribed formula. If the data indicate that the vegetation is close

to but less than the standard, the permittee must submit the data to

Arkansas for statistical analysis. Arkansas must determine if the

differences are statistically significant within the limits allowed by

regulation. The permittee must provide maps for each Phase III plan.

The maps must indicate the location of each sampling transect and

sample frame point, the area covered by the sampling, and all permit

boundaries. If the permittee can not demonstrate revegetation success,

a mitigation plan must be submitted to Arkansas. The permittee must

include a statement of the problem, a discussion of methods to correct

the problem, and a new Phase III liability release plan. If the plan

involves augmented activities, the five year responsibility period will

begin again. The appendices that are included with the guidance

document illustrate the selection of random sampling sites; data forms

for line-point transects; a T-table; an example of sample adequacy

determination for ground cover; statistical analysis for ground cover;

and accepted plant species.

The Federal regulations at 30 CFR 816.116(a)(1) and 817.116(a)(1)

require a regulatory authority to include standards for success and

statistically valid sampling techniques for measuring success in its

approved program. Arkansas accomplished this by adoption of a detailed

guidance document illustrating the methods to be used by the permittee

to measure revegetation success for industrial/commercial and

residential land uses. We find that Arkansas' policy guidelines for

industrial/commercial and residential land uses are consistent with the

requirements of 30 CFR 816.116(a)(1) and 817.116(a)(1) and are no less

effective than the Federal regulations for revegetation of disturbed

areas.

12. Prime Farmland and Grazing Land Revegetation Success Guidelines

Prime farmland and grazing land are also potential pre- and post-

mining land uses in the State. In its letters dated August 27, 1998,

and October 8, 1998, Arkansas indicated that prime farmland and grazing

land guidelines will be submitted at a later date.

IV. Summary and Disposition of Comments

Public Comments

We asked for public comments on the amendment, but we did not

receive any.

[[Page 65067]]

Federal Agency Comments

Under 30 CFR 732.17(h)(11)(i), we requested comments on the

amendment from various Federal agencies with an actual or potential

interest in the Arkansas program (Administrative Record No AR-562.01).

By letter dated September 28, 1998 (Administrative Record No. AR-

562.07), the U.S. Army Corps of Engineers responded that its review

found the amendment satisfactory.

Environmental Protection Agency (EPA)

The Federal regulation at 30 CFR 732.17(h)(11)(ii) requires us to

get written consent from the EPA for those provisions of a program

amendment that relate to air or water quality standards promulgated

under the authority of the Clean Water Act (33 U.S.C. 1251 et seq.) or

the Clean Air Act (42 U.S.C. 7401 et seq.). None of the revisions that

Arkansas proposed to make in this amendment pertain to air or water

quality standards. Therefore, we did not request the EPA's consent.

Under 30 CFR 732.17(h)(11)(i), we requested comments on the

amendment from the EPA (Administrative Record No. AR-562.03). The EPA

did not respond to our request.

State Historical Preservation Officer (SHPO) and the Advisory Council

on Historic Preservation (ACHP)

Under 30 CFR 732.17(h)(4), we are required to request comments from

the SHPO and ACHP on proposed amendments which may have an effect on

historic properties. We requested the SHPO and ACHP to comment on

Arkansas' amendment (Administrative Record No. AR-562.02), but neither

responded to our request.

V. Director's Decision

Based on the above findings, we approve the amendment as submitted

by Arkansas on August 27, 1998, and as revised on October 8, 1998.

We approve the revegetation guidelines that Arkansas proposed with

the provision that they be fully placed in force in identical form to

the guidelines submitted to and reviewed by OSM and the public.

To implement this decision, we are amending the Federal regulations

at 30 CFR Part 904, which codifies decisions concerning the Arkansas

program. This final rule is effective immediately to expedite the State

program amendment process and to encourage Arkansas to bring its

program into conformity with the Federal standards. SMCRA requires

consistency of State and Federal standards.

VI. Procedural Determinations

Executive Order 12866

The Office of Management and Budget (OMB) exempts this rule from

review under Executive Order 12866 (Regulatory Planning and Review).

Executive Order 12988

The Department of the Interior conducted the reviews required by

section 3 of Executive Order 12988 (Civil Justice Reform) and

determined that, to the extent allowed by law, 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 published by a specific State, not by OSM. Under

sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and 30 CFR

730.11, 732.15, and 732.17(h)(10), decisions on 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.

National Environmental Policy Act

This rule does not require an environmental impact statement since

section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency

decisions on 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)).

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.).

Regulatory Flexibility Act

The Department of the Interior 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 which is the subject of this rule is based upon

corresponding 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. Therefore, this rule will ensure that existing requirements

previously published 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 corresponding Federal regulations.

Unfunded Mandates

OSM determined and certifies under the Unfunded Mandates Reform Act

(2 U.S.C. 1502 et seq.) that this rule will not impose a cost of $100

million or more in any given year on local, state, or tribal

governments or private entities.

List of Subjects in 30 CFR Part 904

Intergovernmental relations, Surface mining, Underground mining.

Dated: November 6, 1998.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.

For the reasons set out in the preamble, 30 CFR Part 904 is amended

as set forth below:

PART 904--ARKANSAS

1. The authority citation for Part 904 continues to read as

follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 904.15 is amended in the table by adding a new entry in

chronological order by ``Date of final publication'' to read as

follows:

Sec. 904.15 Approval of Arkansas regulatory program amendments.

* * * * *

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

Date of final

Original amendment submission date publication Citation/description

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

* * * * * *

*

August 27, 1998...................... November 25, 1998...... ASCMRC 701.5; 816.116(b)(1), (2), (3)(iv), (4),

(5); Policy Guidelines for Phase III

Revegetation Success Standards for Pasture and

Previously Mined Areas, Cropland, Forest

Products, Recreation and Wildlife Habitat,

Industrial/Commercial and Residential

Revegetation.

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[[Page 65068]]

[FR Doc. 98-31490 Filed 11-24-98; 8:45 am]

BILLING CODE 4310-05-P