Kansas Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 916

[SPATS No. KS-021-FOR]

Kansas Regulatory Program

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

ACTION: Proposed rule; public comment period and opportunity for public

hearing.

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

is announcing receipt of an amendment to the Kansas regulatory program

(Kansas program) under the Surface Mining Control and Reclamation Act

of 1977 (SMCRA). Kansas is proposing to condense and revise its

previously approved revegetation success guidelines. The amendment is

intended to revise the Kansas program to be consistent with the

corresponding Federal regulations and to improve operational

efficiency.

This document gives the times and locations that the Kansas program

and the amendment to that program are available for public inspection,

the comment period during which you may submit written comments on the

proposed amendment, and the procedures that will be followed for the

public hearing, if one is requested.

DATES: We will accept written comments until 4:00 p.m., c.d.t., August

25, 1999. If requested, we will hold a public hearing on the amendment

on August 20, 1999. We will accept requests to speak at the hearing

until 4:00 p.m., c.d.t. on August 10, 1999.

ADDRESSES: You should mail or hand deliver written comments and

requests to speak at the hearing to John Coleman, Mid-Continent

Regional Coordinating Center, at the address listed below.

You may review copies of the Kansas program, the amendment, a

listing of any scheduled public hearings, and all written comments

received in response

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to this document at the addresses listed below during normal business

hours, Monday through Friday, excluding holidays. You may receive one

free copy of the amendment by contacting OSM's Mid-Continent Regional

Coordinating Center.

John Coleman, Mid-Continent Regional Coordinating Center, Office of

Surface Mining, Alton Federal Building, 501 Belle Street, Alton,

Illinois, 62002, Telephone: (618) 463-6460.

Kansas Department of Health and Environment, Surface Mining

Section, 4033 Parkview Drive, Frontenac, Kansas 66763, Telephone (316)

231-8540.

FOR FURTHER INFORMATION CONTACT: John Coleman, Mid-Continent Regional

Coordinating Center. Telephone: (618) 463-6460. Internet:

[email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Kansas Program

On January 21, 1981, the Secretary of the Interior conditionally

approved the Kansas program. You can find general background

information on the Kansas program, including the Secretary's findings,

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

January 21, 1981, Federal Register (46 FR 5892). You can find later

actions concerning the Kansas program at 30 CFR 916.10, 916.12, 916.15,

and 916.16.

II. Description of the Proposed Amendment

By letter dated July 12, 1999 (Administrative Record No. KS-616),

the Kansas Department of Health and Environment, Surface Mining Section

(SMS) sent us an amendment to the Kansas program under SMCRA. The SMS

sent the amendment in response to deficiencies that we identified in

Kansas' revegetation success guidelines in a final rule decision on

August 19, 1992 (57 FR 37430). The amendment also includes changes made

at the SMS's own initiative. The SMS proposes to amend the Kansas

revegetation success guidelines entitled ``Revegetation Standards for

Success and Statistically Valid Sampling Techniques for Measuring

Revegetation Success.'' A brief summary of the changes are discussed

below. The full text of the program amendment is available for your

inspection at the locations listed above under ADDRESSES.

1. Preface

Kansas revised the preface to reflect the current revisions to its

revegetation success guidelines. Kansas also removed language from the

preface that was not approved by us in the August 19, 1992, final rule

decision. The removed language appeared to exempt specific permits from

possible revisions to reflect the success standards and sampling

techniques in Kansas' revegetation success guidelines.

2. Introduction

Kansas made minor revisions to the existing language and added the

following new paragraph:

In adopting the aforementioned references, the operator is

required to use a statistically valid sampling technique at a 90% or

greater statistical confidence as approved by the SMS in

consultation with the United States Department of Agriculture

(USDA), Natural Resource Conservation Service (NRCS). Furthermore,

success standards for each permit will be based on the most current

county survey in place at the time of the permit's issuance.

3. Definitions

Kansas defined the following terms that are used throughout the

Kansas revegetation success guidelines: A.U.M.; Cropland; Diverse;

Effective; Forage; Historically Cropped; KDWP; KSU; NRCS; Permanent;

Previously Mined; Prime Farmland; and SMS.

4. Tables

Kansas added four new tables. Table 1 contains productivity and

ground cover vegetation requirements for Phase II and Phase III bond

release of pasture land and grazing land; wildlife habitat, recreation,

shelter belts, and forest products; and industrial, commercial, or

residential land uses. Table 2 lists productivity and ground cover

vegetation requirements for Phase II and Phase III bond release of

prime farmland. Table 3 contains productivity and ground cover

vegetation requirements for Phase II and Phase II bond release of

cropland. Table 4 provides the suggested minimum number of samples by

size of area being evaluated for corn, soybeans, wheat/oats, sorghum,

and forage crops.

5. Chapter I. Ground Cover Success

Kansas consolidated the substantive provisions of its currently

approved ground cover success standards for all land uses in this

chapter. Section A covers the standard for ground cover on topsoiled

areas. Section B discusses the standard for ground cover on previously

mined areas. Section C provides the standard for ground cover on

wildlife habitat areas. Section D contains standards for ground cover

on industrial, commercial, or residential areas with topsoil. Sections

E and F provide general information on ground cover sampling criteria

and techniques. Section G contains specific pre-mining ground cover

sampling techniques. Section H provides specific post-mining ground

cover sampling criteria. Finally, Section I covers specific post-mining

ground cover sampling techniques.

6. Chapter II. Forage Production Success Standard

Kansas revised and consolidated the substantive provisions of its

currently approved forage production success standards for all

applicable land uses in this chapter. Kansas also added whole field

harvest to the methods of data collection for forage. Section A

discusses the use of the USDA-NRCS crop yield database that is listed

by soil mapping units in the published county soil surveys for Kansas

and the USDA-NRCS database in the Technical Guide Notice KS-145

(Appendix B). Section B contains information on methods of calculation

using the Animal Unit Month (A.U.M.) values listed in the USDA-NRCS

soil surveys for Kansas. Section C provides productivity standards for

prime farmland forage crops. Section D covers the productivity standard

for previously mined lands reconstructed to pasture and grazing land.

Section E contains information on the productivity standard for pasture

and grazing land. Section F discusses the use of representative areas,

with test plots, or whole field harvesting as methods for data

collection. Section G contains forage crop production sampling

criteria. Finally, Section H provides forage crop production sampling

techniques.

7. Chapter III. Productivity Standard Databases for Row Crops

Kansas revised and consolidated the substantive provisions of its

currently approved row crop production success standards for prime and

non-prime farmland in this chapter. Kansas also added corn as an

acceptable row crop. Section A discusses the acceptable row crops for

revegetation productivity. Section B contains information on the method

of row crop production success standard calculations. Section C

provides row crop sampling criteria. Section D contains methods for

data collection involving representative areas, with test plots, and

whole field harvesting. Section E provides productivity sampling

criteria for prime farmland row crops. Section F discusses productivity

sampling criteria for non-prime farmland cropland row crops. Finally,

Section G contains row crop sampling techniques involving test plots

and whole field harvest for grain sorghum (milo), wheat, soybeans, and

corn. In response to deficiencies that we identified in the August 19,

1992, final rule decision on Kansas' current

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revegetation success guidelines, Kansas revised its row crop sampling

techniques for grain sorghum and wheat to require a determination of

statistical sample adequacy based on sample weights corrected to a

standard moisture content.

8. Chapter IV. Stem Density

Kansas consolidated its productivity success standards for trees

and shrubs in this chapter. Section A discusses the general success

standards for fish and wildlife habitat, recreation, shelter belts, and

forest products land uses. Section B contains the Phase II and Phase

III productivity success standards for these land uses. Section C

provides information on productivity sampling criteria. Section D

contains stem density sampling techniques. Section E discusses

previously mined areas that are reclaimed to fish and wildlife habitat,

recreation, shelter belts, or forest products land uses.

9. References

Kansas listed the technical reports, studies and other documents

used in developing its revegetation success guidelines.

10. Appendix A, Plant Species List

This appendix lists plant species, tree species, shrub and vine

species, and legume species. It lists the plant species that are

unacceptable for all land uses, with the following exception. All plant

species listed are acceptable for the fish and wildlife habitat land

use unless they are marked with an asterisk (*). It lists the

acceptable tree species for fish and wildlife habitat, recreation,

shelter belts, and forest products land uses. It also lists the

acceptable shrub and vine species for fish and wildlife habitat,

recreation, and shelter belt land uses. Finally, Appendix A lists the

acceptable legume species based on land use for revegetation

productivity and ground cover.

11. Appendix B, Methods of Production Success Standard Calculations

Kansas is proposing a new Animal Unit Month (A.U.M.) value for use

in calculating forage production. Kansas defines the A.U.M. as the

monthly average pounds of forage needed to support each 1,000 pounds of

cattle. Kansas submitted calculations and documentation to support an

A.U.M. equal to 760 pounds. The documentation included two methods of

calculating forage production based on A.U.M. per soil type for cool

season grass seed mixtures and warm season grass seed mixtures.

Appendix B also contains tables showing two methods of calculating the

success standard for grain sorghum by soil type and soybeans by soil

type.

12. Appendix C, Planting Reports

This appendix contains the following reports: Mining Section

Planting Report; Cropland Seeding Report; Forage/Pastureland Seeding

Report; Woodland/Wildlife Seeding and Planting Report; Wildlife Seeding

Mixture Report; and Annual Production and Ground Cover Survey.

13. Appendix D, Reference Area Criteria

Kansas moved its previously approved provisions for reference areas

to Appendix D.

14. Appendix E, Representative Sample Field Area Definition and Test

Plot Criteria

This appendix discusses the use of data from representative sample

field areas to prove row crop production success. This data is obtained

from individual row crop test plots.

III. Public Comment Procedures

Under the provisions of 30 CFR 732.17(h), we are requesting

comments on whether the proposed amendment satisfies the applicable

program approval criteria of 30 CFR 732.15. If we approve the

amendment, it will become part of the Kansas program.

Written Comments

Your written comments should be specific and pertain only to the

issues proposed in this rulemaking. You should explain the reason for

any recommended change. In the final rulemaking, we will not

necessarily consider or include in the Administrative Record any

comments received after the time indicated under DATES or at locations

other than the Mid-Continent Regional Coordinating Center.

Public Hearing

If you wish to speak at the public hearing, contact the person

listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., c.d.t. on

August 10, 1999. We will arrange the location and time of the hearing

with those persons requesting the hearing. If you are disabled and need

special accommodation to attend a public hearing, contact the

individual listed under FOR FURTHER INFORMATION CONTACT. The hearing

will not be held if no one requests an opportunity to speak at the

public hearing.

You should file a written statement at the time you request the

hearing. This will allow us to prepare adequate responses and

appropriate questions. The public hearing will continue on the

specified date until all persons scheduled to speak have been heard. If

you are in the audience and have not been scheduled to speak and wish

to do so, you will be allowed to speak after those who have been

scheduled. We will end the hearing after all persons scheduled to speak

and persons present in the audience who wish to speak have been heard.

Public Meeting

If only one person requests an opportunity to speak at a hearing, a

public meeting, rather than a public hearing, may be held. If you wish

to meet with us to discuss the amendment, request a meeting by

contacting the person listed under FOR FURTHER INFORMATION CONTACT. All

such meetings are open to the public and, if possible, we will post

notices of meetings at the locations listed under ADDRESSES. We also

make a written summary of each meeting a part of the Administrative

Record.

IV. 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 has conducted the reviews required

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

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 promulgated 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 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)

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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 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 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 has 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 916

Intergovernmental relations, Surface mining, Underground mining.

Dated: July 19, 1999.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.

[FR Doc. 99-18946 Filed 7-23-99; 8:45 am]

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