Iowa Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 915

[SPATS No. IA-005-FOR]

Iowa Regulatory Program

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

Interior.

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

on proposed amendment.

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SUMMARY: OSM is announcing receipt of revisions to a previously

proposed amendment to the Iowa regulatory program (Iowa program) under

the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Iowa

proposes revisions to its revegetation success guidelines concerning

the definition for ``prime farmland,'' plant species for recreational

and wildlife areas, reference areas, normal husbandry practices,

minimum planting arrangements for recreational, wildlife, and forested

lands, and control area adjustments of prime farmland.

Iowa intends to revise its program to be consistent with the

corresponding Federal regulations and to improve operational

efficiency.

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

25, 1999.

ADDRESSES: You should mail or hand deliver written comments to John W.

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Coleman, Mid-Continent Regional Coordinating Center, at the address

listed below.

You may review copies of the Iowa program, the amendment, and all

written comments received in response 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 W. Coleman, Mid-Continent Regional Coordinating Center, Office of

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

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

Iowa Department of Agriculture and Land Stewardship, Division of Soil

Conservation, Henry A. Wallace Building, Des Moines, Iowa 50319,

Telephone: (515) 281-6147.

FOR FURTHER INFORMATION CONTACT: John W. Coleman, Mid-Continent

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

[email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Iowa Program

On January 21, 1981, the Secretary of Interior conditionally

approved the Iowa program, effective April 10, 1981. You can find

background information on the Iowa program, including the Secretary's

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

in the January 21, 1981, Federal Register (46 FR 5885). You can find

later actions on the Iowa program at 30 CFR 915.10, 915.15, and 915.16.

II. Discussion of the Proposed Amendment

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

441), Iowa sent us an amendment to its program under SMCRA. Iowa sent

the amendment in response to our letter dated August 1, 1986

(Administrative Record No. IA-280), that we sent to Iowa under 30 CFR

732.17(c).

We announced receipt of the amendment in the October 14, 1998,

Federal Register (63 FR 55025) and invited public comment on its

adequacy. The public comment period closed November 13, 1998.

During our review of the amendment, we identified concerns relating

to Iowa's revegetation success guidelines concerning the definition for

``prime farmland,'' plant species for recreational and wildlife areas,

reference areas, normal husbandry practices, minimum planting

arrangements for recreational, wildlife, and forested lands, and

control area adjustments of prime farmland. We notified Iowa of these

concerns by electronic mail on November 19, 1998 (Administrative Record

No. IA-441.6). On August 3, 1999, Iowa sent us a revised amendment

(Administrative Record No. IA-441.7).

Iowa proposes the following revisions to its revegetation success

guidelines:

A. Part II.D. Definition of Prime Farmland

Iowa is revising the first sentence of its definition of Prime

Farmland to clarify the source of the U.S. Department of Agriculture's

definition for prime farmland, which was referenced in the definition.

The revised sentence reads as follows: `` Prime Farmland is defined by

the U.S. Department of Agriculture at 7 CFR Part 657. As defined, prime

farmland is the land best suited for food, feed, forage, fiber, and oil

seed crops.'' Iowa also is deleting the last sentence of the first

paragraph, ``Farming of this land results in the least damage to the

environment.''

B. Part III.C.5 Recreational and Wildlife

1. Iowa proposes to revise the second sentence of Part III.C.5.a.i.

to read as follows: ``In the case of wildlife areas, all plant species

found that are not included in the seed mixture approved in the permit

shall be those listed in Appendix 8--Recommended Wildlife &

Recreational Planting Species for Iowa of this document.''

2. Iowa also proposes to revise Part III.C.5.b.ii. to read as

follows: ``Tree and shrub species planted shall be approved in the

permit and as listed in Appendix 5--Recommended Tree Planting Species

in Iowa of this document as acceptable species.''

C. Part IV.E. Recreational, Wildlife, and Forested Lands

1. Iowa is changing the heading for Part IV.E.1. from ``Forested

Lands'' to ``Tree and Shrub Vegetation'' and is removing the phrase

``In the case of a forested land use'' from the first sentence of

IV.E.1.

2. Iowa also revised the first paragraph of Part IV.E.2 to read as

follows:

The tree and/or shrub success standards shall be met only when

all of the following have been established. (a) All of the previous

criteria under IV.E. Recreational, Wildlife, and Forested Lands have

been met. (b) When eighty percent (80%) of the trees and/or shrubs

used in proving this success standard have been in place for sixty

percent (60%) of the responsibility period (or three years). (c) The

Permittee provides documentation that eighty percent (80%) of the

planted trees and/or shrubs have survived and been in place a

minimum of three (3) consecutive years. (d) The Permittee provides

documentation that there are at least four hundred (400) live trees

and/or shrubs per acre. (e) The Permittee provides documentation

that each tree and/or shrub counted toward this revegetation success

standard has been in place at least two (2) years and have at least

one-third (1/3) of its height in live crown.

3. Iowa proposes to revise the third sentence of the second

paragraph of Part IV.E.2. to read as follows: ``In addition there shall

be a minimum of four hundred (400) live trees or shrubs per acre of

land under a forested land use, including recreational or wildlife land

use areas where woody plants are used, for purposes of achieving

revegetation success.''

4. Iowa is also revising the fourth sentence of the second

paragraph of Part IV.E.2 to read as follows: ``At the time of counting

trees or shrubs to determine if their survival meets the revegetation

success standard, eighty percent (80%) of the original number of trees

and/or shrubs planted per acre shall be alive [and] shall have been in

place for three years.''

D. Part IV.G. Control Area Adjustments of Prime Farmland Revegetation

Success Standards

1. Iowa is revising the climatic correction factor (CF) Examples #1

by changing the CF for Example #1 to1.05, the ``Climatically Adjusted

Corn Productivity Revegetation Success Standard'' calculation to ``1.05

x 161 bu. corn/acre = 169.05,'' and the success standard statement to

``Corn Productivity Revegetation Success Standard = 169 bu. corn/

acre.''

2. Iowa is revising the CF for Example #2 to 0.832, the

``Climatically Adjusted Soybean Productivity Revegetation Success

Standard'' calculation to ``0.832 x 54.52 bu. soybeans/acre = 45.3

bu. soybeans/acre,'' and the success standard statement to ``Soybean

Productivity Revegetation Success Standard = 45.3 bu. soybeans/acre.''

E. Part V.A.2. Grain Sampling Technique for Test Plot Harvesting

1. Iowa is revising Part V.A.2.h. to require the permittee to

repeat the steps outlined in Part V.A.2.c. through 2.g. for the fifteen

(15) test plots or samples for each ten (10) acres of field size. Iowa

then provides a formula for determining field sample adequacy.

2. Iowa is deleting the language originally located at Part

V.A.2.i. and replacing it with instructions on how to interpret the

results of the formula for

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determining field sample adequacy provided in Part V.A.2.h. Iowa also

added Field Adequacy Test Examples.

3. Iowa is adding new Part V.A.2.j. to require a permittee to use

corrected standard moisture percentage weights of the grain or beans to

determine sample adequacy for the test plots. Iowa then provides a

formula for determining standard moisture weight sample adequacy.

4. Iowa is also adding new Part V.A.2.k. describing how to

interpret the results of the formula for determining standard moisture

weight sample adequacy provided in Part V.A.2.j. Iowa also added

Standard Moisture Weight Sample Adequacy Examples.

5. Original Parts V.A.2.j., k., and m. are redesignated as new

Parts V.A.2.l., m., and o., respectively. Iowa then added Sample Unit

Production Examples under new Part V.A.2.m. and Average Production

Examples under new Part V.A.2.n.

6. Iowa is revising new Part V.A.2.o. to read as follows:

The average crop production value for the field area, for the

growing season sampled, will have met the appropriate grain or bean

production success standard only when the all of the following

criteria have been met. (i) All of the test plot yield data and

moisture content data for the grain or bean field area has been

submitted to the Division. (ii) The corn, soybeans, oats or wheat

production is greater than or equal to the appropriate reference

area production or calculated production success standard. (iii) The

statistical sample adequacy has been achieved. (iv) All of the

sampling and analysis criteria have been met.

F. Part V.A.3. The Use of Whole Field Harvest

1. Iowa is revising Part V.A.3.d. to read as follows:

Immediately after the grain or beans are harvested and

collected, they must be weighted to three significant digits and

then have moisture contents measured. The grain or bean production

shall be weighed on a scale licenced for trade. A weight and

moisture sample for field, or reference area must be taken. Each

moisture and foreign material sample must not represent more than

five hundred (500) bushels. Tickets shall be submitted to the

Division.

2. Iowa also proposes to add a provision to Part V.A.3.e. to

require the moisture content of a harvest to be determined using a

standard agricultural moisture tester, operated by a licensed grain

elevator.

3. Iowa is adding new Parts V.A.3.i. and j. New Part V.A.3.i.

describes how a permittee should calculate a bushel/acre production

yield. New Part V.A.3.j. describes when the average grain or bean

production value for the whole field harvest yield will have met the

appropriate production success standard.

G. Part V.B.1. Productivity Sampling Technique

1. Iowa is adding new Part V.B.1.b. to require a permittee to

determine representative sample points for each reclaimed area of

forage crops which have been grown to prove achievement of a cropland

or pastureland revegetation success standard. The permittee must use a

minimum of fifteen random sample points per each ten acres to determine

productivity for each field.

2. Existing Parts V.B.1.c. through n. are redesignated as Parts

V.B.1.d. through o., respectively. Iowa then proposes to add additional

language to new Part V.B.1.i. to read as follows: ``Areas requiring

more than thirty (30) sample points for every ten (10) acres in size

may not be eligible for bond release. This high variability indicates

that the sample area may not meet the approved standard.'' After

providing a formula for testing forage field sample adequacy, Iowa

repeats the above statement, adding that if sample adequacy cannot be

met after additional sampling, these areas should be abandoned until

the next growing season. Iowa then provides a Forage Field Sample

Adequacy Example.

3. Under new Part V.B.1.l., Iowa is adding an example of the

Fifteen Percent Moisture Weight Sample Adequacy test. Under new Part

V.B.1.m., Iowa is adding an example of the Corrected Forage Weight

test. Under new Part V.B.1.n., Iowa is adding an example of the Total

Forage Production test.

4. Iowa is adding a new provision at Part V.B.1.p. to read as

follows: ``Forage production yields less than the ninety percent (90%)

of the appropriate pastureland or forage crop revegetation success

standard shall not be accepted for the purposes of bond release.'' Old

Part V.B.1.o. is redesignated as new Part V.B.1.q.

H. Part V.B.2. Whole Field Harvest for Forage Production

1. Iowa is revising the first sentence of the introductory

paragraph at Part V.B.2. to read as follows: ``The use of whole field

harvested shall be limited to the reclaimed areas and any reference

areas, and shall not include any adjacent areas outside these limits.''

2. Iowa is adding a new Part V.B.2.e. to describe when the moisture

adjusted yield of a whole field harvest will have met the appropriate

forage production success standard.

I. Part V.C. Ground Cover

1. Iowa is revising the introductory language at Part V.C. by

adding the provision that plant species other than those included in

the Permit as part of the land use will be counted as ground cover only

after the permittee obtains written permission from the Division. Under

no circumstances will the Division allow noxious weeds, rocks, or bare

ground to be counted as ground cover.

2. Iowa is revising the third sentence of Part V.C.1.e. to read as

follows: ``The only acceptable ground cover is dead vegetative litter

and plant species included in the seed mixture approved in the Permit,

and other acceptable and approved plant species for the land use being

sampled. Iowa is also adding new Part V.C.1.e.i. and ii. to describe

what is acceptable ground cover and non-acceptable ground cover.

3. Iowa is adding an example of the Ground Cover Transect Adequacy

test at Part V.C.1.g. and an example of the Average Percent Ground

Cover test at Part V.C.1.h.

4. Iowa is revising Part V.C.1.i. to describe when the average

percent ground cover for the sample area will have met the appropriate

land use ground cover success standard.

J. Part V.D. Trees and Shrubs

1. Iowa is adding additional language to Part V.D.1. to require the

permittee to divide the total tree and/or shrub count by the number of

acres within a forestland area, and to describe when a permittee will

have met the tree and/or shrub revegetation success standard.

2. Iowa is also adding additional language to Part V.D.2.c. to

describe the criteria for eligible live and healthy trees or shrubs.

3. Iowa is adding new Parts V.D.2.e. through h. Part V.D.2.e.

requires the permittee to determine if tree or shrub planting areas

meet the minimum density of four hundred live and healthy trees or

shrub per acre, as well as describes the minimum number of trees and/or

shrubs needed in each acre and sampling circle. Part V.D.2.f. provides

a formula for determining sampling circle adequacy. Part V.D.2.g.

describes how the permittee should interpret the results of the

Sampling Circle Adequacy test, as well as provides an example of the

Sampling Circle Adequacy test. Finally, Part V.D.2.h. describes when

the tree and/or shrub revegetation success standard will have been met.

K. Part VI Statistical Analysis of Sampling Data

Iowa is adding new Part VI.A. to explain the calculation of means,

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variances, and standard deviations. This new section also includes

examples of each of these statistical applications.

L. Appendices

Iowa is adding two new appendices: Appendix 8--Recommended Wildlife

& Recreational Planting Species in Iowa; and Appendix 9--Critical

Values of t. Both these Appendices are referenced in Iowa's

Revegetation Success Standards and Statistically Valid Sampling

Techniques document.

M. Editorial-type Errors

Finally, Iowa is making minor wording changes and revising various

cross-references and paragraph notations to reflect organizational

changes resulting from this amendment.

III. Public Comment Procedures

We are reopening the comment period on the proposed amendment to

provide you an opportunity to reconsider the adequacy of the amendment

in light of the additional materials sent to us. Under the provisions

of 30 CFR 732.17(h), we are requesting comments on whether the

amendment satisfies the program approval criteria of 30 CFR 732.15. If

we approve the amendment, it will become part of the Iowa program.

Written Comments

Our practice is to make comments, including names and home

addresses of respondents, available for public review during regular

business hours. Individual respondents may request that we withhold

their home address from the administrative record, which we will honor

to the extent allowable by law. There also may be circumstances in

which we would withhold from the administrative record a respondent's

identity, as allowable by law. If you wish us to withhold your name

and/or address, you must state this prominently at the beginning of

your comment. However, we will not consider anonymous comments. We will

make all submissions from organizations or businesses, and from

individuals identifying themselves as representatives or officials of

organizations or businesses, available for public inspection in their

entirety.

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.

Please submit Internet comments as an ASCII file avoiding the use

of special characters and any form of encryption. Please also include

``Attn: SPATS No. IA-005-FOR'' and your name and return address in your

Internet message. If you do not receive a confirmation that we have

received your Internet message, contact the Mid-Continent Regional

Coordinating Center at (618) 463-6460.

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 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) 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 915

Intergovernmental relations, Surface mining, Underground mining.

Dated: September 30, 1999.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.

[FR Doc. 99-26357 Filed 10-7-99; 8:45 am]

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