Oklahoma Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 936

[SPATS No. OK-026-FOR]

Oklahoma 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 additional information and documentation to

support provisions in a previously proposed amendment to the Oklahoma

regulatory program (Oklahoma program) under the Surface Mining Control

and Reclamation Act of 1977 (SMCRA). Oklahoma provided a policy

statement for its bond release guidelines relating to revegetation

success standards for diversity on lands reclaimed for use as

pastureland and grazingland. Oklahoma also submitted evidence of

consultation with the U. S. Soil Conservation Service (SCS) regarding

the use of test plots as a statistically valid sampling technique for

demonstrating success of productivity on prime farmland. Oklahoma

intends to revise its program to be consistent with the corresponding

Federal regulations.

This document gives the times and locations that the Oklahoma

program and the additional information and supporting documentation for

its previous amendment to that program are available for your

inspection, the comment period during which you may submit written

comments on the amendment, and the procedures that we will follow for

the public hearing, if one is requested.

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

November 22, 1999. If requested, we will hold a public hearing on the

amendment on November 16, 1999. We will accept requests to speak at the

hearing until 4:00 p.m., c.s.t. on November 8, 1999.

ADDRESSES: You should mail or hand deliver written comments and

requests to speak at the hearing to Michael C. Wolfrom, Director, Tulsa

Field Office, at the address listed below.

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

listing of any scheduled public hearings, 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 Tulsa Field Office.

Michael C. Wolfrom, Director, Tulsa Field Office, Office of Surface

Mining, 5100 East Skelly Drive, Suite 470, Tulsa, Oklahoma 74135-6547,

Telephone: (918) 581-6430.

Oklahoma Department of Mines, 4040 N. Lincoln Blvd., Suite 107,

Oklahoma City, Oklahoma 73105, Telephone: (405) 521-3859.

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

Field Office. Telephone: (918) 581-6430. Internet:

[email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Oklahoma Program

On January 19, 1981, the Secretary of the Interior conditionally

approved the Oklahoma program. You can find background information on

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

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

19, 1981, Federal Register (46 FR 4902). You can find later actions

concerning the Oklahoma program at 30 CFR 936.15 and 936.16.

II. Description of the Proposed Amendment

On February 17, 1994, Oklahoma proposed to amend its program by

revising its Bond Release Guidelines (Administrative Record No. OK-

959.01). We approved this amendment, with additional requirements, on

January 10, 1995 (60 FR 2512). By letter dated September 30, 1999

(Administrative Record No. OK-984), Oklahoma sent us additional

information and documentation to support the provisions in its

previously proposed amendment that we had approved with additional

requirements. In the January 10, 1995, Federal Register, we approved

sections II., III., and V.B.2.d and e of Oklahoma's bond release

guidelines with the following required amendments codified at 30 CFR

936.16(c) and (g):

(c) By March 13, 1995, Oklahoma shall revise sections II.B and

III.B in the Bond Release Guidelines to identify the method it will

use in developing a phase III revegetation success standard for

diversity on lands reclaimed for use as pastureland and grazingland.

(g) By March 13, 1995, Oklahoma must submit, before Oklahoma

allows the use of test plots as proposed at subsections V.B.2.d and

V.B.2.e in the Bond Release Guidelines, evidence of consultation

with the U.S. Soil Conservation Service regarding the use of test

plots as a statistically valid sampling technique for demonstrating

success of productivity on prime farmlands.

In response to 30 CFR 936.16(c), Oklahoma provided a policy

statement relating to its bond release guidelines for pastureland and

grazingland. In response to 30 CFR 936.16(g), Oklahoma submitted

evidence of consultation with the SCS regarding the use of test plots

as a statistically valid sampling technique for demonstrating success

of productivity on prime farmland. Following is a summary of the

additional information and documentation.

[[Page 56984]]

A. II. Pastureland and III. Grazingland--Subsections A.1.g.; 30 CFR

936.16(c)

In its letter dated September 30, 1999, Oklahoma included a policy

statement that identifies the method it will use in developing a

revegetation success standard for diversity on lands reclaimed for use

as pastureland and grazingland. Oklahoma indicated that the currently

approved provisions in its Bond Release Guidelines under II.A.1.g. and

III.A.1.g. contain the required diversity standards:

g. Perennial species that are not listed in the approved

reclamation plan but which the Department approves as being

desirable and compatible with the postmining land use can make up to

20% of total ground cover not to exceed 5% ground cover by any one

of these species.

Oklahoma stated that the above Bond Release Guidelines ensure that

80% of the ground cover is composed of the species listed in the

approved reclamation plan and that it is comprised of vegetation that

meets the requirement for seasonality, permanence, and regeneration on

both pastureland and grazingland. In a letter dated May 21, 1996

(Administrative Record OK-960.04), Oklahoma stated that the above

diversity standard is based primarily on the seed mix and the

comparison of this seed mix to the stand established after reclamation.

B. V. Prime Farmland Cropland--Subsections V.B.2.d and e; 30 CFR

936.16(g)

Oklahoma submitted a letter from the SCS dated March 2, 1993, as

evidence of consultation with the SCS regarding the use of test plots

as a statistically valid sampling technique for demonstrating success

of productivity on prime farmland. In this letter, the SCS stated that

it had reviewed Oklahoma's proposal on sampling techniques for row

crops on prime farmland. The SCS also referred Oklahoma to Dr. James

Stiegler at the Oklahoma State University for technical evaluation of

its statistical methods of sampling. Oklahoma submitted a letter from

the Dr. James Stiegler dated April 24, 1996. In this letter, Dr.

Stiegler stated:

I have looked over the material that you have provided to me

regarding the statistical adequacy of using test plots to prove the

productivity of reclaimed soils. The method of selecting and

sampling of the test plots as described will result in valid data to

support soil productivity.

III. Public Comment Procedures

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

comments on whether the additional information and documentation

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

we approve the amendment, it will become part of the Oklahoma 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 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 Tulsa Field Office.

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. OK-026-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 Tulsa Field Office at (918)

581-6430.

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.s.t. on

November 8, 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.

To assist the transcriber and ensure an accurate record, we request

that you provide us with a written copy of your testimony. 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 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

[[Page 56985]]

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 936

Intergovernmental relations, Surface mining, Underground mining.

Dated: October 15, 1999.

Richard J. Seibel,

Acting Regional Director, Mid-Continent Regional Coordinating Center.

[FR Doc. 99-27671 Filed 10-21-99; 8:45 am]

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