Texas Regulatory Program, 34251-34255 [E6-9286]

Agencies

• DEPARTMENT OF THE INTERIOR
• Office of Surface Mining Reclamation and Enforcement
• Surface Mining Reclamation and Enforcement Office

[Federal Register Volume 71, Number 114 (Wednesday, June 14, 2006)]
[Rules and Regulations]
[Pages 34251-34255]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9286]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 943

[Docket No. TX-054-FOR]


Texas Regulatory Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are approving an amendment to the Texas regulatory program 
(Texas program) under the Surface Mining Control and Reclamation Act of 
1977 (SMCRA or the Act). Texas proposed to revise its fish and wildlife 
habitat revegetation guidelines by adding technical guidelines and 
management practices concerning habitat suitable for bobwhite quail and 
other grassland bird species. Texas intends to revise its program to 
encourage reclamation practices that are suitable for bobwhite quail 
and other grassland bird species.

DATES: Effective Date: June 14, 2006.

FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Director, Tulsa 
Field Office. Telephone: (918) 581-6430. E-mail: mwolfrom@osmre.gov.

SUPPLEMENTARY INFORMATION:

I. Background on the Texas Program
II. Submission of the Amendment
III. OSM's Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. Procedural Determinations

I. Background on the Texas Program

    Section 503(a) of the Act permits a State to assume primacy for the 
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that 
its State program includes, among other things, ``a State law which 
provides for the regulation of surface coal mining and reclamation 
operations in accordance with the requirements of this Act * * *; and 
rules and regulations consistent with regulations issued by the 
Secretary pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On 
the basis of these criteria, the Secretary of the Interior 
conditionally approved the Texas program effective February 16, 1980. 
You can find background information on the Texas program, including the 
Secretary's findings, the disposition of comments, and the conditions 
of approval, in the February 27, 1980, Federal Register (45 FR 12998). 
You can find later actions on the Texas program at 30 CFR 943.10, 
943.15, and 943.16.

II. Submission of the Amendment

    By letter dated July 26, 2005 (Administrative Record No. TX-659), 
Texas sent us an amendment to its program under SMCRA (30 U.S.C. 1201 
et seq.). Texas sent the amendment at its own initiative.
    We announced receipt of the proposed amendment in the August 31, 
2005, Federal Register (70 FR 51689). 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. We did not hold a 
public hearing or meeting because no one requested one.
    During our review of the amendment, we identified concerns relating 
to Texas' revegetation guidelines document at Section V.D.1., Fish and 
Wildlife Habitat; Section V.D.2., Woody-Plant Stocking; Appendix B, 
Summary of Revegetation Success Standards (Fish and Wildlife Habitat 
Only); and Attachment 2, Minimum Woody Vegetation Stocking Rates. We 
notified Texas of the concerns by letters dated October 17, 2005, and 
February 8, 2006 (Administrative Record Nos. TX-659.07 and TX-659.13). 
On January 12 and March 10, 2006, Texas sent us revisions to its 
amendment (Administrative Record Nos. TX-659.11 and TX-659.12).
    Based on Texas' revisions to its amendment, we reopened the public 
comment period in the April 21, 2006, Federal Register (71 FR 20602). 
The public comment period ended on May 8, 2006. We received comments 
from one industrial group, one mining association, one State agency, 
and one Federal agency.

III. OSM's Findings

    Following are the findings we made concerning the amendment under 
SMCRA and the Federal regulations at 30 CFR 732.15 and 732.17. We are 
approving the amendment as described below. Any revisions that we do 
not specifically discuss below concern nonsubstantive wording or 
editorial changes.

A. Section V. Revegetation Success Standards

    At the request of the Texas Parks and Wildlife Department (TPWD), 
Texas proposed to revise the following provisions in Section V of its 
August 1999 revegetation success guidelines document.
1. Table of Contents
    Texas revised the Table of Contents for Section V.D. Fish and 
Wildlife by adding two sub-categories entitled ``General Category'' and 
``Bobwhite Quail and Other Grassland Bird Species.''
    Because these changes are minor, we find that they will not make 
Texas' revegetation success guidelines document less effective than the 
corresponding Federal regulation at 30 CFR 816.116(a)(1). This Federal 
regulation requires that standards for success and statistically valid 
sampling techniques for measuring success be selected by the regulatory 
authority and included in an approved regulatory program.
2. Section V.D.1. Fish and Wildlife Habitat--Ground Cover
    At Section V.D.1., Texas added a ground cover technical standard 
for bobwhite quail and other grassland bird species and added other 
associated changes. Texas also made some minor clarifying changes to 
existing provisions.
    a. Texas changed the heading of the third paragraph from ``Use of 
Technical Standard'' to ``Use of General Technical Standard.''
    Because this change is minor, we find that it will not make Texas' 
revegetation success guidelines document less effective than the 
corresponding Federal regulation at 30 CFR 816.116(a)(1).
    b. Use of Bobwhite Quail and Other Grassland Bird Species Technical 
Standard.
    (1) Texas proposed to add two new paragraphs concerning the 
technical standard for bobwhite quail and other grassland bird species. 
They read as follows:
    Use of Bobwhite Quail and Other Grassland Bird Species Technical 
Standard. The technical standard is 63% to 70% ground cover.
    Erosion of landscapes is a natural process dependent on relief, 
type of geologic material, precipitation, and vegetative cover. 
Appropriate reclamation land use planning takes these factors into 
account and will ensure that in all cases ground cover will be 
adequate to control erosion.


[[Page 34252]]


    (2) Texas revised the second, third, and fourth sentence of the 
paragraph entitled ``Statistical Comparison'' to read as follows:

    The success standard for Bobwhite Quail habitat ground cover 
reflects a range since the technical standard is expressed as a 
range with a lower and upper value. For this habitat the success 
standard range is reflected by the lowest value of 57% [63% x 0.9] 
and the highest value of 77% [70% x 1.1]
    If the reclaimed area ground cover is equal to or greater than 
the lowest acceptable value, or in the case of Bobwhite Quail 
habitat also equal to or less than the highest acceptable value, 
there is no need to calculate a confidence interval (in this case, 
the reclaimed area will have met the revegetation success standard).
    If the reclaimed area ground cover does not meet the acceptable 
value(s), perform a hypothesis test, using a one-sided 90% 
confidence interval (see Appendix A, bionomically-distributed data).

    During our technical review, we found that the optimal habitat for 
bobwhite quail and many native grassland bird species is comprised of 
native warm season grasses with an approximate 63 to 70 percent ground 
cover density. This cover standard is recognized by past research and 
agencies with wildlife management responsibilities within the State of 
Texas. The technical standard for this habitat cover reflects a value 
range since the standard is expressed as a range with a lower and upper 
value. The 63 to 70 percent cover standard increases habitat 
suitability for game birds and allows flexibility to ensure erosion 
control and soil stabilization. Based on our technical review, we find 
that Texas' proposed technical standard meets the requirements of 30 
CFR 816.116(a) and 816.116(b)(3)(iii). These regulations provide that 
success of revegetation must be judged on the effectiveness of the 
vegetation for the approved postmining land use. We, also, find that 
Texas' statistical comparison proposal is no less effective than 30 CFR 
816.116(a)(2), which states, in part, that groundcover will be 
considered equal to the approved success standard when it is not less 
than 90 percent of the success standard. We further find that Texas' 
provision concerning erosion of landscapes will ensure that in all 
cases ground cover will be adequate to control erosion. Therefore, we 
are approving all the changes that Texas proposed for Section V.D.1.
3. Section V.D.2. Fish and Wildlife Habitat--Woody-Plant Stocking
    Texas added the following new paragraph under the heading ``Use of 
Technical Standards.''

    Motte locations planted to support Bobwhite Quail and other 
grassland bird species habitat shall be mapped at the time of 
planting. The success of woody plant stocking (stem count) will be 
based on meeting or exceeding the technical standard for motte 
density per acre and by counting the number of stems per motte.

    We find that the above paragraph is no less effective than the 
Federal regulation at 30 CFR 816.116(b)(3)(i), which requires that 
minimum stocking and planting arrangements be specified by the 
regulatory authority on the basis of local and regional conditions and 
after consultation with and approval by the State agencies responsible 
for the administration of forestry and wildlife programs. Attachment 2, 
which is discussed below, contains the minimum woody vegetation 
stocking rates and planting standards for mottes. Texas requires 
consultation and approval on a permit-specific basis. Therefore, we are 
approving Section V.D.2.

B. Appendix B Summary of Revegetation Success Standards--Fish and 
Wildlife Habitat Only

    Texas revised revegetation parameters and performance standards for 
the ground cover and woody-plant stocking rate sections of the table in 
Appendix B.
    1. The first paragraph of the ground cover portion of the table is 
revised by adding the word ``General.'' The revised paragraph reads as 
follows:

    90% of the Following General Technical Standard: 78%

    2. Texas proposed to add a second paragraph to the ground cover 
portion of the table that reads as follows:

    90% (lower limit) and 110% (upper limit) of the following 
Bobwhite Quail and [Other] Grassland Bird Species Technical 
Standard: 63%-70%

    3. Texas revised the first paragraph of the Woody-Plant Stocking 
Rate portion of the table as follows:

    90% of the Following Technical Standard except for mottes used 
to support Bobwhite Quail and [Other] Grassland Bird Species the 
standard for which is based on meeting or exceeding the following 
Technical Standard:
    Site-specific success standards will be developed by the 
permittee through consultation with the Texas Parks and Wildlife 
Department. Standards will be approved by the Texas Parks and 
Wildlife Dept.

    We find that the above revisions and addition are no less effective 
than the Federal regulation at 30 CFR 816.116(b)(3). Therefore, we are 
approving the changes made to Appendix B.

C. Attachment 2--Texas Parks and Wildlife Department (TPWD) 
Recommendations for the Development of Success Standards for Woody-
Plant Stocking Rates

    Texas made changes to the ``Minimum Woody Vegetation Stocking 
Rates'' table that is included in Attachment 2. The current table 
pertains to all fish and wildlife land use habitat categories. The 
revised table will include a general fish and wildlife land use habitat 
category and a specific fish and wildlife land use habitat category for 
bobwhite quail and other grassland bird species.
1. General Wildlife Land Type Category and Stocking Rates/Planting 
Standards
    a. Texas added the headings ``General Wildlife Land Type Category'' 
and ``Stocking Rates/Planting Standards'' to the existing table.
    b. Under the ``General Wildlife Land Type Category'' heading, Texas 
added the language ``(See Note 1)'' after the subheading of 
``Hardwood.'' Texas added ``Note 1'' to the bottom of the revised 
table. It reads as follows: ``Note 1: Up to 30% of the planting 
standard can be pine. Longleaf pine is preferred, with native warm 
season grasses interspersed.'' Texas also removed the subheading of 
``Pine'' along with the ``Statewide'' designation. Under the Stocking 
Rates/Planting Standards heading, Texas removed the language ``0 stems 
per acre'' for pine.
2. Fish & Wildlife Habitat--Bobwhite Quail and Other Grassland Bird 
Species and Stocking Rates/Planting Standards
    Texas added to the existing ``Minimum Woody Vegetation Stocking 
Rates'' table, as shown below, a new land use habitat category for 
bobwhite quail and other grassland bird species and the associated 
stocking rates and planting standards.

----------------------------------------------------------------------------------------------------------------
   Fish & Wildlife Habitat--Bobwhite
    Quail and  other grassland bird                         Stocking rates/planting standards
                species
----------------------------------------------------------------------------------------------------------------
Native Brush:

[[Page 34253]]

 
    Statewide--Mottes.................  a. density of 2 mottes per acre.
                                        b. mottes 30-50 feet in diameter.
                                        c. 125 stems per motte or 250 stems per acre.
Hardwood or Pine Statewide............  0 to a maximum 20 stems per acre.
----------------------------------------------------------------------------------------------------------------

    During our technical review, we found that Texas' changes to the 
``Minimum Woody Vegetation Stocking Rates'' table meet the requirements 
in the Texas Agricultural Extension Service, Publication L-5196. We 
further find that the ``Minimum Woody Vegetation Stocking Rates'' table 
is no less effective than the Federal regulation at 30 CFR 
816.116(b)(3)(i). This Federal regulation requires that minimum 
stocking and planting arrangements be specified by the regulatory 
authority on the basis of local and regional conditions and after 
consultation with and approval by the State agency responsible for the 
administration of wildlife programs. In this case, the State agency is 
the Texas Parks and Wildlife Department. Therefore, we are approving 
the revisions made by Texas to the ``Minimum Woody Vegetation Stocking 
Rates'' table.

D. Normal Husbandry Practices for Surface-Mined Lands in Texas

    1. Texas revised the Table of Contents by adding ``Bobwhite Quail 
and Other Grassland Bird Species Habitat Management Practices'' to 
Section IV.E. Fish and Wildlife Habitat.
    2. Texas revised Section IV.E. Fish and Wildlife Habitat by adding 
the following technical guidelines for ``Bobwhite Quail and Other 
Grassland Bird Species Habitat Management Practices'': Native Grass and 
Forb Restoration; Grazing, Patch Burning; Strip Discing; Brush 
Management; Prescribed Burning; and Bobwhite Ecology and Management.
    Texas submitted revisions to its revegetation success guidelines 
document that describes the normal husbandry practices for managing 
bobwhite quail and other grassland bird species habitat that may be 
used by the permittee during the period of responsibility for 
revegetation success and bond liability without restarting the extended 
responsibility period. The Texas Coal Mining Regulation at 16 TAC 
12.395(c)(4) allows Texas to approve selective husbandry practices 
provided it obtains prior approval from OSM that the practices are 
normal husbandry practices. The Federal regulation at 30 CFR 
816.116(c)(4) allows each regulatory authority to approve selective 
husbandry practices as normal husbandry practices, excluding augmented 
seeding, fertilization, or irrigation, provided it obtains prior 
approval for the practices from OSM in accordance with 30 CFR 732.17. 
These normal husbandry practices may be implemented without extending 
the period of responsibility for revegetation success and bond 
liability if such practices can be expected to continue as part of the 
postmining land use or if discontinuance of the practices after the 
liability period expires will not reduce the probability of permanent 
revegetation success. Approved practices must be normal husbandry 
practices within the region for unmined lands having land uses similar 
to the approved postmining land use of the disturbed area, including 
any pruning, reseeding, and transplanting needed because of these 
practices.
    As discussed in the findings above, we find that the normal 
husbandry practices contained in Texas' revegetation success guidelines 
document satisfy the requirements of 30 CFR 816.116(c)(4).

IV. Summary and Disposition of Comments

Public Comments

    We asked for public comments on the amendment, and we received 
comments from one industrial group, one mining association, and one 
State agency. All the commenters agreed with the amendment.
    On September 26, 2005, TXU Power (TXU) and on September 29, 2005, 
Texas Mining and Reclamation Association (TMRA) commented on the 
proposed amendment (Administrative Record Nos. TX-659.04 and TX-
659.05). TXU and TMRA commented that the reestablishment of vegetation 
and post-mine land use on mined land in Texas offers a unique 
opportunity for the creation of habitat for the benefit of upland and 
grassland bird species. They both commented that the proposed changes 
are based on the biology, ecology, and habitat requirements of bobwhite 
quail and other grassland bird species. They believed these changes 
will increase flexibility in revegetation options and make grassland 
bird habitat a viable post-mine land use alternative.
    On October 4, 2005, TPWD commented on the proposed amendment 
(Administrative Record No. TX-659.06). TPWD commented that it 
coordinated this effort for over two years with TMRA, Texas Department 
of Agriculture, Texas Quail Technical Support Committee, Texas Quail 
Council, and U.S. Fish and Wildlife Service (FWS). TPWD stated that 
each of these groups is concerned that bobwhite quail and other 
grassland bird species are experiencing a downward trend in population, 
primarily due to declining native grassland habitats. They all see this 
as an opportunity to work on establishment of early successional and 
grassland habitats on reclaimed mine lands in Texas to assist in the 
recovery of these species. The TPWD further commented that the 
flexibility that is proposed in these revisions will allow mine 
companies to reclaim areas in native vegetation that is more suitable 
to these birds as well as other grassland species. This will provide 
opportunity for thousands of acres to be reclaimed in Texas for the 
benefit of these species.
    We agree with all of the commenters; see our findings above 
approving the amendment.

Federal Agency Comments

    On August 10, 2005, and March 24, 2006, under 30 CFR 
732.17(h)(11)(i) and section 503(b) of SMCRA, we requested comments on 
the amendment from various Federal agencies with an actual or potential 
interest in the Texas program (Administrative Record Nos. TX-659.01 and 
TX-659.14). FWS responded on September 6, 2005 (Administrative Record 
No. TX-659.02), that it provided input to TPWD during the development 
of the proposed revegetation guidelines. FWS also stated that it 
believed these new guidelines will make it easier for mining companies 
in Texas to use native grasses and forbs in their revegetation projects 
and recommend they be approved as proposed.
    We agree with FWS; see our findings above approving the amendment.

Environmental Protection Agency (EPA) Concurrence and Comments

    Under 30 CFR 732.17(h)(11)(ii), we are required to get a written 
concurrence

[[Page 34254]]

from EPA for those provisions of the program amendment that relate to 
air or water quality standards issued 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 Texas proposed to make in this 
amendment pertain to air or water quality standards. Therefore, we did 
not ask EPA to concur on the amendment.
    On August 10, 2005, and March 24, 2006, under 30 CFR 
732.17(h)(11)(i), we requested comments on the amendment from the EPA 
(Administrative Record Nos. TX-659.01 and TX-659.14). 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 amendments that may have an effect on historic 
properties. On August 10, 2005, and March 24, 2006, we requested 
comments on Texas' amendment (Administrative Record Nos. TX-659.01 and 
TX-659.14), but neither responded to our request.

V. OSM's Decision

    Based on the above findings, we approve the amendment Texas sent us 
on July 26, 2005, and as revised on January 12, 2006, and March 10, 
2006.
    To implement this decision, we are amending the Federal regulations 
at 30 CFR part 943, which codify decisions concerning the Texas 
program. We find that good cause exists under 5 U.S.C. 553(d)(3) to 
make this final rule effective immediately. Section 503(a) of SMCRA 
requires that the State's program demonstrate that the State has the 
capability of carrying out the provisions of the Act and meeting its 
purposes. Making this rule effective immediately will expedite that 
process. SMCRA requires consistency of State and Federal standards.

VI. Procedural Determinations

Executive Order 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis performed for the counterpart Federal 
regulations.

Executive Order 12866--Regulatory Planning and Review

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12866.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 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 because 
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 
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.

Executive Order 13132--Federalism

    This rule does not have Federalism implications. SMCRA delineates 
the roles of the Federal and State governments with regard to the 
regulation of surface coal mining and reclamation operations. One of 
the purposes of SMCRA is to ``establish a nationwide program to protect 
society and the environment from the adverse effects of surface coal 
mining operations.'' Section 503(a)(1) of SMCRA requires that State 
laws regulating surface coal mining and reclamation operations be ``in 
accordance with'' the requirements of SMCRA, and section 503(a)(7) 
requires that State programs contain rules and regulations ``consistent 
with'' regulations issued by the Secretary pursuant to SMCRA.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have evaluated the 
potential effects of this rule on Federally-recognized Indian tribes 
and have determined that the rule does not have substantial direct 
effects on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes. 
This determination is based on the fact that the Texas program does not 
regulate coal exploration and surface coal mining and reclamation 
operations on Indian lands. Therefore, the Texas program has no effect 
on Federally-recognized Indian tribes.

Executive Order 13211--Regulations That Significantly Affect the 
Supply, Distribution, or Use of Energy

    On May 18, 2001, the President issued Executive Order 13211 which 
requires agencies to prepare a Statement of Energy Effects for a rule 
that is (1) considered significant under Executive Order 12866, and (2) 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Because this rule is exempt from review 
under Executive Order 12866 and is not expected to have a significant 
adverse effect on the supply, distribution, or use of energy, a 
Statement of Energy Effects is not required.

National Environmental Policy Act

    This rule does not require an environmental impact statement 
because 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)).

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 certifies 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 
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. 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.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not 
have an annual effect on the economy of $100 million; (b) Will not 
cause a major increase in costs or prices for consumers,

[[Page 34255]]

individual industries, Federal, State, or local government agencies, or 
geographic regions; and (c) Does not have significant adverse effects 
on competition, employment, investment, productivity, innovation, or 
the ability of U.S.-based enterprises to compete with foreign-based 
enterprises. This determination is based upon the fact that the State 
submittal, which is the subject of this rule, is based upon counterpart 
Federal regulations for which an analysis was prepared and a 
determination made that the Federal regulation was not considered a 
major rule.

Unfunded Mandates

    This rule will not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of $100 million or more in any 
given year. This determination is based upon the fact that the State 
submittal, which is the subject of this rule, is based upon counterpart 
Federal regulations for which an analysis was prepared and a 
determination made that the Federal regulations did not impose an 
unfunded mandate.

List of Subjects in 30 CFR Part 943

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: May 18, 2006.
Ervin J. Barchenger,
Acting Regional Director, Mid-Continent Region.

0
For the reasons set out in the preamble, 30 CFR part 943 is amended as 
set forth below:

PART 943--TEXAS

0
1. The authority citation for part 943 continues to read as follows:

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


0
2. Section 943.15 is amended in the table by adding a new entry in 
chronological order by ``Date of final publication'' to read as 
follows:


Sec.  943.15  Approval of Texas regulatory program amendments.

* * * * *

------------------------------------------------------------------------
    Original amendment           Date of final            Citation/
     submission date              publication            description
------------------------------------------------------------------------
 
                              * * * * * * *
July 26, 2005............  June 14, 2006...........  Procedures and
                                                      Standards for
                                                      Determining
                                                      Revegetation
                                                      Success on Surface-
                                                      Mined Lands in
                                                      Texas--Table of
                                                      Contents; Section
                                                      V.D.1., D.2.;
                                                      Appendix B;
                                                      Attachment 2;
                                                      Normal Husbandry
                                                      Practices for
                                                      Surface-Mined
                                                      Lands in Texas--
                                                      Table of Contents;
                                                      Section IV.E.
------------------------------------------------------------------------

[FR Doc. E6-9286 Filed 6-13-06; 8:45 am]
BILLING CODE 4310-05-P