PSC adopts revised revegetation standards allowing USDA RMA yield data

The North Dakota Public Service Commission voted Aug. 7 to adopt updates to the state’s revegetation success standards used to demonstrate reclamation success on surface coal mine lands. Commissioner Randy Christman moved the order and commissioners voted unanimously to adopt changes proposed by the reclamation division. The revisions add the U.S. Department of Agriculture Risk Management Agency (RMA) county yield data as an alternative source for cropland, hayland and tame pasture yield comparisons where the North Dakota Agricultural Statistics Service data are unavailable. Commission staff told the commission that Ag Statistics Service county yields historically depended on voluntary farmer reports, and that Mercer County and statewide data have been incomplete in recent years; in 2024 no statewide Ag Statistics Service data will be published due to lack of funding. The RMA data, the staff said, are collected in connection with crop insurance and are not voluntary in the same way. The commission record shows the reclamation division solicited comments from industry and agencies, including the Office of Surface Mining, by formal notice on May 8 and received no comments during the 30‑day comment period ending June 9. The revised policy updates four sections of the pre‑ and post‑mining vegetative assessments document and also updates ecological site and forage suitability group tables. The commission’s action allows mine operators to rely on RMA county yield data when Ag Statistics Service data are not available, which the reclamation division said will help operators demonstrate revegetation success for bond release. Staff emphasized that mines may continue to use on‑site control or reference areas for comparisons if appropriate, and that use of RMA data is an alternative, not a mandatory replacement. The commission adopted the order with no recorded dissent.