[Federal Register Volume 61, Number 68 (Monday, April 8, 1996)]
[Rules and Regulations]
[Pages 15378-15380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8630]



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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[SPATS No. IN-132-FOR; State Program Amendment No. 95-10]


Indiana Regulatory Program

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


[[Page 15379]]

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is approving a proposed amendment to the Indiana 
regulatory program (hereinafter referred to as the ``Indiana program'') 
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). 
The amendment consists of the recodification of the Indiana Surface 
Coal Mining and Reclamation Act, and it represents the Indiana 
Legislative Services Agency's effort to streamline and simplify Indiana 
natural resources law placing all such provisions in Title 14.

EFFECTIVE DATE: April 8, 1996.

FOR FURTHER INFORMATION CONTACT:
Mr. Roger W. Calhoun, Director, Indianapolis Field Office, Office of 
Surface Mining Reclamation and Enforcement, Minton-Capehart Federal 
Building, 575 North Pennsylvania Street, Room 301, Indianapolis, 
Indiana 46204-1521, Telephone (317) 226-6700.

SUPPLEMENTARY INFORMATION: 

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

I. Background on the Indiana Program

    On July 29, 1982, the Secretary of the Interior conditionally 
approved the Indiana program. Background information on the Indiana 
program, including the Secretary's findings, the disposition of 
comments, and the conditions of approval can be found in the July 26, 
1982, Federal Register (47 FR 32107). Subsequent actions concerning the 
conditions of approval and program amendments can be found at 30 CFR 
914.10, 914.15, and 914.16.

II. Submission of the Proposed Amendment

    By letter dated September 11, 1995 (Administrative Record No. IND-
1508), Indiana submitted a proposed amendment to its program pursuant 
to SMCRA. Indiana submitted the proposed amendment at its own 
initiative. Indiana proposed recodification of the Indiana Surface Coal 
Mining and Reclamation Act (ISCMRA), Title 13 of the Indiana Code (IC) 
13-4.1, as enacted by the Indiana General Assembly under 1995 House 
Enrolled Act 1047 (HEA 1047). HEA 1047 was signed into law by Governor 
Evan Bayh on May 10, 1995. HEA repealed IC 13-4.1 and recodified its 
substantive provisions at Title 14 of the Indiana Code (IC) 14-34. 
Editorial changes, including minor structural and grammatical changes, 
were made throughout the recodified statutes. Indiana, also, submitted 
IC 14-8 which contains several definitional sections, including some 
previously contained in IC 13-4.1, and savings provisions which state 
that HEA 1047 is not intended to enact a substantive change to pre-
existing law, nor affect any rules promulgated, or rights or 
liabilities accrued, under the authority of prior law. There were no 
substantive revisions proposed by Indiana.
    OSM announced receipt of the proposed amendment in the January 22, 
1996, Federal Register (61 FR 1546), and in the same document opened 
the public comment period and provided an opportunity for a public 
hearing on the adequacy of the proposed amendment. The public comment 
period closed on February 21, 1996.

III. Director's Findings

    Set forth below, pursuant to SMCRA and the Federal regulations at 
30 CFR 732.15 and 732.17, is the Director's finding concerning the 
proposed amendment.
    Indiana's proposed amendment concerns the recodification of the 
Indiana Surface Coal Mining and Reclamation Act (SCMRA), Title 13 of 
the Indiana Code (IC) 13-4.1, as enacted by the Indiana General 
Assembly under 1995 House Enrolled Act 1047 (HEA 1047). HEA 1047 was 
signed into law by Governor Evan Bayh on May 10, 1995. HEA repealed IC 
13-4.1 and recodified its substantive provisions at Title 14 of the 
Indiana Code (IC) 14-8 and 14-34. Indiana's proposed recodification of 
its statutes is nonsubstantive in nature, and the Director finds that 
the recodification does not render its statutes less stringent than 
SMCRA.

IV. Summary and Disposition of Comments

Public Comments

    The Director solicited public comments and provided an opportunity 
for a public hearing on the proposed amendment. No public comments were 
received, and because no one requested an opportunity to speak at a 
public hearing, no hearing was held.

Federal Agency Comments

    Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited 
comments on the proposed amendment from various Federal agencies with 
an actual or potential interest in the Indiana program. Responding by 
letter, the Natural Resources Conservation Service stated it had 
reviewed the proposed amendment and had no comments (Administrative 
Record No. IND-1516). No other comments were received.

Environmental Protection Agency (EPA)

    Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the 
written concurrence of the EPA with respect to those provisions of the 
proposed program amendment that relate to air or water quality 
standards promulgated 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 Indiana proposed to make in this amendment 
pertain to air or water quality standards. Therefore, OSM did not 
request EPA's concurrence.
    Pursuant to 732.17(h)(11)(i), OSM solicited comments on the 
proposed amendment from EPA (Administrative Record No. Ind-1513). It 
did not respond to OSM's request.

State Historical Preservation Officer (SHPO) and the Advisory Council 
on Historic Preservation (ACHP)

    Pursuant to 30 CFR 732.17(h)(4), OSM is required to solicit 
comments on proposed amendments which may have an effect on historic 
properties from the SHPO and ACHP. OSM solicited comments on the 
proposed amendment from the SHPO and ACHP (Administrative Record No. 
Ind-1513). Neither SHPO nor ACHP responded to OSM's request.

V. Director's Decision

    Based on the above finding, the Director approves the proposed 
amendment as submitted by Indiana on September 11, 1995.
    The Federal regulations at 30 CFR part 914, codifying decisions 
concerning the Indiana program, are being amended to implement this 
decision. This final rule is being made effective immediately to 
expedite the State program amendment process and to encourage States to 
bring their programs into conformity with the Federal standards without 
undue delay. Consistency of State and Federal standards is required by 
SMCRA.

VI. Procedural Determinations

Executive Order 12866

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

Executive Order 12778

    The Department of the Interior has conducted the reviews required 
by section 2 of Executive Order 12778 (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

[[Page 15380]]
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 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.

National Environmental Policy Act

    No environmental impact statement is required for this rule since 
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 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. Accordingly, this rule will ensure that existing requirements 
previously promulgated 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.

List of Subjects in 30 CFR part 914

    Intergovernmental regulations, Surface mining, Underground mining.

    Dated: March 29, 1996.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.

    For the reasons set out in the preamble, Title 30, Chapter VII, 
Subchapter T, part 914 of the Code of Federal Regulations is amended as 
set forth below:

PART 914--INDIANA

    1. The authority citation for Part 914 continues to read as 
follows:

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

    2. Section 914.15 is amended by adding paragraph (ooo) to read as 
follows:


Sec. 914.15  Approval of regulatory program amendments.

* * * * *
    (ooo) Recodification of Indiana's statutes from IC 13-4.1 to IC 14-
8 and IC 14-34 as submitted to OSM on September 11, 1995, is approved 
effective April 8, 1996.

[FR Doc. 96-8630 Filed 4-5-96; 8:45 am]
BILLING CODE 4310-05-M