[Federal Register Volume 65, Number 103 (Friday, May 26, 2000)]
[Rules and Regulations]
[Pages 34092-34094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13246]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[SPATS No. IN-147-FOR]


Indiana Regulatory Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is approving an amendment to the Indiana regulatory program (Indiana 
program) under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA). Indiana proposed revisions to its statutes that would allow 
the use of money from its post-1977 abandoned mine reclamation fund, 
under specified circumstances, to replace domestic water supplies 
disrupted or affected by surface coal mining and reclamation 
operations. Indiana intends to revise its program in order to provide 
additional protection to society and the environment from the adverse 
effects of surface coal mining operations.

EFFECTIVE DATE: May 26, 2000.

FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Director, 
Indianapolis Field Office, Office of Surface Mining, Minton-Capehart 
Federal Building, 575 North Pennsylvania Street, Room 301, 
Indianapolis, Indiana 46204-1521. Telephone (317) 226-6700. Internet: 
[email protected].

SUPPLEMENTARY INFORMATION:   

I. Background on the Indiana Program
II. Submission of the 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. You can find background information on 
the Indiana program, including the Secretary's findings, the 
disposition of comments, and the conditions of approval in the July 26, 
1982 Federal Register (47 FR 32107). You can find later actions on the 
Indiana program at 30 CFR 914.10, 914.15, 914.16, and 914.17.

II. Submission of the Amendment

    By letter dated February 25, 2000 (Administrative Record No. IND-
1686), the Indiana Department of Natural Resources (department) sent us 
an amendment to its program under SMCRA and the Federal regulations at 
30 CFR 732.17(b). The department sent the amendment at its own 
initiative. The amendment concerns revisions to the Indiana Surface 
Coal Mining and Reclamation Act at Indiana Code (IC) 14-34-6-15. The 
revisions made to IC 14-34-6-15 will allow the department to use money 
from its post-1977 abandoned mine reclamation fund to replace domestic 
water supplies disrupted or affected by surface coal mining and 
reclamation operations.
    We announced receipt of the amendment in the March 9, 2000, Federal 
Register (65 FR 12492). 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. The public comment period 
closed on April 10, 2000. Because no one requested a public hearing or 
meeting, we did not hold one.

III. Director's Findings

    Following, under SMCRA and the Federal regulations at 30 CFR 732.15 
and 732.17, are our findings concerning the amendment.

IC 14-34-6-15  Abandoned Mine Reclamation Fund

    Indiana revised IC 14-34-6-15(b) and (c) to read as follows:

    (b) The post-1977 abandoned mine reclamation fund is 
established. The fund consists of bond forfeiture money collected 
under section 16 of this chapter and the civil penalties described 
in IC 14-34-16-9. The fund may be used as follows:
    (1) To effect the restoration of land not otherwise eligible for 
federal funding on which there has been surface mining activity 
after August 3, 1977.
    (2) To replace domestic water supplies disrupted or affected by 
a surface coal mining and reclamation operation, including the 
disposal of coal combustion waste (as defined in IC 13-19-3-3), 
where the surface coal mining and reclamation operation has been 
completed and is no longer subject to IC 14-34.
    The money held for this purpose may not exceed an amount 
established by the department that is sufficient to enable the 
director to cover the anticipated cost of restoration.
    (c) At least five hundred thousand dollars ($500,000) in the 
fund is dedicated as collateral for the bond pool under IC 14-34-8 
and may not be used for the restoration of land or replacement of 
water described in subsection (b).

    Indiana's post-1977 abandoned mine reclamation fund (fund) consists 
of both bond forfeiture and civil penalty monies. However, only the 
monies collected for civil penalties may be used for the purposes 
specified in IC 14-34-6-15(b). Under IC 14-34-6-16(f), the bond 
forfeiture monies are to be used solely for the purpose of reclaiming 
the forfeiture sites to which the bonds apply. Under IC 14-34-6-16(d), 
any excess forfeited bond money must be returned to the person from 
whom the amount was received. Under IC 14-34-6-15(b)(1), the civil 
penalty money in the fund may be used to restore land affected by 
surface mining activity after August 3, 1977, if the land is not 
eligible for Federal funding. Under the new provision at IC 14-34-6-
15(b)(2), the civil penalty money in the fund may be used to replace 
domestic water supplies disrupted or affected by a surface coal mining 
and reclamation operation, if the operation is completed and is no 
longer subject to the requirements of the Indiana program under IC 14-
34. Indiana revised its exception provision at IC 14-34-6-15(c) to 
clarify that the $500,000 that is dedicated as collateral for the 
Indiana bond pool may not be

[[Page 34093]]

used for replacement of water. The Federal regulation at 30 CFR 
845.21(a) authorizes the expenditure of money collected from the 
assessment of civil penalties under section 518 of SMCRA for 
reclamation of lands adversely affected by coal mining practices after 
August 3, 1977. The Federal regulation is silent regarding the use of 
Federal civil penalty money to replace domestic water supplies. 
However, section 518(i) of SMCRA does not place conditions on the use 
of money collected by the States from the assessment of civil 
penalties. Nor is there a requirement in SMCRA or the Federal 
regulations that State programs include rules comparable to 30 CFR 
845.21. Therefore, we find that Indiana's revised statutory 
requirements at IC 14-34-6-15(b) and (c) are not inconsistent with the 
requirements of section 518(i) of SMCRA or the Federal regulations at 
30 CFR 845.21. We are approving the proposed revisions to IC 14-34-6-
15.

IV. Summary and Disposition of Comments

Federal Agency Comments

    On March 2, 2000, under section 503(b) of SMCRA and 30 CFR 
732.17(h)(11)(i) of the Federal regulations, we requested comments on 
the amendment from various Federal agencies with an actual or potential 
interest in the Indiana program (Administrative Record No. IND-1688). 
We did not receive any comments.

Environmental Protection Agency (EPA)

    Under 30 CFR 732.17(h)(11)(ii), we are required to obtain the 
written concurrence of the 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 
Indiana proposed to make in this amendment pertain to air or water 
quality standards. Therefore, we did not ask the EPA for its 
concurrence.
    On March 2, 2000, under 30 CFR 732.17(h)(11)(i), we requested 
comments on the amendment from the EPA (Administrative Record No. IND-
1688). 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 for amendments that may have an effect on historic 
properties. On March 2, 2000, we requested comments on Indiana's 
amendment (Administrative Record No. IND-1688), but neither responded 
to our request.

Public Comments

    OSM requested public comments on the proposed amendment, but did 
not receive any.

V. Director's Decision

    Based on the above findings, we approve the amendment as sent to us 
by Indiana on February 25, 2000.
    To implement this decision, we are amending the Federal regulations 
at 30 CFR Part 914, which codify decisions concerning the Indiana 
program. We are making this final rule effective immediately to 
expedite the State program amendment process and to encourage Indiana 
to bring its program into conformity with the Federal standards. SMCRA 
requires consistency of State and Federal standards.

VI. Procedural Determinations

Executive Order 12866--Regulatory Planning and Review

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

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 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 under SMCRA.

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, 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 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

    Section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that a 
decision on a proposed State regulatory program provision does not 
constitute a major Federal action within the meaning of section 
102(2)(C) of the National Environmental Policy Act (NEPA) (42 U.S.C. 
4332(2)(C)). A determination has been made that such decisions are 
categorically excluded from the NEPA process (516 DM 8.4.A).

Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by the Office of Management and Budget 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 
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. 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 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

[[Page 34094]]

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, individual industries, federal, state, or local government 
agencies, or geographic regions.
    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 a cost of $100 million or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 914

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: May 12, 2000.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.

    For the reasons set out in the preamble, 30 CFR Part 914 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 in the table by adding a new entry in 
chronological order by ``Date of final publication'' to read as 
follows:


Sec. 914.15  Approval of Indiana regulatory program amendments.

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------------------------------------------------------------------------
     Original amendment           Date of final
       submission date             publication      Citation/description
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      *                   *                   *                   *
           *                  *                   *
February 25, 2000...........  May 26, 2000........  IC 14-34-6-15(b) and
                                                     (c).
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[FR Doc. 00-13246 Filed 5-25-00; 8:45 am]
BILLING CODE 4310-05-P