[Federal Register Volume 67, Number 156 (Tuesday, August 13, 2002)]
[Proposed Rules]
[Pages 52659-52662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20464]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 915

[IA-007-FOR]


Iowa Abandoned Mine Land Reclamation Plan

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

ACTION: Proposed rule; public comment period and opportunity for public 
hearing.

-----------------------------------------------------------------------

SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are announcing receipt of a proposed amendment to the Iowa 
abandoned mine land reclamation plan (Iowa plan) under the Surface 
Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The Iowa 
Department of Agriculture and Land Stewardship, Division of Soil 
Conservation (DSC) proposes to assume responsibility of the abandoned 
mine land reclamation (AMLR) emergency program in Iowa. DSC also 
proposes to revise its AMLR plan in response to a letter sent by OSM 
(Administrative Record No. AML-IA-39) and to update other portions of 
its AMLR plan to reflect current practices. Iowa intends to revise the 
Iowa plan to be consistent with the corresponding Federal regulations 
and to improve operational efficiency. In addition, we are including in 
this notice Iowa's proposal to revise its statute.
    This document gives the times and locations that the Iowa plan and 
the amendment to that plan are available for your inspection, the 
comment period during which you may submit written comments on the 
amendment, and the procedures that will be followed for the public 
hearing, if one is requested.

DATES: We will accept written comments on this amendment until 4 p.m., 
c.d.t., September 12, 2002. If requested, we will hold a public hearing 
on the amendment on September 9, 2002. We will accept requests to speak 
at a hearing until 4 p.m., c.d.t. on August 28, 2002.

ADDRESSES: You should mail or hand deliver written comments and 
requests to speak at the hearing to John W. Coleman, Mid-Continent 
Regional Coordinating Center, at the address listed below.
    You may review copies of the Iowa plan, 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 Mid-
Continent Regional Coordinating Center.
    John W. Coleman, Mid-Continent Regional Coordinating Center, Office 
of Surface Mining, Alton Federal Building, 501 Belle Street, Alton, 
Illinois 62002, Telephone: (618) 463-6460, Internet: 
[email protected].
    Iowa Department of Agriculture and Land Stewardship, Division of 
Soil Conservation, Henry A. Wallace Building, Des Moines, Iowa 50319, 
Telephone (515) 281-6147.

FOR FURTHER INFORMATION CONTACT: John W. Coleman, Mid-Continent 
Regional Coordinating Center. Telephone (618) 463-6460. Internet: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Iowa Plan

    The AMLR Program was established by Title IV of the Act (30 U.S.C. 
1201 et seq.) in response to concerns over extensive environmental 
damage caused by past coal mining activities. The program is funded by 
a reclamation fee collected on each ton of coal that is produced. The 
money collected is used to finance the reclamation of abandoned coal 
mines and for other authorized activities. Section 405 of the Act 
allows States and Indian Tribes to assume exclusive responsibility for 
reclamation activity within the State or on Indian lands if they 
develop and submit to the Secretary of the Interior for approval, a 
program (often referred to as a plan) for the reclamation of abandoned 
coal mines. On the basis of these criteria, the Secretary of the 
Interior approved the Iowa plan on March 28, 1983. You can find 
background information on the Iowa plan, including the Secretary's 
findings, the disposition of comments, and the approval of the plan in 
the March 28, 1983, Federal Register (48 FR 12711). You can find later 
actions concerning the Iowa plan and amendments to the plan at 30 CFR 
915.25.

II. Description of the Proposed Amendment

    By letter dated June 14, 2002 (Administrative Record No. AML-IA-
44), Iowa sent us a proposed amendment to its AMLR plan under SMCRA (30 
U.S.C. 1201 et seq.). Iowa sent the amendment at its own initiative and 
in response to a letter dated September 26, 1994 (Administrative Record 
No. AML-IA-39), that we sent to Iowa in accordance with 30 CFR 
884.15(d). Iowa intends to revise the Iowa plan to be consistent with 
the corresponding Federal regulations. In addition, Iowa proposes to 
revise its statute at Iowa Code, Chapter 207. Below is a summary of the 
changes proposed by Iowa. The full text of the amendment is available 
for your inspection at the locations listed above under ADDRESSES.

[[Page 52660]]

A. Iowa's Proposed AMLR Plan Revisions

    1. Section 410 of SMCRA authorizes the Secretary to use funds under 
the AMLR program to abate or control emergency situations in which 
adverse effects of past coal mining pose an immediate danger to the 
public health, safety, or general welfare. On September 29, 1982 (47 FR 
42729), we invited states to amend their AMLR plans for the purpose of 
undertaking emergency reclamation programs on our behalf. States would 
have to demonstrate that they have the statutory authority to undertake 
emergencies, the technical capability to design and supervise the 
emergency work, and the administrative mechanisms to quickly respond to 
emergencies either directly or through contractors.
    a. The following information, taken from the approved Iowa plan, is 
included by reference in Iowa's formal submission to us to verify that 
the Iowa DSC has the statutory authority to assume AMLR emergency 
program responsibilities:
    i. A letter from the Governor that designates the Iowa Department 
of Soil Conservation as the agency responsible for the AMLR Program in 
Iowa. By virtue of the state government reorganization in 1986, all the 
powers of the Department of Soil Conservation were transferred to the 
new DSC within the Department of Agriculture and Land Stewardship. A 
final rule codifying this change was published in the Federal Register 
on October 7, 1986 (51 FR 35632).
    ii. A legal opinion from the office of the Iowa Attorney General 
that the Iowa Department of Soil Conservation has the power to 
administer the AMLR Program in Iowa. By virtue of the state government 
reorganization in 1986, all the powers of the Department of Soil 
Conservation were transferred to the new DSC within the Department of 
Agriculture and Land Stewardship.
    iii. A copy of the Iowa Code (IC) 1999 Supplement (IC sections 
207.21, .22, .23, .25, and .29). IC section 207.21 states that the DSC 
shall participate in the AMLR reclamation program and establishes a 
state reclamation fund under the control of the DSC. IC section 207.29 
authorizes the DSC to engage in any work and do all things necessary or 
expedient, including adoption of rules, to implement and administer the 
provisions of an abandoned mine reclamation program.
    iv. A copy of the Iowa AMLR Program regulations, Iowa 
Administrative Code (IAC) 27-50.10 through 27-50.190. Iowa's 
regulations at IAC 27-50.70 provide authorization and procedures for 
the DSC to enter upon property to perform reclamation where the owner 
will give voluntary consent. Iowa's regulations at IAC 27-50.90 provide 
the right for the DSC or its agents, employees or contractors, to enter 
upon land to perform reclamation activities if consent of the owner 
cannot be obtained. Procedures are provided for this entry.
    b. Iowa submitted the following statement to demonstrate the DSC's 
technical capability to design and supervise the emergency work:

    DSC has operated a successful AML reclamation program for nearly 
20 years. We have completed numerous mine shaft closure projects 
under that program and have been assisting OSM in its abatement of 
AML subsidence emergencies since 1995. We have a geotechnical 
engineer on staff who is familiar with emergency project design 
practices and we have the ability to prepare project design plans, 
specifications and contract documents in-house. The DSC staff can 
also provide in-house project inspection services since emergency 
projects are normally of short duration. Based on the past 
experience of the AML Program and the current capabilities of our 
staff, the Division is seeking authority to assume responsibility 
for the day-to-day administration of the AML emergency program in 
Iowa.

    c. Iowa proposes to update the following policy and procedure 
sections of its AMLR plan to reflect that the state has the 
administrative mechanisms to quickly respond to emergencies either 
directly or through contractors: Section III. C. Ranking and Selection 
Procedures (30 CFR 884.13(c)(2)); Section III. G. Rights of Entry (30 
CFR 884.13(c)(6)); and Section IV. C. Purchasing and Procurement 
Systems (30 CFR 884.13(d)(3)).
    2. Iowa proposes to amend the following sections in its AMLR plan: 
Section III. A. Purposes of the State Reclamation Program (30 CFR 
884.13(c)(1)); Section III. B. Identification of Eligible Land and 
Water (30 CFR 884.13(c)(2)); Section III. C. Ranking and Selection 
Procedures (30 CFR 884.13(c)(2)); Section III. D. Coordination of 
Reclamation Work (30 CFR 884.13(c)(3)); Section III. E. Acquisition, 
Management, and Disposition of Land and Water (30 CFR 884.13(c)(4)); 
Section III. F. Reclamation on Private Land (30 CFR 884.13(c)(5)); 
Section III. H. Public Participation Policies (30 CFR 884.13(c)(7)); 
Section IV. A. Organizational Structure (30 CFR 884.13(d)(1)); Section 
IV. B. Personnel Policies (30 CFR 884.13(d)(2)); Section IV. C. 
Purchasing and Procurement Systems (30 CFR 884.13(d)(3)); Section IV. 
D. Management Accounting (30 CFR 884.13(d)(4)); Section V. B. AML 
Problem Descriptions (30 CFR 884.13(e)(2)); and Section V. C. AML 
Corrective Measures (30 CFR 884.13(e)(3)).

B. Iowa's Proposed Statute Revisions

    Iowa proposes to amend the following sections in its statute at 
Iowa Code, Chapter 207: Section 207.21 regarding lands and water 
eligible for reclamation or drainage abatement expenditures under the 
AMLR program and the priority order for expending the moneys; and 
Section 207.23 regarding liens. Iowa also proposes to add new Section 
207.29 Powers and Authority.

III. Public Comment Procedures

    Under the provisions of 30 CFR 884.15(a), we are requesting 
comments on whether the amendment satisfies the applicable State 
reclamation plan approval criteria of 30 CFR 884.14. If we approve the 
amendment, it will become part of the Iowa plan.

Written Comments

    Send your written or electronic comments to OSM at the address 
given above. Your written comments should be specific, pertain only to 
the issues proposed in this rulemaking, and include explanations in 
support of your recommendations. We will not consider or respond to 
your comments when developing the final rule if they are received after 
the close of the comment period (see DATES). We will make every attempt 
to log all comments into the administrative record, but comments 
delivered to an address other than the Mid-Continent Regional 
Coordinating Center may not be logged in.

Electronic Comments

    Please submit Internet comments as an ASCII or Word file avoiding 
the use of special characters and any form of encryption. Please also 
include ``Attn: [IA-007-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 Mid-Continent Regional 
Coordinating Center at (618) 463-6460.

Availability of Comments

    We will make comments, including names and addresses of 
respondents, available for public review during normal business hours. 
We will not consider anonymous comments. If individual respondents 
request confidentiality, we will honor their request to the extent 
allowable by law. Individual respondents who wish to withhold their 
name or address from public review, except for the city or town, must 
state this prominently at the

[[Page 52661]]

beginning of their 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 review in their entirety.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., c.d.t. on 
August 28, 2002. If you are disabled and need special accommodations to 
attend a public hearing, contact the person listed under FOR FURTHER 
INFORMATION CONTACT. We will arrange the location and time of the 
hearing with those persons requesting the hearing. If no one requests 
an opportunity to speak, we will not hold a hearing.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at the public hearing 
provide us with a written copy of his or her comments. The public 
hearing will continue on the specified date until everyone scheduled to 
speak has been given an opportunity to be 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 everyone scheduled to speak and others present in 
the audience who wish to speak, have been heard.

Public Meeting

    If only one person requests an opportunity to speak, we may hold a 
public meeting rather than a public hearing. If you wish to meet with 
us to discuss the amendment, please 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 will make a 
written summary of each meeting a part of the administrative record.

IV. 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 and Tribal abandoned mine land reclamation plans and 
plan amendments because each plan is drafted and promulgated by a 
specific State or Tribe, not by OSM. Decisions on proposed abandoned 
mine land reclamation plans and plan amendments submitted by a State or 
Tribe are based solely on a determination of whether the submittal 
meets the requirements of Title IV of SMCRA (30 U.S.C. 1231-1243) and 
30 CFR Part 884 of the 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 abandoned mine reclamation programs. 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 405(d) of SMCRA requires State abandoned mine 
reclamation programs to be in compliance with the procedures, 
guidelines, and requirements established under SMCRA.

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 agency decisions on proposed State and Tribal abandoned mine 
land reclamation plans and plan amendments are categorically excluded 
from compliance with the National Environmental Policy Act (42 U.S.C. 
4332) by the Manual of the Department of the Interior (516 DM 6, 
appendix 8, paragraph 8.4B(29)).

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 corresponding 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, 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 regulation did not impose an 
unfunded mandate.

[[Page 52662]]

List of Subjects in 30 CFR Part 915

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: June 24, 2002.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 02-20464 Filed 8-12-02; 8:45 am]
BILLING CODE 4310-05-P