[Federal Register Volume 69, Number 105 (Tuesday, June 1, 2004)]
[Rules and Regulations]
[Pages 30821-30826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12248]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 915

[IA-013-FOR]


Iowa Regulatory Program

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

ACTION: Final rule; approval of amendment.

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

SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are approving, with one additional requirement, an amendment to 
the Iowa regulatory program (Iowa program) under the Surface Mining 
Control and Reclamation Act of 1977 (SMCRA or the Act). Iowa proposed 
to revise its regulatory program by updating its adoption by reference 
of applicable portions of 30 CFR part 700

[[Page 30822]]

to End from the July 1, 1992, version to the July 1, 2002, version. 
Iowa intends to revise its program to be consistent with the 
corresponding Federal regulations.

DATES: Effective Date: June 1, 2004.

FOR FURTHER INFORMATION CONTACT: Charles E. Sandberg, Mid-Continent 
Regional Coordinating Center. Telephone: (618) 463-6460. Internet 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Iowa 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 Iowa 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 Iowa program effective April 10, 1981. You 
can find background information on the Iowa program, including the 
Secretary's findings, the disposition of comments, and conditions of 
approval, in the January 21, 1981, Federal Register (46 FR 5885). You 
can also find later actions concerning Iowa's program and program 
amendments at 30 CFR 915.10, 915.15, and 915.16.

II. Submission of the Amendment

    By letter dated February 24, 2004 (Administrative Record No. IA-
448), Iowa sent us an amendment to its program under SMCRA (30 U.S.C. 
1201 et seq.). Iowa sent the amendment in response to a June 17, 1997, 
letter that we sent to Iowa in accordance with 30 CFR 732.17(c), 
concerning multiple changes made to the Federal regulations between 
1988 and 1995 (Administrative Record No. IA-440). Iowa also responded 
to an August 23, 2000, letter that we sent to Iowa in accordance with 
30 CFR 732.17(c), concerning valid existing rights (Administrative 
Record No. IA-444). Iowa proposed to revise its regulatory program by 
updating its adoption by reference of applicable portions of 30 CFR 
part 700 to End from the July 1, 1992, version to the July 1, 2002, 
version.
    We announced receipt of the amendment in the March 25, 2004, 
Federal Register (69 FR 15272). 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. The public comment 
period ended on April 26, 2004. We did not receive any comments.

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, with one additional requirement, as described 
below. Any revisions that we do not specifically discuss below concern 
nonsubstantive wording or editorial changes.

A. Adoptions by Reference of 30 CFR Part 700 to End Revised as of July 
1, 2002

    Iowa updated its adoptions by reference of applicable sections of 
30 CFR part 700 to End from those in effect as of July 1, 1992, to 
those in effect as of July 1, 2002. Iowa also revised terms and cross-
references to the Federal regulations and corrected editorial-type 
errors, as necessary. The sections of Iowa's coal mining rules that are 
being revised in this manner, along with the applicable sections of the 
Federal regulations, are listed in the table below.

------------------------------------------------------------------------
 27 Iowa Administrative Code                      Federal regulations
   Chapter 40, Coal Mining         Topic        adopted by reference (30
      Rules (IAC 27-40)                                   CFR)
------------------------------------------------------------------------
40.1(1), 40.1(4)............  Authority and    Part 700 to End.
                               scope.
40.3(207)...................  General........  Part 700.
40.4(207), 40.4(2), 40.4(3).  Permanent        Parts 701 and 702.
                               regulatory
                               program and
                               exemption for
                               coal
                               extraction
                               incidental to
                               the extraction
                               of other
                               minerals.
40.5(207)...................  Restrictions on  Part 705.
                               financial
                               interests of
                               State
                               employees.
40.6(207)...................  Exemptions for   Part 707.
                               coal
                               extraction
                               incident to
                               government--fi
                               nanced highway
                               or other
                               constructions.
40.7(207)...................  Protection of    Part 865.
                               employees.
40.11(207)..................  Initial          Part 710.
                               regulatory
                               program.
40.12(207)..................  General          Part 715.
                               performance
                               standards--ini
                               tial program.
40.13(207)..................  Special          Part 716.
                               performance
                               standards--ini
                               tial program.
40.21(207), 40.21(4) through  Areas            Part 761.
 40.21(6).                     designated by
                               an Act of
                               Congress.
40.22(207), 40.22(2)........  Criteria for     Part 762.
                               designating
                               areas as
                               unsuitable for
                               surface coal
                               mining
                               operations.
40.23(207)..................  State            Part 764.
                               procedures for
                               designating
                               areas
                               unsuitable for
                               surface coal
                               mining
                               operations.
40.30(207), 40.30(1),         Requirements     Part 772.
 40.30(4).                     for coal
                               exploration.
40.31(207), 40.31(1) through  Requirements     Part 773.
 40.31(9), 40.31(13) through   for permits
 40.31(15).                    and permit
                               processing.
40.32(207), 40.32(1),         Revision or      Part 774.
 40.32(2), rights 40.32(4).    amendment;
                               renewal; and
                               transfer,
                               assignment, or
                               sale of permit
                               rights.
40.33(207)..................  General content  Part 777.
                               requirements
                               for permit
                               applications.
40.34(207), 40.34(2),         Permit           Part 778.
 40.34(3).                     application--m
                               inimum
                               requirements
                               for legal,
                               financial,
                               compliance,
                               and related
                               information.
40.35(207)..................  Surface mining   Part 779.
                               permit
                               applications--
                               minimum
                               requirements
                               for
                               information on
                               environmental
                               resources.
40.36(207)..................  Surface mining   Part 780.
                               permit
                               applications--
                               minimum
                               requirements
                               for
                               reclamation
                               and operation
                               plan.
40.37(207), 40.37(4)........  Underground      Part 783.
                               mining permit
                               applications--
                               minimum
                               requirements
                               for
                               information on
                               environmental
                               resources.

[[Page 30823]]

 
40.38(207), 40.38(2),         Underground      Part 784.
 40.38(3).                     mining permit
                               applications--
                               minimum
                               requirements
                               for
                               reclamation
                               and operation
                               plan.
40.39(207)..................  Requirements     Part 785.
                               for permits
                               for special
                               categories of
                               mining.
40.51(207)..................  Bond and         Part 800.
                               insurance
                               requirements
                               for surface
                               coal mining
                               and
                               reclamation
                               operations
                               under
                               regulatory
                               programs.
40.61(207), 40.61(4)........  Permanent        Part 810.
                               program
                               performance
                               standards--gen
                               eral
                               provisions.
40.62(207)..................  Permanent        Part 815.
                               program
                               performance
                               standards--coa
                               l exploration.
40.63(207), 40.63(9)........  Permanent        Part 816.
                               program
                               performance
                               standards--sur
                               face mining
                               activities.
40.64(207)..................  Permanent        Part 817.
                               program
                               performance
                               standards--und
                               erground
                               mining
                               activities.
40.65(207)..................  Special          Part 819.
                               permanent
                               program
                               performance
                               standards--aug
                               er mining.
40.66(207)..................  Special          Part 823.
                               permanent
                               program
                               performance
                               standards--ope
                               rations on
                               prime farmland.
40.67(207)..................  Permanent        Part 827.
                               program
                               performance
                               standards--coa
                               l preparation
                               plants not
                               located within
                               the permit
                               area of a mine.
40.71(207)..................  State            Part 840.
                               regulatory
                               authority--ins
                               pection and
                               enforcement.
40.74(207), 40.74(9)........  Civil penalties  Part 845.
40.75(207)..................  Individual       Part 846.
                               civil
                               penalties.
40.81(207)..................  Permanent        Part 850.
                               regulatory
                               program
                               requirements--
                               standards for
                               certification
                               of blasters.
40.82(207)..................  Certification    Part 955.
                               of blasters.
40.92(8)....................  Contested cases  775.11 and 775.13
------------------------------------------------------------------------

    We find that Iowa's revised regulations are no less effective than 
the corresponding Federal regulations, and we are approving these 
adoptions by reference.

B. IAC 27--40.4(207) Permanent Regulatory Program (30 CFR Part 701)

    1. At IAC 27--40.4(9), Iowa removed its definition of ``previously 
mined area'' and adopted by reference the Federal definition of 
``previously mined area'' at 30 CFR 701.5.
    We find that Iowa's removal of its definition of ``previously mined 
area'' at IAC 27--40.4(9) and the adoption by reference of the Federal 
definition of ``previously mined area'' at 30 CFR 701.5 does not make 
its regulations less effective than the Federal regulations.
    Therefore, we are approving this removal and adoption by reference.
    2. At IAC 27--40.4(11), Iowa deleted from its reference of 30 CFR 
701.5 the definition for ``violation, failure or refusal'' and inserted 
in its place, the following definition:

    ``Violation, failure, or refusal,'' means--
    (1) A violation of a condition of an approved permit pursuant to 
the Iowa program or an enforcement action pursuant to Iowa Code 
section 207.14, or
    (2) A failure or refusal to comply with any order issued under 
Iowa Code section 207.14 or any order incorporated in a final 
decision issued by the administrator, except an order incorporated 
in a decision issued under subrule 40.74(7) or rule 27--40.7(207).

    We find that Iowa's definition of ``violation, failure, or 
refusal'' is no less effective than the counterpart Federal definition 
at 30 CFR 701.5, and we are approving it.

C. IAC 27--40.6(207) Exemptions for Coal Extraction Incident to 
Government-Financed Highway or Other Constructions (30 CFR Part 707)

    Iowa removed IAC 27--40.6(2), which deleted the words ``250 tons'' 
from its reference of 30 CFR 707.12 and inserted the words ``50 tons.''
    We find that the removal of IAC 27--40.6(2) makes Iowa's 
regulations at IAC 27--40.6(207) substantively the same as the 
counterpart Federal regulations at 30 CFR part 707, and we are 
approving it.

D. IAC 27--40.31(207) Requirements for Permits and Permit Processing 
(30 CFR Part 773)

    At IAC 27--40.31(12), Iowa revised its existing paragraph (h) by 
adding the words ``The permittee'' and the words ``the permit shall'' 
as shown below. Paragraph (h) is a permit condition that had been 
previously added to Iowa's adoption by reference of 30 CFR 773.17.

    (h) The permittee shall ensure and the permit shall contain 
specific conditions requiring that, as a condition of the permit, 
the permittee shall not, except as permitted by law, willfully 
resist, prevent, impede, or interfere with the division or any of 
its agents in the performance of their duties.

    We find that the revisions are minor in nature and only clarify the 
previously approved permit condition. Therefore, this change does not 
make Iowa's regulation less effective than the Federal regulation at 30 
CFR 773.17, and we are approving it.

E. IAC 27--40.35(207) Surface Mining Permit Applications--Minimum 
Requirements for Information on Environmental Resources (30 CFR Part 
779)

    Iowa removed IAC 27--40.35(3), which deleted from 30 CFR 
779.22(a)(1) the words ``A map'' and inserted the words ``A map at a 
scale of 1:2400 or larger or an aerial photo.''
    We find that Iowa's removal of this provision is appropriate 
because we removed 30 CFR 779.22 from the Federal regulations on May 
27, 1994 (59 FR 27932). Therefore, we are approving the removal of IAC 
27--40.35(3).

F. IAC 27--40.41(207) Permanent Regulatory Program--Small Operator 
Assistance Program (30 CFR Part 795)

    At IAC 27--40.41(207), Iowa updated its adoption by reference of 
the requirements of 30 CFR part 795 from those in effect as of July 1, 
1992, to those in effect as of July 1, 2002.
    We find that Iowa's revised regulations at IAC 27--40.41(207) are 
no less effective than the corresponding Federal regulations at 30 CFR 
part 795. However, Iowa has not updated its statutory authority for 
small operator assistance at Iowa Code section 207.4, subsection 1, 
paragraph d to reflect the changes made to section 507(c)(1) of SMCRA 
on November 5, 1990, and October 24, 1992. Therefore, we are approving 
Iowa's regulations at IAC 27--40.41(207) with the requirement that Iowa 
amend Iowa Code section 207.4, subsection 1, paragraph d to include the 
changes made to section

[[Page 30824]]

507(c)(1) of SMCRA before implementing the regulations.

G. IAC 27--40.63(207) Permanent Program Performance Standards--Surface 
Mining Activities (30 CFR Part 816)

    At IAC 27--40.63(6), Iowa added a reference to its ``Revegetation 
Success Standards and Statistically Valid Sampling Techniques'' dated 
April 1999, as approved on December 27, 2001.
    We find that Iowa's reference to its ``Revegetation Success 
Standards and Statistically Valid Sampling Techniques'' is appropriate. 
At 30 CFR 816.116(a)(1), we require regulatory authorities to include 
standards for success and statistically valid sampling techniques for 
measuring success in their approved regulatory programs. We approved 
Iowa's standards and sampling techniques on December 27, 2001. 
Therefore, we are approving Iowa's reference at IAC 27--40.63(6).

H. IAC 27--40.64(207) Permanent Program Performance Standards--
Underground Mining Activities (30 CFR Part 817)

    1. At IAC 27--40.64(4), Iowa added a reference to its 
``Revegetation Success Standards and Statistically Valid Sampling 
Techniques'' dated April 1999, as approved on December 27, 2001.
    We find that Iowa's reference to its ``Revegetation Success 
Standards and Statistically Valid Sampling Techniques'' is appropriate. 
At 30 CFR 817.116(a)(1), we require regulatory authorities to include 
standards for success and statistically valid sampling techniques for 
measuring success in their approved regulatory programs. We approved 
Iowa's standards and sampling techniques on December 27, 2001. 
Therefore, we are approving Iowa's reference at IAC 27--40.64(4).
    2. Iowa removed IAC 27--40.64(6), which deleted from its reference 
of 30 CFR 817.121(c)(2) the phrase ``To the extent required under 
applicable provisions of State law.''
    We find that Iowa's removal of IAC 27--40.64(6) is appropriate. On 
March 31, 1995, we revised 30 CFR 817.121(c), and it no longer requires 
the correction of material damage to the extent required under 
applicable provisions of State law (60 FR 16735). Therefore, we are 
approving this removal.

I. IAC 27--40.73(207) Enforcement (30 CFR Part 843)

    1. At IAC 27--40.73(2), Cessation Orders, Iowa revised its 
reference of the State regulations in paragraph ``g'' by changing 27--
40.31(207) to 27--40.32(207). Iowa also revised its references of the 
Federal regulations by changing 30 CFR 773.17(i) to 30 CFR 774.12 and 
30 CFR 778.13(c) and (d) to 30 CFR 778.11(c) and (d).
    We find that the changes made by Iowa are appropriate. We codified 
the substantive requirements of 30 CFR 773.17(i) at 30 CFR 774.12 on 
December 19, 2000 (65 FR 79663). We also redesignated the substantive 
requirements of 30 CFR 778.13(c) and (d) as 30 CFR 778.11(c) and (d) on 
December 19, 2000 (65 FR 79664). Therefore, we are approving the 
changes made to IAC 27--40.73(2)g.
    2. At IAC 27--40.73(4), Suspension or Revocation of Permits, Iowa 
revised its reference in paragraph ``d'' from 27--40.74(207) to 
paragraph ``a'', subparagraph (1) of this subrule.
    We find that this is a nonsubstantive, editorial-type correction 
that is appropriate and does not make Iowa's regulation less effective 
than the counterpart Federal regulation at 30 CFR 843.13(d).

J. IAC 27--40.75(207) Individual Civil Penalties (30 CFR Part 846)

    At 27--40.75(2), Iowa removed its definition of ``violation, 
failure or refusal'' and added it at 27--40.4(11).
    We find that this revision is appropriate. On December 19, 2000, we 
moved the Federal definition of ``violation, failure or refusal'' from 
30 CFR 846.5 to 30 CFR 701.5 (65 FR 79656). Therefore, we are approving 
the removal of this definition from IAC 27--40.75(2). See discussion of 
27--40.4(11) above under B.2 of OSM's Findings.

IV. Summary and Disposition of Comments

Public Comments

    We asked for public comments on the amendment, but did not receive 
any.

Federal Agency Comments

    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 Iowa program (Administrative 
Record No. IA-448.1). We did not receive any comments.

Environmental Protection Agency (EPA) Concurrence and Comments

    Under 30 CFR 732.17(h)(11)(ii), we are required to get a written 
concurrence 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 Iowa proposed to make in this amendment 
pertain to air or water quality standards. Therefore, we did not ask 
EPA to concur on the amendment. Under 30 CFR 732.17(h)(11)(i), we 
requested comments on the amendment from EPA (Administrative Record No. 
IA-448.1). EPA did not respond to our request.

State Historic 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 March 3, 2004, we requested comments on Iowa's amendment 
(Administrative Record No. IA-448.1), but neither responded to our 
request.

V. OSM's Decision

    Based on the above findings, we approve with one additional 
requirement as discussed in III.F. of OSM's Findings, the amendment 
Iowa sent us on February 24, 2004. In Finding III.F., we require Iowa 
to revise its statute at Iowa Code section 207.4, subsection 1, 
paragraph d to include the changes that were made to section 507(c)(1) 
of SMCRA on November 5, 1990, and October 24, 1992. When Iowa meets 
this requirement, the State can implement the proposed amendment IAC 
27-40.41(207).
    We approve the regulations proposed by Iowa with the provision that 
they be fully promulgated in identical form to the regulations 
submitted to and reviewed by OSM and the public.
    To implement this decision, we are amending the Federal regulations 
at 30 CFR part 915, which codify decisions concerning the Iowa 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

    In this rule, the State is adopting valid existing rights standards 
that are similar to the standards in the Federal definition at 30 CFR 
761.5. Therefore, this rule has the same takings implications as the 
Federal valid existing rights rule. The takings

[[Page 30825]]

implications assessment for the Federal valid existing rights rule 
appears in Part XXIX.E. of the preamble to that rule. See 64 FR 70766, 
70822-27, December 17, 1999.

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 Iowa program does not 
regulate coal exploration and surface coal mining and reclamation 
operations on Indian lands. Therefore, the Iowa 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, 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.

List of Subjects in 30 CFR Part 915

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: May 7, 2004.
Charles E. Sandberg,
Regional Director, Mid-Continent Regional Coordinating Center.

0
For the reasons set out in the preamble, 30 CFR part 915 is amended as 
set forth below:

PART 915--IOWA

0
1. The authority citation for part 915 continues to read as follows:

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


0
2. Section 915.15 is amended in the table by adding a new entry in 
chronological order by ``Date of final publication'' to read as 
follows:


Sec.  915.15  Approval of Iowa regulatory program amendments.

* * * * *

[[Page 30826]]



------------------------------------------------------------------------
 Original amendment submission    Date of final
             date                  publication      Citation/description
------------------------------------------------------------------------
 
                              * * * * * * *
February 24, 2004.............  June 1, 2004.....  IAC 27--40.1(1),
                                                    40.1(4); 40.3(207);
                                                    40.4(207), 40.4(2),
                                                    40.4(3), 40.4(9),
                                                    40.4(11); 40.5(207);
                                                    40.6(207), 40.6(2);
                                                    40.7(207);
                                                    40.11(207);
                                                    40.12(207);
                                                    40.13(207);
                                                    40.21(207), 40.21(4)
                                                    through 40.21(6);
                                                    40.22(207),
                                                    40.22(2);
                                                    40.23(207);
                                                    40.30(207),
                                                    40.30(1), 40.30(4);
                                                    40.31(207), 40.31(1)
                                                    through 40.31(9),
                                                    40.31(12) through
                                                    40.31(15);
                                                    40.32(207),
                                                    40.32(1), 40.32(2),
                                                    40.32(4);
                                                    40.33(207);
                                                    40.34(207),
                                                    40.34(2), 40.34(3);
                                                    40.35(207),
                                                    40.35(3);
                                                    40.36(207);
                                                    40.37(207),
                                                    40.37(4);
                                                    40.38(207),
                                                    40.38(2), 40.38(3);
                                                    40.39(207);
                                                    40.41(207);
                                                    40.51(207);
                                                    40.61(207),
                                                    40.61(4);
                                                    40.62(207);
                                                    40.63(207),
                                                    40.63(6), 40.63(9);
                                                    40.64(207),
                                                    40.64(4), 40.64(6);
                                                    49.65(207);
                                                    40.66(207);
                                                    40.67(207);
                                                    40.71(207);
                                                    40.73(2)g,
                                                    40.73(4)d;
                                                    40.74(207),
                                                    40.74(9);
                                                    40.75(207),
                                                    40.75(2);
                                                    40.81(207);
                                                    40.82(207);
                                                    40.92(8).
------------------------------------------------------------------------


0
3. Section 915.16 is amended by adding paragraph (b) to read as 
follows:


Sec.  915.16  Required program amendments.

* * * * *
    (b) Before Iowa implements its regulations at IAC 27--40.41(207), 
it must revise Iowa Code section 207.4, subsection 1, paragraph d to 
include the changes that were made to section 507(c)(1) of SMCRA on 
November 5, 1990, and October 24, 1992.

[FR Doc. 04-12248 Filed 5-28-04; 8:45 am]
BILLING CODE 4310-05-P