[Federal Register Volume 69, Number 177 (Tuesday, September 14, 2004)]
[Rules and Regulations]
[Pages 55347-55353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20664]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[Docket No. IN-155-FOR]


Indiana Regulatory Program and Abandoned Mine Land Reclamation 
Plan

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

ACTION: Final rule; approval of amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are approving an amendment to the Indiana regulatory program 
(Indiana program) and abandoned mine land reclamation plan (Indiana 
plan) under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA or the Act). Indiana proposed revisions to and additions of 
statutes about performance bond release, the Indiana bond pool, and 
government-financed construction. Indiana intends to revise its program 
to be consistent with SMCRA and to improve operational efficiency.

DATES: Effective September 14, 2004.

FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Chief, Alton Field 
Division. Telephone: (317) 226-6700. Internet address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background on the Indiana Program and Indiana Plan
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 Indiana Program and Indiana Plan

    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 Indiana program effective July 29, 1982. You 
can find background information on the Indiana program, including the 
Secretary's findings, the disposition of

[[Page 55348]]

comments, and the conditions of approval, in the July 26, 1982, Federal 
Register (47 FR 32071). You can also find later actions concerning the 
Indiana program and program amendments at 30 CFR 914.10, 914.15, 
914.16, and 914.17.
    The Abandoned Mine Land Reclamation 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 Indiana plan 
effective July 29, 1982. You can find background information on the 
Indiana plan, including the Secretary's findings, the disposition of 
comments, and the approval of the plan in the July 26, 1982, Federal 
Register (47 FR 32108). You can find later actions concerning the 
Indiana plan and amendments to the plan at 30 CFR 914.25.

II. Submission of the Amendment

    By letter dated June 2, 2004 (Administrative Record No. IND-1728), 
the Indiana Department of Natural Resources (Department) sent us House 
Enrolled Act 1203 (HEA 1203) as an amendment to its program and plan 
under SMCRA (30 U.S.C. 1201 et seq.). HEA 1203 contains numerous 
amendments to the State statutes, but only those that pertain to the 
Indiana program or plan were considered in this final rule document. 
The Department sent the amendment to us at its own initiative. Sections 
26 and 27 of HEA 1203 amend Indiana Code (IC) 14-34-6-7 and 14-34-6-10, 
respectively, concerning performance bond release. Sections 28, 29, and 
30 of HEA 1203 amend IC 14-34-8-4, 14-34-8-6, and 14-34-8-11, 
respectively, concerning the Indiana bond pool. Sections 1, 31, and 32 
of HEA 1203 amend or add IC 14-8-2-117.3, 14-34-19-15, and 2004-71-32, 
respectively, concerning government financing of abandoned mine land 
reclamation projects that involve the incidental extraction of coal.
    We announced receipt of the proposed amendment in the July 19, 
2004, Federal Register (69 FR 42927). 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 August 18, 2004. We received comments from one 
Federal agency.

III. OSM's Findings

    Following are the findings we made concerning the amendment under 
SMCRA and the Federal regulations at 30 CFR 732.15, 732.17, 884.14, and 
884.15. We are approving the amendment as described below. Any 
revisions that we do not specifically discuss below concern 
nonsubstantive wording or editorial changes.

A. Performance Bond Release

    Sections 26 and 27 of HEA 1203 amend the requirements of the 
Indiana program concerning performance bond release.
    1. Section 26 of HEA 1203 amended IC 14-34-6-7 by designating the 
existing text as subsection (a) and by adding new subsection (b), which 
allows the Director of the Department of Natural Resources (Director) 
to initiate an application for the release of a performance bond. If 
the Director initiates an application for performance bond release, the 
Department must perform all notification and certification requirements 
otherwise imposed on the permittee.
    While the counterpart Federal regulation at 30 CFR 800.40(a) allows 
a permittee to file an application for bond release, the Federal 
regulations are silent as to whether a regulatory authority may 
initiate bond release proceedings. However, a similar provision was 
approved for the Kentucky program on December 31, 1990 (55 FR 53490), 
and the Illinois program on April 7, 2000 (65 FR 18239). Under 
Indiana's proposal, bond release proceedings initiated by the Director 
must conform to the same procedural steps as a bond release initiated 
by the permittee. Thus, the public participation and notification 
requirements of section 519 of SMCRA and the Federal regulations at 30 
CFR 800.40 would still apply when the Director initiates a bond release 
in Indiana. For the above reasons, we find that allowing the Director 
to initiate bond release does not make Indiana's performance bond 
release requirements at IC 14-34-6-7 less stringent than section 519(a) 
of SMCRA or less effective than the Federal regulation at 30 CFR 
800.40(a). Therefore, we are approving the revisions to IC 14-34-6-7. 
It is our understanding that Indiana will revise its implementing 
regulation at 312 Indiana Administrative Code (IAC) 25-5-16 to reflect 
the changes made to IC 14-34-6-7 in a future State program amendment.
    2. Indiana's statute at IC 14-34-6-7 requires the requester of a 
performance bond release to publish a notice of the bond release 
request. Previously, only a permittee could request bond release and, 
therefore, must publish a notice (permittee's notice). In this 
rulemaking, Indiana proposed to allow the Director to initiate bond 
release proceedings. As a result, either the permittee or the Director 
is required to publish the notice depending on who initiated the bond 
release request. Therefore, section 27 of HEA 1203 amended IC 14-34-6-
10(b)(2) by removing the word ``permittee's'' from the phrase ``after 
the last publication of the permittee's notice.'' This change allows 
specified persons to request a public hearing regarding a performance 
bond release request within thirty (30) days after the last publication 
of the notice, regardless of who initiated the bond release request.
    This change is appropriate and further clarifies that the 
notification requirements for bond release must be completed, 
regardless of whether the application was initiated by the permittee or 
the Director. We find that the change made to IC 14-34-6-10(b)(2) will 
not make it less stringent than section 519(f) of SMCRA or less 
effective than the counterpart Federal regulation at 30 CFR 800.40(f).

B. Indiana Bond Pool

    Sections 28, 29, and 30 of HEA 1203 amend the requirements of the 
Indiana program concerning Indiana's alternative bonding system 
(Indiana bond pool).
    1. Section 28 of HEA 1203 amended IC 14-34-8-4(g) and (h) by adding 
the phrase ``unless the operator has replaced all bond pool liability 
with bonds acceptable under IC 14-34-6-1'' at the end of each 
paragraph. Subsection (g) pertains to those operators who participate 
in the bond pool on the basis of the entire permit area. This 
subsection previously provided that commencement of participation in 
the bond pool for the applicable permit constitutes an irrevocable 
commitment to participate in the bond pool for the duration of the 
surface coal mining permit. Subsection (h) pertains to those operators 
who participate in the bond pool on the basis of a bond increment area 
under an existing permit. This subsection previously provided that

[[Page 55349]]

commencement of participation in the bond pool for the bond increment 
area constitutes an irrevocable commitment to participate in the bond 
pool for the duration of that surface coal mining permit. With the 
addition of the new phrase at subsections (g) and (h), a mine operator 
may withdraw from the bond pool by replacing bond pool liability with 
bonds acceptable under the Indiana surface coal mining and reclamation 
law.
    There is no direct Federal counterpart to IC 14-34-8-4(g) and (h). 
However, requiring the operator to replace all bond pool liability with 
bonds acceptable under the Indiana program assures that the regulatory 
authority will have sufficient money available to complete the 
reclamation plan in the event of forfeiture, as required by 30 CFR 
800.14(b). Also, because participation in the Indiana bond pool is 
optional, these changes will not affect our original approval of the 
Indiana bond pool (57 FR 14350, April 20, 1992). Therefore, we find 
that the changes to subsections (g) and (h) are not inconsistent with 
the requirements of section 509(c) of SMCRA or the Federal regulation 
at 30 CFR 800.11(e).
    2. Section 29 of HEA 1203 amended IC 14-34-8-6(a) by changing a 
reference from ``subsection (b)'' to ``subsection (c)'' and 
redesignating existing subsections (b) and (c) as subsections (c) and 
(d). Section 29 of HEA 1203 also added a new subsection (b) to allow 
the Director to require operators to withdraw from the bond pool if the 
final release of a bond has not been obtained within ten years after 
the date of the last required report of the affected area for the 
permit, including new disturbances. The operator would have to replace 
the bond pool liability with bonds acceptable under the Indiana 
program. If the operator does not comply with the Director's order to 
withdraw a mine area from the bond pool, the Director may suspend the 
operator from the bond pool. Redesignated subsection (d) provides that 
an operator who is suspended must cease all surface mining operations 
until a new performance bond is furnished. When a new performance bond 
is executed, the bond pool has no additional liability for reclamation 
of the mine area.
    There is no direct Federal counterpart to new IC 14-34-8-6(b). 
However, requiring the operator to replace all bond pool liability with 
bonds acceptable under the Indiana program assures that the regulatory 
authority will have sufficient money available to complete the 
reclamation plan in the event of forfeiture, as required by 30 CFR 
800.14(b). Also, new subsection (b) will provide an additional economic 
incentive for the permittee to comply with all reclamation provisions, 
as required by 30 CFR 800.11(e)(2). Therefore, we find that new 
subsection (b) is not inconsistent with the requirements of section 
509(c) of SMCRA or the Federal regulation at 30 CFR 800.11(e).
    3. At IC 14-34-8-11, Section 30 of HEA 1203 amended membership and 
membership appointment authority of the surface coal mine reclamation 
bond pool committee (committee). The committee makes recommendations to 
the Director on proposed expenditures from the bond pool and all new 
applications for admission to the bond pool. It acts in an advisory 
capacity to the Director and has no decision making functions.
    Section 30 of HEA 1203 amended subdivision (a)(1) by removing the 
requirement that not more than three of the members belong to the same 
political party. It changed the authority for the appointment of 
members from the Governor of Indiana (Governor) to the Director. It 
also revised clause (a)(1)(C) by removing the requirement that one 
member of the committee be a representative of the public with a 
license as a certified public accountant and added the requirement that 
this member have knowledge of reclamation performance guarantees. 
Section 30 of HEA 1203 revised subsection (b) by removing the 
requirement that a member not be appointed to more than two full terms. 
It also revised subsection (b) to provide that the Director may remove 
an appointed member for cause. Previously, the Governor was authorized 
to perform this function. Section 30 of HEA 1203 revised subdivision 
(e)(1) by requiring the committee to meet as necessary to perform its 
duties, but not less than one time each year. This subdivision 
previously required the committee to meet as least two times each year. 
Section 30 of HEA 1203 amended subsection (f) to require the Director 
to report annually to the committee and to the Governor on the status 
of the bond pool. Previous subsection (f) required the Director to 
report semiannually.
    Because the committee acts only in an advisory capacity to the 
Director, the revisions made to the requirements of subsections (a), 
(b), (e) and (f) will not affect the objectives and purposes of the 
Indiana bond pool. Therefore, we find that the revisions to IC 14-34-8-
11 are not inconsistent with the requirements of section 509(c) of 
SMCRA or the Federal regulation at 30 CFR 800.11(e), and we are 
approving them.

C. Government-Financed Construction

    Sections 1, 31, and 32 of HEA 1203 amend or add new requirements to 
the Indiana program and plan concerning government financing of 
abandoned mine land reclamation projects that involve the incidental 
extraction of coal.
1. Indiana Program

a. IC 14-8-2-117.3 Definition of ``Governmental Entity''

    Section 1 of HEA 1203 amended the definition of ``governmental 
entity'' at IC 14-8-2-117.3 by adding a reference to IC 14-34-19-15, 
which concerns procedures for abandoned mine land reclamation projects 
receiving less than 50 percent government funding.
    Indiana's definition of ``governmental entity'' lists various types 
of government entities, including Federal, State, county, city, and 
other local government bodies. There is no Federal counterpart to this 
definition. However, we find that the addition of a citation reference 
concerning the Department's procedures for abandoned mine land 
reclamation projects receiving less than 50 percent government funding 
will not make Indiana's previously-approved definition of 
``governmental entity'' inconsistent with any of the requirements of 
SMCRA or the Federal regulations.

b. IC 2004-71-32 Definition of ``Government-Financed Construction''

    (1) Section 32 of HEA 1203 added a new definition for ``government-
financed construction'' at IC 2004-71-32(a). This statutory definition 
is meant to take precedence over the current regulatory definition for 
``government-financed construction'' at 312 IAC 25-1-57. The current 
definition at 312 IAC 25-1-57 defines ``government-financed 
construction'' as construction funded 50 percent or more by funds 
appropriated from a government financing agency's budget or obtained 
from general revenue bonds. The statutory definition provides for the 
same types of funding for construction funded 50 percent or more, plus 
provides for funding at less than 50 percent if construction is 
undertaken as an approved reclamation project under Title IV of SMCRA 
and the State counterpart statutes at IC 14-34-19. Both definitions 
provide that the term does not pertain to government financing agency 
guarantees, insurance, loans, funds obtained through industrial revenue 
bonds or their equivalent, or in-kind payments.
    At IC 2004-71-32(a), Indiana's statutory definition of 
``government-financed construction'' contains language that is 
substantively similar to

[[Page 55350]]

and has the same meaning as the corresponding Federal definition at 30 
CFR 707.5. Therefore, we find that IC 2004-71-32(a) is no less 
effective than the Federal definition, and we are approving it.
    (2) Section 32 of HEA 1203 added a provision at IC 2004-71-32(b) 
that requires the Indiana Department of Natural Resources to amend its 
regulatory definition of ``government-financed construction'' at 312 
IAC 25-1-57 before July 1, 2006, to correspond with the statutory 
definition at IC 2004-71-32(a). As discussed above, Indiana's 
regulatory definition at 312 IAC 25-1-57 does not currently allow for 
construction that is less than 50 percent government funded.
    We agree that Indiana should amend its regulatory definition of 
``government-financed construction'' to correspond with the statutory 
definition. Although the statutory definition of ``government-financed 
construction'' at IC 2004-71-32(a) takes precedence over the currently 
approved regulatory definition at 312 IAC 25-1-57, State regulations 
and statutes should be in agreement. Therefore, we are approving IC 
2004-71-32(b).
    (3) At IC 2004-71-32(c), section 32 of HEA 1203 added a provision 
which states that IC 2004-71-32 will expire July 1, 2007.
    The State of Indiana authorizes its agencies to promulgate 
regulatory definitions, as well as other rules, needed to implement 
each agency's specific statutory requirements. Only those definitions 
that pertain to more than one agency are included in the Indiana Code. 
Thus, after Indiana amends its regulatory definition of ``government-
financed construction'' at 312 IAC 25-1-57 to correspond with the 
proposed statutory definition at IC 2004-71-32(a), there will no longer 
be a need for the statutory definition. Therefore, we are approving IC 
2004-71-32(c) with the understanding that Indiana will amend its 
regulatory definition before the July 1, 2007, expiration date.
2. Indiana Plan

IC 14-34-19-15 Procedures for Abandoned Mine Land Reclamation Projects 
Receiving Less Than 50 Percent Government Funding

    Section 31 of HEA 1203 added IC 14-34-19-15 to require the 
Department to make specified determinations and maintain specified 
documentation for abandoned mine land reclamation projects receiving 
less than 50 percent government funding because of planned coal 
extraction incidental to the reclamation of an abandoned mine land 
project. IC 14-34-19-15 outlines the procedures the Department needs to 
follow in approving abandoned mine land reclamation projects receiving 
less than 50 percent government funding. The required procedures are 
intended to ensure the appropriateness of the project being undertaken 
as an abandoned mine land reclamation project under the Indiana plan 
and not as a surface coal mining and reclamation operation under the 
Indiana program.
    Because IC 14-34-19-15 contains requirements that are the same as 
or similar to the corresponding Federal regulation requirements at 30 
CFR 874.17, we find that it is no less effective than the Federal 
regulation. Therefore, we are approving IC 14-34-19-15 as discussed 
below.
    a. IC 14-34-19-15(a)(1) provides that the provisions of IC 14-34-
19-15 apply when the Department is considering a mine land reclamation 
project under IC 14-34-1-2 or 312 IAC 25-2-3. IC 14-34-1-2 provides 
that the surface coal mining and reclamation law does not apply to the 
extraction of coal as an incidental part of Federal, State, or local 
government-financed highway or other construction under rules 
established by the Indiana program. Indiana's rule at 312 IAC 25-2-3 
implements IC 14-34-1-2 by providing an exemption for coal extraction 
incidental to Federal, State, or local government-financed highway or 
other construction. IC 14-34-19-15(a)(2) further provides that the 
provisions of IC 14-34-19-15 apply when the level of funding for the 
abandoned mine land reclamation project will be less than 50 percent of 
the total cost because of planned coal extraction.
    We find that IC 14-34-19-15(a) has requirements that are similar to 
and no less effective than the introductory paragraph of the 
counterpart Federal regulation at 30 CFR 874.17.
    b. IC 14-34-19-15(b)(1) requires the Department to make specific 
determinations regarding the likelihood of the coal being mined under a 
surface coal mining and reclamation operations permit issued under the 
Indiana program. Subdivision (b)(2) requires the Department to 
determine the likelihood that nearby mining activities might create new 
environmental problems or adversely affect existing environmental 
problems. Subdivision (b)(3) requires the Department to determine the 
likelihood that reclamation activities might adversely affect nearby 
mining activities.
    The only difference between IC 14-34-19-15(b) and the counterpart 
Federal regulation at 30 CFR 874.17(a) is consultation language. The 
Federal regulation requires the abandoned mine land reclamation agency 
to consult with the Title V regulatory authority to make the required 
determinations for funding construction for less than 50 percent of the 
total cost because of planned coal extraction. Because the Department 
has the authority for and implements both the Indiana plan and the 
Indiana program, there is no need for the consultation language. 
Therefore, we find that IC 14-34-19-15(b) is no less effective than the 
Federal regulation at 30 CFR 874.17(a).
    c. If a decision is made under subsection (b) to proceed with the 
abandoned mine land reclamation project, IC 14-34-19-15(c) requires the 
Department to make additional determinations concerning the limits of 
the incidental coal to be extracted and the delineation of boundaries 
of the abandoned mine lands reclamation project.
    We find that IC 14-34-19-15(c) contains requirements that are 
substantively similar to and no less effective than the counterpart 
Federal regulation at 30 CFR 874.17(b).
    d. IC 14-34-19-15(d) requires the following documentation to be 
included in the abandoned mine lands reclamation case file: (1) The 
determinations made under subsections (b) and (c); (2) the information 
taken into account in making the determinations; and (3) the names of 
the persons making the determinations.
    We find that IC 14-34-19-15(d) is substantively identical to and no 
less effective than the counterpart Federal regulation at 30 CFR 
874.17(c).
    e. For each project, IC 14-34-19-15(e) requires the Department to 
(1) characterize the site regarding mine drainage, active slide and 
slide prone areas, erosion and sedimentation, vegetation, toxic 
materials, and hydrological balance; (2) ensure that the reclamation 
project is conducted according to the provisions of 30 CFR Subchapter 
R, IC 14-34-19, and applicable procurement provisions to ensure the 
timely progress and completion of the project; (3) develop specific 
site reclamation requirements, including, when appropriate, performance 
bonds that comply with procurement procedures; and (4) require the 
contractor conducting the reclamation to provide, before reclamation 
begins, applicable documents that authorize the extraction of coal and 
any payment of royalties.
    We find that IC 14-34-19-15(e) is substantively identical to and no 
less

[[Page 55351]]

effective than the counterpart Federal regulation at 30 CFR 874.17(d).
    f. IC 14-34-19-15(f) requires the contractor to obtain a surface 
coal mining and reclamation operations permit for any coal extracted 
beyond the limits of incidental coal determined under subdivision 
(c)(1).
    We find that IC 14-34-19-15(f) is substantively identical to and no 
less effective than the counterpart Federal regulation at 30 CFR 
874.17(e).

IV. Summary and Disposition of Comments

Public Comments

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

Federal Agency Comments

    On June 10, 2004, under 30 CFR 732.17(h)(11)(i), 884.14(a)(2), 
884.15(a), and section 503(b) of SMCRA, we requested comments on the 
amendment from various Federal agencies with an actual or potential 
interest in the Indiana program and plan (Administrative Record No. 
IND-1730). The U.S. Fish and Wildlife Service responded on July 12, 
2004 (Administrative Record No. IND-1731), that it noted no significant 
issues related to wildlife conservation in the amendment.

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 Indiana proposed to 
make in this amendment pertain to air or water quality standards. 
Therefore, we did not ask EPA to concur on the amendment.
    On June 10, 2004, under 30 CFR 732.17(h)(11)(i), we requested 
comments on the amendment from EPA (Administrative Record No. IND-
1730). 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 on amendments that may have an effect on historic 
properties. On June 10, 2004, we requested comments on Indiana's 
amendment (Administrative Record No. IND-1730), but neither responded 
to our request.

V. OSM's Decision

    Based on the above findings, we approve the amendment Indiana sent 
to us on June 2, 2004. We are also taking this opportunity to correct 
the address listed at 30 CFR 914.10(a), which provides the location of 
the Indiana Department of Natural Resources' office where copies of the 
approved program are available for review.
    To implement this decision, we are amending the Federal regulations 
at 30 CFR part 914, which codify decisions concerning the Indiana 
program and plan. We find that good cause exists under 5 U.S.C. 
553(d)(3) to make this final rule effective immediately. Sections 405 
and 503(a) of SMCRA require that the State's plan and 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

    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

    With regard to the Indiana program, 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.
    With regard to the Indiana plan, 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 program 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 surface coal mining and reclamation operations and 
abandoned mine land 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 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. Section 
405(d) of SMCRA requires State abandoned mine land reclamation programs 
to be in compliance with the procedures, guidelines, and requirements 
established under 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. 
The determination for the Indiana program is based on the fact that the 
Indiana program does not regulate coal exploration and surface coal 
mining and reclamation operations on Indian lands.

[[Page 55352]]

The determination for the Indiana plan is based on the fact that the 
Indiana plan does not provide for reclamation and restoration of land 
and water resources adversely affected by past coal mining on Indian 
lands. Therefore, the Indiana program and plan have 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

    With regard to the Indiana program, 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)).
    With regard to the Indiana plan, 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 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 regulations did not impose an 
unfunded mandate.

List of Subjects in 30 CFR Part 914

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: August 26, 2004.
Charles E. Sandberg,
Regional Director, , Mid-Continent Regional Coordinating Center.

0
For the reasons set out in the preamble, 30 CFR part 914 is amended as 
set forth below:

PART 914--INDIANA

0
1. The authority citation for part 914 continues to read as follows:

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


0
2. Section 914.10 is amended by revising paragraph (a) to read as 
follows:


Sec.  914.10  State regulatory program approval.

* * * * *
    (a) Indiana Department of Natural Resources, Division of 
Reclamation, R.R. 2, Box 129, Jasonville, IN 47438-9517.
* * * * *
0
3. 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.

* * * * *

------------------------------------------------------------------------
 Original amendment submission    Date of final
             date                  publication      Citation/description
------------------------------------------------------------------------
 
                              * * * * * * *
June 2, 2004..................  September 14,      IC 14-8-2-117.3; 14-
                                 2004.              34-6-7, 14-34-6-
                                                    10(b)(2); 14-34-8-
                                                    4(g) and (h), 14-34-
                                                    8-6, 14-34-8-11(a),
                                                    (b), (e), and (f);
                                                    2004-71-32.
------------------------------------------------------------------------


0
4. Section 914.25 is amended in the table in paragraph (a) by adding a 
new entry in chronological order by ``Date of final publication'' to 
read as follows:


Sec.  914.25  Approval of Indiana abandoned mine land reclamation plan 
amendments.

    (a) * * *

[[Page 55353]]



----------------------------------------------------------------------------------------------------------------
   Original amendment submission date     Date of final publication              Citation/description
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
June 2, 2004...........................  September 14, 2004........  IC 14-34-19-15.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 04-20664 Filed 9-13-04; 8:45 am]
BILLING CODE 4310-05-P