[Federal Register Volume 71, Number 218 (Monday, November 13, 2006)]
[Proposed Rules]
[Pages 66148-66150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19085]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[Docket No. IN-157-FOR]


Indiana Regulatory Program

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

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

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are announcing receipt of a proposed amendment to the Indiana 
regulatory program (Indiana program) under the Surface Mining Control 
and Reclamation Act of 1977 (SMCRA or the Act). Indiana proposes 
revisions to its rules to allow commercial forestry (trees) to be 
planted on reclaimed prime farmland provided all remaining reclamation 
requirements for prime farmland are met. Indiana also proposes to 
restructure several of its provisions and make some minor language 
changes. Indiana intends to revise its program to improve operational 
efficiency.
    This document gives the times and locations that the Indiana 
program and proposed amendment to that program are available for your 
inspection, the comment period during which you may submit written 
comments on the amendment, and the procedures that we will follow for 
the public hearing, if one is requested.

DATES: We will accept written comments on this amendment until 4 p.m., 
e.t., December 13, 2006. If requested, we will hold a public hearing on 
the amendment on December 8, 2006. We will accept requests to speak at 
a hearing until 4 p.m., e.t. on November 28, 2006.

ADDRESSES: You may submit comments, identified by Docket No. IN-157-
FOR, by any of the following methods:
     E-mail: [email protected]. Include Docket No. IN-157-FOR 
in the subject line of the message.
     Mail/Hand Delivery: Andrew R. Gilmore, Chief, Alton Field 
Division--Indianapolis Area Office, Office of Surface Mining 
Reclamation and Enforcement, Minton-Capehart Federal Building, 575 
North Pennsylvania Street, Room 301, Indianapolis, Indiana 46204.
     Fax: (317) 226-6182.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. For detailed instructions on 
submitting comments and additional information on the rulemaking 
process, see the ``Public Comment Procedures'' heading of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: For access to the docket to review copies of the Indiana 
program, this amendment, a listing of any scheduled public hearings, 
and all written comments received in response to this document, you 
must go to the address listed below during normal business hours, 
Monday through Friday, excluding holidays. You may receive one free 
copy of the amendment by contacting OSM's Indianapolis Area Office. 
Andrew R. Gilmore, Chief, Alton Field Division--Indianapolis Area 
Office, Office of Surface Mining Reclamation and Enforcement, Minton-
Capehart Federal Building, 575 North Pennsylvania Street, Room 301, 
Indianapolis, Indiana 46204, Telephone: (317) 226-6700, E-mail: 
[email protected].
    In addition, you may review a copy of the amendment during regular 
business hours at the following location: Indiana Department of Natural 
Resources, Division of Reclamation, R. R. 2, Box 129, Jasonville, 
Indiana 47438-9517, Telephone: (812) 665-2207.

FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Chief, Alton Field 
Division--Indianapolis Area Office. Telephone: (317) 226-6700. E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background on the Indiana Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations

I. Background on the Indiana 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 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 (Secretary) 
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 comments, and the conditions 
of approval of the Indiana program 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.

II. Description of the Proposed Amendment

    By letter dated October 23, 2006 (Administrative Record No. IND-
1738), Indiana sent us an amendment to its program under SMCRA (30 
U.S.C. 1201 et seq.). Indiana sent the amendment at its own initiative. 
Below is a summary of the changes proposed by Indiana. The full text of 
the program amendment is available for you to read at the locations 
listed above under ADDRESSES.

A. 312 Indiana Administrative Code (IAC) 25-4-102 Special Categories of 
Mining; Prime Farmland

    1. Indiana proposes to restructure the following provisions with 
minor changes to the existing language: 312 IAC 25-4-102(a)(1), 
(a)(3)(A) and (B); (b); (d)(4) and (6); (e)(3); and (f)(5).
    2. At 312 IAC 25-4-102, Indiana proposes to add new subdivision 
(d)(8) to read as follows:

    (d)(8) If the applicant proposes to establish commercial forest 
resources on the prime farmland, the plan must also include the 
following:
    (A) A commercial forest planting plan that shall include the 
following:
    (i) A stocking rate.
    (ii) A plan for replanting as needed.
    (B) A commercial forest management plan.
    (C) Documentation of landowner consent.

B. 312 IAC 25-6-143 Prime Farmland; Special Performance Standards; 
Revegetation and Restoration of Soil Productivity

    1. Indiana proposes to restructure the following provisions: 312 
IAC 25-6-143(b)(3) and (b)(8).
    2. At 312 IAC 25-6-143, Indiana proposes to add new subsection (c) 
to read as follows:

    (c) Commercial forest resources may be established on reclaimed 
prime farmland provided that productivity is demonstrated by 
subsection (b) and as follows:
    (1) The director has approved a forest planting plan and forest 
management plan in consultation with the division of forestry.
    (2) Landowner consent has been obtained.

[[Page 66149]]

    (3) Forest compatible, permanent ground cover sufficient to 
control erosion is established and all erosion areas must be 
repaired or otherwise stabilized.
    (4) The required soil replacement depth is verified and approved 
before trees are planted.
    (5) Soil productivity shall be demonstrated under subsection 
(b).

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are seeking your 
comments on whether the amendment satisfies the applicable program 
approval criteria of 30 CFR 732.15. If we approve the amendment, it 
will become part of the State program.

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 Alton Field Division--
Indianapolis Area Office 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: Docket No. IN-157-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 Alton Field 
Division--Indianapolis Area Office at (317) 226-6700.

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 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., e.t. on 
November 28, 2006. 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

    The provisions in the rule based on counterpart Federal regulations 
do not have takings implications. This determination is based on the 
analysis performed for the counterpart Federal regulations. The 
revisions made at the initiative of the State that do not have Federal 
counterparts have also been reviewed and a determination made that they 
do not have takings implications. This determination is based on the 
fact that this rulemaking has no takings implications.

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

[[Page 66150]]

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 a portion of the 
provisions in 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.) because they are 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 part of the rule would have a 
significant economic impact, the Department relied upon the data and 
assumptions for the counterpart Federal regulations. The Department of 
the Interior also certifies that the provisions in this rule that are 
not based upon counterpart Federal regulations 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.). This 
determination is based upon the fact that the provisions are voluntary 
and as such are not expected to have a substantive effect on the 
regulated industry.

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 a portion 
of the State provisions are 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. For the portion of 
the State provisions that is not based upon counterpart Federal 
regulations, this determination is based upon the fact that the State 
provisions are voluntary and as such are not expected to have a 
substantive effect on the regulated industry.

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 a portion of 
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. For the portion of the State provisions that is not 
based upon counterpart Federal regulations, this determination is based 
upon the fact that the State provisions are voluntary and as such are 
not expected to have a substantive effect on the regulated industry.

List of Subjects in 30 CFR Part 914

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: October 27, 2006.
Charles E. Sandberg,
Regional Director, Mid-Continent Region.
 [FR Doc. E6-19085 Filed 11-9-06; 8:45 am]
BILLING CODE 4310-05-P