[Federal Register Volume 79, Number 61 (Monday, March 31, 2014)]
[Rules and Regulations]
[Pages 17863-17868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07106]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 950

[SATS No: WY-044-FOR; Docket ID: OSM-2013-0001; 
S1D1SSS08011000SX066A00067F144S180110; 
S2D2SSS08011000SX066A00033F14XS501520]


Wyoming Regulatory Program

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

ACTION: Final rule; approval of amendment with certain exceptions.

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SUMMARY: We are issuing a final decision on an amendment to the Wyoming 
regulatory program (the ``Wyoming program'') under the Surface Mining 
Control and Reclamation Act of 1977 (``SMCRA'' or ``the Act''). Our 
decision approves in part and disapproves in part the amendment. 
Wyoming proposes revisions to rules concerning valid existing rights 
and individual civil penalties. Wyoming revised its program to be 
consistent with the corresponding Federal regulations and SMCRA, 
clarify ambiguities, and improve operational efficiency.

DATES: Effective Date: March 31, 2014.

FOR FURTHER INFORMATION CONTACT: Jeffrey Fleischman, Chief, Denver 
Field Division, Telephone: 307-261-6550, Internet address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Wyoming Program
II. Submission of the Proposed Amendment
III. Office of Surface Mining Reclamation and Enforcement's (OSM's) 
Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. Procedural Determinations

I. Background on the Wyoming 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

[[Page 17864]]

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 Wyoming program on November 26, 1980. You can find background 
information on the Wyoming program, including the Secretary's findings, 
the disposition of comments, and the conditions of approval of the 
Wyoming program in the November 26, 1980, Federal Register (45 FR 
78637). You can also find later actions concerning Wyoming's program 
and program amendments at 30 CFR 950.12, 950.15, 950.16, and 950.20.

II. Submission of the Proposed Amendment

    By letter dated January 4, 2013, Wyoming sent us a proposed 
amendment to its approved regulatory program (Administrative Record 
Docket ID No. OSM-2013-0001) under SMCRA (30 U.S.C. 1201 et seq.). 
Wyoming submitted the amendment in response to a concern letter OSM 
sent relating to valid existing rights (VER) and a Federal Register 
notice (78 FR 10512) that disapproved several VER rule changes that 
were required by an April 2, 2001, letter we sent in accordance with 30 
CFR 732.17(c) (``732 letter''). That letter required Wyoming to submit 
amendments to ensure its program remains consistent with the Federal 
program. This amendment package is intended to address all remaining 
required rule changes pertaining to VER. Wyoming also proposes changes 
to its rules for individual civil penalties that were disapproved in 
the Federal Register notice.
    We announced receipt of the proposed amendment in the March 14, 
2013, Federal Register (78 FR 16204). In the same document, we opened 
the public comment period and provided an opportunity for a public 
hearing or meeting on the amendment's adequacy (Administrative Record 
Document ID No. OSM-2013-0001-0001). We did not hold a public hearing 
or meeting because no one requested one. The public comment period 
ended on April 15, 2013. We received comments from two Federal agencies 
(discussed under ``IV. Summary and Disposition of Comments'').
    During our review of the amendment, we identified concerns 
regarding Wyoming's proposed rule changes in response to a November 7, 
1988, 732 letter and the Federal Register notice (78 FR 10512, 10518) 
concerning its newly-proposed rules at Chapter 16, Section 4(c)(i)(A) 
imposing criteria that shall be considered when determining the amount 
of an individual civil penalty to be assessed, and its proposed 
revisions at Chapter 12, Section 1(a)(vii)(F) regarding availability of 
records in response to the April 2, 2001, 732 letter. We notified 
Wyoming of these concerns by letter dated June 24, 2013 (Administrative 
Record Document ID No. OSM-2013-0001-0010).
    We delayed final rulemaking to afford Wyoming the opportunity to 
submit new material to address the deficiencies. Wyoming responded in a 
letter dated August 5, 2013, that it could not currently submit 
additional formal revisions to the amendment due to the administrative 
rulemaking requirements for promulgation of revised substantive rules 
(Administrative Record Document ID No. OSM-2013-0001-0011). 
Specifically, Wyoming explained that the required changes would be 
considered substantive in nature and therefore the Land Quality 
Division (LQD) is required to present the proposed rules to the LQD 
Advisory Board and then the Wyoming Environmental Quality Council for 
vetting. Following approval by the Governor, the rules may be submitted 
to OSM for final review. While it could not submit formal changes, 
Wyoming did submit informal responses to the noted concerns. Therefore, 
we are proceeding with the final rule Federal Register document. Our 
concerns and Wyoming's responses thereto are explained in detail below.

III. OSM's Findings

    30 CFR 732.17(h)(10) requires that State program amendments meet 
the criteria for approval of State programs set forth in 30 CFR 732.15, 
including that the State's laws and regulations are in accordance with 
the provisions of the Act and consistent with the requirements of 30 
CFR Part 700. In 30 CFR 730.5, OSM defines ``consistent with'' and ``in 
accordance with'' to mean (a) with regard to SMCRA, the State laws and 
regulations are no less stringent than, meet the minimum requirements 
of, and include all applicable provisions of the Act and (b) with 
regard to the Federal regulations, the State laws and regulations are 
no less effective than the Federal regulations in meeting the 
requirements of SMCRA.
    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 certain exceptions as described below.

A. Revisions to Wyoming's Rules That Have the Same Meaning as the 
Corresponding Provisions of the Federal Regulations

    1. Wyoming proposes additions and revisions to the following rules 
containing language that are the same as or similar to the 
corresponding sections of the Federal regulations and/or SMCRA. 
Therefore we are approving them.
    Chapter 12, Section 1(a)(v)(D); VER Permitting Procedures; public 
road waivers [30 CFR 761.14 (b) and (c)];
    Chapter 12, Section 1(a)(vii)(A)(I); VER Submission Requirements 
and Procedures; requests for VER determinations and property rights 
demonstrations [30 CFR 761.16(b)(1)];
    Chapter 12, Section 1(a)(vii)(A)(IV); VER Submission Requirements 
and Procedures; requests for VER determinations and standards for mine 
roads; [30 CFR 761.16(b)(4)];
    Chapter 12, Section 1(a)(vii)(B)(I); VER Submission Requirements 
and Procedures; initial review of VER request; [30 CFR 761.16(c)(1)];
    Chapter 12, Section 1(a)(vii)(B)(IV); VER Submission Requirements 
and Procedures; initial review of VER request; [30 CFR 761.16(c)(4)];
    Chapter 12, Section 1(a)(vii)(C)(I)(3.)(a)-(d); VER Submission 
Requirements and Procedures; VER notice and comment requirements; [30 
CFR 761.16(d)(1)(iii)(A)-(C) and (iv)];
    Chapter 12, Section 1(a)(vii)(C)(II)(2.); VER Submission 
Requirements and Procedures; VER notice and comment requirements; [30 
CFR 761.16(d)(2)(ii)];
    Chapter 12, Section 1(a)(vii)(C)(III); VER Submission Requirements 
and Procedures; VER notice and comment requirements; [30 CFR 
761.16(d)(3)];
    Chapter 12, Section 1(a)(vii)(D)(I); VER Submission Requirements 
and Procedures; how a VER decision will be made; [30 CFR 761.16(e)(1)];
    Chapter 12, Section 1(a)(vii)(D)(III)(1.) and (2.); VER Submission 
Requirements and Procedures; how a VER decision will be made; [30 CFR 
761.16(e)(3)(i) and (ii)];
    Chapter 12, Section 1(a)(vii)(G)(III)(2.); VER Submission 
Requirements and Procedures; procedures for joint approval of surface 
coal mining operations that will adversely affect publicly owned parks 
or historic places; [30 CFR 761.17(d)(3)(ii)];
    Chapter 16, Section 4(a)(iii); Individual Civil Penalties; 
definition of ``Willfully;'' [30 CFR 701.5]; and

[[Page 17865]]

    Chapter 16, Section 4(b)(i); Individual Civil Penalties; when an 
individual civil penalty may be assessed; [30 CFR 846.12(a)].
    2. Chapter 1, Section 2(fl)(ii)(B)(IV); Definition of ``Needed for 
and adjacent standard.''
    In a previous rulemaking action (WY-040-FOR), Wyoming proposed a 
new ``Needed for and adjacent standard'' definition at Chapter 1, 
Section 2(fl)(ii)(B) in response to Item B-5 of OSM's April 2, 2001, 
732 letter. Subsection (IV) of the definition included a requirement 
that, when evaluating if a person meets that standard, the agency 
making the decision may consider ``Whether the land lies within the 
area identified on the life-of-mine map submitted before the land came 
under the protection of 30 CFR 761.11 (2009).'' OSM subsequently 
disapproved proposed subsection (IV) in a February 14, 2013, Federal 
Register notice (78 FR 10512, 10514) because the Federal counterpart 
provision at 30 CFR 761.5(b)(2)(iv) includes specific citation cross-
references requiring the submission of a life-of-mine map as part of a 
permit application. As a result, we required Wyoming to revise the 
proposed rule language to specify the applicable counterpart permit 
application reference for requiring the submission of life-of-mine 
maps.
    In response to the February 14, 2013, disapproval, Wyoming now 
proposes to revise its rule at Chapter 1, Section 2(fl)(ii)(B)(IV) to 
include specific citation cross-references requiring the submission of 
a life-of-mine map as part of a permit application. Wyoming's proposed 
rule change makes its rule consistent with and no less effective than 
the Federal counterpart provision at 30 CFR 761.5(b)(2)(iv) and 
satisfies Item B-5 of the April 2, 2001, 732 letter. Accordingly, we 
approve it.
    3. Chapter 1, Section 2(fl)(iii); VER standards for roads.
    In a previous rulemaking action (WY-040-FOR), Wyoming proposed a 
new rule at Chapter 1, Section 2(fl)(iii) to apply the VER standard to 
all roads in response to Item B-5 of OSM's April 2, 2001, 732 letter. 
However, the proposed rule language referred to roads included within a 
``surface mining operation.'' OSM subsequently disapproved proposed 
subsection (iii) in a February 14, 2013, Federal Register notice (78 FR 
10512, 10515) because the Federal counterpart provision at 30 CFR 
761.5(c), as well as the remainder of Wyoming's rules refer to 
``surface coal mining operations.'' As a result, we required Wyoming to 
revise its proposed rule language at Chapter 1, Section 2(fl)(iii)) to 
include the term ``coal.''
    In response to the February 14, 2013, disapproval, Wyoming now 
proposes to revise its rule at Chapter 1, Section 2(fl)(iii) to apply 
the VER standard to roads included within a ``surface coal mining 
operation.'' It should also be noted that Wyoming's statutory 
definition of ``surface coal mining operation'' at W.S. Sec.  35-11-
103(e)(xx) was approved by OSM on March 31, 1980, and is substantively 
identical to the Federal definitions found at Section 701(28) of SMCRA 
and 30 CFR 700.5, respectively. Wyoming's proposed language makes its 
rule consistent with and no less effective than the Federal counterpart 
provision at 30 CFR 761.5(c) and satisfies Item B-5 of the April 2, 
2001, 732 letter. Accordingly, we approve the proposed rule change.
    4. Chapter 12, Section 1(a)(vii)(E); Administrative and judicial 
review.
    In a previous rulemaking action (WY-040-FOR), Wyoming proposed to 
add requirements to its rules at Chapter 12, Section 1(a)(vii)(E) 
providing for administrative and judicial review of VER determinations 
in response to Item G-1 of OSM's April 2, 2001, 732 letter. OSM 
subsequently disapproved proposed subsection (E) in a February 14, 
2013, Federal Register notice (78 FR 10512, 10517) because Wyoming did 
not provide a counterpart reference to the Federal requirements in 30 
CFR 761.16(f) regarding the procedures pertaining to administrative and 
judicial review. As a result, we required Wyoming to revise its 
proposed rule language at Chapter 12, Section 1(a)(vii)(E) by adding a 
reference to the Wyoming Administrative Procedure Act.
    In response to the February 14, 2013, disapproval, Wyoming now 
proposes to revise its rules at Chapter 12, Section 1(a)(vii)(E) by 
including a reference to its statutes at W.S. Sec.  16-3-101 through 
16-3-115 of the Wyoming Administrative Procedure Act concerning 
administrative (contested case) and judicial review. Wyoming's 
reference to its statutes pertaining to administrative and judicial 
review in place of the corresponding Federal requirements does not 
render proposed subsection (E) less effective than the Federal 
regulations at 30 CFR 761.16(f). For these reasons, Wyoming's proposed 
rule change satisfies Item G-1 of the April 2, 2001, 732 letter and we 
approve it.

B. Revisions to Wyoming's Rules That Are Not the Same as the 
Corresponding Provisions of the Federal Regulations

    1. Chapter 1, Section 2(fl); Definition of ``Valid Existing 
Rights.''
    Item B-1 of OSM's April 2, 2001, 732 letter required Wyoming to 
revise its definition of VER at Chapter 1, Section 2(fl) by adding an 
explanation of the operation of VER. In response, Wyoming proposed to 
revise its rules at Chapter 1, Section 2(fl) in a previous rulemaking 
action (WY-040-FOR) by adding a basic conceptual definition of VER and 
noting that operations on prohibited or limited areas under VER are 
still subject to the remainder of SMCRA regulations. OSM subsequently 
disapproved the revised VER definition at Chapter 1, Section 2(fl) in a 
February 14, 2013, Federal Register notice (78 FR 10512, 10517) because 
Wyoming did not include Federal counterpart language stating that 
``Possession of valid existing rights only confers an exception from 
the prohibitions of Sec.  761.11 and 30 U.S.C. 1272(e).'' Consequently, 
we required Wyoming to add the ``exception'' language to its proposed 
definition of VER.
    In response to the February 14, 2013, disapproval, Wyoming proposed 
to revise its rules at Chapter 1, Section 2(fl) by specifying that 
``Possession of valid existing rights only confers an exception from 
the prohibitions of 30 CFR 761.11 and Section 522(e) of P.L. 98-87.''
    Unfortunately, the proposed language referencing SMCRA contains an 
incorrect citation wherein ``P.L. 98-87'' is referenced rather than 
``P.L. 95-87.'' For this reason, we are not approving Wyoming's 
proposed rule revision.
    2. Chapter 12, Section 1(a)(vii)(F); Availability of records.
    Item G-4 of OSM's April 2, 2001, 732 letter required Wyoming to 
submit counterpart provisions to 30 CFR 761.16(g) regarding 
availability of records requirements. In response, Wyoming proposed to 
revise its rules at Chapter 12, Section 1(a)(vii)(F) in a previous 
rulemaking action (WY-040-FOR) by requiring that the Division or agency 
responsible for processing a VER request shall make a copy of the 
request and related materials available to the public. OSM subsequently 
disapproved proposed subsection (F) in a February 14, 2013, Federal 
Register notice (78 FR 10512, 10517) because Wyoming did not specify in 
the heading that the rule pertains to ``Availability of records'' and 
did not provide counterpart language to the Federal requirements in 30 
CFR 761.16(g) explaining that, in addition to the VER request and 
related materials, records associated with any subsequent

[[Page 17866]]

VER determination shall also be made available to the public. As a 
result, we required Wyoming to revise its proposed rule language at 
Chapter 12, Section 1(a)(vii)(F) by making the aforementioned changes.
    In response to the February 14, 2013, disapproval, Wyoming proposed 
to revise its rules at Chapter 12, Section 1(a)(vii)(F) by specifying 
that the rule pertains to ``Availability of records.'' In addition, 
Wyoming proposed language explaining that, in addition to the VER 
request and related materials, records associated with any subsequent 
VER determination under subsection (D) of its rules shall be made 
available to the public in accordance with the requirements and 
procedures of W.S. Sec.  35-11-1101.
    OSM replied in a letter dated June 24, 2013, that 30 CFR 761.16(g) 
requires the agency responsible for processing VER determination 
requests to make a copy of the request available to the public in the 
same manner as it makes permit applications available under 30 CFR 
773.6(d). The responsible agency must also make records associated with 
the VER request and any subsequent determination available to the 
public in accordance with the requirements and procedures of 30 CFR 
840.14.
    Wyoming's proposed rule language requires the Division to make a 
copy of a VER request and related materials available to the public in 
the same manner as public availability of permit applications under its 
rules and regulations. Wyoming's regulatory counterpart to 30 CFR 
773.6(d)(1) regarding public availability of permit applications is 
found at Chapter 12, Section 1(b) and requires, in pertinent part, that 
all procedural requirements of the Act and the regulations relating to 
review, public participation, and approval or disapproval of permit 
applications, and permit term and conditions shall, unless otherwise 
provided, apply to permit revisions, amendments, renewals and permit 
transfer, assignment or sale of permit rights.
    Wyoming's statutory provisions regarding availability of records to 
the public and confidentiality are found at W.S. Sec.  35-11-1101(a) 
and (b) of the Wyoming Environmental Quality Act. Subsection (a) holds 
that any records, reports or information obtained under the Wyoming 
Environmental Quality Act or the rules, regulations and standards 
promulgated thereunder are available to the public, unless a 
satisfactory showing is made to the director by any person that his 
records, reports or information or particular parts thereof would 
divulge trade secrets if made public. If such a showing is 
satisfactory, the director and administrators shall consider the 
records, reports or information or particular portions thereof 
confidential in the administration of the Act. Subsection (b) states 
that nothing shall be construed to prevent disclosure of any records, 
reports or information to Federal, state or local agencies necessary 
for the purposes of administration of any Federal, state or local air, 
water or land control measures or regulations or when relevant to any 
proceedings under the act.
    While W.S. Sec.  35-11-1101 meets some of the requirements of 30 
CFR 840.14, it fails to satisfy all of them. In particular, 30 CFR 
840.14(b) specifies that the regulatory authority shall make copies of 
all records immediately available to the public in the area of mining 
until at least five years after the expiration of the period during 
which the operation is active or is covered by any portion of a 
reclamation bond. Since W.S. Sec.  35-11-1101 fails to include a 
similar provision, we found that Wyoming's reference to the statute 
does not satisfy the requirements of 30 CFR 840.14 as referenced in 30 
CFR 761.16(g) and newly-proposed subsection (F) remains less effective 
than the Federal regulations.
    Wyoming responded in a letter dated August 5, 2013, by stating its 
belief that the current record retention requirements and public 
records acts for the State may already satisfy the public availability 
requirements of 30 CFR 840.14(b). As a result, Wyoming stated that the 
LQD will examine other statutory requirements and records retention 
requirements for the agency, and will provide the results of that 
examination to OSM in order to discuss whether the requested revision 
is still necessary in light of the information provided. Wyoming 
concluded by noting that if it is determined that the rules are still 
deficient the LQD will draft rules to address OSM's concern.
    For the reasons discussed above, we are not approving Wyoming's 
newly-proposed rule at Chapter 12, Section 1(a)(vii)(F) concerning 
requirements for making VER requests and related materials available to 
the public. We also acknowledge Wyoming's desire to examine other 
statutory and records retention requirements to determine compliance 
with 30 CFR 840.14(b), and its commitment to revise its rules and 
address OSM's concerns in a future rulemaking effort if required as a 
result of that examination.
    3. Chapter 16, Section 4(c)(i); Amount of Civil Penalty.
    In a November 7, 1988, 732 letter, OSM notified Wyoming that its 
rules concerning individual civil penalties were deficient. In a 
previous rulemaking action (WY-040-FOR), Wyoming proposed new rules at 
Chapter 16, Section 4(c)(i) imposing criteria that shall be considered 
when determining the amount of the individual civil penalty to be 
assessed. Proposed subsection (A) requires the Director to consider the 
``individual's history of authorizing, ordering or carrying out 
previous violations, failures or refusals at the particular surface 
mining operation.'' OSM subsequently disapproved proposed subsection 
(A) in a February 14, 2013, Federal Register notice (78 FR 10512, 
10518) because the Federal counterpart provision at 30 CFR 
846.14(a)(1), as well as the remainder of Wyoming's rules refer to 
``surface coal mining operations.'' As a result, we required Wyoming to 
revise its proposed rule language at Chapter 16, Section 4(c)(i)(A) to 
include the term ``coal.''
    Unfortunately, Wyoming did not address this disapproval in its 
January 4, 2013, amendment and we notified Wyoming in a letter dated 
June 24, 2013, that our original decision remains outstanding.
    Wyoming responded in a letter dated August 5, 2013, by stating that 
it will revise its proposed rule language at Section 4(c)(i)(A) to read 
``surface coal mining operations.''
    Accordingly, we are not approving Wyoming's newly-proposed rule at 
Chapter 16, Section 4(c)(i)(A) imposing criteria that shall be 
considered when determining the amount of an individual civil penalty 
to be assessed. We also acknowledge Wyoming's commitment to revise the 
rule to address the required change discussed above in a future 
rulemaking effort.

IV. Summary and Disposition of Comments

Public Comments

    We asked for public comments on the amendment (Administrative 
Record Document ID No. OSM-2013-0001-0001), 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 Wyoming program (Administrative 
Record No. WY-49-03). We received comments from two Federal Agencies.
    The United States Forest Service (USFS) commented in a February 27,

[[Page 17867]]

2013, email response (Administrative Record Document ID No. OSM-2013-
0001-0008), and the Mine Safety and Health Administration (MSHA) 
commented in a March 1, 2013, letter (Administrative Record Document ID 
No. OSM-2013-0001-0009).
    The USFS responded that its comment is reflective of its role as a 
Federal land managing agency in the coal permitting process. The USFS 
then stated its support for the clarification in the formal amendment 
on using variable topsoil depths to facilitate species diversity during 
reclamation.
    MSHA responded that it reviewed the proposed changes in the formal 
amendment, concurs with the proposed revisions, and had no further 
comment.

Environmental Protection Agency (EPA) Concurrence and Comments

    Under 30 CFR 732.17(h) (11) (i) and (ii), we are required to get 
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.).
    Under 30 CFR 732.17(h) (11) (i), OSM requested comments on the 
amendment from EPA (Administrative Record No. WY-49-03). 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 January 31, 2013, we requested comments on 
Wyoming's amendment (Administrative Record Nos. WY-49-04 and WY-49-05), 
but neither responded to our request.

V. OSM's Decision

    Based on the above findings, we approve, with certain exceptions, 
Wyoming's January 4, 2013, amendment. We do not approve the following 
provisions or parts of provisions.
    As discussed in Finding No. III.B.1, we are not approving Wyoming's 
revised VER definition at Chapter 1, Section 2(fl).
    As discussed in Finding No. III.B.2, we are not approving Wyoming's 
newly-proposed rule at Chapter 12, Section 1(a)(vii)(F) concerning 
requirements for making VER requests and related materials available to 
the public.
    As discussed in Finding No. III.B.3, we are not approving Wyoming's 
newly-proposed rule at Chapter 16, Section 4(c)(i)(A) imposing criteria 
that shall be considered when determining the amount of the individual 
civil penalty to be assessed.
    To implement this decision, we are amending the Federal regulations 
at 30 CFR Part 950, which codify decisions concerning the Wyoming 
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 
demonstrates that the State has the capability of carrying out the 
provisions of the Act and meeting its purposes. Making this regulation 
effective immediately will expedite that process. SMCRA requires 
consistency of State and Federal standards.

Effect of OSM's Decision

    Section 503 of SMCRA provides that a State may not exercise 
jurisdiction under SMCRA unless the State program is approved by the 
Secretary. Similarly, 30 CFR 732.17(a) requires that any change of an 
approved State program be submitted to OSM for review as a program 
amendment. The Federal regulations at 30 CFR 732.17(g) prohibit any 
changes to approved State programs that are not approved by OSM. In the 
oversight of the Wyoming program, we will recognize only the statutes, 
regulations and other materials we have approved, together with any 
consistent implementing policies, directives and other materials. We 
will require Wyoming to enforce only approved provisions.

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 regulation.

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. 
The rule does not involve or affect Indian Tribes in any way.

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.

[[Page 17868]]

National Environmental Policy Act

    This rule does not require an environmental impact statement 
because section 702(d) of SMCRA (30 CFR 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) et seq).

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. 
3501 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), of 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.
    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 950

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: January 29, 2014.
Allen D. Klein,
Director, Western Region.
    For the reasons set out in the preamble, 30 CFR part 950 is amended 
as set forth below:

PART 950--WYOMING

0
1. The authority citation for part 950 continues to read as follows:

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

0
2. Section 950.15 is amended in the table by adding a new entry in 
chronological order by ``Date of Final Publication'' to read as 
follows:


Sec.  950.15  Approval of Wyoming regulatory program amendments.

* * * * *

----------------------------------------------------------------------------------------------------------------
  Original amendment submission date          Date of final  publication              Citation/description
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
January 4, 2013.......................  March 31, 2014........................  Chap. 1, Sec. 2(fl) (ii)
                                                                                 (B)(IV); Chap. 1, Sec.
                                                                                 2(fl)(iii); Chap. 12, Sec.
                                                                                 1(a)(v)(D); Chap. 12, Sec.
                                                                                 1(a)(vii)(A)(I); Chap. 12, Sec.
                                                                                 1(a)(vii)(A)(IV); Chap. 12,
                                                                                 Sec. 1(a)(vii)(B)(I); Chap. 12,
                                                                                 Sec. 1(a)(vii)(B)(IV); Chap.
                                                                                 12, Sec. 1(a)(vii)(C)(I)(3.)(a)-
                                                                                 (d); Chap. 12, Sec.
                                                                                 1(a)(vii)(C)(II)(2.); Chap. 12,
                                                                                 Sec. 1(a)(vii)(C)(III); Chap.
                                                                                 12, Sec. 1(a)(vii)(D)(I); Chap.
                                                                                 12, Sec. 1(a)(vii)(D)(III)(1.)
                                                                                 and (2.); Chap. 12, Sec.
                                                                                 1(a)(vii)(E); Chap. 12, Sec.
                                                                                 1(a)(vii)(G)(III)(2.); Chap.
                                                                                 16, Sec. 4(a)(iii); Chap. 16,
                                                                                 Sec. 4(b)(i);
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2014-07106 Filed 3-28-14; 8:45 am]
BILLING CODE 4310-05-P