[Federal Register Volume 69, Number 137 (Monday, July 19, 2004)]
[Proposed Rules]
[Pages 42927-42931]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 04-16284]



[[Page 42927]]

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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: 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) and Abandoned Mine Land 
Reclamation Plan (Indiana plan) under the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA or the Act). Indiana proposes revisions 
to and additions of statutes about release of performance bonds, 
requirements for the Indiana bond pool, and government financed 
construction. Indiana intends to revise its program to be consistent 
with SMCRA and to improve operational efficiency.
    This document gives the times and locations that the Indiana 
program and plan, and proposed amendment to that program and plan 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.s.t., August 18, 2004. If requested, we will hold a public hearing on 
the amendment on August 13, 2004. We will accept requests to speak at a 
hearing until 4 p.m., e.s.t. on August 3, 2004.

ADDRESSES: You may submit comments, identified by Docket No. IN-155-
FOR, by any of the following methods:
     E-mail: IFOMAIL@osmre.gov. Include Docket No. IN-155-FOR 
in the subject line of the message.
     Mail/Hand Delivery: Andrew R. Gilmore, Director, 
Indianapolis Field 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 Field Office. 
Andrew R. Gilmore, Director, Indianapolis Field 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: IFOMAIL@osmre.gov.
    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, Director, 
Indianapolis Field Office. Telephone: (317) 226-6700. E-mail: 
IFOMAIL@osmre.gov.

SUPPLEMENTARY INFORMATION: 

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

    By letter dated June 2, 2004 (Administrative Record No. IND-1728), 
the Indiana Department of Natural Resources (IDNR) 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 are discussed below. The IDNR sent the 
amendment to us at its own initiative. Section 1 of HEA 1203 amends 
Indiana Code (IC) 14-8-2-117.3, concerning the definition of 
``Governmental entity.'' Sections 26 and 27 of HEA 1203 amend IC 14-34-
6-7 and IC 14-34-6-10, respectively, concerning performance bond 
release. Sections 28, 29, and 30 of HEA 1203 amend IC 14-34-8-4, IC 14-
34-8-6, and IC 14-34-8-11, respectively, concerning the Indiana bond 
pool. Section 31 of HEA 1203 adds IC 14-34-19-15, concerning procedures 
for abandoned mine land reclamation

[[Page 42928]]

projects receiving less than 50 percent government funding. Finally, 
Section 32 of HEA 1203 adds a definition for ``government financed 
construction.'' 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. Indiana Program

1. 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. The revised 
definition reads as follows:

``Governmental entity'' for the purposes of IC 14-22-10-2, IC 14-22-
10-2.5, and IC 14-34-19-15 has the meaning set forth in IC 14-22-10-
2(a).

2. IC 14-34-6-7 and IC 14-34-6-10 Performance Bond Release
    a. Section 26 of HEA 1203 amended IC 14-34-6-7 to authorize the 
director of the Department of Natural Resources to initiate an 
application for the release of a performance bond. It designated the 
existing text as subsection (a) and added new subsection (b) to read as 
follows:

    (b) The director may initiate an application for the release of 
a bond. If a bond release application is initiated by the director, 
the department shall perform the notification and certification 
requirements otherwise imposed on the permittee under this section 
and section 8 of this chapter.

    b. Section 27 of HEA 1203 amended IC 14-34-6-10(b)(2) by removing 
the word ``permittee's.'' The revised subdivision reads as follows:

    (2) Request a public hearing within thirty (30) days after the 
last publication of the notice required by section 7 of this 
chapter.

3. IC 14-34-8-4, IC 14-34-8-6, and IC 14-34-8-11 Bond Pool
    a. 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'' to the end of each 
paragraph. With the addition of the phrase, a mine operator may 
withdraw from the bond pool by replacing bond pool liability with bonds 
acceptable under the surface coal mining and reclamation bonding law. 
The revised paragraphs read as follows:

    (g) Commencement of participation in the bond pool for the 
applicable permit constitutes an irrevocable commitment to 
participate in the bond pool for the applicable permit for the 
duration of the surface coal mining operations covered under the 
permit, unless the operator has replaced all bond pool liability 
with bonds acceptable under IC 14-34-6-1.
    (h) An operator may apply for participation in the bond pool on 
a bond increment area under an existing permit. Commencement of 
participation in the bond pool for the bond increment area, within 
an existing permit, constitutes an irrevocable commitment to 
participate in the bond pool for the duration of that surface coal 
mining permit, unless the operator has replaced all bond pool 
liability with bonds acceptable under IC 14-34-6-1.

    b. Section 29 of HEA 1203 amended IC 14-34-8-6 to authorize the 
director of the Department of Natural Resources to require operators to 
withdraw from the surface coal mine reclamation bond pool under certain 
circumstances. It amended IC 14-34-8-6(a) by changing a reference from 
``subsection (b)'' to ``subsection (c).'' It redesignated subsections 
(b) and (c) as IC 14-34-8-6(c) and (d) and added a new subsection (b) 
to read as follows:

    (b) If the final release of a bond has not been obtained within 
ten (10) years after the date of the last required report of the 
affected area for the permit, including new disturbances, the 
director may require the operator to:
    (1) Replace the bond pool liability with bonds acceptable under 
IC 14-34-6-1; and
    (2) Withdraw that operation from the bond pool.
    If the operator fails to 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.

    c. At IC 14-34-8-11, Section 30 of HEA 1203 amended membership and 
appointment authority of the surface coal mine reclamation bond pool 
committee by revising subsections (a), (b), (e), and (f) to read as 
follows:

    (a) The surface coal mine reclamation bond pool committee is 
established. The committee consists of the following:
    (1) Five (5) members appointed by the director as follows:
    (A) Three (3) members must represent a cross-section of coal 
operators.
    (B) One (1) member must be a member of the commission.
    (C) One (1) member must be a representative of the public with 
knowledge of reclamation performance guarantees.
    (2) The director or the director's designee, who is a nonvoting 
member.
    (b) The term of each member is four (4) years beginning July 1. 
The director may remove an appointed member for cause.
    (c) * * *
    (d) * * *
    (e) The committee shall, acting in an advisory capacity to the 
director, do the following:
    (1) Meet as necessary to perform duties under this chapter, but 
not less than one (1) time each year, for the purpose of formulating 
recommendations to the director concerning oversight of the general 
operation of the bond pool.
    (2) Review and make recommendations concerning the following:
    (A) All proposed expenses from the bond pool.
    (B) All applications for admission to the bond pool.
    (f) The director shall report annually to the committee and to 
the governor on the status of the bond pool.

4. IC 2004-71-32 Definition of ``Government Financed Construction''
    At IC 2004-71-32, Section 32 of HEA 1203 added a definition for 
``government financed construction'' and its associated requirements to 
read as follows:


    (a) Notwithstanding 312 IAC [Indiana Administrative Code] 25-1-
57, ``government financed construction'' means construction that is:
    (1) At least fifty percent (50%) funded by funds appropriated 
from a government financing agency's budget or obtained from general 
revenue bonds; or
    (2) Less than fifty percent (50%) funded by funds appropriated 
from a government financing agency's budget or obtained from general 
revenue bonds if construction is undertaken as an approved 
reclamation project under Title IV of the federal Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 1201 through 1328) 
and IC 14-34-19.
    However, construction through government financing guarantees, 
insurance, loans, funds obtained through industrial revenue bonds or 
their equivalent, or in-kind payments do not qualify as government 
financed construction.
    (b) Before July 1, 2006, the department of natural resources 
shall amend 312 IAC 25-1-57 to correspond with this Section.
    (c) This Section expires July 1, 2007.

B. 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 specific 
findings and documentation for certain mine land reclamation projects 
funded by a governmental entity. The new statute reads as follows:

    (a) This section applies to the following:
    (1) When the department is considering a mine land reclamation 
project under IC 14-34-1-2 or 312 IAC 25-2-3 that is:
    (A) at least fifty percent (50%) funded by funds appropriated 
from a governmental entity that finances the construction through 
either the entity's budget or general revenue bonds; or
    (B) less than fifty percent (50%) funded by funds appropriated 
from a governmental entity that finances the construction through 
either the entity's budget or general revenue bonds if the 
construction is an approved

[[Page 42929]]

reclamation project under Title IV of the federal Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 1201 through 30 
U.S.C. 1328) and this chapter.
    Government financing guarantees, insurance, loans, funds 
obtained through industrial revenue bonds or their equivalent, or 
in-kind payments are not considered funds appropriated by a 
governmental entity under this subdivision.
    (2) When the level of funding for the construction will be less 
than fifty percent (50%) of the total cost because of planned coal 
extraction.
    (b) The department must make the following determinations:
    (1) The likelihood that coal will be mined under a surface coal 
mining and reclamation operations permit issued under this article. 
The determination must consider available information, including the 
following:
    (A) Coal reserves from existing mine maps or other sources.
    (B) Existing environmental conditions.
    (C) All prior mining activity on or adjacent to the site.
    (D) Current and historical coal production in the area.
    (E) Any known or anticipated interest in mining the site.
    (2) The likelihood that nearby mining activities might create 
new environmental problems or adversely affect existing 
environmental problems at the site.
    (3) The likelihood that reclamation activities at the site might 
adversely affect nearby mining activities.
    (c) If a decision is made to proceed with the reclamation 
project, the department must make the following determinations:
    (1) The limits on any coal refuse, coal waste, or other coal 
deposits that can be extracted under the exemption under IC 14-34-1-
2 and 312 IAC 25-2-3.
    (2) The delineation of the boundaries of the abandoned mine 
lands reclamation project.
    (d) The following documentation must be included in the 
abandoned mine lands reclamation case file:
    (1) Determinations made under subsections (b) and (c).
    (2) The information taken into account in making the 
determinations.
    (3) The names of the persons making the determinations.
    (e) The department must do the following for each project:
    (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 provisions of 30 CFR Subchapter R, this chapter, 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.
    (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.
    (f) The contractor must obtain a surface coal mining and 
reclamation operations permit under this article for any coal 
extracted beyond the limits of the incidental coal specified in 
subsection (c)(1).

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h) and 30 CFR 884.15(a), we 
are seeking your comments on whether the amendment satisfies the 
applicable program and plan approval criteria of 30 CFR 732.15 and 30 
CFR 884.14, respectively. If we approve the amendment, it will become 
part of the Indiana program or plan, as noted in Section II of this 
document.

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 Indianapolis Field Office may 
not be logged in.

Electronic Comments

    Please submit electronic 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-155-FOR'' and your name and return 
address in your electronic message. If you do not receive a 
confirmation that we have received your electronic message, contact the 
Indianapolis Field 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.s.t., on 
August 3, 2004. 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 the provisions have no substantive effect on the regulated 
industry.

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.

[[Page 42930]]

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 or State 
and Tribal abandoned mine land reclamation plans and plan amendments 
because each program and plan 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. Under section 405 of 
SMCRA (30 U.S.C. 1235) and the Federal regulations at 30 CFR 884.14 and 
884.15, decisions on proposed State and Tribal abandoned mine land 
reclamation plans and plan amendments submitted by the States or Tribes 
must be based solely on a determination of whether the submittal meets 
the requirements to Title IV of SMCRA (30 U.S.C. 1231-1243) and its 
implementing Federal regulations and whether the other requirements of 
30 CFR part 884 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 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. 
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 and the Indiana plan does not regulate coal 
mined lands eligible for reclamation under Title IV of SMCRA 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

    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)). Also, 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 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 
administrative and procedural in nature and 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 administrative and procedural in nature and are not 
expected to have a substantive effect on the regulated industry.

[[Page 42931]]

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 administrative and 
procedural in nature and 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: June 17, 2004.
Charles E. Sandberg,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 04-16284 Filed 7-16-04; 8:45 am]
BILLING CODE 4310-05-P