[Federal Register Volume 70, Number 84 (Tuesday, May 3, 2005)]
[Rules and Regulations]
[Pages 22792-22795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8732]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 915

[Docket No. IA-014-FOR]


Iowa Regulatory Program

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 Iowa regulatory program (Iowa 
program) under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA or the Act). Iowa proposed revisions to its April 1999 
revegetation success guidelines titled, ``Revegetation Success 
Standards and Statistically Valid Sampling Techniques.'' Iowa intends 
to revise its program in response to required program amendments.

DATES: Effective Date: May 3, 2005.

FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Chief, Alton Field 
Division. Telephone: (618) 463-6460. E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Iowa Program
II. Submission of the Amendment
III. OSM's Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. Procedural Determinations

I. Background on the Iowa Program

    Section 503(a) of the Act permits a State to assume primacy for the 
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that 
its State program includes, among other things, ``a State law which 
provides for the regulation of surface coal mining and reclamation 
operations in accordance with the requirements of this Act * * *; and 
rules and regulations consistent with regulations issued by the 
Secretary pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On 
the basis of these criteria, the Secretary of the Interior (Secretary) 
conditionally approved the Iowa program effective April 10, 1981. You 
can find background information on the Iowa program, including the 
Secretary's findings, the disposition of comments, and conditions of 
approval, in the January 21, 1981, Federal Register (46 FR 5885). You 
can also find later actions concerning Iowa's program and program 
amendments at 30 CFR 915.10, 915.15, and 915.16.

II. Submission of the Amendment

    By letter dated December 27, 2004 (Administrative Record No. IA-
449), Iowa sent us an amendment to its program under SMCRA (30 U.S.C. 
1201 et seq.). Iowa sent the amendment in response to required program 
amendments codified at 30 CFR 915.16(a) and (c).
    We announced receipt of the amendment in the February 8, 2005, 
Federal Register (70 FR 6606). 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 March 10, 2005. We received comments from one Federal 
agency.
    During our review of the amendment, we identified concerns 
regarding the yield data sources for revegetation success standards. We 
notified Iowa of these concerns by e-mail on March 10, 2005 
(Administrative Record No. IA-449.5). Iowa responded by telephone on 
March 11, 2005 (Administrative Record Number IA-449.6). Because 
additional information presented by Iowa merely clarified certain 
provisions of its amendment, we did not reopen the public comment 
period.

III. OSM's Findings

    Following are the findings we made concerning the amendment under 
SMCRA and the Federal regulations at 30 CFR 732.15 and 732.17. We are 
approving the amendment as described below.
    Iowa currently has required program amendments codified at 30 CFR 
915.16(a) and (c). The required amendment codified at 30 CFR 915.16(a) 
calls for Iowa to submit for our approval evidence that the U.S. 
Natural Resources Conservation Service (NRCS) concurs with its 
provisions to allow the use of reference areas for determining success 
of productivity on prime farmland as proposed at Section III.,

[[Page 22793]]

Part F and Section IV., Part A.2 of its revegetation success 
guidelines. At 30 CFR 915.16(c), Iowa is required to either remove 
Section IV., Part G from its revegetation success guidelines or submit 
for our approval evidence that the NRCS concurs with the provisions in 
Part G. Part G, pertaining to control areas, contains the requirements 
and methods for making climate-based adjustments to the prime farmland 
average yields shown in the County Soil Map Unit Yield Data tables.
    In response to the above required program amendments, Iowa proposed 
to amend its April 1999 revegetation success guidelines titled, 
``Revegetation Success Standards and Statistically Valid Sampling 
Techniques.'' More specifically, Iowa proposed to delete, from the 
guidelines, all text related to prime farmland reference areas in 
Section III., Part F (Reference Areas) and Section IV., Part A.2 (Prime 
Farmland--Reference Area Corn and Soybean Productivity Standards). 
Also, Iowa proposed to delete Section IV., Part G (Control Area 
Adjustments of Prime Farmland and Revegetation Success Standards). 
Following is an explanation of the portions of the revegetation success 
guidelines that Iowa proposed to amend.

A. Section III. General Requirements and Exclusions of Revegetation

Part F. Reference Areas
    Currently, the introductory paragraph applies to all land uses. 
Iowa proposed to revise the introductory paragraph to specify that data 
from reference areas can be used for direct comparison ``for all 
applicable land uses except for prime farmland'' only when the Division 
has approved the use of reference areas in the permit. Iowa also 
proposed to delete paragraph F.1., including example numbers one 
through three.

B. Section IV. Revegetation Success Standards

1. Part A. Prime Farmland
    a. Iowa proposed to delete the fourth paragraph in the introductory 
language under Part A that reads as follows:

    The use of reference areas to develop these prime farmland 
productivity standards is not recommended due to the difficulty of 
obtaining a reference area with similar prime farmland soil map 
units over which the Permittee can retain absolute control of the 
management practices. Reference area management practices must be 
identical to the management practices of the reclaimed prime 
farmland area. (See the criteria listed in III. General 
Requirements, F. Reference Areas above for definition of identical 
management practices.) The use of reference areas for development of 
row crop production standards shall be allowed only when they are 
approved as a part of the Permit for the site containing the 
reclaimed prime farmland. The development of reference area corn and 
soybean productivity standards is detailed in III. General 
Requirements, F. Reference Areas above.

    b. In what is currently paragraph A.1., Iowa proposed to (1) revise 
the introductory language to paragraphs A.1.a and b, (2) delete 
paragraph A.1.a, and (3) remove the paragraph designation from 
paragraph b. The newly revised language will read as follows:

    These calculated County Soil Map Unit Yield Data corn and 
soybean productivity revegetation success standards will remain 
constant for the entire period of responsibility. These standards 
can only be adjusted if the permittee receives written concurrence 
from the USDA-NRCS to adjust the calculated County Soil Map Unit 
Yield Data corn and/or soybean productivity revegetation success 
standards to reflect a one year disease, pest, or weather induced 
variation in that county during the specific growing season in 
question. The Division must also concur that this variation actually 
impacted the Permit site.

    c. Iowa proposed to delete paragraph A.2. pertaining to Reference 
Area Corn and Soybean Productivity Standards and to remove the number 
one (1) designation from what is currently paragraph A.1.
2. Part G. Control Area Adjustments of Prime Farmland Revegetation 
Success Standards
    Iowa proposed to delete Part G in its entirety.
    We are approving Iowa's proposed amendments as discussed above 
because the State is deleting from its revegetation success guidelines 
provisions that cannot be approved without concurrence from the NRCS. 
We are also removing the required amendments at 30 CFR 915.16(a) and 
(c).

IV. Summary and Disposition of Comments

Public Comments

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

Federal Agency Comments

    Under 30 CFR 732.17(h)(11)(i) and section 503(b) of SMCRA, we 
requested comments on the amendment from various Federal agencies with 
an actual or potential interest in the Iowa program (Administrative 
Record No. IA-449.1). The NRCS responded on January 18, 2005 
(Administrative Record No. IA-449.3), that it recommended that where 
the term ``County Soil Map Unit Yield Data'' is used it should be 
revised to more accurately reflect the source and location of the data. 
The NRCS suggested that the term should read, ``provided in the USDA-
Natural Resources Conservation Service (NRCS) Field Office Technical 
Guide, Section II, County Soil Map Unit Yield Data Tables.'' We 
forwarded the NRCS's comments to Iowa. We will address the issue of 
yield data sources for revegetation success standards, as appropriate, 
in our future oversight of the Iowa program.

Environmental Protection Agency (EPA) Concurrence and Comments

    Under 30 CFR 732.17(h)(11)(ii), we are required to get a written 
concurrence from EPA for those provisions of the program amendment that 
relate to air or water quality standards issued under the authority of 
the Clean Water Act (33 U.S.C. 1251 et seq.) or the Clean Air Act (42 
U.S.C. 7401 et seq.). None of the revisions that Iowa proposed to make 
in this amendment pertain to air or water quality standards. Therefore, 
we did not ask EPA to concur on the amendment.
    Under 30 CFR 732.17(h)(11)(i), we requested comments on the 
amendment from EPA (Administrative Record No. IA-449.1). EPA did not 
respond to our request.

State Historic Preservation Officer (SHPO) and the Advisory Council on 
Historic Preservation (ACHP)

    Under 30 CFR 732.17(h)(4), we are required to request comments from 
the SHPO and ACHP on amendments that may have an effect on historic 
properties. On January 5, 2005, we requested comments on Iowa's 
amendment (Administrative Record No. IA-449.1), but neither responded 
to our request.

V. OSM's Decision

    Based on the above findings, we approve the amendment Iowa sent us 
on December 27, 2004.
    To implement this decision, we are amending the Federal regulations 
at 30 CFR part 915, which codify decisions concerning the Iowa program. 
We find that good cause exists under 5 U.S.C. 553(d)(3) to make this 
final rule effective immediately. Section 503(a) of SMCRA requires that 
the State's program demonstrate that the State has the capability of 
carrying out the provisions of the Act and meeting its purposes. Making 
this rule effective immediately will expedite that process. SMCRA 
requires consistency of State and Federal standards.

[[Page 22794]]

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

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 and has determined that this rule 
meets the applicable standards of subsections (a) and (b) of that 
section. However, these standards are not applicable to the actual 
language of State regulatory programs and program amendments because 
each program is drafted and promulgated by a specific State, not by 
OSM. Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and 
the Federal regulations at 30 CFR 730.11, 732.15, and 732.17(h)(10), 
decisions on proposed State regulatory programs and program amendments 
submitted by the States must be based solely on a determination of 
whether the submittal is consistent with SMCRA and its implementing 
Federal regulations and whether the other requirements of 30 CFR parts 
730, 731, and 732 have been met.

Executive Order 13132--Federalism

    This rule does not have Federalism implications. SMCRA delineates 
the roles of the Federal and State governments with regard to the 
regulation of surface coal mining and reclamation operations. One of 
the purposes of SMCRA is to ``establish a nationwide program to protect 
society and the environment from the adverse effects of surface coal 
mining operations.'' Section 503(a)(1) of SMCRA requires that State 
laws regulating surface coal mining and reclamation operations be ``in 
accordance with'' the requirements of SMCRA, and section 503(a)(7) 
requires that State programs contain rules and regulations ``consistent 
with'' regulations issued by the Secretary pursuant to SMCRA.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have evaluated the 
potential effects of this rule on Federally-recognized Indian tribes 
and have determined that the rule does not have substantial direct 
effects on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes. 
This determination is based on the fact that the Iowa program does not 
regulate coal exploration and surface coal mining and reclamation 
operations on Indian lands. Therefore, the Iowa program has no effect 
on Federally-recognized Indian tribes.

Executive Order 13211--Regulations That Significantly Affect the 
Supply, Distribution, or Use of Energy

    On May 18, 2001, the President issued Executive Order 13211 which 
requires agencies to prepare a Statement of Energy Effects for a rule 
that is (1) considered significant under Executive Order 12866, and (2) 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Because this rule is exempt from review 
under Executive Order 12866 and is not expected to have a significant 
adverse effect on the supply, distribution, or use of energy, a 
Statement of Energy Effects is not required.

National Environmental Policy Act

    This rule does not require an environmental impact statement 
because section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that 
agency decisions on proposed State regulatory program provisions do not 
constitute major Federal actions within the meaning of section 
102(2)(C) of the National Environmental Policy Act (42 U.S.C. 
4332(2)(C)).

Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 
3507 et seq.).

Regulatory Flexibility Act

    The Department of the Interior certifies that this rule will not 
have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
The State submittal, which is the subject of this rule, is based upon 
counterpart Federal regulations for which an economic analysis was 
prepared and certification made that such regulations would not have a 
significant economic effect upon a substantial number of small 
entities. In making the determination as to whether this rule would 
have a significant economic impact, the Department relied upon the data 
and assumptions for the counterpart Federal regulations.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not 
have an annual effect on the economy of $100 million; (b) Will not 
cause a major increase in costs or prices for consumers, individual 
industries, Federal, State, or local government agencies, or geographic 
regions; and (c) Does not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises. This determination is based upon the fact that the State 
submittal, which is the subject of this rule, is based upon counterpart 
Federal regulations for which an analysis was prepared and a 
determination made that the Federal regulation was not considered a 
major rule.

Unfunded Mandates

    This rule will not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of $100 million or more in any 
given year. This determination is based upon the fact that the State 
submittal, which is the subject of this rule, is based upon counterpart 
Federal regulations for which an analysis was prepared and a 
determination made that the Federal regulations did not impose an 
unfunded mandate.

List of Subjects in 30 CFR Part 915

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 29, 2005.
Charles E. Sandberg,
Regional Director, Mid-Continent Regional Coordinating Center.

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

PART 915--IOWA

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

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


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


Sec.  915.15  Approval of Iowa regulatory program amendments.

* * * * *

[[Page 22795]]



------------------------------------------------------------------------
  Original amendment submission     Date of final
               date                  publication    Citation/description
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                              * * * * * * *
12/27/2004.......................        5/3/2005  Section III.F and
                                                    Section IV.A and G
                                                    of Iowa's April 1999
                                                    Revegetation Success
                                                    Standards and
                                                    Statistically Valid
                                                    Sampling Techniques.
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Sec.  915.16  [Amended]

0
3. Section 915.16 is amended by removing and reserving paragraph (a) 
and by removing paragraphs (c) through (e).

[FR Doc. 05-8732 Filed 5-2-05; 8:45 am]
BILLING CODE 4310-05-P