Part 914, Indiana
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Subchapter T Part 914, Indiana |
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SUBCHAPTER T -- PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN
EACH STATE
PART 914 -- INDIANA
Sec.
914.1 Scope
914.10 State regulatory program approval
914.15 Approval of Indiana regulatory program amendments
914.16 Required program amendments
914.17 State regulatory program provisions and amendments disapproved
914.20 Approval of Indiana abandoned mine land reclamation plan
914.25 Approval of Indiana abandoned mine land reclamation plan amendments
914.30 State-Federal cooperative agreement
AUTHORITY: 30 U.S.C. 1201 et seq.
[For the list of Final Rules affecting these sections, as published in the Federal Register, see
"Regulation History - Changes to the Regulations Parts 900-955, 3/13/79 - 6/30/00".]
30 CFR Sec. 914.1 Scope.
This part contains all rules applicable only within Indiana that have been adopted under the Surface Mining
Control and Reclamation Act of 1977.
[47 FR 32107, July 26, 1982]
30 CFR Sec. 914.10 State regulatory program approval.
The Secretary conditionally approved the Indiana regulatory program, as submitted on March 3, 1980, amended
and clarified on June 4, 1980, resubmitted on September 28, 1981, and clarified on December 8, 1981, April 8,
1982, May 18-19, 1982 and May 26, 1982, effective July 29, 1982. He fully approved the Indiana program, as
amended on April 19 and 28, 1983, effective August 19, 1983. Copies of the approved program are available at:
(a) Indiana Department of Natural Resources, Room W-295, 402 West Washington Street, Indianapolis, IN
46204.
(b) Office of Surface Mining Reclamation and Enforcement, Indianapolis Field Office, Minton-Capehart Federal
Building, Room 301, 575 North Pennsylvania Street, Indianapolis, IN 46204-1521.
[48 FR 37631, Aug. 19, 1983, as amended at 54 FR 41828, Oct. 12, 1989; 59 FR 17929, Apr. 15, 1994; 64 FR
20164, 20166, Apr. 26, 1999]
[EFFECTIVE DATE NOTE: 64 FR 20164, 20166, Apr. 26, 1999, revised this section, effective Apr. 26, 1999.]
30 CFR Sec. 914.15 Approval of Indiana regulatory program amendments.
The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision
approving all, or portions of these amendments, were published in the Federal Register and the State citations or a
brief description of each amendment. The amendments in this table are listed in order of the date of final publication
in the Federal Register.
______________________________________________________________________________
Original amendment Date of final Citation/description
submission date publication
Sept. 1, 1982 Dec. 17, 1982 Revision to permit application forms to require applicant to
certify that all reclamation fees had been paid.
Dec. 9, 1982 March 4, 1983 310 IAC 12-2-7, -9; 12-3-1, - 12( c)(2), -21(b)(4), -25, -37(a),
-47(b), -48, -59(b)(4), -74(a), -81, -97, -102( c);
12-4-5, -10(e)(1), -16; 12-5-3, -18, -24(f), -51, -84, -90(f),
-115, -123(b), -149, -152; 12- 6-6(d), (f), -6.5, -16(b) (3)(ii);
12- 7-4(f).
April 19 and 28, Aug. 19, 1983 IC 13-4.1-2-3, 13-4.1-4-5( c), 13-4.1-7-5, 13-4.1-11-11(i),
1983. 13-4.1-14-2(a);
310 IAC 12-1-3; 12-3-12, -39, -63, -76, -112, -118; 12-4-3,
-4, -7, -17; 12-5-19, -36, -41, -71.5, -85, -101, -105, -139.5;
12-6-1, -4, -5, -6.5, -9, -15, -16.
March 5, 1984 July 10, 1984 IC 13-4.1-2-4, 13-4.1-3-3, 13-4.1-4-3, 13-4.1-5-7.
March 19, 1984 Oct. 19, 1984 310 IAC 12-2-8; 12-3-43, -118; 12-5-6, -34, -35, -36, -38, -40;
12-5-73, -100, -100.5, -101, -103.
Feb. 7, 1985 May 13, 1985 IC 13-4-6-1.5, -1.6; 13-4.1-1-7; 13-4.1-3-1, -3.5; 13-4.1-5-8;
13-4.1-6-9; 13-4.1-8-1; 13-4.1-10-1; 13-4.1-12-1, -2.
Dec. 7, 1984 May 15, 1985 310 IAC 12-2-11; 12-3-46, -80, -96, -97, -98; 12-5-3, -6,
-11, -12, -12.1, -13, -14, -15, -18, -19, -20, -21, -23,
-24, -44, -54, -54.1, -55, -55.1, -56, -56.1, -57, -57.1,
-69, -73, -77, -78, -78.1, -79, -80, -81, -84, -85, -86, -87,
-89, -90, -108, -118, -119, -119.1, -120, -121, -121.1,
-137, -147, -150, -150.1, -151, -152, -153, -154; 12-6-2, -9.1.
May 29, 1984 May 16, 1985 310 IAC 0.5; Policy statement dated October 16, 1984.
Feb. 18, 1985 June 5, 1985 310 IAC 12-3-26, -64, -106, -107, -108.
Dec. 10 and 16, March 14, 1986 310 IAC 0.5-1-1 through -5, -8 through -13, -15 through -19;
1985 12-5-148; advisory letter from Indiana State Office of the
Attorney General dated April 23, 1985.
Sept. 4, 1985 March 17, 1986 310 IAC 12-1-3; 12-5-33, -99; 12-8-1through 12-8-9;
blaster training program.
Jan. 31, 1986 May 13, 1986 310 IAC 12-3-121; 12-5-34, -36, -100, -101;
12-6-11, -12, -12.5.
May 29, 1986 Aug. 14, 1986 310 IAC 12-3-8.
Sept. 24, 1986 Jan. 21, 1987 310 IAC 12-5-56.1, -121.1.
June 11, 1986, April 1, 1987 IC 4-21.5; 4-22-1; 13-4-6-9; 13-4.1-1-3, -5; 13-4.1-3-3, -4, -6;
Nov. 7, 1986 13-4.1-4-1, -3, -7; 13-4.1-7-1, -5, -6; 13-4.1-8-1;
13-4.1-11-5, -6, -8, -12; 13-4.1-14-1; 310 IAC 12-8-4, -8.
June 11, 1986, Feb. 16, 1988 IC 13-4.1-1-8, 13-4.1-3.2, 13-4.1-6-8, 13-4.1-12-6.
May 4, 1987
April 10, 1987 March 22, 1988 310 IAC 12-5-12.1(a)(3)(i), -78.1(a)(3)(I).
Aug. 13, 1987 Nov. 10, 1988 IC 13-4.1-6-4; 13-4.1-11-3, -4.
Aug. 13, 1987, Oct. 11, 1989 310 IAC 12-1-3; 12-2-7; 12-3-104, -104.1; 12-5-155, -156.
June 12, 1989
Sept. 28, 1988 Nov. 1, 1989 310 IAC 12-5-18, -19, -84, -85.
March 18, 1988 Dec. 15, 1989 IC 13-4.1-11-10, 35-44-1-3.
Nov. 8, 1989 April 5, 1990 IC 13-4.1-10-3.
March 18, 1988 April 23, 1990 IC 13-4.1-6-5, 13-4.1.6.3-1 through -13.
Dec. 5, 1989, Aug. 10, 1990 310 IAC 12-3-111; 12-5-148; 12-6-8, -9, -16; 12-8-9.
May 16, 1990
Dec. 4, 1989, Sept. 24, 1990 IC 13-4.1-2-2, 13-4.1-11-5.
Aug. 9, 1990
Aug. 15, 1989, Jan. 18, 1991 310 IAC 0.6-1, 12-6-6.5.
Dec. 5, 1989
Oct. 24, 1990 March 15, 1991 Intervention in hearings by those who may be adversely
affected by the outcome of the proceedings.
Dec. 11, 1990 March 21, 1991 310 IAC 12-0.5, 12-0.5-25( c), 12-1-3.
Sept. 29, 1988, Aug. 2, 1991 310 IAC 12-5-29, -94; IC 4-26-3-27.8; 13-4.1-2, -4, -5;
February 15, 1991 .14-3; Non-code provision at Sec. 46 of Senate Enrolled
Act 362 concerning the Bureau of Mine Reclamation.
June 4, 1991 Nov. 27, 1991, IC 13-4.1-3-2; 13-4.1-6-9; 13-4.1- 6.3-11(2), -13; 13-4.1-10-1;
Dec. 13, 1991 13-4.1-11-6.
July 11, 1991 Dec. 13, 1991 310 IAC 0.7-3-5.
March 18, 1988 April 20, 1992 IC 13-4.1-6-8, 13-4.1-6.5.
May 22 and 23, 1991 May 29, 1992 310 IAC 12-5-64, -64.1 through .3, -65, -128,
-128.1 through .3, -129.
June 4, 1991 June 23, 1992 IC 13-4.1.
May 23, 1991 Sept. 14, 1992 310 IAC 12-5-145 through -148, -148.5.
May 7, 1992 Dec. 17, 1992 310 IAC 12-3-8, -9; 12-8-4, -8; 12-9-1 through -4.
March 18, 1988, Dec. 30, 1992 IC 13-4.1-1-3; 13-4.1-2-4; 13-4.1-3- 3, -3.1; 13-4.1-4-2,
Feb. 15, 1991, -3.1, -5; 13-4.1-14-1; SEA 121, Sec. 8;
July 10, 1991 310 IAC 12-0-5-48; 12-0.5-59; 12-2-1, -2; 12-3-13, -29,
-38, -52, -67, -75, -84, -112, -121.
July 16, 1992 Jan. 14, 1993 IC 13-4.1-1-1, 13-4.1-3-2( c), -3( c), -3.5(a)(1), (5).
Dec. 2, 1992 May 17, 1993 310 IAC 12-3-87.1; 12-5-130.1, -131.1.
Nov. 13, 1992 June 24, 1993 310 IAC 12-0.5; 12-3-19, .1, -20, -111, -112, -119.5, .6;
12-6-5.
Jan. 4, 1993 Aug. 2, 1993 310 IAC 12-5-64.1 through .3, -128.1, .3; -145; -148.5.
March 26, 1992 Aug. 16, 1993 310 IAC 12-0.5-6, -32.5, -90.5, -91.5; 12-2-6, -7;
12-3-6, -30.5, -33, -46.5, -47, -57, -68.5, -71, -78, -80.5,
-81, -94, .1, -98, -106, -110, -116, -127, -128, -131;
12-4-3, -16; 12-5-16, -24, -27, -30, -32, -39, -42, -43, .1,
-48, -51, .1, -57.5, -82, -92, -95, -97, -99, -100, -104,
-106, -107, .1, -115, -119.1, -121.5, -131, -144.
Aug. 8, 1992 Sept. 3, 1993 310 IAC 12-0.5-5.5, -32.6, .7, .8, -72.5, -78.5;
12-1-5 through -12.
April 19, 1993 Sept. 21, 1993 IC 13-4.1-1-5, 13-4.1-6.5-8(d).
Feb. 24, 1993 Nov. 18, 1993 310 IAC 0.6-1-5, -13; 0.7-3-5; 12-6-6.5.
July 2, 1993 June 16, 1994 310 IAC 12-0.5-6, -23, -53, -55, -64, -72, -104, -111, -116,
-139.
April 2, 1993 July 15, 1994 310 IAC 0.6-1-2, .5, -9, -17.
Oct. 1, 1993 July 27, 1994 310 IAC 13-4.1-4-3(a)(10).
June 15, 1994 Oct. 20, 1994 310 IAC 0.6-1-5, -13; 0.7-3-5.
Aug. 11, 1994 Dec. 13, 1994 310 IAC 12-4-16( c)(3).
Sept. 26, 1994 Feb. 2, 1995 Amendment #94-4 to the Indiana program to correct
typographical, clerical, spelling errors.
March 21, 1994 April 4, 1995 IC 13-4.1-6-9; 13-4.1-9-2.5; 13-4.1-2-4; 13-4.1-4-3, -5;
13-4.1-6-7; 13-4.1-11-6, -8, -12; 13-4.1-12-1; 13-4.1-13-1;
13-4.1-15-9.
Jan. 31, 1995 April 7, 1995 310 IAC 12-5-54.1.
March 18, 1994, April 20, 1995 310 IAC 12-3-87, .1( c)(2), (7); 12-5-130, .1( c)(2), (g), (h),
Aug. 25, 1994 -131; Amendment #94-2 to the Indiana program.
May 11, 1995 Oct.16, 1995 310 IAC 12-0.5-2, -15, -57, -95, -99.
Dec. 30, 1993 Nov. 9, 1995 310 IAC 12-0.5-109.5, -110.5, -122.5; 12-1-5;
12-3-31, -48, -69, -78, -82, -97, -106; 12-4-5, -7; 12-5-3, -4;
12-6-20 through -24; 12-7-4, -5, -6; Amendment #93-7, Part I.
Sept. 11, 1995 April 8 and 10, 1996 IC 13-4.1; 14-2-285.5; 14-8, -2-144.5;
14-34, -2-4, -4-8.5, -10.5, -10-2(b)(23), -13-1, -2, -19-2.
March 18, 1984 May 28, 1996 310 IAC 12-3-87.1( c)(2); 12-5-130.1( c)(2), -132.
Sept. 26, 1994 Oct. 29, 1996 310 IAC 12-0.5-78.7, -91.5, -109; 12-3-30, -32, -33, -34,
-41, -47, -49, -55, -55.1, -68, -70, -71, -81, -83, -90.5, -91;
12-5-17, -20, -21(a)(3), -24(a)(9)(B), -27, -31, -39, -41,
-42,-44, -48, -50, -69, -70, -83, -86,-87(a)(3), -90(a)(9)(B),
-92, -96, -104, -105, -106, 108, -112, -114, -127, -137,
-137.5(2), -144; 12-6-19.
Jan. 13, 1997 Aug. 25, 1997 310 IAC 12-3-130 (4), (5), -131, 132, -132.5, -133, -134,
-134.1, 134.5, -135.
Jan. 14, 1997 Aug. 25, 1997 310 IAC 12-0.5-39.5, 72.1, 75.5, 77.5, 107.5; 12-3-81,
87.1; 12-5-94, 130.1.
March 7, 1997 Sept. 8, 1997 310 IAC 12-1-7(a), (15)(A), (17); 12-1-7.1 (a) through ( c);
12-1-11(b),( c)(1) through (3), (d)(1) through (3).
Sept. 11, 1995 Nov. 4, 1997 IC 14-8-2-42.5, -49.5, -49.6, -274.5; 14-34-5-10;
14-34-6-14.3, -14.6; 14-34-7-0.5, -0.6, -0.7, -2.5,
-4(b), (d) through (g), -4.1, -5, -7, -7.1, -8, -9, -10, -11,
-12, -13.
March 6, 1998 July 24, 1998 310 IAC 12-3-46(a), (b)(2) through (b)(5);
12-3-80(a), (b)(2) through (b)(5); 12-3-110 (f), (g);
12-5-32(a), (b); 12-5-97(a), (b).
March 6, 1998 Sept. 29, 1998 310 IAC 12-0.5-6(a) through ( c); 12-3-78(a) and (b);
12-5-98(a), ( c) and (d); and 12-5-145.5.
May 15, 1998 March 16, 1999 IC14-8-2-117.3, 14-34-4-18, 14-34-5-7(b) through (d),
-8, -8.1, -8.2(1) through (3), -8.2(5)(A) through (5)( C),
-8.3, -8.4(a) through ( c)(1),
-8.4( c)(2)(A) through (J) and (L), -8.5,-8.6.
March 8, 1999 June 14, 1999 310 IAC 12-3-31(a)(3), ( c); 12-3-48(a) (3);
12-3-69(a)(3), ( c)(3), (d); 12-3-106(a)(8).
May 7, 1999 Aug. 12, 1999 310 IAC 12-3-109(a) through (d); 12-3-114(b), (e), and (f);
12-3-115(b); 12-4-12(b)(4), (b)(6)(A)(ii), and ( c);
12-4-16(a), ( c), and (d); 12-6-2(a), (b), ( c), and (e).
July 1, 1999 Oct. 26, 1999 310 IAC 12-8-4.1; -8.1.
Aug. 2, 1999 Nov. 22, 1999 310 IAC 12-5-64.1( c) and 128.1( c).
Aug. 31, 1999 Jan. 7, 2000 310 12-5-159; IC 14-34-2-6(b) and ( c).
Feb. 25, 2000 May 26, 2000 IC 14-34-6-15(b) and ( c).
Feb. 4, 2000 June 5, 2000 310 IAC 0.6-1-1 through 17 [repealed];
310 IAC 0.7-3-5 [repealed]; 312 IAC 3-1-1 through 18.
______________________________________________________________________________
[48 FR 37631, Aug. 19, 1983; 51 FR 8824, 9008, 17480, 29101 (1986); 52 FR 2224, 10373, 10374 (1987); 53 FR
4394, 9317, 45460 (1988); 54 FR 41828, 41830, 46053, 51390 (1989); 55 FR 12637, 15228, 32618, 38989, 46054
(1990); 56 FR 1921, 11099, 11934, 37015, 37019, 60062, 64995, 65000 (1991); 57 FR 14355, 20051, 22659,
27932, 41873, 59918, 62220 (1992); 58 FR 4324, 28778, 34222 (1993); 58 FR 41042, Aug. 2, 1993; 58 FR 43259,
Aug. 16, 1993; 58 FR 46860, Sept. 3, 1993; 58 FR 48966, Sept. 21, 1993; 58 FR 60786, Nov. 18, 1993; 59 FR
30879, June 16, 1994; 59 FR 36062, July 15, 1994; 59 FR 38123, July 27, 1994; 59 FR 52908, Oct. 20, 1994; 59 FR
64130, Dec. 13, 1994; 60 FR 6401, Feb. 2, 1995; 60 FR 13040, Mar. 10, 1995; 60 FR 16988, Apr. 4, 1995; 60 FR
17638, Apr. 7, 1995; 60 FR 19669, 19673, Apr. 20, 1995; 60 FR 47692, 47695, Sept. 14, 1995; 60 FR 53511,
53513, Oct. 16, 1995, as corrected at 60 FR 55649, Nov. 1, 1995; 60 FR 54593, 54595, Oct. 25, 1995; 60 FR
56516, 56520, Nov. 9, 1995; 61 FR 15378, 15380, April 8, 1996; 61 FR 15891, 15895, April 10, 1996; 61 FR
26443, 26445, May 28, 1996; 61 FR 55743, 55748, Oct. 29, 1996; 62 FR 9932, 9938, March 5, 1997; 62 FR 44894,
44896, 44897, 44898, Aug. 25, 1997; 62 FR 47138, 47140, Sept. 8, 1997; 62 FR 59569, 59578, Nov. 4, 1997; 63
FR 39727, 39729, July 24, 1998; 63 FR 51827, 51829, Sept. 29, 1998; 64 FR 12890, 12896, Mar. 16, 1999; 64 FR
31691, 31693, June 14, 1999; 64 FR 43911, 43913, Aug. 12, 1999; 64 FR 57565, 57567, Oct. 26, 1999; 64 FR
63681, 63684, Nov. 22, 1999; 65 FR 1059, 1063, Jan. 7, 2000; 65 FR 34092, 34094, May 26, 2000; 65 FR 35568,
35575, June 5, 2000]
[EFFECTIVE DATE NOTE: 64 FR 12890, 12896, Mar. 16, 1999, added an entry to the table, effective Mar. 16,
1999; 64 FR 31691, 31693, June 14, 1999, added an entry to the table, effective June 14, 1999; 64 FR 43911,
43913, Aug. 12, 1999, added an entry to the table, effective Aug. 12, 1999; 64 FR 57565, 57567, Oct. 26, 1999,
added and removed an entry to the table, effective Oct. 26, 1999; 64 FR 63681, 63684, Nov. 22, 1999, amended the
table, effective Nov. 22, 1999; 65 FR 1059, 1063, Jan. 7, 2000, added an entry to the table, effective Jan. 7, 2000; 65
FR 34092, 34094, May 26, 2000, added an entry to the table, effective May 26, 2000; 65 FR 35568, 35575, June 5,
2000, added an entry to the table, effective June 5, 2000.]
30 CFR Sec. 914.16 Required program amendments.
Pursuant to 30 CFR 732.17, Indiana is required to submit for OSM's approval the following proposed program
amendments by the dates specified.
(a)-(e) [Reserved]
(f) By January 3, 1992, Indiana shall amend 310 IAC 12-5-29, or otherwise amend the Indiana regulatory program
to clearly require the replacement of water supplies which are affected by contamination, diminution, or interruption
proximately resulting from surface mining activities which do not involve a legitimate water use by a person
conducting these surface mining activities.
(g)-(r) [Reserved]
(s) By January 7, 1994, Indiana shall amend 310 IAC 12-5-27(a)(4) or otherwise amend the Indiana program to be
no less effective than 30 CFR 816.41( c)(2) which references and requires compliance with 39 CFR 773.17(e).
(t)-(dd) [Reserved]
(ee) By July 1, 1994, Indiana shall amend 310 IAC 12-05.-139(b) to provide that the interpretation of the terms of
the document used to establish a valid existing right shall be based either upon applicable State statutory or case law
concerning interpretation of documents conveying mineral rights, or where no applicable State statutory or common
law exists, the interpretation is based upon the provisions at subdivisions 139(b) (1) and (2).
(ff)-(gg) [Reserved]
(hh) By June 10, 1996, Indiana shall submit either a proposed amendment or a description of an amendment to be
proposed, together with a timetable for adoption of proposed revisions to the Indiana program to provide
implementing regulations for IC 14-34-4-8.5, concerning violations resulting from an unanticipated event or
condition occurring on a remining site; IC 14-34-4-10.5, concerning identification of potential problems in a permit
application for lands eligible for remining; and IC 14-34-10-2(b)(24), concerning a 2-year revegetation responsibility
period for lands eligible for remining. Specifically, Indiana shall amend 310 IAC 12-3-112 by adding a counterpart
to 30 CFR 773.15(b)(4) and 30 CFR 773.15( c)(13), as added on November 27, 1995 (60 FR 58480); shall amend
310 IAC 12-3 by adding a counterpart to 30 CFR 785.25, as added on November 27, 1995 (60 FR 58480); and shall
amend 310 IAC 12-4-7 by adding counterpart to 30 CFR 816/817.116( c)(2)(ii), as added on November 27, 1995
(60 FR 58480).
(ii) By April 28, 1997, Indiana shall submit either a proposed amendment or a description of an amendment to be
proposed, together with a timetable for adoption, to address the following:
(1) Amend the Indiana program at 310 IAC 12-3-49/83(e)(3) to add the requirement concerning stability analysis
of each structure as is required by 30 CFR 780.25(f) and 784.16(f).
(2) [Reserved]
(3) The Director is requiring that Indiana further amend 310 IAC 12-5-24/90(a)(9)(E) to clarify that the term
"subsection" should be "clause."
[50 FR 13567, Apr. 5, 1985 and 50 FR 20416, May 16, 1985, as amended at 51 FR 8824, Mar. 14, 1986; 51 FR
9008, Mar. 17, 1986; 51 FR 17481, May 13, 1986; 53 FR 9317, Mar. 22, 1988; 54 FR 41828, Oct. 12, 1989; 54 FR
51391, Dec. 15, 1989; 56 FR 1921, Jan. 18, 1991; 56 FR 11100, Mar. 15, 1991; 56 FR 11934, Mar. 21, 1991; 56 FR
37015, 37019, Aug. 2, 1991; 56 FR 65000, Dec. 13, 1991; 57 FR 14355, Apr. 20, 1992; 57 FR 22659, May 29,
1992; 57 FR 41873, Sept. 14, 1992; 57 FR 48726, Oct. 28, 1992; 58 FR 41042, Aug. 2, 1993; 58 FR 43260, Aug.
16, 1993; 58 FR 46861, Sept. 3, 1993; 58 FR 48967, Sept. 21, 1993; 58 FR 60786, Nov. 18, 1993; 59 FR 30879,
June 16, 1994; 59 FR 52909, Oct. 20, 1994; 59 FR 64130, Dec. 13, 1994; 60 FR 56516, 56521, Nov. 9, 1995; 61
FR 15891, 15895, Apr.10, 1996; 61 FR 55743, 55748, Oct. 29, 1996; 62 FR 47138, 47141, Sept. 8, 1997; 64 FR
31691, 31693, June 14, 1999; 65 FR 1059, 1063, Jan. 7, 2000; 65 FR 35568, 35576, June 5, 2000]
[EFFECTIVE DATE NOTE: 65 FR 1059, 1063, Jan. 7, 2000, removed and reserved paragraph (b) and revised
paragraph (ii), effective Jan. 7, 2000; 65 FR 35568, 35576, June 5, 2000, removed and reserved paragraph (ff),
effective June 5, 2000.]
30 CFR Sec. 914.17 State regulatory program provisions and amendments disapproved.
(a) The amendment at Indiana Code 14-34-5-7(a) submitted on May 14, 1998, concerning permit revisions is
hereby disapproved effective March 16, 1999.
(b) The amendment at Indiana Code 14-34-5-8.2(4) submitted by Indiana on May 14, 1998, concerning
postmining land use changes is hereby disapproved effective March 16, 1999.
( c) The amendment at Indiana Code 14-34-5-8.4( c)(2)(K) submitted by Indiana on May 14, 1998, concerning
minor field revisions of temporary cessation of mining is hereby disapproved effective March 16, 1999.
[64 FR 12890, 12896, Mar. 16, 1999]
[EFFECTIVE DATE NOTE: 64 FR 12890, 12896, Mar. 16, 1999, added this section, effective Mar. 16, 1999.]
30 CFR Sec. 914.20 Approval of Indiana abandoned mine land reclamation plan.
The Secretary approved the Indiana abandoned mine land reclamation plan, as submitted on December 7, 1981,
on July 26, 1982, effective July 29, 1982. Copies of the approved plan are available at:
(a) Indiana Department of Natural Resources, Division of Reclamation, R.R. 2, Box 129, Jasonville, IN 47438-
9517.
(b) Office of Surface Mining Reclamation and Enforcement, Indianapolis Field Office, Minton-Capehart Federal
Building, Room 301, 575 North Pennsylvania Street, Indianapolis, IN 46204-1521.
[47 FR 32110, July 26, 1982; 59 FR 17929, Apr. 15, 1994; 64 FR 20164, 20166, Apr. 26, 1999]
[EFFECTIVE DATE NOTE: 64 FR 20164, 20166, Apr. 26, 1999, revised this section, effective Apr. 26, 1999.]
30 CFR Sec. 914.25 Approval of Indiana abandoned mine land reclamation plan amendments.
(a) The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision
approving all, or portions of these amendments, were published in the Federal Register and the State citations or a
brief description of each amendment. The amendments in this table are listed in order of the date of final publication
in the Federal Register.
______________________________________________________________________________
Original amendment Date of final Citation/description
submission date publication
Jan. 22, 1988 Nov. 29, 1988 Project selection reclamation coordination, land acquisition,
rights of entry, lien consideration, public participation,
procurement, accounting systems, endangered and
threatened species listing, revised administrative and
management structure of the plan.
Dec. 6, 1991 May 11 and Revisions to the Indiana State Reclamation Plan
Oct. 6, 1992 corresponding to 30 CFR 884.13( c)(1), (2), (3), (5),
(7),(d)(1), (e)(1), (2), (f)(1).
Nov. 17, 1992 Oct. 26, 1994 Emergency response reclamation program.
July 23, 1997 March 16, 1998 Indiana plan Secs. 884.13( c)(2) through (7),
(d)(1) through (3), (f)(2), (3); emergency response
reclamation program.
______________________________________________________________________________
(b) [Reserved]
[57 FR 45985, Oct. 6, 1992; 59 FR 53735, Oct. 26, 1994; 62 FR 9932, 9940, March 5, 1997; 63 FR 12648, 12651,
March 16, 1998]
[EFFECTIVE DATE NOTE: 62 FR 9932, 9940, March 5, 1997, revised this section, effective April 4, 1997; 63 FR
12648, 12651, March 16, 1998, amended the table in paragraph (a), effective March 16, 1998.]
30 CFR Sec. 914.30 State-Federal Cooperative Agreement.
State-Federal Cooperative Agreement
The Governor of the State of Indiana (Governor) and the Secretary of the Department of the Interior (Secretary)
enter into a Cooperative Agreement (Agreement) to read as follows:
Article I: Introduction, Purposes and Responsible Agencies
A. Authority
This Agreement is authorized by section 523( c) of the Surface Mining Control and Reclamation Act (SMCRA),
30 U.S.C. 1273( c), which allows a State with a permanent regulatory program approved by the Secretary under
section 503 of SMCRA, 30 U.S.C. 1253, to elect to enter into an Agreement for the State regulation of surface coal
mining and reclamation operations (including surface operations and surface impacts incident to underground mining
operations) on Federal lands. This Agreement provides for State regulation of coal exploration operations not subject
to 43 CFR Part 3400 and surface coal mining and reclamation operations in Indiana on Federal lands (30 CFR
Chapter VII Subchapter D), consistent with SMCRA and State and Federal laws governing such activities and the
Indiana State Program (Program).
B. Purposes
The purposes of this Agreement are to (a) foster Federal-State cooperation in the regulation of surface coal mining
and reclamation operations and coal exploration operations not subject to 43 CFR Part 3400; (b) minimize
intergovernmental overlap and duplication; and ( c) provide uniform and effective application of the Program on all
lands in Indiana in accordance with SMCRA, the Program, and this Agreement.
C. Responsible Administrative Agencies
The Natural Resource Commission (NRC) and the Division of Reclamation (DOR) of the Indiana Department of
Natural Resources will be responsible for administering this Agreement on behalf of the Governor under the
approved Indiana Regulatory Program. The Office of Surface and Mining Reclamation and Enforcement (OSM) will
administer this Agreement on behalf of the Secretary.
Article II: Effective Date
After being signed by the Secretary and the Governor, this Agreement will take effect 30 days after publication in
the Federal Register as a final rule. This Agreement will remain in effect until terminated as provided in Article XI.
Article III: Definitions
The terms and phrases used in this Agreement which are defined in SMCRA, 30 CFR Parts 700, 701 and 740, the
Program, including the OSM approved State Act (I.C. 14-34), and the rules and regulations promulgated pursuant to
those Acts, will be given the meanings set forth in said definitions. Where there is a conflict between the above
referenced State and Federal definitions, the definitions used in the Program will apply.
Article IV: Applicability
In accordance with the Federal lands program, the laws, regulations, terms and conditions of the Program are
applicable to Federal lands in Indiana except as otherwise stated in this Agreement, SMCRA, 30 CFR 740.4,
740.11(a) and 745.13, and other applicable laws, Executive Orders, or regulations.
Article V: General Requirements
The Governor and the Secretary affirm that they will comply with all the provisions of this Agreement.
A. Authority of State Agency: DOR and NRC have and will continue to have the authority under State law to carry
out this Agreement.
B. Funds: 1. Upon application by DOR and subject to appropriations, OSM will provide the State with the funds
to defray the costs associated with carrying out its responsibilities under this Agreement as provided in section 705(
c) of SMCRA, the grant agreement, and 30 CFR 735.16. Such funds will cover the full cost incurred by DOR and
NRC in carrying out these responsibilities, provided that such cost does not exceed the estimated cost the Federal
government would have expended on such responsibilities in the absence of this Agreement.
2. OSM's Indianapolis Field Office and OSM's Mid-Continent Region Coordinating Center office will work with
DOR to estimate the amount the Federal government would have expended for regulation of Federal lands in Indiana
in the absence of this Agreement.
3. OSM and the State will discuss the OSM Federal lands cost estimate. After resolution of any issues, DOR will
include the Federal lands cost estimate in the State's annual regulatory grant application submitted to OSM's
Indianapolis Field Office.
The State may use the existing year's budget totals, adjusted for inflation and workload considerations in estimated
regulatory costs for the following grant year. OSM will notify DOR as soon as possible if such projections are not
acceptable.
4. If DOR applies for a grant but sufficient funds have not been appropriated to OSM, OSM and DOR will
promptly meet to decide on appropriate measures that will insure that surface coal mining and reclamation operations
on Federal lands in Indiana are regulated in accordance with the Program. If agreement cannot be reached, either
party may terminate the Agreement in accordance with Article XI of this Agreement.
5. Funds provided to the DOR under this Agreement will be adjusted in accordance with Office of Management
and Budget Common Rule for Uniform Administration Requirements for Grants and Cooperative Agreements to
State and Local Governments.
C. Reports and Records: DOR will make annual reports to OSM containing information with respect to
compliance with the terms of this Agreement pursuant to 30 CFR 745.12(d). Upon request, DOR and OSM will
exchange information developed under this Agreement, except where prohibited by Federal or State law.
OSM will provide DOR with a copy of any final evaluation report prepared concerning State administration and
enforcement of this Agreement. DOR comments on the report will be appended before transmission to the Congress,
unless necessary to respond to a request by a date certain, or to other interested parties.
D. Personnel: Subject to adequate appropriations and grant awards, the DOR will maintain the necessary
personnel to fully implement this Agreement in accordance with the provisions of SMCRA, the Federal lands
program, and the Program.
E. Equipment and Laboratories: Subject to adequate appropriations and grant awards, the DOR will assure itself
access to equipment, laboratories, and facilities with which all inspections, investigations, studies, tests, and analyses
can be performed which are necessary to carry out the requirements of the Agreement.
F. Permit Application Fees and Civil Penalties: The amount of the fee accompanying an application for a permit
for surface coal mining and reclamation operations on Federal lands in Indiana will be determined in accordance
with the approved Indiana Program. All permit fees, civil penalties and fines collected from operations on Federal
lands will be retained by the State and will be deposited within the Natural Resources Reclamation Division Fund.
Permit fees will be considered program income. Civil penalties and fines will not be considered program income.
The financial status report submitted pursuant to 30 CFR 735.26 will include a report of the amount of fees,
penalties, and fines collected on such permits during the State's prior fiscal year.
Article VI: Review of Permit Application Package
A. Submission of Permit Application Package:
1. DOR and the Secretary require an applicant proposing to conduct surface coal mining and reclamation
operations on Federal lands covered by this Agreement to submit a permit application package (PAP) in an
appropriate number of copies to DOR. DOR will furnish OSM and other Federal agencies with an appropriate
number of copies of the PAP. The PAP will be in the form required by DOR and will include any supplemental
information required by OSM, the Federal land management agency, and other agencies with jurisdiction or
responsibility over Federal lands affected by the operations proposed in the PAP.
At a minimum, the PAP will satisfy the requirements of 30 CFR 740.13(b) and include the information necessary
for DOR to make a determination of compliance with the Program and for OSM and the appropriate Federal
agencies to make determinations of compliance with applicable requirements of SMCRA, the Federal lands program,
and other Federal laws, Executive Orders, and regulations for which they are responsible.
2. For any outstanding or pending permit applications on Federal lands being processed by OSM prior to the
effective date of this Agreement, OSM will maintain sole permit decision responsibility. After the final decision, all
additional responsibilities shall pass to DOR pursuant to the terms of this Agreement along with any attendant fees,
fines, or civil penalties therefrom.
B. Review Procedures Where There is No Leased Federal Coal Involved:
1. DOR will assume the responsibilities for review of PAPs where there is no leased Federal coal to the extent
authorized in 30 CFR 740.4( c)(1), (2), (4), (6) and (7). In addition to consultation with the Federal land
management agency pursuant to 30 CFR 740.4( c)(2), DOR will be responsible for obtaining, except for non-
significant revisions, the comments and determinations of other Federal agencies with jurisdiction or responsibility
over Federal lands affected by the operations proposed in the PAP. DOR will request such Federal agencies to
furnish their findings or any requests for additional information to DOR within 45 calendar days of the date of
receipt of the PAP. OSM will assist DOR in obtaining this information, upon request. Responsibilities and decisions
which can be delegated to DOR under other applicable Federal laws may be specified in working agreements
between OSM and the State, with the concurrence of any Federal agency involved, and without amendment to this
Agreement.
2. DOR will assume responsibility for the analysis, review and approval, disapproval, or conditional approval of
the permit application component of the PAP required by 30 CFR 740.13 for surface coal mining and reclamation
operations in Indiana on Federal lands not requiring a mining plan pursuant to the Mineral Leasing Act (MLA). DOR
will review the PAP for compliance with the Program and the OSM approved State Act and regulations. DOR will
be the primary point of contact for applicants regarding decisions on the PAP and will be responsible for informing
the applicant of determinations.
3. The Secretary will make his determinations under SMCRA that cannot be delegated to the State. Some of which
have been delegated to OSM.
4. OSM and DOR will coordinate with each other during the review process as needed. OSM will provide
technical assistance to DOR when requested, if available resources allow. DOR will keep OSM informed of findings
made during the review process which bear on the responsibilities of OSM or other Federal agencies. OSM may
provide assistance to DOR in resolving conflicts with Federal land management agencies. OSM will be responsible
for ensuring that any information OSM receives from an applicant is promptly sent to DOR. OSM will have access to
DOR files concerning operations on Federal lands. OSM will send to DOR copies of all resulting correspondence
between OSM and the applicant that may have a bearing on decisions regarding the PAP. The Secretary reserves the
right to act independently of DOR to carry out his responsibilities under laws other than SMCRA.
5. DOR will make a decision on approval, disapproval or conditional approval of the permit on Federal lands.
(a) Any permit issued by DOR will incorporate any lawful terms or conditions imposed by the Federal land
management agency, including conditions relating to post-mining land use, and will be conducted in compliance with
the requirements of the Federal land management agency.
(b) The permit will include lawful terms and conditions required by other applicable Federal laws and regulations.
( c) After making its decision on the PAP, DOR will send a notice to the applicant, OSM, the Federal land
management agency, and any agency with jurisdiction or responsibility over Federal lands affected by the operations
proposed in the PAP. A copy of the permit and written findings will be submitted to OSM upon request.
C. Review Procedures Where Leased Federal Coal Is involved:
1. DOR will assume the responsibilities listed in 30 CFR 740.4( c)(1), (2), (3), (4), (6) and (7), to the extent
authorized.
In accordance with 30 CFR 740.4( c)(1), DOR will assume responsibility for the analysis, review and approval,
disapproval, or conditional approval of the permit application component of the PAP for surface coal mining and
reclamation operations in Indiana where a mining plan is required, including applications for revisions, renewals and
transfer sale and assignment of such permits. OSM will, at the request of the State, assist to the extent possible in this
analysis and review.
DOR will be the primary point of contact for applicants regarding the review of the PAP for compliance with the
Program and State law and regulations.
DOR will be responsible for informing the applicant of all joint State-Federal determinations.
DOR will to the extent authorized, consult with the Federal land management agency and the Bureau of Land
Management (BLM) pursuant to 30 CFR 740.4( c)(2) and (3), respectively. On matters concerned exclusively with
regulations under 43 CFR part 3480, Subparts 3480 through 3487, BLM will be the primary contact with the
applicant. BLM will inform DOR of its actions and provide DOR with a copy of documentation on all decisions.
DOR will send the OSM copies of any correspondence with the applicant and any information received from the
applicant regarding the PAP. OSM will send to DOR copies of all correspondence with the applicant which may
have a bearing on the PAP. As a matter of practice, OSM will not independently initiate contacts with applicants
regarding completeness or deficiencies of the PAP with respect to matters covered by the Program.
DOR will also be responsible for obtaining the comments and determinations of other Federal agencies with
jurisdiction or responsibility over Federal lands affected by the operations proposed in the PAP. DOR will request all
Federal agencies to furnish their findings or any requests for additional information to DOR within 45 days of the
date of receipt of the PAP. OSM will assist DOR in obtaining this information, upon request of DOR.
DOR will be responsible for approval and release of performance bonds under 30 CFR .4( c)(4) in accordance
with Article IX of this Agreement, and for review and approval under 30 CFR 740.4( c)(6) of exploration operations
not subject to 43 CFR Part 3480, Subparts 3480-3487.
DOR will prepare documentation to comply with the requirements of NEPA under 30 CFR 740.4( c)(7); however,
OSM will retain the responsibility for the exceptions in 30 CFR 740.4( c)(7)(i)-(vii).
2. The Secretary will concurrently carry out his responsibilities under 30 CFR 740.4(a) that cannot be delegated to
DOR under the Federal lands program, MLA, the National Environmental Policy Act (NEPA), this Agreement, and
other applicable Federal laws. The Secretary will carry out these responsibilities in a timely manner and will avoid to
the extent possible, duplication of the responsibilities of the State as set forth in this Agreement and the Program.
The Secretary will consider the information in the PAP and, where appropriate, make decisions required by SMCRA,
MLA, NEPA, and other Federal laws.
Responsibilities and decisions which can be delegated to the State under other applicable Federal laws may be
specified in working agreements between OSM and DOR, with concurrence of any Federal agency involved, and
without amendment to this Agreement.
Where necessary to make the determination to recommend that the Secretary approve the mining plan, OSM will
consult with and obtain the concurrences of the BLM, the Federal land management agency and other Federal
agencies as required.
The Secretary reserves the right to act independently of DOR to carry out his responsibilities under laws other
than SMCRA or provisions of SMCRA not covered by the Program, and in instances of disagreement over SMCRA
and the Federal lands program.
3. OSM will assist DOR in carrying out DOR's responsibilities by:
(a) Coordinating resolution of conflicts and difficulties between DOR and other Federal agencies in a timely
manner.
(b) Assisting in scheduling joint meetings, upon request, between State and Federal agencies.
( c) Where OSM is assisting DOR in reviewing the PAP, furnishing to DOR the work product within 50 calendar
days of receipt of the State's request for such assistance, unless a different time is agreed upon by OSM and DOR.
(d) Exercising its responsibilities in a timely manner, governed to the extent possible by the deadlines established
in the Program.
4. Review of the PAP:
(a) OSM and DOR will coordinate with each other during the review process as needed. DOR will keep OSM
informed of findings and technical analyses made during the review process which bear on the responsibilities of
OSM or other Federal agencies. OSM will ensure that any information it receives which has a bearing on decisions
regarding the PAP is promptly sent to DOR.
(b) DOR will review the PAP for compliance with the Program and State law and regulations.
( c) OSM will review the operation and reclamation plan portion of the permit application, and any other
appropriate portions of the PAP for compliance with the non-delegable responsibilities of SMCRA and for
compliance with the requirements of other Federal laws and regulations.
(d) OSM and DOR will develop a work plan and schedule for PAP review and each will identify a person as the
project leader. The project leaders will serve as the primary points of contact between OSM and DOR throughout the
review process. Not later than 50 days after receipt of the PAP, unless a different time is agreed upon, OSM will
furnish DOR with its review comments on the PAP and specify any requirements for additional data. To the extent
practicable, DOR will provide OSM all available information that may aid OSM in preparing any findings.
(e) DOR will prepare a State decision package, including written findings and supporting documentation,
indicating whether the PAP is in compliance with the Program. The review and finalization of the State decision
package will be conducted in accordance with procedures for processing PAPs agreed upon by DOR and OSM.
(f) DOR may make a decision on approval or disapproval of the permit on Federal lands in accordance with the
Program prior to the necessary Secretarial decision on the mining plan, provided that DOR advises the operator in
the permit that Secretarial approval of the mining plan must be obtained before the operator may conduct coal
development or mining operations on the Federal lease. DOR will reserve the right to amend or rescind any
requirements of the permit to conform with any terms or conditions imposed by the Secretary in his approval of the
mining plan.
(g) The permit will include, as applicable, terms and conditions required by the lease issued pursuant to the MLA
and by any other applicable Federal laws and regulations, including conditions imposed by the Federal land
management agency relating to post-mining land use, and those of other affected agencies, and will be conditioned
on compliance with the requirements of the Federal land management agency with jurisdiction.
(h) After making its decision on the PAP, DOR will send a notice to the applicant, OSM, the Federal land
management agency, and any agency with jurisdiction or responsibility over Federal land affected by operations
proposed in the PAP. A copy of the written findings and the permit will also be submitted to OSM.
5. OSM will provide technical assistance to DOR when requested, if available resources allow. OSM will have
access to DOR files concerning operations on Federal lands.
D. Review Procedures for Permit Revisions; Renewals; and Transfer Assignment or Sate of Permit Rights:
1. Any permit revision or renewal for an operation on Federal lands will be reviewed and approved or disapproved
by DOR after consultation with OSM on whether such revision or renewal constitutes a mining plan modification
pursuant to 30 CFR 746.18. OSM will inform DOR within 30 days of receiving a copy of a proposed revision or
renewal, whether the permit revision, or renewal constitutes a mining plan modification. Where approval of a mining
plan modification is required, OSM and DOR will follow the procedures outlined in paragraphs C.1. through C.5. of
this Article.
2. OSM may establish criteria consistent with 30 CFR 746.18 to determine which permit revisions and renewals
clearly do not constitute mining plan modifications.
3. Permit revisions or renewals on Federal lands which are determined by OSM not to constitute mining plan
modifications under paragraph D.1. of this Article or that meet the criteria for not being mining plan modifications as
established under paragraph D.2. of this Article will be reviewed and approved following the procedures set forth
under Indiana law and the State Program and paragraphs B.1. through B.5. of this Article.
4. Transfer, assignment or sale of permit rights on Federal lands shall be processed in accordance with Indiana law
and the State Program and 30 CFR 740.13(e).
Article VII: Inspections
A. DOR will conduct inspections on Federal lands in accordance with 30 CFR 740.4( c)(5) and prepare and file
inspection reports in accordance with the Program.
B. DOR will, subsequent to conducting any inspection pursuant to 30 CFR 740.4( c)(5), and on a timely basis, file
with OSM a legible copy of the completed State inspection report.
C. DOR will be the point of contact and primary inspection authority in dealing with the operator concerning
operations and compliance with the requirements covered by the Agreement, except as described hereinafter.
Nothing in this Agreement will prevent inspections by authorized Federal or State agencies for purposes other than
those covered by this Agreement. The Department of the Interior may conduct any inspections necessary to comply
with 30 CFR parts 842 and 843 and its obligations under laws other than SMCRA.
D. OSM will give DOR reasonable notice of its intent to conduct an inspection under 30 CFR 842.11 in order to
provide State inspectors with an opportunity to join in the inspection.
When OSM is responding to a citizen complaint of an imminent danger to the public health and safety, or of
significant, imminent environmental harm to land, air or water resources, pursuant to 30 CFR 842.11(b)(1)(ii)( C), it
will contact DOR no less than 24 hours prior to the Federal inspection, if practicable, to facilitate a joint
Federal/State inspection. All citizen complaints which do not involve an imminent danger or significant, imminent
environmental harm will be referred to DOR for action. The Secretary reserves the right to conduct inspections
without prior notice to DOR to carry out his responsibilities under SMCRA.
Article VIII: Enforcement
A. DOR will have primary enforcement authority under SMCRA concerning compliance with the requirements of
the Agreement and the Program in accordance with 30 CFR 740.4( c)(5). Enforcement authority given to the
Secretary under other Federal laws and Executive orders including, but not limited to, those listed in Appendix A
(attached) is reserved to the Secretary.
B. During any joint inspection by OSM and DOR, DOR will have primary responsibility for enforcement
procedures, including issuance of orders of cessation, notices of violation, and assessment of penalties. DOR will
inform OSM prior to issuance of any decision to suspend or revoke a permit on Federal lands.
C. During any inspection made solely by OSM or any joint inspection where DOR and OSM fail to agree
regarding the propriety of any particular enforcement action, OSM may take any enforcement action necessary to
comply with 30 CFR parts 843, 845, and 846. Such enforcement action will be based on the standards in the
Program, SMCRA, or both, and will be taken using the procedures and penalty system contained in 30 CFR parts
843, 845, and 846.
D. DOR and OSM will promptly notify each other of all violations of applicable laws, regulations, orders, or
approved mining permits subject to this Agreement, and of all actions taken with respect to such violations
E. Personnel of DOR and the Department of the Interior, including OSM, will be mutually available to serve as
witness in enforcement actions taken by either party.
F. This Agreement does not affect or limit the Secretary's authority to enforce violations of Federal laws other than
SMCRA.
Article IX: Bonds
A. DOR and the Secretary will require each operator who conducts operations on Federal lands to submit a
performance bond payable to the State of Indiana and the United States to cover the operator's responsibilities under
SMCRA and the Program. Such performance bond will be conditioned upon compliance with all requirements of the
SMCRA, the Program, State rules and regulations, and any other requirements imposed by the Secretary or the
Federal land management agency. Such bond will provide that if this Agreement is terminated, the portion of the
bond covering the Federal lands will be payable only to the United States. DOR will advise OSM of annual
adjustments to the performance bond pursuant to the Program.
B. Performance bonds will be subject to release and forfeiture in accordance with the procedures and requirements
of the Program. Where surface coal mining and reclamation operations are subject to an approved mining plan, a
performance bond shall be released by the State after the release is concurred in by OSM.
C. Submission of a performance bond does not satisfy the requirements for a Federal lease bond required by 43
CFR Subpart 3474 or lessee protection bond required in addition to a performance bond, in certain circumstances, by
section 715 of SMCRA.
Article X: Designating Land Areas Unsuitable for all or Certain Types of Surface Coal Mining and
Reclamation Operations and Activities and Valid Existing Rights (VER) and Compatibility Determinations
A. Unsuitability Petitions
1. Authority to designate Federal lands as unsuitable for mining pursuant to a petition, including the authority to
make substantial legal and financial commitment determinations pursuant to section 522(a)(6) of SMCRA, is
reserved to the Secretary.
2. When either DOR or OSM receives a petition to designate land areas unsuitable for all or certain types of
surface coal mining operations that could impact adjacent Federal or non-Federal lands pursuant to section 522( c) of
SMCRA, the agency receiving the petition will notify the other of its receipt and the anticipated schedule for
reaching a decision, and request and fully consider data, information and recommendations of the other. OSM will
coordinate with the Federal land management agency with jurisdiction over the petition area, and will solicit
comments from the agency.
B. Valid Existing Rights and Compatibility Determinations
The following actions will be taken when requests for determinations of VER pursuant to section 522(e) of
SMCRA or for determinations of compatibility pursuant to section 522(e)(2) of SMCRA, and received prior to or at
the time of submission of a PAP that involves surface coal mining and reclamation operations and activities:
1. For Federal lands within the boundaries of any areas specified under section 522(e)(1) of SMCRA, OSM will
determine whether VER exists for such areas.
For private in holdings within section 522(e)(1) areas, DOR, with the consultation and concurrence of OSM, will
determine whether surface coal mining operations on such lands will or will not affect the Federal interest (Federal
lands as defined in section 701(4) of SMCRA). OSM will process VER determination requests on private in holdings
within the boundaries of section 522(e)(1) areas where surface coal mining operations affects the Federal interest.
2. For Federal lands within the boundaries of any national forest where proposed operations are prohibited or
limited by section 522(e)(2) of SMCRA and 30 CFR 761.11(b), OSM will make the VER determinations. OSM will
process requests for determinations of compatibility under section 522(e)(2) of SMCRA.
3. For Federal lands, DOR will determine whether any proposed operation will adversely affect any publicly
owned park and, in consultation with the State Historic Preservation Officer, places listed in the National Register of
Historic Sites, with respect to the prohibitions or limitations of section 522(e)(3) of SMCRA. DOR will make the
VER determination for such lands using the State Program. DOR will coordinate with any affected agency or agency
with jurisdiction over the proposed surface coal mining and reclamation operations.
In the case that VER is determined not to exist under section 522(e)(3) of SMCRA or 30 CFR 761.11( c), no
surface coal mining operations will be permitted unless jointly approved by DOR and the Federal, State or local
agency with jurisdiction over the publicly owned park or historic place.
4. DOR will process and make determinations of VER on Federal lands, using the State Program, for all areas
limited or prohibited by section 522(e)(4) and (5) of SMCRA as unsuitable for mining. For operations on Federal
lands, DOR will coordinate with any affected agency or agency with jurisdiction over the proposed surface coal
mining and reclamation operation.
Article XI: Termination of Cooperative Agreement
This Agreement may be terminated by the Governor or the Secretary under the provisions of 30 CFR 745.15.
Article XII: Reinstatement of Cooperative Agreement
If this Agreement has been terminated in whole or in part it may be reinstated under the provisions of 30 CFR
745.16.
Article XIII: Amendment of Cooperative Agreement
This Agreement may be amended by mutual agreement of the Governor and the Secretary in accordance with 30
CFR 745.14.
Article XIV: Changes in State or Federal Standards
A. The Secretary or the Governor may from time to time promulgate new or revised performance or reclamation
requirements or enforcement and administration procedures. Each party will, if it determines it to be necessary to
keep this Agreement in force, change or revise its regulations or request necessary legislative action. Such changes
will be made under the procedures of 30 CFR part 732 for changes to the Program and under the procedures of
section 501 of SMCRA for changes to the Federal lands program.
B. DOR and the Secretary will provide each other with copies of any changes to their respective laws, rules,
regulations or standards pertaining to the enforcement and administration of this Agreement.
Article XV: Changes in Personnel and Organization
Each party to this Agreement will notify the other, when necessary, of any changes in personnel, organization and
funding, or other changes that may affect the implementation of this Agreement to ensure coordination of
responsibilities and facilitate cooperation.
Article XVI: Reservation of Rights
This Agreement will not be construed as waiving or preventing the assertion of any rights that have not been
expressly addressed in this Agreement that the State or the Secretary may have under laws other than SMCRA or
their regulations including but not limited to those listed in Appendix A.
Dated: October 26, 1999.
Frank O'Bannon,
Governor of Indiana.
Bruce Babbitt,
Secretary of the Interior.
Appendix A
1. The Federal Land Policy and Management Act, 43 U.S.C. 1701 et seq., and implementing regulations.
2. The Mineral Leasing Act of 1920, 30 U.S.C. 181 et seq., and implementing regulations, including 43 CFR part
3480.
3. The National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq., and implementing regulations,
including 40 CFR part 1500.
4. The Endangered Species Act, as amended, 16 U.S.C. 1531 et seq., and implementing regulations, including 50
CFR part 402.
5. The Fish and Wildlife Coordination Act, as amended, 16 U.S.C. 661 et seq.; 48 Stat. 401.
6. The National Historic Preservation Act of 1966, 16 U.S.C. 470 et seq., and implementing regulations, including
36 CFR part 800.
7. The Clean Air Act, 42 U.S.C. 7401 et seq., and implementing regulations.
8. The Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq., and implementing regulations.
9. The Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901 et seq., and implementing regulations.
10. The Reservoir Salvage Act of 1960, amended by the Preservation of Historical and Archaeological Data Act
of 1974, 16 U.S.C. et seq.
11. Executive Order 11593 (May 13, 1971), Cultural Resource Inventories on Federal Lands.
12. Executive Order 11988 (May 24, 1977), for flood plain protection.
13. Executive Order 11990 (May 24, 1977), for wetlands protection.
14. The Mineral Leasing Act for Acquired Lands, 30 U.S. 351 et seq., and implementing regulations.
15. The Stock Raising Homestead Act of 1916, 43 U.S.C. 291 et seq.
16. The Constitution of the United States.
17. Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1201 et seq.
18. 30 CFR Chapter VII.
19. The Constitution of the State of Indiana.
20. Indiana Surface Coal Mining and Reclamation Act (P.L. 1-1995, SEC. 27) at Ind. Code 14-34 et seq.
21. Indiana Department of Natural Resources, Coal Mining and Reclamation Operations, Rules and Regulations,
310 Ind. Admin. Code 12.
[64 FR 70578, 70580, Dec. 17, 1999]
[EFFECTIVE DATE NOTE: 64 FR 70578, 70580, Dec. 17, 1999, added this section, effective Jan. 18, 2000.]
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