Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.1 - Authority and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
The following sets forth the rules and procedures through
				  which the department of agriculture and land stewardship, division of soil
				  conservation and water quality, will implement the regulatory program pursuant
				  to Iowa Code chapter 207 and the federal Surface Mining Control and Reclamation
				  Act of 1977 (SMCRA).
(1) Parts and
				sections of the federal regulations of the U.S. Office of Surface Mining
				Reclamation and Enforcement, U.S. Department of Interior, promulgated pursuant
				to the Surface Mining Control and Reclamation Act of 1977 ( Public Law 95-87),
				are incorporated by reference as rules of the division as specified in this
				chapter, with exceptions as indicated. Rules incorporated by reference, as
				specified in each specific rule, are those from the Code of Federal Regulations
				(30 CFR), as in effect on July 1, 2010.
(2) The following general word substitutions
				are made in all incorporated federal regulations except as otherwise indicated:
"Act"
refers to Iowa Code chapter
				  207.
"Administrator"
is to be substituted
				  for
"director", "regional director",
and
"secretary".
"Division of soil conservation and water quality
				  "
is to be substituted for
"department", "the office ", "OSM",
				  "OSMRE", "office of surface mining reclamation and enforcement", " regulatory
				  authority", "State regulatory program",
and
"regulatory
				  program".
"These rules "
is to be substituted
				  for
"chapter "
and
"subchapter ".
(3) Delete from
				30 CFR
				779.25(b),
				780.14(c),
				and 783.25(b)
				the words "or in any State which authorizes land surveyors to prepare and
				certify such cross sections, maps and plans, a qualified, registered,
				professional land surveyor,". Also, replace "," with "or" between "professional
				engineer" and "professional geologist".
Delete from
				  30
				  CFR 780.25(a)(l)(i),
				  780.25(a)(3)(i),
				  784.16(a)(l)(i),
				  and
				  784.16(a)(3)(i)
				  the words "or in any State which authorizes land surveyors to prepare and
				  certify such plans, a qualified, registered, professional land surveyor,".
				  Also, replace "," with "or" between "professional engineer" and "professional
				  geologist".
Delete from
				  30 CFR
				  816.46(b)(3) the words "or
				  in any State which authorizes land surveyors to prepare and certify plans in
				  accordance with §780.25(a) of this chapter a qualified, registered,
				  professional land surveyor,".
Delete from
				  30 CFR
				  817.46(b)(3) the words "or
				  in any State which authorizes land surveyors to prepare and certify plans in
				  accordance with §784.16(a) of this chapter a qualified, registered,
				  professional land surveyor,".
Delete from
				  30 CFR
				  816.151(a) and
				  817.151(a)
				  the words "or in any State which authorizes land surveyors to certify the
				  construction or reconstruction of primary roads, a qualified, registered,
				  professional land surveyor,".
(4)
				Delete "or qualified, registered, professional land surveyor" from
				30 CFR
				816.49(a)(3) and
				816.49(a)(ll)(ii).
(5) Delete "registered, professional
				engineer" from 30 CFR Parts 779, 780, 783, 784, 816 and 817, and replace it
				with "professional engineer, registered with the State of Iowa".