[Federal Register Volume 59, Number 115 (Thursday, June 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14653]


[[Page Unknown]]

[Federal Register: June 16, 1994]


                                                   VOL. 59, NO. 115

                                            Thursday, June 16, 1994

ADVISORY COUNCIL ON HISTORIC PRESERVATION

 

Programmatic Agreement for Consideration of Historic Properties 
in Surface Coal Mining and Reclamation Operations

AGENCY: Advisory Council on Historic Preservation.

ACTION: Notice of availability and request for comments.

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SUMMARY: The Advisory Council on Historic Preservation (Council) and 
the Office of Surface Mining Reclamation and Enforcement (OSM), are 
inviting written comments from the public on a proposed Programmatic 
Agreement (PA) among OSM, the Council, and the National Conference of 
State Historic Preservation Officers (NCSHPO), that would set forth OSM 
procedures for taking into account the effects of surface coal mining 
and reclamation operations on historic properties.
    The Council and OSM have jointly developed the proposed PA with 
NCSHPO, pursuant to Sec. 800.13 of the Council's regulations (36 CFR 
part 800). The PA sets forth proposed procedures for meeting the 
requirements of section 106 of the National Historic Preservation Act 
of 1966 (Pub. L. 89-665) (NHPA or the Act) and other provisions of the 
Act as amended in 1992 (Pub. L. 102-575).
    The Council is an independent Federal agency that advises the 
President and Congress on matters of historic preservation. OSM is the 
Federal agency within the Department of the Interior created by the 
Surface Mining Control and Reclamation Act of 1977 (SMCRA) to implement 
SMCRA's requirements concerning the regulation of surface coal mining 
and reclamation operations and the reclamation of abandoned mine lands. 
OSM's SMCRA responsibilities include conducting oversight of State 
administration of approved State regulatory programs in the 24 primacy 
States and providing regulatory grants to primacy States to administer 
and enforce their regulatory programs.
    OSM initiated consultation with the Council in April 1993 to 
explore options for implementing its responsibilities under the 1992 
Amendments to the NHPA, particularly in relation to State permitting 
actions and related activities. Over the past year, the Council, OSM, 
and NCSHPO have been working together to develop the proposed PA as a 
potential compliance mechanism for implementing OSM's responsibilities 
under the 1992 NHPA Amendments and the 1991 judicial decision in 
Indiana Coal Council, Inc. v. Lujan (744 F. Supp. 1385 [D.DC. 1991]). A 
PA is one of the options set forth in the Council's regulations at 
Sec. 36 CFR section 800.13 for a Federal agency to tailor section 106 
review procedures to meet its historic preservation obligations in lieu 
of the standard process set forth at 36 CFR Sec. 800.4-6. The 1992 
amendments to the Act clarified that State regulatory programs 
administered pursuant to a delegation or approval by a Federal agency, 
such as OSM's approval of State programs and delegation of surface coal 
mining regulation to State Regulatory Authorities (SRAs), are Federal 
undertakings subject to section 106 of the Act. Therefore, OSM is now 
responsible for ensuring that the effects on historic properties of 
each State permitting action are appropriately considered. Each SRA 
must assist OSM in fulfilling its NHPA responsibilities as a standard 
condition of each regulatory grant.
    The proposed PA sets forth procedures for implementing OSM's NHPA 
section 106 responsibilities as an alternative to the standard section 
106 review process. The PA covers State permitting activities in the 24 
primacy States and on Federal lands in cooperative agreement States, 
where the States exercise regulatory jurisdiction over such lands. The 
PA also covers OSM permitting actions in Federal program States, and on 
Federal lands in non-cooperative agreement States, where OSM is the 
regulatory authority. The terms of the PA do not apply to OSM's 
regulatory activities on Indian lands or where National Historic 
Landmark properties may be affected. In these situations, the standard 
process at 36 CFR Sec. 800.4-6, applies. In contrast to the standard 
section 106 review process, the PA is intended to expedite and 
streamline the process by granting more decisionmaking and 
implementation authority to the States. The proposed PA provides for 
Council and OSM involvement in a proposed surface coal mining 
permitting action only if disputes arise that are unresolvable at the 
State level or if a member of the public requests such involvement. The 
PA also encourages SRAs and State Historic Preservation Officers to 
develop and formalize their own State-specific procedures based on 
those contained in the PA. Finally, the PA establishes a monitoring and 
reporting system whereby OSM can ensure compliance with section 106 
requirements.
    Publication of this proposed PA and request for comments on its 
scope, efficacy, and adequacy is part of the public participation 
process as set forth at 36 CFR Sec. 800.13(c) of the Council's 
regulations with the purpose of gathering information, comments, and 
suggestions on the proposed PA.

FOR COPIES OF THE PROPOSED PA CONTACT: Thomas M. McCulloch, Office of 
Education and Preservation Assistance, Advisory Council on Historic 
Preservation, 1100 Pennsylvania Ave. NW., suite 803, Washington, DC 
20004 (202-606-8520).

COMMENTS DUE: Written comments on the proposed PA should be submitted 
to the Council, at the address given above, by 5 p.m. Eastern time on 
the 15th of August, 1994.

FOR FURTHER INFORMATION CONTACT: Thomas M. McCulloch, Office of 
Education and Preservation Assistance, Advisory Council on Historic 
Preservation, 1100 Pennsylvania Ave. NW., suite 803, Washington, DC 
20004 (202-606-8520) OR Suzanne Hudak, Office of Surface Mining 
Reclamation and Enforcement, 1951 Constitution Ave. NW., Washington, DC 
20240 (202-208-2700).

    Dated: June 7, 1994.
Robert D. Bush,
Executive Director.
[FR Doc. 94-14653 Filed 6-15-94; 8:45 am]
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