[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Proposed Rules]
[Pages 15005-15010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8189]



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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Parts 745, 900, 901, 906, 913, 926, 931, 934, 935, 936, 944, 
946, 948, and 950

RIN 1029-AB84


State-Federal Cooperative Agreements

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Proposed rule.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
proposes to amend its regulations by revising the procedures for 
approval of State-Federal cooperative agreements, so as to remove from 
the Code of Federal Regulations (CFR) the entire text of these 
agreements. This removal of the full text of the State-Federal 
cooperative agreements would reduce the number of unnecessary pages in 
the CFR. The CFR would continue, however, to provide notice of the 
existence of a cooperative agreement and the date it became effective. 
Although the full text of previously approved cooperative agreements 
would be removed, the cooperative agreements remain in effect and will 
continue to delineate State and Federal responsibilities with regard to 
surface coal mining and reclamation operations on Federal lands.

DATES: Written comments: OSM will accept written comments on the 
proposed rule until 5:00 p.m. eastern time on June 3, 1996.
    Public hearings: Anyone wishing to testify at a public hearing must 
submit a request on or before 5:00 p.m. eastern time on April 25, 1996. 
Because OSM will hold a public hearing only if one is requested, 
hearing arrangements, dates and times, if any, will be announced in a 
subsequent Federal Register notice. Any disabled individual who has 
need for special accommodation to attend a public hearing should 
contact the individual listed under FOR FURTHER INFORMATION CONTACT.

ADDRESSES: Written comments: Mail or hand-deliver to the Office of 
Surface Mining Reclamation and Enforcement, Administrative Record Room 
117, 1951 Constitution Avenue, NW., Washington, DC 20240. Comments also 
may be sent by e-mail via the Internet to: [email protected].
    Requests for public hearings: Contact the person listed under FOR 
FURTHER INFORMATION CONTACT by the time specified under DATES. Because 
OSM will hold a public hearing only if one is requested, hearing 
locations, if any, will be announced in a subsequent Federal Register 
notice.

FOR FURTHER INFORMATION CONTACT:
Andy DeVito, Rules and Legislation, Office of Surface Mining 
Reclamation and Enforcement, Room 117, South Interior Building, 1951 
Constitution Avenue, NW., Washington, DC 20240; Telephone (202) 208-
2701. E-Mail/Internet: [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Public Comment Procedures
II. Discussion of the Proposed Rule
    Why is the rule being written?
    What is a State-Federal cooperative agreement?
    What would change?
    How would this rule affect coal mining on Federal lands?
    How do I get a copy of a State-Federal cooperative agreement?
III. Procedural Matters

I. Public Comment Procedures

Written Comments

    Written comments should be specific and confined to issues 
pertinent to the proposed rule. They also should include explanations 
in support of the commenter's recommendations. OSM appreciates any and 
all comments, but those most useful and likely to influence decisions 
on the content of a final rule will be those that either involve 
personal experience or include citations to and analyses of the Act, 
its legislative history, its implementing regulations, case law, and 
other pertinent State or Federal laws or regulations.
    Where practicable, commenters should submit two copies of their 
comments. Comments received after the time indicated under DATES or at 
locations other than the OSM office listed under ADDRESSES will not 
necessarily be considered in the final decision or included in the 
administrative record.

Public Hearing

    Persons wishing to testify at a public hearing must contact the 
person listed under FOR FURTHER INFORMATION CONTACT by the time 
indicated under DATES. If no one requests an opportunity to comment at 
a public hearing, no hearing will be held.
    If a public hearing is held, it will continue until all persons 
scheduled to speak have been heard. Persons in the audience who were 
not scheduled to speak but who wish to do so will be heard following 
the scheduled speakers. The hearing will end after all scheduled 
speakers and any other persons present who wish to speak have been 
heard.
    Filing of a written statement at the time of the hearing will 
assist the transcriber and facilitate preparation of an accurate 
record. Submission of written statements to OSM in advance of the 
hearing will allow OSM officials to prepare appropriate questions.

Public Meeting

    If only one person requests an opportunity to comment at a hearing, 
public meeting, rather than a public hearing, may be held. Persons 
wishing to meet with OSM representatives to discuss the proposed rule 
may request a meeting by contacting the person listed under FOR FURTHER 
INFORMATION CONTACT. All meetings will be open to the public and 
notices of the meetings will be posted at the location listed under 
ADDRESSES. A written summary of each public meeting will be made a part 
of the administrative record for this rulemaking.

II. Discussion of the Proposed Rule

Why is This Rule Being Written?

    On March 4, 1995, the President announced a government-wide

[[Page 15006]]
Regulatory Reinvention Initiative. The President directed each agency 
to conduct a page-by-page review of its regulations for the purpose of 
eliminating or revising those that are outdated or otherwise in need of 
reform. As part of that effort, OSM is considering several means of 
reducing the number of pages in the CFR. This proposed rule would 
remove the full text of the State-Federal cooperative agreements from 
30 CFR Parts 900, 901, 906, 913, 926, 931, 934, 935, 936, 944, 946, 
948, and 950, and would eliminate from Part 745 the requirement to 
codify the text of any cooperative agreements approved in the future. 
This action would result in a reduction of approximately 65 pages from 
the CFR and reduce future printing costs for the government, and 
contribute to on-going efforts to make the CFR a more readable 
document.

What is a State-Federal Cooperative Agreement?

    Section 523(c) of the Surface Mining Control and Reclamation Act of 
1977 (``the Act''), 30 U.S.C. 1201 et seq., and the implementing 
regulations at 30 CFR Part 745, allow a State and the Secretary of the 
Interior (Secretary) to enter into a cooperative agreement if the State 
has an approved State program for the regulation of surface coal mining 
and reclamation operations on non-Federal and non-Indian lands. 
Cooperative agreements are authorized by the first sentence of section 
523(c), which provides that, ``Any State with an approved State program 
may elect to enter into a cooperative agreement with the Secretary to 
provide for State regulation of surface coal mining and reclamation 
operations on Federal lands within the State, provided the Secretary 
determines in writing that such State has necessary personnel and 
funding to fully implement such a cooperative agreement in accordance 
with the provision of this Act.'' 30 U.S.C. 1273(c). Cooperative 
agreements currently exist for the following States: Alabama, Colorado, 
Illinois, Montana, North Dakota, New Mexico, Ohio, Oklahoma, Utah, 
Virginia, West Virginia, and Wyoming.

What Would Change?

    Under current approval procedures for cooperative agreements (or 
revisions thereof), the full text of a requested cooperative agreement 
is published in the Federal Register as a proposed rule and comments 
are solicited from the public on the terms of the agreement. After 
comments are considered and the terms of the cooperative agreement are 
agreed to by the Secretary and the governor of the State requesting the 
agreement, the full text is published in the Federal Register as a 
final rule and then codified in the CFR. Under the revised procedures 
being proposed in Secs. 745.11 (c) and (h), OSM would continue to 
publish the full text of a requested cooperative agreement in the 
Federal Register and solicit public comments prior to approval by the 
Secretary and the governor. However, the full text would be included in 
the preamble discussion of the proposed rule, and only a brief 
statement giving information about the agreement would be included as a 
proposed rule. After the cooperative agreement has been signed by the 
Secretary and the governor, OSM would publish the final rule in the 
Federal Register indicating the Secretary' approval. Included in the 
preamble to the final rule would be the full text of the approved 
cooperative agreement and a discussion of any changes made to the text 
based on comments received. The Secretary's decision approving the 
cooperative agreement would then be codified in 30 CFR under the 
appropriate Part for the State. The codified text would consist of a 
statement indicating that the Secretary and the governor have entered 
into a State-Federal cooperative agreement, the effective date of the 
cooperative agreement, and the address where a copy of it may be 
obtained.
    The proposed changes in the approval procedures for cooperative 
agreements would also apply to the amendment and reinstatement of such 
agreements. The proposed rule would make conforming changes to 
Secs. 745.14 and 745.16(a) which govern amendments and reinstatements, 
respectively. Under the proposed rule, when the Secretary approves an 
amendment to, or reinstatement of, a cooperative agreement, OSM would 
publish the full text in the Federal Register but would only codify in 
the CFR a statement indicating that a cooperative agreement is in 
effect, the date the amendment or reinstatement went into effect, and 
the address where a copy may be obtained.
    OSM believes that there is no compelling need to codify the full 
text of the cooperative agreements in the CFR. Under the proposed rule, 
essentially the same information would be included in the Federal 
Register as is presently included except that under the proposed rule 
the full text of the cooperative agreement would be included in the 
preamble discussion and not as part of the rule language. Further, 
there is no statutory requirement in the Act to codify the full text in 
the CFR. Although the codified full text may be a convenient reference 
for members of the public who might want to review the provisions of a 
cooperative agreement, OSM believes that once a cooperative agreement 
has been approved, few members of the public, if any, actually refer to 
them. If the full text is desired, copies would be readily available 
from designated sources.
    OSM also proposes to revise the procedures in Sec. 745.11(d) so as 
to require that a public hearing be held only if a hearing is requested 
by a member of the public. The current regulations require that a 
hearing be held even if one is not requested. Since 1988, OSM has 
published 4 proposed rules dealing with cooperative agreements and no 
one has asked to testify at a public hearing.
    OSM is proposing to make conforming changes to 30 CFR 900.2 and 
900.15 to delete references to the full text of the cooperative 
agreements. OSM also proposes to add the names of the States with 
approved cooperative agreements to Sec. 900.15 along with a statement 
that the effective dates are included under the applicable State Part.
    Finally, OSM is proposing to revise 30 CFR Parts 900, 901, 906, 
913, 926, 931, 934, 935, 936, 944, 946, 948, and 950, to remove the 
full text of currently approved cooperative agreements and to 
substitute a statement indicting that a cooperative agreement is in 
effect, the date the agreement went into effect, and the address where 
a copy may be obtained.
    Although the full text of the cooperative agreements is being 
removed from the CFR in favor of the above statement, the signed 
agreements remain in effect and will continue to delineate State and 
Federal responsibilities with regard to surface coal mining and 
reclamation operations on Federal lands.
    The following table provides a summary of the proposed changes 
contained in the rule.

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           Section                         Summary of changes           
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745.11(c)....................  Revised to remove the requirement that   
                                the full text be published in the       
                                Federal Register as a proposed rule.    
745.11(d)....................  Revised to require a public hearing only 
                                if one is requested. A public hearing is
                                currently required in all rulemakings.  

[[Page 15007]]
                                                                        
745.11(h)....................  New paragraph added to require that upon 
                                approval of a State-Federal cooperative 
                                agreement, the regulations in Subchapter
                                T must be amended to indicate that a    
                                cooperative agreement has been entered  
                                into, the effective date, and the       
                                address where the full text of the      
                                cooperative agreement may be obtained.  
745.14.......................  Revised to require that amendments to    
                                cooperative agreements be adopted in    
                                accordance with Sec.  745.11.           
745.16(a)....................  Revised to require that reinstatements of
                                cooperative agreements be made in       
                                accordance with Sec.  745.11.           
900.2........................  Revised to eliminate reference to the    
                                full text of the cooperative agreements.
900.15.......................  Revised to eliminate reference to the    
                                full text of the cooperative agreements 
                                and to add that information on the      
                                agreement is available in Subchapter T. 
901.30, 906.30, 913.30,        Revised to remove the full text of the   
 926.30, 931.30, 934.20,        approved cooperative agreement and to   
 935.30, 936.30, 944.30,        substitute data on the date the         
 946.30, 948.30, 950.20.        cooperative agreement went into effect  
                                and the address where a copy may be     
                                obtained. The proposed revision includes
                                a reference to Sec.  745.12 which       
                                specifies the general provisions        
                                required in a cooperative agreement, and
                                to Sec.  745.13 which specifies the     
                                authority which cannot be delegated to a
                                State.                                  
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How Would This Rule Affect Coal Mining on Federal Lands?

    The rule would not change the way coal mining activities are 
regulated on Federal lands. Although the full text of the cooperative 
agreements are being removed from the CFR, the cooperative agreements 
remain in effect and those States with cooperative agreements would 
continue to regulate coal mining activities on Federal lands within the 
State according to the terms of the cooperative agreement.

How do I Get a Copy of a State-Federal Cooperative Agreement?

    A copy of the full text of the cooperative agreement may be 
obtained by contacting the Office of Surface Mining Reclamation and 
Enforcement, Administrative Record Room, 1951 Constitution Avenue, 
N.W., Washington, D.C. 20240. E-Mail/Internet address: 
[email protected]. The full text of the cooperative agreements is also 
available on the World Wide Web at: http://www.osmre.gov.
    The following table provides a list of those States with approved 
cooperative agreements, the date the original agreement was published, 
the date of any approved revisions, the effective dates, and the 
Federal Register citation.

----------------------------------------------------------------------------------------------------------------
                                       30 CFR part     Publication                                              
               State                       No.            date       Effective date   Federal Register Citation 
----------------------------------------------------------------------------------------------------------------
Alabama............................             901        07/30/85        08/28/85  50 FR 30921                
Colorado...........................             906        10/06/82        10/06/82  47 FR 44217                
Illinois...........................             913        11/27/87        12/28/87  52 FR 45329                
Montana............................             926        04/08/81        05/08/81  46 FR 20993                
North Dakota.......................             934        09/15/83        09/15/83  48 FR 41395                
                                                           04/07/88        05/09/88  53 FR 11501                
New Mexico.........................             931        12/20/82        12/20/82  47 FR 58606                
                                                           05/12/89        06/12/89  54 FR 20568                
Ohio...............................             935        04/13/84        04/13/84  54 FR 51743                
                                                           12/18/89        01/17/90  54 FR 51743                
Oklahoma...........................             936        09/11/89        10/11/89  54 FR 37459                
Utah...............................             944        04/13/87        04/13/87  52 FR 7850                 
Virginia...........................             946        04/07/87        05/07/87  52 FR 11049                
West Virginia......................             948        03/09/84        03/09/84  52 FR 11049                
Wyoming............................             950        01/28/81        03/18/91  51 FR 45089                
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III. Procedural Matters

Federal Paperwork Reduction Act

    This rule does not contain collections of information which 
requires approval by the Office of Management and Budget under 44 
U.S.C. 3501 et seq.

Regulatory Flexibility Act

    The Department of the Interior certifies that this proposed 
revision would 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.).

National Environmental Policy Act

    This rule has been reviewed by OSM and it has been determined to be 
categorically excluded from the National Environmental Policy Act 
(NEPA) process in accordance with the Departmental Manual 516 DM 6, 
Appendix 8.4.A(4).

Executive Order 12866

    This rule is not significant under Executive Order 12866 and does 
not require review by the Office of Management and Budget.

Executive Order 12778

    This proposed rule has been reviewed under the applicable standards 
of Section 2(b)(2) of Executive Order 12778, Civil Justice Reform (56 
FR 55195). In general, the requirements of Section 2(b)(2) of Executive 
Order 12778 are covered by the preamble discussion of this proposed 
rule. Additional remarks follow concerning individual elements of the 
Executive Order:
    A. What is the preemptive effect, if any, to be given to the 
regulation?
    The proposed rule would have no preemptive effect.
    B. What is the effect on existing Federal law or regulation, if 
any, including all provisions repealed or modified.
    This rule modifies the implementation of SMCRA as described herein, 
and is not intended to modify the implementation of any other Federal 
statute. The preceding discussion of this rule specifies the Federal 
regulatory provisions that are affected by this rule.
    C. Does the rule provide a clear and certain legal standard for 
affected conduct rather than a general standard, while promoting 
simplification and burden reduction?

[[Page 15008]]

    The standards established by this rule are as clear and certain as 
practicable, given the complexity of the topics covered and the 
mandates of SMCRA.
    D. What is the retroactive effect, if any, to be given to the 
regulation?
    This rule is not intended to have retroactive effect.
    E. Are administrative proceedings required before parties may file 
suit in court? Which proceedings apply? Is the exhaustion of 
administrative remedies required?
    No administrative proceedings are required before parties may file 
suit in court challenging the provisions of this rule under section 
526(a) of SMCRA, 30 U.S.C. 127(a).
    Prior to any judicial challenge to the application of the rule, 
however, administrative procedure must be exhausted. In situations 
involving OSM application of the rule, applicable administrative 
procedures may be found at 43 CFR Part 4. In situations involving State 
regulatory authority application of provisions equivalent to those 
contained in this rule, applicable administrative procedures are set 
forth in the particular State program.
    F. Does the rule define key terms, either explicitly or by 
reference to other regulations or statutes that explicitly define those 
items?
    Terms which are important to the understanding of this rule are set 
forth in 30 CFR 700.5 and 701.5.
    G. Does the rule address other important issues affecting clarity 
and general draftsmanship of regulations set forth by the Attorney 
General, with the concurrence of the Director of the Office of 
Management and Budget, that are determined to be in accordance with the 
purpose of the Executive Order?
    As of the date of publication, the Attorney General and the 
Director of the Office of Management and Budget have not issued any 
guidance on this requirement.

List of Subjects

30 CFR Part 745

    Coal mining, Intergovernmental relations, Public lands, Mineral 
resources, Reporting and recordkeeping requirements, Surface mining, 
Underground mining.

30 CFR Parts 900, 901, 906, 913, 926, 931, 934, 935, 936, 944, 946, 
948, and 950

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 13, 1996.
Bob Armstrong,
Assistant Secretary, Land and Minerals Management.

    For the reasons set out in the preamble, 30 CFR Parts 745, 900, 
901, 906, 913, 926, 931, 934, 935, 936, 944, 946, 948, and 950 are 
proposed to be amended as follows.

PART 745--STATE-FEDERAL COOPERATIVE AGREEMENTS

    1. The authority citation for Part 745 continues to read:

    Authority: 30 U.S.C. 1201 et seq. and 30 U.S.C. 181 et seq.

    2. Sec. 745.11, is amended by revising paragraph (c) introductory 
text, the first sentence of paragraph (d), and adding paragraph (h) to 
read as follows:


Sec. 745.11  Application and agreement.

* * * * *
    (c) OSM shall publish a notice of the request and the full text of 
the terms of the proposed cooperative agreement as submitted or as 
subsequently modified by OSM and the State in the Federal Register. A 
notice of the request and a summary of the terms of the proposed 
agreement shall also be published in a newspaper(s) of general 
circulation throughout the State. Both notices shall include:
* * * * *
    (d) If requested, a public hearing shall be held within the comment 
period in a suitable location in the State requesting the cooperative 
agreement. * * *
* * * * *
    (h) The Secretary shall amend the regulations in Subchapter T to 
indicate that a State-Federal cooperative agreement has been entered 
into, the effective date of the cooperative agreement, and the address 
where the full text of the cooperative agreement may be obtained.
    3. Sec. 745.14 is amended by revising the last sentence to read as 
follows:


Sec. 745.14  Amendments.

    * * * Amendments shall be adopted in accordance with the procedures 
in Sec. 745.11.
    4. Sec. 745.16 is amended by revising the last sentence of 
paragraph (a) to read as follows:


Sec. 745.16  Reinstatements.

    * * * Any reinstatement shall be in accordance with the procedures 
in Sec. 745.11.

PART 900--INTRODUCTION

    5. The authority citation for Part 900 continues to read as 
follows:

    Authority: Secs. 102, 201, 405, 503, 504, 505, and 523 of Pub. 
L. 95-87 (30 U.S.C. 1202, 1211, 1235, 1253, 1254, and 1273).

    6. In Sec. 900.2, the first sentence is revised to read as follows:


Sec. 900.2  Objectives.

    The objective of this part is to provide an introduction to the 
synopsis of the approved State programs, the Abandoned Mined Lands 
Reclamation programs, the cross referencing provisions of Federal 
programs, information on the effective date of State-Federal 
cooperative agreements for the regulation of mining on Federal lands, 
and where a copy may be obtained. * * *
    7. Sec. 900.15 is revised to read as follows:


Sec. 900.15  Federal lands program cooperative agreements.

    The effective date for each State-Federal cooperative agreement for 
the State regulation of surface coal mining and reclamation operations 
on Federal lands is published below under the applicable part for 
States with cooperative agreements. The following states have entered 
into cooperative agreements: Alabama, Colorado, Illinois, Montana, 
North Dakota, New Mexico, Ohio, Oklahoma, Utah, Virginia, West 
Virginia, and Wyoming.

PART 901--ALABAMA

    8. The authority citation for Part 901 continues to read as 
follows:

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

    9. Sec. 901.30 is revised to read as follows:


Sec. 901.30  State-Federal cooperative agreement.

    The Governor of the State of Alabama and the Secretary of the 
Interior have entered into a cooperative agreement setting forth the 
responsibilities of each party for the regulation of surface coal 
mining and reclamation operations on Federal lands in the State. The 
cooperative agreement became effective on August 28, 1985. The general 
provisions required in a cooperative agreement are specified under 
Sec. 745.12. The authority reserved for the Secretary which cannot be 
delegated to a State is specified under Sec. 745.13. A copy of the full 
text of the cooperative agreement may be obtained by contacting the 
Office of Mining Reclamation and Enforcement, Administrative Record 
Room, 1951 Constitution Avenue, NW., Washington, DC 20240 The full text 
of the cooperative agreement is also available on the World Wide Web 
at: http://www.osmre.gov.

[[Page 15009]]


PART 906--COLORADO

    10. The authority citation for part 906 continues to read as 
follows:

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

    11. Sec. 906.30 is revised to read as follows:


Sec. 906.30  State-Federal cooperative agreement.

    The Governor of the State of Colorado and the Secretary of the 
Interior have entered into a cooperative agreement setting forth the 
responsibilities of each party for the regulation of surface coal 
mining and reclamation operations on Federal lands in the State. The 
cooperative agreement became effective on October 6, 1982. The general 
provisions required in a cooperative agreement are specified under 
Sec. 745.12. The authority reserved for the Secretary which cannot be 
delegated to a State is specified under Sec. 745.13. A copy of the full 
text of the cooperative agreement may be obtained by contacting the 
Office of Surface Mining Reclamation and Enforcement, Administrative 
Record Room, 1951 Constitution Avenue, NW., Washington, DC 20240. The 
full text of the cooperative agreement is also available on the World 
Wide Web at: http://www.osmre.gov.

PART 913--ILLINOIS

    12. The authority citation for part 913 continues to read as 
follows:

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

    13. Sec. 913.30 is revised to read as follows:


Sec. 913.30  State-Federal cooperative agreement.

    The Governor of the State of Illinois and the Secretary of the 
Interior have entered into a cooperative agreement setting forth the 
responsibilities of each party for the regulation of surface coal 
mining and reclamation operations on Federal lands in the State. The 
cooperative agreement became effective on December 28, 1987. The 
general provisions required in a cooperative agreement are specified 
under Sec. 745.12. The authority reserved for the Secretary which 
cannot be delegated to a State is specified under Sec. 745.13. A copy 
of the full text of the cooperative agreement may be obtained by 
contacting the Office of Surface Mining Reclamation and Enforcement, 
Administrative Record Room, 1951 Constitution Avenue, NW., Washington, 
DC 20240. The full text of the cooperative agreement is also available 
on the World Wide Web at: http://www.osmre.gov.

PART 926--MONTANA

    14. The authority citation for part 926 continues to read as 
follows:

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

    15. Sec. 926.30 is revised to read as follows:


Sec. 926.30  State-Federal cooperative agreement.

    The Governor of the State of Montana and the Secretary of the 
Interior have entered into a cooperative agreement setting forth the 
responsibilities of each party for the regulation of surface coal 
mining and reclamation operations on Federal lands in the State. The 
cooperative agreement became effective on May 8, 1981. The general 
provisions required in a cooperative agreement are specified under 
Sec. 745.12. The authority reserved for the Secretary which cannot be 
delegated to a State is specified under Sec. 745.13. A copy of the full 
text of the cooperative agreement may be obtained by contacting the 
Office of Surface Mining Reclamation and Enforcement, Administrative 
Record Room, 1951 Constitution Avenue, NW., Washington, DC 20240. The 
full text of the cooperative agreement is also available on the World 
Wide Web at: http://www.osmre.gov.

PART 931--NEW MEXICO

    16. The authority citation for part 931 continues to read as 
follows:

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

    17. Sec. 931.30 is revised to read as follows:


Sec. 931.30  State-Federal cooperative agreement.

    The Governor of the State of New Mexico and the Secretary of the 
Interior have entered into a cooperative agreement setting forth the 
responsibilities of each party for the regulation of surface coal 
mining and reclamation operations on Federal lands in the State. The 
cooperative agreement became effective on December 20, 1982. Certain 
provisions were revised effective June 12, 1989. The general provisions 
required in a cooperative agreement are specified under Sec. 745.12. 
The authority reserved for the Secretary which cannot be delegated to a 
State is specified under Sec. 745.13. A copy of the full text of the 
cooperative agreement may be obtained by contacting the Office of 
Surface Mining Reclamation and Enforcement, Administrative Record Room, 
1951 Constitution Avenue, NW., Washington, DC 20240. The full text of 
the cooperative agreement is also available on the World Wide Web at: 
http://www.osmre.gov.

PART 934--NORTH DAKOTA

    18. The authority citation for part 934 continues to read as 
follows:

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

    19. Sec. 934.30 is revised to read as follows:


Sec. 934.30  State-Federal cooperative agreement.

    The Governor of the State of North Dakota and the Secretary of the 
Interior have entered into a cooperative agreement setting forth the 
responsibilities of each party for the regulation of surface coal 
mining and reclamation operations on Federal lands in the State. The 
cooperative agreement became effective on September 15, 1983. Certain 
provisions were revised effective May 9, 1988. The general provisions 
required in a cooperative agreement are specified under Sec. 745.12. 
The authority reserved for the Secretary which cannot be delegated to a 
State is specified under Sec. 745.13. A copy of the full text of the 
cooperative agreement may be obtained by contacting the Office of 
Surface Mining Reclamation and Enforcement, Administrative Record Room, 
1951 Constitution Avenue, NW., Washington, DC 20240. The full text of 
the cooperative agreement is also available on the World Wide Web at: 
http://www.osmre.gov.

PART 935--OHIO

    20. The authority citation for Part 935 continues to read as 
follows:

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

    21. Sec. 935.30 is revised to read as follows:


Sec. 935.30  State-Federal cooperative agreement.

    The Governor of the State of Ohio and the Secretary of the Interior 
have entered into a cooperative agreement setting forth the 
responsibilities of each party for the regulation of surface coal 
mining and reclamation operations on Federal lands in the State. The 
cooperative agreement became effective on April 13, 1984. Certain 
provisions were revised effective January 17, 1990. The general 
provisions required in a cooperative agreement are specified under 
Sec. 745.12. The authority reserved for the Secretary which cannot be 
delegated to a State is specified under Sec. 745.13. A copy of the full 
text of the cooperative agreement may be obtained by contacting the 
Office of Surface Mining Reclamation and Enforcement, Administrative 
Record Room, 1951 Constitution Avenue, NW., Washington, DC 20240. The 
full text of the cooperative agreement is also available

[[Page 15010]]
on the World Wide Web at: http://www.osmre.gov.

PART 936--OKLAHOMA

    22. The authority citation for Part 936 continues to read as 
follows:

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


Sec. 936.30  State-Federal cooperative agreement.

    The Governor of the State of Oklahoma and the Secretary of the 
Interior have entered into a cooperative agreement setting forth the 
responsibilities of each party for the regulation of surface coal 
mining and reclamation operations on Federal lands in the State. The 
cooperative agreement became effective on October 11, 1989. The general 
provisions required in a cooperative agreement are specified under 
Sec. 745.12. The authority reserved for the Secretary which cannot be 
delegated to a State is specified under Sec. 745.13. A copy of the full 
text of the cooperative agreement may be obtained by contacting the 
Office of Surface Mining Reclamation and Enforcement, Administrative 
Record Room, 1951 Constitution Avenue, NW., Washington, DC 20240. The 
full text of the cooperative agreement is also available on the World 
Wide Web at: http://www.osmre.gov.

PART 944--UTAH

    23. The authority citation for Part 944 continues to read as 
follows:

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

    24. Sec. 944.30 is revised as follows:


Sec. 944.30  State-Federal cooperative agreement.

    The Governor of the State of Utah and the Secretary of the Interior 
have entered into a cooperative agreement setting forth the 
responsibilities of each party for the regulation of surface coal 
mining and reclamation operations on Federal lands in the State. The 
cooperative agreement became effective on April 13, 1987. The general 
provisions required in a cooperative agreement are specified under 
Sec. 745.12. The authority reserved for the Secretary which cannot be 
delegated to a State is specified under Sec. 745.13. A copy of the full 
text of the cooperative agreement may be obtained by contacting the 
Office of Surface Mining Reclamation and Enforcement, Administrative 
Record Room, 1951 Constitution Avenue, NW., Washington, DC 20240. The 
full text of the cooperative agreement is also available on the World 
Wide Web at: http://www.osmre.gov.

PART 946--VIRGINIA

    25. The authority citation for Part 946 continues to read as 
follows:

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

    26. Sec. 946.30 is revised to read as follows:


Sec. 946.30  State-Federal cooperative agreement.

    The Governor of the State of Virginia and the Secretary of the 
Interior have entered into a cooperative agreement setting forth the 
responsibilities of each party for the regulation of surface coal 
mining and reclamation operations on Federal lands in the State. The 
cooperative agreement became effective on April 7, 1987. The general 
provisions required in a cooperative agreement are specified under 
Sec. 745.12. The authority reserved for the Secretary which cannot be 
delegated to a State is specified under Sec. 745.13. A copy of the full 
text of the cooperative agreement may be obtained by contacting the 
Office of Surface Mining Reclamation and Enforcement, Administrative 
Record Room, 1951 Constitution Avenue, N.W., Washington, D.C. 20240. 
The full text of the cooperative agreement is also available on the 
World Wide Web at: http://www.osmre.gov.

PART 948--WEST VIRGINIA

    27. The authority citation for Part 949 continues to read as 
follows:

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

    28. Sec. 948.30 is revised to read as follows:


Sec. 948.30  State-Federal cooperative agreement.

    The Governor of the State of West Virginia and the Secretary of the 
Interior have entered into a cooperative agreement setting forth the 
responsibilities of each party for the regulation of surface coal 
mining and reclamation operations on Federal lands in the State. The 
cooperative agreement became effective on April 7, 1987. The general 
provisions required in a cooperative agreement are specified under 
Sec. 745.12. The authority reserved for the Secretary which cannot be 
delegated to a State is specified under Sec. 745.13. A copy of the full 
text of the cooperative agreement may be obtained by contacting the 
Office of Surface Mining Reclamation and Enforcement, Administrative 
Record Room, 1951 Constitution Avenue, N.W., Washington, D.C. 20240. 
The full text of the cooperative agreement is also available on the 
World Wide Web at: http://www.osmre.gov.

PART 950--WYOMING

    29. The authority citation for Part 950 continues to read as 
follows:

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

    30. Sec. 950.20 is revised to read as follows:


Sec. 950.20  State-Federal cooperative agreement.

    The Governor of the State of Wyoming and the Secretary of the 
Interior have entered into a cooperative agreement setting forth the 
responsibilities of each party for the regulation of surface coal 
mining and reclamation operations on Federal lands in the State. The 
cooperative agreement became effective on January 15, 1987. The general 
provisions required in a cooperative agreement are specified under 
Sec. 745.12. The authority reserved for the Secretary which cannot be 
delegated to a State is specified under Sec. 745.13. A copy of the full 
text of the cooperative agreement may be obtained by contacting the 
Office of Surface Mining Reclamation and Enforcement, Administrative 
Record Room, 1951 Constitution Avenue, N.W., Washington, D.C. 20240. 
The full text of the cooperative agreement is also available on the 
World Wide Web at: http://www.osmre.gov.

[FR Doc. 96-8189 Filed 4-3-96; 8:45 am]
BILLING CODE 4310-05-M