State-Federal Cooperative Agreements

Federal RegisterApr 4, 1996

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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

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.

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30 CFR part Publication

State No. date Effective date Federal Register Citation

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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.

* * * * *

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