# State-Federal Cooperative Agreements

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URL: https://www.frixlaw.com/law-library/documents/fr%3A96-8189

## Record

- **Collection:** Federal Register
- **Document type:** Proposed Rule
- **Published:** April 4, 1996
- **Citation:** 61 FR 15005

## Text

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.

-----------------------------------------------------------------------

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.

------------------------------------------------------------------------
Section Summary of changes
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-8189. Public record. Not legal advice.
