[Federal Register Volume 62, Number 21 (Friday, January 31, 1997)]
[Notices]
[Page 4798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2181]
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DEPARTMENT OF THE INTERIOR
Draft Environmental Impact Statement, OSM-EIS-29
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Notice of availability of Draft Environmental Impact Statement.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
of the United States Department of the Interior is making available for
public comment, a revised Draft Environmental Impact Statement (DEIS)
for proposed revisions to the permanent program regulations
implementing section 522(e) of the Surface Mining Control and
Reclamation Act of 1977 (SMCRA) and a proposed interpretive rule
concerning the applicability of the section 522(e) prohibitions to
subsidence resulting from underground coal mining. The DEIS has been
prepared to assist OSM in determining the potential environmental
impacts of the various regulatory options under consideration.
DATES: Electronic or written comments: OSM will accept electronic or
written comments on the proposed rule until 5:00 p.m. Eastern time on
June 2, 1997.
Public hearings: Anyone wishing to testify at a public hearing must
submit a request on or before 5:00 p.m. Eastern time on March 17, 1997.
Because OSM will hold a public hearing at a particular location only if
there is sufficient interest, hearing arrangements, dates and times, if
any, will be announced in a subsequent Federal Register notice. Any
disabled individual who needs special accommodation to attend a public
hearing should contact the person listed under FOR FURTHER INFORMATION
CONTACT.
ADDRESSES: Electronic or written comments: Submit electronic comments
to osmrules@osmre.gov. Mail written comments to the Administrative
Record (MS-210), Office of Surface Mining Reclamation and Enforcement,
1951 Constitution Avenue, NW., Washington, DC 20240 or hand-deliver to
the Office of Surface Mining, Room 117, 1951 Constitution Avenue, NW.,
Washington, DC.
Public hearings: If there is sufficient interest, hearings may be
held in Billings, MT; Denver, CO; Lexington, KY; Washington, DC; and
Washington, PA. To request a hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT by the time specified under DATES using
any of the methods listed for ``Electronic or written comments''.
DEIS: Single copies of the DEIS may be obtained by contacting the
person listed under FOR FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: Andy DeVito, Office of Surface Mining
(MS 210), 1951 Constitution Avenue, NW, Washington, DC 20240;
Telephone:202-208-2701; E-Mail: adevito@osmre.gov.
SUPPLEMENTARY INFORMATION: OSM is making available for public comment,
the DEIS for proposed revisions to the permanent program regulations
implementing section 522(e) of SMCRA. The DEIS describes the
environmental impacts that would result from amending OSM's permanent
program regulations that address the issue of valid existing rights
(VER), coal exploration on lands protected by section 522(e), and the
application of the prohibitions of section 522(e) to the subsidence
effects of underground coal mining.
Except as otherwise provided in that section, the prohibitions in
section 522(e) of SMCRA apply to all surface coal mining operations
unless a person has VER for the area in question or unless an operation
existed on the enactment date of SMCRA. Lands designated by section
522(e)(1) include any lands within the boundaries of units of the
National Park System; the National Wildlife Refuge System; the National
System of Trails; the National Wilderness Preservation System; the Wild
and Scenic Rivers System, including study rivers designated under
section 5(a) include any Federal lands within the boundaries of any
National Forest. Lands designated by section 522(e)(3) include lands
where mining would adversely affect publicly owned parks and properties
listed on the National Register of Historic Places. Lands designated by
section 522(e)(4) and (5) include lands within 100 feet of public roads
and cemeteries, and within 300 feet of occupied dwellings, public
buildings, schools, churches, community or institutional buildings, and
public parks.
OSM has identified five alternatives for implementing the VER
exception to the prohibitions in section 522(e) of SMCRA. The five
alternatives are No Action, Good Faith All Permits (preferred
alternative), Good Faith All Permits or Takings, Ownership and
Authority, and Bifurcated, which is a combination of Good Faith All
Permits and Ownership and Authority.
There are five alternatives under consideration with respect to the
applicability of the prohibitions of section 522(e) to subsidence
resulting from underground coal mining. The alternatives are No Action,
Prohibitions Apply, Prohibitions Apply If There is Material Damage,
Prohibitions Apply If There is Subsidence, and Prohibitions Do Not
Apply (preferred alternative).
In addition to the above, there are five alternatives under
consideration with respect to the issue of coal exploration on section
522(e) lands.
OSM invites interested members of the public to comment on the DEIS
and on the proposed rules. The proposed rules are being published in
this issue of the Federal Register.
Dated: January 21, 1997.
Mary Josie Blanchard,
Assistant Director, Program Support.
[FR Doc. 97-2181 Filed 1-30-97; 8:45 am]
BILLING CODE 4310-05-M
