[Federal Register Volume 59, Number 115 (Thursday, June 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14653]
[[Page Unknown]]
[Federal Register: June 16, 1994]
VOL. 59, NO. 115
Thursday, June 16, 1994
ADVISORY COUNCIL ON HISTORIC PRESERVATION
Programmatic Agreement for Consideration of Historic Properties
in Surface Coal Mining and Reclamation Operations
AGENCY: Advisory Council on Historic Preservation.
ACTION: Notice of availability and request for comments.
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SUMMARY: The Advisory Council on Historic Preservation (Council) and
the Office of Surface Mining Reclamation and Enforcement (OSM), are
inviting written comments from the public on a proposed Programmatic
Agreement (PA) among OSM, the Council, and the National Conference of
State Historic Preservation Officers (NCSHPO), that would set forth OSM
procedures for taking into account the effects of surface coal mining
and reclamation operations on historic properties.
The Council and OSM have jointly developed the proposed PA with
NCSHPO, pursuant to Sec. 800.13 of the Council's regulations (36 CFR
part 800). The PA sets forth proposed procedures for meeting the
requirements of section 106 of the National Historic Preservation Act
of 1966 (Pub. L. 89-665) (NHPA or the Act) and other provisions of the
Act as amended in 1992 (Pub. L. 102-575).
The Council is an independent Federal agency that advises the
President and Congress on matters of historic preservation. OSM is the
Federal agency within the Department of the Interior created by the
Surface Mining Control and Reclamation Act of 1977 (SMCRA) to implement
SMCRA's requirements concerning the regulation of surface coal mining
and reclamation operations and the reclamation of abandoned mine lands.
OSM's SMCRA responsibilities include conducting oversight of State
administration of approved State regulatory programs in the 24 primacy
States and providing regulatory grants to primacy States to administer
and enforce their regulatory programs.
OSM initiated consultation with the Council in April 1993 to
explore options for implementing its responsibilities under the 1992
Amendments to the NHPA, particularly in relation to State permitting
actions and related activities. Over the past year, the Council, OSM,
and NCSHPO have been working together to develop the proposed PA as a
potential compliance mechanism for implementing OSM's responsibilities
under the 1992 NHPA Amendments and the 1991 judicial decision in
Indiana Coal Council, Inc. v. Lujan (744 F. Supp. 1385 [D.DC. 1991]). A
PA is one of the options set forth in the Council's regulations at
Sec. 36 CFR section 800.13 for a Federal agency to tailor section 106
review procedures to meet its historic preservation obligations in lieu
of the standard process set forth at 36 CFR Sec. 800.4-6. The 1992
amendments to the Act clarified that State regulatory programs
administered pursuant to a delegation or approval by a Federal agency,
such as OSM's approval of State programs and delegation of surface coal
mining regulation to State Regulatory Authorities (SRAs), are Federal
undertakings subject to section 106 of the Act. Therefore, OSM is now
responsible for ensuring that the effects on historic properties of
each State permitting action are appropriately considered. Each SRA
must assist OSM in fulfilling its NHPA responsibilities as a standard
condition of each regulatory grant.
The proposed PA sets forth procedures for implementing OSM's NHPA
section 106 responsibilities as an alternative to the standard section
106 review process. The PA covers State permitting activities in the 24
primacy States and on Federal lands in cooperative agreement States,
where the States exercise regulatory jurisdiction over such lands. The
PA also covers OSM permitting actions in Federal program States, and on
Federal lands in non-cooperative agreement States, where OSM is the
regulatory authority. The terms of the PA do not apply to OSM's
regulatory activities on Indian lands or where National Historic
Landmark properties may be affected. In these situations, the standard
process at 36 CFR Sec. 800.4-6, applies. In contrast to the standard
section 106 review process, the PA is intended to expedite and
streamline the process by granting more decisionmaking and
implementation authority to the States. The proposed PA provides for
Council and OSM involvement in a proposed surface coal mining
permitting action only if disputes arise that are unresolvable at the
State level or if a member of the public requests such involvement. The
PA also encourages SRAs and State Historic Preservation Officers to
develop and formalize their own State-specific procedures based on
those contained in the PA. Finally, the PA establishes a monitoring and
reporting system whereby OSM can ensure compliance with section 106
requirements.
Publication of this proposed PA and request for comments on its
scope, efficacy, and adequacy is part of the public participation
process as set forth at 36 CFR Sec. 800.13(c) of the Council's
regulations with the purpose of gathering information, comments, and
suggestions on the proposed PA.
FOR COPIES OF THE PROPOSED PA CONTACT: Thomas M. McCulloch, Office of
Education and Preservation Assistance, Advisory Council on Historic
Preservation, 1100 Pennsylvania Ave. NW., suite 803, Washington, DC
20004 (202-606-8520).
COMMENTS DUE: Written comments on the proposed PA should be submitted
to the Council, at the address given above, by 5 p.m. Eastern time on
the 15th of August, 1994.
FOR FURTHER INFORMATION CONTACT: Thomas M. McCulloch, Office of
Education and Preservation Assistance, Advisory Council on Historic
Preservation, 1100 Pennsylvania Ave. NW., suite 803, Washington, DC
20004 (202-606-8520) OR Suzanne Hudak, Office of Surface Mining
Reclamation and Enforcement, 1951 Constitution Ave. NW., Washington, DC
20240 (202-208-2700).
Dated: June 7, 1994.
Robert D. Bush,
Executive Director.
[FR Doc. 94-14653 Filed 6-15-94; 8:45 am]
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