[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 <a href="/cdn-cgi/l/email-protection#5738243a25223b32241738243a253279303821"><span class="__cf_email__" data-cfemail="bdd2ced0cfc8d1d8cefdd2ced0cfd893dad2cb">[email protected]</span></a>. 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: <a href="/cdn-cgi/l/email-protection#1a7b7e7f6c736e755a756977687f347d756c"><span class="__cf_email__" data-cfemail="a0c1c4c5d6c9d4cfe0cfd3cdd2c58ec7cfd6">[email protected]</span></a>.

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


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