53798 Federal Register / Vol. 62, No. 200 / Thursday, October 16, 1997 / Notices

public after approval of the full

Commission. A transcript will be

available after November 30, 1997. For

a copy of the minutes, contact the

Superintendent, Manzanar National

Historic Site, P.O. Box 426,

Independence, California 93526.

Dated: September 25, 1997.

Ross R. Hopkins,

Superintendent, Manzanar National Historic

Site.

[FR Doc. 97–27409 Filed 10–15–97; 8:45 am]

BILLING CODE 4310–70–P

DEPARTMENT OF THE INTERIOR

National Park Service

Mississippi River Coordinating

Commission Meeting

AGENCY: National Park Service, Interior.

ACTION: Notice of Meeting.

SUMMARY: This notice announces an

upcoming meeting of the Mississippi

River Coordinating Commission. Notice

of this meeting is required under the

Federal Advisory Committee Act (Pub.

L. 92–463).

MEETING DATE, TIME, AND ADDRESS:

Wednesday, November 5, 1997; 6:30

p.m. to 9:00 p.m.; Council Chambers,

Metropolitan Council, 230 East Fifth

Street, St. Paul, Minnesota.

An agenda for the meeting will be

available by October 17, 1997. Contact

the Superintendent of the Mississippi

National River and Recreation Area

(MNRRA) at the address listed below.

Public statements about matters related

to the MNRRA will be accepted at this

time.

FOR FURTHER INFORMATION CONTACT:

Superintendent JoAnn Kyral,

Mississippi National River and

Recreation Area, 175 East Fifth Street,

Suite 418, St. Paul, Minnesota 55101

(612–290–4160).

SUPPLEMENTARY INFORMATION: The

Mississippi River Coordinating

Commission was established by Public

Law 100–696, dated November 18, 1988.

Dated: October 2, 1997.

Alan M. Hutchings,

Acting Regional Director, Midwest Region.

[FR Doc. 97–27410 Filed 10–15–97; 8:45 am]

BILLING CODE 4310–70–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

Request for Determination of Valid

Existing Rights Within the

Monongahela National Forest

AGENCY: Office of Surface Mining

Reclamation and Enforcement, Interior.

ACTION: Notice of request for

determination of valid existing rights

and invitation for interested persons to

participate.

SUMMARY: The Office of Surface Mining

Reclamation and Enforcement (OSM)

has been ordered by the United States

District Court for the Northern District

of West Virginia to determine whether

Walter D. Helmick has valid existing

rights (VER) to surface mine coal on

Federal lands within the Monongahela

National Forest in Pocahontas County,

West Virginia. Mr. Helmick is successor

in interest to Ernest J. Van Gilder, who

previously submitted a VER request in

connection with the same property. By

this notice, OSM is inviting interested

persons to participate in the proceeding

and to submit relevant factual material

on the matter. OSM intends to develop

a complete administrative record and

will render a final agency decision on

whether Mr. Helmick has VER.

DATES: OSM will accept written

materials on this request for a VER

determination until 5 p.m. local time on

October 31, 1997.

ADDRESSES: Hand deliver or mail

written materials to: Peter R. Michael,

Office of Surface Mining Reclamation

and Enforcement, Appalachian Regional

Coordinating Center, room 218, Three

Parkway Center, Pittsburgh, PA 15200.

Documents contained in the

Administrative Record are available for

public review at the locations listed

below during normal business hours,

Monday through Friday, excluding

holidays.

Office of Surface Mining Reclamation

and Enforcement Appalachian

Regional Coordinating Center, Room

218, Three Parkway Center,

Pittsburgh, PA 15200, Telephone:

(412) 937–2867.

Office of Surface Mining Reclamation

and Enforcement Charleston Field

Office, 1027 Virginia Street E,

Charleston, WV 25301, Telephone:

(304) 347–7158.

FOR FURTHER INFORMATION CONTACT:

Peter R. Michael, Office of Surface

Mining Reclamation and Enforcement,

Appalachian Regional Coordinating

Center, Room 218, Three Parkway

Center, Pittsburgh, PA 15200,

Telephone: (412) 937–2867.

SUPPLEMENTARY INFORMATION: Section

522(e) of the Surface Mining Control

and Reclamation Act of 1977 prohibits

surface coal mining operations on

certain lands unless a person has VER

to conduct such operations or unless the

operation was in existence on August 3,

1977. Section 522(e)(2) applies the

prohibition to Federal lands within the

boundaries of any national forest unless

the Secretary of the Interior finds that

there are no significant recreational,

timber, economic, or other values that

may be incompatible with surface coal

mining operations and the surface

operations and impacts are incident to

an underground coal mine.

Under section 523 of the Act and 30

CFR 740.11, the approved State program

(including the State definition of VER)

applies to all Federal lands within

States with approved regulatory

programs. However, under 30 CFR

745.13, the Secretary has exclusive

authority to determine VER for surface

coal mining and reclamation operations

on Federal lands within the boundaries

of the areas specified in paragraphs

(e)(1) and (e)(2) of section 522 of the

Act. OSM reaffirmed these basic

principles in the preamble to the

suspension notice concerning VER

published on November 20, 1986 (51 FR

41954).

The term VER is defined in

Subsection 2.130 of the West Virginia

Surface Mining Reclamation

Regulations. Subsection 2.130 provides

that VER exists, except for haul roads,

in each case in which a person

demonstrates that the limitation

provided for in Section 22–3–22(d) of

the West Virginia Surface Coal Mining

and Reclamation Act would result in the

unconstitutional taking of that person’s

rights.

In 1994, Walter D. Helmick reacquired from Ernest J. Van Gilder

certain mineral rights beneath Federal

lands within the Monongahela National

Forest in the Little Levels District of

Pocahontas County, West Virginia. Mr.

Van Gilder had purchased the mineral

rights from Mr. Helmick in 1990 and

later requested a VER determination

from OSM for his planned surface

mining operation on the property in

question. Mr. Helmick’s current VER

request incorporates as part of the

administrative record all supporting

documents and public comments

received by OSM in response to the

request of Mr. Van Gilder and previous

interested parties.

Mr. Helmick alleges that he owns

mineral rights on two adjacent tracts of
Federal Register / Vol. 62, No. 200 / Thursday, October 16, 1997 / Notices 53799

land, the surface of which is owned by

the United States of America and

managed by the United States Forest

Service. Tract 574 contains 1,045.3 acres

and is situated seven miles west of

Hillsboro, West Virginia on the waters

of Hills Creek and the waters of Robins

Run, a tributary of Spring Creek. The

second tract, known as the

Killingsworth Tract, contains 179 acres

and is situated on the headwaters of

Spruce Run, a tributary of the

Greenbrier River. Both properties are

located on Briery Knob. They each were

mined during the 1940’s by surface

mining methods. A face-up area for an

underground coal mine under permit by

the West Virginia Department of Energy

is located on Tract 574.

In order to establish that the requester

has VER for surface coal mining on the

properties in question, OSM must first

determine that the requester has

demonstrated all necessary rights to

surface mine the coal. On November 17,

1989, the U.S. Department of

Agriculture (USDA) Forest Service

advised OSM of the USDA Office of

General Counsel’s opinion that ‘‘* * *

the owners did not reserve the right to

remove the coal by surface mining when

these lands were acquired by the United

States.’’ This opinion was reaffirmed on

February 6, 1991, subsequent to Mr. Van

Gilder’s acquisition of the coal and his

VER determination request. On April

23, 1991, OSM informed Mr. Van Gilder

that the agency could not consider his

request to be administratively complete

in light of ‘‘* * * the unresolved

difference of opinion concerning the

nature of the property rights you

possess.’’

In December, 1995, Mr. Helmick filed

an action in the United States District

Court for the Northern District of West

Virginia, claiming that his mineral

interests had been taken without just

compensation when the Forest Service

determined that Mr. Van Gilder’s

interest in the tract did not include the

right to conduct surface mining.

Helmick v. United States, No. 95–0115

(N.D. W.Va.) After the Government filed

a motion to dismiss for failure to state

a claim on February 15, 1996, Mr.

Helmick amended his complaint by

adding the Department of the Interior as

a party, by eliminating his claim of a

taking under the Tucker Act, and by

substituting three new counts seeking to

review ‘‘agency action’’ under the APA.

On September 8, 1997, the court in

Helmick ordered the Secretary of the

Interior to render a final VER

determination by December 6, 1997.

In order to comply with the Court’s

order, and because of the time that has

passed since OSM’s last administrative

action in this matter, OSM believes it is

appropriate to reopen the administrative

record to allow all interested persons to

provide any additional factual

information as to whether the requester

has the property right to mine by the

proposed method, and as to whether the

requester has VER under the applicable

standards. If OSM determines that

Walter D. Helmick has VER, he may

apply to the West Virginia Department

of Energy for a permit authorizing the

surface and auger mining of coal on the

two tracts in question. If it is

determined that Mr. Helmick does not

have VER, no surface or auger mining

will be permitted.

Dated: October 9, 1997.

Allen D. Klein,

Regional Director, Appalachian Regional

Coordinating Center.

[FR Doc. 97–27349 Filed 10–15–97; 8:45 am]

BILLING CODE 4310–05–M

INTERNATIONAL TRADE

COMMISSION

[Investigation No. 731–TA–758 (Final)]

Collated Roofing Nails From Korea

AGENCY: United States International

Trade Commission, Commerce.

ACTION: Termination of investigation.

SUMMARY: On October 1, 1997, the

Department of Commerce published

notice in the Federal Register of a

negative final determination of sales at

less than fair value in connection with

the subject investigation (62 FR 51420).

Accordingly, pursuant to section

207.40(a) of the Commission’s Rules of

Practice and Procedure (19 CFR

207.40(a)), the antidumping

investigation concerning collated

roofing nails from Korea (investigation

No. 731–TA–758 (Final)) is terminated.

EFFECTIVE DATE: October 1, 1997.

FOR FURTHER INFORMATION CONTACT: Fred

Ruggles (202–205–3187), Office of

Investigations, U.S. International Trade

Commission, 500 E Street SW,

Washington, DC 20436. Hearingimpaired individuals are advised that

information on this matter can be

obtained by contacting the

Commission’s TDD terminal on 202–

205–1810. Persons with mobility

impairments who will need special

assistance in gaining access to the

Commission should contact the Office

of the Secretary at 202–205–2000.

General information concerning the

Commission may also be obtained by

accessing its internet server (http://

www.usitc.gov or ftp://ftp.usitc.gov).

AUTHORITY: This investigation is being

terminated under authority of title VII of the

Tariff Act of 1930; this notice is published

pursuant to section 201.10 of the

Commission’s rules (19 CFR § 201.10).

By order of the Commission.

Issued: October 9, 1997.

Donna R. Koehnke,

Secretary.

[FR Doc. 97–27490 Filed 10–15–97; 8:45 am]

BILLING CODE 7020–02–P

INTERNATIONAL TRADE

COMMISSION

[Investigation No. 332–385]

General Agreement on Trade in

Services: Examination of the

Schedules of Commitments Submitted

by Trading Partners of Eastern Europe,

the European Free Trade Area, and

Turkey

AGENCY: United States International

Trade Commission.

ACTION: Institution of investigation and

scheduling of public hearing.

EFFECTIVE DATE: October 6, 1997.

SUMMARY: Following receipt on

September 19, 1997, of a request from

the Office of the United States Trade

Representative (USTR), the Commission

instituted investigation No. 332–385,

General Agreement on Trade in

Services: Examination of the Schedules

of Commitments Submitted by Trading

Partners of Eastern Europe, the

European Free Trade Area, and Turkey,

under section 332(g) of the Tariff Act of

1930 (19 U.S.C. 1332(g)).

FOR FURTHER INFORMATION: Information

on service industries may be obtained

from Mr. Richard Brown, Office of

Industries (202–205–3438) and Mr.

Scott Ki, Office of Industries (202–205–

2160); economic aspects, from Mr.

William Donnelly, Office of Economics

(202–205–3223); and legal aspects, from

Mr. William Gearhart, Office of the

General Counsel (202–205–3091). The

media should contact Ms. Margaret

O’Laughlin, Office of External Relations

(202–205–1819). Hearing impaired

individuals are advised that information

on this matter can be obtained by

contacting the TDD terminal on (202–

205–1810).

BACKGROUND: As requested by the USTR

in a letter dated September 19, 1997, the

Commission, pursuant to section 332(g)

of the Tariff Act of 1930, has instituted

an investigation and will prepare a

report that (1) examines the content of

schedules of commitments under the

General Agreement on Trade in Services

(GATS) for the countries specified