PART 935—OHIO Authority: 30 U.S.C. 1201 et seq. § 935.1 Scope. This part contains all rules applicable only within Ohio that have been adopted under the Surface Mining Control and Reclamation Act of 1977. [47 FR 34717, Aug. 10, 1982] § 935.10 State regulatory program approval. The Ohio State regulatory program as submitted on February 29, 1980, and resubmitted on January 22, 1982, is conditionally approved, effective August 16, 1982. Beginning on that date, the Department of Natural Resources shall be deemed the regulatory authority in Ohio for all surface coal mining and reclamation operations on non-Indian and non-Federal lands. Only surface coal mining and reclamation operations on non-Indian and non-Federal lands shall be subject to the provisions of the Ohio permanent regulatory program. Copies of the approved program, as amended, are available at: (a) Ohio Department of Natural Resources, Division of Reclamation, Building H-2, 1855 Fountain Square Court, Columbus, Ohio 43224. (b) [Reserved] [48 FR 23193, May 24, 1983, as amended at 59 FR 17930, Apr. 15, 1994] § 935.11 Conditions of State regulatory program approval. Link to an amendment published at 91 FR 51357, Aug. 7, 2026. The approval of the Ohio State program is subject to the State revising its program to correct the deficiencies listed in this section. The program revisions may be made, as appropriate, to the statute, the regulations, the program narrative, or the Attorney General's opinion. This section indicates, for the general guidance of the State, the component of the program to which the Secretary requires the change be made. (a)-(e) [Reserved] (f) Steps will be taken to terminate the approval found in § 935.10. (g) [Reserved] (h) Steps will be taken to terminate the approval found in § 935.10: (1) Unless Ohio submits to the Secretary by September 30, 1985, a revised program amendment that demonstrates how the alternative bonding system will assure timely reclamation at the site of all operations for which bond has been forfeited. (i)-(j) [Reserved] (k) Steps will be initiated to terminate the approval found in § 935.10. (l)-(m) [Reserved] [47 FR 34717, Aug. 10, 1982, as amended at 48 FR 1958, Jan. 17, 1983; 48 FR 23193, May 24, 1983; 48 FR 46027, Oct. 11, 1983; 48 FR 46531, Oct. 13, 1983; 49 FR 18482, May 1, 1984; 49 FR 37590, Sept. 25, 1984; 49 FR 43953, Nov. 1, 1984; 50 FR 25710, June 21, 1985] § 935.12 State statutory, regulatory, and proposed program amendments not approved. Link to an amendment published at 91 FR 51357, Aug. 7, 2026. (a) In OAC 1513-3-07(A), we are not approving the following sentence: “A petition for leave to intervene must be filed at least ten days prior to the beginning of an evidentiary hearing on the merits of an appeal, unless waived by the commission for extraordinary cause.” (b) In OAC 1513-3-07(D) (4), we are not approving the deletion of the following sentence: “The effect of intervention on the agency's implementation of its statutory mandate.” [83 FR 43983, Aug. 29, 2018] § 935.15 Approval of Ohio regulatory program amendments. Link to an amendment published at 91 FR 51358, Aug. 7, 2026. The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the Federal Register Federal Register. Original amendment submission date Date of final publication Citation/description September 16, 1982 January 17, 1983 OAC:13-1-01. October 13, 1982 January 31, 1983, July 22, 1983 OAC 1501:13-1-02(E), -07; 13-4-03 through -05. January 6, 1983 May 24, 1983 ORC as amended by SB 240 and 323. June 10, 1983, August 11, 1983, August 22, 1983 October 6, 1983 OAC 1501:13-1-02; 13-4-04, -05, -13, -14; 13-9-04; 13-12-03, -04. July 18, 1983 October 13, 1983 ORC 1513:01(G)(2), (U); -13(A)(1), (C)(1), (3). January 30, 1984 April 23, 1984 OAC 1501:13-4-13(K)(1). February 8, 1984 May 1, 1984 OAC 1501:13-9-15(E)(5); ORC1513-101(J), (k), (L). December 28, 1983 June 5, 1984 OAC 1501:13-14-01. March 5, 1984 August 8, 1984 OAC 1501:13-14-05. June 15, 1984 September 25, 1984 OAC 1501:13-4-04(I), (L), -13(I), (J), (L); 13-9-04(B)(5), (G)(15); and Division Advisory Memo No. 31. July 23, 1984 November 1, 1984 ORC contained in Substitute House Bill No. 164. March 9, 1984 November 7, 1984 OAC 1501:13-4-13(E)(2). September 17, 1984 December 31, 1984 OAC 1501:13-2-15. July 10 and 23, 1984 March 18, 1985 OAC 1501:13-9-06. July 11, 1984, July 23, 1984 May 23, 1985 OAC 1501:13-14-01; ORC 1513-3-01 through -22. July 3, 1985 September 18, 1985 OAC 1513-3-01 through -22. November 15, 1985 April 9, 1986, June 9, 1986 ORC 1513.02, .07, .08, .10, .16, .18, .20, .25, .27 through .33, .37, .181; 5749.02, .021. January 15, 1986 May 6, 1986 OAC 1513-3-01 through 04, 16, 17. October 26, 1985 July 17, 1986 OAC 1501:13-3-05; 13-4-04, -13; 13-9-04. November 6, 1984 July 28, 1986 OAC 1501:13-14-03. March 3, 1986 September 18, 1986 OAC 1501:13-4-05, 14; 13-9-07. July 10, 1986 October 29, 1986 OAC 1501:13-9-06. October 8, 1986 March 5, 1987 OAC 1501:13-9-07. December 1, 1986, January 13, 1987 June 19, 1987 OAC1501:13-7-03(B)(5)(g), (7)(h). May 16, 1986 July 17, 1987 OAC 1501:13-1-01, -02, -07, -10, -13; 13-3-02 through -07; 13-4-01 through -04, -06, -08, -12, -13, -14; 13-5-01; 13-6-03; 13-7-01 through -08; 13-8-0; 13-9-01, -04, -06, -08, -09, -10 (formerly 13-14-05), -11, -13, -14, -15; 13-10-01; 13-13-02 through -06, -08; 13-14-01 through -05; 1513-3-03, -08; ORC 1513.16(H)(2), (3), .18(F). January 28, 1987 August 10, 1987 OAC 1513-3-02, -03, -04, -08, -19, -21. June 26, 1987 December 9, 1987 OAC 1501:13-1-02. January 16, 1987 March 10, 1988 OAC 1501:13-7-03(B)(5)(g). October 16, 1987 May 27, 1988 OAC 1501:13-1-02(M), (PP), (YY); 13-3-03 (C), (G), -04(E); 13-4-01(B), -04(A), (K)(7), -05(K), -13(A), (K)(7), -14(J); 13-5-01(E)(16). March 24, 1988 July 14, 1988 OAC 1513:1513-3-21(E) (3), (4), (5). May 24, 1988, August 23, 1988 December 22, 1988 OAC 1501:13-1-02; 13-4-03, -04, -05; 13-4-13, -14; 13-7-03, -04, -05, -07(B); 13-9-04, -07, -09, -14, -15; 13-10-01; 13-14-02, -05. March 8, 1988, July 1, 1988 January 30, 1989 OAC 1501:13-4-02(B)(1)(b), (B)(1)(c), (C)(1), (C)(1)(a). April 17, 1987 February 21, 1989 OAC 1501:13-9-15(A)(1)(a), (F)(8), (e)(i), (f)(i), (F)(9) through (12). November 3, 1987 December 15, 1989 OAC 1501:13-9-15(F)(4)(c). January 26, 1989 January 31, 1990 OAC 1501:13-9-15(A)(1)(a), (F), (G), (H), (I)(2)(c), (4)(c), (8), (b), (f)(i), (I)(9). October 2, 1989 April 20, 1990 ORC 1513.02(J), .08(A), .18(B), (C), (F), (H), .24, .37(J). August 11, 1989 June 5, 1990 ORC 1513.05, .13(E), (F); OAC 1513-3-21. December 5, 1989 July 20, 1990 OAC 1501:13-7-01(A)(4), (5), (6)(a)(i), (ii), -05(A)(1), (2)(b), (iv), (c)(ii), (B)(2)(c), (4) through (4)(e). October 20, 1988 July 25, 1990 OAC 1501:13-3-07(B)(8); 13-4-01(B); 13-7-01(A)(6)(c)(ii), -05(A)(3), (5)(b)(i), (B)(2)(e); 13-9-07(K)(1)(b). May 11, 1990 August 21, 1990 OAC 1501:13-7-06(F). March 1, 1989 September 18, 1990 OAC 13-1-02, 03; 13-4-14; 13-5-01; 13-7-04, -05; 13-9-11; 13-14-06. January 20, 1989 September 24, 1990 ORC 1513.07, .16; OAC 1501:13-4-15(A) through (I). May 11, 1990 February 21, 1991 OAC 1501:13-9-15(I)(2)(c)(ii). December 7, 1990 February 26, 1991 OAC 1501:13-10-01(G)(1). June 15, 1990 April 19, 1991 OAC 1501:13-4-03(A), (B), (C); 13-5-01(A)(4)(a), (D), and letter of interpretation dated April 1, 1991 (Administrative Record Number OH-1498), (E)(8), (F), (G)(5), (H)(5), -02; 13-14-02(A)(8), (C)(7), (D)(1)(c), (I); ORC 1513.07(E)(6). January 31, 1991 May 21, 1991, June 6, 1991 OAC 1501:03-9-13. March 1, 1991 May 30, 1991 OAC 1501:13-9-11(D)(3). January 31, 1989 October 21, 1991 ORC 1513.07(B)(4); OAC 1501:13-6-03(C)(1)(b), (I)(1)(d), (I)(1)(e). August 23, 1991 December 9, 1991 OAC 1501:13-14-02(A)(2). November 16, 1987, October 12, 1990 April 13, 1992 ORC 1513.01(G)(1)(a); 1513.07(E)(5), (6); OAC 1501:13-1-02(S)(1)(a); 13-4-16; 13-5-03; 13-14-01; OAC 1513.16(F)(3)(b). January 16, 1990 July 27, 1992 OAC 1501:13-1-02(E)(1)(d), (YYYY); 13-4-05(H)(2)(c), (M)(1)(d), (e), (2), -14(H)(2)(c), (L)(1)(d), (e), (2); 13-9-04(G)(3)(b)(i), (ii), (iii), (H)(1)(c), (h)(i), (ii), (iii), (2)(h), (3)(b); 13-9-09(C)(2)(b), (5), 15(F) through (I)(2)(c)(i), (ii), (3)(c); 13-10-01(B)(1), (D)(1), (F) (5), (6), (G)(1), (G)(3), (G)(4); 13-11-02(A); ORC 1513.01(G)(2). July 22, 1991, September 10, 1991 August 18, 1992 OAC 1501:13-9-04(H)(1)(i), (2)(d), (e), (g), (h), -07(H). May 12, 1992 September 11, 1992 OAC 1501:13-1-01(D)(1), (2). December 11, 1991 October 28, 1992 OAC 1501:13-7-06(A), (1), (4), (B), (1), (2)(b), (C), (1), (2), (a), (b), (c), (C)(3), (4), (E)(1), (E)(4). June 30, 1992 January 12, 1993 OAC 1501:13-13-06(A). May 12, 1992, June 22, 1992 January 14, 1993 OAC 1501:13-5-01(A)(4)(a), 13-9-15(J)(1). December 9, 1992 April 23, 1993 OAC 1501:13-1-01(B). February 7, 1992, March 2, 1992 June 11, 1993 ORC 1513.02(F)(3). April 5, 1993 June 22, 1993 OAC 1501:13-1-02 (HHHH), 13-4-15(B)(5), (I)(2)(a), (3)(d). February 11, 1993 August 16, 1993 OAC 1501:13-9-15. January 15, 1993 September 3, 1993 OAC 1501:13-4-02(C)(2) through (K). May 1, 1992, June 11, 1993 May 2, 1994 OAC 1501:13-4-06(E)(2)(g), 13-9-15, 17(B); Ohio Department of Natural Resources Guidelines for Evaluating Revegetation Success; Division of Reclamation Policy/Procedure Directive, Regulatory 94-2. May 17, 1994 July 27, 1994 OAC 1501:13-9-17. March 15, 1993 September 1, 1994 Program Amendment Number 63. February 23, 1994 October 12, 1994 OAC 1501:13-1-05, -10(B)(2). March 4, 1993 November 15, 1994 OAC 1501:13-4-05(E)(1)(g), (H)(1)(b)(iv), (c)(iv), -14(E)(1)(f), (H)(1)(b)(iv), (c)(iv); 13-9-04(B)(1)(a), (b), (G)(2)(e); Ohio's Policy/Procedure Directive, Inspection and Enforcement 93-4. July 19, 1994 May 11, 1995 Combined Program Amendments 25R and 56R: Ohio Guidelines for Evaluating Revegetation Success. May 17, 1994 May 12, 1995 Program Amendment 68R: Contemporaneous Reclamation. September 22, 1994 July 17, 1995 OAC 1501:13-1-03(D)(2), (I)(1), (J)(1), (L)(1), (2), (3) (Financial interest statements); 13-7-05(A)(2)(b)(ii), (c)(ii), (B)(2)(c). March 28, 1995 July 25, 1995 OAC 1501:13-14-01. February 2, 1995 November 9, 1995 Program Amendment 63R: Ohio regulatory and Abandoned Mine Land reclamation programs. July 3, 1995 February 28, 1996 OAC 1501:13-4-15(d)(2); Policy Directives 92-3, 93-4. May 23, 1996 September 4, 1996 OAC 1501:13-4-12(G)(3)(d), (4)(f), (i); 13-09-08(A)(1), (B); 13-13-01. May 17, 1996 October 29, 1996 OAC 1501:13-14-01(A)(2)(b), (c). August 26, 1996 February 28, 1997 OAC 1501:13-1-02(OOO), (JJJJJJ); 13-4-08(A)(15), -10(A)(6), -12(L), -15(B); 13-5-01(D)(7), (D), (E)(19), (A), (B), (C); 13-9-15(F)(2), (A), (3), (a), (4)(d), (G)(3)(a), (H)(2), (I)(6), (J)(1)(b), (L), (2), (M)(4), (O), (1) through (6). October 3, 1996 October 14, 1997 OAC 1501:13-6-03, (A)(1) (a) through (f), (B), (1), (2), (F)(2), (a) through (f), (C)(2), (a), (b), (D)(9), (10), (11). June 24, 1997 February 24, 1998 ORC 1513.13(E). February 11, 1993 September 29, 1998 OAC 1501:13-9-15(F)(4)(c), (F)(5), and (F)(6). December 30, 1997 December 4, 1998 OAC 1501:13-4-05, 1501:13-4-12, 1501:13-4-14, 1501: 13-7-05, 1501:13-9-04. January 21, 1999 April 13, 1999 OAC 1513-3-21. March 16, 1999 November 22, 1999 OAC 1501:13-1-04. June 11, 2003 October 3, 2003 OAC 1501:13-9-10 (A)(1), (3), (B), (B)(7), (9), (14), (14)(e), (C)(1), (2), (3), (4), (5), (D)(1), (2)(b), (E)(1), (2), (5), (F)(1), (1)(b), (1)(f), (3), (4), (4)(a), (4)(b), and (4)(c). November 7, 2003 September 27, 2004 OAC 1501:13-1-02(A), (D), (N), (O), (R), (MMMM), (OOOO); 1501:13-4- 15(C)(2)(a),(b),(c); (C)(3)(b); (E)(3); (F)(1), (H)(3)(c). August 30, 2006 May 9, 2007 OAC 1501:13-1-03(D)(2), (I)(1), (J)(1), (L)(1), (L)(2), and the deletion of (L)(3). January 22, 2009 November 29, 2010 OAC 1513-3-01; 3-02(B); 3-02(D)(4); 3-02(H)-(I)(1); 3-03(C); 3-04(B)(7); 3-04(H); 3-08(F); 3-09(B)-(C); 3-10(C); 3-11(A)(4); 3-11(C); 3-11(E)-(G); 3-12(A)-(C); 3-13(C)(2)-(3); 3-14(A)(2)-(4); 3-16(E)(2); 3-16(F)(2); 3-16(G); 3-16(I); 3-18(F); 3-19(A); 3-19(F); 3-19(I). March 30, 2012 October 19, 2015 OAC §§ 1501:13-1-02; -14-02; -14-06; -4-03; -4-06; -5-02; -1-14. Changes to Definitions, Ownership and Control, Permit and Application Information and Transfer, assignment or Sale of Permit Rights, and Improvidently Issued Permit procedures. November 6, 2013 August 29, 2018 OAC 1513-3-01 through 1513-3-22, except for a portion of OAC 1513-3-07(A) and the deletion of OAC 1513-3-07(D)(4). June 13, 2018 September 20, 2023 OAC 1513-3-01 Definitions. Addition of definitions of “Amicus curiae”, “Ex parte communication”, “In camera”, “Pro hac vice”, “Subpoena ad testificandum”, “Subpoena duces tecum”. OAC 1513-3-06(A)(4) Computation and Extension of Time. January 8, 2021 November 17, 2025 [62 FR 9950, Mar. 5, 1997, as amended at 62 FR 53234, Oct. 14, 1997; 63 FR 9139, Feb. 24, 1998; 63 FR 51833, Sept. 29, 1998; 63 FR 66989, Dec. 4, 1998; 64 FR 17981, Apr. 13, 1999; 64 FR 63690, Nov. 22, 1999; 68 FR 57356, Oct. 3, 2003; 69 FR 57647, Sept. 27, 2004; 72 FR 26295, May 9, 2007; 75 FR 72951, Nov. 29, 2010; 80 FR 63125, Oct. 19, 2015; 83 FR 43983, Aug. 29, 2018; 88 FR 64809, Sept. 20, 2023; 90 FR 51115, Nov. 17, 2025] § 935.16 Required regulatory program amendments. (a) By December 18, 2015, Ohio shall amend its program, or provide a written description of an amendment together with a timetable for enactment which is consistent with established administrative or legislative procedures in the State, to require permit applications to list all unabated “violation notices”, as that term is defined in the Ohio approved program. (b) [Reserved] [80 FR 63125, Oct. 19, 2015] § 935.20 Approval of Ohio abandoned mine land reclamation plan. The Ohio Abandoned Mine Land Reclamation Plan, as submitted on October 20, 1980, and as revised on November 21, 1980, November 2, 1981, and January 22, 1982, is approved effective August 10, 1982. Copies of the approved plan are available at the following locations: (a) Ohio Department of Natural Resources, Division of Reclamation, Building H-2, 1855 Fountain Square Court, Columbus, Ohio 43224. (b) Office of Surface Mining Reclamation and Enforcement, Eastland Professional Plaza, 4480 Refugee Road, suite 201, Columbus, Ohio 43232. [59 FR 17930, Apr. 15, 1994] § 935.25 Approval of Ohio abandoned mine land reclamation plan amendments. The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the Federal Register Federal Register. Original amendment submission date Date of final publication Citation/description January 6, 1983 May 24, 1983 ORC 1513.37(D)(2), (4), (5), (J). August 20, 1986 August 17, 1987 Ohio AMLR Plan 3.7.4, 3.9.1; RAMP Committee role; AMLR program staff organization. October 2, 1989 April 20, 1990 ORC 1513.02(J), .08(A), .18(B), (C), (F), (H), .24, .37(J). February 19, 1992 September 24, 1992 AML emergency program; ORC 1513.37(C)(1), (L)(1), (2); OAC 1501:13-6-03(C)(1)(b), (I)(1)(d), (e). March 19, 1996 March 26, 1997 Revisions to the Ohio Abandoned Mine Land Reclamation Plan to provide for the reclamation of areas causing acid mine drainage AMD and to revise the project selection process. March 17, 2017 September 30, 2024 Repeal and replace Certified AML Plan to be consistent with changes to Federal program and update to reflect current agency conditions/practices, structure and organization. [62 FR 9951, Mar. 5, 1997, as amended at 62 FR 14310, Mar. 26, 1997; 62 FR 32687, June 17, 1997; 89 FR 79441, Sept. 30, 2024] § 935.30 State-Federal Cooperative Agreement. The Governor of the State of Ohio, acting through the Department of Natural Resources, Division of Reclamation (Division), and the Secretary of the Department of the Interior, acting through the Office of Surface Mining Reclamation and Enforcement (OSMRE), enter into a Cooperative Agreement (Agreement) to read as follows: Article I: Introduction, Purpose, and Responsible Administrative Agency A. Authority: This Agreement is authorized by section 523(c) of the Surface Mining Control and Reclamation Act (Act), 30 U.S.C. 1273(c), which allows a State with a permanent regulatory program approved by the Secretary under 30 U.S.C. 1253, to elect to enter into an Agreement with the Secretary of the Department of the Interior for State regulation of surface coal mining and reclamation operations on Federal lands. This Agreement provides for State regulation of surface coal mining and reclamation operations and of coal exploration operations not subject to 43 CFR part 3480, subparts 3480 through 3487, on Federal lands in Ohio which are under the jurisdiction of the United States Department of Agriculture, Forest Service, except those lands containing leased Federal coal, consistent with State and Federal laws governing such activities in Ohio, the Federal lands program (30 CFR parts 740-745) and the Ohio State program (approved State program). B. Purpose: C. Responsible Administrative Agencies: Article II: Effective Date After it has been signed by the Secretary and the Governor, this Agreement shall be effective upon publication in the Federal Register Article III: Definitions Any terms and phrases used in this Agreement which are defined in the Act, 30 CFR parts 700, 701, and 740, or the approved State program shall be given the meanings set forth in said definitions. Where there is a conflict between the above referenced State and Federal definitions, the definitions used in the approved State program will apply, except in the case of a term or phrase which defines the Secretary's non-delegable responsibilities under the Act and other laws. Article IV: Applicability In accordance with the Federal lands program in 30 CFR parts 740-745, the laws, regulations, terms and conditions of the approved State program (conditionally approved on August 10, 1982, 30 CFR part 935, or as hereinafter amended in accordance with 30 CFR 732.17) are applicable to surface coal mining and reclamation operations on Federal lands in Ohio except as otherwise stated in this Agreement, the Act, 30 CFR 745.13, or other applicable laws or regulations. This Agreement does not apply to surface coal mining and reclamation operations on lands containing leased Federal coal. This Agreement applies only to lands under the jurisdiction of the Forest Service. Article V: General Requirements The Governor and the Secretary affirm that they will comply with all the provisions of this Agreement and will continue to meet all the conditions and requirements specified in this Article. A. Authority of State Agency: B. Funds: C. Reports and Records: D. Personnel: E. Equipment and Laboratories: Article VI: Review of Permit Application Package The Division shall assume the primary responsibility for the review of permit application packages for surface coal mining and reclamation and coal exploration operations on Forest Service lands covered by this Agreement. The Division shall coordinate the review of permit application packages with the Forest Service and other Federal agencies which may be affected by the proposed surface coal mining and reclamation operation to ensure compliance with Federal laws other than the Act and regulations other than the approved State program. When requested by the State, OSMRE shall assist the State in identifying Federal agencies other than the Forest Service which may be affected by the mining proposal. A. Submission of Permit Application Package: B. Coordination With Affected Agencies: C. Contact With the Applicant: D. File and Records: E. Permit Application Decision and Permit Issuance: Article VII: Inspections The Division shall conduct inspections on Forest Service lands covered by this Agreement and prepare and file inspection reports in accordance with the approved State program. A. Inspection Reports: B. Division Authority: C. OSM Authority: D. Witness Availability: Article VIII: Enforcement A. Division Enforcement: B. Notification: C. Secretary's Authority: Article IX: Bonds A. Performance Bond: B. Forfeiture: Article X: Termination of Cooperative Agreement This Agreement may be terminated by the Governor or the Secretary under the provisions of 30 CFR 745.15. Article XI: Reinstatement of Cooperative Agreement If this Agreement has been terminated in whole or in part it may be reinstated under the provisions of 30 CFR 745.16. Article XII: Amendment of Cooperative Agreement This Agreement may be amended by mutual agreement of the Governor and the Secretary in accordance with 30 CFR 745.14. Article XIII: Changes in State or Federal Standards A. Effect of Changes: B. Copies of Changes: Article XIV: Changes in Personnel and Organization The Division and the Secretary shall, consistent with 30 CFR part 745, advise each other of substantial changes in statutes, regulations, funding, staff, or other changes which could affect the administration and enforcement of this Agreement. Article XV: Reservation of Rights In accordance with 30 CFR 745.13, this Agreement shall not be construed as waiving or preventing the assertion of any rights that have not been expressly addressed in this Agreement that the State or the Secretary may have under other laws or regulations, including but not limited to those listed in appendix A. Approved: Richard F. Celeste, Governor of Ohio. Date: April 19, 1989. Manuel Lujan, Secretary of the Interior. Date: December 11, 1989. Appendix A 1. The Federal Land Policy and Management Act, 43 U.S.C. 1701 et seq., 2. The Mineral Leasing Act of 1920, 30 U.S.C. 181 et seq., 3. The National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq., 4. The Endangered Species Act, as amended, 16 U.S.C. 1531 et seq., 5. The Fish and Wildlife Coordination Act, as amended, 16 U.S.C. 661 et seq., 6. The National Historic Preservation Act of 1966, 16 U.S.C. 470 et seq., 7. The Clean Air Act, 42 U.S.C. 7401 et seq., 8. The Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq., 9. The Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901 et seq., 10. The Reservoir Salvage Act of 1960, as amended by the Preservation of Historical and Archaeological Data Act of 1974, 16 U.S.C. 469 et seq. 11. Executive Order 11593 (May 13, 1971), Cultural Resource Inventories on Federal Lands. 12. Executive Order 11988 (May 24, 1977), for flood plain protection. 13. Executive Order 11990 (May 24, 1977), for wetlands protection. 14. The Mineral Leasing Act for Acquired Lands, 30 U.S.C. 351 et seq., 15. The Stock Raising Homestead Act of 1916, 43 U.S.C. 291 et seq. 16. The Archaeological Resources Protection Act of 1979, 16 U.S.C. 470aa, et seq. 17. The Constitution of the United States. 18. The Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1201 et seq., 19. 30 CFR chapter VII. 20. The Constitution of the State of Ohio. 21. Ohio Revised Code, Chapter 1531. 22. Ohio Administrative Code, Chapter 1501. [49 FR 14739, Apr. 13, 1984, as amended at 54 FR 51743, Dec. 18, 1989]