[Federal Register Volume 59, Number 235 (Thursday, December 8, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-30177] [[Page Unknown]] [Federal Register: December 8, 1994] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR [ES-930-05-1310-01-241A] Amendment to the List of Affected States Under Federal Coalbed Methane Recovery Regulations AGENCY: Bureau of Land Management, DOI. ACTION: Removal of West Virginia from the List of Affected States. ----------------------------------------------------------------------- SUMMARY: The Energy Policy Act of 1992 (the Act) (P.L. 102-486) requires that the Secretary of the Interior (Secretary) administer a Federal program to regulate coalbed methane development has been impeded by disputes or uncertainty over ownership of coalbed methane gas. As required by the Act, the U.S. Department of the Interior, with the participation of the U.S. Department of Energy, developed a List of Affected States to which this program would apply (58 FR 21589, April 22, 1993). The list of Affected States is currently comprised of the States of Illinois, Indiana, Kentucky, Ohio, Pennsylvania, Tennessee, and West Virginia. The Governor of West Virginia, Honorable Gaston Caperton, has petitioned the Secretary of the U.S. Department of the Interior for removal from the list of Affected States. The Governor's petition states that West Virginia recently enacted a comprehensive program to regulate recovery and marketing of coalbed methane, and that a Federal coalbed methane program should not be implemented in the state. Section 1339 of the Act provides three mechanisms by which a state may be removed from the List of Affected States: 1. A state may pass a law or resolution requesting removal; 2. The governor of a state may petition for removal, but only after giving the legislature six months' notice, during a legislative session, of his intention to submit the petition; or 3. The state legislature implements a law or regulation permitting and encouraging the development of coalbed methane. On March 4, 1994, the West Virginia legislature enacted H.B. 4371, creating new state law to regulate coalbed methane. The statute provides that it is the state's policy to ``Seek the deletion of the State of West Virginia from the List of Affected States by the Secretary of the U.S. Department of the Interior as provided in the Energy Policy Act of 1992.'' In light of the new statute, West Virginia now has a ``statutory * * * procedure * * * permitting and encouraging development of coalbed methane gas,'' in accordance with Public Law 102-486 Section 1339 (b)(3). The U.S. Department of the Interior, in conjunction with the U.S. Department of energy, has reviewed the West Virginia coalbed methane recovery program codified as West Virginia Code Section 22-21-1, et seq. Since West Virginia's legislature has passed a state law requesting deletion under Section 1339 (b)(3) of the Act, and since it has been determined that the state law permits and encourages the development of coalbed methane, West Virginia is hereby removed from the List of Affected States. FOR FURTHER INFORMATION CONTACT: Mr. David R. Stewart, chief, Branch of Resources Planning and Protection, Bureau of Land Management, Eastern States, 7450 Boston Boulevard, Springfield, Virginia 22153, or telephone (703) 440-1727; or Mr. Charles W. Byrer, U.S. Department of Energy, 3610 Collins Ferry Road, Morgantown, West Virginia 26507, or telephone (304) 291-4547. Dated: November 23, 1994. Carson W. Culp, Jr., State Director, Eastern States. [FR Doc. 94-30177 Filed 12-7-94; 8:45 am] BILLING CODE 4310-GJ-M