[Federal Register Volume 65, Number 90 (Tuesday, May 9, 2000)]
[Notices]
[Pages 26851-26853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11558]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement


Proposed Kykotsmovi Sewer Lagoon--Public Facility Project

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 
Interior.

ACTION: Notice of application for grant funding; public comment period 
for the Hopi Tribe's request to fund the Village of Kykotsmovi Sewer 
Lagoon--Public Facility Project.

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SUMMARY: OSM is announcing its receipt of a grant application from the 
Hopi Abandoned Mine Land (AML) Program, in Kykotsmovi, Arizona. The 
Hopi Tribe is requesting $200,000 from the Abandoned Mine Reclamation 
Fund to pay the cost of upgrades to the existing wastewater 
infrastructure within the Village of Kykotsmovi on the Hopi Indian 
Reservation. In its application, the Hopi Tribe proposes paying for a 
percentage of the total construction cost as a public facility project 
(PFP) to offset various socioeconomic impacts to the community that is 
impacted by the mining of Hopi coal. The Chairman of the Hopi Tribe has 
determined that this project is necessary to prevent an imminent threat 
to human health and safety.
    This notice describes when and where you may read the Grant 
Application that requests funding for the Village of Kykotsmovi--Sewer 
Lagoon Public Facilities Project. It also sets the time period during 
which you may send written comments on the request to OSM.

DATES: We will accept written comments until 4 p.m., d.s.t., June 8, 
2000.

ADDRESSES: You should mail or hand-deliver your written comments to 
Willis L. Gainer, Albuquerque Field Office Director, at the address 
shown below.
    You may preferably read the Hopi Tribes Grant Application for this 
proposed project during normal business hours Monday through Friday 
(excluding holidays) at the same address. However, OSM will send one 
free copy of the grant application to you if you contact OSM's 
Albuquerque Field Office.
    Willis L. Gainer, Director, Albuquerque Field Office, Office of 
Surface Mining Reclamation and Enforcement, 505 Marquette Avenue NW., 
Suite 1200, Albuquerque, New Mexico 82601-1918.

FOR FURTHER INFORMATION CONTACT: Willis L. Gainer, Telephone: (505) 
248-5070.

SUPPLEMENTARY INFORMATION:   

I. Background on Title IV of SMCRA

    Title IV of the Surface Mining Control and Reclamation Act (SMCRA) 
established an Abandoned Mine Land Reclamation (AMLR) Program. The 
purpose of the AMLR Program is to reclaim and restore lands and waters 
that were adversely affected by past mining. The AMLR Program is funded 
by a reclamation fee paid by active coal mining operations. Lands and 
waters eligible for reclamation under Title IV are primarily those that 
were mined, or affected by mining, and abandoned or inadequately 
reclaimed before August 3, 1977, and for which there is no continuing 
reclamation responsibility under State, Federal, or other laws.
    Title IV of SMCRA allows States or Indian Tribes to submit AMLR 
plans to OSM. On behalf of the Secretary, OSM reviews those plans and 
considers any public comments received. If OSM determines that a State 
or Indian Tribe has the ability and necessary legislation to operate an 
AMLR program, the Secretary can approve it. The Secretary's approval 
gives a State or Tribe exclusive authority to put its AMLR plan into 
effect.
    Once the Secretary approves a State's AMLR plan, the State or Tribe 
may apply to OSM for money to fund specific projects that will achieve 
the goals of its approved plan. OSM follows the requirements of the 
Federal regulations at 30 CFR parts 874, 875, and 886 when we review 
and approve such applications.

II. Background on the Hopi AML Plan

    The Secretary of the Interior approved the Hopi Tribe's AML plan on 
June 28, 1988. General background information on the Hopi Tribe AML 
Plan, including the Secretary's findings and disposition of comments, 
can be found in the June 28, 1988, Federal Register (53 FR 25262). 
Subsequent actions concerning the Hopi Tribe's AML Plan can be found at 
30 CFR 756.16, 756.17, and 756.18. Effective June 9, 1994, (59 FR 
29721) the Director approved the Hopi Tribe's certification that it had 
addressed all known coal-related impacts on the Hopi Reservation that 
were eligible for funding.
    As a result, the Hopi Tribe may submit annual grant requests for 
AML funds to address eligible lands, waters, and facilities impacted by 
noncoal mining and construction of new facilities in accordance with 
the provisions of Section 411 of SMCRA.

[[Page 26852]]

The effect of the Director's concurrence is to authorize the Hopi Tribe 
to use its AML funds for noncoal reclamation and construction of Public 
Facilities or Community Impact Projects in areas of the Hopi 
Reservation impacted by coal development, mining, or processing as 
provided in section 411 of SMCRA.
    On March 31, 1997, OSM approved an amendment (62 FR 15112) to the 
Hopi AML Plan to add language at Section II, A(1) to provide for 
reclamation of any newly discovered coal hazards after certification. 
In the same Federal Register notice, OSM approved revisions to Section 
I, A of the Hopi AML Plan which state that the purpose of the Hopi AML 
plan is to: ``Protect the health, safety, and general welfare of 
members of the Hopi Tribe and members of the general public from the 
harmful effects of past coal mining practices and past mineral mining 
and processing practices.'' In addition, OSM approved revised language 
that provides for other purposes as well such as to: (1) Address 
adverse effects of mining and processing practices on public 
facilities; (2) provide for public facilities in communities impacted 
by coal or other mineral mining and processing practices; and (3) 
address needs for activities or public facilities related to the coal 
or minerals industry on Hopi lands impacted by coal or minerals 
development.
    Section II, B--Noncoal Reclamation After Certification, of the Hopi 
AML Plan states at paragraph (f): ``Notwithstanding the requirements in 
paragraph (c) of this section, where the Chairman of the Hopi Tribe 
determines there is a need for activities or construction of specific 
public facilities related to the coal or mineral industry on Tribal 
lands impacted by coal or minerals development, and the Director of OSM 
concurs in such a need, the Tribe may submit to OSM a grant application 
requesting funds to carry out such activities or construction.''
    Paragraph (g) of this Section II, B states that the Hopi Tribe must 
specifically demonstrate: (1) The need or urgency for the activity or 
the construction of the public facility; (2) the expected impact the 
project will have on the coal or minerals industry on Hopi Indian 
lands; (3) the availability of funding from other sources and its 
percentage of the total costs; (4) Documentation from other State, 
Tribal, and Federal agencies with oversight for such utilities or 
facilities regarding what funding resources they have available and why 
this specific project is not being fully funded by their agency; (5) 
the impact on the Tribe, the public, and the minerals industry if the 
activity or facility is not funded; (6) The reason why this project 
should be selected before a priority project relating to the protection 
of the public health and safety or the environment from damages caused 
by past mining activities; and, (7) an analysis and review of the 
procedures used by the Tribe to notify and involve the public in this 
funding request and a copy of all comments received and their 
resolution by the Tribe.
    In other words, once a State or Indian Tribe certifies that it has 
addressed all remaining abandoned coal mine problems and the Secretary 
concurs, then it may request funds to undertake abandoned noncoal mine 
reclamation, community impact assistance, and public facilities 
projects under sections 411(b), (e), and (f), of SMCRA.
    Tribal law or regulations that apply to the proposed Kykotsmovi 
Sewage Lagoon Public Facilities Project funding request include the 
approved Hopi AML Plan and Hopi Water Code.

III. The Hopi Tribe's Request for Funding 15% of the Cost of the 
Kykotsmovi Sewer Lagoon Public Facilities Project

    In accordance with Section II (B)(f) of the Hopi AML Plan, the Hopi 
Tribe AML Program submitted to OSM a grant application dated February 
2, 2000. In the application, the Hopi Tribe asked for $200,000 to pay 
for approximately 15 percent of the of the total cost of $1,222,059 for 
this jointly funded proposal to upgrade the Kykotsmovi Sewer Lagoon 
Facility. Other potential funding agencies include the Indian Health 
Service, Village of Kykotsmovi, Hopi Tribe, Bureau of Reclamation, the 
Hopi Tribal Housing Authority (HUD) and other sources.
    The proposed project will expand the existing sewer system by 
installing new sewer lines and appurtenances to homes not presently 
serviced by the community sewer and construct a wastewater treatment 
and disposal facility to enlarge the system's treatment capability; and 
divert two-thirds of the waste water flow to the West lagoon in order 
to relieve overload conditions and abandonment of the East lagoon. The 
wastewater Treatment system will be modeled after components of the 
Advanced Integrated Wastewater Pond System (AIWPS).
    The Tribal Chairman certified the need and urgency to fund this 
project. There is no remaining inventory of noncoal reclamation work 
remaining to be done on the Hopi Reservation, so the Hopi Tribe uses 
its AML fund solely for the purpose of Public Facilities Projects or 
Community Impact Projects. This proposed project appears to satisfy the 
priorities established by the Hopi Tribe, consistent with Section 
411(f) of SMCRA.
    This project is designed to mitigate potential impacts to human 
health and safety as expressed in the December 30, 1999, Executive 
Order issued by the Hopi Tribal Chairman. The Order declares a state of 
emergency to prevent an imminent threat to human health and safety 
associated with the strong potential for breeching of sewer lagoon 
causing raw sewage to discharge into Oraibi Wash. In addition, on April 
14, 1998, the Village of Kykotsmovi Board of Directors passed a formal 
resolution supporting a project to upgrade the existing wastewater 
system, public meetings were held and comments from the community were 
addressed.
    The Indian Health Service, as the primary agency responsible for 
sanitation projects, has taken the lead role in facilitating this 
project and together with the Village of Kykotsmovi and the Hopi AML 
Program have sought out other funding sources. The expected benefit of 
the project will be the avoidance of potential groundwater 
contamination and incidence of infectious diseases. In addition, the 
project will provide for reuse of water for pubic recreation.

IV. How OSM Will Review the Hopi Tribe's Grant Application?

    OSM will review this grant application with respect to the 
regulations at 30 CFR 875.15; specifically Secs. 875.15(e) (1) through 
(7). As stated in those regulations, the application must include the 
following information: (1) The need or urgency for the activity or the 
construction of the public facility; (2) the expected impact the 
project will have on the Hopis' coal or minerals industry; (3) the 
availability of funding from other sources and, if other funding is 
provided, its percentage of the total cost involved; (4) documentation 
from the local, Tribal, State, and Federal agencies with oversight for 
such utilities or facilities describing what funding they have 
available and why their agency is not fully funding this specific 
project; (5) the impact on the Hopi Tribe, the public, and the minerals 
industry if the facility is not funded; (6) the reason why this project 
should be selected before the priority project relating to the 
protection of the public health and safety or the environment from the 
damage caused by past mining activities; and, (7) an analysis and 
review of the procedures the Hopi Tribe used to notify and involve the 
public in this request, and a copy of all comments

[[Page 26853]]

received and their resolution by the Hopi Tribe. The Hopi Tribe's 
application for the Kykotsmovi Sewer Lagoon Public Facilities Project 
contains the prescribed information for these seven items.
    Section 875.15(f) requires OSM to evaluate all comments we receive 
and to determine whether the funding meets the requirements of 
Secs. 875.15(e) (1) through (7) as described above. It also requires us 
to determine if the request is in the best interests of the Hopi 
Tribe's AML program. OSM will approve The Hopi Tribe's request to fund 
this project if we conclude that it meets all the requirements of 30 
CFR 875.15.

V. What To Do if You Want To Comment on the Proposed Project?

    OSM is asking for public comments on the Hopi Tribe's request for 
funds to pay for $200,000 (15%) of the total cost of the PFP. You are 
welcome to comment on the project. If you do, please send us written 
comments. Make sure your comments are specific and pertain to the Hopi 
Tribe's funding request in the context of the regulations at 30 CFR 
875.15 and the provisions of section 411 of SMCRA. You should explain 
any recommendations you make. If we receive your comments after the 
time shown under DATES or at locations other than the Albuquerque Field 
Office (see ADDRESSES), we will not necessarily consider them in our 
final decision or include them in the administrative record.
    Our practice is to make comments, including names and home 
addresses of respondents, available for public review during regular 
business hours. Individual respondents may request that we withhold 
their home address from the rulemaking (or administrative) record, 
which we will honor to the extent allowable by law. There also may be 
circumstances in which we would withhold from the rulemaking (or 
administrative) record a respondent's identity, as allowable by law. If 
you wish us to withhold your name and/or address, you must state this 
prominently at the beginning of your comment. However, we will not 
consider anonymous comments. We will make all submissions from 
organizations or businesses, and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses, available for public inspection in their entirety.

    Dated: April 19, 2000.
Willis L. Gainer,
Director, Albuquerque Field Office.
[FR Doc. 00-11558 Filed 5-8-00; 8:45 am]
BILLING CODE 4310-05-P