[Federal Register Volume 62, Number 72 (Tuesday, April 15, 1997)]
[Rules and Regulations]
[Pages 18269-18272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9703]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 756

[NA-003-FOR]


Navajo Nation Abandoned Mine Land Reclamation Plan

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

ACTION: Final rule; approval of amendment.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is approving a proposed amendment to the Navajo Nation abandoned mine 
land reclamation (AMLR) plan (hereinafter, the ``Navajo Nation plan'') 
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). 
The Navajo Nation proposed revisions to, additions of, or deletions of 
rules

[[Page 18270]]

pertaining to project selection, limited liability, contractor 
responsibility, reports, certification of completion of coal sites, and 
utilities and other facilities. The amendment revised the Navajo Nation 
plan to meet the requirements of the corresponding Federal regulations, 
to incorporate the additional flexibility afforded by the revised 
Federal regulations, and to improve operational efficiency.

EFFECTIVE DATE: April 15, 1997.

FOR FURTHER INFORMATION CONTACT:
Guy Padgett, Telephone: (505) 248-5070, Internet address: 
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="4c0b1c0d080b0918180c0f1b150b1b62031f011e09620b031a62">[email protected]</a>

SUPPLEMENTARY INFORMATION:

I. Background on the Navajo Nation Plan

    On May 16, 1988, the Secretary of the Interior approved the Navajo 
Nation plan. General background information on the Navajo Nation plan, 
including the Secretary's findings and the disposition of comments, can 
be found in the May 16, 1988, Federal Register (53 FR 17186). 
Subsequent actions concerning the Navajo Nation's plan and plan 
amendments can be found at 30 CFR 756.14.

II. Proposed Amendment

    By letter dated September 3, 1996, the Navajo Nation submitted a 
proposed amendment to its plan (administrative record No. NA-245) 
pursuant to SMCRA (30 U.S.C. 1201 et seq.). The Navajo Nation submitted 
the proposed amendment at its own initiative and in response to a 
September 26, 1994, letter (administrative record No. NA-228) that OSM 
sent to the Navajo Nation in accordance with 30 CFR 884.15(b). The 
provisions of the Rules of the Navajo Reclamation Plan that the Navajo 
Nation proposed to revise, add, or delete were: policies and procedures 
for the Navajo Reclamation Program, section II, E, 1, project 
selection; general reclamation requirements for coal reclamation, 
sections II, L, 1(e), (g), (h), (i), and (j), eligible coal lands and 
water, limited liability, contractor responsibility, and reports; 
general reclamation requirements for noncoal reclamation, sections II, 
L, 2(b)(3) and (4), (c), (d), and (e), eligible noncoal lands and 
water, limited liability, contractor responsibility, and reports; 
sections II, M, 1(b), (d), 2, and 2(a) and (b), certification of 
completion of coal sites; sections II, N, 1 and 1(c), eligible lands 
and water subsequent to certification; sections II, P, 1, 1(a) through 
(c), 2, 2(a) through (f), and 3, utilities and other facilities; and 
administrative and management structure, sections III, E, 1 and 1(a), 
future reclamation set-aside program.
    OSM announced receipt of the proposed amendment in the September 
30, 1996, Federal Register (61 FR 51070), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on its adequacy (administrative record No. NA-249). 
Because no one requested a public hearing or meeting, none was held. 
The public comment period ended on October 30, 1996.

III. Director's Findings

    As discussed below, the Director, in accordance with SMCRA and 30 
CFR 884.14 and 884.15, finds that the proposed plan amendment submitted 
by the Navajo Nation on September 3, 1996, meets the requirements of 
the corresponding Federal regulations. Thus, the Director approves the 
proposed amendment.

1. Nonsubstantive Revisions to the Navajo Nation's Rules

    The Navajo Nation proposed revisions to the following previously-
approved rules that are nonsubstantive in nature and consist of minor 
editorial, punctuation, grammatical, and recodification changes 
(corresponding Federal regulation provisions are listed in 
parentheses):

    Section II, L, 1(e) and (g), (30 CFR 874.12(e) and (g)), 
eligible coal lands and water;
    Section II, L, 2(b)(3) and (4), (30 CFR 875.12(c) and (d)), 
eligible noncoal lands and water prior to certification;
    Section II, M, 1(b) and 2, (30 CFR 875.13(a)(2) and (c)), 
certification of completion of coal sites;
    Section II, N, 1 and 1(c), (30 CFR 875.14(a) and (b)), eligible 
lands and water subsequent to certification; and
    Section III, E, 1 and 1(a), (30 CFR 873.1, 873.11, and 
873.12(a)), future reclamation set-aside program.

    Because the proposed revisions to these previously-approved rules 
are nonsubstantive in nature, the Director finds that they meet the 
requirements of the Federal regulations. The Director approves the 
proposed revisions to these rules.

2. Substantive Revisions to the Navajo Nation's Rules That Are 
Substantively Identical to the Corresponding Provisions of the Federal 
Regulations

    The Navajo Nation proposed the addition of the following rules that 
are substantive in nature and contain language that is substantively 
identical to the requirements of the corresponding Federal regulations 
(listed in parentheses):

    Section II, L, 1(h), (30 CFR 874.15), limited liability;
    Section II, L, 1(i), (30 CFR 874.16), contractor responsibility;
    Section II, L, 1(j), (30 CFR 886.23), reports;
    Section II, L, 2(c), (30 CFR 875.19), limited liability;
    Section II, L, 2(d), (30 CFR 875.20), contractor responsibility; 
and
    Section II, L, 2(e), (30 CFR 886.23), reports.

    Because these proposed added Navajo Nation rules are substantively 
identical to the corresponding provisions of the Federal regulations, 
the Director finds that they meet the requirements of the Federal 
regulations. The Director approves the proposed addition of these 
rules.

3. Section II, E, 1, Project Selection

    The Navajo Nation proposed new language in its rule at section II, 
E, 1 to provide the following.

    Reclamation techniques for the specified noncoal mine closure 
and radioactive mine wastes will ensure compliance with the in-house 
Health Physics Standards and Guidelines in the absence of any Tribal 
or Federal clean up standards specific to abandoned mine lands. The 
mine wastes contain low level radioactivity, but the levels are such 
that the reclamation work can be safely conducted if the health and 
safety standards are strictly followed. Departmental verification of 
the clean up standards will be performed at each disturbed area(s).

    There are no SMCRA or implementing Federal regulation requirements 
concerning reclamation standards or techniques for noncoal projects 
that must be followed or adhered to by State or Indian tribe AMLR 
programs. The Director finds that the proposed rule at section II, E, 
1, which requires reclamation techniques for noncoal mine closures and 
radioactive mine wastes that ensure compliance with specific Navajo 
health and safety standards for clean-up of such sites, provides an 
additional safeguard for human safety that is not inconsistent with the 
Federal noncoal reclamation regulations at 30 CFR part 875. Therefore, 
the Director approves the proposed addition of this rule.

4. Sections II, M, 1(d) and 2(a) and (b), and P, 1(a) through (c), 2(a) 
through (f), and 3, Utilities and Other Facilities

Sections II, M, 1(d)
    The Navajo Nation proposed to delete its rule at section II, M, 
1(d), which required a description of the Navajo Nation's ability to 
fund all potential coal-related problems that occur during the life of 
the AMLR program after the Navajo Nation's certification of completion 
of coal reclamation. There is no direct counterpart in the Federal

[[Page 18271]]

regulations, but 30 CFR 875.13(a)(3) has similar requirements. It 
requires a State or Indian tribe to agree to acknowledge and give top 
priority to any coal-related problem that may be found or occur during 
the life of the approved AMLR program after the State's or Indian 
tribe's certification of completion of coal reclamation. Such agreement 
is provided in the Navajo Nation's rules at section II, N, 1(c), which 
requires that, if eligible coal problems occur after certification, the 
Navajo Nation will address such coal problems in the next grant cycle. 
Because the rule at section II, N, 1(c) provides for coal reclamation 
after certification, as required by 30 CFR 875.13(a)(3), and because 
the deleted rule at section II, M, 1(d) has no direct counterpart in 
the Federal regulations, the Director finds that deletion of the rule 
at II, M, 1(d) rule is not inconsistent with the Federal regulations at 
30 CFR part 875. Therefore, the Director approves the proposed 
deletion.
Sections II, M, 2(a) and (b) and P, 1(a) through (c) and 2(a) through 
(f)
    The Navajo Nation proposed to revise its noncoal reclamation rules 
by deleting the introductory sentence for section II, M, 2(a) and 
deleting in its entirety section II, M, 2(b). The introductory sentence 
for section 2(a) indicates that this section applies to reclamation 
projects involving the restoration of lands and water adversely 
affected by past mineral mining; projects involving the protection, 
repair, replacement, construction, or enhancement of utilities; and the 
construction of public facilities in communities impacted by coal and 
other mineral mining and processing practices. Section 2(b) states 
that, where the Navajo Nation President determines there is a need for 
activities or construction of specific public facilities related to the 
coal or minerals industry, the provisions of Part O (should be ``P'') 
of the Navajo plan, entitled Utilities and Other Facilities, apply. The 
Navajo Nation also proposed to delete the requirements provided by its 
rules at sections II, P, 1(a) through (c) and 2(a) through (f), which 
set forth criteria and procedures for funding public utilities and 
other facilities projects.
    The Federal regulatory counterparts to the deleted rules at 
sections II, M, 2(a) and (b) are at 30 CFR 875.15(a) and (d). The 
counterparts to the deleted rules at sections II, P, 1(a) through (c) 
and 2(a) through (f) are in the Federal regulations at 30 CFR 875.15(c) 
and (e). All of these Federal regulations continue to allow States and 
Indian tribes to include in their AMLR plans provisions for the funding 
of public utilities and other facilities.
    The effect of the Navajo Nation's proposed rule deletions is that 
the Navajo Nation no longer has rules that would allow it to apply for 
and receive AMLR funds for the construction of public utilities and 
other facilities. OSM does not determine for a State or Indian tribe 
that has an approved AMLR program how to allocate the limited AMLR 
funds each receives to carry out the purposes of title IV of SMCRA.
    In addition, the proposed deletion of the Navajo Nation rules at 
section II, M, 2(a) and (b) and P, 1(a) through (c) and 2(a) through 
(f) is consistent with the overall intent of the Navajo Nation to 
direct its AMLR funds to specific noncoal reclamation projects and to 
not use these funds for public utilities and other facilities. As 
provided at section 405(d) of SMCRA, approval of the Navajo Nation plan 
granted to the Navajo Nation exclusive responsibility and authority to 
implement the provisions of its approved program. The approval carries 
with it the responsibility to administer the AMLR program in an 
efficient manner and to carefully consider all expenditures, including 
determining which reclamation projects will receive AMLR funding. The 
approval of the AMLR program means the Navajo Nation can spend its AMLR 
funds on reclamation projects of its own choosing so long as the 
program continues to be in compliance with the procedures, guidelines, 
and requirements established under subsection 405(a) of SMCRA.
    For these reasons, the Director finds that the deletion of the 
Navajo Nation rules at sections II, M, 2(a) and (b) and P, 1(a) through 
(c) and 2(a) through (f) is not inconsistent with the Federal 
requirements at 30 CFR 875.15(a), (c), (d), and (e). Therefore, the 
Director approves the proposed deletion of these rules.
Section II, P, 3
    The Navajo Nation proposed to delete its rule at section II, P, 3, 
which provides for (1) preparation of a news release concerning the 
grant application for funding of public utilities and other facilities 
and providing an opportunity for public comment, (2) evaluation of 
public comments, and (3) a determination that the funding meets the 
requirements of the Navajo Nation rules and is in the best interest of 
the Navajo Nation. There is no direct Federal regulation counterpart to 
section II, P, 3, but the requirements of 30 CFR 875.15(e) generally 
are counterparts to the deleted provisions. The deletion of this Navajo 
Nation rule is consistent with the Navajo Nation's deletion of all 
rules concerning public utilities and other facilities.
    For this reason and for the reasons discussed in the preceding 
findings for sections II, M, 1(d), 2(a) and (b) and P, 1(a) through (c) 
and 2(a) through (f), the Director finds that the deletion of section 
II, P, 3 is not inconsistent with the Federal regulations at 30 CFR 
875.15. The Director approves the proposed deletion of this rule.

IV. Summary and Disposition of Comments

    As discussed below, OSM did not receive any comments on the 
proposed amendment.

1. Public Comments

    OSM invited public comments on the proposed amendment, but none 
were received.

2. Federal Agency Comments

    Pursuant to 30 CFR 884.15(a) and 884.14(a)(2), OSM solicited 
comments on the proposed amendment from various Federal agencies with 
an actual or potential interest in the Navajo Nation plan 
(administrative record Nos. NA-246 and 248). No comments were received 
from any Federal agencies.

V. Director's Decision

    Based on the above findings, the Director approves the Navajo 
Nation's proposed plan amendment as submitted on September 3, 1996.
    The Director approves, as discussed in: finding No. 1, section II, 
L, 1(e) and (g), concerning eligible coal lands and water, section II, 
L, 2(b)(3) and (4), concerning eligible noncoal lands and water prior 
to certification, section II, M, 1(b) and 2, concerning certification 
of completion of coal sites, section II, N, 1 and 1(c), concerning 
eligible lands and water subsequent to certification, and section III, 
E, 1 and 1(a), concerning future reclamation set-aside program; finding 
No. 2, section II, L, 1(h), concerning limited liability, section II, 
L, 1(i), concerning contractor responsibility, section II, L, 1(j), 
concerning reports, section II, L, 2(c), concerning limited liability, 
section II, L, 2(d), concerning contractor responsibility, and section 
II, L 2(e), concerning reports; finding No. 3, section II, E, 1, 
concerning project selection; and finding No. 4, deletion of section 
II, M, 1(d), concerning certification of completion of coal sites, 
deletion of sections II, M, (2)(a) and (b) and P, 1(a), (b), and (c), 
(2)(a) through (f), and (3), concerning utilities and other facilities.

[[Page 18272]]

    The Director approves the rules as proposed by the Navajo Nation 
with the provision that they be fully promulgated in identical form to 
the rules submitted to and reviewed by OSM and the public.
    The Federal regulations at 30 CFR Part 756, codifying decisions 
concerning the Navajo Nation plan, are being amended to implement this 
decision. This final rule is being made effective immediately to 
expedite the Tribe plan amendment process and to encourage Tribes to 
bring their plans into conformity with the Federal standards without 
undue delay. Consistency of Tribe and Federal standards is required by 
SMCRA.

VI. Procedural Determinations

1. Executive Order 12866

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12866 (Regulatory Planning and 
Review).

2. Executive Order 12988

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 (Civil Justice Reform) and has 
determined that this rule meets the applicable standards of subsections 
(a) and (b) of that section. However, these standards are not 
applicable to the actual language of Tribe or State AMLR plans and 
revisions thereof since each such plan is drafted and promulgated by a 
specific Tribe or State, not by OSM. Decisions on proposed Tribe or 
State AMLR plans and revisions thereof submitted by a Tribe or State 
are based on a determination of whether the submittal meets the 
requirements of Title IV of SMCRA (30 U.S.C. 1231-1243) and the 
applicable Federal regulations at 30 CFR Parts 884 and 888.

3. National Environmental Policy Act

    No environmental impact statement is required for this rule since 
agency decisions on proposed Tribe or State AMLR plans and revisions 
thereof are categorically excluded from compliance with the National 
Environmental Policy Act (42 U.S.C. 4332) by the Manual of the 
Department of the Interior (516 DM 6, appendix 8, paragraph 8.4B(29)).

4. Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 
3507 et seq.).

5. Regulatory Flexibility Act

    The Department of the Interior has determined that this rule will 
not have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
The Tribe or State submittal which is the subject of this rule is based 
upon Federal regulations for which an economic analysis was prepared 
and certification made that such regulations would not have a 
significant economic effect upon a substantial number of small 
entities. Accordingly, this rule will ensure that existing requirements 
established by SMCRA or previously promulgated by OSM will be 
implemented by the Tribe or State. In making the determination as to 
whether this rule would have a significant economic impact, the 
Department relied upon the data and assumptions in the analyses for the 
corresponding Federal regulations.

6. Unfunded Mandates Reform Act

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or private sector.

List of Subjects in 30 CFR Part 756

    Abandoned mine reclamation programs, Indian lands, Surface mining, 
Underground mining.

    Dated: March 24, 1997.
James F. Fulton,
Acting Regional Director, Western Regional Coordinating Center.

    For the reasons set out in the preamble, Title 30, Chapter VII, 
Subchapter E of the Code of Federal Regulations is amended as set forth 
below:

PART 756--INDIAN TRIBE ABANDONED MINE LAND RECLAMATION PROGRAMS

    1. The authority citation for Part 756 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq. and Pub. L. 100-71.

    2. Section 756.14 is amended by adding paragraph (d) to read as 
follows:


Sec. 756.14  Approval of amendments to the Navajo Nation's abandoned 
mine land plan.

* * * * *
    (d) Revisions to, additions of, or deletions of the following 
rules, as submitted to OSM on September 3, 1996, are approved effective 
April 15, 1997.

    Section II, E, 1, Project selection,
    Sections II, L, 1(e) and (g), Eligible coal lands and water,
    Section II, L, 1(h), Limited liability,
    Section II, L, 1(i), Contractor responsibility,
    Section II, L, 1(j), Reports,
    Sections II, L, 2(b)(3) and (4), Eligible noncoal lands and water 
prior to certification,
    Section II, L, 2(c), Limited liability,
    Section II, L, 2(d), Contractor responsibility,
    Section II, L, 2(e), Reports,
    Sections II, M, 1(b) and (d), 2, and 2(a) and (b), Certification of 
completion of coal sites,
    Sections II, N, 1 and 1(c), Eligible lands and water subsequent to 
certification,
    Sections II, P, 1(a) through (c), 2(a) through (f), and (3), 
Utilities and other facilities, and
    Section III, E, 1 and 1(a), Future reclamation set-aside program.

[FR Doc. 97-9703 Filed 4-14-97; 8:45 am]
BILLING CODE 4310-05-M


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