[Federal Register Volume 60, Number 47 (Friday, March 10, 1995)]
[Proposed Rules]
[Pages 13086-13087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5924]



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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 756


Navajo Abandoned Mine Lands Reclamation (AMLR) Plan

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

ACTION: Proposed rule; extension of public comment period on proposed 
amendment.

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SUMMARY: OSM is announcing receipt of revisions pertaining to a 
previously proposed amendment to the Navajo AMLR plan (hereinafter 
referred to as the ``Navajo plan'') under the Surface Mining Control 
and Reclamation Act of 1977 (SMCRA, 30 U.S.C. 1201 et seq.). The 
revisions for the Navajo Nation's proposed statute pertain to the 
reclamation of interim program coal sites. The amendment is intended to 
revise the Navajo plan to be consistent with SMCRA, and to improve 
operational efficiency.

DATES: Written comments must be received by 4 p.m., m.s.t., March 27, 
1995.

ADDRESSES: Written comments should be mailed or hand delivered to 
Thomas E. Ehmett at the address listed below.
    Copies of the Navajo plan, the proposed amendment, and all written 
comments received in response to this document will be available for 
public review at the addresses listed below during normal business 
hours, Monday through Friday, excluding holidays. Each requester may 
receive one free copy of the proposed amendment by contacting OSM's 
Albuquerque Field Office.

Thomas E. Ehmett, Acting Director, Albuquerque Field Office, Office of 
Surface Mining Reclamation and Enforcement, 505 Marquette Avenue NW., 
Suite 1200, Albuquerque, New Mexico 87102
The Navajo Nation, P.O. Box 308, Window Rock, Arizona 86515, Telephone: 
(602) 871-4941.

for further information contact: Thomas E. Ehmett, Telephone: (505) 
766-1486.

SUPPLEMENTARY INFORMATION:

I. Background on Title IV of SMCRA

    Title IV of SMCRA established an AMLR program for the purposes of 
reclaiming and restoring lands and waters adversely affected by past 
mining. The program is funded by a reclamation fee levied on the 
production of coal. Lands and waters eligible for reclamation under 
title IV are those that were mined or affected by mining and abandoned 
or inadequately reclaimed prior to August 3, 1977, and for which there 
is no continuing reclamation responsibility under State, Federal, 
Tribal, or other laws.
    Title IV provides for State or Tribal submittal to OSM of an AMLR 
plan. The Secretary of the Interior adopted regulations at 30 CFR 870 
through 888 that implement Title IV of SMCRA. Under these regulations, 
the Secretary reviewed the plans submitted by States and Tribes and 
solicited and considered comments of State and Federal agencies and the 
public. Based upon the comments received, the Secretary determined 
whether a State or Tribe had the ability and necessary legislation to 
implement the provisions of Title IV. After making such a 
determination, the Secretary decided whether to approve the State or 
Tribe program. Approval granted the State or Tribe exclusive authority 
to administer its plan.
    Ordinarily, under section 405 of SMCRA, a State or Tribe must have 
an approved surface mining regulatory program prior to submittal of an 
AMLR plan to OSM. However, on July 11, 1987, the President signed a 
supplemental appropriations bill (Pub. L. 100-71) that authorized the 
Crow and Hopi Tribes and Navajo Nation to adopt AMLR programs without 
approval of Tribal surface mining regulatory programs.
    Upon approval of a State's or Tribe's plan by the Secretary, the 
State or Tribe may submit to OSM, on an annual basis, an application 
for funds to be expended by that State or Tribe on specific projects 
that are necessary to implement the approved plan. Such annual requests 
are reviewed and approved by OSM in accordance with the requirements of 
30 CFR Part 886.

II. Background on the Navajo Plan

    On May 16, 1988, the Secretary of the Interior approved the Navajo 
plan. General background information on the Navajo plan, including the 
Secretary's findings, the disposition of comments, and the approval of 
the Navajo plan can be found in the May 16, 1988, Federal Register (53 
FR 17186). Approval of the Navajo plan is codified at 30 CFR 756.13. 
Subsequent actions concerning the Navajo plan and plan amendments can 
be found at 30 CFR 756.14.

III. Proposed Amendment

    By letter dated January 12, 1995, the Navajo Nation submitted a 
proposed amendment to its AMLR plan pursuant to SMCRA (administrative 
record No. [[Page 13087]] NA-227). The Navajo Nation submitted the 
proposed amendment at its own initiative and in response to the final 
rule Federal Register notice acknowledging that the Navajo Nation would 
amend its AMLR Code of 1987 to provide for the reclamation of interim 
program coal sites (59 FR 49178, 48181, finding No. 1(f), September 27, 
1994; administrative record No. NA-225). The Navajo Nation proposed the 
addition of new language at section 404(b) of its AMLR Code to provide 
for such reclamation.
    OSM announced receipt of the proposed amendment in the February 10, 
1995, Federal Register (60 FR 7926), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on its adequacy (administrative record No. NA-232). 
Because no one has requested a public hearing or meeting, none has been 
held. The public comment period ends on March 10, 1995.
    OSM would like to take this opportunity to correct an error in the 
February 10, 1995, Federal Register document. In the first column on 
page 7927, part of the original language of the proposed amendment 
submitted by the Navajo Nation is incorrectly cited. Subsection 
404(b)(4) should read as follows:

    The site qualifies as a priority one or two site pursuant to 
section 403(a) (1) and (2) of SMCRA. Priority will be given to those 
sites which are in the immediate vicinity of a residential area or 
which have an adverse economic impact upon a community.

    During its review of the proposed amendment, OSM identified 
concerns relating to the provisions of the Navajo AMLR Code of 1987 at 
section 404(b)(2) pertaining to (1) the dates used to define interim 
program coal sites, and (2) the requirement that a determination be 
made that any funds available for reclamation or abatement pursuant to 
a bond or other form of financial guarantee or from any other source 
are not sufficient to provide for adequate reclamation or abatement at 
the site. OSM notified the Navajo Nation of the concerns in a telephone 
conversation on February 23, 1995 (administrative record No. NA-233). 
The Navajo Nation responded in a letter dated February 23, 1995, by 
submitting a revised amendment (administrative record No. NA-234).
    The Navajo Nation proposes revisions to section 404(b)(2) of the 
Code as it pertains to the dates used to define interim program coal 
sites, and the addition of the requirement that there be insufficient 
funds for completion of reclamation or abatement activities.

IV. Public Comment Procedures

    OSM is extending by an additional 15 days the comment period on the 
proposed Navajo plan amendment to provide the public an opportunity to 
reconsider the adequacy of the proposed amendment in light of the 
additional materials submitted. In accordance with the provisions of 30 
CFR 884.14 and 884.15(a), OSM is seeking comments on whether the 
proposed amendment satisfies the applicable plan approval criteria of 
30 CFR 884.14. If the amendment is deemed adequate, it will become part 
of the Navajo plan.
    Written comments should be specific, pertain only to the issues 
proposed in this rulemaking, and include explanations in support of the 
commenter's recommendations. Comments received after the time indicated 
under DATES or at locations other than the Albuquerque Field Office 
will not necessarily be considered in the final rulemaking or included 
in the administrative record.

V. 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 12778

    The Department of the Interior has conducted the reviews required 
by section 2 of Executive Order 12778 (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 State or Tribal AMLR plans and 
revisions thereof since each such plan is drafted and promulgated by a 
specific State or Tribe, not by OSM. Decisions on proposed State or 
Tribe AMLR plans and revisions thereof submitted by a State or Tribe 
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 State or Tribe AMLR plans and revisions 
thereof 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 Tribal 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. 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.

List of Subjects in 30 CFR Part 756

    Abandoned mine land reclamation program, Indian lands.

    Dated: March 3, 1995.
Charle E. Sandberg,
Acting Assistant Director, Western Support Center.
[FR Doc. 95-5924 Filed 3-9-95; 8:45 am]
BILLING CODE 4310-05-M