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

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

(a) Revisions to the following provisions of the Navajo Nation AMLR plan, as submitted to OSM on April 7 and 22, 1994, are approved effective September 27, 1994:

Navajo Nation Abandoned Mine Land Reclamation Code of 1987: Introduction

Section 101 - Findings

Section 102 - Purposes

Section 201 - Duties of Navajo Abandoned Mine Lands Reclamation Department

Section 401 - Navajo Abandoned Mine Reclamation Fund and Purposes

Section 402 - Reclamation Fees

Section 403 - Objectives of Fund

Section 404 - Eligible Lands and Water

Section 405 - Reclamation Program

Section 407 - Acquisition and Reclamation of Lands Within the Navajo Nation Adversely Affected by Past Mining Practices

Section 408 - Liens

Section 409 - Filling Voids and Sealing Tunnels

Section 410 - Deletion of Emergency Powers

Section 411 - Certification of Completion of Coal Reclamation

Section 412 - Navajo Abandoned Mine Reclamation Fund Report

Section 413 - Miscellaneous Powers, and

Section 414 - Interagency Cooperation

Navajo Nation Rules

II(D) (1) and (2) - Reclamation Priorities

II(L) (1) and (2) - General Reclamation Requirements

II(M) (1) and (2) - Certification of Completion of Coal Reclamation

II(N) (1) - Eligible Lands and Water Subsequent to Certification

II(O) (1) - Exclusion of Noncoal Reclamation Sites

II(P) (1), (2), and (3) - Utilities and Other Facilities, and

III(E) (1) - Future Reclamation Set-Aside Program

(b) The Director concurs with the Navajo Nation's May 4, 1994, certification of completion of coal reclamation effective September 27, 1994.

(c) Revisions to sections 404 (a), (b), and (c) of the Navajo Nation Abandoned Mine Land Reclamation (AMLR) Code of 1987, pertaining to eligible lands and water, as submitted to OSM on January 12, 1995, and as subsequently revised on February 23 1995, are approved effective April 25, 1995.

(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.

(e) Addition or removal of the following rules, as submitted to OSM on March 2 and 8, 2001, is approved effective July 31, 2001:

Section II, subsections M, 2, 2(a), 2(a)(1), 2(a)(2), and 2(a)(3), noncoal reclamation after certification (removed);

Section II, subsection O, 1, Exclusion of Noncoal Reclamation Sites (removed);

Section II, subsection O, subsection heading “NONCOAL RECLAMATION AFTER CERTIFICATION;”

Section II, subsection O, 1, applicability of subsection O;

Section II, subsections O, 2, 2(a) through 2(c), objectives and priorities;

Section II, subsection O, 3, enhancement of facilities and utilities;

Section II, subsection O, 4, determination of need for activities and construction of specific public facilities and submittal of grant applications;

Section II, subsection O, 5 through 5(h), requirements for grant applications submitted under subsection O.4 to meet;

Section II, subsection O, 6, exclusion of certain noncoal reclamation sites;

Section II, subsection O, 7, land acquisition authority for the noncoal program;

Section II, subsection O, 8, lien requirements;

Section II, subsection O, 9, limited liability;

Section II, subsection O, 10, contractor responsibility; and

Section II, subsection P, subsection heading, “RESERVED” (removed).

[59 FR 49185, Sept. 27, 1994, as amended at 60 FR 20195, Apr. 25, 1995; 62 FR 18272, Apr. 15, 1997; 66 FR 39443, July 31, 2001]