[Federal Register Volume 60, Number 79 (Tuesday, April 25, 1995)]
[Rules and Regulations]
[Pages 20193-20195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10169]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 756
Navajo Nation Abandoned Mine Land Reclamation (AMLR) Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
-----------------------------------------------------------------------
SUMMARY: OSM is approving a proposed amendment to the Navajo Nation
AMLR plan (hereinafter referred to as the ``Navajo plan'') under the
Surface Mining Control Reclamation Act of 1977 (SMCRA). The Navajo
Nation proposed revisions to its AMLR Code of 1987 pertaining 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.
EFFECTIVE DATE: April 25, 1995.
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. Generally, lands and waters eligible for
reclamation under Title IV are those that are mined or affected by
mining and abandoned or inadequately reclaimed prior to August 3, 1977,
and for which there is no continuing reclamation responsibilities under
State, Federal, Tribal, or other laws. Lands and waters abandoned or
inadequately reclaimed after August 3, 1977, are also eligible for
reclamation under provisions at sections 402(g)(4) and 404 of SMCRA.
Title IV provides for State or Tribal submittal to OSM of an AMLR
plan. The [[Page 20194]] 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 Tribal 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 or Tribal 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. 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 requested a public hearing or meeting, none was held.
The public comment period ended on March 10, 1995.
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 the dates used to define interim
program coal sites, and the lack of a provision requiring a
determination that there are insufficient funds to provide for adequate
reclamation or abatement at the site. OSM notified the Navajo Nation of
the concerns in a telephone conversation of 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).
Based upon the revisions to the proposed plan amendment submitted by
the Navajo Nation, OSM reopened the public comment period in the March
10, 1995, Federal Register (60 FR 13086, administrative record No. NA-
236). The public comment period ended on March 27, 1995.
IV. Director's Findings
As discussed below, the Director, in accordance with SMCRA and 30
CFR 884.14 and 884.15, finds that the proposed Navajo plan amendment as
submitted by the Navajo Nation on January 12, 1995, and as revised by
it on February 23, 1995, is not inconsistent with SMCRA and is in
compliance with the corresponding Federal regulations at 30 CFR 884.14
and 884.15. Thus, the Director approves the proposed amendment.
1. Nonsubstantive Revisions to the Navajo Nation AMLR Code of 1987
The Navajo Nation proposed to recodify sections 404 (a) and (c),
eligible lands and water, of its AMLR Code of 1987, (corresponding
provisions at section 404 of SMCRA).
Because the recodification of this previously-approved section of
the Navajo Nation's AMLR Code is nonsubstantive in nature, the Director
finds it is not inconsistent with SMCRA. The Director approved the
proposed recodification.
2. Reclamation of Interim Program Coal Sites
The Navajo Nation proposed the addition of provisions at section
404(b) of its AMLR Code to provide for the reclamation of interim
program coal sites. Such sites were left in either unreclaimed or
inadequately reclaimed condition (1) between August 4, 1977, and
September 28, 1984, and the amount of the bond or other financial
guarantee is insufficient to provide for adequate reclamation or
abatement at the site, or (2) where the mining occurred between August
4, 1977, and November 5, 1990, and the surety of the mining operator
became insolvent, and as of November 5, 1990, funds immediately
available from proceedings relating to such insolvency or from any
other source were insufficient to provide adequate reclamation or
abatement at the site. In addition, to qualify for reclamation or
abatement, such sites must be either priority 1 or 2 sites pursuant to
section 403(a) (1) and (2) of SMCRA, and priority will be given to
those sites in the immediate vicinity of a residential area or which
have an adverse economic impact upon a community.
Proposed section 404(b) of the Navajo Nation AMLR Code contains the
same requirements as the counterpart Federal requirements at section
402(g)(4) of SMCRA. Therefore, the Director finds that the proposed
AMLR Code provisions are consistent with the counterpart SMCRA
provisions. The Director approves proposed section 404(b) of the Navajo
Nation AMLR Code.
V. Summary and Disposition of Comments
Following are summaries of all substantive written comments on the
proposed amendment that were received by OSM, and OSM's responses to
them.
1. Public Comments
OSM invited public comments on the proposed amendment, but none
were received.
2. 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 plan (administrative
record Nos. NA-231 and NA-235).
(a) Arizona State Historic Preservation Officer (SHPO). On March
13, 1995, the [[Page 20195]] Arizona SHPO agreed with OSM's
determination that no aspects of the proposed amendment pertain to
cultural or historic resources (administrative record No. NA-239). As
such, the Arizona SHPO determined that the amendment would have no
effect on cultural resources under the National Historic Preservation
Act of 1966 and 36 CFR part 800.
(b) Navajo Nation Historic Preservation Department.
By letter dated February 21, 1995, the Department agreed with OSM's
determination that the proposed changes to the Navajo Nation AMLR Code
of 1987 do not pertain to cultural resources. Therefore, ti stated that
the amendment will have no effect on cultural resources (administrative
record No. NA-237).
(c) U.S. Bureau of Indian Affairs. The Bureau of Indian Affairs
stated in a memorandum dated March 13, 1995, that a technical review
had been completed by its Area Real Estate Services, Rights Protection
Section, and that it had no comments (administrative record No. NA-
238).
VI. Director's Decision
Based on the above findings, the Director approves the Navajo
Nation's proposed plan amendment as submitted on January 12, 1995, and
as revised on February 23, 1995.
As discussed in finding No. 1, the Director approves nonsubstantive
revisions to the Navajo Nation AMLR Code of 1987 at sections 404(a) and
(c), eligible lands and water.
As discussed in finding No. 2, the Director approves substantive
revisions to the Navajo Nation AMLR Code of 1987 at section 404(b),
reclamation of interim program coal sites.
The Director approves the proposed revisions of the Navajo Nation
AMLR Code of 1987 with the provision that they be fully promulgated in
identical form to the code submitted to and reviewed by OSM and the
public.
The Federal regulations at 30 CFR part 756, codifying decisions
concerning the Navajo plan, are being amended to implement this
decision. This final rule is being made effective immediately to
expedite the Tribal plan amendment process and to encourage Tribes to
bring their plans into conformity with the Federal standards without
undue delay. Consistency of Tribal and Federal standards is required by
SMCRA.
VII. 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
Tribal 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 Tribal 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 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: April 19, 1995.
Charles E. Sandberg,
Acting Assistant Director, Western Support 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 (c) to read as
follows:
Sec. 756.14 Approval of amendments to the Navajo Nation's Abandoned
Mine Land Plan.
* * * * *
(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.
[FR Doc. 95-10169 Filed 4-24-95; 8:45 am]
BILLING CODE 4310-05-M
