[Federal Register Volume 61, Number 201 (Wednesday, October 16, 1996)]
[Proposed Rules]
[Pages 53884-53886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26510]
[[Page 53884]]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 756
[HO-004-FOR]
Hopi Abandoned Mine Land Reclamation Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
is announcing receipt of a proposed amendment to the Hopi Tribe's
abandoned mine land reclamation (AMLR) plan (hereinafter, the ``Hopi
plan'') under the Surface Mining Control and Reclamation Act of 1977
(SMCRA). The proposed amendment consists of revisions to plan
provisions pertaining to the preface; purpose of the Hopi plan;
eligible lands and waters subsequent to certification; land
acquisition, management, and disposal; rights of entry; Hopi Department
of Natural Resources policy on public participation; organization of
the Hopi Tribe; a description of aesthetic, cultural and recreational
conditions of the Hopi Reservation; and flora and fauna. The amendment
is intended to revise the Hopi plan to meet the requirements of the
corresponding Federal regulations and be consistent with SMCRA.
DATES: Written comments must be received by 4:00 p.m., m.d.t., November
15, 1996. If requested, a public hearing on the proposed amendment will
be held on November 12, 1996. Requests to present oral testimony at the
hearing must be received by 4:00 p.m., m.d.t., October 31, 1996.
ADDRESSES: Written comments should be mailed or hand delivered to Guy
Padgett at the address listed below.
Copies of the Hopi 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.
Guy Padgett, Director, Albuquerque Field Office, Office of Surface
Mining Reclamation and Enforcement, 505 Marquette Avenue, NW., Suite
1200, Albuquerque, New Mexico 87102
Norman Honie, Abandoned Mine Land Program Manager, Office of Mining and
Minerals, Department of Natural Resources, The Hopi Tribe, P.O. Box
123, Kykotsmovi, Arizona 86039
FOR FURTHER INFORMATION CONTACT:
Guy Padgett, Telephone: (505) 248-5070.
SUPPLEMENTARY INFORMATION:
I. Background on the Hopi Plan
On June 28, 1988, The Secretary of the Interior approved the Hopi
plan. General background information on the Hopi plan, including the
Secretary's findings and the disposition of comments, can be found in
the June 28, 1988, Federal Register (53 FR 24262). Subsequent actions
concerning the Hopi Tribe's plan and plan amendments can be found at 30
CFR 756.17 and 756.18.
II. Proposed Amendment
By letter dated September 23, 1996, the Hopi Tribe submitted a
proposed amendment to its plan (administrative record No. HO-156)
pursuant to SMCRA (30 U.S.C. 1201 et seq.). The Hopi Tribe submitted
the proposed amendment in response to the required plan amendments at
30 CFR 756.18 (a) through (h). The provisions of the Hopi plan that the
Hopi Tribe proposes to revise are: preface to amended reclamation plan;
section I.A, purpose of the Hopi plan; section II.A(1), coal
reclamation after certification and section II.A(1)(i), limited
liability; sections II.B(1) (d) and (d)(ii), noncoal reclamation after
certification and the construction of public facilities, section
II.B(1)(h), limited liability, section II.B(1)(i), contractor
responsibility, and section II.B(1)(j), reports; section IV.A(1), land
acquisition; section VI.A(1) and B(1), consent to entry and public
notice; and part XII, description of aesthetic, cultural and
recreational conditions of the Hopi Reservation.
Specifically, the Hopi Tribe proposes in the preface to the amended
Hopi plan to include the Energy Policy Act of 1992 (Pub. L. 102-486) as
enabling legislation for the Tribe's AMLR program.
The Hopi Tribe is also proposing to delete the existing language
that describes the purpose of the Hopi plan at section I.A and replace
it with the following:
[T]he purpose of the Hopi Abandoned Mine Land Reclamation Plan,
as amended, 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.
It also has other purposes. They are: (1) to address adverse
effects of mineral mining and processing practices on public
facilities; (2) to provide for public facilities in communities
impacted by coal or other mineral mining and processing practices;
and (3) to address needs for activities or public facilities related
to the coal or minerals industry on Hopi Lands impacted by coal or
minerals development.
Provision for coal projects are found in Parts IC, IIA, and
Parts III through XIV of this Plan. Noncoal projects, including
projects related to mineral mining and processing as well as
activities and public facilities, are subject to applicable
provisions of Parts IIB through XIV of this Plan.
The Hopi Tribe proposes to revise its provisions concerning coal
reclamation after certification at section II.A to clarify that the
effective date of the Hopi Tribe's certificate of completion of all
known abandoned coal mine problems is June 9, 1994. The Tribe also
proposes the addition of new language of this section to provide that
coal problems found after the effective date of certification would be
subject to the provisions specified in the Hopi plan and in sections
401 through 410 of SMCRA.
The Hopi Tribe is proposing to add new language at section
II.A(1)(i) to provide for limited liability for coal reclamation after
certification such that
[t]he Tribe shall not be liable under any provision of Federal,
State, or Tribal law for any costs or damages as a result of action
taken or omitted in the course of carrying out this plan. This
section shall not preclude liability for costs or damages as a
result of gross negligence or intentional misconduct by the Tribe.
For purposes of the preceding sentence, reckless, willful, or wanton
misconduct shall constitute gross negligence or intentional
misconduct.
The Hopi Tribe is also proposing to revise its provisions
concerning noncoal reclamation after certification at sections II.B(1)
(d) and (d)(ii) by providing that the projects and construction of
``public'' facilities shall include as priority two the protection of
public health, safety, and general welfare from the adverse effects of
mining and processing practices, rather than the protection of public
health, safety, general welfare and property. In addition, the Hopi
Tribe is proposing to add new provisions at sections II.B(1) (h)
through (j) to provide for noncoal reclamation the following:
(h) Limited Liability. The Tribe shall not be liable under any
provision of Federal, State, or Tribal law for any costs or damages
as a result of action taken or omitted in the course of carrying out
this plan. This section shall not preclude liability for costs or
damages as a result of gross negligence or intentional misconduct by
the Tribe. For purposes of the preceding sentence, reckless,
willful, or wanton misconduct shall constitute gross negligence or
intentional misconduct.
(i) Contractor Responsibility. To receive AML funds, every
successful bidder for a
[[Page 53885]]
Tribal AML contract must be eligible under 30 CFR 773.15(b)(1) at
the time of contract award to receive a permit or conditional permit
to conduct surface coal mining operations. Bidder eligibility must
be confirmed by OSM's automated Applicant/Violator System.
(j) Reports. A Form OSM-76, ``Abandoned Mine Land Problem Area
Description,'' shall be submitted to OSM upon project completion to
report the accomplishments achieved through the project.
Further, the Hopi Tribe is proposing to delete the existing provisions
for these topics at sections II.E through G and recodify section II.H
as II.E.
The Hopi Tribe proposes to revise its provisions concerning land
acquisition at section IV.A(1) to provide that land adversely affected
by coal and noncoal mining practices, including refuse piles and all
refuse thereon, may be acquired by the Hopi Tribe for the purposes of
the reclamation program when the acquisition of the lands meets the
requirements of section 407 of SMCRA.
The Hopi Tribe is proposing to revise its rights of entry
provisions at section VI.A(1) to provide that entry may be made for the
purposes of studies or exploration for the purposes of reclamation and
for reclamation work, and at section VI.B(1) to provide that the
written notice to be sent to landholders when written consent cannot be
obtained will state the intent and reasons for entry and will be
consistent with procedures and requirements of the applicable OSM
regulations and that such notice will be given 30 days prior to entry.
The Hopi Tribe proposes to delete the original text concerning the
description of aesthetic, cultural and recreational conditions of the
Hopi Reservation and add new language at part XII to briefly describe
the general aesthetic, historic, cultural or recreational values or
conditions of the Hopi Reservation.
Finally, the Hopi Tribe is proposing minor editorial and
recodification changes.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 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 Hopi plan.
1. Written Comments
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.
2. Public Hearing
Persons wishing to testify at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,
m.d.t., October 31, 1996. Any disabled individual who has need for a
special accommodation to attend a public hearing should contact the
individual listed under FOR FURTHER INFORMATION CONTACT. The location
and time of the hearing will be arranged with those persons requesting
the hearing. If no one requests an opportunity to testify at the public
hearing, the hearing will not be held. Filing of a written statement at
the time of the hearing is requested as it will greatly assist the
transcriber. Submission of written statements in advance of the hearing
will allow OSM officials to prepare adequate responses and appropriate
questions.
The public hearing will continue on the specified date until all
persons scheduled to testify have been heard. Persons in the audience
who have not been scheduled to testify, and who wish to do so, will be
heard following those who have been scheduled. The hearing will end
after all persons scheduled to testify and persons present in the
audience who wish to testify have been heard.
3. Public Meeting
If only one person requests an opportunity to testify at a hearing,
a public meeting, rather than a public hearing, may be held. Persons
wishing to meet with OSM representatives to discuss the proposed
amendment may request a meeting by contacting the person listed under
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the
public and, if possible, notices of meetings will be posted at the
locations listed under ADDRESSES. A written summary of each meeting
will be made a part of the administrative record.
IV. 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 program, Indian lands, Surface mining,
Underground mining.
[[Page 53886]]
Dated: October 8, 1996.
Russell F. Price,
Acting Regional Director, Western Regional Coordinating Center.
[FR Doc. 96-26510 Filed 10-15-96; 8:45 am]
BILLING CODE 4310-05-M
