[Federal Register Volume 59, Number 192 (Wednesday, October 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24608]
[[Page Unknown]]
[Federal Register: October 5, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
Navajo Museum/Library/Culture Center Grant Application
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Notice of request for grant funding; public comment period on
Navajo Museum/Library/Culture Center funding request.
-----------------------------------------------------------------------
SUMMARY: OSM is announcing receipt of a grant application requesting
funds to partially pay for construction of the Navajo Museum/Library/
Culture Center (museum) as proposed by the Navajo Museum and Library
Foundation, Inc. (Museum Foundation), acting through the Navajo
Abandoned Mine Land Reclamation Department (NAMLRD). The application
requests $3 million to partially fund construction of the museum in
Window Rock, Arizona, as a public facilities project related to the
coal or minerals industry on Navajo Indian lands impacted by coal or
minerals development.
DATES: Written comments must be received by 4 p.m., Mountain time on
November 4, 1994.
ADDRESSES: Written comments should be mailed or hand delivered to
Thomas E. Ehmett at the address listed below. Copies of NAMLRD's grant
application for the museum funding request 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 grant application 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 (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 the Surface Mining Control and Reclamation Act (SMCRA)
established an Abandoned Mine Land Reclamation (AMLR) program to
reclaim and restore lands and waters adversely affected by past mining.
The program is funded by a reclamation fee levied on coal production.
Lands and waters eligible for reclamation under Title IV primarily 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 in 30 CFR Parts
870 through 888 that implement Title IV of SMCRA. Ordinarily, a State
or Tribe must have a surface mining regulatory program approved
pursuant to section 405 of SMCRA prior to submittal of an AMLR plan to
OSM. However, on July 11, 1987, the President signed a supplemental
appropriations bill (P.L. 100-71) that authorized the Crow and Hopi
Tribes and the Navajo Nation to administer AMLR programs without
approval of Tribal surface mining regulatory programs. Pursuant to
those provisions, the Secretary reviewed the plans submitted by Tribes
and solicited and considered comments of State and Federal agencies and
the public. After considering the comments received, if the Secretary
determined a Tribe had the ability and necessary legislation to
implement the provisions of Title IV, the Secretary approved the Tribal
program and granted the Tribe exclusive authority to administer its
plan.
Upon approval of a Tribe's AMLR plan by the Secretary, the Tribe
may submit to OSM, on an annual basis, an application requesting funds
for specific projects that are necessary to implement the approved
plan. Funding requests are reviewed and approved by OSM in accordance
with the requirements of 30 CFR Parts 874, 875, and 886.
II. Background on the Navajo Nation Plan
The Secretary of the Interior approved the Navajo Nation's AMLR
plan on May 16, 1988. General information on the Navajo Nation's plan,
including the Secretary's findings, the disposition of comments, and
the approval of the plan, is in the May 16, 1988, Federal Register (53
FR 17186). Approval of the Navajo Nation Plan is codified at 30 CFR
756.13.
By letters dated April 7 and 22, 1994, the Navajo Nation submitted
a proposed amendment to its plan pursuant to SMCRA (administrative
record Nos. NA-207, NA-208, and NA-212). The Navajo Nation submitted
the proposed amendment with the intent of revising its plan to make it
consistent with SMCRA and to improve operational efficiency. OSM
approved the plan amendments in the September 27, 1994, Federal
Register (59 FR 49178).
Provisions of the plan, which includes the Navajo AMLR Code, that
the Navajo nation amended and which are pertinent to this proposed
action include: Section 409, filling voids and sealing tunnels; and
section 411, certification of completion of coal reclamation,
authorization to perform priorities one, two, and three noncoal
reclamation, and authorization to undertake community impact assistance
and public facilities projects.
Provisions of the plan, which includes the Navajo AMLR Rules, that
the Navajo Nation amended and which are pertinent to this proposed
action include: Part D, coal reclamation priorities and noncoal
reclamation priorities prior to certification; Part L, general
reclamation requirements for coal and noncoal; Part M, certification of
completion of coal sites; Part N, eligible lands and water subsequent
to certification; Part O, exclusion of noncoal reclamation sites; and
Part P, utilities and other facilities.
III. Background on the Navajo Nation's Certification of Coal
Completion
By letter dated May 4, 1994, the President of the Navajo Nation
notified the Secretary that the Navajo Nation intends to reclaim all
remaining eligible abandoned coal mines, including interim abandoned
coal mines, as required by section 403(a) of SMCRA (administrative
record No. NA-213). OSM is aware there are eligible abandoned coal
mines on Navajo Indian lands yet to be reclaimed by the Navajo Nation.
However, the Nation has sufficient AMLR funds in reserve to reclaim the
remaining eligible abandoned coal mines. The Navajo Nation also
submitted a grant application to OSM that, upon approval of the
proposed amendment, will enable it to reclaim those mines.
In addition, the Navajo Nation submitted a request for the
Secretary's concurrence with its certification of completion of all
known coal-related problems pursuant to section 411(a) of SMCRA and 30
CFR 875.13. The Secretary's concurrence with the certification was
published in the September 27, 1994, Federal Register (59 FR 49178).
IV. Museum Funding Request
Section 411 of SMCRA provides that once a State or Tribe certifies
that it will address all remaining abandoned coal mine problems, and
the Secretary concurs, then that State or Tribe may request funds to
undertake abandoned noncoal mine reclamation, community impact
assistance, and public facilities projects under sections 411 (b), (e),
and (f), respectively. The Navajo Nation President and the Navajo
Museum and Library Foundation, Inc., first expressed interest in
obtaining OSM funds for the museum under section 411(f) in late June
and early July 1993. OSM informed the Navajo Nation at that time and on
a number of occasions since of the administrative requirements that the
Nation must fulfill before OSM can consider a funding request under
section 411(f) of SMCRA. Those requirements included: Revising the
Navajo Nation's AMLR plan to include provisions authorizing NAMLRD to
reclaim remaining eligible abandoned interim coal mines and to
undertake projects under sections 411 (e) and (f); certifying that all
remaining abandoned coal mine problems will be addressed; submitting an
application for funds to reclaim all remaining eligible abandoned coal
mine problems; and submitting an application for funds for the museum.
Anticipating that those administrative requirements would be
fulfilled, the Museum Foundation developed a grant application that
NAMLRD submitted to OSM on January 21, 1994, requesting $3 million from
the Navajo Nation's share of the Abandoned Mine Reclamation Fund to
partially pay for construction of the museum. NAMLRD submitted the
application because it is the recipient of AMLR funds from OSM for
abandoned mine reclamation, community impact assistance, and public
facilities projects pursuant to sections 411 (b), (e), and (f) of
SMCRA. The Museum Foundation would be a subrecipient if the grant
request for $3 million is approved.
Under the provisions of section 411(f), the President of the Navajo
Nation has determined there is a need for such a public facility
related to the coal and minerals industry. According to the
application, the museum will display Navajo crafts and culture
materials in order to preserve the culture for future generations. It
will include demonstration areas in the museum where traditional Navajo
arts and crafts will be made. A children's museum and library will also
be available. A visitor center will display art and photographs of
historical and sacred places on or near the Navajo Reservation and an
exhibit showing the impact of coal and minerals mining in the growth
and development of the Navajo Nation. The total cost of the museum is
estimated to be about $7.85 million.
OSM's formal review of the grant application requesting the museum
funding will be conducted in the context of the regulations at 30 CFR
875.15. Specific provisions applicable to the museum request include
sections 875.15(e) (1) through (7). Those regulations require the
application to specifically set forth: (1) The need or urgency for the
activity or the construction of the public facility; (2) the expected
impact the project will have on the coal or minerals industry in the
State or Indian Tribe; (3) the availability of funding from other
sources and, if other funding is provided, its percentage of the total
costs involved; (4) documentation from other local, State, and Federal
agencies with oversight for such utilities or facilities regarding what
funding resources they have available and why this specific project is
not being fully funded by their agency; (5) the impact on the State or
Indian Tribe, the public, and the minerals industry if the activity or
facility is not funded; (6) the reason why this project should be
selected before a priority project relating to the protection of the
public health and safety or the environment from the damages caused by
past mining activities, and (7) an analysis and review of the
procedures used by the State or Indian Tribe to notify and involve the
public in this funding request and a copy of all comments received and
their resolution by the State or Indian Tribe.
In accordance with 30 CFR 875.15(f), the OSM Director must prepare
a Federal Register notice regarding the museum funding request and
provide for public comments. Section 875.15(f) further requires OSM to
evaluate all comments received and to determine whether the funding
meets the requirements of sections 875.15(e) (1) through (7) and if it
is in the best interests of NAMLRD's program. If OSM concludes that the
museum request satisfies all the requirements of section 875.15, OSM
will approve the funding request at a cost commensurate with its
benefits toward achieving the purposes of SMCRA.
V. Public Comment Procedures
In accordance with 30 CFR 875.15(f), OSM is seeking public comments
on the museum funding request. Written comments should be specific and
should pertain to the museum request in the context of the regulations
at 30 CFR 875.15 and the provisions of section 411 of SMCRA. Comments
should 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 OSM's final decision or included in the
administrative record.
Dated: September 29, 1994.
Ed Kay,
Deputy Director, Office of Surface Mining Reclamation and Enforcement.
[FR Doc. 94-24608 Filed 10-4-94; 8:45 am]
BILLING CODE 4310-05-M
