[Federal Register Volume 60, Number 235 (Thursday, December 7, 1995)]
[Proposed Rules]
[Pages 62786-62789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29877]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 756
[SPATS No. HO-003-FOR]
Hopi Tribe Abandoned Mine Land Reclamation (AMLR) Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: OSM is announcing receipt of a proposed amendment to the Hopi
Tribe AMLR plan (hereinafter, the ``Hopi Tribe plan'') under the
Surface Mining Control and Reclamation Act of 1977 (SMCRA). The
proposed amendment consists of revisions of and additions to the Hopi
Tribe plan pertaining to the purpose of the plan; eligible lands and
water subsequent to certification; coordination with other programs;
land acquisition, management, and disposal; reclamation on private land
and rights of entry; public participation; organization of the Hopi
Tribe; personnel staffing policies; purchasing policies, procurement
procedures, and accounting systems; economic conditions on the Hopi
Reservation; a description of flora and fauna at abandoned mine sites;
the Hopi Tribe's authority to administer its plan, as amended in the
absence of a specific statute; changing the name of the designated
agency; and affirmation that the manual for purchasing policies and
procedures manual is in accordance with the Office of Management and
Budget's (OMB) Common Rule. Additionally, the Hopi Tribe is proposing
numerous editorial and recodification changes. The amendment is
intended to revise the Hopi Tribe plan to meet the requirements of and
incorporate the additional flexibility afforded by the revised Federal
regulations and SMCRA, as amended, and improve operational efficiency.
DATES: Written comments must be received by 4:00 p.m. m.s.t., January
8, 1996. If requested, a public hearing on the proposed amendment will
be held on January 2, 1996. Requests to present oral testimony at the
hearing must be received by 4:00 p.m., m.s.t., December 22, 1995.
ADDRESSES: Written comments should be mailed or hand delivered to Donna
J. Griffin at the address listed below.
Copies of the Hopi Tribe 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.
Donna J. Griffin, Acting 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 Director, Office of Mining
and Minerals, Department of Natural Resources, The Hopi Tribe, P.O. Box
123, Kykotsmovi, AZ 86039
FOR FURTHER INFORMATION CONTACT: Donna J. Griffin, Telephone: (505)
248-5070.
SUPPLEMENTARY INFORMATION:
I. Background on the Hopi Tribe Plan
On June 28, 1988, the Secretary of the Interior approved the Hopi
Tribe plan. General background information on the Hopi Tribe 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 756.14(a).
[[Page 62787]]
II. Proposed Amendment
By letter dated November 2, 1995, the Hopi Tribe submitted a
proposed amendment to its plan (administrative record No. HO-148)
pursuant to SMCRA (30 U.S.C. 1201 et seq.). The Hopi Tribe submitted
the proposed amendment at its own initiative and in response to a
September 26, 1994, letter (administrative record No. HO-145.1) that
OSM sent to the Hopi Tribe in accordance with 30 CFR 884.15(b). The
provisions of the Hopi Tribe plan that the Hopi Tribe proposes to
revise and/or add are: the ``Table of Contents;'' a preface to the
amended reclamation plan; a list of addenda and errata; the Chairman's
letter of designation and Hopi Tribe resolution; the General Counsel's
opinion on the authority of the Hopi Tribe to conduct an AMLR program;
Part I, purpose of the Hopi Tribe plan; Part II, eligible lands and
water subsequent to certification; Part III, coordination of the Hopi
AMLR Program with other programs; Part IV, land acquisition,
management, and disposal; Part V, reclamation on private land; Part VI,
rights of entry; Part VII, Hopi Department of Natural Resources (DNR)
policy on public participation; Part VIII, organization of the Hopi
Tribe; Part IX, personnel staffing policies; Part X, purchasing
policies and procurement procedures; Part XI, accounting systems and
management accounting; Part XII, economic conditions on the Hopi
Reservation; and Part XIII, a description of flora and fauna at
abandoned mine sites.
Specifically, the Hopi Tribe proposes to:
(1) revise the ``Table of Contents'' to reflect the proposed
recodification changes and include a list of appendices;
(2) add a new part called ``Preface to Amended Reclamation Plan''
that provides an explanation of the Hopi AMLR Program goals and
objectives and describes eligible projects and their priorities;
(3) add a cover page for the ``List of Addenda and Errata'' and
revise the ``List of Figures'' to retitle ``Figure 4'' and delete
``Figure 5;''
(4) add new cover pages for the ``Chairman's Letter of Designation
and Hopi Tribe Resolution'' and ``Opinion of Legal Counsel'' and delete
the cover pages titled ``Section 884.13(a)'' and ``Section
884.413(b);''
(5) redesignate Section 884.13(c)(1) as Part ``I'' and revise this
part to include in the purpose of Hopi Tribe plan provisions that (a)
allow for the protection and replacement of water supplies and
protection, repair, replacement, construction, or enhancement of public
facilities adversely affected by mining and processing practices, (b)
provide that the ``Director'' shall be to the ``Director of the Hopi
Office of Mining and Mineral Resources (OMMR)'' or his designee within
the OMMR or in the Hopi AMLR Program and that the ``OMMR is an office
within the DNR, and oversees operations of the Hopi Abandoned Mine Land
Program,'' and (c) reclamation priorities similar to those allowed at
section 403 of SMCRA, and provide for deletion of language concerning
the allocation of funds collected annually for purposes of the Hopi
AMLR Program;
(6) redesignate Section 884.13(c)(2) as Part ``II;'' retitle this
part as ``Eligible Lands and Water Subsequent to Certification;'' add
language (a) consistent with the requirements of the Federal
regulations at 30 CFR 874.12 for eligible coal lands and water, 30 CFR
874.16 for contractor responsibility, 30 CFR Part 875 for noncoal
reclamation, and 30 CFR 886.23 for reports and (b) to provide for the
construction of public facilities in villages impacted by mining
activities on Hopi Indian lands as provided in sections 411 (e) and (f)
of SMCRA and include a description of needs and proposed construction
and activities; and delete (a) ``Table 1, Comprehensive/Problem
Evaluation Matrix'' and (b) language concerning filling voids and
sealing tunnels and evaluating and ranking reclamation projects;
(7) redesignate Section 884.13(c)(3) as Part ``III'';
(8) redesignate Section 884.13(c)(4) as Part ``IV;'' revise the
procedures concerning the acquisition of lands to (a) include lands
adversely affected by ``coal and noncoal mining'' practices and (b) add
new language to require that the Hopi AMLR Program shall obtain ``from
a qualified appraiser a valuation'' of the fair market value of all
land to be acquired and that the fair market value of the land ``shall
consider the principle of the best and highest use'' of the land as
adversely affected by past mining and that such ``valuation of fair
market value shall be approved by the Hopi Tribal council;'' revise the
language concerning purchases by (a) deleting the provision that allows
affected lands to be acquired with monies from the abandoned mine land
(AML) fund if approved by the OSM Field Office Director and the Hopi
Tribal Council and such acquisition meets the requirements of OSM's
regulations, (b) replacing it with new language requiring that ``the
Tribe may acquire land and water under this section if approved in
advance by OSM based on written findings made by OSM in accordance with
the provisions of 30 CFR 879.11, and as approved by the Hopi Tribal
Council,'' and (c) deleting the requirement that ``improvements to the
land may be acquired if such interest is necessary to the reclamation
work planned or the post reclamation use of the land;''
(9) redesignate Sec. 884.13 (c)(5) as Part ``V'' and revise the
language of this part to include a reference to ``the General Allotment
Act of 1887''(25 U.S.C.A. 331 et seq.);
(10) redesignate Sec. 884.13(c)(6) as Part ``VI'' and delete
language concerning emergency entry and the requirement that ``if
written notice cannot be obtained for the purposes of emergency
reclamation and if notice cannot be given prior to entry, notice will
be given to the landholders as soon after entry as practical;''
(11) redesignate Sec. 884.13(c)(7) as Part ``VII'' and add language
clarifying procedures concerning public participation in the
development of the Hopi Tribe plan and listing the 1991 and 1992 public
meetings held in connection with the Hopi Tribe's certification of
completion of reclamation of all known coal-related problems and to
review projects and needs relevant to sections 411(e) and (f) of SMCRA;
(12) redesignate Sec. 884.13(d)(1) as Part ``VIII'' and add
language to (a) provide that the Hopi Tribal Council on ``December 07,
1987, passed Resolution H-03-88,'' which designates DNR as the agency
responsible for implementing the Hopi Tribe plan, (b) reference ``the
Chairman's Letter of Designation and Hopi Tribe Resolution section of
this plan,'' and (c) reference ``Figure 4,'' which presents ``the
relationship of the DNR to others in the Tribal organization;''
(13) redesignate Sec. 884.13(d)(2) as Part ``IX'' and add
references to the Tribe's ``Personnel Policies and Procedures Manual,''
``The Civil Rights Act of 1964,'' and ``The Rehabilitation Act of
1973;''
(14) redesignate Sec. 884.13(d)(3) as Part ``X'' and add references
to the ``Purchasing Policies and Procedures Manual,'' which was adopted
by the Tribe by Executive Action dated April 15, 1978, and OMB's
``Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments'' dated March 11, 1988, which
is also known as ``the Common Rule;''
(15) redesignate Sec. 884.13(d)(4) as Part ``XI'' and add
references to ``The Hopi Tribe Financial Policies and Procedures
[[Page 62788]]
Manual,'' which was adopted by Tribal Council Resolution H-102-82 on
August 9, 1982, and the ``Standards for Audit of Governmental
Organizations, Program Activities, and Functions,'' which provides
standards for the performance of audits;
(16) delete the following sections in their entirety: (a) ``Section
884.13(e)(1), Eligible Lands and Water,'' and provide for its
replacement at Part II, Eligible Lands and Waters Subsequent to
Certification, (b) ``Section 884.13(e)(2), Problem Descriptions,'' and
provide that current problems and needs are described in Part II,
Section H of the Hopi Tribe plan, and (c) ``Section 884.13(e)(3),
Problem Abatement Proposals,'' and provide that current proposals are
described in Part II, Section H of the Hopi Tribe plan;
(17) redesignate Section 884.13(f)(1) as Part ``XII;'' add language
to provide that (a) the ``[o]riginal text of this part, Economic
Conditions on the Hopi Reservation, is replaced in its entirety by the
FY 1993-1995 Annual OEDP [Overall Economic Development Plan] Report * *
*,'' (b) the ``[c]urrent economic conditions on the Hopi Reservation
are discussed in the following Annual OEDP Report,'' and (c) ``[t]he
figures included in the OEDP Report also provide data on economic and
socioeconomic conditions on the Hopi Reservation, and reveal the
importance of coal mining and the minerals industry to the reservation
economic base and the tribal government revenue system;'' and attach
the referenced report to the Hopi Tribe plan;
(18) delete ``Section 884.13(f)(2), Description of Aesthetic,
Cultural and Recreational Conditions of the Hopi Reservation,'' in its
entirety;
(19) redesignate Section 884.13(f)(3) as part ``XIII'';
(20) provide as ``Appendix 1'' the ``Constitution and By-Laws of
the Hopi Tribe,'' which was approved December 19, 1936, and amended on
August 1, 1969, February 14, 1980, and December 7, 1993;
(21) provide cover pages for Appendices 2 through 12 and change the
title of Appendix 7 from ``Hopi Tribe Resolution H-93-80'' to ``Hopi
Tribe Resolution H-93-80 and Subsequent Correspondence to the Bureau of
Census;'' and
(24) numerous minor editorial and grammatical revisions and
recodification changes.
The Hopi Tribe also proposes adding the following items to its
plan: (1) a memorandum dated May 18, 1995, from the Hopi Tribe's
Assistant General Counsel affirming the authority of the Tribe's AMLR
Program to administer the Hopi Tribe plan as amended in the absence of
any AMLR statute; (2) Hopi Tribal Resolution H-134-89 that provides
documentation of the Tribe's action changing the name of the Office of
Natural Resources to the Department of Natural Resources; and (3) a
memorandum dated August 31, 1995, from the Tribe's Office of Financial
Management that affirms that the Hopi Tribe ``Purchasing Policies and
Procedures Manual'' is in accordance with OMB's Common Rule.
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 Tribe 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.s.t., December 22, 1995. 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 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 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.).
[[Page 62789]]
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.
List of Subjects in 30 CFR Part 756
Abandoned mine reclamation programs, Indian lands, Surface mining,
Underground mining.
Dated: November 29, 1995.
James F. Fulton,
Acting Regional Director, Western Regional Coordinating Center.
[FR Doc. 95-29877 Filed 12-6-95; 8:45 am]
BILLING CODE 4310-05-M
