[Federal Register Volume 59, Number 110 (Thursday, June 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13854]
[[Page Unknown]]
[Federal Register: June 9, 1994]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 756
Hopi Tribe Abandoned Mine Land Reclamation (AMLR) Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule.
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SUMMARY: The Secretary of the Interior concurs with the Hopi Tribe's
certification that the Tribe has abated or reclaimed all coal-related
abandoned mine land problems under the Hopi Tribe AMLR plan
(hereinafter, referred to as the ``Hopi Tribe plan''). The Hopi Tribe
made the certification in accordance with the Surface Mining Control
and Reclamation Act of 1977 (SMCRA). The Hopi Tribe is now authorized
to utilize AMLR funds for noncoal reclamation purposes.
EFFECTIVE DATE: June 9, 1994.
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. Lands and water eligible for reclamation under
Title IV 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 adopted regulations in 30 CFR part 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 provisions of Title IV. After making such a determination,
the Secretary decided whether to approve the State or Tribe program.
Approval granted the State or Tribe exclusive authority to administer
its approved 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 the Navajo Nation to adopt AMLR programs
without approval of Tribal surface mining regulatory programs.
Upon approval of a State's or Tribe's 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 Hopi Tribe Plan
On June 28, 1988, the Secretary of the Interior approved the Hopi
Tribe plan as submitted on June 10, 1982, and revised on July 25, 1983,
and March and May 1988. General background information on the Hopi
Tribe plan, including the Secretary's findings, the disposition of
comments, and the approval of the Hopi Tribe plan can be found in the
June 28, 1988, Federal Register (53 FR 24262). Approval of the Hopi
Tribe plan is codified at 30 CFR 756.15.
III. Request for Certification
By letter dated February 2, 1994, the Chairman and Chief Executive
Officer of the Hopi Tribe notified the Secretary that the Tribe had
satisfied the requirements of SMCRA in regard to abandoned coal mine
reclamation and was, therefore, requesting the Secretary's concurrence
with certification of completion of all known coal-related problems
(administrative record No. HO-135).
OSM announced receipt of the Hopi Tribe's request for the
Secretary's concurrence with its certification in the April 14, 1994,
Federal Register (59 FR 17748), provided an opportunity for a public
hearing on the Tribe's certification, and invited public comments
concerning any known or suspected unreclaimed lands and water resources
on Hopi lands that may have been adversely impacted by coal mining
practices prior to August 3, 1977, and for which there is no continuing
reclamation responsibility under State, Federal, Tribal, or other laws
(administrative record No. HO-140). Because no one requested a public
hearing or meeting, none was held. The public comment period ended on
May 16, 1994.
IV. Director's Findings
Since the Secretary's approval of the Hopi Tribe AMLR plan, the
Tribe has conducted reclamation to correct or mitigate the problems
caused by post coal mining. The Tribe completed this reclamation in the
order of priority set forth in section 403(a) of SMCRA. Based upon the
Hopi Tribe's February 2, 1994, certification, and the absence of any
known unreclaimed coal-related impacts, the Director of OSM, on behalf
of the Secretary, concurs with the Hopi Tribe's certification that all
coal-related abandoned mine land problems have been abated or
reclaimed, and finds that the Hopi Tribe has satisfied the requirements
of section 403 of SMCRA. If a coal problem occurs or is identified in
the future, the Hopi Tribe would have to seek immediate funding to
reclaim the coal-related problem.
Furthermore, the Director finds, pursuant to 30 CFR 884.14(a), that
(1) the public was given adequate notice and opportunity to comment;
(2) views of other Federal, State, and Tribal agencies were solicited;
(3) the Hopi Tribe has the legal authority, policies, and
administrative structure necessary to implement the Tribe's AMLR
program; (4) the request for the Secretary's concurrence with
certification of completion of coal reclamation meets all requirements
of OSM's AMLR program provisions; and (5) the certification is in
compliance with all applicable State, Federal, and Tribal laws and
regulations.
Because the Hopi Tribe has, as discussed above, reclaimed all lands
adversely impacted by past coal mining, the Hopi Tribe may submit
annual grant requests for AMLR funds to address eligible lands, waters,
and facilities impacted by noncoal mining and construction of new
facilities in accordance with the provisions of section 411 of SMCRA.
V. Summary and Disposition of Comments
1. Public Comments
In accordance with section 411 of SMCRA and the Federal regulations
at 30 CFR 884.15(a) and 884.14(a)(2), the Director solicited public
comments and provided an opportunity for a public hearing on the Hopi
Tribe's request for the Secretary's concurrence with the Tribe's
certification of completion of coal reclamation. No public comments
were received, and because no one requested an opportunity to testify
at a public hearing, no hearing was held.
2. Agency Comments
Pursuant to 30 CFR 884.15(a) and 884.14(a)(2), the Director
solicited comments from other Federal, State, and Tribal agencies with
an actual or potential interest in the Hopi Tribe's AMLR plan. No
agency comments were received.
VI. Director's Decision
Based on the above findings, the Director, on behalf of the
Secretary, concurs with the Hopi Tribe's certification, as submitted by
the Tribe on February 2, 1994, that all abandoned coal mine-related
problems have been abated or reclaimed under its AMLR program in
accordance with Title IV of SMCRA. The effect of the Director's
concurrence with the Tribe's certification is to allow the Hopi Tribe
to use its AMLR funds for noncoal reclamation and construction of
public facilities in areas of the Hopi Reservation impacted by coal
development, mining, or processing as provided in section 411 of SMCRA.
The Director is codifying this AMLR plan decision at 30 CFR 756.16.
This final rule is being made effective immediately to expedite the
Indian Tribe AMLR plan amendment process.
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 that 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.
VIII. List of Subjects in 30 CFR Part 756
Indian lands, Abandoned mine land reclamation program.
Dated: June 2, 1994.
Russell F. Price,
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 PROGRAM
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 756.16 is added to read as follows:
Sec. 756.16 Approval of Amendments to the Hopi Tribe's Abandoned Mine
Land Reclamation Plan.
The Hopi Tribe certification of completion of coal reclamation, as
submitted on February 2, 1994, is approved effective June 9, 1994.
[FR Doc. 94-13854 Filed 6-8-94; 8:45 am]
BILLING CODE 4310-05-M
