[Federal Register Volume 61, Number 79 (Tuesday, April 23, 1996)]
[Rules and Regulations]
[Pages 17833-17840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9938]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 756
[HO-OO3-FOR]
Hopi Tribe Abandoned Mine Land Reclamation Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
is approving, with certain exceptions and additional requirements, a
proposed amendment to the Hopi Tribe Abandoned Mine Land Reclamation
(AMLR) plan (hereinafter, the ``Hopi Tribe plan'') under the Surface
Mining Control and Reclamation Act of 1977 (SMCRA). The Hopi Tribe
proposed revisions of and additions to plan provisions 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 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 revised 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.
EFFECTIVE DATE: April 23, 1996.
FOR FURTHER INFORMATION CONTACT:
Guy Padgett, 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 plan and plan amendments
can be found at 30 CFR 756.16, 756.17, and 756.18.
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 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), and at its own initiative.
The provisions of the Hopi Tribe plan that the Hopi Tribe proposed
to revise or add were: the table of contents, including a list of
appendices; a preface to the amended reclamation plan; a list of
addenda and errata, including a list of figures; 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.
The Hopi Tribe also proposed numerous minor editorial and grammatical
revisions and recodification changes. Finally, the Hopi Tribe proposed
changes to the appendices included in its plan as follows: (a) provided
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, (b) provided cover pages for
Appendices 2 through 12, and (c) changed 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.''
In addition, the Hopi Tribe proposed the deletion of the following
sections in their entirety: (a) Section 884.13(e)(1), which is replaced
by specific criteria for eligible lands and waters subsequent to
certification at Part II of the Hopi Tribe plan; (b) Sections
884.13(e)(2) and 884.13(e)(3), which are replaced by a description of
current problems and needs and current proposals at Part II, section H
of the Hopi Tribe plan; and (c) Section 884.13(f)(2), Description of
Aesthetic, Cultural and Recreational Conditions of the Hopi
Reservation.
The Hopi Tribe also proposed 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.
OSM announced receipt of the proposed amendment in the December 7,
1995, Federal Register (60 FR 62786), provided an opportunity for a
public hearing or meeting on its substantive adequacy, and invited
public comment on its adequacy (administrative record No. HO-150).
Because no one requested a public hearing or meeting, none was held.
The public comment period ended on January 8, 1996.
III. Director's Findings
As discussed below, the Director, in accordance with SMCRA and 30
CFR 884.14 and 884.15, finds, with certain
[[Page 17834]]
exceptions and additional requirements, that the proposed plan
amendment submitted by the Hopi Tribe on November 2, 1995, meets the
requirements of the corresponding Federal regulations and is consistent
with SMCRA. Thus, the Director approves the proposed amendment.
1. Nonsubstantive Revisions to the Hopi Tribe Plan Provisions
The Hopi Tribe proposed revisions to the following previously-
approved plan provisions that are nonsubstantive in nature and consist
of minor editorial, punctuation, grammatical, and recodification
changes (corresponding Federal regulation or SMCRA provisions are
listed in parentheses):
Table of Contents (there are no counterpart Federal regulations or
SMCRA provisions), title of Part II, ``Eligible Lands and Waters
Subsequent to Certification;''
Table of Contents, (there are no counterpart Federal regulations or
SMCRA provisions), List of Appendices;
List of Addenda and Errata, (there are no counterpart Federal
regulations or SMCRA provisions), title for this part;
List of Figures, (there are no counterpart Federal regulations or
SMCRA provisions), title of Figure 4 and deletion of Figure 5;
Chairman's Letter of Designation and Hopi Tribe Resolution, (30 CFR
884.13(a)), designation of agency authorized to administer approved
plan;
Opinion of Legal Counsel, (30 CFR 884.13(b)), authority of
designated agency to conduct the AMLR program in accordance with the
requirements of Title IV of SMCRA;
Part III, (30 CFR 884.13(c)), coordination of Tribal AML programs
with other programs;
Sections IV, A(2) (c), (d), (e), B(2), and C (30 CFR Part 879),
land acquisition, management, and disposal;
Part V and Figures 1 and 2, (30 CFR Part 882), reclamation on
private land;
Sections VI, A, B, and C, (30 CFR Part 877), rights of entry;
Part VII, (30 CFR 884.13(c)(7)), Hopi DNR policy on public
participation;
Part VIII and Figure 4, (30 CFR 884.13(d)(1)), organization of the
Hopi Tribe;
Part IX, (30 CFR 884.13(d)(2)), personnel staffing policies;
Part X, (30 CFR 884.13(d)(3)), purchasing and procurement;
Part XI, (30 CFR 884.13(d)(4)), management accounting;
Deletion of section 884.13(e)(1) [replaced by Part II] and deletion
of sections 884.13(e) (2) and (3) [replaced by section II, H], (30 CFR
884.13 (c) (1) and (2)), purpose of Hopi Tribe reclamation plan and
criteria for ranking and identifying projects;
Part XIII, (30 CFR 884.13(f)(2), flora and fauna;
Appendices 1 through 12, (there are no counterpart Federal
regulations or SMCRA provisions), addition of cover pages; and
Appendix 7, (there is no counterpart Federal regulation or SMCRA
provision), change of title of appendix.
Because the proposed revisions to these previously-approved Hopi
Tribe plan provisions are nonsubstantive in nature, the Director finds
that they meet the requirements of the Federal regulations and are
consistent with the corresponding provisions of SMCRA. Therefore, the
Director approves the proposed revisions to these plan provisions.
In addition, the Director is accepting the following supporting
documents for inclusion to the Hopi Tribe AMLR plan:
Memorandum from Assistant General Counsel/Legislative Counsel to
DNR dated May 18, 1995, concerning elimination of Title IV from the
draft Hopi Code Mining Ordinance;
Hopi Tribal Council Resolution H-134-89, adopted August 29, 1989;
and
Memorandum from the Hopi Tribe Office of Financial Management to
DNR dated September 7, 1995, concerning purchasing procedures.
2. Substantive Revisions to the Hopi Tribe Plan Provisions That Are
Substantially Identical to the Corresponding Provisions of the Federal
Regulations and SMCRA
The Hopi Tribe proposed revisions to the following plan provisions
that are substantive in nature and contain language that is
substantively identical to the requirements of the corresponding
Federal regulations and SMCRA provisions (listed in parentheses):
Preface to Amended Reclamation Plan, (section 411 of SMCRA and 30
CFR Part 875), program goals and objectives and eligible projects;
Section I, B, (30 CFR 884.13(a)), designation of administrative
authority;
Section I, C, (section 403(a) of SMCRA), introductory paragraph for
reclamation priorities;
Section I, C (4) and (5), (section 403(a) (4) and (5) of SMCRA),
deletion of existing C (4) and recodification of C(5) and (6) and C(4)
and (5);
Section I, C, (deleted section 402(g)(2) of SMCRA), deletion of
provisions concerning allocation of funds;
Sections II, A(1) (a) through (f), (30 CFR 874.12 (a) through (h)),
eligible coal lands and water;
Section II, A(1)(g), (30 CFR 874.16), contractor responsibility;
Sections II, B(1) (a) and (b), (30 CFR 875.14(a) (1) and (2)),
eligible lands and water subsequent to certification;
Sections II, B(1)(c), (d)(i) and (iii), (e), and (g), (30 CFR
875.15(a), (b)(1) and (3), (c), and (e)), reclamation priorities for
noncoal program;
Sections II, C through F, (30 CFR 875.16, 875.17, 875.19, and
875.20), exclusion of certain noncoal reclamation sites, noncoal land
acquisition authority, limited liability, and contractor
responsibility;
Section II, H and [deletion of] ranking and selection of noncoal
reclamation projects and Table I, Comprehensive/Problem Evaluation
Matrix, (30 CFR 884.13 (c) and (e)), description of needs, proposed
construction and activities;
Section IV, A(2)(b), (30 CFR 879.11), lands eligible for
acquisition;
Part XII, (30 CFR 884.13(f)(1)), economic conditions of the Hopi
Reservation; and
Appendix 1, (there is no counterpart Federal regulation or SMCRA
provision), Constitution and By-Laws of the Hopi Tribe, as amended.
Because these proposed revisions to the Hopi Tribe plan provisions
are substantively identical to the corresponding provisions of the
Federal regulations and SMCRA or concern proposed deletions of
provisions deleted from Title IV of SMCRA, the Director finds that they
meet the requirements of the Federal regulations and are consistent
with SMCRA. The Director approves these proposed revisions to the Hopi
Tribe plan provisions.
3. Preface to Amended Reclamation Plan
The Hopi Tribe proposed the addition of a preface to the Hopi Tribe
plan, which provides, in part, a discussion in the introductory
paragraph of the reasons for the amended reclamation plan. The preface
discusses the Abandoned Mine Reclamation Act of 1990 (Pub. L. 101-508),
but there is no mention of the Energy Policy Act of 1992. (Pub. L. 102-
486, EPACT), which was enacted October 24, 1992. EPACT amended Title IV
of SMCRA in several ways. The Hopi Tribe incorporated in the proposed
revisions to the Hopi Tribe plan provisions addressing some of the
amended Federal requirements. The Director finds that the preface is
consistent with title IV of SMCRA and is in compliance with the
implementing Federal regulations, but suggests that the introductory
paragraph be revised to also reference the Energy Policy Act of 1992
and provide that the plan amendment has been prepared to be in
conformance with it.
[[Page 17835]]
The introductory paragraph also provides that the amendment has
been prepared to meet the requirements of 30 CFR Parts 870 (Abandoned
Mine Reclamation Fund-Fee Collection and Coal Production Reporting),
872 (Abandoned Mine Reclamation Funds), 873 (Future Reclamation Set-
Aside Program), 874 (General Reclamation Requirements), 875 (Noncoal
Reclamation), 876 (Acid Mine Drainage Treatment and Abatement Program),
and 886 (State and Tribal Reclamation Grants). However, the amendment
contains no provisions concerning a future reclamation set-aside
program or an acid mine drainage treatment and abatement program. The
Director recommends that the references to the provisions concerning a
future reclamation set-aside program and an acid mine drainage
treatment and abatement program should be deleted.
4. Section I, A, Purpose of the Hopi Tribe AMLR Plan
a. Section I, A.--The Hopi Tribe proposed to revise Part I to
provide a general description of funding priorities similar to those at
sections 403 (a) and (b)(1) of SMCRA, which pertain only to coal, and
to include reclamation activities pertaining to the adverse effects and
impacts of mineral mining and processing practices [noncoal] similar to
those provided at sections 411 (c) and (e) of SMCRA.
However, the Hopi Tribe did not retain the distinctions between
coal and noncoal by setting out separate provisions for each. Title IV
of SMCRA and the Federal regulations distinctly and separately provide
requirements concerning coal reclamation at section 403 and 30 CFR Part
874 and noncoal reclamation at section 411 and 30 CFR Part 875. The
Director finds that the Hopi Tribe's proposed replacement of the word
``coal'' with the phrase ``mining and processing practices'' at section
I, A inappropriately combines coal and noncoal reclamation activities,
and is, therefore, inconsistent with SMCRA and not in compliance with
the Federal regulations. The Director is requiring, in order to
properly reflect the objectives and priorities for expenditures of
moneys from the abandoned mine land fund, the Hopi Tribe to revise Part
I by creating separate provisions for coal and noncoal reclamation
activities in order to be consistent with sections 403 and 411 of SMCRA
and in compliance with the Federal regulations at 30 CFR Parts 874 and
875.
b. Section I, A(1).--Section I, A(1) provides, in part, that one
purpose of the Hopi AMLR plan is to ``protect the health, safety, and
general welfare of members of the Hopi Tribe * * *.'' The language
contained in this section is similar to sections 403(a) (1) and (2) and
411(c) (1) and (2) of SMCRA, except that sections 403 and 411
distinguish between the ``protection of public health, safety, general
welfare, and property from extreme danger of adverse effects'' of
mining (emphasis added) and the ``protection of public health, safety,
and general welfare from adverse effects'' of mining. Section I, A of
the Hopi Tribe plan is a general description of the purpose the plan
itself. As such, the Director finds that, even though section I, A(1)
does not distinguish between the ``extreme danger of adverse effects''
and the ``adverse effects'' of mining and processing practices, the
plan at sections I, C (1) and (2) and proposed II, B(1)(d) (i) and (ii)
provide for coal and noncoal reclamation priorities, which specifically
address the ``extreme danger of the adverse effects'' and the ``adverse
effects'' consistent with sections 403(a) and 411(c) of SMCRA.
Therefore, the Director approves the proposed language of section I,
A(1).
c. Section I, A(2).--The proposed revisions at section I, A(2)
provide that another purpose of the Hopi AMLR plan is to ``restore land
and water resources degraded by the adverse effects of mining and
processing practices for both aesthetic and conservation reasons.''
This language is similar to sections 403(a)(3) and 411(c)(3) of SMCRA,
except that sections 403 and 411 also provide for the restoration of
the environment previously degraded by mining practices; and section
403(a)(3), which concerns coal reclamation only, includes restoration
measures for conservation and development of soil, water (excluding
channelization), woodland, fish and wildlife, recreation resources, and
agricultural productivity. The specific priorities for coal and noncoal
reclamation concerning restoration of land and water resources and the
environment previously degraded by mining practices are provided for in
the Hopi Tribe plan at section I, C(3) and proposed section II,
B(1)(d)(iii). These provisions are substantively identical to sections
403(a)(3) and 411(c)(3) of SMCRA. Therefore, the Director finds that
the general description concerning restoration of land and water
resources provided in the purpose of the Hopi Tribe plan at section I,
A(2) is consistent with sections 403 and 411 of SMCRA. The Director
approves the revisions to this plan provision.
d. Section I, A(3).--The Hopi Tribe proposed to revise section I, A
of the Hopi Tribe plan by adding new language at paragraph (3) ``to
provide for protecting, repairing, replacing, constructing, or
enhancing facilities related to water supply, including water
distribution facilities and treatment plants, to replace water supplies
adversely affected by mining and processing practices.'' The Director
finds that proposed section I, A(3), which is similar to section
403(b)(1) of SMCRA, is inconsistent with SMCRA for two reasons. First
of all, the Hopi Tribe is proposing to extend the provisions of section
I, A(3) to noncoal reclamation activities by proposing to change the
word ``coal'' to ``mining and processing practices.'' The provisions of
section 403 of SMCRA apply only to coal, and as proposed at I, A(3) in
the Hopi Tribe plan, the water replacement provision includes all
mining and processing practices, and is not limited to only coal mining
practices. Secondly, section 403(b)(1) of SMCRA also only applies in
those States or Indian tribes that have not certified to the completion
of coal reclamation. The Hopi Tribe provided certification of
completion of coal reclamation in a letter from the Chairman and Chief
Executive Officer of the Hopi Tribe dated February 2, 1994 (59 FR
29719, June 9, 1994). The Director requires the Hopi Tribe to revise
its AMLR plan by deleting section I, A(3) and recodifying the
subsequent paragraphs accordingly.
e. Section I, A(4).--The Hopi Tribe proposed to add new language at
section I, A(4) ``to provide for the protection, repair, replacement,
construction, or enhancement of public facilities such as utilities,
roads, recreation, and conservation facilities adversely affected by
mining and processing practices.'' This provision is similar to section
403(a)(4) of SMCRA, except that I, A(4) applies to ``mining and
processing practices'' while section 403(a)(4) pertains only to public
facilities adversely affected by coal mining practices (emphasis
added). Also, subsequent to certification, reclamation projects
involving the protection, repair, replacement, construction, or
enhancement of utilities, such as those relating to water supply,
roads, and other facilities that have been adversely affected by mining
and processing practices, and the construction of public facilities in
communities impacted by coal or other mineral mining and processing
practices, are provided for at section 411(e) of SMCRA. Therefore, the
Director finds that section I, A(4) is inconsistent with sections
403(a)(4) and 411(e) of SMCRA. The Director is requiring the Hopi Tribe
to revise
[[Page 17836]]
section I, A(4) to reflect the objectives and priorities concerning
public facilities set forth at section 411(e) of SMCRA.
5. Sections II, A(1), (f) and (h), Coal Reclamation After Certification
a. Section II, A.--Section II, A does not contain provisions
concerning limited liability for coal reclamation activities similar to
the Federal regulations at 30 CFR 874.15. This plan amendment does
provide at proposed section II, E limited liability provisions, which
are viewed by OSM, consistent with the Federal regulations at 30 CFR
Parts 874 and 875, which provide separate and distinct provisions for
coal and noncoal reclamation, including limited liability provisions,
as only applying to noncoal reclamation activities. As provided in
OSM's September 26, 1994, 30 CFR Part 884 issue letter (administrative
record No. HO-145.1), the Hopi Tribe was given the option to adopt
limited liability provisions for coal reclamation activities similar to
the counterpart Federal regulations at 30 CFR 874.15. Because the Hopi
Tribe was given the discretion to determine whether to include in its
plan limited liability provisions for coal reclamation activities, the
Director finds that section II, A is in compliance with 30 CFR Part 875
and approves section II, A without a specific limited liability
provision for coal. The Director cautions the Hopi Tribe, however, that
should any coal projects occur subsequent to the Hopi Tribe's
certification of completion of coal reclamation, the Hopi Tribe AMLR
program may be held liable under Federal law for any costs or damages
as a result of any action or omitted action while carrying out its
approved abandoned mine reclamation plan. The Hopi Tribe may wish to
revise section II, A to extend its limited liability coverage to coal
reclamation projects.
b. Section II, A(1).--Proposed section II, A(1) of the Hopi Tribe
AMLR plan provides that February 2, 1994, is the effective date of the
Hopi Tribe's certification that all known abandoned coal mine problems
had been addressed. This date is actually the date that the Hopi Tribe
submitted to OSM its certification of completion of coal reclamation
with a request for concurrence by the Secretary of the Interior. OSM
approved the Hopi Tribe's certification effective June 9, 1994 (see 59
FR 29721). The Director is not requiring the Hopi Tribe to revise
section II, (A)(1) to reflect the correct effective date because
between February 2, 1994, which is the date of the Hopi Tribe's
submittal, and June 9, 1994, which is the effective date of the
certification, no new coal problems were identified as evidenced by the
lack of public response to the proposed rule Federal Register notice
seeking public participation in the certification process (see 59 FR
29720). Therefore, the Director is taking this opportunity to clarify
that the effective date of the Hopi Tribe's certification of completion
of coal reclamation is June 9, 1994.
Also, proposed section II, A(1) requires the Hopi Tribe to abate
coal problems found after the effective date of certification of
completion of coal reclamation in the first grant cycle following
discovery of any coal problem subject to the availability of funds
distributed to the Hopi Tribe in that cycle. The Director finds that
this requirement is consistent with the requirements at 30 CFR
875.14(b) of the Federal regulations, except that Sec. 875.14(b) also
provides that ``[t]he coal project would be subject to the coal
provisions specified in sections 401 through 410 of SMCRA.'' This
language ensures that should a coal problem occur, a State or Indian
tribe that has certified to the completion of coal reclamation, would
carry out subsequent coal reclamation activities under the State of
Indian tribe authorities relating to coal and not pursuant to noncoal
authority contained in section 411 of SMCRA. Therefore, the Director
approves section II, A(1) to the extent that it requires the Hopi Tribe
to abate any new coal problems that arise after the effective date of
the certification of completion of coal reclamation and requires the
Hopi Tribe to modify section II, A(1) to require that any coal project
would be subject to the provisions of sections 401 through 410 of SMCRA
or otherwise amend its AMLR plan to provide that new coal projects
identified after the effective date of certification would be subject
to the coal provisions of SMCRA.
c. Section II, A(1)(h).--The Hopi Tribe proposed at section II,
A(1)(h) to require that Form OSM-76 be submitted to OSM upon coal
project completion to report accomplishments achieved through the
project. This provision is in compliance with the Federal regulations
at 30 CFR 886.23 to the extent that the Hopi Tribe is required to
submit Form OSM-76 to OSM upon project completion. However, 30 CFR
886.23 also requires the submission of other forms as specified by OSM,
including reporting forms for each grant and any other closeout
reports. The grant document awarding AML funds to a State or Indian
tribe includes a condition requiring the grantee to submit financial
status reports, performance reports, and other such reports according
to the timing, content, and format as required by OSM. Such documents
are signed, not only by the OSM Field Office Director, but also by an
officer of the grantee authorized to accept the award with all its
conditions. Because the grant reporting requirements are attached to
the grant document, the Hopi Tribe AMLR plan appropriately does not
need to provide for reports concerning the grant itself. Therefore, the
Director finds section II, A(1)(h) is in compliance with the Federal
regulations at 30 CFR 886.23 and is not requiring the Hopi Tribe to add
requirements at section II, A(1)(h) concerning reporting information on
other forms specified by OSM. The Director approves section II,
A(1)(h).
6. Sections II, B(1)(d)(ii), (f), and G, Noncoal Reclamation After
Certification
a. Section II, B(1)(d)(ii).--The Hopi Tribe proposed to add
language at section II, B(1)(d)(i) through (iii) to provide criteria
for determining the priority of noncoal reclamation projects and
construction of facilities. The proposed criteria are similar to the
criteria provided in the Federal regulations at 30 CFR 875.15(b)(1)
through (3), except that section II, B(1)(d)(ii) of the Hopi Tribe AMLR
plan includes, as priority 2, the protection of property from the
adverse effects of mineral mining and processing practices. 30 CFR
875.15(b)(2) provides, as priority 2, for the protection of public
health, safety, and general welfare from the adverse effect of mineral
mining and processing practices. The Director finds that section II,
B(1)(d)(ii) of the Hopi Tribe AMLR plan, by including the protection of
property from the adverse effects of noncoal mining as a second level
priority, is not in compliance with the Federal regulations, which
provide for the protection of property from the extreme danger of the
adverse effects of noncoal mining as a level one priority. Therefore,
the Director requires the Hopi Tribe to revise section II, B(1)(d)(ii)
by deleting the word ``property'' or otherwise modify its plan to
provide the same criteria as that at 30 CFR 875.15(b)(2) for priority 2
noncoal reclamation.
b. Section II, B(1)(f).--The Hopi Tribe proposed at section II,
B(1)(f) to provide that where the Chairman of the Hopi Tribe determines
there is a need for activities or construction of specific public
facilities related to the coal or mineral industry on Tribal lands
impacted by coal or mineral development, the Tribe may submit a grant
application to OSM requesting funds to carry out such activities or
[[Page 17837]]
construction. This provision is in compliance with the Federal
regulations at 30 CFR 875.15(d), which allow a State or Indian Tribe to
request funding for a public facility if the Governor of a State or
head of a governing body of an Indian tribe determines there is a need
for the construction of a public facility related to the coal or
minerals industry. 30 CFR 875.15(d) also requires that where a State or
Tribe determines there is a need for activities or construction, the
Director of OSM must concur in that need. As discussed in the preamble
of the final rule Federal Register notice (see 59 FR 28136, 28162-3,
May 31, 1994), OSM, concerned that the AML program not be sidetracked
from its primary mission to reclaim lands and waters damaged by coal
and noncoal mining processes, must determine whether a need exists for
projects involving the construction of facilities pursuant to section
411(f) SMCRA. This determination is an action carried out solely by
OSM, and the State or Tribe is not involved in the determination made
by OSM. Therefore, the Hopi Tribe plan does not need to provide for
this action. The Director approves section II, B(1)(f), and is taking
this opportunity to reiterate that, prior to granting AML funds for
public facility projects proposed under section 411(f) of SMCRA and the
Federal regulations at 30 CFR 875.15(d), OSM's Director will concur
with the Hopi Tribe Chairman's statement of need for such projects.
c. Section II, G.--The Hopi Tribe proposed at section II, G that
Form OSM-76 be submitted to OSM upon noncoal project completion to
report accomplishments achieved through the project. The Director finds
that this provision is in compliance with the Federal regulations at 30
CFR 886.23(b). The Director also notes that the documents awarding
grants require, as a condition of acceptance, certain information to be
reported by the grantee, which complies with the reporting requirements
of 30 CFR 886.23(a). Therefore, the Director approves proposed section
II, G (see finding No. 5(c)).
7. Sections IV, A(1), 2(a)(i), and B(1), Land Acquisition, Management,
and Disposal
a. Section IV, A(1).--The Hopi Tribe proposed to revise section IV,
A(1) to provide, in part, that land adversely affected by coal and
noncoal mining practices, including refuse piles and all coal refuse
piles 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 (emphasis added). This provision
is in compliance with the Federal regulations at 30 CFR 879.11(a) and
(c), concerning lands eligible for acquisition. However, the Federal
regulations at 30 CFR 875.17 extend the land acquisition authority to
noncoal. At section IV, A(1), the Hopi Tribe proposed changing the
phrase ``coal mining practices'' to the phrase ``coal and noncoal
mining practices'' in one instance, but did not change ``coal refuse''
to a term that ensures that refuse on lands adversely affected by
noncoal mining practices may also be acquired under this provision. The
Director approves section IV, A(1), but requires the Hopi Tribe to
revise it by deleting the word ``coal'' from the phrase ``coal refuse
thereon'' to ensure that this provision extends to refuse on land
adversely affected by past noncoal practices.
b. Section IV, A(2)(a)(i).--The Hopi Tribe proposed revisions at
section IV, A(2)(a)(i) concerning appraisals to provide for a
``valuation of the fair market value * * *'' and ``principle of best
and highest use * * *.'' The provisions of section IV, A(2)(a)(i) are
in compliance with the Federal regulations at 30 CFR 879.12 (a) and
(d), except that the language proposed by the Hopi Tribe concerning
fair market value and use is not the same language as that used in the
recognized standards for acquisitions. 30 CFR 879.12(d) requires OSM or
an Indian tribe which acquires land to comply with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of
1970 (URA), 42 U.S.C. 4601, et seq., and 41 CFR Part 114-50. URA
applies to all Federal or federally-assisted activities that involve
the acquisition of real property. The regulations implementing URA are
at 49 CFR Part 24. 49 CFR 24.103 requires that a detailed appraisal
shall reflect nationally recognized standards, including the Uniform
Appraisal Standards for Federal Land Acquisition (see 54 FR 8912, 8934,
March 2, 1989). The ``Uniform Appraisal Standards for Federal
Acquisitions'' handbook, which by reference is the standard required by
the Federal regulations at 30 CFR 879.12, provides for a
``determination of the fair market value'' and ``the principle of
highest and best use.''
Even though the language proposed by the Hopi Tribe at section IV,
A(2)(a)(i) does not use the standardized language for appraisals, the
Director interprets the terms ``valuation of fair market value'' and
``the principle of best and highest use'' as having the same meaning as
the recognized standards for a ``determination of fair market value''
and the ``principle of highest and best use.'' Therefore, the Director
finds section IV, A(2)(a)(i) to be in compliance with the Federal
regulations at 30 CFR 879.12 and approves the proposed revisions.
c. Section IV, B(1).--As proposed, section IV, B(1) provides that
``[l]and acquired under rules of section A of this part Hopi AML
Program and Tribal Council concurrence, for any lawful purpose that is
not inconsistent with the reclamation activities and post-reclamation
uses for which it was acquired.'' The proposed deletion of the phrase
``may be used, pending'' between the phrases ``section A of this part''
and ``Hopi AML Program and Tribal concurrence'' causes the sentence to
become unclear. The counterpart Federal regulations at 30 CFR 879.14
provide the missing language as follows: `` ``[l]and acquired under
this part may be used for any lawful purpose.'' The Director finds that
section IV, B(1) is in compliance with 30 CFR 879.14, and approves the
proposed revisions concerning the references to ``section A'' and
``this part.'' The Director, however, requires the Hopi Tribe to remove
the deletion of the phrase ``may be used, pending.''
8. Section VI, C, Rights of Entry for Emergency Reclamation
The Hopi Tribe proposed to delete existing section VI, C concerning
entry for emergency reclamation. The Federal regulation at 30 CFR
877.14(a) provides for entry by OSM, its agents, employees, or
contractors upon land where an emergency exists and on any other land
to have access to the land where the emergency exists to restore,
reclaim, abate, control, or prevent the adverse effects of coal [and
noncoal as provided by 30 CFR 875.17] mining practices and to do all
things necessary to protect the public health, safety, or general
welfare. The preamble of the final rule for 30 CFR Part 877 (see 47 FR
28574, 28583, June 30, 1982) states that final rule 30 CFR 877.14
concerning emergency reclamation activities applies exclusively to OSM,
its agents, employees, and contractors. In the case of emergency
reclamation on Hopi Indian lands, OSM is the authority because the Hopi
Tribe did not request authority to conduct emergency response
reclamation under the original plan approval (see 53 FR 24262, June 28,
1988) and has not subsequently sought emergency power through the
amendment process. Because the emergency program on Hopi Indian lands
rests exclusively with OSM, the Director finds the deletion of existing
section VI, C of the Hopi Tribe plan to
[[Page 17838]]
be in compliance with the Federal regulations at 30 CFR Part 877.
Therefore, the Director approves the deletion.
9. Section 884.13(f)(2), Description of Aesthetic, Cultural and
Recreational Conditions of the Hopi Reservation
The Hopi Tribe proposed deletion of Sec. 884.13(f)(2), which
provided a description of aesthetic, cultural and recreational
conditions of the Hopi Reservation. The counterpart Federal regulation
at 30 CFR 884.13(f)(2) requires that the reclamation plan include a
general description of the conditions prevailing in different
geographic areas of the Indian lands where reclamation is planned,
including significant esthetic, historic or cultural, and recreational
values. The Hopi Tribe did not provide, in this amendment, a
justification for the proposed deletion. Because 30 CFR 884.13(f) is a
specific requirement for information that shall be included in a State
or Tribe reclamation plan, the Director finds that the proposed
deletion of Sec. 884.13(f)(2) of the Hopi Tribe plan is not in
compliance with the Federal regulation at 30 CFR 884.13(f)(2). The
Director, therefore, requires the Hopi Tribe to remove its proposed
deletion of Sec. 884.13(f)(2) or otherwise provide the information
required by 30 CFR 884.13(f)(2) in its reclamation plan.
IV. 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. Federal 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 Hopi Tribe plan (administrative
record Nos. HO-149 and 152).
The State Historic Preservation Office for the State of Arizona
responded on January 9, 1996, that the amendment had been reviewed and
stated that the proposed changes did not pertain to cultural resource
preservation (administrative record No. HO-151).
V. Director's Decision
Based on the above findings, the Director approves, with certain
exceptions and additional requirements, the Hopi Tribe's proposed plan
amendment as submitted on November 2, 1995.
With the requirement that the Hopi Tribe further revise its plan
provisions, the Director does not approve, as discussed in:
(1) finding No. 4(a), Part I, concerning the purpose of the Hopi
Tribe plan; finding No. 4(d), section I, A(3), concerning facilities
related to water supplies; and finding No. 4(e), section I, A(4),
concerning public facilities projects;
(2) finding No. 6(a), section II, B(1)(d)(ii), concerning the
priority 2 noncoal reclamation activities; and
(3) finding No. 9, Sec. 884.13(f)(2), concerning proposed deletion
of provisions related to a description of aesthetic, cultural and
recreational conditions of the Hopi Reservation.
The Director approves, as discussed in:
(1) finding No. 1, the Table of Contents, concerning the title of
Part II and List of Appendices; List of Addenda and Errata, concerning
the title; List of Figures, concerning the title of Figure 4 and
deletion of Figure 5; Chairman's Letter of Designation and Hopi Tribe
Resolution, concerning the designation of the Tribal agency authorized
to administer the approved plan; Opinion of Legal Counsel, concerning
the authority of the designated agency to conduct the AMLR program in
accordance with the requirements of Title IV of SMCRA; Part III,
concerning coordination of Tribal AML programs with other programs;
sections IV, A(2) (c), (d), (e), B(2), and C, concerning land
acquisition, management, and disposal; Part V and Figures 1 and 2,
concerning reclamation on private land; sections VI, A, B, and C,
concerning rights of entry; Part VII, concerning the Hopi DNR policy on
public participation; Part VIII and Figure 4, concerning organization
of the Hopi Tribe; Part IX, concerning personnel staffing policies;
Part X, concerning purchasing and procurement; Part XI, concerning
management accounting; deletion of sections 884.13(e) (1), (2), and
(3), concerning the purpose of Hopi Tribe reclamation plan and criteria
for ranking and identifying projects; Part XIII, concerning flora and
fauna; Appendices 1 through 12, concerning the addition of cover pages;
Appendix 7, concerning the title of the appendix; a memorandum from the
Assistant General Counsel/Legislative Counsel to DNR dated May 18,
1995, concerning the elimination of Title IV from the draft Hopi Code
Mining Ordinance; Hopi Tribal Council Resolution H-134-89, adopted
August 29, 1989; and a memorandum from the Hopi Tribe Office of
Financial Management to DNR dated September 7, 1995, concerning
purchasing procedures;
(2) finding No. 2, preface to the amended reclamation plan,
concerning program goals and objectives and eligible projects; section
I, B, concerning the designation of administrative authority; section
I, C, concerning reclamation priorities; sections I, C (4) and (5),
concerning deletion of existing C(4) and recodification of C (5) and
(6) as C (4) and (5); section I, C, concerning deletion of allocation
of funds provisions; sections II, A(1) (a) through (f), concerning
eligible coal lands and water; section II, A(1)(g), concerning
contractor responsibility; sections II, B(1) (a) and (b), concerning
eligible lands and water subsequent to certification; sections II,
B(1)(c), (d) (i) and (iii), (e), and (g), concerning reclamation
priorities for noncoal program; sections II, C through F, concerning
exclusion of certain noncoal reclamation sites, noncoal land
acquisition authority, limited liability, and contractor
responsibility; section II, H, concerning description of needs,
proposed construction and activities, and deletion of ranking and
selection of noncoal reclamation projects and Table I, Comprehensive/
Problem Evaluation Matrix; section IV, 2(b), concerning lands eligible
for acquisition; Part XII, concerning economic conditions of the Hopi
Reservation; and Appendix 1, concerning the amended constitution and
by-laws of the Hopi Tribe;
(3) finding No. 3, preface to the amended reclamation plan,
concerning the introductory paragraph;
(4) finding No. 4(b), section I, A(1), concerning the protection of
the health, safety, and general welfare of members of the Hopi Tribe
and finding No. 4(c), concerning the restoration of land and water
resources;
(5) finding No. 5(a), section II, A, concerning limited liability
provisions for coal reclamation activities and finding No. 5(c),
section II, A(1)(h), concerning reports;
(6) finding No. 6(b), section II, B(1)(f), concerning the need for
activities or construction of specific public facilities related to the
coal or mineral industry on Tribal lands impacted by coal or mineral
development and finding No. 6(c), section II, G, concerning reports;
(7) finding No. 7(b), section IV, A(2)(a)(i) concerning appraisals;
and
(8) finding No. 8, section VI, C, concerning entry for emergency
reclamation.
[[Page 17839]]
With the requirement that the Hopi Tribe further revise its plan
provisions, the Director approves, as discussed in:
(1) finding No. 5(b), section II, A(1), concerning the abatement of
any new coal problems that arise after the effective date of the
certification of completion of coal reclamation;
(2) finding No. 7(a), section IV, A(1), concerning the acquisition
of lands by the Hopi Tribe; and
(3) finding No. 7(c), section IV, B(1), concerning management of
acquired lands.
The Director approves the plan provisions as proposed by the Hopi
Tribe with the provision that they be fully promulgated in identical
form to the plan provisions submitted to and reviewed by OSM and the
public.
The Federal regulations at 30 CFR Part 756.17, codifying decisions
concerning the Hopi Tribe plan, are being amended to implement this
decision. This final rule is being made effective immediately to
expedite the Tribe plan amendment process and to encourage Tribes to
bring their plans into conformity with the Federal standards without
undue delay. Consistency of Tribe and Federal standards is required by
SMCRA
VI. 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.).
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: April 16, 1996.
Russell F. Price,
Acting Regional Director, Western Regional Coordinating 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 756.17 is revised to read as follows:
Sec. 756.17 Approval of the Hopi Tribe's Abandoned Mine Land
Reclamation Plan Amendments.
The following amendments to the Hopi Tribe's abandoned mine land
reclamation plan are approved.
(a) The Hopi Tribe certification of completion of coal reclamation,
as submitted on February 2, 1994, is approved effective June 9, 1994.
(b) With the exceptions of Part I, concerning the purpose of the
Hopi tribe plan; section I, A(3) concerning facilities related to water
supplies; section I, A(4), concerning public facilities projects;
section II, B(1)(d)(ii), concerning the protection of property; and
section 884.13(f)(2), concerning a description of aesthetic, cultural
and recreational conditions of the Hopi Reservation, revisions to and
additions of the following plan provisions, as submitted to OSM on
November 2, 1995, are approved effective April 23, 1996.
Table of Contents--Title of Part II and List of Appendices;
List of Addenda and Errata--Title for this part;
List of Figures--Title of Figure 4 and deletion of Figure 5;
Preface to Amended Reclamation Plan--Introductory paragraph,
program goals and objectives, and eligible projects;
Chairman's Letter of Designation and Hopi Tribe Resolution--
Designation of Tribal agency authorized to administer approved plan;
Opinion of Legal Counsel--Authority of designated agency to
conduct the AMLR program in accordance with the requirements of
Title IV of SMCRA;
Section I, A(1)--Protection of the health, safety, and general
welfare of members of the Hopi Tribe;
Section I, A(2)--Restoration of land and water resources;
Section I, B--Designation of administrative authority;
Section I, C--Reclamation priorities;
Sections I, C (4) and (5)--Deletion of existing C(4) and
recodification of C(5) and (6) as C(4) and (5);
Section I, C--Deletion of allocation of funds provisions;
Section II, A--[Lack of] Limited liability provision for coal;
Section II, A(1)--Abatement of any new coal problems that arise
after the effective date of the certification of completion of coal
reclamation;
Sections II, A(1) (a) through (f)--Eligible coal lands and
water;
Section II, (A)(1)(g)--Contractor responsibility;
Section II, A(1)(h)--Reports;
Sections II, B(1) (a) and (b)--Eligible lands and water
subsequent to certification;
Sections II, B(1)(c), (d) (i) and (iii), (e), and (g)--
Reclamation priorities for noncoal program;
Section II, B(1)(f)--Need for activities or construction of
specific public facilities related to the coal or mineral industry
on Tribal lands impacted by coal or mineral development;
Section II, G--Reports;
Sections II, C through F--Exclusion of certain noncoal
reclamation sites, noncoal land acquisition authority, limited
liability, and contractor responsibility;
[[Page 17840]]
Section II, H and [deletion of] ranking and selection of noncoal
reclamation projects and Table I, Comprehensive/Problem Evaluation
Matrix--Description of needs, proposed construction and activities;
Part III--Coordination of Tribal AML programs with other
programs;
Section IV, A(1)--Acquisition of lands by the Hopi Tribe;
Section IV, A(2)(a)(i)--Appraisals;
Section IV, A(2)(b)--Lands eligible for acquisition;
Sections IV, A(2) (c), (d), (e), B(2), and C--Land acquisition,
management, and disposal;
Section IV, B(1)--Management of acquired lands;
Part V and Figures 1 and 2--Reclamation on private land;
Section VI, A, B, and C--Rights of entry;
Deletion of section VI, C--Entry for emergency reclamation;
Part VII--Hopi Department of Natural Resources (DNR) policy on
public participation;
Part VIII and Figure 4--Organization of the Hopi Tribe;
Part IX--Personnel staffing policies;
Part X--Purchasing and procurement;
Part XI--Management accounting;
[Deletion of] sections 884.13(e) (1), (2), and (3)--Purpose of
Hopi Tribe plan and criteria for ranking and identifying projects;
Part XII--Economic conditions of the Hopi Reservation;
Part XIII--Flora and fauna;
Appendices 1 through 12--Addition of cover pages;
Appendix 1--Constitution and By-Laws of the Hopi Tribe, as
amended;
Appendix 7--Title of the appendix;
Memorandum from the Assistant General Counsel/Legislation
Counsel to DNR dated May 18, 1995--Elimination of Title IV from the
draft Hopi Code Mining Ordinance;
Hopi Tribal Council Resolution H-134-89, adopted August 29,
1989; and
Memorandum from the Hopi Tribe Office of Financial Management to
DNR dated September 7, 1995--Purchasing procedures.
3. Section 756.18 is amended by adding paragraphs (a) through (h)
to read as follows:
Sec. 756.18 Required amendments to the Hopi Tribe's Abandoned Mine
Land Reclamation Plan.
* * * * *
(a) By June 24, 1996, the Hopi Tribe shall revise the introductory
paragraph at Part I, or otherwise revise the purpose of the Hopi Tribe
plan, to provide separate and distinct provisions for coal and noncoal
reclamation activities to be consistent with sections 403 and 411 of
SMCRA and in compliance with the Federal regulations at 30 CFR Parts
874 and 875 in order to properly reflect the objectives and priorities
for expenditures of monies from the abandoned mine land fund.
(b) By June 24, 1996, the Hopi Tribe shall delete section I, A(3)
and recodify any subsequent paragraphs accordingly, or otherwise revise
the Hopi Tribe plan, to provide appropriate provisions subsequent to
the certification of completion of coal reclamation.
(c) By June 24, 1996, the Hopi Tribe shall revise Section I, A(4),
or otherwise revise the Hopi Tribe plan, to require the same objectives
and priorities concerning public facilities as set forth at section
411(e) of SMCRA.
(d) By June 24, 1996, the Hopi Tribe shall revise Section II, A(1),
or otherwise revise the Hopi Tribe plan, to require that any coal
reclamation activities subsequent to certification of completion of
coal reclamation are subject to the provisions of sections 401 through
410 of SMCRA.
(e) By June 24, 1996, the Hopi Tribe shall revise Section II,
B(1)(d)(ii) by deleting the word ``property'' for priority 2 noncoal
reclamation, or otherwise revise the Hopi Tribe plan to provide for the
protection of public health, safety, and general welfare from the
adverse effects of mineral mining and processing practices.
(f) By June 24, 1996, the Hopi Tribe shall revise Section IV, A(1)
by deleting the word ``coal'' from the phrase ``coal refuse thereon,''
or otherwise revise the Hopi Tribe plan to ensure that lands eligible
for acquisition include those on which refuse from both coal and
noncoal mining practices are located.
(g) By June 24, 1996, the Hopi Tribe shall revise Section IV, B(1)
by reinstating the phrase ``may be used, pending.''
(h) By June 24, 1996, the Hopi Tribe shall revise the Hopi Tribe
plan by reinstating Section 884.13(f)(2), or otherwise modify its plan
to include information concerning significant esthetic, historic or
cultural, and recreational values.
[FR Doc. 96-9938 Filed 4-22-96; 8:45 am]
BILLING CODE 4310-05-M
