[Federal Register Volume 59, Number 72 (Thursday, April 14, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-8917] [[Page Unknown]] [Federal Register: April 14, 1994] ======================================================================= ----------------------------------------------------------------------- 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: Proposed rule; public comment period and opportunity for public hearing. ----------------------------------------------------------------------- SUMMARY: OSM is announcing receipt of a request from the Hopi Tribe regarding its AMLR plan (hereinafter, the ``Hopi Tribe plan'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The Tribe has requested the concurrence of the Secretary of the Department of the Interior with its certification of completion of coal reclamation under the Hopi Tribe plan. If the Secretary concurs with the certification, the Hopi Tribe intends to request AMLR funds for construction of public facilities in areas of the Hopi Reservation impacted by coal development, mining, or processing. DATES: Written comments must be received by 4 p.m., m.d.t. on May 16, 1994. If requested, a public hearing on the Tribe's request will be held on May 9, 1994. Requests to present oral testimony at the hearing must be received by 4 p.m., m.d.t. on April 29, 1994. 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. ADDRESSES: Written comments should be mailed or hand delivered to Robert H. Hagen at the address listed below. Copies of the Hopi Tribe plan, the Tribe's request, 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 Tribe's request by contacting OSM's Albuquerque Field Office. Robert H. Hagen, Director, Albuquerque Field Office, Office of Surface Mining Reclamation and Enforcement, 505 Marquette Avenue, NW., suite 1200, Albuquerque, New Mexico 87102, Telephone: (505) 766-1486. Hopi Abandoned Mine Land Program, The Hopi Tribe, Hopi Tribal Complex, Kykotsmovi, Arizona 86039. FOR FURTHER INFORMATION CONTACT: Robert H. Hagen, Telephone: (505) 766-1486. SUPPLEMENTARY INFORMATION: I. Background on Title IV of SMCRA. II. Background on the Hopi Tribe Plan. III. Discussion of Proposed Action. IV. Public Comment Procedures. V. Procedural Determinations. VI. List of Subjects in 30 CFR Part 756. 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 waters 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 of the Interior adopted regulations in 30 CFR parts 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 the provisions of Title IV. After making such a determination, the Secretary decided whether to approve the State or Tribe program and 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, Navajo, and Hopi Tribes 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. 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. Discussion of Proposed Action By letter dated February 2, 1994, the Chairman and Chief Executive Officer of the Hopi Tribe notified the Secretary of the Interior 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-002-FOR). IV. Public Comment Procedures In accordance with section 411 of SMCRA, OSM is seeking public comments and information concerning any known or suspected unreclaimed lands and water resources on Hopi lands that may have been adversely affected 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. Should the Secretary concur with the certification, the Tribe intends to request, in accordance with 30 CFR part 886, AMLR funding for the construction of public facilities as provided under sections 411 (e) and (f) of SMCRA. If no past coal mining problems eligible for funding under section 404 of SMCRA are identified through this process, the Secretary intends to concur with the Tribe's certification. If, after the Secretary's concurrence, a coal problem occurs or is identified, the Tribe would have to seek immediate funding for reclaiming the coal-related problem. 1. Written Comments Written comments should be specific, pertain only to the Hopi Tribe's request for certification of completion of coal reclamation, 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 p.m., m.d.t. on April 29, 1994. 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 Tribe's request 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. V. 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. List of Subjects in 30 CFR Part 756 Indian lands, Abandoned Mine Land Reclamation Program. Dated: April 7, 1994. Raymond L. Lowrie, Assistant Director, Western Support Center. [FR Doc. 94-8917 Filed 4-13-94; 8:45 am] BILLING CODE 4310-05-M