[Federal Register Volume 59, Number 186 (Tuesday, September 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23829]


[[Page Unknown]]

[Federal Register: September 27, 1994]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 756

 

Navajo Nation Abandoned Mine Land Reclamation (AMLR) Plan

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 
Interior.

ACTION: Final rule; approval of amendment and concurrence with 
certification of completion of coal reclamation.

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SUMMARY: Under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA), OSM is approving a proposed amendment to the Navajo Nation's 
AMLR plan (hereinafter referred to as the ``Navajo Nation plan'') and, 
on behalf of the Secretary of the Interior, in concurring with the 
Navajo Nation's certification that the Navajo Nation has abated or 
reclaimed all coal-related AML problems on its lands under the Navajo 
Nation plan. The amendment, which the Navajo Nation proposed in order 
for its plan to meet the requirements of the Federal regulations and 
SMCRA, to clarify ambiguities, and to improve operational efficiency, 
consists of statute and rule revisions pertaining to reclamation of 
interim program abandoned coal mines, coal priorities, certification of 
completion of coal reclamation, establishment of a noncoal reclamation 
program subsequent to certification including the authority to 
undertake community impact assistance and public facilities projects, 
and creation of a future reclamation set-aside fund. OSM's concurrence 
with the Navajo Nation's certification of the completion of all coal-
related problems, which was requested by the President of the Navajo 
Nation, means that the Navajo Nation is now authorized to use monies 
from the Navajo Abandoned Mine Reclamation (AMR) fund for noncoal 
reclamation purposes, including the construction of public facilities.

EFFECTIVE DATE: September 27, 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 establishes an AMLR program for the purposes of 
reclaiming and restoring lands and waters adversely affected by past 
mining. It also provides for Tribal or State submittal to OSM of an 
AMLR plan. The Secretary of the Interior adopted regulations in 30 CFR 
870 through 888 that implement Title IV of SMCRA. Under these 
regulations, the Secretary reviewed the Tribe's or State's AMLR plan 
and solicited and considered comments of State and Federal agencies and 
the public. Based upon the comments received, the Secretary determined 
whether a Tribe or State 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 Tribe or 
State AMLR plan. Approval granted the Tribe or State exclusive 
authority to administer its approved plan.
    Following approval of a Tribe's or State's AMLR plan by the 
Secretary, an application may be submitted to OSM by a Tribe or State 
on an annual basis for funds to be expended by that Tribe or State on 
specific projects necessary to implement the approved plan. Such annual 
grant applications are reviewed and approved by OSM in accordance with 
the requirements of 30 CFR 886.
    The Federal Abandoned Mine Reclamation Fund (Federal Fund), which 
is administered by the Secretary through OSM, is financed by a 
reclamation fee assessed on every ton of mined coal. Expenditures from 
the Federal Fund are subject to appropriation by Congress. The Federal 
Fund is divided into Tribal or State and Federal shares with each 
Indian tribe or State under a federally approved reclamation program 
entitled to 50 percent of the reclamation fees collected from coal 
operations on Indian lands or within the State. Annually, the Indian 
tribes or States receive reclamation project construction grants and 
administrative grants from their share of the Federal Fund. Subject to 
OSM approval, Tribes and States are also authorized to create special 
interest-bearing Tribe or State trust accounts into which up to 10 
percent of their annual grants can be deposited. These ``set-aside'' 
accounts may be used to achieve the priorities of section 403(a) of 
SMCRA after September 30, 1995, or be deposited into an acid mine 
drainage abatement and treatment fund.
    Noncoal AMLR projects can be undertaken by a Tribe or State under 
two scenarios, both of which are subject to OSM approval in the grants 
process. Prior to a Tribe or State certifying in accordance with 
section 411(a) of SMCRA that it has completed the reclamation of all 
eligible abandoned coal projects, it can expend Tribal or State share 
monies for those noncoal projects that are a hazard to public health 
and safety. After a Tribe or State has certified that it has completed 
reclamation of all eligible abandoned coal projects, it can then use 
the full amount of its Tribal or State share for abandoned noncoal mine 
land reclamation projects. Such noncoal projects include the 
construction of public facilities related to the coal or minerals 
industry.

II. Background on the Navajo Nation Plan

    On May 16, 1988, the Secretary of the Interior approved, with one 
exception, the Navajo Nation plan as originally submitted in June 1983, 
resubmitted on September 6, 1983, and amended in February 1988. General 
background information on the Navajo Nation plan, including the 
Secretary's findings, the disposition of comments, the decision 
deferring any action on the Navajo Nation's proposal to assume the 
emergency response authority, and the approval of the Navajo Nation 
plan can be found in the May 16, 1988, Federal Register (53 FR 17186). 
Approval of the Navajo Nation plan is codified at 30 CFR 756.13.

III. Proposed Amendment and Request for Concurrence With Certification 
of Completion of Coal Reclamation

    By letters dated April 7 and 22, 1994, the Navajo Nation submitted 
a proposed amendment to its AMLR plan pursuant to SMCRA (administrative 
record Nos. NA-207, NA-208, and NA-212). The Navajo Nation submitted 
the proposed amendment at its own initiative with the intent of 
revising its AMLR plan so it could use AMR funds to reclaim remaining 
interim program coal sites and for noncoal reclamation purposes, 
including the construction of public facilities. Interim program coal 
sites are eligible lands and water mined after August 3, 1977, but 
prior to September 28, 1984 (the date the permanent Federal regulatory 
program took effect on Navajo Nation lands), for which available funds 
for reclamation or abatement pursuant to a bond or other form of 
financial guarantee or from any other source are not sufficient to 
provide for adequate abatement or reclamation at a site.
    The Navajo Nation proposed revisions to its AMLR Code of 1987 at 
(1) the introduction to the Navajo AMLR Code; (2) Title I, section 101, 
findings, and section 102, purposes; (3) Title II, sections 201(a), 
(b), (c) and (d), duties of the Navajo Abandoned Mine Lands Reclamation 
Department (NAMLRD); and (4) Title IV, sections 401(a), (b)(5), (b)(6), 
(c)(5) and (c)(8), Navajo AMR fund and purposes; section 402, 
reclamation fee; sections 403(a) and (b), objectives of the fund; 
section 404, eligible lands and water; sections 405(a), (b), (c), and 
(f), Tribal reclamation program; section 407, acquisition and 
reclamation of lands within the Navajo Nation adversely affected by 
past mining practices; section 408, liens; section 409, filling voids 
and sealing tunnels; section 410, emergency powers; section 411, 
certification of completion of coal reclamation; section 412, fund 
report; section 413, miscellaneous powers; and section 414, interagency 
cooperation.
    The Navajo Nation also proposed revisions to the Navajo Nation 
Rules implementing the AMLR Code of 1987 at (1) section II, Part D, 
subsections 1 and 2, reclamation priorities; Part L, subsections 1 and 
2, general reclamation requirements; Part M, subsections 1 and 2, 
certification of completion of coal reclamation; Part N, subsection 1, 
eligible lands and water subsequent to certification; Part O, 
subsection 1, exclusion of noncoal reclamation sites; Part P, 
subsections 1, 2, and 3, utilities and other facilities, and (2) 
section III, Part E, subsection 1, future reclamation set-aside 
program.
    In addition, by letter dated May 4, 1994, the President of the 
Navajo Nation notified the Secretary of the Interior that the Navajo 
Nation was certifying that it had completed all of its coal reclamation 
projects (administrative record No. NA-213) and stated that NAMLRD 
intends to complete all remaining priority 1 and 2 coal reclamation 
projects, including interim coal reclamation projects, as required by 
section 403(a) of SMCRA. Reclamation projects are funded under a 
priority schedule, such that ``priority 1'' projects concern those that 
involve the protection of public health, safety, general welfare and 
property from extreme danger of the adverse effects of coal mining 
practices while ``priority 2'' projects concern those that involve 
protection of public health, safety, and general welfare from adverse 
effects of coal mining practices. The Navajo Nation submitted the 
request for the Secretary's concurrence with certification of 
completion of all known coal-related problems with the intent that, if 
the Secretary concurred with the certification, the Nation would 
request AMR funds to pursue projects under the provisions of section 
411 of SMCRA.
    OSM announced receipt of the proposed amendment and the Navajo 
Nation's request for the Secretary's concurrence with its certification 
of completion of coal reclamation in the May 18, 1994, Federal Register 
(59 FR 25852, administrative record No. NA-214), provided an 
opportunity for a public hearing or meeting and public comment on the 
substantive adequacy of the Navajo Nation's proposed amendment and 
certification, and requested information concerning any known or 
suspected unreclaimed lands and water resources on Navajo Nation lands 
that would be eligible for expenditures from the AMR fund under the 
provisions of the Navajo Nation's reclamation program. Because no one 
requested a public hearing or meeting, none was held. The public 
comment period ended on June 17, 1994.

IV. Director's Findings

1. The Navajo Nation Plan

    As discussed below, the Director of OSM, in accordance with SMCRA 
and 30 CFR 756.1, 884.15, and 884.14, finds that the proposed AMLR plan 
amendment submitted by the Navajo Nation on April 7 and 22, 1994, meets 
the requirements of SMCRA and the Federal regulations at 30 CFR 884.14. 
Accordingly, the Director approves the proposed amendment.
a. Nonsubstantive Revisions to the Navajo Nation AMLR Code of 1987
    The Navajo Nation proposed revisions to the following previously-
approved provisions of its code that are nonsubstantive in nature and 
consist of (1) minor editorial, grammatical, and punctuation changes, 
(2) recodification, (3) using the term ``Nation'' rather than 
``Tribal'' or ``Tribe of Indians'' when referring to the Navajo Nation 
and the terms ``Navajo Abandoned Mine Reclamation Program'' and 
``Navajo Abandoned Mine Reclamation Plan'' for the Navajo Nation's 
reclamation program and plan, and (4) clarifying the duties and 
responsibilities of NAMLRD, Division of Natural Resources, and Office 
of Navajo Land Administration in administering the AMLR plan for the 
Navajo Nation (corresponding SMCRA provisions are listed in 
parentheses):

    Introduction (introduction of SMCRA),
    Title I, section 101, Findings (Title I, section 101 of SMCRA),
    Title I, section 102, Purposes (Title I, section 102 of SMCRA),
    Title II, sections 201(a), (c) and (d), Duties of NAMLRD (Title 
II, section 201 and Title IV, section 405(1) of SMCRA),
    Title IV, sections 401(a) and (b)(6), Navajo Abandoned Mine 
Reclamation Fund and Purposes (Title IV, sections 401(a) and (b) of 
SMCRA),
    Title IV, section 402, Reclamation Fee (Title IV, section 402 of 
SMCRA),
    Title IV, sections 403(a)(4), (5) and (6), Objectives of Fund 
(Title IV, section 403(a) of SMCRA),
    Title IV, sections 405(a), (b), (c), and (f), Tribal Reclamation 
Program (Title IV, sections 405(b), (e), and (i) of SMCRA),
    Title IV, sections 407(a), (c), (c)(3), and (d) through (h), 
Acquisition and Reclamation of Lands Within the Navajo Nation 
Adversely Affected by Past Mining Practices (Title IV, section 407 
of SMCRA),
    Title IV, section 408(a), Liens (Title IV, section 408 of 
SMCRA),
    Title IV, sections 409(a) and (d), Filling Voids and Sealing 
Tunnels (Title IV, sections 409(a) and (e) of SMCRA),
    Title IV, section 412, Fund Report (Title IV, section 412 of 
SMCRA), and
    Title IV, sections 413(b) through (e), Miscellaneous Powers 
(Title IV, section 413 of SMCRA).

    Because the proposed revisions to these previously-approved 
provisions of the code are nonsubstantive in nature, the Director finds 
that the proposed revisions meet the requirements of SMCRA. 
Accordingly, the Director approves the proposed revisions to these 
provisions of the Navajo Nation AMLR Code of 1987.
    b. Substantive Revisions to the Navajo Nation AMLR Code of 1987 and 
Navajo Nation Rules Implementing the Code That Are Substantively 
Identical to the Corresponding Provisions of SMCRA and the Federal 
Regulations
    The Navajo Nation proposed revisions to the following sections of 
its code and rules that are substantive in nature and contain language 
that is substantively identical to the requirements of the 
corresponding SMCRA and Federal regulation provisions (listed in 
parentheses).
    Navajo Nation AMLR Code of 1987:

    Title II, section 201(b), Duties of NAMLRD (Title II, section 
201 of SMCRA),
    Title IV, sections 401(c)(5) and (8), Navajo Abandoned Mine 
Reclamation Fund and Purposes (Title IV, section 401(c) of SMCRA),
    Title IV, sections 403(a) and (b) and deletion of (a)(4), 
Objectives of Fund (Title, sections 403(a) and (c) of SMCRA),
    Title IV, section 404, Eligible Lands and Water (Title IV, 
section 404 of SMCRA,
    Title IV, section 409(b), Filling Voids and Sealing Tunnels 
(Title IV, section 409(c) of SMCRA), and
    Title IV, section 411, Certification [of Completion of Coal 
Reclamation] (Title IV, section 411 of SMCRA).

    Navajo Nation Rules:

    II(D)(1) and (2), Reclamation Priorities (Title IV, sections 
403(a) and 411(c) of SMCRA and 30 CFR 874.13 and 875.15),
    II(L)(1)(a) through (c) and (e) through (g) and (2), General 
Reclamation Requirements (Title IV, sections 404 and 411(b) of SMCRA 
and 30 CFR 874.12 and 875.12),
    II(M)(1) and (2), Certification of Completion of Coal 
Reclamation (Title IV, Sections 411(a) and (f) of SMCRA and 30 CFR 
875.13 and 875.15),
    II(N)(1), Eligible Lands and Water Subsequent to Certification 
(Title IV, section 411(b) of SMCRA and 30 CFR 875.14),
    II(O)(1), Exclusion of Noncoal Reclamation Sites (Title IV, 
section 411(d) of SMCRA and 30 CFR 875.16),
    II(P)(1), (2), and (3), Utilities and Other Facilities (Title 
IV, section 411(e) of SMCRA and 30 CFR 875.15), and
    III(E)(1), Future Reclamation Set-Aside Program (Title IV, 
section 402(g)(6) of SMCRA and 30 CFR 873.12).

    Because the proposed revisions to these sections of the code and 
rules are substantively identical to the corresponding provisions of 
SMCRA and the Federal regulations, the Director finds that the proposed 
revisions meet the requirements of SMCRA and the implementing Federal 
regulations. Accordingly, the Director approves the proposed revisions 
to these sections of the Navajo Nation AMLR Code of 1987 and the 
implementing Navajo Nation Rules.
c. Title IV. Section 401(b)(5), Interest Credited to the AMR Fund
    The Navajo Nation proposed new language in its AMLR Code of 1987 at 
Title IV, section 401(b)(5) to provide that the Navajo AMR Fund shall 
consist, in part, of amounts derived from ``interest credited to the 
fund under subsection (e) of section 401 of SMCRA.''
    Section 401(e) of SMCRA provides that interest can be earned on 
that portion of the Federal AMR Fund (administered by the Secretary) 
not required to meet current withdrawals. Interest earned on the 
invested portion of the Federal Fund is distributed only to the 
Secretarial share of the Federal Fund. Therefore, none of the interest 
earned on the invested portion of the Federal Fund is distributed to 
any portion of the Tribal or State share of the Federal Fund which each 
Tribe or State receives in annual grants as provided at 30 CFR 886. 
Section 401(e) of SMCRA does not restrict a Tribe or State from earning 
interest on the AMR fund created by a Tribe or State as part of its 
AMLR program.
    Title IV, section 401(b)(5) of the Navajo Nation AMLR Code of 1987 
is interpreted to mean that the interest credited to the Navajo AMR 
fund is not the interest earned on the Federal Fund but is limited to 
interest credited from the deposit of other monies as provided in the 
Navajo Nation AMLR Code of 1987 by sections 401(b)(2), (3), (4), and 
(6) which include reclamation fees, user charges, donations, recovered 
monies, and other reclamation fees lawfully imposed by the Navajo 
Nation. The Director approves proposed section 401(b)(5) of the Navajo 
Nation AMLR Code of 1987 with the understanding that the interest 
earned is limited to the aforementioned monies deposited to the Navajo 
AMR fund.
d. Title IV, Section 410, Emergency Powers
    The Navajo Nation proposed deletion of its emergency powers 
provisions at Title IV, section 410 of its AMLR Code of 1987. Deletion 
of these provisions is consistent with the approval of the Navajo 
Nation's AMLR plan (53 FR 17186, 17190; May 16, 1988) where the 
Secretary deferred decision on the emergency response program pending 
additional documentation addressing the specific criteria concerning 
assumption of emergency response authority. Because the Navajo Nation 
did not submit such additional documentation, the emergency powers 
program was never approved. The Director, therefore, approves deletion 
of the provisions for emergency powers at section 410 of the Navajo 
Nation AMLR Code of 1987 and notes that it is the Navajo Nation's 
intent to delete all references to emergency powers within its AMLR 
Code of 1987.
e. Title IV, Section 414, Interagency Cooperation
    The Navajo Nation proposed new language in its AMLR Code of 1987 at 
Title IV, section 414 to provide for interagency cooperation in 
implementing and administering the provisions of the Navajo Nation plan 
``where such cooperation does not conflict with existing Navajo Nation 
and/or applicable federal laws.'' Section 413(a) of SMCRA provides, in 
part, that a Tribe has the authority to engage in any work and to do 
all things necessary or expedient to implement and administer the 
provisions of Title IV. Therefore, the limitation of interagency 
cooperation to instances where no conflict with existing Navajo Nation 
or applicable Federal laws occur meets the requirements of section 413 
of SMCRA. Accordingly, the Director approves section 414 of the Navajo 
Nation AMLR Code of 1987.
    OSM notes that the Navajo Nation plan provides the authority for 
the Tribe to conduct a reclamation program on Navajo (Indian) lands as 
that term is defined in section 701(9) of SMCRA. Indian lands occur 
within and outside traditional reservation boundaries. Although there 
may be jurisdictional limitations to the Navajo Nation's authority to 
undertake certain reclamation actions outside the reservation, the 
Navajo Nation plan presents a variety of reclamation procedures and 
activities which would allow the Tribe to undertake its reclamation 
program without violating the jurisdictional rights of other parties. 
Because certain lands within the boundaries of the Navajo Nation 
Reservation are ``disputed lands'' and other lands are under the 
control of the Office of the Navajo and Hopi Indian Relocation, it is 
understood by OSM that any reclamation or abatement action proposed by 
the Navajo Nation will be coordinated with and due consideration given 
to concerns raised by all parties asserting ownership of these lands.
f. Navajo Nation II(L)(1)(d), Interim Program Coal Sites
    The Navajo Nation proposed the addition of provisions in its Navajo 
Nation Rules at II(L)(1)(d) that address interim program coal sites.
    Section 402(g)(4) of SMCRA provides for the reclamation of interim 
coal program sites and further provides that sections 403(a) (1) and 
(2) of SMCRA determine which sites to reclaim.
    The Navajo Nation does not have a statutory requirement that 
addresses reclamation of interim program coal sites. OSM acknowledges 
that the Navajo Nation has submitted a grant application in accordance 
with the provisions of 30 CFR 886 to fund reclamation of all remaining 
priority 1 and 2 abandoned coal mine sites, including interim program 
coal reclamation projects, as required by section 403(a) of SMCRA. The 
Navajo Nation has also demonstrated to OSM's satisfaction that the 
Navajo Nation AMR fund contains enough monies in reserve to address 
reclamation of the remaining sites. On this basis and upon approval of 
the proposed plan amendment that is the subject of this notice, OSM 
will begin reviewing the pending grant application. OSM also 
understands that the Navajo Nation is in the process of revising its 
AMLR Code of 1987 to provide for the reclamation of interim program 
coal sites. The Director, therefore, approves the Navajo Nation's 
proposed rule at section II, Part L, subsection 1(d) addressing interim 
program coal reclamation.

2. Request for Concurrence With Certification of Completion of Coal 
Reclamation

    The President of the Navajo Nation notified the Secretary of the 
Interior that the Navajo Nation certifies to the completion of all its 
coal reclamation projects. Section 411(a) of SMCRA provides that the 
head of an Indian tribe may certify to the Secretary that all of the 
priorities stated in section 403(a) of SMCRA for eligible lands and 
water have been achieved and that the Secretary, after notice in the 
Federal Register and opportunity for public comment, shall concur with 
such certification if the Secretary determines that such certification 
is correct.
    Since the Secretary's approval of the Navajo Nation plan, the 
Navajo Nation has conducted reclamation to correct or mitigate problems 
caused by past coal mining. The Navajo Nation has completed this 
reclamation in the order of priority set forth in section 403(a) of 
SMCRA. OSM acknowledges that there are remaining priority 1 and 2 
abandoned coal mine sites yet to be reclaimed by the Navajo Nation, but 
upon approval of the grant application submitted by the Navajo Nation 
in accordance with 30 CFR 886 and as discussed in finding No. 1.e. 
above, the Navajo Nation will have addressed all known remaining pre-
SMCRA and interim program abandoned coal mine lands.
    Based upon the Navajo Nation's May 4, 1994, certification, and the 
absence of any known unreclaimed coal-related impacts, the Director of 
OSM, on behalf of the Secretary, concurs with the Navajo Nation's 
certification that all coal-related abandoned mine land problems have 
been abated or reclaimed, and finds that the Navajo Nation has 
satisfied the requirements of section 403 of SMCRA. If a coal problem 
occurs or is identified in the future, the Navajo Nation would have to 
seek immediate funding to reclaim the coal-related problem. Concurrence 
with the Navajo Nation's certification of completion of coal 
reclamation means that the Navajo Nation may now use annual grants made 
available under section 402(g)(1) of SMCRA to carry out activities or 
construction of specific public facilities related to the coal or 
minerals industry in accordance with section 411(f) of SMCRA.

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

    Pursuant to section 411 of SMCRA and 30 CFR 884.15(a) and 
884.14(a)(1), OSM invited public comment and provided an opportunity 
for a public hearing on the Navajo Nation's proposed amendment and 
certification of completion of coal reclamation (administrative record 
No. NA-214). 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), OSM solicited 
comments on the proposed amendment and request for concurrence with the 
Navajo Nation's certification of completion of coal reclamation from 
Federal, State, and Tribal agencies with an actual or potential 
interest in the Navajo Nation plan (administrative record Nos. NA-209 
and NA-215).
Navajo Environmental Protection Administration (Navajo EPA)
    Navajo EPA stated that the proposed amendment of the Navajo Nation 
plan differed from SMCRA and provided comments in a letter dated May 
27, 1994 (administrative record No. NA-219), including editorial 
comments pertaining to the specific language proposed in the plan 
amendment and suggestions on how to improve such language. These 
editorial comments are available in the administrative record for this 
amendment, and a copy has been provided to the Navajo Nation. However, 
because these comments are nonsubstantive in nature, OSM has not 
addressed them below.
    (1) Navajo EPA stated that the title of the Navajo Nation plan 
should be changed to the ``Navajo Abandoned Mine Lands Reclamation 
Plan'' to clarify that the plan refers only to abandoned mine land 
reclamation, and not to any active mines, over which NAMLRD has no 
jurisdiction. OSM responds that the Navajo Nation's Reclamation Plan is 
approved under Title IV, Abandoned Mine Reclamation, of SMCRA and not 
under Title V, Control of the Environmental Impacts of Surface Coal 
Mining, which provides the authority for States to administer coal 
mining regulatory programs. No legislation exists granting Indian 
tribes the authority to regulate coal mining on Indian lands.
    (2) Navajo EPA indicated that the plan amendment did not 
incorporate standards to be used by NAMLRD for air, water, soil, 
radioactivity, and other topics, when deciding whether a site has been 
completely reclaimed. Title IV of SMCRA and the implementing Federal 
regulations do not require specific reclamation standards. OSM, during 
field reviews, provides the necessary oversight to ensure that projects 
funded using AMR funds meet the goals established when funding was 
approved.
    (3) Navajo EPA suggested that section II(D)(1)(a-e) of the Navajo 
Nation Rules concerning reclamation priorities may need a clarifying 
statement to indicate that ``Priority A'' is the same as ``priority 
1,'' and so forth, as used in SMCRA and by NAMLRD (to designate 
priorities of eligible lands and water for expenditures from the Navajo 
AMR fund). OSM agrees that a clarifying statement would be helpful, but 
the dual designations are not so confusing as to affect their 
implementation.
    (4) Navajo EPA expressed concern that section II(L)(1) of the 
Navajo Nation Rules pertaining to general reclamation requirements does 
not state that the eligibility requirements are set under SMCRA and 
were not devised by the Navajo Nation. OSM responds that, while the 
Navajo Nation Rules do not specifically reference SMCRA in this 
section, these rules implement the Navajo Nation AMLR Code of 1987 
which is the Navajo Nation's counterpart to SMCRA. The eligibility 
requirements established by these rules are consistent with section 404 
of SMCRA. Therefore, a specific reference to this SMCRA citation is not 
necessary.
    (5) Navajo EPA stated that because it had found no indication that 
any ``State'' has held a reclamation bond for mining activities 
conducted within the Navajo Nation, the word ``State'' in the Navajo 
Nation Rules at section II(L)(2)(b)(3) concerning reclamation bonds 
should be deleted. This is an editorial comment, and the implication 
that the State may hold a bond for reclamation activities on Navajo 
Nation lands is immaterial.
    (6) Navajo EPA commented that section II(M)(2) of the Navajo Nation 
Rules, which states that ``[f]ollowing the concurrence by the Director 
[with the Navajo Nation's certification of completion of coal 
reclamation], the Nation may implement a noncoal reclamation program 
pursuant to the provisions of section 411 of SMCRA,'' should be revised 
to clarify that the ``Director'' is the Director of OSM. While Navajo 
EPA's comment is consistent with section 411 of SMCRA, which indicates 
that the Secretary (in this case, the Director of OSM for the 
Secretary) has the authority to concur with a Tribe's or State's 
certification, OSM does not find it necessary to require the Navajo 
Nation to revise this rule. In requesting the Secretary's concurrence 
on the Director of NAMLRD's certification of completion of coal 
reclamation, the Navajo Nation has complied with section 411 of SMCRA.
    (7) Navajo EPA stated that the reference to ``the Act'' in section 
II(P)(1)(c) of the Navajo Nation Rules concerning utilities and other 
facilities is unclear. OSM interprets the term ``the Act'' as used in 
this rule to be the Navajo Nation AMLR Code of 1987 and does not agree 
with the statement by Navajo EPA that such term is unclear.
    (8) Navajo EPA felt that section III(E) of the Navajo Nation Rules 
pertaining to creation of a future reclamation set-aside program did 
not clearly indicate what happens to Navajo AMR funds after all known 
coal reclamation has been completed. Navajo EPA asked whether the 
monies will become general funds, subject then to reappropriation by 
the Navajo Nation Council and whether the funds can be used for 
purposes other than coal reclamation. As discussed in finding No. 2 
above, upon concurrence by the Director of OSM with the Navajo Nation's 
certification of completion of coal reclamation, the Navajo Nation may, 
in accordance with section 411(f) of SMCRA, request AMR grant monies 
from OSM to pursue public facilities projects related to coal or 
mineral development. The Navajo Nation cannot reappropriate these 
monies for uses other than what has been approved by OSM.
    (9) Navajo EPA stated that because NAMLRD had already received 
Council approval for the revised code, its review seems after the fact 
unless suggested revisions are also put through the SAS (signature 
approval sheet) process and presented to the Council. As required by 30 
CFR 884.15 and 884.14, OSM must approve the Navajo Nation plan 
amendment, of which the Navajo Nation AMLR Code of 1987 is a part, 
before it is effective. If Navajo EPA identified inconsistencies 
between the code and SMCRA and the implementing Federal regulations, 
OSM would require the Navajo Nation to revise its AMLR Code of 1987.
    (10) Navajo EPA expressed concern that although NAMLRD prepares all 
environmental documents required under Federal law, the documents are 
only reviewed by OSM, but none of the documents are reviewed by Navajo 
EPA, as required. This comment concerns Tribal policy and procedures, 
which are not inconsistent with the requirements of SMCRA and the 
Federal regulations.
    (11) Navajo EPA noted that Title II, section 201(d) of the Navajo 
Nation AMLR Code of 1987 provides that NAMLRD shall be protected from 
suite by sovereign immunity, and that no employee can waive this 
immunity. However, Navajo EPA suggested that this right may be 
abrogated by the Federal government as provided in section 405(1) of 
SMCRA. Section 405(1) of SMCRA provides for Tribe or State immunity 
from lawsuits except those resulting from gross negligence or 
intentional misconduct by the Tribe or State, so to the extent that the 
Tribe or State is liable under Federal law, it is held liable. 
Therefore, OSM responds that the sovereign immunity claimed by the 
Navajo Nation extends to all liability situations except those 
involving gross negligence or intentional misconduct by the Navajo 
Nation.
    (12) Title IV, section 401(b)(2) of the Navajo Nation AMLR Code of 
1987 indicates that the Navajo AMR fund shall consist of monies 
deposited in the fund from sources including any user charges imposed 
by the Navajo Nation on or for land reclaimed pursuant to the code, 
after expenditures for maintenance have been deducted. Navajo EPA asked 
that the type of user charges be clarified, because the code does not 
specify if these charges refer to grazing or other non-mining 
activities, whether fees are already appropriated to other departments, 
what maintenance expenditures are being referred to, and who will 
conduct said maintenance. Navajo EPA stated that this section was 
copied directly from SMCRA and may have limited relevance as applied to 
the Navajo Nation. Specific criteria pertaining to the type of user 
charges, appropriation of fees, and maintenance are not addressed in 
Title IV of SMCRA or the implementing Federal regulations. Therefore, 
decisions made by the Navajo Nation regarding user charges it imposes 
under its AMLR program are limited only to the extent that they are not 
inconsistent with SMCRA. Because this provision of the Navajo Nation 
AMLR Code of 1987 is substantively identical to section 401(b)(2) of 
SMCRA, it meets the requirements of SMCRA.
    (13) Title IV, section 401(b)(6) of the Navajo Nation AMLR Code of 
1987 indicates that the AMR fund shall consist of monies deposited in 
the fund from sources including ``all other reclamation fees lawfully 
imposed by the Navajo Nation.'' Navajo EPA expressed concern that the 
statement ``all other reclamation fees'' is extremely broad, and 
wondered if it is meant to include reclamation fees for active coal and 
non-coal mines, for sand and gravel, or oil and gas activities; whether 
it applies only to reclamation bonds held by the Nation, or by Federal 
agencies; and suggested that it is in direct conflict with regulations 
outlining how those fees are held and allocated. Section 402 of SMCRA 
provides for payment of a reclamation fee on mined coal to be deposited 
in the Federal AMR Fund. SMCRA and the implementing Federal regulations 
do not require the payment of any additional fees and do not restrict a 
Tribe or State from collecting other kinds of reclamation fees. 
Therefore, for these reasons and for the same reasons discussed in 
comment No. 12 above, OSM finds this provision of the Navajo Nation 
AMLR Code of 1987 to be consistent with section 401(b) of SMCRA.
    (14) Navajo EPA pointed out a typographical error in Title IV, 
section (401)(c)(1) of the Navajo Nation AMLR Code of 1987. The phrase 
``prevent abatement'' should be ``prevention, abatement * * *'' as in 
the counterpart section 401(c)(1) of SMCRA. OSM agrees with Navajo EPA 
in its comment and recommends that the Navajo Nation review its plan 
amendment to correct grammatical, punctuation, and typographical errors 
and inconsistencies.
    (15) Navajo EPA stated that it would be in the Navajo Nation's best 
interests if NAMLRD inventoried and listed their priority 3, 4, 5, and 
6 projects, since that would include all public facilities projects. 
This comment was not made in reference to a specific provision of the 
Navajo Nation AMLR Code of 1987 or the Navajo Nation Rules; however, 
the comment appears to be directed at noncoal reclamation and having 
NAMLRD complete an inventory and list of public facilities projects. A 
Tribe or State is required only to inventory priority 1 and 2 coal 
sites in accordance with section 403(a) of SMCRA. NAMLRD, in accordance 
with section 403(c) of SMCRA, has already inventoried priority 1 and 2 
coal sites. Navajo EPA also stated that it is interested in receiving a 
copy of the inventory of priority 1 and 2 sites to assist it in ongoing 
abandoned uranium mine joint reclamation projects. OSM suggests that 
Navajo EPA request the information from NAMLRD or contact OSM's 
Albuquerque Field Office.
    (16) Navajo EPA suggested that since section 405(f)(7) of SMCRA 
requires NAMLRD to report to OSM annually on projects funded under the 
previous year's grant, Title IV, section 405(f) of the Navajo Nation 
AMLR Code of 1987 should be revised to require that the same kind of 
information be provided to the Division of Natural Resources and the 
Navajo Nation Council at the same time such information is reported as 
required under SMCRA. OSM responds that the Navajo Nation is complying 
with SMCRA reporting requirements, and if Navajo EPA requires 
information contained in the documentation provided by NAMLRD to OSM on 
an annual basis, then Navajo EPA should request this information 
directly from NAMLRD.
    (17) Navajo EPA expressed concern that Title IV, section 407 of the 
Navajo Nation AMLR Code of 1987 pertaining to acquisition and 
reclamation of lands adversely affected by past mining practices does 
not clearly state whether its provisions apply only to private lands 
within the Navajo Nation boundaries, or to lands such as homesite 
leases, and individual allotments. Section 407 of SMCRA does not 
specify the applicability of its provisions as they relate to Indian 
lands. However, the Navajo Nation's jurisdiction over Navajo Nation 
lands was clearly defined in the approval of the Navajo Nation plan (53 
FR 17186, 17187; May 16, 1988) and is addressed in finding No. 1.e.
    (18) Navajo EPA stated that Title IV, section 411(a) of the Navajo 
Nation AMLR Code of 1987 should be changed to be consistent with the 
Navajo Nation Rules and provide that the Navajo Nation President will 
certify completion of coal reclamation rather than the Director of 
NAMLRD. Section 411(a) of SMCRA provides that the head of an Indian 
tribe will certify to the completion of coal reclamation. The request 
from the Navajo Nation for the Secretary's concurrence with its 
certification of completion of coal reclamation was made by the 
President of the Navajo Nation, which meets the requirements of section 
411(a) of SMCRA and which is the tribal authority Navajo EPA asserted 
should make the certification. Therefore, although consistency between 
the Navajo Nation AMLR Code of 1987 and Navajo Nation Rules is 
desirable, it is not an issue in this instance.
    (19) Navajo EPA stated that agreements for cooperative projects by 
the Navajo Nation with any Federal or State agency should be entered 
into with the advice of the Navajo Nation Department of Justice and the 
Division of Natural Resources, in addition to the Intergovernmental 
Relations Committee and Resources Committee of the Navajo Nation 
Council already indicated in Title IV, section 413(b) of the Navajo 
Nation AMLR Code of 1987. SMCRA does not require Tribes or States to 
conform to a specific administrative process but does provide the power 
and authority to engage in cooperative projects. (See finding No. 1.e.) 
OSM reviews any cooperative projects during its annual oversight of the 
Navajo Nation plan and AMLR grant program and determines at that time 
whether such projects are conducted in a manner that meets the 
requirements of SMCRA and the implementing Federal regulations.
    (20) Navajo EPA stated that Title IV, section 413(d) of the Navajo 
Nation AMLR Code of 1987 should require that NAMLRD will turn over 
management and operation of water treatment facilities to the 
appropriate Tribal department, which will have the continuing staffing 
and expertise to run said facilities in perpetuity. This provision of 
the code is substantively identical to section 413(d) of SMCRA. SMCRA 
does not require that the management and operation of such a treatment 
plant be turned over to another agency for continued management and 
operation. The administration of the Navajo Nation's AMLR program is 
addressed during OSM's annual oversight and any deficiencies in the 
program are handled through the oversight process. If, during 
oversight, OSM determines that a problem exists with effective 
management of any part of the program, OSM would require resolution of 
the problem.
U.S. Environmental Protection Agency (EPA)
    EPA responded on June 13, 1994, with the following comments 
(administrative record No. NA-220).
    (1) EPA commented that the Navajo Nation plan does not address or 
reference environmental requirements that may be applicable under the 
National Environmental Policy Act (NEPA) and that sites found to pose 
an environmental problem should be coordinated through NEPA to identify 
the appropriate clean up remedies and standards. OSM responds, as it 
did at comment No. 2 of the Navajo EPA comments, that Title IV of SMCRA 
and the implementing Federal regulations do not require specific 
reclamation standards. Prior to the Navajo Nation initiating AMLR 
construction projects, OSM complies with the requirements of NEPA to 
identify environmental impacts and mitigation measures.
    (2) EPA commented that the authority for certifying the completion 
of coal reclamation resides with the President of the Navajo Nation but 
that section 411(a) of the Navajo Nation AMLR Code of 1987 assigned the 
authority for the certification to the Director of NAMLRD. As stated in 
response to the same comment by Navajo EPA (comment No. 18), OSM 
responds that the request for concurrence with the Navajo Nation's 
certification was actually submitted by the President of the Navajo 
Nation in compliance with section 411(a) of SMCRA and in conformance 
with EPA's comment on which tribal authority should make the 
certification.
    (3) EPA expressed concern that the Navajo Nation AMLR Code of 1987 
does not provide for the Secretary's concurrence with the certification 
of completion of coal reclamation. SMCRA provides that the Secretary 
shall concur with a Tribe's or State's certification of completion of 
coal reclamation. Therefore, OSM responds that the Navajo Nation plan 
does not require revision for an action taken by the Secretary.
    (4) EPA stated that it had understood that NAMLRD's Reclamation 
Plan would be revised to include work at priority 3 abandoned uranium 
mine sites, meaning NAMLRD would conduct work on abandoned uranium mine 
sites that exhibited environmental hazards and degradation. EPA stated 
further that it appeared no priority had been assigned to uranium sites 
in the Navajo Nation Rules at II(D)(2), pertaining to noncoal 
reclamation priorities prior to certification.
    Section 403(a) of SMCRA provides, prior to certification of 
completion of coal reclamation, that ``priority 3'' is the restoration 
of lands and water and the environment previously degraded by adverse 
effects of coal mining practices. After certification, section 411(c) 
of SMCRA provides that priority 3 is the restoration of lands and water 
and the environment previously degraded by the adverse effects of 
mineral mining and processing practices. Title IV of SMCRA does not 
prioritize noncoal commodities, and sections 411 (e) and (f) of SMCRA 
provide that community impact assistance and public facilities projects 
may be undertaken as they relate to the priorities for noncoal 
reclamation. In this notice, OSM found that the Navajo Nation plan has 
been revised to meet the requirements of SMCRA and the implementing 
Federal regulations for noncoal reclamation subsequent to 
certification. OSM is aware that EPA, among others, continues to work 
with the Navajo Nation to develop a plan to address abandoned uranium 
mine sites.
    (5) EPA asked that the Navajo Nation clarify provisions of its AMLR 
Code of 1987 and the Navajo Nation Rules to provide that the Nation's 
President has the authority to undertake action at a noncoal site 
before certification of completion of coal reclamation. The rules 
provide that this authority resides with the President of the Navajo 
Nation, but the code allows the Director of NAMLRD to conduct 
reclamation activities and take other remedial actions on noncoal 
sites. This comment is immaterial in light of the Secretary's 
concurrence in this notice with the Navajo Nation's certification of 
completion of coal reclamation on Navajo Nation lands.
    (6) In a related manner, EPA suggested that the community 
participation process for reclamation at noncoal sites is not 
consistent between provisions of the Navajo Nation AMLR Code of 1987 
and the Navajo Nation Rules. Specifically, EPA asked what mechanism 
ensures that a request for noncoal reclamation to the Director of 
NAMLRD will reach the President who has authority to request 
reclamation at noncoal sites and what feedback mechanism existed to 
inform the community of what actions will be taken. OSM, in approving 
the proposed Navajo Nation plan amendment that is the subject of this 
notice, has determined that the Tribe's public participation process 
for determining the priority of community assistance projects meets the 
requirements of SMCRA and the implementing Federal regulations.
    (7) Finally, EPA stated that there appear to be no check-and-
balance systems between NAMLRD and Navajo EPA, NAMLRD and the Division 
of Natural Resources, and NAMLRD and OSM. EPA feels systems are needed 
to ensure inter- and intra-governmental consistency and harmony within 
the Navajo Nation's various programs. SMCRA does not require 
coordination between Tribal agencies but does provide for interagency 
cooperation at section 414. The Navajo Nation AMLR Code of 1987 
provides a similar provision at section 414. Therefore, OSM responds 
that it is up to the Navajo Nation itself to determine how its various 
departments will interact, coordinate, and establish and maintain 
relationships that are conducive to meeting the requirements of the 
Navajo Nation plan. Coordination between the Tribe and OSM already 
occurs as required by SMCRA and the Federal regulations. OSM also 
responds that it provides input into these relationships through 
oversight of the Navajo Nation's AMLR program.
Other Agencies
    By letter dated May 5, 1994, the Utah State Historical Society 
provided the concurrence of the Utah Preservation Office with the 
determination that no part of the amendment pertains to cultural 
resources (administrative record No. NA-216).
    The Arizona State Historic Preservation Office (SHPO) responded on 
June 1, 1994, that it assumed OSM had the concurrence of the Navajo 
Nation Historic Preservation Department (NNHPD) as to a determination 
of no effect on cultural resources under the National Historic 
Preservation Act of 1966 with respect to the consultation requirements 
of 36 CFR Part 800. Therefore, it would defer the determination of no 
effect on the NNHPD (administrative record No. NA-218).
    Based upon the Arizona SHPO response, OSM contacted NNHPD on June 
28, 1994. NNHPD stated it had elected not to respond and presumed that 
OSM would proceed as if a determination of no effect was in place 
(administrative record No. NA-221). OSM is not aware of any adverse 
effects on cultural resources that would result from the proposed 
amendment and certification of completion of coal reclamation, and on 
this basis, OSM is proceeding with its decision on the Navajo Nation 
submission.

V. Director's Decision

    Based on the above findings, the Director approves the Navajo 
Nation's proposed amendment as submitted on April 7 and 22, 1994.
    As discussed in finding No. 1.a., the Director approves 
nonsubstantive revisions to the Navajo Nation AMLR Code of 1987 at 
sections 101, 102, 401, 402, 403, 405, 407, 408, 409, 412, and 413.
    As discussed in finding Nos. 1.b., c., d., and e., the Director 
approves substantive revisions to the Navajo Nation AMLR Code of 1987 
at sections 201, 401, 403, 404, 409, 410, 411, and 414.
    As discussed in finding Nos. 1.b and f., the Director approves 
substantive revisions to the Navajo Nation Rules at Section II, Parts 
D, L, M, N, O, and P, and Section III, Part E.
    The Director approves the proposed revisions of the Navajo Nation 
AMLR Code of 1987 and Navajo Nation Rules implementing the code with 
the provision that they be fully promulgated in identical form to the 
code and rules submitted to and reviewed by OSM and the public.
    The Director of OSM, on behalf of the Secretary, also concurs with 
the Navajo Nation's certification, as submitted by the Nation on May 4, 
1994, that all abandoned coal mine related problems have been abated or 
reclaimed under its AMLR plan in accordance with Title IV of SMCRA.
    The effect of the Director's concurrence with the Tribe's 
certification is to allow the Navajo Nation to use its AMR funds for 
community impact assistance and construction of public facilities in 
areas of the Navajo Nation lands impacted by coal or minerals 
development, mining, or processing as provided in section 411 of SMCRA.
    The Director is codifying this AMLR plan decision and concurrence 
with the Navajo Nation's certification of completion of coal 
reclamation at 30 CFR Part 756.14. The Director is also taking this 
opportunity to revise the addresses at 30 CFR 756.13 for OSM and the 
Navajo Nation.

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 Tribal AMLR plans and revisions 
thereof since each such plan is drafted and promulgated by a specific 
Tribe, not by OSM. Decisions on proposed Tribal AMLR plans and 
revisions thereof submitted by a 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 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 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. 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

    Abandoned mine land reclamation program, Indian lands.

    Dated: September 15, 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--NAVAJO NATION

    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. With the exception of the first sentence, Sec. 756.13 is revised 
to read as follows:


Sec. 756.13  Approval of the Navajo Nation's Abandoned Mine Land Plan.

* * * * *
    Copies of the approved plan are available at:

Albuquerque Field Office, Office of Surface Mining, Reclamation and 
Enforcement, 505 Marquette Avenue, NW., Suite 310, Albuquerque, New 
Mexico 87102, Telephone: (505) 766-1486.
The Navajo Nation, Navajo Abandoned Mine Land Reclamation Department, 
P.O. Box 308, Window Rock, Arizona 86515, Telephone: (602) 871-4941.

    3. Section 756.14 is added to read as follows:


Sec. 756.14  Approval of amendments to the Navajo Nation's Abandoned 
Mine Land Plan.

    (a) Revisions to the following provisions of the Navajo Nation AMLR 
plan, as submitted to OSM on April 7 and 22, 1994, are approved 
effective September 27, 1994:

Navajo Nation Abandoned Mine Land Reclamation Code of 1987: 
Introduction

Section 101--Findings
Section 102--Purposes
Section 201--Duties of Navajo Abandoned Mine Lands Reclamation 
Department
Section 401--Navajo Abandoned Mine Reclamation Fund and Purposes
Section 402--Reclamation Fees
Section 403--Objectives of Fund
Section 404--Eligible Lands and Water
Section 405--Reclamation Program
Section 407--Acquisition and Reclamation of Lands Within the Navajo 
Nation Adversely Affected by Past Mining Practices
Section 408--Liens
Section 409--Filling Voids and Sealing Tunnels
Section 410--Deletion of Emergency Powers
Section 411--Certification of Completion of Coal Reclamation
Section 412--Navajo Abandoned Mine Reclamation Fund Report
Section 413--Miscellaneous Powers, and
Section 414--Interagency Cooperation

Navajo Nation Rules

II(D) (1) and (2)--Reclamation Priorities
II(L) (1) and (2)--General Reclamation Requirements
II(M) (1) and (2)--Certification of Completion of Coal Reclamation
II(N) (1)--Eligible Lands and Water Subsequent to Certification
II(O) (1)--Exclusion of Noncoal Reclamation Sites
II(P) (1), (2), and (3)--Utilities and Other Facilities, and
III(E) (1)--Future Reclamation Set-Aside Program

    (b) The Director concurs with the Navajo Nation's May 4, 1994, 
certification of completion of coal reclamation effective September 27, 
1994.

[FR Doc. 94-23829 Filed 9-26-94; 8:45 am]
BILLING CODE 4310-05-M