[Federal Register Volume 59, Number 192 (Wednesday, October 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24608]


[[Page Unknown]]

[Federal Register: October 5, 1994]


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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement

 

Navajo Museum/Library/Culture Center Grant Application

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

ACTION: Notice of request for grant funding; public comment period on 
Navajo Museum/Library/Culture Center funding request.

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SUMMARY: OSM is announcing receipt of a grant application requesting 
funds to partially pay for construction of the Navajo Museum/Library/
Culture Center (museum) as proposed by the Navajo Museum and Library 
Foundation, Inc. (Museum Foundation), acting through the Navajo 
Abandoned Mine Land Reclamation Department (NAMLRD). The application 
requests $3 million to partially fund construction of the museum in 
Window Rock, Arizona, as a public facilities project related to the 
coal or minerals industry on Navajo Indian lands impacted by coal or 
minerals development.

DATES: Written comments must be received by 4 p.m., Mountain time on 
November 4, 1994.

ADDRESSES: Written comments should be mailed or hand delivered to 
Thomas E. Ehmett at the address listed below. Copies of NAMLRD's grant 
application for the museum funding request 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 grant application by contacting OSM's Albuquerque 
Field Office.
    Thomas E. Ehmett, Acting Director, Albuquerque Field Office, Office 
of Surface Mining Reclamation and Enforcement, 505 Marquette Avenue, 
NW., suite 1200, Albuquerque, New Mexico, 87102.
    The Navajo Nation, P.O. Box 308, Window Rock, Arizona, 86515 (602) 
871-4941.

FOR FURTHER INFORMATION CONTACT:

Thomas E. Ehmett, telephone: (505) 766-1486.

SUPPLEMENTARY INFORMATION: 

I. Background on Title IV of SMCRA

    Title IV of the Surface Mining Control and Reclamation Act (SMCRA) 
established an Abandoned Mine Land Reclamation (AMLR) program to 
reclaim and restore lands and waters adversely affected by past mining. 
The program is funded by a reclamation fee levied on coal production. 
Lands and waters eligible for reclamation under Title IV primarily 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. Ordinarily, a State 
or Tribe must have a surface mining regulatory program approved 
pursuant to section 405 of SMCRA prior to submittal of an AMLR plan to 
OSM. However, on July 11, 1987, the President signed a supplemental 
appropriations bill (P.L. 100-71) that authorized the Crow and Hopi 
Tribes and the Navajo Nation to administer AMLR programs without 
approval of Tribal surface mining regulatory programs. Pursuant to 
those provisions, the Secretary reviewed the plans submitted by Tribes 
and solicited and considered comments of State and Federal agencies and 
the public. After considering the comments received, if the Secretary 
determined a Tribe had the ability and necessary legislation to 
implement the provisions of Title IV, the Secretary approved the Tribal 
program and granted the Tribe exclusive authority to administer its 
plan.

    Upon approval of a Tribe's AMLR plan by the Secretary, the Tribe 
may submit to OSM, on an annual basis, an application requesting funds 
for specific projects that are necessary to implement the approved 
plan. Funding requests are reviewed and approved by OSM in accordance 
with the requirements of 30 CFR Parts 874, 875, and 886.

II. Background on the Navajo Nation Plan

    The Secretary of the Interior approved the Navajo Nation's AMLR 
plan on May 16, 1988. General information on the Navajo Nation's plan, 
including the Secretary's findings, the disposition of comments, and 
the approval of the plan, is in the May 16, 1988, Federal Register (53 
FR 17186). Approval of the Navajo Nation Plan is codified at 30 CFR 
756.13.
    By letters dated April 7 and 22, 1994, the Navajo Nation submitted 
a proposed amendment to its plan pursuant to SMCRA (administrative 
record Nos. NA-207, NA-208, and NA-212). The Navajo Nation submitted 
the proposed amendment with the intent of revising its plan to make it 
consistent with SMCRA and to improve operational efficiency. OSM 
approved the plan amendments in the September 27, 1994, Federal 
Register (59 FR 49178).
    Provisions of the plan, which includes the Navajo AMLR Code, that 
the Navajo nation amended and which are pertinent to this proposed 
action include: Section 409, filling voids and sealing tunnels; and 
section 411, certification of completion of coal reclamation, 
authorization to perform priorities one, two, and three noncoal 
reclamation, and authorization to undertake community impact assistance 
and public facilities projects.
    Provisions of the plan, which includes the Navajo AMLR Rules, that 
the Navajo Nation amended and which are pertinent to this proposed 
action include: Part D, coal reclamation priorities and noncoal 
reclamation priorities prior to certification; Part L, general 
reclamation requirements for coal and noncoal; Part M, certification of 
completion of coal sites; Part N, eligible lands and water subsequent 
to certification; Part O, exclusion of noncoal reclamation sites; and 
Part P, utilities and other facilities.

III. Background on the Navajo Nation's Certification of Coal 
Completion

    By letter dated May 4, 1994, the President of the Navajo Nation 
notified the Secretary that the Navajo Nation intends to reclaim all 
remaining eligible abandoned coal mines, including interim abandoned 
coal mines, as required by section 403(a) of SMCRA (administrative 
record No. NA-213). OSM is aware there are eligible abandoned coal 
mines on Navajo Indian lands yet to be reclaimed by the Navajo Nation. 
However, the Nation has sufficient AMLR funds in reserve to reclaim the 
remaining eligible abandoned coal mines. The Navajo Nation also 
submitted a grant application to OSM that, upon approval of the 
proposed amendment, will enable it to reclaim those mines.
    In addition, the Navajo Nation submitted a request for the 
Secretary's concurrence with its certification of completion of all 
known coal-related problems pursuant to section 411(a) of SMCRA and 30 
CFR 875.13. The Secretary's concurrence with the certification was 
published in the September 27, 1994, Federal Register (59 FR 49178).

IV. Museum Funding Request

    Section 411 of SMCRA provides that once a State or Tribe certifies 
that it will address all remaining abandoned coal mine problems, and 
the Secretary concurs, then that State or Tribe may request funds to 
undertake abandoned noncoal mine reclamation, community impact 
assistance, and public facilities projects under sections 411 (b), (e), 
and (f), respectively. The Navajo Nation President and the Navajo 
Museum and Library Foundation, Inc., first expressed interest in 
obtaining OSM funds for the museum under section 411(f) in late June 
and early July 1993. OSM informed the Navajo Nation at that time and on 
a number of occasions since of the administrative requirements that the 
Nation must fulfill before OSM can consider a funding request under 
section 411(f) of SMCRA. Those requirements included: Revising the 
Navajo Nation's AMLR plan to include provisions authorizing NAMLRD to 
reclaim remaining eligible abandoned interim coal mines and to 
undertake projects under sections 411 (e) and (f); certifying that all 
remaining abandoned coal mine problems will be addressed; submitting an 
application for funds to reclaim all remaining eligible abandoned coal 
mine problems; and submitting an application for funds for the museum.
    Anticipating that those administrative requirements would be 
fulfilled, the Museum Foundation developed a grant application that 
NAMLRD submitted to OSM on January 21, 1994, requesting $3 million from 
the Navajo Nation's share of the Abandoned Mine Reclamation Fund to 
partially pay for construction of the museum. NAMLRD submitted the 
application because it is the recipient of AMLR funds from OSM for 
abandoned mine reclamation, community impact assistance, and public 
facilities projects pursuant to sections 411 (b), (e), and (f) of 
SMCRA. The Museum Foundation would be a subrecipient if the grant 
request for $3 million is approved.
    Under the provisions of section 411(f), the President of the Navajo 
Nation has determined there is a need for such a public facility 
related to the coal and minerals industry. According to the 
application, the museum will display Navajo crafts and culture 
materials in order to preserve the culture for future generations. It 
will include demonstration areas in the museum where traditional Navajo 
arts and crafts will be made. A children's museum and library will also 
be available. A visitor center will display art and photographs of 
historical and sacred places on or near the Navajo Reservation and an 
exhibit showing the impact of coal and minerals mining in the growth 
and development of the Navajo Nation. The total cost of the museum is 
estimated to be about $7.85 million.
    OSM's formal review of the grant application requesting the museum 
funding will be conducted in the context of the regulations at 30 CFR 
875.15. Specific provisions applicable to the museum request include 
sections 875.15(e) (1) through (7). Those regulations require the 
application to specifically set forth: (1) The need or urgency for the 
activity or the construction of the public facility; (2) the expected 
impact the project will have on the coal or minerals industry in the 
State or Indian Tribe; (3) the availability of funding from other 
sources and, if other funding is provided, its percentage of the total 
costs involved; (4) documentation from other local, State, and Federal 
agencies with oversight for such utilities or facilities regarding what 
funding resources they have available and why this specific project is 
not being fully funded by their agency; (5) the impact on the State or 
Indian Tribe, the public, and the minerals industry if the activity or 
facility is not funded; (6) the reason why this project should be 
selected before a priority project relating to the protection of the 
public health and safety or the environment from the damages caused by 
past mining activities, and (7) an analysis and review of the 
procedures used by the State or Indian Tribe to notify and involve the 
public in this funding request and a copy of all comments received and 
their resolution by the State or Indian Tribe.
    In accordance with 30 CFR 875.15(f), the OSM Director must prepare 
a Federal Register notice regarding the museum funding request and 
provide for public comments. Section 875.15(f) further requires OSM to 
evaluate all comments received and to determine whether the funding 
meets the requirements of sections 875.15(e) (1) through (7) and if it 
is in the best interests of NAMLRD's program. If OSM concludes that the 
museum request satisfies all the requirements of section 875.15, OSM 
will approve the funding request at a cost commensurate with its 
benefits toward achieving the purposes of SMCRA.

V. Public Comment Procedures

    In accordance with 30 CFR 875.15(f), OSM is seeking public comments 
on the museum funding request. Written comments should be specific and 
should pertain to the museum request in the context of the regulations 
at 30 CFR 875.15 and the provisions of section 411 of SMCRA. Comments 
should 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 OSM's final decision or included in the 
administrative record.

    Dated: September 29, 1994.
Ed Kay,
Deputy Director, Office of Surface Mining Reclamation and Enforcement.
[FR Doc. 94-24608 Filed 10-4-94; 8:45 am]
BILLING CODE 4310-05-M