[Federal Register Volume 61, Number 35 (Wednesday, February 21, 1996)]
[Rules and Regulations]
[Pages 6507-6509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3669]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 756
Navajo Nation, Hopi Tribe, and Crow Tribe Abandoned Mine Land
Reclamation (AMLR) Plans
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; technical amendment.
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SUMMARY: Office of Surface Mining Reclamation and Enforcement (OSM) is
making technical amendments to promote consistency with the
codification that OSM has used for primacy States, OSM is changing the
codification of the sections approving the AMLR plans and subsequent
amendments for the Hopi Tribe and Crow Tribe and is creating sections
for required amendments to the Navajo Nation, Hopi Tribe, and Crow
Tribe AMLR plans. OSM is also making minor editorial changes.
EFFECTIVE DATE: February 21, 1996.
FOR FURTHER INFORMATION CONTACT:
John Trelease, Office of Technology, Development, and Transfer, OSM,
1951 Constitution Ave., NW., Washington, DC 20240, Telephone: (202)
208-2617.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with 30 CFR Part 884, OSM processes AMLR plans and
amendments to these plans, which are submitted by the States and Indian
tribes for OSM review and approval.
To promote consistency in codification of OSM's approvals of State
and Indian Tribe AMLR plans and plan amendments and OSM-required plan
amendments, OSM is amending the
[[Page 6508]]
Indian lands program provisions at Chapter VII, Subchapter E. OSM is
also making minor editorial changes.
Specifically, OSM is adding sections to the provisions of the
Indian lands program concerning the approval of amendments to the Crow
Tribe AMLR plan and submittal of OSM-required amendments to the Navajo
Nation, Hopi Tribe, and Crow Tribe AMLR plans, and is recodifying the
existing sections accordingly. By recodifying existing information for
the Hopi Tribe and Crow Tribe AMLR plan and plan amendments from 30 CFR
756.15, .16, and .17 to 30 CFR 756.16, .17, and .19; adding a section
to contain information on required amendments to the Navajo National
AMLR plan at 30 CFR 756.15; and creating new sections at 30 CFR 756.18
for required amendments to the Hopi Tribe AMLR plan and 756.20 for
approval of amendments and 756.21 for required amendments to the Crow
Tribe AMLR plan, OSM is being consistent with the codification it has
used for primacy State plans, plan amendments, and required amendments
to the plans.
II. Procedural Matters
1. Administrative Procedure Act
The minor revisions contained in this rulemaking are technical in
nature. Accordingly, pursuant to 5 U.S.C. 553(b)(B), it has been
determined that the notice and public comment procedures of the
Administrative Procedure Act are unnecessary. For the same reason, it
has been determined that, in accordance with 5 U.S.C. 553(d), there is
good cause to make this rule effective on the date of publication in
the Federal Register.
2. 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).
3. 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. This rule (1) does not preempt any State,
Tribal, or local laws or regulations; (2) has no retroactive effect;
and (3) does not require administrative proceedings before parties may
file suit in court challenging its provisions.
4. National Environmental Policy Act
This rule has been reviewed by OSM, and it has been determined to
be categorically excluded from the National Environmental Policy Act
(NEPA) process in accordance with the Departmental Manual (516 DM 2
appendix 1.10) and the Council on Environmental Quality Regulations for
Implementing the Procedural Provisions of NEPA (40 CFR 1507.3).
5. Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval of OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
6. 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.).
List of Subjects in 30 CFR Part 756
Abandoned mine reclamation programs, Indian lands, Surface mining,
Underground mining.
Dated: February 8, 1996.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
For the reasons set forth in the preamble, title 30, chapter VII,
subchapter E, part 756 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 756.13 is amended by revising paragraph (b) to read as
follows:
Sec. 756.13 Approval of the Navajo Nation's abandoned mine land plan.
* * * * *
(b) Office of Surface Mining Reclamation and Enforcement,
Albuquerque Field Office, 505 Marquette Ave., NW., Suite 1200,
Albuquerque, NM 87102, Telephone: (505) 248-5070.
3. Section 756.15 is revised to read as follows:
Sec. 756.15 Required amendments to the Navajo Nation's abandoned mine
land plan.
Pursuant to 30 CFR 884.15, the Navajo Nation is required to submit
to OSM by the date specified either a proposed amendment or a
reasonable timetable, which is consistent with the Navajo Nation's
established administrative and legislative procedures, for submitting
an amendment to the Navajo Nation plan.
4. Section 756.16 is revised to read as follows:
Sec. 756.16 Approval of the Hopi Tribe's abandoned mine land
reclamation plan.
The Hopi Tribe's Abandoned Mine Land Reclamation Plan as submitted
in July 1983, and amended in March and May 1988, is approved. Copies of
the approved Plan are available at the following locations:
(a) The Hopi Tribe, Hopi Abandoned Mine Land Program, Department of
Natural Resources, Honahni Building, P.O. Box 123, Kykotsmovi, AZ
86039, Telephone: (520) 734-2441.
(b) Office of Surface Mining Reclamation and Enforcement,
Albuquerque Field Office, 505 Marquette Ave., NW., Suite 1200,
Albuquerque, NM 87102, Telephone: (505) 248-5070.
5. Section 756.17 is revised to read as follows:
Sec. 756.17 Approval of amendments to the Hopi Tribe's abandoned mine
land reclamation plan.
The Hopi Tribe certification of completion of coal reclamation, as
submitted on February 2, 1994, is approved effective June 9, 1994.
6. Section 756.18 is added to read as follows:
Sec. 756.18 Required amendments to the Hopi Tribe's abandoned mine
land reclamation plan.
Pursuant to 30 CFR 884.15, the Hopi Tribe is required to submit to
OSM by the date specified either a proposed amendment or a reasonable
timetable, which is consistent with the Hopi Tribe's established
administrative and legislative procedures, for submitting an amendment
to the Hopi Tribe plan.
7. Section 756.19 is added to read as follows:
Sec. 756.19 Approval of the Crow Tribe's Abandoned Mine Land
Reclamation Plan.
The Crow Tribe's Abandoned Mine Land Reclamation Plan as submitted
in 1982, and resubmitted in September, 1988 is approved. Copies of the
approved Plan are available at the following locations:
(a) Crow Tribal Council, Crow Office of Reclamation, P.O. Box 159,
Crow Agency, MT 59022.
(b) Office of Surface Mining Reclamation and Enforcement, Casper
Field Office, Room 2128, 100 East B Street, Casper, WY 82601-1918,
Telephone: (307) 261-6555.
8. Section 756.20 is added to read as follows:
[[Page 6509]]
Sec. 756.20 Approval of amendments to the Crow Tribe's abandoned mine
land reclamation plan.
Revisions to the following provisions of the Crow Tribe's Abandoned
Mine Land Reclamation Plan, as submitted to OSM on the date specified,
are approved.
9. Section 756.21 is added to read as follows:
Sec. 765.21 Required amendments to the Crow Tribe's abandoned mine
land reclamation plan.
Pursuant to 30 CFR 884.15, the Crow Tribe is required to submit to
OSM by the date specified either a proposed amendment or a reasonable
timetable, which is consistent with the Crow Tribe's established
administrative and legislative procedures, for submitting an amendment
to the Crow Tribe plan.
[FR Doc. 96-3669 Filed 2-20-96; 8:45 am]
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