[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