[Federal Register Volume 61, Number 190 (Monday, September 30, 1996)]
[Proposed Rules]
[Pages 51070-51072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24963]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 756

[NA-003-FOR]


Navajo Nation Abandoned Mine Land Reclamation Plan

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

ACTION: Proposed rule; public comment period and opportunity for public 
hearing on proposed amendment.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is announcing receipt of a proposed amendment to the Navajo Nation 
abandoned mine land reclamation (AMLR) plan (hereinafter, the ``Navajo 
Nation plan'') under the Surface Mining Control and Reclamation Act of 
1977 (SMCRA). The proposed amendment consists of revisions to and 
additions of rules pertaining to project selection, limited liability, 
contractor responsibility, reports, certification of completion of coal 
sites, and utilities and other facilities. The amendment is intended to 
revise the Navajo Nation plan to meet the requirements of the 
corresponding Federal regulations, to incorporate the additional 
flexibility afforded by the revised Federal regulations, and to improve 
operational efficiency.

DATES: Written comments must be received by 4:00 p.m., m.d.t., October 
30, 1996. If requested, a public hearing on the proposed amendment will 
be held on October 25, 1996. Requests to present oral testimony at the 
hearing must be received by 4:00 p.m., m.d.t., October 15, 1996.

ADDRESSES: Written comments should be mailed or hand delivered to Guy 
Padgett at the address listed below. Copies of the Navajo Nation plan, 
the proposed amendment, and all written comments received in response 
to this document will be available for public review at the addresses 
listed below during normal business hours, Monday through Friday, 
excluding holidays. Each requester may receive one free copy of the 
proposed amendment by contacting OSM's Albuquerque Field Office.

Guy Padgett, Director, Albuquerque Field Office, Office of Surface 
Mining Reclamation and Enforcement, 505 Marquette Avenue, NW., Suite 
1200, Albuquerque, New Mexico 87102
Madeline Roanhorse, Acting Director, Abandoned Mine Land Reclamation 
Department, Division of Natural Resources, Navajo Nation, P.O. Box 
1875, Window Rock, Arizona 86515.

FOR FURTHER INFORMATION CONTACT:
Guy Padgett, Telephone: (505) 248-5070, Internet address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Navajo Nation Plan

    On May 16, 1988, the Secretary of the Interior approved the Navajo 
Nation plan. General background information on the Navajo Nation plan, 
including the Secretary's findings and the disposition of comments, can 
be found in the May 16, 1988, Federal Register (53 FR 17186). 
Subsequent actions concerning the Navajo Nation's plan and plan 
amendments can be found at 30 CFR 756.14.

II. Proposed Amendment

    By letter dated September 3, 1996, the Navajo Nation submitted a 
proposed

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amendment to its plan (administrative record No. NA-245) pursuant to 
SMCRA (30 U.S.C. 1201 et seq.). The Navajo Nation submitted the 
proposed amendment at its own initiative and in response to a September 
24, 1994, letter (administrative record No. NA-228) that OSM sent to 
the Navajo Nation in accordance with 30 CFR 884.15(b). The provisions 
of the Navajo Nation Rules of the Navajo Reclamation Plan that the 
Navajo Nation proposes to revise and add are: policies and procedures 
for the Navajo Reclamation Program at subsection II, E.1, concerning 
project selection; general coal reclamation requirements at (1) 
subsection II, L.1(h), concerning limited liability, (2) subsection II, 
L.1(i), concerning contractor responsibility, and (3) subsection II, 
L.1(j)), concerning reports; general noncoal reclamation requirements 
at (1) subsection II, L.2(c), concerning limited liability, (2) 
subsection II, L.2(d), concerning limited liability, (2) subsection II, 
L.2(d), concerning contractor responsibility, and (3) subsection II, 
L.2(e), concerning reports; certification of completion of coal sites 
at (1) subsection II, M.1(d), concerning coal-related problems that may 
occur after submission of the certification of completion and (2) 
subsection II, M.2 (a) and (b), concerning noncoal reclamation 
priorities; and utilities and other facilities at subsection II, P.1, 
2, and 3, concerning submission and qualification for abandoned mine 
land (AML) funding and public participation.
    Specifically, the Navajo Nation proposes to add new language to its 
rules at II, E.1 to provide that ``[r]eclamation techniques for the 
specified noncoal mine closure and radioactive mine wastes will ensure 
compliance with the in house Health Physics Standards and Guidelines in 
the absence of any Tribal or Federal clean up standards specific to 
abandoned mine lands. The mine wastes contain low level radioactivity, 
but the levels are such that the reclamation work can be safely 
conducted if the health and safety standards are strictly followed. 
Departmental verification of the clean up Standards will be performed 
at each disturbed area(s).''
    The Navajo Nation proposes the addition of new language at II, 
L.1(h) for coal and II, L.2(c) for noncoal to provide that ``[t]he 
Navajo Nation shall not be liable under any provision of Federal, 
State, or Tribal law for any costs or damages as a result of action 
taken or omitted in the course of carrying out this plan. This section 
shall not preclude liability for costs or damages as a result of gross 
negligence or intentional misconduct by the Navajo Nation. For purposes 
of the preceding sentence, reckless, willful, or wanton misconduct 
shall constitute gross negligence or intentional misconduct.''
    The Navajo Nation proposes to add new rule provisions at II, L.1(i) 
for coal and II, L.2(d) for noncoal to require that ``[t]o receive AML 
funds, every successful bidder for a Tribal AML contract must be 
eligible under 30 CFR 773.15(b)(1) at the time of contract award to 
receive a permit or conditional permit to conduct surface coal mining 
operations. Bidder eligibility must be confirmed by OSM's automated 
Applicant/Violator System.''
    Additionally, the Navajo Nation proposes the new rules at II, 
L.1(j) for coal and II, L.2(e) for noncoal to require that ``[a] Form 
OSM-76, ``Abandoned Mine Land Problem Area Description,'' shall be 
submitted to OSM upon noncoal project completion to report the 
accomplishments achieved through the project.''
    The Navajo Nation is proposing to delete the requirements at II, 
M.1(d), which provides that ``[a] description of the nation's ability 
or provisions to fund all potential coal related problems that may 
occur after submission of the certification of completion and during 
the life of the approved abandoned mine reclamation program,'' at II, 
M.2(a), which provides that ``[t]his paragraph applies to reclamation 
projects involving the restoration of lands and water adversely 
affected by past mineral mining; projects involving the protection, 
repair, replacement, construction, or enhancement of utilities (such as 
those relating to water supply, roads, and such other facilities 
serving the public adversely affected by mineral mining and processing 
practices); and the construction of public facilities in communities 
impacted by coal and other mineral mining and processing practices,'' 
and at II, M.2(b), which provides that ``[n]otwithstanding the 
requirements specified in paragraph (a) of this section, where the 
Navajo Nation President determines there is a need for activities or 
construction of specific public facilities related to the coal or 
minerals industry impacted by coal or minerals development, Part O 
entitled ``Utilities and Other Facilities'' of this Plan shall apply.''
    The Navajo Nation is also proposing to delete section II, P. in its 
entirety. This section pertains to the submission of information 
concerning projects to be funded using AML funds and the findings to be 
made by OSM's Director, the qualifications that such projects must meet 
to be selected, and public notification and solicitation of comments.
    In addition, the Navajo Nation proposes some minor editorial 
changes.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 884.15(a), OSM is 
seeking comments on whether the proposed amendment satisfies the 
applicable plan approval criteria of 30 CFR 884.14. If the amendment is 
deemed adequate, it will become part of the Navajo Nation plan.

1. Written Comments

    Written comments should be specific, pertain only to the issues 
proposed in this rulemaking, and include explanations in support of the 
commenter's recommendations. Comments received after the time indicated 
under DATES or at locations other than the Albuquerque Field Office 
will not necessarily be considered in the final rulemaking or included 
in the administrative record.

2. Public Hearing

    Persons wishing to testify at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., 
m.d.t., October 15, 1996. Any disabled individual who has need for a 
special accommodation to attend a public hearing should contact the 
individual listed under FOR FURTHER INFORMATION CONTACT. The location 
and time of the hearing will be arranged with those persons requesting 
the hearing. If no one requests an opportunity to testify at the public 
hearing, the hearing will not be held. Filing of a written statement at 
the time of the hearing is requested as it will greatly assist the 
transcriber. Submission of written statements in advance of the hearing 
will allow OSM officials to prepare adequate responses and appropriate 
questions.
    The public hearing will continue on the specified date until all 
persons scheduled to testify have been heard. Persons in the audience 
who have not been scheduled to testify, and who wish to do so, will be 
heard following those who have been scheduled. The hearing will end 
after all persons scheduled to testify and persons present in the 
audience who wish to testify have been heard.

3. Public Meeting

    If only one person requests an opportunity to testify at a hearing, 
a public meeting, rather than a public hearing, may be held. Persons 
wishing to meet with OSM representatives to discuss the proposed 
amendment may request a meeting by contacting the

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person listed under FOR FURTHER INFORMATION CONTACT. All such meetings 
will be open to the public and, if possible, notices of meetings will 
be posted at the locations listed under ADDRESSES. A written summary of 
each meeting will be made a part of the administrative record.

IV. 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 12988

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 (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 regulation 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.

6. Unfunded Mandates Reform Act

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or private sector.

List of Subjects in 30 CFR Part 756

    Abandoned mine reclamation programs, Indian lands, Surface mining, 
Underground mining.

    Dated: September 20, 1996.
James F. Fulton,
Acting Regional Director, Western Regional Coordinating Center.
[FR Doc. 96-24963 Filed 9-27-96; 8:45 am]
BILLING CODE 4310-05-M