[Federal Register Volume 66, Number 147 (Tuesday, July 31, 2001)]
[Rules and Regulations]
[Pages 39439-39443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19015]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 756

[NA-004-FOR]


Navajo 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 a proposed amendment to the Navajo abandoned mine land 
reclamation (AMLR) plan (hereinafter referred to as the ``Navajo 
plan'') under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA). The Navajo Nation proposed to remove existing rules pertaining 
to noncoal reclamation after certification and exclusion of certain 
noncoal sites in view of rules it proposed to add elsewhere in its 
plan. The Navajo Nation proposed to add rules that will authorize it 
to: Restore lands and water adversely affected by past mineral mining, 
providing they reflect certain objectives and priorities; protect, 
repair, replace, construct, or enhance utilities; construct public 
facilities in communities impacted by coal and other mineral mining and 
processing practices; and request funds for activities or construction 
of specific public facilities related to the coal or minerals industry 
on Navajo Nation lands impacted by coal or mineral development. The 
Navajo Nation also proposes to add new provisions that will: Exclude 
certain noncoal reclamation sites; apply provisions for land 
acquisition and liens in its plan to its noncoal program; establish 
limited liability provisions; and require every successful bidder for 
an AML contract to be eligible to receive a mining permit at the time 
of contract award. The Navajo Nation intends to revise its plan to be 
consistent with the corresponding Federal regulations and SMCRA and to 
authorize it to undertake projects under section 411(f) of the Navajo 
Abandoned Mine Lands Reclamation Code.

EFFECTIVE DATE: July 31, 2001.

FOR FURTHER INFORMATION CONTACT: Willis Gainer, Director, Albuquerque 
Field Office; telephone (505) 248-5096; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:  

I. Background on the Navajo Plan
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations

I. Background on the Navajo Plan

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

II. Submission of the Proposed Amendment

    By letters dated March 2 and March 8, 2001, the Navajo Nation sent 
us a proposed amendment to its plan (NA-004-FOR, administrative record 
numbers NA-255 and NA-256) under SMCRA (30 U.S.C. 1201 et seq.). The 
Navajo Nation sent the amendment at its own initiative.
    We announced receipt of the proposed amendment in the March 28, 
2001, Federal Register (66 FR 16893; administrative record number NA-
259). In the same document, we opened the public comment period and 
provided an opportunity for a public hearing or meeting on the 
amendment's adequacy. We did not hold a public hearing or meeting 
because no one requested either one. The public comment period ended on 
April 27, 2001.

III. Director's Findings

    Following are the findings we made concerning the amendment under 
SMCRA and the Federal regulations at 30 CFR 884.14 and 884.15. We are 
approving the amendment.

[[Page 39440]]

A. Minor Revisions to the Navajo Nation's Rules in its Plan

    The Navajo Nation proposed the following minor editorial and 
codification change:
    The heading ``Subsection P. RESERVED'' is removed and replaced with 
the heading ``O. NONCOAL RECLAMATION AFTER CERTIFICATION.''
    Because the change to this rule is minor, we find that it meets the 
requirements of the Federal regulations and is consistent with the 
corresponding provision of SMCRA.

B. Revisions to the Navajo Nation's Rules in its Plan That Have the 
Same Meaning as the Corresponding Provisions of the Federal Regulations 
and/or SMCRA

    The Navajo Nation proposed revisions to the following rules in its 
plan containing language that is the same as, or similar to, the 
corresponding sections of the Federal regulations and or SMCRA (which 
are shown in parentheses):
    Section II, subsection O.1: Applies subsection O to reclamation 
projects that restore 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 (30 CFR 875.15(a));
    Section II, subsections O.2 through 
(2)(c): Establish objectives and priorities for expenditures of money 
for the projects described in new subsection O.1. These paragraphs 
replace almost identical existing provisions at former subsection M.2 
that the Navajo Nation proposes to remove (subsections 411(c), (c)(1), 
(c)(2), and (c)(3) of SMCRA and 30 CFR 875.15(b), (b)(1), (b)(2), and 
(b)(3));
    Section II, subsection O.3: Allows enhancement of facilities or 
utilities (that were adversely affected by past mining and processing) 
to include upgrading to meet public health and safety requirements, but 
not to include any service area expansion unless needed to address a 
specific abandoned mine land problem (30 CFR 875.15(c));
    Section II, subsectionsO.5 through (5)(g): Describes the 
information that must be included in grant applications that request 
funds for projects proposed under new subsection O.3 (30 CFR 875.15(e) 
and (e)(1) through (e)(7));
    Section II, subsection O.7: Applies existing provisions of the 
Navajo Reclamation Plan for land acquisition and right of entry to 
noncoal reclamation authorized under subsection O (30 CFR 875.17);
    Section II, subsection O.8: Applies existing provisions of the 
Navajo Reclamation Plan for liens to noncoal reclamation authorized 
under subsection O (30 CFR 875.18); and
    Section II, subsection O.10: Requires bidders to be eligible to 
receive a permit to conduct surface coal mining operations as a 
prerequisite to being awarded an AML contract (30 CFR 874.20).

C. Revisions to the Navajo Nation's Rules in its Plan That Are Not the 
Same as the Corresponding Provisions of the Federal Regulations and/or 
SMCRA

1. Subsection O.4, Determination of Need for Public Facilities Projects
    The Navajo Nation proposes a new provision as subsection O.4 in 
section II of its reclamation plan. This provision will authorize it to 
apply for funding to undertake activities or construction of specific 
public facilities related to the coal or minerals industry on Navajo 
Nation lands impacted by coal or mineral development based on a 
determination of need for such activities or construction made by ``* * 
* the President of the Navajo Nation, subject to applicable laws * * 
*.''
    The counterpart provision in section 411(f) of SMCRA requires that 
the determination of need for activities or construction of specific 
public facilities be made by ``* * * the Governor of a State or the 
head of a governing body of an Indian tribe * * *.'' Counterpart 30 CFR 
875.15(e) requires the determination of need to be made by ``* * * the 
Governor of a State or the equivalent head of an Indian tribe * * *.'' 
The qualifying phrase ``subject to applicable laws'' as proposed in the 
Navajo Nation's rule has no counterpart in SMCRA or the Federal 
regulations.
    Designating the President to determine the need for public 
facilities projects is consistent with SMCRA and the counterpart 
Federal regulation. The qualifying phrase ``subject to applicable 
laws'' requires the Navajo President to abide by Navajo law when 
determining the need for projects under this provision. We fully expect 
the Navajo Nation and its President to comply with applicable Navajo 
and/or other law in making these determinations under the approved 
Tribal AML program just as we expect a State and its Governor to comply 
with State and/or other law in the administration of an approved State 
AML program. Moreover, the proposed rule will protect the Navajo 
Nation's grant funds by ensuring that projects are selected and funded 
in accordance with applicable law while retaining the Nation's 
exclusive authority and responsibility to administer its approved 
program.
    Also, in proposed subsection O.4, the phrase ``* * * determines 
there is a need for activities or construction of public facilities 
related to the coal or minerals industry on Navajo Nation lands 
impacted by coal or mineral development * * *,'' the word ``mineral'' 
preceding the word ``development'' does not end with an ``s.'' The 
counterpart term in the corresponding Federal regulation at 30 CFR 
875.15(d) is ``minerals.'' We interpret the Navajo Nation's use of the 
word ``mineral'' and the phrase ``mineral development'' in the context 
of proposed subsection O.4 to have the same meaning as the word 
``minerals'' and the phrase ``mineral development'' in the Federal 
regulation.
    Based on the reasoning described above, we find that the Navajo 
Nation's proposed rule, considered together with other statutes and 
rules, compares, all together, with applicable requirements of the 
Federal regulations and SMCRA sufficient to ensure that the Navajo 
Nation's plan, as a whole, meets all applicable Federal requirements.
2. Subsection O.6, Exclusion of Certain Noncoal Reclamation Sites
    The Navajo Nation proposes to remove its existing, previously 
approved rule that excludes certain noncoal sites from reclamation at 
subsection O.1 from its plan and replace it with an identical provision 
at new subsection O.6.
    Proposed subsection O.6 is similar to counterpart 30 CFR 875.16. 
The primary difference is the Navajo Nation's provision that ``Funds 
will not be used * * *'' to reclaim sites and areas designated for 
remedial action under the Uranium Mill Tailings Radiation Control Act 
of 1978 (UMTRCA; 42 U.S.C. 7901 et seq.) or that have been listed for 
remedial action under the Comprehensive Environmental Response 
Compensation and Liability Act of 1980 (CERCLA; 42 U.S.C. 9601 et seq.) 
In comparison, the counterpart Federal regulation says, ``Money from 
the Fund shall not be used * * *'' for such reclamation. The source of 
the ``Funds'' referred to in proposed subsection O.6 is not identified 
in the Navajo Nation's rules. However, the corresponding provision at 
section 411(d) of the Navajo Abandoned Mine Lands Reclamation Code of 
1987

[[Page 39441]]

provides that such remedial action ``* * * shall not be eligible for 
expenditures from the Fund under this section.'' Section 401(a) of the 
Navajo Code created ``* * * on the books of the Treasury of the Navajo 
Nation a trust fund known as the Navajo Abandoned Mine Reclamation Fund 
(hereinafter referred to as the ``fund'') * * *.'' Section 401(c) of 
the Navajo Code describes how money in the fund may be used, including 
reclamation of coal and noncoal abandoned mines under subsections 
401(c)(1) and (c)(2), respectively.
    Federal statutory and regulatory provisions define the term 
``fund'' similarly. As defined at 30 CFR 870.5, ``Abandoned Mine 
Reclamation Fund or Fund means a special fund established on the books 
of the U.S. Treasury for the purpose of accumulating revenues 
designated for reclamation of abandoned mine lands and other activities 
authorized by Title IV of the Act.'' Section 401(a) of SMCRA states 
that ``There is created on the books of the Treasury of the United 
States a trust fund to be known as the Abandoned Mine Reclamation Fund 
(hereinafter referred to as the ``fund'') * * *.'' It goes on to say at 
section 401(c) what the money in the fund may be used for, including 
abandoned coal and noncoal mine reclamation under subsections 401(c)(1) 
and (3), respectively. Those subsections of SMCRA are the Federal 
counterparts to subsections 401(c)(1) and (c)(2) of the Navajo Code, 
respectively.
    New subsection O.6 in the Navajo Nation's plan is proposed in the 
context of subsection O of the plan, which provides for reclamation of 
noncoal projects after certification. It also is proposed as the Navajo 
rules' counterpart to section 401(d) of the Navajo Abandoned Mine Lands 
Reclamation Code and to 30 CFR 875.16. Though proposed subsection O.6 
is worded differently than the counterpart provisions in the Navajo 
Code, SMCRA, and the Federal regulations, we interpret the proposed 
rule to mean that the Navajo Nation will not use money from the Navajo 
Abandoned Mine Reclamation Fund to reclaim sites designated for 
remedial action under UMTRCA or listed for remedial action under 
CERCLA, as opposed to meaning no money from any source whatsoever may 
be used to reclaim them. Removal of the existing provision at 
subsection O.1 is appropriate in view of the proposed rule replacing it 
at subsection O.6.
    Other differences in wording between the proposed Navajo rule and 
the counterpart Federal regulation are minor. We interpret the word 
``will'' in the proposed Navajo rule to have the same meaning as the 
term ``shall'' in the Federal regulation. Also, we interpret use of the 
word ``which'' in the proposed Navajo rule to have the same meaning as 
the corresponding word ``that'' in the Federal regulation.
    For these reasons, we find that proposed subsection O.6, considered 
together with the Navajo Abandoned Mine Land Reclamation Code, 
compares, all together, with applicable requirements of the Federal 
regulations and SMCRA sufficient to ensure that the Navajo Nation's 
plan, as a whole, meets all Federal requirements.
3. Subsection O.9, Limited Liability
    The Navajo Nation proposes a limited liability provision at section 
II, subsection O.9 of its plan for noncoal reclamation after 
certification. The proposed rule states that the Navajo Nation will not 
be liable under any provision of Federal, State, or Tribal law for any 
costs or damages resulting from actions taken or omitted in the course 
of carrying out its plan, except those resulting from gross negligence 
or intentional misconduct. It defines gross negligence or intentional 
misconduct as reckless, willful, or wanton misconduct.
    Proposed subsection O.9 reads much like the counterpart Federal 
provisions. Section 405(l) of SMCRA and 30 CFR 874.15 provide that no 
State [or Indian tribe, as provided by section 405(k) of SMCRA] shall 
be liable under ``any provision of Federal law'', except as discussed 
above. The proposed rule asserts greater immunity than SMCRA and the 
Federal regulations do, by asserting that the Navajo Nation will not be 
liable under State and Tribal law, as well as Federal law.
    We find that this subsection is consistent with Federal 
requirements to the extent that it addresses the Navajo Nation's 
liability under Federal law. However, resolution of Tribal liability 
issues under State laws or laws of another Tribe is outside the scope 
of SMCRA. Thus, while we are approving this provision as satisfying the 
minimum requirements of SMCRA, we do not intend either to limit the 
Navajo Nation's liability beyond what is provided under SMCRA or to 
affect the ability of any person to resolve liability issues outside 
the scope of SMCRA.
    Other differences between the wording of the proposed Navajo rule 
and the counterpart Federal regulation are minor and do not affect 
whether the proposed rule meets applicable Federal requirements. 
References to the ``Navajo Nation'' and ``this plan'' in the Tribal 
amendment are program-specific and are analogous to references to the 
``State or Indian Tribe'' and to ``an approved State or Indian tribe 
abandoned mine reclamation plan'' in the Federal regulation, 
respectively.

D. Revisions to the Navajo Nation's Rules in its Plan With No 
Corresponding Provisions in the Federal Regulations or Statute

    The Navajo Nation proposes to add a requirement at section II, 
subsection O.5(h) that its applications for public facility project 
funding show that the project `` * * * meets the requirements of the 
procedures/criteria for Public Facility Projects used by Navajo 
Nation.'' This proposed new rule has no counterpart in SMCRA or the 
Federal regulations.
    Projects funded under subsections O.4 and O.5 of the Navajo plan 
will compete for grant funding with the Navajo Nation's abandoned mine 
reclamation projects. SMCRA and the Federal regulations do not suggest 
how to determine the need for public facilities projects or how to 
select such projects when more than one is needed. The Navajo Nation 
will have to choose from among many competing needs, so proposing a 
rule requiring applications for public facilities projects to show how 
such projects meet the Nation's process and criteria for funding them 
is a reasonable approach to making those choices. The fact that SMCRA 
and the Federal regulations do not require a process for selecting 
public facilities projects does not preclude the Navajo Nation from 
developing a process and criteria that will ensure its funding is put 
to the best use in addressing its greatest needs. This approach is not 
unlike that involving the objectives and priorities for coal and 
noncoal reclamation projects in sections 403 and 411 of SMCRA and 30 
CFR 874.13 and 875.15. Applying those objectives and priorities to 
potential AML projects provides States and Tribes with a process by 
which to fund their most pressing problems first and which problems to 
consider funding later. The Navajo Nation's proposed rule would do 
essentially the same thing for public facilities projects.
    Based on this reasoning, we find proposed subsection O.5(h) meets 
all applicable Federal requirements when considered together with SMCRA 
and the Federal regulations.

IV. Summary and Disposition of Comments

Public Comments

    We asked for public comments on the amendment in the March 28, 
2001,

[[Page 39442]]

Federal Register (66 FR 16893; administrative record number NA-259). We 
also asked for comments in letters dated March 12, 2001, that we sent 
out to a number of interested parties (administrative record NA-257).
    The New Mexico State Historic Preservation Officer (NMSHPO) 
responded to our request for comments in a note dated April 20, 2001 
(administrative record number NA-260). NMSHPO thanked us for our 
invitation to comment but advised us that, under 36 CFR 800.3, we are 
to consult with the Tribal Historic Preservation Officer in lieu of 
NMSHPO for undertakings on Tribal land and for effects on Tribal lands. 
We requested comments from the Navajo Nation's Historic Preservation 
Officer in a letter dated March 12, 2001 (administrative record number 
NA-257), but did not receive a response.
    We did not receive any other public comments.

Federal Agency Comments

    Under 30 CFR 884.14(a)(2) and 884.15(a), we requested comments on 
the amendment in letters dated March 12, 2001 (administrative record 
number NA-257) from various Federal agencies with an actual or 
potential interest in the Navajo plan.
    In a response dated March 15, 2001, the Natural Resources 
Conservation Service of the U.S. Department of Agriculture said it 
reviewed the proposed Navajo amendment and had no comments.
    We did not receive comments from any other Federal agencies.

V. Director's Decision

    Based on the above findings, we approve the amendment the Navajo 
Nation sent to us on March 2 and 8, 2001.
    We approve, as discussed in Finding number III.A: Section II, 
subsection O, new subsection heading; in Finding number III.B: Section 
II, subsection O.1, applying subsection O to projects that restore 
lands and water adversely affected by past mineral mining, that involve 
protection, repair, replacement, construction, or enhancement of 
utilities, and that involve the construction of public facilities in 
communities impacted by coal and other mineral mining and processing 
practices; section II, subsections O.2 and O.2(c), establishing 
objectives and priorities for expenditures of money for projects 
described in new subsection O.1, and the removal of existing provisions 
at subsection M.2; section II, subsection O.3, allowing enhancement of 
facilities or utilities to include upgrading to meet public health and 
safety requirements, but not to include any service area expansion 
unless needed to address a specific abandoned mine land problem; 
section II, subsections O.5 through O.5(g), describing information that 
must be in grant applications that request funds for projects proposed 
under new subsection O.3; section II, subsection O.7, applying existing 
provisions of the Navajo Plan for land acquisition and right of entry 
to noncoal reclamation authorized under subsection O; section II, 
subsection O.8, applying existing provisions of the Navajo Plan for 
liens to noncoal reclamation authorized under subsection O; and section 
II, subsection O.10, requiring bidders to be eligible to receive a 
permit to conduct surface coal mining operations as a prerequisite to 
being awarded an AML contract; in Finding III.C.1, section II, 
subsection O.4, a provision authorizing the Navajo Nation President to 
make the determination of need for activities or construction of 
specific public facilities projects, subject to applicable laws; in 
Finding III.C.2, section II, subsection O.6, prohibiting use of money 
from the fund to pay for reclamation of certain noncoal sites, and 
removal of the existing, previously approved rule at former subsection 
O.1; in Finding III.C.3, section II, subsection O.9, establishing a 
limited liability provision applicable to the Navajo Nation's noncoal 
program after certification; and in Finding III.D, section II, 
subsection O.5(h), requiring the Navajo Nation's grant applications for 
public facility project funding to show that such projects meet the 
requirements of the Nation's procedures and criteria for public 
facility projects.
    We approve the rules that the Navajo Nation proposed with the 
provision that the Navajo Nation fully promulgate them in identical 
form to the rules it sent to us and that the public and we reviewed.
    To implement this decision, we are amending the Federal regulations 
at 30 CFR Part 756.14, which codify decisions concerning the Navajo 
plan. We find that good cause exists under 5 U.S.C. 553(d)(3) to make 
this final rule effective immediately. Sections 405(a) of SMCRA 
required the Secretary of the Interior to promulgate and publish 
regulations covering the implementation of an abandoned mine 
reclamation program. Sections 405(d) and (k) requires the Secretary to 
approve a tribal reclamation plan when it is in compliance with the 
procedures, guidelines and requirements established under section 
405(a). Making this regulation effectively immediately will expedite 
that process. Further, the amendment submitted by the Navajo Nation is 
based on regulations issued by the Secretary which were published in 
the Federal Register and which took effect only after a 30 day waiting 
period. Before any project made eligible under this rulemaking can be 
undertaken, extensive public outreach is required by our regulations at 
30 CFR 875.15(e). An immediate effective date will not violate any 
principles of fundamental fairness, because no affected persons will 
require time to prepare for this effective date. For these reasons, 
therefore, requiring another 30 day waiting period before the effective 
date of this rule is not seen to be in the public interest.

VI. Procedural Determinations

Executive Order 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis performed for the counterpart federal 
regulations.

Executive Order 12866--Regulatory Planning and Review

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12866 (Regulatory Planning and 
Review).

Executive Order 12988--Civil Justice Reform

    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 Tribal AMLR plans and plan 
amendments since each such program 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 
Subchapter R.

National Environmental Policy Act

    This rule does not require an environmental impact statement 
because agency decisions on proposed Tribal AMLR plans and plan 
revisions are categorically excluded from compliance with the National 
Environmental Policy Act (NEPA; 42 U.S.C. 4332) by the Department of 
the Interior's NEPA compliance manual at 516 DM 6, appendix 8, 
paragraph 8.4B(29).

[[Page 39443]]

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.).

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 that is the subject of this rule is based on 
counterpart Federal regulations for which an economic analysis was 
prepared and certification made that such regulations would not have a 
significant economic effect on a substantial number of small entities. 
Accordingly, this rule will ensure that the Navajo Nation will 
implement existing requirements that OSM previously promulgated. In 
making the determination as to whether this rule would have a 
significant economic impact, the Department relied upon the data and 
assumptions for the counterpart Federal regulations.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule: a. Does not 
have an annual effect on the economy of $100 million; b. Will not cause 
a major increase in costs or prices for consumers, individual 
industries, federal, state, or local government agencies, or geographic 
regions; and c. Does not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S. based enterprises to compete with foreign-based 
enterprises. This determination is based on the fact that the Tribal 
submittal which is the subject of this rule is based on counterpart 
Federal regulations for which an analysis was prepared and a 
determination made that the Federal regulation was not considered a 
major rule.

Unfunded Mandates

    OSM determined and certifies under the Unfunded Mandates Reform Act 
(2 U.S.C. 1502 et seq.) that this rule will not impose a cost of $100 
million or more in any given year on any local, State, or Tribal 
governments or private entities.

List of Subjects in 30 CFR Part 756

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

    Dated: May 21, 2001.
Brent Wahlquist,
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 756.14 is amended by adding paragraph (e) to read as 
follows:


Sec. 756.14  Approval of amendments to the Navajo Nation's abandoned 
mine land plan.

* * * * *
    (e) Addition or removal of the following rules, as submitted to OSM 
on March 2 and 8, 2001, is approved effective July 31, 2001:

    Section II, subsections M, 2, 2(a), 2(a)(1), 2(a)(2), and 
2(a)(3), noncoal reclamation after certification (removed);
    Section II, subsection O, 1, Exclusion of Noncoal Reclamation 
Sites (removed);
    Section II, subsection O, subsection heading ``NONCOAL 
RECLAMATION AFTER CERTIFICATION;''
    Section II, subsection O, 1, applicability of subsection O;
    Section II, subsections O, 2, 2(a) through 2(c), objectives and 
priorities;
    Section II, subsection O, 3, enhancement of facilities and 
utilities;
    Section II, subsection O, 4, determination of need for 
activities and construction of specific public facilities and 
submittal of grant applications;
    Section II, subsection O, 5 through 5(h), requirements for grant 
applications submitted under subsection O.4 to meet;
    Section II, subsection O, 6, exclusion of certain noncoal 
reclamation sites;
    Section II, subsection O, 7, land acquisition authority for the 
noncoal program;
    Section II, subsection O, 8, lien requirements;
    Section II, subsection O, 9, limited liability;
    Section II, subsection O, 10, contractor responsibility; and
    Section II, subsection P, subsection heading, ``RESERVED'' 
(removed).

[FR Doc. 01-19015 Filed 7-30-01; 8:45 am]
BILLING CODE 4310-05-P