[Federal Register Volume 59, Number 72 (Thursday, April 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8917]
[[Page Unknown]]
[Federal Register: April 14, 1994]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 756
Hopi Tribe Abandoned Mine Land Reclamation (AMLR) Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
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SUMMARY: OSM is announcing receipt of a request from the Hopi Tribe
regarding its AMLR plan (hereinafter, the ``Hopi Tribe plan'') under
the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The
Tribe has requested the concurrence of the Secretary of the Department
of the Interior with its certification of completion of coal
reclamation under the Hopi Tribe plan. If the Secretary concurs with
the certification, the Hopi Tribe intends to request AMLR funds for
construction of public facilities in areas of the Hopi Reservation
impacted by coal development, mining, or processing.
DATES: Written comments must be received by 4 p.m., m.d.t. on May 16,
1994. If requested, a public hearing on the Tribe's request will be
held on May 9, 1994. Requests to present oral testimony at the hearing
must be received by 4 p.m., m.d.t. on April 29, 1994. 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.
ADDRESSES: Written comments should be mailed or hand delivered to
Robert H. Hagen at the address listed below.
Copies of the Hopi Tribe plan, the Tribe's request, 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 Tribe's request by contacting OSM's
Albuquerque Field Office.
Robert H. Hagen, Director, Albuquerque Field Office, Office of Surface
Mining Reclamation and Enforcement, 505 Marquette Avenue, NW., suite
1200, Albuquerque, New Mexico 87102, Telephone: (505) 766-1486.
Hopi Abandoned Mine Land Program, The Hopi Tribe, Hopi Tribal Complex,
Kykotsmovi, Arizona 86039.
FOR FURTHER INFORMATION CONTACT:
Robert H. Hagen, Telephone: (505) 766-1486.
SUPPLEMENTARY INFORMATION:
I. Background on Title IV of SMCRA.
II. Background on the Hopi Tribe Plan.
III. Discussion of Proposed Action.
IV. Public Comment Procedures.
V. Procedural Determinations.
VI. List of Subjects in 30 CFR Part 756.
I. Background on Title IV of SMCRA
Title IV of SMCRA established an AMLR program for the purposes of
reclaiming and restoring lands and waters adversely affected by past
mining. The program is funded by a reclamation fee levied on the
production of coal. Lands and waters eligible for reclamation under
title IV are those that were mined or affected by mining and abandoned
or inadequately reclaimed prior to August 3, 1977, and for which there
is no continuing reclamation responsibility under State, Federal,
Tribal, or other laws.
Title IV provides for State or Tribal submittal to OSM of an AMLR
plan. The Secretary of the Interior adopted regulations in 30 CFR parts
870 through 888 that implement Title IV of SMCRA. Under these
regulations, the Secretary reviewed the plans submitted by States and
Tribes and solicited and considered comments of State and Federal
agencies and the public. Based upon the comments received, the
Secretary determined whether a State or Tribe had the ability and
necessary legislation to implement the provisions of Title IV. After
making such a determination, the Secretary decided whether to approve
the State or Tribe program and granted the State or Tribe exclusive
authority to administer its approved plan.
Ordinarily, under section 405 of SMCRA, a State or Tribe must have
an approved surface mining regulatory program prior to submittal of an
AMLR plan to OSM. However, on July 11, 1987, the President signed a
supplemental appropriations bill (Pub. L. 100-71) that authorized the
Crow, Navajo, and Hopi Tribes to adopt AMLR programs without approval
of Tribal surface mining regulatory programs.
Upon approval of a State's or Tribe's plan by the Secretary, the
State or Tribe may submit to OSM, on an annual basis, an application
for funds to be expended by that State or Tribe on specific projects
that are necessary to implement the approved plan. Such annual requests
are reviewed and approved by OSM in accordance with the requirements of
30 CFR Part 886.
II. 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, the disposition of comments, and
the approval of the Hopi Tribe plan can be found in the June 28, 1988,
Federal Register (53 FR 24262). Approval of the Hopi Tribe plan is
codified at 30 CFR 756.15.
III. Discussion of Proposed Action
By letter dated February 2, 1994, the Chairman and Chief Executive
Officer of the Hopi Tribe notified the Secretary of the Interior that
the Tribe had satisfied the requirements of SMCRA in regard to
abandoned coal mine reclamation and was, therefore, requesting the
Secretary's concurrence with certification of completion of all known
coal-related problems (administrative record No. HO-002-FOR).
IV. Public Comment Procedures
In accordance with section 411 of SMCRA, OSM is seeking public
comments and information concerning any known or suspected unreclaimed
lands and water resources on Hopi lands that may have been adversely
affected by coal mining practices prior to August 3, 1977, and for
which there is no continuing reclamation responsibility under State,
Federal Tribal, or other laws.
Should the Secretary concur with the certification, the Tribe
intends to request, in accordance with 30 CFR part 886, AMLR funding
for the construction of public facilities as provided under sections
411 (e) and (f) of SMCRA.
If no past coal mining problems eligible for funding under section
404 of SMCRA are identified through this process, the Secretary intends
to concur with the Tribe's certification. If, after the Secretary's
concurrence, a coal problem occurs or is identified, the Tribe would
have to seek immediate funding for reclaiming the coal-related problem.
1. Written Comments
Written comments should be specific, pertain only to the Hopi
Tribe's request for certification of completion of coal reclamation,
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 p.m., m.d.t.
on April 29, 1994. 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 Tribe's request
may request a meeting by contacting the 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.
V. 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 State or Tribal AMLR plans and
revisions thereof since each such plan is drafted and promulgated by a
specific State or Tribe, not by OSM. Decisions on proposed State or
Tribal AMLR plans and revisions thereof submitted by a State or 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 parts 884 and 888.
3. National Environmental Policy Act
No environmental impact statement is required for this rule since
agency decisions on proposed State or Tribal 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 Tribal submittal that 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. 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
Indian lands, Abandoned Mine Land Reclamation Program.
Dated: April 7, 1994.
Raymond L. Lowrie,
Assistant Director, Western Support Center.
[FR Doc. 94-8917 Filed 4-13-94; 8:45 am]
BILLING CODE 4310-05-M