[Federal Register Volume 61, Number 201 (Wednesday, October 16, 1996)]
[Proposed Rules]
[Pages 53884-53886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26510]



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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 756

[HO-004-FOR]


Hopi 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 Hopi Tribe's 
abandoned mine land reclamation (AMLR) plan (hereinafter, the ``Hopi 
plan'') under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA). The proposed amendment consists of revisions to plan 
provisions pertaining to the preface; purpose of the Hopi plan; 
eligible lands and waters subsequent to certification; land 
acquisition, management, and disposal; rights of entry; Hopi Department 
of Natural Resources policy on public participation; organization of 
the Hopi Tribe; a description of aesthetic, cultural and recreational 
conditions of the Hopi Reservation; and flora and fauna. The amendment 
is intended to revise the Hopi plan to meet the requirements of the 
corresponding Federal regulations and be consistent with SMCRA.

DATES: Written comments must be received by 4:00 p.m., m.d.t., November 
15, 1996. If requested, a public hearing on the proposed amendment will 
be held on November 12, 1996. Requests to present oral testimony at the 
hearing must be received by 4:00 p.m., m.d.t., October 31, 1996.

ADDRESSES: Written comments should be mailed or hand delivered to Guy 
Padgett at the address listed below.
    Copies of the Hopi 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
Norman Honie, Abandoned Mine Land Program Manager, Office of Mining and 
Minerals, Department of Natural Resources, The Hopi Tribe, P.O. Box 
123, Kykotsmovi, Arizona 86039

FOR FURTHER INFORMATION CONTACT:
Guy Padgett, Telephone: (505) 248-5070.

SUPPLEMENTARY INFORMATION: 

I. Background on the Hopi Plan

    On June 28, 1988, The Secretary of the Interior approved the Hopi 
plan. General background information on the Hopi 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's plan and plan amendments can be found at 30 
CFR 756.17 and 756.18.

II. Proposed Amendment

    By letter dated September 23, 1996, the Hopi Tribe submitted a 
proposed amendment to its plan (administrative record No. HO-156) 
pursuant to SMCRA (30 U.S.C. 1201 et seq.). The Hopi Tribe submitted 
the proposed amendment in response to the required plan amendments at 
30 CFR 756.18 (a) through (h). The provisions of the Hopi plan that the 
Hopi Tribe proposes to revise are: preface to amended reclamation plan; 
section I.A, purpose of the Hopi plan; section II.A(1), coal 
reclamation after certification and section II.A(1)(i), limited 
liability; sections II.B(1) (d) and (d)(ii), noncoal reclamation after 
certification and the construction of public facilities, section 
II.B(1)(h), limited liability, section II.B(1)(i), contractor 
responsibility, and section II.B(1)(j), reports; section IV.A(1), land 
acquisition; section VI.A(1) and B(1), consent to entry and public 
notice; and part XII, description of aesthetic, cultural and 
recreational conditions of the Hopi Reservation.
    Specifically, the Hopi Tribe proposes in the preface to the amended 
Hopi plan to include the Energy Policy Act of 1992 (Pub. L. 102-486) as 
enabling legislation for the Tribe's AMLR program.
    The Hopi Tribe is also proposing to delete the existing language 
that describes the purpose of the Hopi plan at section I.A and replace 
it with the following:

    [T]he purpose of the Hopi Abandoned Mine Land Reclamation Plan, 
as amended, is to protect the health, safety, and general welfare of 
members of the Hopi Tribe and members of the general public from the 
harmful effects of past coal mining practices and past mineral 
mining and processing practices.
    It also has other purposes. They are: (1) to address adverse 
effects of mineral mining and processing practices on public 
facilities; (2) to provide for public facilities in communities 
impacted by coal or other mineral mining and processing practices; 
and (3) to address needs for activities or public facilities related 
to the coal or minerals industry on Hopi Lands impacted by coal or 
minerals development.
    Provision for coal projects are found in Parts IC, IIA, and 
Parts III through XIV of this Plan. Noncoal projects, including 
projects related to mineral mining and processing as well as 
activities and public facilities, are subject to applicable 
provisions of Parts IIB through XIV of this Plan.

    The Hopi Tribe proposes to revise its provisions concerning coal 
reclamation after certification at section II.A to clarify that the 
effective date of the Hopi Tribe's certificate of completion of all 
known abandoned coal mine problems is June 9, 1994. The Tribe also 
proposes the addition of new language of this section to provide that 
coal problems found after the effective date of certification would be 
subject to the provisions specified in the Hopi plan and in sections 
401 through 410 of SMCRA.
    The Hopi Tribe is proposing to add new language at section 
II.A(1)(i) to provide for limited liability for coal reclamation after 
certification such that

[t]he Tribe 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 Tribe. 
For purposes of the preceding sentence, reckless, willful, or wanton 
misconduct shall constitute gross negligence or intentional 
misconduct.

    The Hopi Tribe is also proposing to revise its provisions 
concerning noncoal reclamation after certification at sections II.B(1) 
(d) and (d)(ii) by providing that the projects and construction of 
``public'' facilities shall include as priority two the protection of 
public health, safety, and general welfare from the adverse effects of 
mining and processing practices, rather than the protection of public 
health, safety, general welfare and property. In addition, the Hopi 
Tribe is proposing to add new provisions at sections II.B(1) (h) 
through (j) to provide for noncoal reclamation the following:

    (h) Limited Liability. The Tribe 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 Tribe. For purposes of the preceding sentence, reckless, 
willful, or wanton misconduct shall constitute gross negligence or 
intentional misconduct.
    (i) Contractor Responsibility. To receive AML funds, every 
successful bidder for a

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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.
    (j) Reports. A Form OSM-76, ``Abandoned Mine Land Problem Area 
Description,'' shall be submitted to OSM upon project completion to 
report the accomplishments achieved through the project.

Further, the Hopi Tribe is proposing to delete the existing provisions 
for these topics at sections II.E through G and recodify section II.H 
as II.E.
    The Hopi Tribe proposes to revise its provisions concerning land 
acquisition at section IV.A(1) to provide that land adversely affected 
by coal and noncoal mining practices, including refuse piles and all 
refuse 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.
    The Hopi Tribe is proposing to revise its rights of entry 
provisions at section VI.A(1) to provide that entry may be made for the 
purposes of studies or exploration for the purposes of reclamation and 
for reclamation work, and at section VI.B(1) to provide that the 
written notice to be sent to landholders when written consent cannot be 
obtained will state the intent and reasons for entry and will be 
consistent with procedures and requirements of the applicable OSM 
regulations and that such notice will be given 30 days prior to entry.
    The Hopi Tribe proposes to delete the original text concerning the 
description of aesthetic, cultural and recreational conditions of the 
Hopi Reservation and add new language at part XII to briefly describe 
the general aesthetic, historic, cultural or recreational values or 
conditions of the Hopi Reservation.
    Finally, the Hopi Tribe is proposing minor editorial and 
recodification 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 Hopi 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 31, 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 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 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.

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 program, Indian lands, Surface mining, 
Underground mining.


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    Dated: October 8, 1996.
Russell F. Price,
Acting Regional Director, Western Regional Coordinating Center.
[FR Doc. 96-26510 Filed 10-15-96; 8:45 am]
BILLING CODE 4310-05-M