[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] [[Page 53884]] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 [[Page 53885]] 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. [[Page 53886]] 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