Navajo Museum/Library/Culture Center Grant Application

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

Navajo Museum/Library/Culture Center Grant Application

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),

Interior.

ACTION: Notice of request for grant funding; public comment period on

Navajo Museum/Library/Culture Center funding request.

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SUMMARY: OSM is announcing receipt of a grant application requesting

funds to partially pay for construction of the Navajo Museum/Library/

Culture Center (museum) as proposed by the Navajo Museum and Library

Foundation, Inc. (Museum Foundation), acting through the Navajo

Abandoned Mine Land Reclamation Department (NAMLRD). The application

requests $3 million to partially fund construction of the museum in

Window Rock, Arizona, as a public facilities project related to the

coal or minerals industry on Navajo Indian lands impacted by coal or

minerals development.

DATES: Written comments must be received by 4 p.m., Mountain time on

November 4, 1994.

ADDRESSES: Written comments should be mailed or hand delivered to

Thomas E. Ehmett at the address listed below. Copies of NAMLRD's grant

application for the museum funding request 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 grant application by contacting OSM's Albuquerque

Field Office.

Thomas E. Ehmett, Acting Director, Albuquerque Field Office, Office

of Surface Mining Reclamation and Enforcement, 505 Marquette Avenue,

NW., suite 1200, Albuquerque, New Mexico, 87102.

The Navajo Nation, P.O. Box 308, Window Rock, Arizona, 86515 (602)

871-4941.

FOR FURTHER INFORMATION CONTACT:

Thomas E. Ehmett, telephone: (505) 766-1486.

SUPPLEMENTARY INFORMATION:

I. Background on Title IV of SMCRA

Title IV of the Surface Mining Control and Reclamation Act (SMCRA)

established an Abandoned Mine Land Reclamation (AMLR) program to

reclaim and restore lands and waters adversely affected by past mining.

The program is funded by a reclamation fee levied on coal production.

Lands and waters eligible for reclamation under Title IV primarily 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. Ordinarily, a State

or Tribe must have a surface mining regulatory program approved

pursuant to section 405 of SMCRA prior to submittal of an AMLR plan to

OSM. However, on July 11, 1987, the President signed a supplemental

appropriations bill (P.L. 100-71) that authorized the Crow and Hopi

Tribes and the Navajo Nation to administer AMLR programs without

approval of Tribal surface mining regulatory programs. Pursuant to

those provisions, the Secretary reviewed the plans submitted by Tribes

and solicited and considered comments of State and Federal agencies and

the public. After considering the comments received, if the Secretary

determined a Tribe had the ability and necessary legislation to

implement the provisions of Title IV, the Secretary approved the Tribal

program and granted the Tribe exclusive authority to administer its

plan.

Upon approval of a Tribe's AMLR plan by the Secretary, the Tribe

may submit to OSM, on an annual basis, an application requesting funds

for specific projects that are necessary to implement the approved

plan. Funding requests are reviewed and approved by OSM in accordance

with the requirements of 30 CFR Parts 874, 875, and 886.

II. Background on the Navajo Nation Plan

The Secretary of the Interior approved the Navajo Nation's AMLR

plan on May 16, 1988. General information on the Navajo Nation's plan,

including the Secretary's findings, the disposition of comments, and

the approval of the plan, is in the May 16, 1988, Federal Register (53

FR 17186). Approval of the Navajo Nation Plan is codified at 30 CFR

756.13.

By letters dated April 7 and 22, 1994, the Navajo Nation submitted

a proposed amendment to its plan pursuant to SMCRA (administrative

record Nos. NA-207, NA-208, and NA-212). The Navajo Nation submitted

the proposed amendment with the intent of revising its plan to make it

consistent with SMCRA and to improve operational efficiency. OSM

approved the plan amendments in the September 27, 1994, Federal

Register (59 FR 49178).

Provisions of the plan, which includes the Navajo AMLR Code, that

the Navajo nation amended and which are pertinent to this proposed

action include: Section 409, filling voids and sealing tunnels; and

section 411, certification of completion of coal reclamation,

authorization to perform priorities one, two, and three noncoal

reclamation, and authorization to undertake community impact assistance

and public facilities projects.

Provisions of the plan, which includes the Navajo AMLR Rules, that

the Navajo Nation amended and which are pertinent to this proposed

action include: Part D, coal reclamation priorities and noncoal

reclamation priorities prior to certification; Part L, general

reclamation requirements for coal and noncoal; Part M, certification of

completion of coal sites; Part N, eligible lands and water subsequent

to certification; Part O, exclusion of noncoal reclamation sites; and

Part P, utilities and other facilities.

III. Background on the Navajo Nation's Certification of Coal

Completion

By letter dated May 4, 1994, the President of the Navajo Nation

notified the Secretary that the Navajo Nation intends to reclaim all

remaining eligible abandoned coal mines, including interim abandoned

coal mines, as required by section 403(a) of SMCRA (administrative

record No. NA-213). OSM is aware there are eligible abandoned coal

mines on Navajo Indian lands yet to be reclaimed by the Navajo Nation.

However, the Nation has sufficient AMLR funds in reserve to reclaim the

remaining eligible abandoned coal mines. The Navajo Nation also

submitted a grant application to OSM that, upon approval of the

proposed amendment, will enable it to reclaim those mines.

In addition, the Navajo Nation submitted a request for the

Secretary's concurrence with its certification of completion of all

known coal-related problems pursuant to section 411(a) of SMCRA and 30

CFR 875.13. The Secretary's concurrence with the certification was

published in the September 27, 1994, Federal Register (59 FR 49178).

IV. Museum Funding Request

Section 411 of SMCRA provides that once a State or Tribe certifies

that it will address all remaining abandoned coal mine problems, and

the Secretary concurs, then that State or Tribe may request funds to

undertake abandoned noncoal mine reclamation, community impact

assistance, and public facilities projects under sections 411 (b), (e),

and (f), respectively. The Navajo Nation President and the Navajo

Museum and Library Foundation, Inc., first expressed interest in

obtaining OSM funds for the museum under section 411(f) in late June

and early July 1993. OSM informed the Navajo Nation at that time and on

a number of occasions since of the administrative requirements that the

Nation must fulfill before OSM can consider a funding request under

section 411(f) of SMCRA. Those requirements included: Revising the

Navajo Nation's AMLR plan to include provisions authorizing NAMLRD to

reclaim remaining eligible abandoned interim coal mines and to

undertake projects under sections 411 (e) and (f); certifying that all

remaining abandoned coal mine problems will be addressed; submitting an

application for funds to reclaim all remaining eligible abandoned coal

mine problems; and submitting an application for funds for the museum.

Anticipating that those administrative requirements would be

fulfilled, the Museum Foundation developed a grant application that

NAMLRD submitted to OSM on January 21, 1994, requesting $3 million from

the Navajo Nation's share of the Abandoned Mine Reclamation Fund to

partially pay for construction of the museum. NAMLRD submitted the

application because it is the recipient of AMLR funds from OSM for

abandoned mine reclamation, community impact assistance, and public

facilities projects pursuant to sections 411 (b), (e), and (f) of

SMCRA. The Museum Foundation would be a subrecipient if the grant

request for $3 million is approved.

Under the provisions of section 411(f), the President of the Navajo

Nation has determined there is a need for such a public facility

related to the coal and minerals industry. According to the

application, the museum will display Navajo crafts and culture

materials in order to preserve the culture for future generations. It

will include demonstration areas in the museum where traditional Navajo

arts and crafts will be made. A children's museum and library will also

be available. A visitor center will display art and photographs of

historical and sacred places on or near the Navajo Reservation and an

exhibit showing the impact of coal and minerals mining in the growth

and development of the Navajo Nation. The total cost of the museum is

estimated to be about $7.85 million.

OSM's formal review of the grant application requesting the museum

funding will be conducted in the context of the regulations at 30 CFR

875.15. Specific provisions applicable to the museum request include

sections 875.15(e) (1) through (7). Those regulations require the

application to specifically set forth: (1) The need or urgency for the

activity or the construction of the public facility; (2) the expected

impact the project will have on the coal or minerals industry in the

State or Indian Tribe; (3) the availability of funding from other

sources and, if other funding is provided, its percentage of the total

costs involved; (4) documentation from other local, State, and Federal

agencies with oversight for such utilities or facilities regarding what

funding resources they have available and why this specific project is

not being fully funded by their agency; (5) the impact on the State or

Indian Tribe, the public, and the minerals industry if the activity or

facility is not funded; (6) the reason why this project should be

selected before a priority project relating to the protection of the

public health and safety or the environment from the damages caused by

past mining activities, and (7) an analysis and review of the

procedures used by the State or Indian Tribe to notify and involve the

public in this funding request and a copy of all comments received and

their resolution by the State or Indian Tribe.

In accordance with 30 CFR 875.15(f), the OSM Director must prepare

a Federal Register notice regarding the museum funding request and

provide for public comments. Section 875.15(f) further requires OSM to

evaluate all comments received and to determine whether the funding

meets the requirements of sections 875.15(e) (1) through (7) and if it

is in the best interests of NAMLRD's program. If OSM concludes that the

museum request satisfies all the requirements of section 875.15, OSM

will approve the funding request at a cost commensurate with its

benefits toward achieving the purposes of SMCRA.

V. Public Comment Procedures

In accordance with 30 CFR 875.15(f), OSM is seeking public comments

on the museum funding request. Written comments should be specific and

should pertain to the museum request in the context of the regulations

at 30 CFR 875.15 and the provisions of section 411 of SMCRA. Comments

should 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 OSM's final decision or included in the

administrative record.

Dated: September 29, 1994.

Ed Kay,

Deputy Director, Office of Surface Mining Reclamation and Enforcement.

[FR Doc. 94-24608 Filed 10-4-94; 8:45 am]

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