Hopi Tribe Abandoned Mine Land Reclamation (AMLR) Plan

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]

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