Hopi Tribe Abandoned Mine Land Reclamation (AMLR) Plan

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 756

[SPATS No. HO-003-FOR]

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 on proposed amendment.

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SUMMARY: OSM is announcing receipt of a proposed amendment to the Hopi

Tribe AMLR plan (hereinafter, the ``Hopi Tribe plan'') under the

Surface Mining Control and Reclamation Act of 1977 (SMCRA). The

proposed amendment consists of revisions of and additions to the Hopi

Tribe plan pertaining to the purpose of the plan; eligible lands and

water subsequent to certification; coordination with other programs;

land acquisition, management, and disposal; reclamation on private land

and rights of entry; public participation; organization of the Hopi

Tribe; personnel staffing policies; purchasing policies, procurement

procedures, and accounting systems; economic conditions on the Hopi

Reservation; a description of flora and fauna at abandoned mine sites;

the Hopi Tribe's authority to administer its plan, as amended in the

absence of a specific statute; changing the name of the designated

agency; and affirmation that the manual for purchasing policies and

procedures manual is in accordance with the Office of Management and

Budget's (OMB) Common Rule. Additionally, the Hopi Tribe is proposing

numerous editorial and recodification changes. The amendment is

intended to revise the Hopi Tribe plan to meet the requirements of and

incorporate the additional flexibility afforded by the revised Federal

regulations and SMCRA, as amended, and improve operational efficiency.

DATES: Written comments must be received by 4:00 p.m. m.s.t., January

8, 1996. If requested, a public hearing on the proposed amendment will

be held on January 2, 1996. Requests to present oral testimony at the

hearing must be received by 4:00 p.m., m.s.t., December 22, 1995.

ADDRESSES: Written comments should be mailed or hand delivered to Donna

J. Griffin at the address listed below.

Copies of the Hopi Tribe 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.

Donna J. Griffin, Acting 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 Director, Office of Mining

and Minerals, Department of Natural Resources, The Hopi Tribe, P.O. Box

123, Kykotsmovi, AZ 86039

FOR FURTHER INFORMATION CONTACT: Donna J. Griffin, Telephone: (505)

248-5070.

SUPPLEMENTARY INFORMATION:

I. 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 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 756.14(a).

[[Page 62787]]

II. Proposed Amendment

By letter dated November 2, 1995, the Hopi Tribe submitted a

proposed amendment to its plan (administrative record No. HO-148)

pursuant to SMCRA (30 U.S.C. 1201 et seq.). The Hopi Tribe submitted

the proposed amendment at its own initiative and in response to a

September 26, 1994, letter (administrative record No. HO-145.1) that

OSM sent to the Hopi Tribe in accordance with 30 CFR 884.15(b). The

provisions of the Hopi Tribe plan that the Hopi Tribe proposes to

revise and/or add are: the ``Table of Contents;'' a preface to the

amended reclamation plan; a list of addenda and errata; the Chairman's

letter of designation and Hopi Tribe resolution; the General Counsel's

opinion on the authority of the Hopi Tribe to conduct an AMLR program;

Part I, purpose of the Hopi Tribe plan; Part II, eligible lands and

water subsequent to certification; Part III, coordination of the Hopi

AMLR Program with other programs; Part IV, land acquisition,

management, and disposal; Part V, reclamation on private land; Part VI,

rights of entry; Part VII, Hopi Department of Natural Resources (DNR)

policy on public participation; Part VIII, organization of the Hopi

Tribe; Part IX, personnel staffing policies; Part X, purchasing

policies and procurement procedures; Part XI, accounting systems and

management accounting; Part XII, economic conditions on the Hopi

Reservation; and Part XIII, a description of flora and fauna at

abandoned mine sites.

Specifically, the Hopi Tribe proposes to:

(1) revise the ``Table of Contents'' to reflect the proposed

recodification changes and include a list of appendices;

(2) add a new part called ``Preface to Amended Reclamation Plan''

that provides an explanation of the Hopi AMLR Program goals and

objectives and describes eligible projects and their priorities;

(3) add a cover page for the ``List of Addenda and Errata'' and

revise the ``List of Figures'' to retitle ``Figure 4'' and delete

``Figure 5;''

(4) add new cover pages for the ``Chairman's Letter of Designation

and Hopi Tribe Resolution'' and ``Opinion of Legal Counsel'' and delete

the cover pages titled ``Section 884.13(a)'' and ``Section

884.413(b);''

(5) redesignate Section 884.13(c)(1) as Part ``I'' and revise this

part to include in the purpose of Hopi Tribe plan provisions that (a)

allow for the protection and replacement of water supplies and

protection, repair, replacement, construction, or enhancement of public

facilities adversely affected by mining and processing practices, (b)

provide that the ``Director'' shall be to the ``Director of the Hopi

Office of Mining and Mineral Resources (OMMR)'' or his designee within

the OMMR or in the Hopi AMLR Program and that the ``OMMR is an office

within the DNR, and oversees operations of the Hopi Abandoned Mine Land

Program,'' and (c) reclamation priorities similar to those allowed at

section 403 of SMCRA, and provide for deletion of language concerning

the allocation of funds collected annually for purposes of the Hopi

AMLR Program;

(6) redesignate Section 884.13(c)(2) as Part ``II;'' retitle this

part as ``Eligible Lands and Water Subsequent to Certification;'' add

language (a) consistent with the requirements of the Federal

regulations at 30 CFR 874.12 for eligible coal lands and water, 30 CFR

874.16 for contractor responsibility, 30 CFR Part 875 for noncoal

reclamation, and 30 CFR 886.23 for reports and (b) to provide for the

construction of public facilities in villages impacted by mining

activities on Hopi Indian lands as provided in sections 411 (e) and (f)

of SMCRA and include a description of needs and proposed construction

and activities; and delete (a) ``Table 1, Comprehensive/Problem

Evaluation Matrix'' and (b) language concerning filling voids and

sealing tunnels and evaluating and ranking reclamation projects;

(7) redesignate Section 884.13(c)(3) as Part ``III'';

(8) redesignate Section 884.13(c)(4) as Part ``IV;'' revise the

procedures concerning the acquisition of lands to (a) include lands

adversely affected by ``coal and noncoal mining'' practices and (b) add

new language to require that the Hopi AMLR Program shall obtain ``from

a qualified appraiser a valuation'' of the fair market value of all

land to be acquired and that the fair market value of the land ``shall

consider the principle of the best and highest use'' of the land as

adversely affected by past mining and that such ``valuation of fair

market value shall be approved by the Hopi Tribal council;'' revise the

language concerning purchases by (a) deleting the provision that allows

affected lands to be acquired with monies from the abandoned mine land

(AML) fund if approved by the OSM Field Office Director and the Hopi

Tribal Council and such acquisition meets the requirements of OSM's

regulations, (b) replacing it with new language requiring that ``the

Tribe may acquire land and water under this section if approved in

advance by OSM based on written findings made by OSM in accordance with

the provisions of 30 CFR 879.11, and as approved by the Hopi Tribal

Council,'' and (c) deleting the requirement that ``improvements to the

land may be acquired if such interest is necessary to the reclamation

work planned or the post reclamation use of the land;''

(9) redesignate Sec. 884.13 (c)(5) as Part ``V'' and revise the

language of this part to include a reference to ``the General Allotment

Act of 1887''(25 U.S.C.A. 331 et seq.);

(10) redesignate Sec. 884.13(c)(6) as Part ``VI'' and delete

language concerning emergency entry and the requirement that ``if

written notice cannot be obtained for the purposes of emergency

reclamation and if notice cannot be given prior to entry, notice will

be given to the landholders as soon after entry as practical;''

(11) redesignate Sec. 884.13(c)(7) as Part ``VII'' and add language

clarifying procedures concerning public participation in the

development of the Hopi Tribe plan and listing the 1991 and 1992 public

meetings held in connection with the Hopi Tribe's certification of

completion of reclamation of all known coal-related problems and to

review projects and needs relevant to sections 411(e) and (f) of SMCRA;

(12) redesignate Sec. 884.13(d)(1) as Part ``VIII'' and add

language to (a) provide that the Hopi Tribal Council on ``December 07,

1987, passed Resolution H-03-88,'' which designates DNR as the agency

responsible for implementing the Hopi Tribe plan, (b) reference ``the

Chairman's Letter of Designation and Hopi Tribe Resolution section of

this plan,'' and (c) reference ``Figure 4,'' which presents ``the

relationship of the DNR to others in the Tribal organization;''

(13) redesignate Sec. 884.13(d)(2) as Part ``IX'' and add

references to the Tribe's ``Personnel Policies and Procedures Manual,''

``The Civil Rights Act of 1964,'' and ``The Rehabilitation Act of

1973;''

(14) redesignate Sec. 884.13(d)(3) as Part ``X'' and add references

to the ``Purchasing Policies and Procedures Manual,'' which was adopted

by the Tribe by Executive Action dated April 15, 1978, and OMB's

``Uniform Administrative Requirements for Grants and Cooperative

Agreements to State and Local Governments'' dated March 11, 1988, which

is also known as ``the Common Rule;''

(15) redesignate Sec. 884.13(d)(4) as Part ``XI'' and add

references to ``The Hopi Tribe Financial Policies and Procedures

[[Page 62788]]

Manual,'' which was adopted by Tribal Council Resolution H-102-82 on

August 9, 1982, and the ``Standards for Audit of Governmental

Organizations, Program Activities, and Functions,'' which provides

standards for the performance of audits;

(16) delete the following sections in their entirety: (a) ``Section

884.13(e)(1), Eligible Lands and Water,'' and provide for its

replacement at Part II, Eligible Lands and Waters Subsequent to

Certification, (b) ``Section 884.13(e)(2), Problem Descriptions,'' and

provide that current problems and needs are described in Part II,

Section H of the Hopi Tribe plan, and (c) ``Section 884.13(e)(3),

Problem Abatement Proposals,'' and provide that current proposals are

described in Part II, Section H of the Hopi Tribe plan;

(17) redesignate Section 884.13(f)(1) as Part ``XII;'' add language

to provide that (a) the ``[o]riginal text of this part, Economic

Conditions on the Hopi Reservation, is replaced in its entirety by the

FY 1993-1995 Annual OEDP [Overall Economic Development Plan] Report * *

*,'' (b) the ``[c]urrent economic conditions on the Hopi Reservation

are discussed in the following Annual OEDP Report,'' and (c) ``[t]he

figures included in the OEDP Report also provide data on economic and

socioeconomic conditions on the Hopi Reservation, and reveal the

importance of coal mining and the minerals industry to the reservation

economic base and the tribal government revenue system;'' and attach

the referenced report to the Hopi Tribe plan;

(18) delete ``Section 884.13(f)(2), Description of Aesthetic,

Cultural and Recreational Conditions of the Hopi Reservation,'' in its

entirety;

(19) redesignate Section 884.13(f)(3) as part ``XIII'';

(20) provide as ``Appendix 1'' the ``Constitution and By-Laws of

the Hopi Tribe,'' which was approved December 19, 1936, and amended on

August 1, 1969, February 14, 1980, and December 7, 1993;

(21) provide cover pages for Appendices 2 through 12 and change the

title of Appendix 7 from ``Hopi Tribe Resolution H-93-80'' to ``Hopi

Tribe Resolution H-93-80 and Subsequent Correspondence to the Bureau of

Census;'' and

(24) numerous minor editorial and grammatical revisions and

recodification changes.

The Hopi Tribe also proposes adding the following items to its

plan: (1) a memorandum dated May 18, 1995, from the Hopi Tribe's

Assistant General Counsel affirming the authority of the Tribe's AMLR

Program to administer the Hopi Tribe plan as amended in the absence of

any AMLR statute; (2) Hopi Tribal Resolution H-134-89 that provides

documentation of the Tribe's action changing the name of the Office of

Natural Resources to the Department of Natural Resources; and (3) a

memorandum dated August 31, 1995, from the Tribe's Office of Financial

Management that affirms that the Hopi Tribe ``Purchasing Policies and

Procedures Manual'' is in accordance with OMB's Common Rule.

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 Tribe 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.s.t., December 22, 1995. 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 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 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.).

[[Page 62789]]

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.

List of Subjects in 30 CFR Part 756

Abandoned mine reclamation programs, Indian lands, Surface mining,

Underground mining.

Dated: November 29, 1995.

James F. Fulton,

Acting Regional Director, Western Regional Coordinating Center.

[FR Doc. 95-29877 Filed 12-6-95; 8:45 am]

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