(a) Revisions to the following provisions of the Navajo Nation AMLR plan, as submitted to OSM on April 7 and 22, 1994, are approved effective September 27, 1994:
Section 101 - Findings
Section 102 - Purposes
Section 201 - Duties of Navajo Abandoned Mine Lands Reclamation Department
Section 401 - Navajo Abandoned Mine Reclamation Fund and Purposes
Section 402 - Reclamation Fees
Section 403 - Objectives of Fund
Section 404 - Eligible Lands and Water
Section 405 - Reclamation Program
Section 407 - Acquisition and Reclamation of Lands Within the Navajo Nation Adversely Affected by Past Mining Practices
Section 408 - Liens
Section 409 - Filling Voids and Sealing Tunnels
Section 410 - Deletion of Emergency Powers
Section 411 - Certification of Completion of Coal Reclamation
Section 412 - Navajo Abandoned Mine Reclamation Fund Report
Section 413 - Miscellaneous Powers, and
Section 414 - Interagency Cooperation
II(D) (1) and (2) - Reclamation Priorities
II(L) (1) and (2) - General Reclamation Requirements
II(M) (1) and (2) - Certification of Completion of Coal Reclamation
II(N) (1) - Eligible Lands and Water Subsequent to Certification
II(O) (1) - Exclusion of Noncoal Reclamation Sites
II(P) (1), (2), and (3) - Utilities and Other Facilities, and
III(E) (1) - Future Reclamation Set-Aside Program
(b) The Director concurs with the Navajo Nation's May 4, 1994, certification of completion of coal reclamation effective September 27, 1994.
(c) Revisions to sections 404 (a), (b), and (c) of the Navajo Nation Abandoned Mine Land Reclamation (AMLR) Code of 1987, pertaining to eligible lands and water, as submitted to OSM on January 12, 1995, and as subsequently revised on February 23 1995, are approved effective April 25, 1995.
(d) Revisions to, additions of, or deletions of the following rules, as submitted to OSM on September 3, 1996, are approved effective April 15, 1997.
Section II, E, 1, Project selection,
Sections II, L, 1(e) and (g), Eligible coal lands and water,
Section II, L, 1(h), Limited liability,
Section II, L, 1(i), Contractor responsibility,
Section II, L, 1(j), Reports,
Sections II, L, 2(b)(3) and (4), Eligible noncoal lands and water prior to certification,
Section II, L, 2(c), Limited liability,
Section II, L, 2(d), Contractor responsibility,
Section II, L, 2(e), Reports,
Sections II, M, 1(b) and (d), 2, and 2(a) and (b), Certification of completion of coal sites,
Sections II, N, 1 and 1(c), Eligible lands and water subsequent to certification,
Sections II, P, 1(a) through (c), 2(a) through (f), and (3), Utilities and other facilities, and
Section III, E, 1 and 1(a), Future reclamation set-aside program.
(e) Addition or removal of the following rules, as submitted to OSM on March 2 and 8, 2001, is approved effective July 31, 2001:
Section II, subsections M, 2, 2(a), 2(a)(1), 2(a)(2), and 2(a)(3), noncoal reclamation after certification (removed);
Section II, subsection O, 1, Exclusion of Noncoal Reclamation Sites (removed);
Section II, subsection O, subsection heading “NONCOAL RECLAMATION AFTER CERTIFICATION;”
Section II, subsection O, 1, applicability of subsection O;
Section II, subsections O, 2, 2(a) through 2(c), objectives and priorities;
Section II, subsection O, 3, enhancement of facilities and utilities;
Section II, subsection O, 4, determination of need for activities and construction of specific public facilities and submittal of grant applications;
Section II, subsection O, 5 through 5(h), requirements for grant applications submitted under subsection O.4 to meet;
Section II, subsection O, 6, exclusion of certain noncoal reclamation sites;
Section II, subsection O, 7, land acquisition authority for the noncoal program;
Section II, subsection O, 8, lien requirements;
Section II, subsection O, 9, limited liability;
Section II, subsection O, 10, contractor responsibility; and
Section II, subsection P, subsection heading, “RESERVED” (removed).
[59 FR 49185, Sept. 27, 1994, as amended at 60 FR 20195, Apr. 25, 1995; 62 FR 18272, Apr. 15, 1997; 66 FR 39443, July 31, 2001]