of any hearings or conferences conducted regarding civil penalties and shall be invited to attend. [49 FR 38477, Sept. 28, 1984, as amended at 53 FR 3675, Feb. 8, 1988] $750.19 Certification of blasters. A person seeking to conduct blasting operations on Indian lands shall comply with the requirements of §§ 816.61(c) and 817.61(c) and part 955 of this chapter. [51 FR 19461, May 29, 1986] $750.20 [Reserved] $750.21 Coal extraction incidental to the extraction of other minerals. Part 702 of this chapter is applicable on Indian lands. [54 FR 52123, Dec. 20, 1989] $750.25 Permit fees. (a) Applicability. An applicant for a new permit to conduct surface coal mining operations on lands subject to this part shall submit to OSM fees in the amounts set out in paragraph (d) of this section. For applications submitted prior to the effective date of this rule, fees shall apply only for stages of OSM review begun on or after the effective date. The applicant shall either submit all applicable fees with the permit application, or by stage of review as follows: (1) Administrative completeness review. An applicant who pays by stage of review shall submit the administrative completeness review fee with the permit application. (2) Technical review. Following receipt from OSM of a notice of administrative completeness, an applicant who pays by stage of review shall submit the technical review basic fee, plus the peracre fee for each acre of disturbed area or fraction thereof to be included in the permit area. (3) Permit issuance. Following receipt from OSM of a notice of technical adequacy, an applicant who pays by stage of review shall submit the decision document fee. (b) Refund of fees. (1) Upon receipt of a written request from an applicant, OSM will refund any permit fees paid under this section for a permit application when OSM denies the permit: (i) On the basis of information concerning endangered or threatened species or their critical habitats or information concerning cultural or historical resources, where such information was not available prior to submission of the permit application; (ii) Because subsequent to submittal of a permit application, the lands contained in the permit application are declared unsuitable for mining under subchapter F of this chapter; or (iii) Because subsequent to submittal of a permit application, the applicant is denied valid existing rights to mine under part 761 of this chapter where such rights are required for surface coal mining operations on the lands contained in the permit application. (2) An applicant may file a written request for withdrawal of a permit application and a refund of fees in accordance with paragraph (b)(3) of this section. (3) OSM will, upon receipt of written request for withdrawal of a permit application, cease processing of that application. If requested, OSM will refund fees paid by the applicant for the withdrawn application as follows: (i) Any fees for a stage of OSM review not yet begun will be refunded; (ii) Where technical review has begun, partial refund will be made of any technical review fee amounts remaining after deduction of actual costs incurred for that technical review. Costs to process the withdrawal may also be deducted. (4) No interest will be paid on refunded fees. (c) Form of payment. All fees due under this section shall be submitted to OSM by the applicant in the form of a certified check, bank draft or money order, payable to Office of Surface Mining. (d) Fee schedule for a new permit. Administrative completeness $250.00 review. $755.10 Information collection. The information collection requirements contained in this part do not require approval from the Office of Management and Budget under 44 U.S.C. 3507 because there are expected to be less than 10 respondents annually. $755.11 Application and agreement. (a) An Indian tribe may request that the Secretary enter into a Tribal-Federal intergovernmental agreement with the tribe. (b) A request for a Tribal-Federal intergovernmental agreement shall be submitted in writing and shall include proposed terms of the agreement consistent with the requirements of this part. 756.18 Required amendments to the Hopi Tribe's abandoned mine land reclamation plan. 756.19 Approval of the Crow Tribe's abandoned mine land reclamation plan. 756.20 Approval of amendments to the Crow Tribe's abandoned mine land reclamation plan. 756.21 Required amendments to the Crow Tribe's abandoned mine land reclamation plan. AUTHORITY: 30 U.S.C. 1201 et seq. and Pub. L. 100-71. § 756.1 Scope. This part implements the provisions in Pub. L. 100-71 which authorize the Crow, Hopi, and Navajo Tribes to obtain the Secretary's approval of Abandoned Mine Land Reclamation programs without prior approval of surface mining regulatory programs as ordinarily required by section 405 of SMCRA. [53 FR 17190, May 16, 1988] § 756.13 Approval of the Navajo Nation's abandoned mine land plan. The Navajo Nation's Abandoned Mine Land Plan as submitted in June 1982, resubmitted in September 1983, and amended in February 1988, is approved effective May 16, 1988. Copies of the approved program are available at: (a) The Navajo Nation, Navajo Abandoned Mine Land Reclamation Department, Division of Natural Resources, Navajo Nation Inn-Office Complex, P.O. Box 1875, Window Rock, AZ 86515, Telephone: (520) 871-7593. (b) Office of Surface Mining Reclamation and Enforcement, Albuquerque Field Office, 505 Marquette Ave., NW., Suite 1200, Albuquerque, NM 87102, Telephone: (505) 248-5070. [60 FR 33724, June 29, 1995, as amended at 61 FR 6508, Feb. 21, 1996] § 756.14 Approval of amendments to the Navajo Nation's abandoned mine land plan. (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: NAVAJO NATION ABANDONED MINE LAND RECLAMATION CODE OF 1987: INTRODUCTION Section 101-Findings Section 102-Purposes Section 201-Duties of Navajo Abandoned Mine Lands Reclamation Department Section 401-Navajo Abandoned Mine Rec lamation Fund and Purposes Section 402-Reclamation Fees Lands Within the Navajo Nation Ad- Section 408-Liens Section 409-Filling Voids and Sealing Tun nels 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 NAVAJO NATION RULES 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(0) (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, Section II, L, 1(h), Limited liability, Sections II, L, 2(b)(3) and (4), Eligible noncoal lands and water prior to certification, Section II, L, 2(c), Limited liability, 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. [59 FR 49185, Sept. 27, 1994, as amended at 60 FR 20195, Apr. 25, 1995; 62 FR 18272, Apr. 15, 1997] $756.15 Required amendments to the Navajo Nation's abandoned mine land plan. Pursuant to 30 CFR 884.15, the Navajo Nation is required to submit to OSM by the date specified either a proposed amendment or a reasonable timetable, which is consistent with the Navajo Nation's established administrative and legislative procedures, for submitting an amendment to the Navajo Nation plan. [61 FR 6508, Feb. 21, 1996] $756.16 Approval of the Hopi Tribe's abandoned mine land reclamation plan. The Hopi Tribe's Abandoned Mine Land Reclamation Plan as submitted in July 1983, and amended in March and May 1988, is approved. Copies of the approved Plan are available at the following locations: (a) The Hopi Tribe, Hopi Abandoned Mine Land Program, Department of Natural Resources, Honahni Building, P.O. Box 123, Kykotsmovi, AZ 86039, Telephone: (520) 734-2441. (b) Office of Surface Mining Reclamation and Enforcement, Albuquerque Field Office, 505 Marquette Ave., NW., Suite 1200, Albuquerque, NM 87102, Telephone: (505) 248-5070. [61 FR 6508, Feb. 21, 1996] § 756.17 Approval of the Hopi Tribe's abandoned mine land reclamation plan amendments. The following amendments to the Hopi Tribe's abandoned mine land reclamation plan are approved. (a) The Hopi Tribe certification of completion of coal reclamation, as submitted on February 2, 1994, is approved effective June 9, 1994. (b) With the exceptions of Part I, concerning the purpose of the Hopi tribe plan; section I, A(3) concerning facilities related to water supplies; section I, A(4), concerning public facilities projects; section II, B(1)(d)(ii), concerning the protection of property; and section 884.13(f)(2), concerning a description of aesthetic, cultural and recreational conditions of the Hopi Reservation, revisions to and additions of the following plan provisions, as sub mitted to OSM on November 2, 1995, are approved effective April 23, 1996. Table of Contents-Title of Part II and List of Appendices; List of Addenda and Errata-Title for this part; List of Figures-Title of Figure 4 and deletion of Figure 5; Preface to Amended Reclamation Plan-Introductory paragraph, program goals and objectives, and eligible projects; Chairman's Letter of Designation and Hopi Tribe Resolution-Designation of Tribal agency authorized to administer approved plan; Opinion of Legal Counsel-Authority of designated agency to conduct the AMLR program in accordance with the requirements of Title IV of SMCRA; Section I, A(1)-Protection of the health, safety, and general welfare of members of the Hopi Tribe; Section I, A(2)-Restoration of land and water resources; Section I, B-Designation of administrative authority; Section I, C-Reclamation priorities; Sections I, C (4) and (5)—Deletion of existing C(4) and recodification of C(5) and (6) as C(4) and (5); Section I, C-Deletion of allocation of funds provisions; Section II, A-[Lack of] Limited liability provision for coal; Section II, A(1)-Abatement of any new coal problems that arise after the effective date of the certification of completion of coal reclamation; Sections II, A(1) (a) through (f)-Eligible coal lands and water; Section II, (A)(1)(g)—Contractor responsibility; Section II, A(1)(h)—Reports: Sections II, B(1) (a) and (b)-Eligible lands and water subsequent to certification; Sections II, B(1)(c), (d) (i) and (iii), (e), and (g)-Reclamation priorities for noncoal program; Section II, B(1)(f)—Need for activities or construction of specific public facilities related to the coal or mineral industry on Tribal lands impacted by coal or mineral development; Section II, G-Reports; Sections II, C through F-Exclusion of certain noncoal reclamation sites, noncoal land acquisition authority, limited liability, and contractor responsibility; Section II, H and [deletion of] ranking and selection of noncoal reclamation projects and Table I, Comprehensive/Problem Evaluation Matrix-Description of needs, proposed construction and activities; Part III-Coordination of Tribal AML programs with other programs; Section IV, A(1)—Acquisition of lands by the Hopi Tribe; Section IV, A(2)(a)(i)—Appraisals; Section IV, A(2)(b)—Lands eligible for acquisition; Sections IV, A(2) (c), (d), (e), B(2), and C— Land acquisition, management, and disposal; Section IV, B(1)-Management of acquired lands; Part V and Figures 1 and 2-Reclamation on private land; Section VI, A, B, and C-Rights of entry; Deletion of section VI, C-Entry for emergency reclamation: Part VII-Hopi Department of Natural Resources (DNR) policy on public participation; Part VIII and Figure 4-Organization of the Part IX-Personnel staffing policies; (3)-Purpose of Hopi Tribe plan and criteria for ranking and identifying projects; Part XII-Economic conditions of the Hopi Reservation; Part XIII-Flora and fauna; Appendices 1 through 12-Addition of cover pages; Appendix 1-Constitution and By-Laws of the Hopi Tribe, as amended; Appendix 7-Title of the appendix; Memorandum from the Assistant General Counsel/Legislation Counsel to DNR dated May 18, 1995-Elimination of Title IV from the draft Hopi Code Mining Ordinance; Hopi Tribal Council Resolution H-134-89, adopted August 29, 1989; and Memorandum from the Hopi Tribe Office of Financial Management to DNR dated September 7, 1995-Purchasing procedures. (c) Revisions to, additions of, or deletions of the following plan provisions, as submitted to OSM on September 23, 1996, are approved effective March 31, 1997: Preface to Amended Reclamation Plan-Introductory Projects; paragraph and Eligible Section I, A-Purpose of Hopi plan; Section II, A(1)-Certification of Completion of Coal Sites; Section II, A(1)(a)—Eligible Coal Lands and Water; Section II, A, (1)(g)-Contractor Responsibility (for coal reclamation); Section II, (A)(1)(i)—Limited Liability (for coal reclamation); Sections II, (B)(1)(d) and (d)(ii)-Noncoal Reclamation After Certification; Sections II, (B)(1)(h), (i), and (j)—Limited Liability, Contractor Responsibility, and Reports (for noncoal reclamation); Deletion of sections II, E, F, and G-Limited Section XII-Description of Aesthetic, Cultural and Recreational Conditions of the Hopi Reservation; and Section XIV-Flora and Fauna. [61 FR 17839, Apr. 23, 1996, as amended at 62 FR 15115, Mar. 31, 1997] $756.18 Required amendments to the Hopi Tribe's abandoned mine land reclamation plan. Pursuant to 30 CFR 884.15, the Hopi Tribe is required to submit to OSM by the date specified either a proposed amendment or a reasonable timetable, which is consistent with the Hopi Tribe's established administrative and legislative procedures, for submitting an amendment to the Hopi Tribe plan. (a)-(b) [Reserved] [61 FR 6508, Feb. 21, 1996, as amended at 61 FR 17840, Apr. 23, 1996; 62 FR 15115, Mar. 31, 1997] $756.19 Approval of the Crow Tribe's abandoned mine land reclamation plan. The Crow Tribe's Abandoned Mine Land Reclamation Plan as submitted in 1982, and resubmitted in September, 1988 is approved. Copies of the approved Plan are available at the following locations: (a) Crow Tribal Council, Crow Office of Reclamation, P.O. Box 159, Crow Agency, MT 59022. (b) Office of Surface Mining Reclamation and Enforcement, Casper Field Office, Room 2128, 100 East B Street, Casper, WY 82601-1918, Telephone: (307) 261– 6555. [61 FR 6508, Feb. 21, 1996] § 756.20 Approval of amendments to the Crow Tribe's abandoned mine land reclamation plan. Revisions to the following provisions of the Crow Tribe's Abandoned Mine Land Reclamation Plan, as submitted |