Notice of Availability of the Draft Environmental Impact Statement for Navajo Transitional Energy Company's Federal Mining Plan Modification for Federal Lease MTM 94378; Spring Creek Mining Plan Modification EIS, 71923-71924 [2024-19844]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 89, No. 171 / Wednesday, September 4, 2024 / Notices agency, including whether or not the information will have practical utility; (2) The accuracy of our estimate of the burden for this collection of information, including the validity of the methodology and assumptions used; (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and (4) How might the agency minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of response. Comments that you submit in response to this notice are a matter of public record. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Abstract: The BIA is seeking to revise the information collection conducted under 25 CFR 23, related to the Indian Child Welfare Act (ICWA). The BIA uses the information to determine the extent of service needs in local Indian communities, assess ICWA program effectiveness, and provide date for the annual program budget justification. The aggregated report is not considered confidential. The form must be completed by Federally recognized Tribes that operate child protection programs. Submission of this information by Federally recognized Tribes allows the BIA to consolidate and review selected data on Indian child welfare cases. The data is useful on a local level, to the Tribes and Tribal entities that collect it, for case management purposes. The data are useful on a nationwide basis for planning and budget purposes. We are proposing to revise the consolidated caseload form into two forms respectfully—Part A form, and Part B form—to facilitate the appropriate Tribal officials filling out each. In addition, we have attempted to make the forms more user-friendly by making the following changes: • Improving the form language and instructions. • Utilizing Plain English standards and limiting the use of technical terms and/or jargoon. VerDate Sep<11>2014 21:26 Sep 03, 2024 Jkt 262001 • Provide annual narrative guidance by adding 10 questions to the form. • Clearly label State and Tribal data in the instructions and titles. • Clearly define the difference between ICWA cases and Child Protection. • Clearly define form submission dates, signatures, and certification roles of preparer and BIA Regional Social Worker. Title of Collection: Indian Child Welfare Quarterly and Annual Report. OMB Control Number: 1076–0131. Form Number: Part A, Part B. Type of Review: Revision of a currently approved collection. Respondents/Affected Public: Federally recognized Tribes or Tribal entities that are operating programs for Tribes. Total Estimated Number of Annual Respondents: 565 per year, on average. Total Estimated Number of Annual Responses: 2,260 per year, on average. Estimated Completion Time per Response: Approximately 30 minutes for Part A—ICWA Data; approximately 30 minutes for Part B—Tribal Child Abuse and Neglect Data. Total Estimated Number of Annual Burden Hours: 1,130 per year on average. Respondent’s Obligation: A response is required to obtain a benefit. Frequency of Collection: Four times per year for the Part A—ICWA Data; if applicable, four times per year for Part B—Tribal Child Abuse Neglect Data. Total Estimated Annual Nonhour Burden Cost: $0. Authority An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Steven Mullen, Information Collection Clearance Officer, Office of Regulatory Affairs and Collaborative Action—Indian Affairs. [FR Doc. 2024–19755 Filed 9–3–24; 8:45 am] BILLING CODE 4337–15–P PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 71923 DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement [S1D1S SS08011000 SX064A000 245S180110; S2D2S SS08011000 SX064A000 24XS501520] Notice of Availability of the Draft Environmental Impact Statement for Navajo Transitional Energy Company’s Federal Mining Plan Modification for Federal Lease MTM 94378; Spring Creek Mining Plan Modification EIS Office of Surface Mining Reclamation and Enforcement. ACTION: Notice of availability of the draft environmental impact statement. AGENCY: The Office of Surface Mining Reclamation and Enforcement (OSMRE) is publishing this notice to announce that it has prepared a Draft Environmental Impact Statement (DEIS) for Navajo Transitional Energy Company’s (NTEC) Lease by Application (LBA) 1 Federal Mining Plan Modification for Federal Lease MTM–94378 (the Project). With this notice, OSMRE also announces that it will hold a public meeting and 45-day public comment period to receive comments on the DEIS. Spring Creek Mine (SCM) is located in Big Horn County, Montana, approximately 32 miles from Sheridan, Wyoming. SCM started operation in 1974. The proposed Project would allow 162.5 acres of additional surface disturbance and recovery of an additional 39.9 million tons (Mt) of Federal coal. DATES: OSMRE requests comments concerning the analyses in the DEIS. All comments must be received by October 22, 2024. The public meeting will be held at the Big Horn County Courthouse, Hardin, MT from 5—8 p.m. MST on September 24, 2024. ADDRESSES: You may submit comments related to the Project by any of the following methods: • Email: SCM_LBA1_EIS@ wwcengineering.com • Mail: ATTN: Spring Creek Mining Plan Modification EIS, C/O: Marcelo Calle, OSMRE Western Regions 5, 7–11, P.O. Box 25065, Lakewood, CO 80225– 0065 FOR FURTHER INFORMATION CONTACT: Marcelo Calle, Program Support Division Manager; telephone (303) 236– 2929; email: mcalle@osmre.gov or at the address and email provided in the ADDRESSES section. Individuals who use telecommunication devices for the deaf SUMMARY: E:\FR\FM\04SEN1.SGM 04SEN1 ddrumheller on DSK120RN23PROD with NOTICES1 71924 Federal Register / Vol. 89, No. 171 / Wednesday, September 4, 2024 / Notices (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday. SUPPLEMENTARY INFORMATION: OSMRE has prepared a DEIS for SCM’s LBA 1 Mining Plan Modification for inclusion in its decision document recommending approval, disapproval, or conditional approval of the mining plan to the Secretary. 30 CFR 746.13. In accordance with the Mineral Leasing Act of 1920 (MLA), the Assistant Secretary for Land and Minerals Management (ASLM) at the Department of the Interior must approve, disapprove, or approve the project with conditions because the project contains lands with leased Federal coal associated with MTM– 94378. OSMRE initially published an environmental assessment (EA) for LBA 1 on October 3, 2016. This EA was challenged, and the United States District Court for the District of Montana held in WildEarth Guardians v. Haaland, No. CV 17–80–BLG–SPW (D. Mont. 2021), that the EA failed to take a hard look at indirect and cumulative effects of diesel emissions, noise, vibrations, and coal dust emissions; indirect effects of non-greenhouse gas from downstream combustion emissions; and effects related to the social costs of greenhouse gases. This DEIS updates and expands on the environmental analysis in the 2016 EA and provides the additional impacts analysis identified as deficient by the district court. The SCM is operated by NTEC under Permit SMP C1979012, issued by the Montana Department of Environmental Quality (MDEQ), in accordance with its state mine permit. As proposed, the Project would allow 162.5 acres of additional surface disturbance and recovery of an additional 39.9 Mt of Federal coal. The final environmental impact statement is scheduled for release in December 2024 with the Record of Decision expected to be completed in January 2025. Purpose and Need for the Proposed Action: OSMRE’s purpose in preparing this DEIS is to fully analyze the environmental impacts from the Federal mining plan modification, with particular attention to addressing the deficiencies identified by the district court, so that OSMRE can make a recommendation to the ASLM to approve, disapprove, or conditionally approve the proposed Federal mining plan modification for LBA 1. NTEC, the current operator, will not be able to access or recover the remaining Federal VerDate Sep<11>2014 21:26 Sep 03, 2024 Jkt 262001 coal in the LBA 1 tracts unless OSMRE completes its NEPA analysis and the ASLM approves the Federal mining plan modification. Proposed Project The proposed Project would allow 162.5 acres of additional surface disturbance and the recovery of an additional 39.9 Mt of Federal coal in the LBA1 tracts. Summary of Expected Impacts Reasonably foreseeable effects of mining Federal coal have been evaluated for the following resources in the DEIS: • Air Quality (measured as concentration of criteria air pollutants regulated under the National Ambient Air Quality Standards, Hazardous Air Pollutants, and Air Quality Related Values such as visibility (haze) and atmospheric deposition) • Emissions of greenhouse gases as they relate to climate change, measured in terms of carbon dioxide equivalent for both 20-year and 100-year global warming potentials • Surface water and groundwater quality and quantity • Socio-economic effects, including changes to state and local taxes, royalties, fees, lease bids and bonuses, as well as payroll benefits as well as effects to Environmental Justice populations • Federally listed threatened/ endangered species • Geology • Soils • Cultural Resources • Visual Resources • Wildlife Anticipated Permits and Authorizations None at this time. Schedule for the Decision-Making Process The Department plans to have the Record of Decision signed in January 2025. Public Comment Period This notice of availability initiates the comment period, which allows the agency to gather input on the analyses included in the DEIS. In addition to this notice and the project web page on OSMRE’s website at https:// www.osmre.gov/lrg/projects/ SpringCreek.shtm, interested stakeholders, agencies, and Tribes will be notified of the 45-day comment period via mailed letters. All public comments must be submitted by email or by hard copy mail to the addresses listed under PO 00000 Frm 00047 Fmt 4703 Sfmt 9990 ADDRESSES. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made public at any time. While you may request in your comment to withhold your personal identifying information from public review, OSMRE cannot guarantee that this will occur. The project page will include the description of the Project as submitted by NTEC, a map of the proposed mine plan, and information about how to submit public comment on issues or concerns related to the Project that are analyzed in the NEPA document. OSMRE will review public comments and prepare formal responses to all substantive comments. OSMRE will make revisions as needed based on input from the public while preparing the final EIS. Lead and Cooperating Agencies OSMRE is the lead agency for this EIS. No agencies indicated an interest in being a cooperating agency on the OSMRE EIS. Decision Maker Assistant Secretary of Land and Minerals Management Nature of Decision To Be Made Informed by the NEPA analysis, OSMRE will make a recommendation to the ASLM about the Federal mining plan modification associated with development of the LBA 1 Federal coal tracts. The ASLM will use OSMRE’s recommendation to decide whether the new mining plan modification is approved, disapproved, or approved with conditions. OSMRE’s recommendation to the ASLM is based, at a minimum, on the documentation specified at 30 CFR 746.13. Marcelo Calle, Acting OSMRE Regional Director, Regions 5, 7–11. [FR Doc. 2024–19844 Filed 9–3–24; 8:45 am] BILLING CODE 4310–05–P E:\FR\FM\04SEN1.SGM 04SEN1

Agencies

[Federal Register Volume 89, Number 171 (Wednesday, September 4, 2024)]
[Notices]
[Pages 71923-71924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19844]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

[S1D1S SS08011000 SX064A000 245S180110; S2D2S SS08011000 SX064A000 
24XS501520]


Notice of Availability of the Draft Environmental Impact 
Statement for Navajo Transitional Energy Company's Federal Mining Plan 
Modification for Federal Lease MTM 94378; Spring Creek Mining Plan 
Modification EIS

AGENCY: Office of Surface Mining Reclamation and Enforcement.

ACTION: Notice of availability of the draft environmental impact 
statement.

-----------------------------------------------------------------------

SUMMARY: The Office of Surface Mining Reclamation and Enforcement 
(OSMRE) is publishing this notice to announce that it has prepared a 
Draft Environmental Impact Statement (DEIS) for Navajo Transitional 
Energy Company's (NTEC) Lease by Application (LBA) 1 Federal Mining 
Plan Modification for Federal Lease MTM-94378 (the Project). With this 
notice, OSMRE also announces that it will hold a public meeting and 45-
day public comment period to receive comments on the DEIS. Spring Creek 
Mine (SCM) is located in Big Horn County, Montana, approximately 32 
miles from Sheridan, Wyoming. SCM started operation in 1974. The 
proposed Project would allow 162.5 acres of additional surface 
disturbance and recovery of an additional 39.9 million tons (Mt) of 
Federal coal.

DATES: OSMRE requests comments concerning the analyses in the DEIS. All 
comments must be received by October 22, 2024. The public meeting will 
be held at the Big Horn County Courthouse, Hardin, MT from 5--8 p.m. 
MST on September 24, 2024.

ADDRESSES: 
    You may submit comments related to the Project by any of the 
following methods:
 Email: [email protected]
     Mail: ATTN: Spring Creek Mining Plan Modification EIS, C/
O: Marcelo Calle, OSMRE Western Regions 5, 7-11, P.O. Box 25065, 
Lakewood, CO 80225-0065

FOR FURTHER INFORMATION CONTACT: Marcelo Calle, Program Support 
Division Manager; telephone (303) 236-2929; email: [email protected] or 
at the address and email provided in the ADDRESSES section.
    Individuals who use telecommunication devices for the deaf

[[Page 71924]]

(TDD) may call the Federal Information Relay Service (FIRS) at 1-800-
877-8339 between 8 a.m. and 8 p.m., Eastern Time, Monday through 
Friday.

SUPPLEMENTARY INFORMATION: OSMRE has prepared a DEIS for SCM's LBA 1 
Mining Plan Modification for inclusion in its decision document 
recommending approval, disapproval, or conditional approval of the 
mining plan to the Secretary. 30 CFR 746.13. In accordance with the 
Mineral Leasing Act of 1920 (MLA), the Assistant Secretary for Land and 
Minerals Management (ASLM) at the Department of the Interior must 
approve, disapprove, or approve the project with conditions because the 
project contains lands with leased Federal coal associated with MTM-
94378.
    OSMRE initially published an environmental assessment (EA) for LBA 
1 on October 3, 2016. This EA was challenged, and the United States 
District Court for the District of Montana held in WildEarth Guardians 
v. Haaland, No. CV 17-80-BLG-SPW (D. Mont. 2021), that the EA failed to 
take a hard look at indirect and cumulative effects of diesel 
emissions, noise, vibrations, and coal dust emissions; indirect effects 
of non-greenhouse gas from downstream combustion emissions; and effects 
related to the social costs of greenhouse gases. This DEIS updates and 
expands on the environmental analysis in the 2016 EA and provides the 
additional impacts analysis identified as deficient by the district 
court.
    The SCM is operated by NTEC under Permit SMP C1979012, issued by 
the Montana Department of Environmental Quality (MDEQ), in accordance 
with its state mine permit. As proposed, the Project would allow 162.5 
acres of additional surface disturbance and recovery of an additional 
39.9 Mt of Federal coal. The final environmental impact statement is 
scheduled for release in December 2024 with the Record of Decision 
expected to be completed in January 2025.
    Purpose and Need for the Proposed Action:
    OSMRE's purpose in preparing this DEIS is to fully analyze the 
environmental impacts from the Federal mining plan modification, with 
particular attention to addressing the deficiencies identified by the 
district court, so that OSMRE can make a recommendation to the ASLM to 
approve, disapprove, or conditionally approve the proposed Federal 
mining plan modification for LBA 1. NTEC, the current operator, will 
not be able to access or recover the remaining Federal coal in the LBA 
1 tracts unless OSMRE completes its NEPA analysis and the ASLM approves 
the Federal mining plan modification.

Proposed Project

    The proposed Project would allow 162.5 acres of additional surface 
disturbance and the recovery of an additional 39.9 Mt of Federal coal 
in the LBA1 tracts.

Summary of Expected Impacts

    Reasonably foreseeable effects of mining Federal coal have been 
evaluated for the following resources in the DEIS:

 Air Quality (measured as concentration of criteria air 
pollutants regulated under the National Ambient Air Quality Standards, 
Hazardous Air Pollutants, and Air Quality Related Values such as 
visibility (haze) and atmospheric deposition)
 Emissions of greenhouse gases as they relate to climate 
change, measured in terms of carbon dioxide equivalent for both 20-year 
and 100-year global warming potentials
 Surface water and groundwater quality and quantity
 Socio-economic effects, including changes to state and local 
taxes, royalties, fees, lease bids and bonuses, as well as payroll 
benefits as well as effects to Environmental Justice populations
 Federally listed threatened/endangered species
 Geology
 Soils
 Cultural Resources
 Visual Resources
 Wildlife

Anticipated Permits and Authorizations

    None at this time.

Schedule for the Decision-Making Process

    The Department plans to have the Record of Decision signed in 
January 2025.

Public Comment Period

    This notice of availability initiates the comment period, which 
allows the agency to gather input on the analyses included in the DEIS. 
In addition to this notice and the project web page on OSMRE's website 
at https://www.osmre.gov/lrg/projects/SpringCreek.shtm, interested 
stakeholders, agencies, and Tribes will be notified of the 45-day 
comment period via mailed letters.
    All public comments must be submitted by email or by hard copy mail 
to the addresses listed under ADDRESSES. Before including your address, 
phone number, email address, or other personal identifying information 
in your comment, you should be aware that your entire comment--
including your personal identifying information--may be made public at 
any time. While you may request in your comment to withhold your 
personal identifying information from public review, OSMRE cannot 
guarantee that this will occur.
    The project page will include the description of the Project as 
submitted by NTEC, a map of the proposed mine plan, and information 
about how to submit public comment on issues or concerns related to the 
Project that are analyzed in the NEPA document.
    OSMRE will review public comments and prepare formal responses to 
all substantive comments. OSMRE will make revisions as needed based on 
input from the public while preparing the final EIS.

Lead and Cooperating Agencies

    OSMRE is the lead agency for this EIS. No agencies indicated an 
interest in being a cooperating agency on the OSMRE EIS.

Decision Maker

    Assistant Secretary of Land and Minerals Management

Nature of Decision To Be Made

    Informed by the NEPA analysis, OSMRE will make a recommendation to 
the ASLM about the Federal mining plan modification associated with 
development of the LBA 1 Federal coal tracts. The ASLM will use OSMRE's 
recommendation to decide whether the new mining plan modification is 
approved, disapproved, or approved with conditions. OSMRE's 
recommendation to the ASLM is based, at a minimum, on the documentation 
specified at 30 CFR 746.13.

Marcelo Calle,
Acting OSMRE Regional Director, Regions 5, 7-11.
[FR Doc. 2024-19844 Filed 9-3-24; 8:45 am]
BILLING CODE 4310-05-P

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