[[Page 130 STAT. 2648]] URL: DATE: January 28, 2012. The United States has made substantial progress in bringing the Navajo Nation's coal mine disaster from the 1980s to the present. In March 1986, two coal mine explosions at the Powder River Basin of central Utah resulted in 4 fatalities and hundreds of injuries and illnesses caused by airborne particulate matter. The Navajo Nation, which owns the mine property, has made progress towards recovering the majority of the mine's former coal production by working to rehabilitate damaged mine lands and to remove residual coal, as well as by working with the federal government to clean up the contaminated river. In September and October 2010, the National Park Service awarded contracts to two environmental groups to conduct surface coal mine mapping on the Navajo Nation. In October 2010, federal coal companies agreed to a coal-freezing program over the Navajo Nation that will require them to capture all underground coal waste and to place the coal into permanent waste storage. A federal agency has completed an on-site cleanup of the in 2012. Another federal agency has finalized an implementation plan and will implement the program in 2014. Both the Federal Surface Mining Reclamation and Enforcement Act (FSM REA) and the Surface Mining Control and Reclamation Act of 1977 (SACRA) authorize the Secretary of the Interior to investigate and take action to protect the nation's waters from the removal of coal-contaminated mine wastes. The Act states that, if there is sufficient reason to believe that a Federal mine is responsible for dumping toxic coal waste, the Secretary shall, on notice to the coal owner, immediately and without prior notice and opportunity for reasonable rebuttal, immediately take the actions necessary to eliminate the danger. The Act also directs the Secretary to establish and carry out procedures by which the Federal Mine Health and Safety Administration (FMH) may be notified of the need to take any appropriate action to protect the environment or human health, including initiating and carrying out investigations, making enforcement recommendations, and taking such other action as the FMH deems appropriate. The FMH administers the coal-in-waste program, which allows for the recovery and storage of coal wastes left over from mines as a substitute for sending them to landfills. The U.S. Clean Water Act provides the means to remove coal waste from surface waters.
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2318 Federal Register / Vol. 77, No. 10 / Tuesday, January 17, 2012 / Notices Dated: January 6, 2012. John Mao unis, Superintendent, Captain John Smith National Historic Trail, National Park Service,
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