Oklahoma. The adoption of a "gross revenue" test for persons claiming the "incidental extraction" exemption is the only way that this distorted situation can be cured. I urge OSM to adopt such a test and to do it quickly. The legitimate limestone operators of Northeast Oklahoma cannot last much longer in a market dominated by McNabb's dumping practices. If OSM fails to act, it is these legitimate operators, their workers and their families who will suffer the ruin which has already befallen Tulsa Rock Company. Thank You. STATEMENT FOR THE RECORD BY THE NAVAJO NATION ON THE 10th ANNIVERSARY OF THE SURFACE MINING CONTROL AND RECLAMATION ACT FOR THE HOUSE COMMITTEE ON AUGUST 3, 1987 The Navajo Nation appreciates this opportunity to join in Congressional hearings commemorating the 10th anniversary of a landmark piece of environmental legislation, the Surface Mining Control and Reclamation Act. Any statement on this subject should begin by recognizing the enormous personal efforts the Act's primary House architect, Chairman Udall, has expended to ensure its proper implementation and execution. All the Since the passage of the Surface Mining Control and Reclamation Act, many tribes have clearly expressed their views on the administration and implementation of the act to the Secretary of the Interior and in public hearings before the Congress. tribes have consistently expressed their strong support for Federal legislation which recognizes the tribal regulatory authority over surface mining and reclamation activities on Indian lands. The Navajo Tribe has especially worked with other Indian tribes who possess coal to develop legislation which may be amenable to both Congress and to Indian tribes. We believe that tribes possess the inherent sovereignty to regulate mining and reclamation on Indian lands. We would like to exercise such authority within the context of SMCRA and related Federal laws. Our intent is not to weaken or dilute SMCRA, rather, our intent is to insure that SMCRA is fully and properly implemented in Indian country. Due to the unique jurisdictional status of Indian lands and the Federal trust relationship, there is a need for Federal legislation to clearly define the tribal authority to regulate mining and reclamation activity on Indian lands. At the present time, the Navajo Nation has cooperative agreements with the Office of Surface Mining Reclamation and Enforcement (OSMRE) for the operation of Title IV Reclamation and Title V Regulatory programs under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). We have well over 100 priority abandoned coal mines in need of reclamation and about 350 non-coal mines which present a public health and safety hazard to the Navajo people. In addition, there are five large operating coal mines on the Navajo Reservation. These operating mines have generated nearly $60 million in AL funds since the Surface Mining Control and Reclamation Act was enacted in 1977. Besides the Navajo Nation, two other Indian tribes, the Crow and Hopi, enjoy significant annual coal production. The Navajo Nation is concerned about various aspects of the AML fund's operation relative to the absence of a Title V regulatory program. Currently, the Navajo Nation has approximately $30 million accumulated in its tribal share AML fund. We have never been able to access these funds because of SMCRA's requirement that Congress first act with regard to surface mining regulatory authority on Indian lands. Not having access to these funds has imposed devastating health effects on our Tribal members. Studies performed by the March of Dimes and other health authorities have documented stillborn births, heart and respiratory problems and other tragic diseases at greater than normal rates in locations on the Reservation near abandoned uranium mines. People continue to drink radioactive water and graze their animals on contaminated lands. With these facts in mind, the 100th Congress included language in H.R.1827, the FY 1987 Supplemental Appropriations bill, giving the Secretary of Interior the authority to complete review and approve the Tribe's reclamation program. Once our plan is approved, we will then be able to begin accessing our Tribal-share AML funds to deal with the devastating health and safety impacts of our abandoned mines. This action by Congress is most welcome. But it does not lessen the urgency of proceeding with additional legislation to authorize Indian tribes to assume full regulatory authority over the administration and enforcement of active surface coal mining on Indian lands. The Navajo Nation hopes to work with the Congress to pass such legislation. In the near future, the Navajo Tribal Council may implement a Navajo Reclamation Code in the absence of a SMCRA Title V statutory framework. The Crow and Hopi have similar reclamation codes which will enable them to assume primacy. The collective tribal approach in developing tribal regulatory and reclamation codes may become a controversy relative to the legislative intent of Section 710 of SMCRA. The Department of Interior and the 100th Congress must recognize the readiness of Indian tribes to assume primacy. Indeed, a decade ago SMCRA called on the Interior Department to study and report on how this could best be done. Section 710(a) of SMCRA states: "The study report shall include proposed legislation designed to allow Indian tribes to elect to assume full regulatory authority over the administration and enforcement of regulation of surface mining of coal on Indian lands". Clearly the intent of the 95th Congress was to give Indian tribes regulatory authority. In the winter of 1986 the Office of Surface Mining surfaced a Management Action Plan for Implementation of SMCPA. The Plan completely omits any reference to programs on Indian lands. Moreover, the status of the document is unknown and its contents remain uncertain. We cannot identify any reasonable justification for the omission of this document in the public notice process, or some indication that it has been withdrawn. The Navajo Nation is also deeply concerned about the pending expiration of the AML fees. Unless extended by Congress, Section 402(b) of SMCRA terminates the collection of reclamation fees levied on coal producers in 1992. Current Navajo coal leases extend into the 21st century. The Tribal share of AML funds and the Secretary's Discretionary Fund will not provide the necessary revenues for AML restoration as well as active mine-land |