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Indian Lands Program

Regulation of Coal Mining and Reclamation Operations on Indian Lands

OSMRE is the regulatory authority on all coal mining and reclamation operations located on Indian Lands. Indian Lands means all lands, including mineral interests, within the exterior boundaries of any Federal Indian reservation, notwithstanding the issuance of any patent, and including rights-of-way and all lands including mineral interests held in trust for or supervised by an Indian tribe. 

Currently, OSMRE is the regulatory authority on coal mining and reclamation operations located on the Crow, Hopi, Navajo and Ute Mountain Ute reservations and all lands supervised by those tribes.  As the regulatory authority, OSMRE is responsible for:

  • The review of applications to conduct mining and reclamation operations
  • Inspection of coal mining and reclamation operations to ensure public and environmental health protection
  • Ensuring the full reclamation of the site before the lands are returned to the tribes

The Indian Lands Program is responsible for administering permitting activities associated with properties across the nation.  

Four of these properties currently involve active mining and reclamation operations, while the remaining four no longer are being disturbed and involve only reclamation activities.

To ensure the protection of public and environmental health, OSMRE works in partnership with tribal governments, other federal agencies, such as: the Bureau of Indian Affairs (BIA), Bureau of Land Management (BLM), U.S. Fish and Wildlife Service, Environmental Protection Agency and Army Corps of Engineers. More information on this federal partnership with BIA and BLM can be found in Attachment G of the Onshore Energy & Mineral Lease Management Interagency Standard Operating Procedures.pdf

For more information on OSMRE's Indian Lands Program, contact  Mychal Yellowman at myellowman@osmre.gov 

Reclaimed landscape at McKinley North Mine on the Navajo Nation
Reclaimed land at McKinley North Mine on the Navajo Nation

 

Photo showing where the coal conveyor belt line was with a mostly cloudy sky with sunbeams shining down behind the coal silo.
Kayenta Mine coal conveyor belt has been removed and its corridor has been reclaimed

J19 and N11 Phase II Bond Release Application Announcement

Peabody Western Coal Company (PWCC) has filed an application with the Office of Surface Mining Reclamation and Enforcement (OSMRE) for bond release on a portion of the lands in the J19 and N11 Coal Resource Areas (CRAs) within the Kayenta Mine Permit AZ-0001F. PWCC is seeking a release of Phase II bond liability for a portion of the J19 and N11 areas currently under bond with Indemnity National Insurance Company, Zurich American Insurance Company, Continental Casualty Company, National Fire Insurance Company of Hartford, Liberty Mutual Insurance Company, and Travelers Casualty and Surety Company of America. PWCC is seeking a reduction in bond of $4,272,941 under the Phase II application. The total combined bond for Kayenta Mine is $178,569,992.

The Phase II bond release application consists of information currently contained in the AZ-0001F permit application package (PAP) approved January 17, 2017. The PAP outlines PWCC’s reclamation operations on Permanent Program Lands. The total area in J19 and N11 requested for Phase II release is 1,262 acres. Reclamation was completed between 1999 and 2019. Reclamation activities included backfilling and grading, drainage control construction, mitigation of unsuitable material, replacement of soil or plant growth media, and revegetation. The Kayenta Mine permit for the release areas is under Navajo Tribal Coal Leases 14-20-0603-8580/14-20-0603-9910 and Hopi Tribal Coal Lease 14-20-0450-5743 and operates pursuant to Code of Federal Regulations (CFR), Title 30; Subchapter E, Part 750; Subchapter G, Parts 773 and 774; and Subchapter K, Parts 810 and 816. This notice is hereby given that:

  1. The name and business address of the applicant is:
         Peabody Western Coal Company
         Kayenta Mine
         P.O. Box 650
         Kayenta, AZ 86033
     
  2. The mine permit area is located approximately 18 miles south southwest of Kayenta, Arizona. The permit area for the Phase II bond release areas is located in USGS 7.5-minute quadrangle maps “Yucca Hill”, “Long House Valley”, and “Marsh Pass SE” within the following lands of Navajo County, Arizona that are described relative to the Gila and Salt River Base Meridian as:

         A total of 408 acres of land located within the J19 CRA. The computer-
         generated centroid location is Latitude 36° 44’ 66.25” N and Longitude 110°
         31’ 47.68” W.

         A total of 854 acres of land located within the N11 CRA. The computer-
         generated centroid location is Latitude 36° 53’ 34.94” N and Longitude 110°
         36’ 90.72” W.
     

  3. Locations of where copies of the application and permit are available for public review and/or inspection are:

    The Navajo Nation Minerals Department
    Navajo Route 41
    Window Rock Boulevard
    Window Rock, AZ 86515

    Forest Lake Chapter House
    17 miles north of Pinon
    Pinon, AZ 86510

    Office of Surface Mining
    Reclamation and Enforcement
    Western Region Office
    One Federal Center, Building 41
    Lakewood, CO 80225

    Peabody Western Coal Company
    Kayenta Mine
    Mesa Central Warehouse Office Complex
    8 miles from Hyw 160 and Rt 41 Junction
    Kayenta, AZ 86033
     

  4. The names and addresses of the OSM-WRCC representative where written comments, objections, requests for a public hearing, or requests for an informal conference may be submitted on or before 5:00 p.m., May 30, 2023, thirty (30) days after the last publication date are:

    Ms. Amy Ryser
    Western Region Office
    Office of Surface Mining Reclamation & Enforcement
    One Federal Center, Building 41
    Lakewood, CO 80225-0065
    aryser@osmre.gov
     

  5. Interested persons may obtain more information concerning the bond release by contacting Marie Shepherd, Senior Manager Environmental for PWCC at 928-677-5130.
     
  6. The application has been filed with OSMRE and will be acted upon pursuant to the Permanent Regulatory Program (30 CFR Parts 750 and 774) approved by the Secretary of the Interior under Title V of the Surface mining Control and Reclamation Act of 1977

Materials Related to J19 and N11 Phase II Application: 

 

J19 and J21 Phase I  Bond Release Application Announcement

Peabody Western Coal Company (PWCC) has filed an application with the Office of Surface Mining Reclamation and Enforcement (OSMRE) for bond release on a portion of the lands in the J19 and J21 Coal Resource Areas (CRAs) within the Kayenta Mine Permit AZ-0001F. PWCC is seeking a release of Phase I bond liability for a portion of the J19 and J21 areas currently under bond with Indemnity National Insurance Company, Zurich American Insurance Company, Continental Casualty Company, National Fire Insurance Company of Hartford, Liberty Mutual Insurance Company, and Travelers Casualty and Surety Company of America. PWCC is seeking a reduction in bond of $15,035,922 under the Phase I application. The total combined bond for Kayenta Mine is $178,569,992.

The Phase I bond release application consists of information currently contained in the AZ-0001F permit application package (PAP) approved October 3, 2017. The PAP outlines PWCC’s reclamation operations on Permanent Program Lands. The total areas in J19 and J21 requested for Phase I release is 305 acres. Reclamation was completed between 2002 and 2022. Reclamation activities were completed in accordance with the approved PAP and included backfilling, grading, mitigation of unsuitable material, drainage control construction, and replacement of suitable soil or plant growth media. The Kayenta Mine permit for the release areas is under Navajo Tribal Coal Lease 14-20-0603-9910 and Hopi Tribal Coal Lease 14-20-0450-5743 and operates pursuant to Code of Federal Regulations (CFR), Title 30; Subchapter E, Part 750; Subchapter G, Parts 773 and 774; and Subchapter K, Parts 810 and 816. This notice is hereby given that:

1. The name and business address of the applicant is:

Peabody Western Coal Company
Kayenta Mine
P.O. Box 650
Kayenta, AZ 86033

2. The mine permit area is located approximately 18 miles south southwest of Kayenta, Arizona. The permit area for the Phase I bond release areas is located in USGS 7.5-minute quadrangle map “Yucca Hill” within the following lands of Navajo County, Arizona that are described relative to the Gila and Salt River Base Meridian as:

A total of 37 acres of land located within the J19 CRA. The computer-generated centroid location is Latitude 36° 26’ 49.8” N and Longitude 110° 19’ 15.2” W. A total of 268 acres of land located within the J21 CRA. The computer-generated centroid location is Latitude 36° 24’ 59.3” N and Longitude 110° 17’ 29.9” W.

3. Locations of where copies of the application and permit are available for public review and/or inspection are:

The Navajo Nation Minerals Department
Office of Surface Mining
Window Rock Boulevard
Window Rock, AZ 86515

Forest Lake Chapter House
Navajo Route 41
17 miles north of Pinon
86515 Pinon, AZ 86510

Peabody Western Coal Company
Kayenta Mine
Mesa Central Warehouse Office Complex
8 miles from Hwy 160 and Rt 41 Junction
Kayenta, AZ 86033

Office of Surface Mining
One Federal Center, Building 41
Lakewood, CO 80225-0065

4. The name and address of the OSMRE-WRO representative where written comments, objections, requests for a public hearing, or requests for an informal conference may be submitted on or before 5:00 p.m., May 30, 2023:

Ms. Amy Ryser
Western Region Office
Office of Surface Mining Reclamation and  Enforcement
P. O. Box 25065

One Federal Center, Building 41
Lakewood, CO 80225-0065
WR Permitting Information Line, 1-866-847-7362

5. Interested persons may obtain more information concerning the bond release by contacting Marie Shepherd, Senior Manager Environmental for PWCC at 928-677-5130.

6. The application has been filed with OSMRE and will be acted upon pursuant to the Permanent Regulatory Program (30 CFR Parts 750 and 774) approved by the Secretary of the Interior under Title V of the Surface mining Control and Reclamation Act of 1977.

Materials Related to J19 and J21 Phase I Application:

Kayenta Mine Complex Story Map

https://storymaps.arcgis.com/stories/eb1a9eaa0db1467dabfe616f02c1a53c

Reclaim Restore & More Podcast with Mychal Yellowman on the Kayenta and Black Mesa mine sites

Photograph looking down on heavy machinery demolishing and removing the Black Mesa Preparation Plant buildings and facilities.
Black Mesa Preparation Plant - Heavy machinery demolishing and removing  buildings and all associated facilities. 

The Black Mesa Preparation Plant is located on Hopi and Navajo land.  No coal was mined within its 40 acre footprint, but it was used by the Black Mesa Mine. The Black Mesa Preparation Plant is under full reclamation. 

For more information on the Black Mesa Preparation Plant, contact OSMRE Mine Team Leader, Amy Ryser at aryser@osmre.gov

 

Photo of reclamation activities at the Navajo Mine. The photo has undisturbed badlands in the background and then different phase of reclamation in the foreground. The phase show fully reclaimed to newly topsoiled land.
Navajo Mine - Background shows undisturbed natural badlands with reclaimed land in foreground

The Navajo & Pinabete Mines are located on the Navajo Nation near Fruitland, New Mexico. The Navajo & Pinabete Mines are surface mining operations and are the only active mining operations on the Navajo Nation. 

For more information on the Navajo & Pinabete Mines, contact Acting OSMRE Mine Team Leader, Flynn Dickinson at fdickinson@osmre.gov

 

Photo of hand gently holding a horned toad lizard at the McKinely Mine on the Navajo Nation
"Cheii" (horned toad lizard) that has made its home on reclaimed land at the McKinley North Mine on the Navajo Nation

The McKinley North Mine is located on the Navajo Nation near Tse Bonito, New Mexico.  The McKinley Mine only had reclamation activities. 

For more information on the McKinley North Mine, contact OSMRE Mine Team Leader, Alex Birchfield at abirchfield@osmre.gov

 

Photograph showing the low-cover crossing at King II Mine. The low-cover crossing is a structure composed of corrugated metal tunnels buried underground to connect underground workings.
King II Mine - Construction of the low-cover crossing to connect areas of the underground coal mine

The King II Mine is an underground mine that is partially located under private land owned by the Ute Mountain Ute Tribe. The mine is near Hesperus, Colorado. 

For more information on the Kind II Mine, contact OSMRE Mine Team Leader, Jeremy Spangler at jspangler@osmre.gov

 

Photograph showing various stages of reclamation at the Absaloka South Mine on Crow Land. From background to foreground it shows undisturbed trees, re-vegetation, topsoil laydown and graded spoil on a hill landscape.
Absaloka Mine - Various stages of reclamation from fully seeded in background to topsoil distribution and re-grading of spoil to approximate original contour in the foreground. 

OSMRE's Casper Field Office is the regulatory authority for the Absaloka South Mine.  The Absaloka South Mine is located on Crow Tribal Surface.  

For more information on the Absaloka South Mine, contact OSMRE Mine Team Leader, Frank Bartlett at fbartlett@osmre.gov 

OSMRE's Tulsa Field Office is the regulatory authority for the McCurtain Mine. The McCurtain Mine is located within the external boundaries of the historic Choctaw Nation Reservation in Oklahoma.  

For more information on the McCurtain Mine, contact Brian Hicks at bhicks@osmre.gov.

Farrell-Cooper Mining Company has applied to OSMRE for a permit to mine coal by underground methods. Under the federal Indian lands program, permit OK-042F-CC essentially would be a reissue of permit 4285F that had been issued by the Oklahoma Department of Mines in March 2012.

Any person whose interest may be adversely affected by the reissuance of the permit may make written comments to the Office of Surface Mining Reclamation and Enforcement, 501 Belle Street, Suite 216, Alton, IL 62002.

Comments, objections, or request for an informal conference must be submitted by October 1, 2022.