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Notice2026-00702

Notice of Intent To Prepare an Environmental Impact Statement for Navajo Transitional Energy Company's No Name Permit Surface Mining Control & Reclamation Act Permit Application

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Published
January 15, 2026

Issuing agencies

Interior DepartmentSurface Mining Reclamation and Enforcement Office

Abstract

The Office of Surface Mining Reclamation and Enforcement (OSMRE) is publishing this notice to announce that it will prepare an environmental impact statement (EIS) for Navajo Transitional Energy Company's (NTEC) proposed Surface Mining Control and Reclamation Act of 1977 (SMCRA) permit for the No Name Permit area within NTEC's existing Navajo Mine Lease 14-20-603-2505. With this notice, OSMRE is also providing notification to the public that it will hold a public scoping meeting and provide for a public scoping period to receive comments on the environmental issues that OSMRE should analyze in this EIS. If approved, the permit boundary would encompass 11,526 acres and authorize surface mining and reclamation operations on 9,042 acres and the recovery of 502 million tons of Navajo Nation coal.

Full Text

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<title>Federal Register, Volume 91 Issue 10 (Thursday, January 15, 2026)</title>
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[Federal Register Volume 91, Number 10 (Thursday, January 15, 2026)]
[Notices]
[Pages 1814-1815]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00702]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

[S1D1S SS08011000 SX064A000 256S180110; S2D2S SS08011000 SX064A000 
25XS501520]


Notice of Intent To Prepare an Environmental Impact Statement for 
Navajo Transitional Energy Company's No Name Permit Surface Mining 
Control & Reclamation Act Permit Application

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement 
(OSMRE) is publishing this notice to announce that it will prepare an 
environmental impact statement (EIS) for Navajo Transitional Energy 
Company's (NTEC) proposed Surface Mining Control and Reclamation Act of 
1977 (SMCRA) permit for the No Name Permit area within NTEC's existing 
Navajo Mine Lease 14-20-603-2505. With this notice, OSMRE is also 
providing notification to the public that it will hold a public scoping 
meeting and provide for a public scoping period to receive comments on 
the environmental issues that OSMRE should analyze in this EIS. If 
approved, the permit boundary would encompass 11,526 acres and 
authorize surface mining and reclamation operations on 9,042 acres and 
the recovery of 502 million tons of Navajo Nation coal.

DATES: OSMRE requests comments concerning the scope of the analysis in 
the EIS, as well as reasonable alternatives to be considered, and 
identification of relevant information, studies, and analyses that may 
be useful in evaluating potential impacts of the proposed action and 
alternatives. All comments must be received by February 4, 2026. The 
public scoping meeting will be held at the Burnham Chapter House on the 
Navajo Nation on Thursday, January 29, 2026, from 3:00 p.m. to 7:00 
p.m.

ADDRESSES: You may submit comments related to the Project by either of 
the following methods:
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#256b4a6b4448406b607564664a4848404b51566546400b564a4950514c4a4b56"><span class="__cf_email__" data-cfemail="2a6445644b474f646f7a6b694547474f445e596a494f045945465f5e43454459">[email&#160;protected]</span></a>. Be sure to send 
emails with the subject line: ATTN: No Name SMCRA Permit EIS.
    <bullet> Mail: ATTN No Name SMCRA Permit EIS, C/O Roberta 
Mart[iacute]nez Hern[aacute]ndez, OSMRE Western Regions 5, 7-11, P.O. 
Box 25065, Lakewood, CO 80225-0065.

FOR FURTHER INFORMATION CONTACT: Roberta Mart[iacute]nez 
Hern[aacute]ndez, NEPA Project Manager, email: 
<a href="/cdn-cgi/l/email-protection#fd8f909c8f899493988795988f939c93999887bd928e908f98d39a928b"><span class="__cf_email__" data-cfemail="61130c001315080f041b0904130f000f05041b210e120c13044f060e17">[email&#160;protected]</span></a> or at the address provided in the 
ADDRESSES section. Individuals who use telecommunication devices for 
the deaf (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 Regions 5, 7-11 will prepare an EIS 
for the No Name SMCRA Permit application (Project). In accordance with 
SMCRA, OSMRE must approve, disapprove, or approve the Project with 
conditions because the Project is on Indian lands, as that term is 
defined under SMCRA, including tribal lands with leased tribal coal 
(BIA Mine Lease 14-20-603-2505). The lease agreement grants NTEC the 
right to mine within the lease area; however, mining cannot occur until 
a SMCRA permit is obtained. The Navajo Nation owns the surface and 
mineral rights of the entire lease area and the permit areas located 
within it.
    OSMRE will prepare an EIS to analyze the potential environmental 
effects of the Project. The EIS will analyze the potential 
environmental effects of mining, including the realignment of Burnham 
Road and the Pinabete Arroyo. The only current customer of the Navajo 
Mine Complex is the Four Corners Power Plant, which has an approved 
lease through 2041; therefore, it is reasonably foreseeable that all 
coal mined at the Project will be used at the plant until 2041. Beyond 
2041, the ultimate destination for the coal from the Project is 
unknown.
    The No Name Permit area is located on the Navajo Nation 
approximately 22 miles from Farmington, New Mexico. The proposed 
surface coal mine is within NTEC's existing Navajo Mine Lease 14-20-
603-2505, located adjacent to the southern boundary of the current 
Navajo Mine (OSMRE Permit No. NM-0042B) and adjacent to NTEC's Pinabete 
permit southern boundary. The No Name boundary permit area covers 
11,526 acres, completely within tribal lands, and the current surface 
land use is grazing. The Project would allow for 9,042 acres of 
additional surface disturbance and production of 502,984,700 tons of 
recoverable coal, extending the life of the mine to 2136. The initial 
permit will be for five years with a right of renewal for the life of 
the mine, as long as all legal requirements are met. The annual 
production rate for the Project is anticipated to be approximately 5 
million tons per year,

[[Page 1815]]

starting in 2031, which is the rate OSMRE intends to use to consider 
potential environmental impacts resulting from the Project.

Purpose and Need for the Proposed Action

    The purpose and need for this EIS is for OSMRE to fulfill its 
obligation to ensure compliance with the requirements of NEPA with 
respect to permitting actions for surface coal mining and reclamation 
operations on Indian lands under 30 CFR 750.6(a)(7). 516 DM 1, Sec. 
2.2.
    Under the Department's Handbook of National Environmental Policy 
Act Implementing Procedures, 516 DM 1, ``when the proposed action 
concerns a bureau's duty to act on an application for authorization, 
the purpose and need for the proposed action will also be informed by 
the goals of the applicant.'' 516 DM 1, Sec. 2.2. Here, NTEC informed 
OSMRE that the Project is needed to allow NTEC to mine coal within its 
leased areas, to continue to provide coal to the Four Corners Power 
Plant for the duration of the Plant's continued operations, and to 
provide coal to future customers if the Four Corners Power Plant shuts 
down. NTEC was established by the Navajo Nation to exercise sovereignty 
over its natural resources. NTEC informed OSMRE that its purpose, 
including for the No Name Project, is to promote the development of the 
Navajo Nation's resources and new sources of energy, power, and 
transmission.

Preliminary Proposed Project and Alternatives

    The Project proposes a new SMCRA permit area within Area 4 South 
and Area 5 of NTEC's existing Navajo Mine Lease 14-20-603-2505, located 
on the western flank of the San Juan Structural Basin south of the 
Navajo Mine (the No Name SMCRA Permit). The life of the mine would 
depend on the rate of production. The Project would require diversion 
of the Pinabete Arroyo into No Name Arroyo to mine in Area 4 South, as 
well as realignment of 7 miles of Burnham Road.
    The EIS will evaluate the Proposed Action Alternative, a High 
Demand Alternative, and a No Action Alternative, and may evaluate 
additional action alternatives if other reasonable alternatives are 
identified that are technically and economically feasible, meet the 
purpose and need for the proposed action, are within the jurisdiction 
of OSMRE, and meet the goals of NTEC. Under the Proposed Action 
Alternative, mining would occur at a rate of 5 million tons per year, 
and the mine would operate through 2136. Under a High Demand 
Alternative, mining would occur at a rate of 15 million tons per year 
starting in 2036, and the mine would operate through 2076. Under both 
the Proposed Action Alternative and the High Demand Alternative, the 
permit boundary would encompass 11,526 acres and authorize surface 
mining and reclamation operations on 9,042 acres and the recovery of 
502 million tons of Navajo Nation coal. Under the No Action 
Alternative, OSMRE would not approve the Project and no mining 
disturbance would occur.

Summary of Expected Impacts

    OSMRE has completed internal scoping and identified preliminary 
analysis issues that will be evaluated in the EIS. The following 
reasonably foreseeable effects of mining coal within the No Name permit 
area will be evaluated for the following resources:
    <bullet> Impacts to surface water resources quality and quantity as 
a result of diverting the Pinabete Arroyo; potential wastewater 
discharges to the No Name and Pinabete Arroyos; and water use during 
mining and reclamation;
    <bullet> Impacts to groundwater quality and quantity as a result of 
surface mining and reclamation activities that may require dewatering;
    <bullet> Impacts to air resources as a result of the Project;
    <bullet> Disturbances to potential archaeological and tribal 
cultural resources as a result of ground-disturbance from surface 
mining activities;
    <bullet> Impacts to topography and physiography from surface mining 
and reclamation activities;
    <bullet> Impacts to wildlife, vegetation, and federally listed and 
proposed threatened/endangered species from the Project (e.g., 
increased noise, ground disturbance, vegetation removal); and
    <bullet> Potential increases in ambient noise and vibration at 
sensitive receptor locations as a result of mining and reclamation 
activities.

Anticipated Permits and Authorizations

    OSMRE action on the federal SMCRA permit.

Schedule for the Decision-Making Process

    The Department plans to issue the Record of Decision in 2026.

Public Scoping Process

    All public scoping 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 web page located at (<a href="https://www.osmre.gov/laws-and-regulations/nepa/projects">https://www.osmre.gov/laws-and-regulations/nepa/projects</a>) includes the description of the Project, a 
map of the proposed mining area, and information about how to submit 
public comment on issues or concerns related to the Project. In 
addition to comments concerning the scope of the EIS analysis, 
commenters are encouraged to identify relevant information, studies, 
and analyses that would assist OSMRE in making its decision and in 
identifying potential alternatives to the Project.
    OSMRE will review and consider all public scoping comments received 
and prepare a Scoping Summary Report. The Scoping Summary Report will 
be used by OSMRE to identify issues to be included in the EIS analysis, 
resources and issues that can be dismissed from detailed analysis 
because they are not present or not affected by the Project, and 
potential alternatives to be analyzed.

Lead and Cooperating Agencies

    OSMRE is the lead agency for this EIS. The U.S. Environmental 
Protection Agency, Bureau of Land Management, Bureau of Indian Affairs, 
the Navajo Mineral Program, and Navajo Nation Environmental Protection 
Agency have been invited to be cooperating agencies. Other federal 
agencies, state, tribal, and local governments with jurisdiction by law 
or special expertise that are interested in participating in the 
preparation of this EIS should contact the above-mentioned NEPA Project 
Manager.

Decision Maker

    Office of Surface Mining Reclamation and Enforcement.

Nature of Decision To Be Made

    Informed, in part, by the EIS analysis, OSMRE will make a decision 
to approve, disapprove, or approve with conditions the No Name Permit 
area SMCRA permit application.

Marcelo Calle,
Acting Regional Director, Unified Interior Regions 5, 7-11.
[FR Doc. 2026-00702 Filed 1-14-26; 8:45 am]
BILLING CODE 4310-05-P


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