Notice2026-17785
Notice of Availability of the Final Environmental Impact Statement and Record of Decision for Navajo Transitional Energy Company's Navajo Mine No Name SMCRA Permit
Primary source
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Published
September 1, 2026
Issuing agencies
Interior DepartmentSurface Mining Reclamation and Enforcement Office
Abstract
The Office of Surface Mining Reclamation and Enforcement (OSM) is publishing this notice to announce that it has prepared a Final Environmental Impact Statement (FEIS) and Record of Decision (ROD) 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.
Full Text
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<title>Federal Register, Volume 91 Issue 168 (Tuesday, September 1, 2026)</title>
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[Federal Register Volume 91, Number 168 (Tuesday, September 1, 2026)]
[Notices]
[Pages 56204-56205]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17785]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
[S1D1S SS08011000 SX064A000 266S180110; S2D2S SS08011000 SX064A000
26XS501520]
Notice of Availability of the Final Environmental Impact
Statement and Record of Decision for Navajo Transitional Energy
Company's Navajo Mine No Name SMCRA Permit
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Notice of availability of the final environmental impact
statement and record of decision.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
is publishing this notice to announce that it has prepared a Final
Environmental Impact Statement (FEIS) and Record of Decision (ROD) 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.
DATES: The U.S. Environmental Protection Agency (EPA) will also publish
a notice of availability in the Federal Register. In accordance with
the National Environmental Policy Act (NEPA), its implementing
regulations at 43 CFR part 46, and the Department of the Interior's
(Department's) Handbook of NEPA procedures, OSM has issued a single
document that consists of a FEIS and ROD, which is effective
immediately.
ADDRESSES: The FEIS and ROD and documents pertinent to this project are
available for review on OSM's website at: <a href="https://www.osmre.gov/laws-andregulations/nepa/projects">https://www.osmre.gov/laws-andregulations/nepa/projects</a>.
FOR FURTHER INFORMATION CONTACT: Marcelo Calle, Acting Regional
Director, OSM Western Regions 5, 7-11, P.O. Box 25065, Lakewood, CO
80225-0065; (303) 236-2929 or <a href="/cdn-cgi/l/email-protection#5d303e3c3131381d322e302f38733a322b"><span class="__cf_email__" data-cfemail="08656b6964646d48677b657a6d266f677e">[email protected]</span></a>.
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: OSM Western Region, U.S. Department of the
Interior Regions 5, 7-11, prepared an EIS for the No Name SMCRA Permit
application (Project). In accordance with SMCRA, OSM must approve the
Project, disapprove the Project, 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.
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 NTEC's existing
Navajo Mine operating area (OSM Permit No. NM-0043A). The No Name
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.
Purpose and Need for the Proposed Action
OSM's purpose and need for the EIS is for OSM to analyze NTEC's
SMCRA permit application package to mine Navajo Nation coal on
approximately 11,526 acres from Areas 4 South and 5 within the Navajo
Mine Lease Area (BIA 14-20-603-2505). Under the Department's Handbook
of National Environmental Policy Act Implementing Procedures, 516 DM 1
Section 2.2, ``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.''
Here, NTEC informed OSM that NTEC's goal is to exercise its valid
existing rights granted by the Navajo Nation under BIA Mine Lease No.
14-20-603-25205 to access and mine Navajo Nation coal resources, to
continue to provide coal to the Four Corners Power Plant for the
duration of operations there, and to provide coal to future customers
if the Four Corners Power Plant shuts down. NTEC was created by the
Navajo Nation to exercise sovereignty over its natural resources.
Proposed Action and Alternatives
The FEIS analyzes three alternatives: the No Action Alternative,
the Proposed Action Alternative, and the Avoid Pinabete Arroyo
Alternative.
The No Action Alternative evaluates the effects of OSM not
approving the Project. Under this alternative, NTEC would continue to
be able to mine coal within its existing SMCRA permit boundaries but
would not be authorized to expand the mine to include the proposed No
Name Permit area covering an additional 11,526 acres, would not disturb
9,042 acres of additional surface disturbance, and would not produce
the approximately 502,984,700 tons of recoverable coal.
The Proposed Action Alternative evaluates the effects of approval
of 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), authorizing the disturbance of 9,042 acres and the
production of approximately 502,984,700 tons of recoverable coal. Under
this alternative, the life of the mine would depend on the rate of
production. To account for this uncertainty, the Proposed Action
considers two demand alternatives that were included in NTEC's permit
[[Page 56205]]
application package: (1) a low demand alternative--mining up to 5
million tons of coal per year, and (2) a high demand alternative--
mining up to 15 million tons of coal per year. This alternative also
considers the 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 Avoid Pinabete Arroyo Alternative evaluates the effects of
approval of the No Name SMCRA permit with a condition that avoids
mining through Pinabete Arroyo in Area 4 South. The Avoid Pinabete
Arroyo Alternative was identified during the scoping process. Under
this alternative, there would be no need for a diversion of Pinabete
Arroyo into No Name Arroyo, although mining equipment would need to
cross the arroyo to access the areas west of Pinabete Arroyo. Because
this alternative would reduce the area available for mining within the
permit area, the total recovery of coal would be less than estimated
for the Proposed Action.
Based on the analyses contained in the FEIS, OSM selected the
Proposed Action as the preferred alternative.
Summary of Expected Impacts
The FEIS evaluated the following reasonably foreseeable effects of
the Project:
<bullet> Air Quality and GHG Emissions
<bullet> Cultural Resources
<bullet> Fish and Wildlife
<bullet> Geology, Mineral Resources and Paleontology
<bullet> Hazardous and Solid Waste
<bullet> Public Health and Safety
<bullet> Land Use and Transportation
<bullet> Noise and Vibration
<bullet> Socioeconomics
<bullet> Vegetation and Invasive Species
<bullet> Visual Resources
<bullet> Water Resources and Hydrology
Anticipated Permits and Authorizations
SMCRA permit.
Public Participation
OSM issued a notice of intent (NOI) to prepare an EIS in the
Federal Register on January 15, 2026, announced the NOI through a news
release and on its website, and hosted a 20-day public scoping period.
OSM requested public scoping comments to identify any additional
relevant issues concerning the proposed SMCRA permit that should be
evaluated in the EIS. Public comment on the Project was accepted
through mail, email, and during a public scoping meeting. OSM received
37 comment letters during the public scoping period. Comment letters
received during the public scoping periods were reviewed, and a
description of issues analyzed are summarized in the FEIS.
Lead and Cooperating Agencies
OSM is the lead agency for this EIS. The Bureau of Land Management,
Environmental Protection Agency, Navajo Nation Department of
Agriculture, Navajo Nation Mineral Program, and Navajo Nation
Department of Fish and Wildlife are cooperating agencies.
Decision Maker
OSM.
OSM Decision
Informed by, at a minimum, the material required at 30 CFR 746.13,
including information prepared in compliance with NEPA, OSM must make a
decision about the proposed No Name SMCRA permit application. As
documented in the ROD, OSM will approve the No Name SMCRA permit
application.
Marcelo Calle,
Acting Regional Director, Unified Regions 5 & 7-11.
[FR Doc. 2026-17785 Filed 8-31-26; 8:45 am]
BILLING CODE 4310-05-P
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