[Federal Register Volume 60, Number 79 (Tuesday, April 25, 1995)]
[Proposed Rules]
[Pages 20251-20252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10168]



[[Page 20251]]


DEPARTMENT OF THE INTERIOR

30 CFR Part 926


Montana Abandoned Mine Land Reclamation (AMLR) Plan

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

ACTION: Proposed rule; public comment period and opportunity for public 
hearing on proposed amendment.

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SUMMARY: OSM is announcing receipt of a proposed amendment to the 
Montana AMLR plan (hereinafter, the ``Montana plan'') under the Surface 
Mining Control and Reclamation Act of 1977 (SMCRA). The proposed 
amendment consists of the addition of new provisions to the Montana 
plan concerning the reclamation of interim program and insolvent surety 
bond forfeiture coal sites, future set-aside funds and an acid mine 
drainage program, and water supply replacement project requirements. 
The amendment is intended to incorporate the additional flexibility 
afforded by SMCRA, as amended by the Omnibus Budget Reconciliation Act 
of 1990 (Pub. L. 101-508), and to improve operational efficiency.

DATES: Written comments must be received by 4 p.m., m.d.t., May 25, 
1995. If requested, a public hearing on the proposed amendment will be 
held on May 22, 1995. Requests to present oral testimony at the hearing 
must be received by 4 p.m., m.d.t., on May 10, 1995.

ADDRESSES: Written comments should be mailed or hand delivered to Guy 
Padgett at the address listed below.
    Copies of the Montana plan, the proposed amendment, and all written 
comments received in response to this document will be available for 
public review at the addresses listed below during normal business 
hours, Monday through Friday, excluding holidays. Each requester may 
receive one free copy of the proposed amendment by contacting OSM's 
Casper Field Office.

Guy Padgett, Director, Casper Field Office, Office of Surface Mining 
Reclamation and Enforcement, 100 East B Street, room 2128, Casper, 
Wyoming 82601-1918
Vic Anderson, Director, Abandoned Mine Reclamation Bureau, Montana 
Department of State Lands, Capitol Station, 1625 Eleventh Avenue, 
Helena, Montana 59620, Telephone: (406) 444-2074

FOR FURTHER INFORMATION CONTACT:
Guy Padgett, Telephone: (307) 261-5776.

SUPPLEMENTARY INFORMATION: 

I. Background on the Montana AMLR Plan

    On November 24, 1980, the Secretary of the Interior approved the 
Montana plan. General background information, including the Secretary's 
findings, the disposition of comments, and the approval of the Montana 
plan can be found in the November 24, 1980, Federal Register (45 FR 
70445). Subsequent actions concerning Montana's plan and plan 
amendments can be found at 30 CFR 926.20 and 926.25.

II. Proposed Amendment

    By letter dated March 22, 1995 (administrative record No. MT-AML-
01), and memorandum dated April 5, 1995 (administrative record No. MT-
AML-02), Montana submitted a proposed amendment to its AMLR plan 
pursuant to SMCRA. Montana submitted the proposed amendment at its own 
initiative. Montana proposed to revise its AMLR plan to allow 
implementation of several initiatives established under the Omnibus 
Budget Reconciliation Act of 1990 (Pub. L. 101-508). The first 
initiative involves use of abandoned mine reclamation funds for 
reclaiming high priority sites where mining occurred during the period 
beginning on August 4, 1977, and ending on or before April 1, 1980, and 
where any funds available for reclamation or abatement are not 
sufficient to provide for adequate reclamation or abatement at the 
site. The second initiative involves use of abandoned mine reclamation 
funds for reclaiming high priority sites where mining occurred during 
the period beginning on August 4, 1977, and ending on or before 
November 5, 1990, during which time the surety became insolvent, and 
where funds immediately available from proceedings relating to such 
insolvency or from any other source, are not sufficient to provide for 
adequate reclamation or abatement at the site. The third initiative 
involves setting aside up to 10 percent of the total of the abandoned 
mine reclamation grants made annually to Montana to provide for 
restoration of eligible lands and waters after expiration of the 
Federal abandoned mine land program and implementation of an acid mine 
drainage program. The fourth initiative allows Montana to expend up to 
30 percent of the abandoned mine reclamation grant funds allocated each 
year to the State for the purpose of protecting, repairing, replacing, 
constructing, or enhancing facilities relating to water supply, 
including water distribution facilities and treatment plants, and to 
replace water supplies adversely affected by past mineral mining 
practices.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 884.15(a) and 
884.14(a), OSM is seeking comments on whether the proposed amendment 
satisfies the applicable plan approval criteria of 30 CFR 884.14. If 
the amendment is deemed adequate, it will become part of the Montana 
plan.

1. Written Comments

    Written comments should be specific, pertain only to the issues 
proposed in this rulemaking, and include explanations in support of the 
commenter's recommendations. Comments received after the time indicated 
under dates or at locations other than the Casper Field Office will not 
necessarily be considered in the final rulemaking or included in the 
administrative record.

2. Public Hearing

    Persons wishing to testify at the public hearing should contact the 
person listed under for further information contact by 4:00 p.m., 
m.d.t., May 10, 1995. The location and time of the hearing will be 
arranged with those persons requesting the hearing. Any disabled 
individual who has need for a special accommodation to attend a public 
hearing should contact the individual listed under FOR FURTHER 
INFORMATION CONTACT. If no one requests an opportunity to testify at 
the public hearing, the hearing will not be held.
    Filing of a written statement at the time of the hearing is 
requested as it will greatly assist the transcriber. Submission of 
written statements in advance of the hearing will allow OSM officials 
to prepare adequate responses and appropriate questions.
    The public hearing will continue on the specified date until all 
persons scheduled to testify have been heard. Persons in the audience 
who have not been scheduled to testify, and who wish to do so, will be 
heard following those who have been scheduled. The hearing will end 
after all persons scheduled to testify and persons present in the 
audience who wish to testify have been heard.

3. Public Meeting

    If only one person requests an opportunity to testify at a hearing, 
a public meeting, rather than a public hearing, may be held. Persons 
wishing to meet with OSM representatives to discuss the proposed 
amendment may [[Page 20252]] request a meeting by contacting the person 
listed under for further information contact. All such meetings will be 
open to the public and, if possible, notices of meetings will be posted 
at the locations listed under addresses. A written summary of each 
meeting will be made a part of the administrative record.

IV. Procedural Determinations

1. Executive Order 12866

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12866 (Regulatory Planning and 
Review).

2. Executive Order 12778

    The Department of the Interior has conducted the reviews required 
by section 2 of Executive Order 12778 (Civil Justice Reform) and has 
determined that this rule meets the applicable standards of subsections 
(a) and (b) of that section. However, these standards are not 
applicable to the actual language of State or Tribal AMLR plans and 
revisions thereof since each such plan is drafted and promulgated by a 
specific State or Tribe, not by OSM. Decisions on proposed State or 
Tribal AMLR plans and revisions thereof submitted by a State or Tribe 
are based on a determination of whether the submittal meets the 
requirements of Title IV of SMCRA (30 U.S.C. 1231-1243) and the 
applicable Federal regulations at 30 CFR parts 884 and 888.

3. National Environmental Policy Act

    No environmental impact statement is required for this rule since 
agency decisions on proposed State or Tribe AMLR plans and revisions 
thereof are categorically excluded from compliance with the National 
Environmental Policy Act (42 U.S.C. 4332) by the Manual of the 
Department of the Interior (516 DM 6, appendix 8, paragraph 8.4B(29)).

4. Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 
3507 et seq.).

5. Regulatory Flexibility Act

    The Department of the Interior has determined that this rule will 
not have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
The State submittal which is the subject of this rule is based upon 
Federal regulations for which an economic analysis was prepared and 
certification made that such regulations would not have a significant 
economic effect upon a substantial number of small entities. 
Accordingly, this rule will ensure that existing requirements 
established by SMCRA or previously promulgated by OSM will be 
implemented by the State. In making the determination as to whether 
this rule would have a significant economic impact, the Department 
relied upon the data and assumptions in the analyses for the 
corresponding Federal regulations.

List of Subjects in 30 CFR Part 926

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: April 19, 1995.
Russell F. Price,
Acting Assistant Director , Western Support Center.
[FR Doc. 95-10168 Filed 4-24-95; 8:45 am]
BILLING CODE 4310-05-M