[Federal Register Volume 60, Number 107 (Monday, June 5, 1995)]
[Proposed Rules]
[Pages 29521-29523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13665]



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DEPARTMENT OF THE INTERIOR
30 CFR Part 926


Montana Regulatory Program and Abandoned Mine Land Reclamation 
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 regulatory program (hereinafter, the ``Montana program'') and 
abandoned mine land reclamation plan (hereinafter, the ``Montana 
plan'') under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA). The proposed amendment consists of revisions to statutes 
pertaining to the designation of the Montana State Regulatory Authority 
and reclamation agency under SMCRA, statutory definitions including 
those of ``prospecting'' and ``prime farmland,'' revegetation success 
criteria for bond release, prospecting under notices of intent, and 
permit renewal. The amendment is intended to revise the Montana program 
to be consistent with the corresponding Federal regulations and SMCRA, 
and to improve program efficiency.

DATES: Written comments must be received by 4:00 p.m., m.d.t., July 5, 
1995. If requested, a public hearing on the proposed amendment will be 
held on June 30, 1995. Requests to present oral testimony at the 
hearing must be received by 4:00 p.m., m.d.t., on June 20, 1995.

ADDRESSES: Written comments should be mailed or hand delivered to Guy 
Padgett at the address listed below.
    Copies of the Montana program, 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, WY 
82601-1918, Telephone: (307) 261-5776.
Gary Amestoy, Administrator, Montana Department of State Lands, 
Reclamation Division, Capitol Station, 1625 Eleventh Avenue, Helena, 
Montana 59620, (406) 444-2074.

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

SUPPLEMENTARY INFORMATION:

I. Background on the Montana Program and Montana Plan

    On April 1, 1980, the Secretary of the Interior conditionally 
approved the Montana program as administered by the Department of State 
Lands. General background information on the Montana program, including 
the Secretary's findings, the disposition of comments, and conditions 
of approval of the Montana program can be found in the April 1, 1980, 
Federal Register (45 FR 21560). Subsequent actions concerning Montana's 
program and program amendments can be found at 30 CFR 926.15, 926.16, 
and 926.30. [[Page 29522]] 
    On October 24, 1980, the Secretary of the Interior conditionally 
approved the Montana plan as administered by the Department of State 
Lands. General background information on the Montana program, including 
the Secretary's findings, the disposition of comments, and conditions 
of approval of the Montana plan can be found in the October 24, 1980, 
Federal Register (45 FR 70445). Subsequent actions concerning Montana's 
program and program amendments can be found at 30 CFR 926.20.

II. Proposed Amendment

    By letter dated May 16, 1995, Montana submitted a proposed 
amendment to its program and plan pursuant to SMCRA (30 U.S.C. 1201 et 
seq.) (Administrative Record No. MT-14-01). Montana submitted the 
proposed amendment in response to the required program amendments at 30 
CFR 926.16 (f) and (g), and at its own initiative. The provisions of 
the Montana Code Annotated (MCA) that Montana proposes to revise are: 
82-4-203, MCA (definitions); 82-4-204, MCA (rulemaking authority); 82-
4-205, MCA (administration by Department of Environmental Quality); 82-
4-221, MCA (mining permit required); 82-4-223, MCA (permit fee and 
surety bond); 82-4-226(8), MCA (prospecting permit); 82-4-226, MCA 
(prospecting permit); 82-4-227, MCA (refusal of permit); 82-4-231, MCA 
(submission of and action on reclamation plan); 82-4-232, MCA (area 
mining; bond; alternate plan); 82-4-235, MCA (inspection of vegetation; 
final bond release); 82-4-239 (reclamation by regulatory authority); 
82-4-240, MCA (reclamation after bond forfeiture); 82-4-242, MCA (funds 
received by regulatory authority); 82-4-251, MCA (noncompliance; 
suspension of permits); and 82-4-254, MCA (violation; penalty; waiver).
    Specifically, Montana proposes the following revisions:
1. Redesignation of regulatory authority and reclamation agency under 
SMCRA.
    The Montana Legislature has enacted Senate Bill 234 to reorganize 
the environmental and natural resources functions of the State 
government, including eliminating the Department of State Lands and 
creating the Department of Environmental Quality, and transferring the 
powers of the Board of Land Commissioners, except rulemaking authority, 
to the Department of Environmental Quality. Montana proposes to 
implement these changes with the following proposed revisions: revise 
the definition of ``Board'' at 82-4-203(6), MCA, to mean the board of 
environmental review instead of the board of land commissioners; delete 
the definition of ``Commissioner'' at 82-4-203(10), MCA; revise and 
recodify the definition of ``Department'' at 82-4-203(13), MCA, to mean 
the department of environmental quality instead of the department of 
state lands; revise Section 82-4-204, MCA, by deleting subsections (1), 
(2), and (4) which provide for the board to issue orders and hold 
hearings, and adding a new subsection providing that the board may 
adopt rules with respect to filing of reports, issuance of permits, 
monitoring, and other matters of procedure and administration; and 
revise Section 82-4-205, MCA, to provide for the administration of the 
Montana Strip and Underground Mine Reclamation Act (SUMRA) by the 
department of environmental quality instead of the department of state 
lands, and add provisions for the department to issue orders and 
conduct hearings. Additionally, Montana proposes in many other sections 
to replace references to ``the board'' (of state land commissioners) 
with references to ``the department'' (of environmental quality), to 
delete references to ``the commissioner'' (of state lands), or replace 
references to ``the commissioner'' (of state lands) with references to 
``the director of the department'' (of environmental quality); these 
proposed revisions are located at: 82-4-223 (2) and (3), 82-4-226(8), 
82-4-227(3)(b)(i), 82-4-231 (9) and (1)(f), 82-4-232(7), 82-4-239(1), 
(2), (3), and (6) 82-4-240, 82-4-242, 82-4-254 (1), (2), and (3), MCA. 
Additionally, at Section 82-4-251, MCA, Montana proposes to replace 
references to ``the commissioner [of state lands] or an authorized 
representative'' with references to ``the director of the department 
[of environmental quality] or an authorized representative.''
2. Revegetation criteria for bond release.
    Montana proposes, in Senate Bill 365, to revise Section 82-4-235, 
MCA, to provide that: for land that was seeded using a seed mix that 
included a substantial component of introduced species approved by the 
regulatory authority, and on which the revegetation otherwise meets the 
requirements of 82-4-233(1), MCA, approval of revegetation for release 
of bond may not be withheld on the basis that introduced species 
compose a major or dominant component. Montana further proposes to add 
a new subsection providing that on land affected by coal mining only 
prior to May 3, 1978, the department may approve bond release on an 
area meeting the following criteria: (1) It was seeded using a seed mix 
approved by the department that included introduced species, and (2) at 
least one of the following conditions exist: the standards of 82-4-
233(1) are otherwise met; the operator has demonstrated substantial 
usefulness of the revegetation for grazing; the operator demonstrates 
that the revegetation has substantial value as a habitat component for 
wildlife; or the area is suitable for conversion to cropland or 
hayland, and the department approves and the operator completes the 
conversion. The new subsection would further provide that on such 
lands, interseeding or supplemental planting may be performed without 
reinitiating the revegetation liability period.
3. Prospecting definition and notices of intent to prospect.
    Montana proposes, in House Bill 162, to revise the definition of 
``prospecting'' at 82-4-203(26), MCA, so that it would mean either: (1) 
The gathering of surface or subsurface geologic, physical, or chemical 
data by mapping, trenching, geophysical, or other techniques necessary 
to determine the quality and quantity of overburden in an area or the 
location, quantity, or quality of a natural mineral deposit; or (2) the 
gathering of environmental data to establish the conditions of an area 
before beginning mining operations. Montana further proposes to revise 
82-4-226(8), MCA, by adding a provision that prospecting that is 
conducted to determine the location, quality, or quantity of a natural 
mineral deposit and that does not substantially disturb the natural 
land surface is not subject to the requirements for prospecting 
permits, but is subject to the requirements for filing a notice of 
intent to prospect.
4. Renewal of permits.
    Montana proposes, in House Bill 162, to revise 82-4-221(1), MCA, to 
change the deadlines for filing permit renewal applications. The 
proposed revision would require that renewal applications be filed at 
least 240 days, but not more than 300 days, prior to the renewal date.
5. Definition of ``prime farmland.''
    Montana proposes, in Senate Bill 234, to revise and recodify the 
definition of ``prime farmland'' at 82-4-203(25), MCA. Under the 
proposal, ``prime farmland'' would mean land that meets the criteria 
for prime farmland prescribed by the United States Secretary of 
Agriculture in the Federal Register and which historically has been 
used for intensive agricultural purposes. [[Page 29523]] 
6. Editorial revisions.
    In all of the sections cited above, Montana proposes numerous 
editorial revisions.
III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), 884.14, and 
884.15(a), OSM is seeking comments on whether the proposed amendment 
satisfies the applicable program approval criteria of 30 CFR 732.15 and 
884.14. If the amendment is deemed adequate, it will become part of the 
Montana program and 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., mdt, 
on June 20, 1995. 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. The location and time of 
the hearing will be arranged with those persons requesting the hearing. 
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 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 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 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 regulatory programs and 
program amendments since each such program is drafted and promulgated 
by a specific State, not by OSM. Under sections 503 and 505 of SMCRA 
(30 U.S.C. 1253 and 1255) and the Federal regulations at 30 CFR 730.11, 
732.15, and 732.17(h)(10), decisions on proposed State regulatory 
programs and program amendments submitted by the State must be based 
solely on a determination of whether the submittal is consistent with 
SMCRA and its implementing Federal regulations and whether the other 
requirements of 30 CFR Parts 730, 731, and 732 have been met. Decisions 
on proposed State abandoned mine land reclamation plans and revisions 
thereof submitted by a State 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 
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency 
decisions on proposed State regulatory program provisions do not 
constitute major Federal actions within the meaning of section 
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)). Also, agency decisions on proposed State abandoned mine 
land reclamation 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 that is the subject of this rule is based upon 
counterpart 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 
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 for the counterpart Federal regulations.

List of Subjects in 30 CFR Part 926

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: May 30, 1995.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 95-13665 Filed 6-2-95; 8:45 am]
BILLING CODE 4310-05-M