[Federal Register Volume 61, Number 70 (Wednesday, April 10, 1996)]
[Proposed Rules]
[Pages 15910-15911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8921]



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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 926

[SPATS No. MT-018-FOR]


Montana Regulatory Program

AGENCY: Office of Surface Mining, Reclamation and Enforcement, U.S. 
Department of the Interior.

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

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is announcing receipt of a proposed amendment to the Montana regulatory 
program (hereinafter, the ``Montana program'') under the Surface Mining 
Control and Reclamation Act of 1977 (SMCRA). The proposed amendment 
consists of revisions to the Montana Coal and Uranium Bureau's rules 
pertaining to permit renewals, permit requirements, and notice of 
intent to prospect. The amendment is intended to revise the Montana 
program to provide additional safeguards, clarify ambiguities and 
improve operational efficiency.

DATES: Written comments must be received by 4:00 p.m., m.d.t. on May 
10, 1996. If requested, a public hearing on the proposed amendment will 
be held on May 6, 1996. Requests to present oral testimony at the 
hearing must be received by 4:00 p.m., m.d.t. on April 25, 1996.

ADDRESSES: Written comments should be mailed or hand delivered to the 
Casper Field Office Director at the address listed below.
    Copies of the Montana program, the proposed amendment, and all 
written comments received in response to this document will be 
available for public review at the address 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, Casper Field Office, Office of Surface Mining Reclamation 
and Enforcement, 100 East ``B'' Street, Federal Building--Room 2128, 
Casper, Wyoming 82601-1918
Gary Amestoy, Administrator, Reclamation Division, Dept. of 
Environmental Quality, P.O. Box 201601, Helena, Montana 59620, 
Telephone 406/444-2074

FOR FURTHER INFORMATION CONTACT: Guy Padgett, Telephone: 307/261-6500.

SUPPLEMENTARY INFORMATION:

I. Background of the Montana Program

    On April 1, 1980, the Secretary of the Interior conditionally 
approved the Montana program. 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.

II. Proposed Amendment

    By letter dated March 5, 1996, Montana submitted a proposed 
amendment to its program pursuant to SMCRA (administrative record No. 
MT-15-01, 30 U.S.C. 1201 et seq.). Montana submitted the proposed 
amendment at its own initiative. The provisions of the Administrative 
Rules of Montana that Montana proposed to revise were: 26.4.410, permit 
renewal; 26.4.1001, permit requirement; and 26.4.1001A, notice of 
intent to prospect.
    Specifically, Montana proposes to revise the Montana program to 1) 
revise the timeframe for the application of strip mine operating permit 
renewals from the present 120 to 150 days, to the proposed 240 to 300 
days and on an application form provided by the Montana Department of 
Environmental Quality; 2) add a requirement that for prospecting 
(exploration) activities that are conducted to determine the location, 
quality or quantity of a natural mineral deposit and that will 
substantially disturb, as defined in ARM 26.4.301, the natural land 
surface, a permit will be required; and 3) that a notice of intent be 
filed with the Montana Department of Environmental Quality for 
prospecting (exploration) conducted for the purpose of determining the 
location, quality, or quantity of a natural mineral deposit but does 
not substantially disturb, as defined in ARM 26.4.301, the natural land 
surface.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is 
seeking comments on whether the proposed amendment satisfies the 
applicable program approval criteria of 30 CFR 732.15. If the amendment 
is deemed adequate, it will become part of the Montana program.

1. Written Comments

    Written comments should be specific, pertain only to the issues 
proposed in this rulemaking, and include

[[Page 15911]]
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., on April 25, 1996. 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 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 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 States 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.

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)).

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: April 3, 1996.
Russell F. Price,
Acting Regional Director, Western Regional Coordinating Center.
[FR Doc. 96-8921 Filed 4-9-96; 8:45 am]
BILLING CODE 4310-05-M