[Federal Register Volume 62, Number 7 (Friday, January 10, 1997)]
[Proposed Rules]
[Pages 1408-1420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-582]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 926
Surface Coal Mining and Reclamation Operations Under the Federal
Lands Program; State-Federal Cooperative Agreements; Montana
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule.
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SUMMARY: The State of Montana (Governor) and the Secretary of the
Department of the Interior (Secretary) are proposing to amend the
cooperative agreement between the Department of the Interior and the
State of Montana for the regulation of surface coal mining and
reclamation operations on Federal lands within Montana under the
permanent regulatory program. The proposed rulemaking would streamline
the permitting process in Montana by delegating to Montana the sole
responsibility to issue permits for coal mining and reclamation
operations on Federal lands under the revised Federal lands program
regulations, and would eliminate duplicative permitting requirements,
thereby increasing governmental efficiency, which is one of the
purposes of the cooperative agreement. This amendment would also update
the cooperative agreement to reflect current regulations and agency
structures. Cooperative agreements are provided for under section
523(c) of the Surface Mining Control and Reclamation Act of 1977
(SMCRA). This notice provides information on the proposed changes to
the cooperative agreement.
DATES: Written comments: Written comments must be received by 4:00
p.m., M.S.T. on March 11, 1997.
Public hearing: Anyone wishing to testify at a public hearing must
submit a request on or before 4:00 p.m., M.S.T. on January 31, 1997.
Because OSM will hold a public hearing only if one is requested,
hearing arrangements, dates and times, if any, will be announced in a
subsequent Federal Register notice. If no one requests an opportunity
to testify at the public hearing, the hearing will not be held. Any
disabled individual who has need for special accommodation to attend a
public hearing should contact the individual listed under FOR FURTHER
INFORMATION CONTACT.
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.
ADDRESSES: Written comments should be mailed or hand delivered to the
Office of Surface Mining Reclamation and Enforcement, Western Regional
Coordinating Center, Suite 3320, 1999 Broadway, Denver, CO 80202-5733.
Copies of the Montana program, proposed amendments to the
cooperative agreement and the related information required under 30 CFR
Part 745 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
revisions by contacting any one of the following persons.
[[Page 1409]]
Ranvir Singh, Western Regional Coordinating Center, Office of Surface
Mining Reclamation and Enforcement, 1999 Broadway, Suite 3320, Denver,
CO 80202-5733, Telephone: (303) 844-1489.
Guy Padgett, Director, Casper Field Office, Office of Mining
Reclamation and Enforcement, 100 East ``B'' Street, Room 2128, Casper,
WY 82601-1918, Telephone: (307) 261-6550.
Jan Sensibaugh, Montana Department of Environmental Quality, 1520 East
Sixth Avenue, Helena, MT 59620-0901, Telephone: (406) 444-5270.
FOR FURTHER INFORMATION CONTACT:
Ranvir Singh, Western Regional Coordinating Center, Office of Surface
Mining Reclamation and Enforcement, 1999 Broadway, Suite 3320, Denver,
CO, 80202-5733, Telephone: (303) 844-1489.
SUPPLEMENTARY INFORMATION:
I. Background on the Montana Cooperative Agreement
On June 4, 1980, the Governor submitted a request for a cooperative
agreement between the Department of the Interior and the State of
Montana to give the State primacy in the administration of its approved
regulatory program on Federal lands within Montana. The Secretary
approved the cooperative agreement on January 19, 1981 (46 FR 20983,
April 8, 1981). The text of the existing cooperative agreement can be
found at 30 CFR Sec. 926.30.
On July 5, 1994, the Governor, pursuant to 30 CFR Sec. 745.14 and
at the recommendation of OSM, submitted a proposed modified cooperative
agreement to address among other things, elimination of duplicative
State/Federal permitting efforts and streamlining of the permitting
processes. The proposed modifications would amend the existing
cooperative agreement and delegate to Montana the sole responsibility
to issue coal mining and reclamation permits on Federal lands
consistent with the revised Federal lands regulations at 30 CFR Part
740 (48 FR 6912, February 16, 1983). This rulemaking would also amend
the existing cooperative agreement to reflect current agency
organizations.
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.
II. Proposed Revisions to the Cooperative Agreement
A summary of the proposed changes to the existing cooperative
agreement appears below. These proposed revisions are subject to
further changes because of public comments and further discussions with
Montana. The full text of the proposed revised cooperative agreement is
being published for continuity, and the convenience of the reader.
The introductory language preceding existing Article I would be
revised to read ``(t)he Governor of the State of Montana (Governor) and
the Secretary of the Department of the Interior (Secretary) enter into
a State-Federal Cooperative Agreement (Agreement) to read as follows:''
This change would be made to assure language consistency with other
State-Federal cooperative agreements, and to specify position
designations of representatives of the two entities of the State and
Federal governments that would sign the cooperative agreement. The
second paragraph of the existing introductory language would be deleted
because it would essentially duplicate the proposed language.
Existing Article I: Introduction and Purpose
Proposed Revised Article I: Authority, Purposes, and Responsible
Agencies
The heading of existing Article I would be revised to read Article
I: Authority, Purposes, and Responsible Agencies. This revision is
proposed so that the revised heading correctly represent the three
paragraphs that comprise this article as described below.
Authority
Existing paragraph A would be given the heading A. Authority to
make it consistent with other cooperative agreements. The language in
existing paragraph A would be revised to delegate to Montana the
responsibility to review and approve coal exploration operations that
are not subject to 43 CFR Group 3400. This change is in conformance
with the Federal lands regulations at 30 CFR 740.4(c)(6).
Purposes
Existing paragraph B would be given the heading B. Purposes, and
minor word changes would be made for clarity.
Responsible Agencies
A new paragraph C. Responsible Agencies would be added to replace
and consolidate in one place the provisions of paragraphs A and B of
existing Article IV and would specify, as in the existing cooperative
agreement, that the Office of Surface Mining Reclamation and
Enforcement (OSM) would administer the cooperative agreement on behalf
of the Secretary. However, since there has been a change in the name of
the State agency with authority to regulate coal mining in Montana
subsequent to the date of existing cooperative agreement, the Montana
Department of Environmental Quality (DEQ), instead of the Montana
Department of State Lands (State Lands), would administer the
cooperative agreement on behalf of the Governor.
Existing Article II: Effective Date
Proposed Revised Article II: Effective Date
Existing Article II would be revised by replacing the roman numeral
``X'' at the end of the last sentence with roman numeral ``XI'' to
correspond to the proposed renumbering of existing Article X. No change
in effect is intended.
Existing Article XVI: Definitions
Proposed Revised Article III: Definitions
Existing Article XVI: Definitions would be renumbered to read
Article III: Definitions. This change is proposed to assure that this
article appears in the same sequence as in other State-Federal
cooperative agreements. The existing language would be retained to
provide that the terms and phrases used in the cooperative agreement
would have the same meanings as they have in SMCRA, 30 CFR Parts 700,
701, 740, and the State Program. Additional language would be included
to define the term ``Permit Application Package (PAP)'' to describe the
material submitted by an applicant for a surface coal mining and
reclamation operation permit on Federal lands (See 48 FR 6912, February
16, 1983). OSM adopted the term because there are requirements for
mining on Federal lands that are in addition to those required by
permit application under the State program for non-Federal lands. For
example, operations on Federal lands may be subject to requirements of
the Federal land management agency or of the Secretary under Federal
laws other than SMCRA. The PAP would include such additional
information as would be required by the State program. See definition
of ``permit application package'' under 30 CFR 740.5.
The definition of PAP in the revised cooperative agreement includes
the term ``permit amendment'' in addition to all other terms in the
definition of PAP
[[Page 1410]]
under CFR 740.5. The term ``permit amendment'' under the Montana State
Program means any change in the mine or reclamation plan that results
in expansion or decrease of the operation's permitted boundaries,
excluding incidental boundary changes (ARM 26.4.301(13).
Existing Article III: Scope
Proposed Revised Article IV: Applicability
The heading of existing Article III would be revised to read
Article IV: Applicability. This revision is proposed because the word
``applicability'' is more appropriate than the word ``scope'' to
describe what is contained in this article. The new heading would also
be consistent with that in other State-Federal cooperative agreements.
Existing language would be revised to delete an obsolete reference to
conditional approval of Montana's permanent State program, and to
include additional current regulatory and statutory references that are
relevant but are not presently included. These revisions would not
change the intent of existing Article III.
Existing Article IV: Requirements for Cooperative Agreement
Proposed Revised Article V: Requirements for the Agreement
Existing Article IV would be renumbered and retitled to read
Article V: Requirements for the Agreement. This as well as other
proposed changes to Article IV are discussed below.
The change from the existing roman numeral IV to roman numeral V is
being made to conform to the revised numbering of preceding articles.
The word ``agreement'' would be used in place of phrase ``cooperative
agreement'' to conform to the introductory paragraph of the Cooperative
Agreement and is intended to be merely an editorial change.
As explained above, the provisions of existing paragraphs A and B
have been consolidated into new paragraph C. Responsible Agencies of
proposed Article I. The remaining provisions of existing Article IV
would be reorganized into six paragraphs as explained below. The
introductory language in the existing Article IV would be included
without any substantive changes in paragraph A to affirm that the
Governor and the Secretary would comply with all provisions of the
Agreement.
Funds
Existing paragraph C. Funds would become paragraph B. Funds of
proposed Article V, and would consist of three proposed subparagraphs.
Proposed subparagraph 1 would retain all the language of the first
two sentences of existing paragraph C. This subparagraph would also
provide that the Federal Assistance Manual (FAM) would be used in
determining the amount of grant funds to be reimbursed to DEQ. The
existing cooperative agreement does not include this provision.
Therefore, in order to comply with regulations at 30 CFR Part 735,
reference to the use of FAM would be included to specify that the
amount of reimbursement of DEQ for administration and enforcement on
Federal lands is not limitless but is subject to the provisions of FAM.
Proposed subparagraph 2 contains a new provision to address the
possibility when necessary funds referred to in subparagraph 1 may not
be appropriated to OSM to reimburse the State. This new provision would
describe the procedure to be used in dealing with the emergencies that
may be caused by unavailability of sufficient Federal funds, and to
insure that mining operations on Federal lands in Montana would be
regulated in accordance with the State Program.
Proposed subparagraph 3 would be added to clarify that the amount
of funds reimbursed to DEQ are not fixed but are subject to adjustments
in accordance with the program income provisions of 43 CFR Part 12.
This provision is added to comply with Financial Management
requirements of 30 CFR 735.25.
Reports and Records
Existing paragraph D. Reports and Records would become paragraph C.
Reports and Records of proposed Article V, and would be revised to make
minor changes to improve clarity, and to remove reference to an OSM
organizational structure that is no longer in use. As stated above OSM
would administer the cooperative agreement on behalf of the Secretary,
the word ``Secretary'' has been replaced by the acronym ``OSM''. A new
provision has been added regarding the final evaluation report that OSM
prepares and submits to the Congress and other interested parties about
State administration and enforcement of the cooperative agreement.
According to this provision OSM would be required to attach DEQ's
comments on the report prior to its being submitted to the Congress and
disseminated to other interested parties. This requirement would
provide the Congress and the public an opportunity to know not only how
OSM considers the State's performance but also the State's views on its
own performance.
Personnel
Existing paragraph E. Personnel would become paragraph D. Personnel
of proposed Article V, and the existing language would be incorporated
in the renumbered paragraph. No change in the meaning is intended.
Equipment and Facilities
Heading of the existing paragraph F. Equipment and Laboratories
would be revised to read as E. Equipment and Facilities, to more
appropriately describe the contents of this paragraph. The language in
the existing paragraph would be retained without any substantive
changes in its intent.
Permit Application Fees and Civil Penalties
Existing paragraph G. Permit Application Fees would be renumbered
and retitled as paragraph F. Permit Application Fees and Civil
Penalties. The change in title is to assure conformance with other
cooperative agreements. The existing provision regarding all permit
fees to retained by the State and deposited in the General Fund would
be deleted because it does not comply with revised Federal regulations.
In order to comply with the Federal regulations regarding financial
management, new language would be added to incorporate current
regulatory references, and Federal and State program requirements with
respect to civil penalties that are not included in the existing
cooperative agreement.
Existing Article V: Policies and Procedures: Mine Plan Review
Proposed Revised Article VI: Review and Approval of the PAP or
Application for Transfer, Assignment or Sale of Permit Rights
The number and heading of the existing Article V: Policies and
Procedures: Mine Plan Review would be revised to read Article VI:
Review and Approval of the PAP or Application for Transfer, Assignment
or Sale of Permit Rights. Renumbering is necessary to conform to
revised numbering of preceding articles. The change in heading is
proposed to accurately represent various topics that are parts of this
article.
Provisions of existing Article V would be revised to be consistent
with other cooperative agreements, to include additional requirements
of the Federal lands program regulations at 30 CFR Parts 740, 745, and
746, to delete references to obsolete regulations, and to add
references to current regulations.
[[Page 1411]]
The proposed Article VI would include all relevant provisions of
existing Article V, and would consist of three major headings A, B, and
C as described below.
Receipt and Distribution of the PAP or Application for Transfer,
Assignment or Sale of Permit Rights
The title of existing paragraph A would be revised to read A.
Receipt and Distribution of the PAP or Application for Transfer,
Assignment or Sale of Permit Rights. This change is proposed to assure
consistency with the revised Federal lands regulations at 30 CFR 740.
Some of the provisions of existing paragraph A would be revised and
incorporated in proposed subparagraph A.1. The existing requirement
that the operator submit to the State and the Regional Director an
appropriate number of identical copies of the mining and reclamation
plan and permit application or an application for major modification to
an approved mining plan and permit, would be replaced by the provision
that the applicant submit to DEQ an appropriate number of copies of the
PAP or application for transfer, assignment or sale of permit rights.
This change is proposed to eliminate duplication and make DEQ the sole
recipient of the permit applications. Other existing requirements with
respect to the form and contents of the application to ascertain
compliance with various State and Federal laws and regulations would be
retained in subparagraph A.1 but would be revised to incorporate minor
editorial changes and current statutory and regulatory citations.
A new subparagraph A.2 would be added to provide that after receipt
of the PAP, or application for transfer, assignment or sale of permit
rights, DEQ would ensure that an appropriate number of copies of the
PAP or applicant for transfer, assignment or sale of permit rights, are
provided to OSM, the Federal Land Management Agency, and any other
appropriate Federal agency. This provision would further give DEQ the
sole responsibility for distributing copies of permit applications to
appropriate agencies, and would eliminate duplication of effort.
Review of the PAP or Application for Transfer, Assignment or Sale of
Permit Rights
The title of existing paragraph B. Mine Plan Review Procedures
would be revised to read B. Review of the PAP Application for Transfer,
Assignment or Sale of Permit Rights. This change is being proposed to
assure clarity, and consistency with Federal lands regulations at 30
CFR Part 740.
Most of the relevant provisions of existing paragraph B comprised
of subparagraph 1 through 9 would be incorporated into four
subparagraphs of the proposed paragraph B. However, in order to keep
the various provisions in a logical sequence and under appropriate
headings, the relevant language would be moved from the existing
subparagraph to another proposed subparagraph. Also, the phrase ``mine
plan and permit application'' extensively used in the existing
cooperative agreement would be replaced by the phrase ``permit
application package (PAP) or application for transfer, assignment or
sale of permit rights'' to conform to the language in revised Federal
regulations. Furthermore, the phrase ``State Lands'' would be replaced
by Department of Environmental Quality (DEQ), and the ``Regional
Director'' and ``Secretary'' would be replaced by ``OSM'', where
appropriate. These modifications are proposed because of recent changes
in the organizational structure of the Montana State government and
OSM.
Responsibilities of DEQ, OSM and the Secretary
As described below, the proposed paragraph B would consist of four
subparagraphs delineating the responsibilities of DEQ, OSM and the
Secretary relating to the review of the PAP or application for
transfer, assignment or sale of permit rights, and coordination
procedures between DEQ and OSM before and after DEQ's approval of a
permit.
The provision in existing paragraph B.1 that State Lands shall
assume responsibility for the analysis and review of applications
required by 30 CFR 741.13 for surface coal mining and reclamation
permits on Federal lands in Montana, would be revised by deleting
reference to an obsolete regulation at 30 CFR 741.13. The revised
language would be moved, without any changes in its meaning, to
proposed subparagraph B.1.a(2) in order to keep this provision in a
logical sequence and under the appropriate subparagraph heading. The
requirement in existing paragraph B.1 that the Secretary shall, as
requested, assist the State through the Regional Director in the
analysis and review of applications, would be changed to provide that
OSM would review the appropriate portions of applications. The revised
language would be moved and included as subparagraph a(2) of proposed
paragraph B.2 where other responsibilities of OSM are described. The
remaining provision in existing paragraph B.1 stating that the
Secretary shall, in addition, evaluate the State's analysis and
conclusions as necessary to independently determine whether the
Secretary concurs in the State's decision, would be deleted. Such
Secretarial concurrence would be duplication of effort and hence, would
not be necessary if, as proposed in this agreement (see proposed
subparagraph C.1), DEQ assumes the responsibility to make a decision on
approval, conditional approval, or disapproval of the permit
application component of the PAP or application for transfer,
assignment or sale of permit rights.
Thus, the proposed paragraph B.1 which describes the
responsibilities of DEQ, would incorporate some of the provisions of
existing paragraph B.1 as described above, also of existing paragraphs
B.2, B.7 of Article V, and of paragraph B of existing Article VIII as
discussed below. In addition, the following new requirements would be
included in the proposed paragraph B.1. The first new requirement in
proposed subparagraph B.1.a(3) would make DEQ responsible to obtain the
requests from Federal agencies with jurisdiction or responsibility over
Federal lands for additional information, comments and findings. This
requirement is necessary to provide Federal agencies the full
opportunity to communicate to DEQ their concerns and comments before
DEQ approves a permit. The second new provision in proposed
subparagraph B.1.a(4) would require DEQ to obtain OSM's determination
whether or not the PAP involving leased Federal coal would require a
mining plan modification under 30 CFR 746.18 and informing the
applicant of such determination. This provision would ensure that the
applicant, in addition to obtaining a DEQ permit, would also need to
get a mining plan approval from the Secretary as required by the
Mineral Leasing Act, and regulations at 30 CFR 746.11. Proposed
subparagraph a(5) would require DEQ to consult with and obtain the
consent, as necessary, of Federal land management agency would respect
to post-mining land use and to any special requirements to protect non-
coal resources. This new responsibility would be delegated to DEQ as
provided in 30 CFR 740.4(c)(2). Proposed subparagraph a(6) would be
added to delegate to DEQ the responsibility to consult with and obtain
consent, as necessary, of the Bureau of Land Management (BLM) with
respect to requirements relating to the development, production and
recovery of mineral resources on lands that may
[[Page 1412]]
be affected by coal mining operations involving leased Federal coal, as
authorized by 30 CFR 740.4(c)(3). Proposed subparagraph a(7) would
provide for delegation to DEQ the responsibilities of approval and
release of performance bonds with the concurrence of OSM, and approval
and maintenance of liability insurance as authorized by 30 CFR
740.49(c)(4). Another new requirement in proposed subparagraph a(8)
would delegate to DEQ the responsibility to review and approve
exploration operations that are not subject to the requirements of 43
CFR Group 3400, as provided in 30 CFR 740.4(c)(6).
Proposed new subparagraph B.1.b(2) would require DEQ to prepare a
State decision document in cases when a mining plan action would need
to be taken by the Secretary. This decision document is one of the
documents that comprises the mining plan decision document and serves
the basis for OSM's recommendation to the Secretary for an action on a
mining plan.
The provision in existing paragraph B.2 that State Lands will be
the primary contact for operators regarding the processing of mining
plans and permit applications, would be revised to make, in addition to
those already mentioned, a number of corrections to conform to the
current regulations. The word ``applicant'' would be used in place of
the word ``operators'' to more accurately define the person submitting
the PAP. The revised language would be moved to proposed subparagraph
B.1.a(1) so that this provision is in a logical sequence and under the
appropriate subparagraph heading without making any change in its
intent.
The requirement of existing paragraph B.2 regarding State Lands
being responsible for informing the applicant of all joint State-
Federal determinations would be moved to the proposed paragraph C.4 of
this article in order to keep this provision under the appropriate
subject heading. However, the phrase ``joint State-Federal
determinations'' would be deleted because DEQ would assume the primary
responsibility to make determinations on approval or disapproval of
permits.
The provision in existing paragraph B.2 requiring that State Lands
shall send a copy of all correspondence with the applicant and any
information received from the applicant which may have a bearing on
decisions regarding the mine plan and permit application to the
Regional Director, and the provision that requires OSM to send to the
State a copy of all independent correspondence with the applicant that
may have a bearing on decisions regarding the mining plan and permit
application, would be modified and moved to subparagraph B.4.d where
coordination responsibilities of OSM and DEQ are described.
The provision in existing paragraph B.2 stating, ``Except in
exigent circumstances, OSM will not independently initiate contacts
with applicants regarding completeness or deficiencies of plans and
applications with respect to matters which are properly within the
jurisdiction of State Lands'', would be moved to proposed subparagraph
B.4.a. No change in the meaning is intended.
The existing paragraph B.2 provides that the Secretary shall
reserve the right to act independently of the State to carry out his
responsibilities under laws other than the Federal Act and in instances
of disagreement under the Federal Act, would be moved to subparagraph
B.3.b where other responsibilities and rights of the Secretary are
listed.
The proposed paragraph B.2, which describes the responsibilities of
OSM, would incorporate the appropriate requirements of existing
paragraphs B.1, B.4, B.5, B.7, and B.8. In addition, this paragraph
would include four new provisions required by Federal regulations. The
first new provision would be proposed subparagraph B.2.a(3), that would
require OSM to consult with the Federal land management agency to
determine whether the PAP constitutes a mining plan modification, and
to inform DEQ of such determination within 30 days of receiving a copy
of the PAP. This provision is required to comply with 30 CFR
746.18(c)(1). The second new provision, proposed subparagraph B.2.b(1),
would be included to comply with the requirements of 30 CFR 746.13(e).
Proposed subparagraph B.2.b(1) would require OSM to consult with and
obtain the concurrences of BLM, and the Federal land management agency,
or any other Federal agency, as necessary, prior to recommending to the
Secretary to approve or disapprove the mining plan. The third new
proposed subparagraph B.2.b(2) would address the situations that may
arise when DEQ would be unable to include in the permit certain
conditions that other Federal agencies may require to assure compliance
with Federal laws other than SMCRA. In order to assure compliance with
30 CFR 740.13(c)(1), proposed paragraph C in subparagraph 2 would
require DEQ to consider the comments of Federal agencies and, to the
extent allowed by Montana law, include in the permit, terms and
conditions imposed by the Federal law management agency or any other
Federal agency with any interest in the proposed project. Montana is
concerned that 30 CFR 740.13(c)(1) appears to require the State to
include and enforce conditions required by other Federal laws. The
State has pointed out that it lacks the authority to enforce other
Federal laws and regulations.
The proposed amendments to the Cooperative Agreement do not require
nor authorize the State of Montana to enforce Federal laws other than
SMCRA. However, the State will enforce its own permits, including those
permit conditions required under 30 CFR 740.13(c)(1). The State must
consider the comments of Federal agencies in the context of permit
issuance and must document these comments in the record of permit
decisions. After considering the comments and proposed conditions of
Federal agencies, the State may adopt the recommended conditions. If
the State does not incorporate a permit condition proposed pursuant to
other Federal laws and regulations, the State will document why the
condition was not accepted and transmit the documentation to OSM. OSM
may agree with the State that the condition is not necessary. When OSM
believes the proposed conditions are necessary, it has a variety of
options to consider to improve those conditions:
(1) OSM may work with the Federal land management agency to find
another means to resolve the issue.
(2) Those conditions associated with Federal laws other than SMCRA
could be included as part of the mining plan approval, surface use
permit, or other Federal authorization.
(3) In rare instances where no other Federal authorizations would
be required, OSM will, after consulting with other Federal agencies as
required by the Cooperative Agreement, issue a supplemental SMCRA
permit attaching only those conditions which are necessary to assure
compliance with other Federal laws. The State shall not be required to
enforce the conditions of the Federal permit.
The fourth new proposed subparagraph B.2.b(3) would provide for OSM
to be responsible for providing a mining plan decision document to the
Secretary recommending approval, disapproval, or conditional approval
of mining plans or modifications thereof. This new provision is needed
to assure compliance with 30 CFR 740.4(b) and 746.13.
The gist of the first sentence of existing paragraph B.3 making the
Regional Director responsible to ensure that any information OSM
receives concerning the application is sent to
[[Page 1413]]
State Lands, would be contained in proposed subparagraph B.4.d where
other coordination responsibilities of OSM and DEQ are described. The
requirement of the second sentence of existing paragraph B.3 would be
moved to proposed subparagraph B.4.b where other responsibilities of
OSM and DEQ regarding coordination are described.
Proposed paragraph B.3, which delineates the responsibilities of
the Secretary, in addition to incorporating in proposed subparagraph
B.3.b the requirements of existing paragraph B.2 as discussed above,
would also include two new subparagraphs. The first proposed
subparagraph B.3.a would be added to provide for the Secretary to
concurrently carry out the non-delegable responsibilities listed in 30
CFR 745.13. This is necessary to expedite the mining plan approval
process such that the Secretary simultaneously carries out his
responsibilities without waiting for the State to complete its actions.
The second proposed subparagraph B.3.c would be added to implement 30
CFR 740.4(a) which requires the Secretary to be responsible for
approval, disapproval, or conditional approval of a mining plan action
pursuant to the Mineral Leasing Act of 1920.
The provision in existing paragraph B.4 making the Regional
Director responsible for obtaining, on a timely basis, the views of all
Federal agencies with jurisdiction or responsibility over a mine plan
or permit application on Federal lands in Montana and for making these
views known to State Lands, would be revised. The proposed amendments
to the Agreement would delegate this responsibility to DEQ as provided
in proposed subparagraphs B.1.a(3). This delegation is permissible
under 30 CFR 740.4(c). But as provided in subparagraph B.2.a(5)(b), OSM
may also assist DEQ, if requested, in obtaining comments and findings
of other Federal agencies. Another provision in existing paragraph B.4
requiring State Lands to keep the Regional Director informed of
findings during the review which bear on the responsibilities of other
Federal agencies, would be included in proposed subparagraph B.4. after
making appropriate modifications regarding the name of the State
regulatory agency. Another provision of existing paragraph B.4
requiring the Regional Director to take appropriate steps to facilitate
discussions between State Lands and the concerned agencies wherever
desirable to resolve issues or problems, would be included in the
proposed subparagraphs B.2a(5)(a) and B.2.a(5)(c), where other OSM
responsibilities are listed, without making any change in its meaning.
As discussed above and in the following paragraph B.5, the proposed
paragraph B.4 would incorporate some of the provisions of existing
paragraphs B.2, B.3, B.4, and B.5. In addition, five new subparagraphs
would be added to comply with the Federal regulations that were
promulgated subsequent to the date the existing Agreement became
effective. The first proposed subparagraph B.4.c would provide for OSM
and DEQ to coordinate with each other for scheduling a meeting with the
applicant. This is necessary to enhance communications between the two
agencies as they interact with the applicant, as well as to minimize
duplication of communications with the applicant. The second proposed
subparagraph B.4.e would be added to comply with the provisions of 30
CFR 745.12(g)(1) that requires DEQ to allow OSM access to files
relating to coal mining operations on Federal lands. This is necessary
to safeguard the interests of the Federal government. The third
proposed subparagraph B.4.g would be added to ensure compliance with
the provisions of 30 CFR 740.4 (c) and (d) relating to coordination
between BLM and DEQ on matters relating to regulations at 43 CFR Group
3400. The fourth proposed subparagraph B.4.h would allow OSM and DEQ to
develop working agreements specifying any delegable responsibilities of
other Federal laws and regulations which may be delegated to DEQ
without amendment to the Agreement. This provision recognizes that in
the interest of reducing duplication in the review of permit
application packages (PAPs), DEQ may assume certain responsibilities
that are fully or partially delegable that would otherwise be performed
by OSM. For example, a working agreement may specify how DEQ can assist
the Secretary in meeting his responsibilities under the National
Environmental Policy Act (NEPA). It is possible for DEQ to perform much
of the basic research and analysis required for the Secretary to meet
his NEPA responsibilities, although the Secretary will assume full
responsibility for ensuring compliance with NEPA. Joint preparation of
NEPA documents is an authorized means of achieving that compliance and
is consistent with 30 CFR 740.4(c)(7). The fifth new provision in
proposed subparagraph B.4.i provides that when valid existing rights
(VER) are determined to exist on Federal lands under section 522(e)(3)
of SMCRA and the proposed operation will adversely affect either a
publicly-owned park or a historic place listed on the National Register
of Historic Places (NRHP), DEQ would work with the agency that has
jurisdiction over the publicly-owned park, or with the agency that has
jurisdiction over the historic place, to develop mutually acceptable
terms and conditions for incorporation into the permit to mitigate
adverse impacts.
In existing paragraph B.5, the Regional Director is required to
begin a review of a mining plan and permit application for apparent
completeness. As provided in 30 CFR 740.4(c)(1), this requirement would
be revised to delegate the responsibility to DEQ and moved to proposed
subparagraphs B.1.a(2) where other DEQ responsibilities are described,
and to proposed subparagraph B.2.a(5)(d) OSM's responsibilities to
assist DEQ are described. The provision in paragraph B.5 requiring
State Lands to inform the Regional Director where OSM assistance will
be needed to perform any specific or general analysis or prepare any
studies or similar work, would be paraphrased and included in proposed
subparagraph B.2.a(5)(e). The remaining provisions of existing
paragraph B.5, would be modified to make editorial changes and would be
included in proposed subparagraph B.4.f.
The requirements of existing paragraph B.6 providing for joint
public meetings and hearings on permit decisions, would be deleted
because all permit decisions would be made by DEQ under the amended
cooperative agreement.
The requirements of existing paragraph B.7 relating to the
preparation of an environmental impact statement and/or environmental
assessment to comply with NEPA and the Montana Environmental Policy Act
(MEPA) would remain the same and would be included in proposed
subparagraph B.1.b(1) where all other responsibilities of DEQ are
described. In addition, the gist of the last sentence of existing
paragraph B.7 relating to independent evaluation and approval of a NEPA
compliance documents would be included as proposed subparagraph
B.2.a(1).
Existing paragraph B.8 would be revised significantly relating to
the preparation of a technical analysis, environmental analysis, and
proposed written decision on the mining plan and permit application
review, independent evaluation of these documents, written concurrence
by the Regional Director, and the requirement that ``State Lands shall
consider the comments of the Regional Director and send a final
technical analysis, environmental analysis, and proposed decision to
the
[[Page 1414]]
Regional Director for his written concurrence. The Regional Director
shall have 30 days to act after receipt of State Lands' final technical
analysis, environmental analysis, and proposed decision. If no further
changes are required, the Regional Director shall proceed in accordance
with 30 CFR 741.21.'' The regulation at 30 CFR 741.21(a)(2), and now
superseded by current regulation, was promulgated on March 13, 1979 and
required that ``(t)he Director approve, or deny all applications for
permits under the Federal lands program. .*.*.'' (44 FR 15335, March
13, 1979). In accordance with the Circuit Court of Appeals decision
(National Wildlife Federation vs. Donald Hodel, 839 F.2d 694 (D.C. Cir.
1988)) that upheld OSM's 1983 Federal program regulations (48 FR 6936,
February 16, 1983), OSM is not required to issue permits under the
Federal lands program in States that have a State-Federal cooperative
agreement. However, due to the above language in paragraph B.8 of
existing Article V, OSM has continued to issue Federal permits in
Montana under the Federal lands program. It is the intent of these
proposed amendments that OSM would not issue Federal permits in Montana
under the Federal lands program.
Therefore, in accordance with regulations at 30 CFR 740.4(c)(1),
OSM would delegate to DEQ the responsibility to make a decision on
approval, disapproval, or conditional approval of the permit
application component of the PAP as provided in proposed paragraph C.1
of Article VI. The existing requirement that ``the Regional Director
shall have 30 days to act after receipt of State Lands' final technical
analysis, environmental analysis, and proposed decision'', has been
included in proposed subparagraph B.2.a(4) after making two
modifications. First, the existing requirement for ``the Regional
Director to act on State Lands' technical analysis, environmental
analysis and proposed decision'' has been replaced by the catchall
phrase ``exercising its responsibilities''. Two, the ``30-day'' time
limit has been replaced by the phrase ``timely manner governed, to the
extent possible, by the deadlines established in the State Program''.
As stated above DEQ would have the responsibility to make a decision on
approval, disapproval, or conditional approval of the permit
application component of the PAP, and OSM would not need to act on
DEQ's final technical analysis, environmental analysis, and proposed
decision. Further, due to dwindling staff resources adherence to strict
time limits could be very difficult.
The provisions in existing paragraph B.9 refer to sections of
obsolete regulations at 30 CFR 741.16, 741.17 and 741.21, and hence
would be deleted.
Approval of the PAP or Application for Transfer, Assignment or Sale of
Permit Rights
Proposed paragraph C would be titled Approval of the PAP or
Application for Transfer, Assignment or Sale of Permit Rights. As
discussed earlier subparagraph C.1 would provide that DEQ shall make a
decision on approval, conditional approval or disapproval of the permit
application component of the PAP or application for transfer,
assignment or sale of permit rights on Federal lands as authorized by
30 CFR 740.4(c)(1). Proposed subparagraph C.2 would require DEQ to
consider the comments of the Federal agencies and, to the extent
allowed by the State Act, incorporate in the permit any terms or
conditions imposed by the Federal land management agency pursuant to
applicable Federal laws and regulations as required by 30 CFR
740.13(c)(1). Proposed subparagraph C.3 would provide that when a
mining plan is required to be approved by the Secretary, DEQ may make a
decision on the permit application component of the PAP on Federal
lands prior to the necessary Secretarial decision on the mining plan,
provided that DEQ advises the applicant that Secretarial approval of
the mining plan must be obtained before the applicant may conduct
surface coal mining and reclamation operations on the Federal lands.
This provision would serve two purposes. One, it would enable DEQ to
issue a State permit within time limits dictated by the State program,
and two, it would inform the applicant that a mining plan approval from
the Secretary must be obtained, when necessary, prior to commencing
certain coal mining operations. Finally, to bring the permitting
process to conclusion and close the communication loop, proposed
subparagraph C.4 would require that after DEQ has made a decision on
the permit application component of the PAP, DEQ shall send a copy of
the signed permit form and State decision document to the applicant,
OSM, the Federal land management agency and, when necessary, to the
agency with jurisdiction over a publicly-owned park or historic
property listed in the NRHP that would be adversely affected by the
surface coal mining and reclamation operations.
Existing Article VI: Inspections
Proposed Revised Article VII: Inspections
This article would be renumbered as Article VII: Inspections to
correspond to the revised numbering of preceding articles. Existing
paragraphs A, B, C, D, and E would be reorganized and revised to delete
references to OSM's organizational structure that is no longer in use,
and obsolete regulations. In order to increase clarity, existing
paragraph F would be moved under proposed Article VIII: Enforcement to
become paragraph E. No change in the meaning is intended.
Existing Article VII: Enforcement
Proposed Revised Article VIII: Enforcement
This article would be renumbered as Article VIII: Enforcement to
correspond to the revised numbering of preceding articles. Changes in
the language are for clarification purposes only, and also to ensure
consistency with other cooperative agreements.
Existing paragraph A would be revised to include references to 30
CFR Part 740, to replace ``State Lands'' with ``DEQ'', and to add that
enforcement authority given to the Secretary under other Federal laws
and Executive Orders, including but not limited to those listed in
Appendix A, is reserved to the Secretary. No change in its meaning is
intended.
Existing paragraph B would essentially remain the same except for
few word changes for clarification purposes.
In order to comply with revised Federal regulations a new paragraph
C would be added to provide that during any inspection made solely by
OSM or during any joint inspection where DEQ and OSM fail to agree
regarding the propriety of any particular enforcement action, OSM may
take any enforcement action necessary to comply with 30 CFR parts 842,
843, 845 and 846.
Existing paragraph C would be renumbered D but would retain the
same provisions. As mentioned above a proposed paragraph E would be
added to incorporate the language of existing paragraph F of Article
VI: Inspections.
Existing paragraph D would be renumbered F, without making any
change in its meaning.
Existing Article VIII: Bonds
Proposed Revised Article IX: Bonds
This article would be renumbered as Article IX: Bonds to correspond
to the revised numbering of preceding articles.
[[Page 1415]]
Existing paragraph A would be revised to delete reference to the
Regional Director because of organizational changes in OSM. Addition of
the new word ``performance'' in front of the word ``bond'' is necessary
to conform to the regulatory language. The phrase ``jointly payable to
both the United States and DEQ'', and the sentence ``such bond shall
provide that if this Agreement is terminated under the provisions of 30
CFR 745.15, the portion of the bond covering the Federal lands shall be
payable only to the United States'' would be added to ensure
conformance with the provisions of Federal lands program regulations at
30 CFR 740.15(b).
Existing paragraph B would be expanded to provide DEQ with the
primary responsibility for approval and release of performance bonds.
The revised paragraph B would require OSM concurrence in the release by
DEQ of a performance bond on lands subject to an approved mining plan.
However, prior to such concurrence, OSM shall coordinate with other
Federal agencies that have authority over the lands involved. This
requirement would ensure the protection of interests of all Federal
agencies. DEQ would also be required to annually advise OSM of
adjustments to the performance bond as provided in the existing
paragraph B.
Proposed paragraph C would be added to safeguard the interests of
the U.S. government, and provide that performance bonds will be subject
to forfeiture with the concurrence of OSM, in conformance with the
requirement of the State program, and OSM may not withhold its
concurrence unless DEQ's forfeiture decision is not in accordance with
the requirements and procedures of the State program.
Proposed paragraph D would be added to ensure consistency with
other cooperative agreements. This paragraph would seek to remind the
applicant, OSM, and DEQ that submission of a performance bond does not
satisfy the requirements of a Federal lease bond required by 43 CFR
3474, or the requirements of a Federal lessee protection bond pursuant
to section 715 of SMCRA. Distinct from the performance bond, the
Federal lease bond, made payable to the United States through BLM, is
required to be posted by the applicant for a coal lease to assure
compliance with the terms and conditions of a Federal coal lease,
whereas the Federal lessee protection bond, made payable to the United
States or the State, whichever is applicable, is required to be posted
by the applicant for a coal mine and reclamation permit for use and
benefit of a permittee or lessee of surface lands to secure payment of
any damages to crops or tangible improvements on Federal lands.
Existing Article IX: Designation of Lands as Unsuitable
Proposed Revised Article X: Designating Land Areas Unsuitable for All
or Certain Types of Surface Coal Mining and Reclamation Operations and
Activities, and Valid Existing Rights and Compatibility Determinations
This article would be renumbered and retitled as Article X:
Designating Land Areas Unsuitable for All or Certain Types of Surface
Coal Mining and Reclamation Operations and Activities, and Valid
Existing Rights and Compatibility Determinations. The change in
numbering would ensure conformance with the revised numbering of
preceding articles. The change in article heading would reflect
expansion in the subject matter to incorporate regulatory requirements
that have been promulgated over the years since the execution of the
existing cooperative agreement. Proposed article X would consist of two
paragraphs.
Unsuitability Petitions
Existing paragraph A would be redesignated A. Unsuitability
Petitions, and would include two proposed subparagraphs.
Proposed subparagraph A.1 would include the opening language from
existing paragraph B stating that the authority to designate Federal
lands as unsuitable for mining, would be reserved to the Secretary. The
language in the second sentence of existing paragraph B would be
modified and included in proposed subparagraph A.1. The modified
language would state that unsuitability petitions would be filed with
OSM and would be processed in accordance with 30 CFR 769.
Proposed subparagraph A.2 would include the existing requirements
of paragraph A regarding cooperation between OSM and DEQ in processing
petitions to designate lands as unsuitable for mining. During
processing of such petitions, OSM would also be required to coordinate
with, and solicit comments from the appropriate Federal land management
agency.
Valid Existing Rights (VER) and Compatibility Determinations
Existing paragraph B would be redesignated B. Valid Existing Rights
(VER) and Compatibility Determinations.
As stated above the provisions of existing paragraph B would be
incorporated in subparagraph A.1. Proposed paragraph B would include
five proposed subparagraphs that would describe roles and
responsibilities of OSM and DEQ in VER and compatibility determinations
for coal mining operations pursuant to the requirements of section
522(e) of SMCRA.
Proposed subparagraph B.1 would provide that the Secretary will
make the VER determination for Federal lands within the boundaries of
areas specified under section 522(e)(1) of SMCRA. For coal mining
operations conducted both on Federal and non-Federal lands, the
Secretary will make the VER determinations for the Federal lands and
DEQ will make such determinations for the State and private lands.
Subparagraph B.2 would provide that the Secretary will make VER
determinations for Federal lands within the boundaries of any area
specified in section 522(e)(2), and OSM will process requests for
determination of compatibility for these areas.
Subparagraph B.3 would provide that DEQ will make the VER
determination for the publicly-owned park or places included in the
National Register of Historic Places (NRHP) protected under section
522(e)(3) of SMCRA; DEQ will consult with the State Historic
Preservation Officer to determine if the proposed operation will
adversely affect any publicly-owned park or place listed on the NRHP.
This subparagraph would also provide that surface coal mining and
reclamation operations may be permitted on Federal lands protected
under section 522(e)(3) of SMCRA if jointly approved by DEQ, and the
Federal, State, or local agency with jurisdiction over the publicly-
owned park or the historic place, and DEQ will coordinate with these
agencies for developing mutually acceptable permit conditions to
mitigate environmental impacts on such park and place.
Subparagraph B.4 would provide that DEQ will make the VER
determination, on Federal lands for all areas specified in section
522(e) (4) and (5) of SMCRA as unsuitable for mining.
Subparagraph B.5 summarizes that whenever DEQ will make VER
determinations for Federal lands, DEQ will consult with OSM and the
appropriate Federal agency.
Existing Articles X through XII would be renumbered as proposed
Articles XI through XIII. The word ``cooperative'' before the word
``agreement'', however, would be deleted from the heading of each
Article in conformance with the introductory language preceding Article
I. No substantive changes are proposed.
[[Page 1416]]
Existing Article XIII: Changes in State or Federal Standards
Proposed Revised Article XIV: Changes in State or Federal Standards
Article XIII would be renumbered to read Article XIV: Changes in
State or Federal Standards. It would include two paragraphs that would
include revisions in existing language to increase clarity and to add
relevant statutory and regulatory cites.
Existing Article XIV: Changes in Personnel and Organization
Proposed Revised Article XV: Changes in Personnel and Organization
Article XIV would be renumbered to read: Article XV: Changes in
Personnel and Organization. Paragraph A of this Article would include
the language of existing Article XIV but would be revised to make minor
editorial changes to increase clarity. The new paragraph B would be
added to obviate the need for changes to this agreement in the event of
any changes in the State Act that may transfer administration of this
Agreement to another State agency. In that event, all references to DEQ
in this agreement would apply to that agency.
Existing Article XV: Reservation of Rights
Proposed Revised Article XVI: Reservation of Rights
Article XV would be renumbered to read: Article XVI: Reservation of
Rights. Existing language would be revised to make minor editorial
changes to delete references to several statutes without changing its
meaning.
Article XVI: Definitions would be renumbered as proposed Article
III: Definitions and would be revised to include additional 30 CFR
references.
III. Procedural Determinations
1. Executive Order 12866
This proposed rule is exempt from review by the Office of
Management and Budget (OMB) Executive Order 12866 (Regulatory Planning
and Review).
2. Executive Order 12988
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 (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 (42 U.S.C.
4332(2)(C)).
4. Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval 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 rule would amend the cooperative agreement between the Department
of the Interior and the State of Montana for the regulation of surface
coal mining and reclamation operations on Federal lands within Montana
under the permanent regulatory program. The proposed rulemaking would
streamline the permitting process in Montana by delegating to Montana
the sole responsibility to issue permits for coal mining and
reclamation operations on Federal lands under the Federal lands program
regulations, and would eliminate duplicative permitting requirements,
thereby increasing governmental efficiency, which is one of the
purposes of the cooperative agreement. This amendment would also update
the cooperative agreement to reflect current regulations and agency
structures.
6. Unfunded Mandates
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
7. Author
The principal author of these proposed regulations is Ranvir Singh,
P.E., Western Regional Coordinating Center, 1999 Broadway, Suite 3320,
Denver, CO 80202-5733.
List of Subjects in 30 CFR Part 926
Intergovernmental relations, Surface mining, Underground mining.
Dated: January 3, 1997.
Bob Armstrong,
Assistant Secretary, Land and Minerals Management.
For the reasons set out in the preamble, 30 CFR part 926 is
proposed to be amended as follows:
PART 926--[AMENDED]
1. The authority citation for Part 926 is revised to read as
follows:
Authority: 30 U.S.C. 1201 et seq., Public Law 95-87.
2. Section 926.30 is revised to read as follows:
Sec. 926.30 State-Federal cooperative agreement.
The Governor of the State of Montana (Governor) and the
Secretary of the Department of the Interior (Secretary) enter into a
State-Federal Cooperative Agreement (Agreement) to read as follows:
Article I: Authority, Purposes, and Responsible Agencies
A. Authority
This Agreement is authorized by section 523(c) of the Surface
Mining Control and Reclamation Act (SMCRA), 30 U.S.C. Sec. 1273(c),
which allows a State with a permanent regulatory program approved by
the Secretary, under 30 U.S.C. 1253, to elect to enter into an
agreement for State control and regulation of surface coal mining
and reclamation operations on Federal lands. This Agreement provides
for State regulation of coal exploration operations \1\ not subject
to 43 CFR Group 3400, and surface coal mining and reclamation
operations and activities in Montana on Federal lands consistent
with SMCRA, the Federal lands program (30 CFR Chapter VII,
Subchapter D), and the Montana State Program (State Program),
including among other things, the Montana Strip and Underground Mine
Reclamation Act, Part 2, Chapter 4, Title 82, Montana Code Annotated
(State Act or MCA).
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\1\ The term ``Exploration operations'' is referred to as
``Prospecting'' in the Montana State Program.
---------------------------------------------------------------------------
B. Purposes
The purposes of the Agreement are to (1) foster State-Federal
cooperation in the regulation of surface coal mining and reclamation
operations on Federal lands and coal exploration operations not
subject to 43 CFR Group 3400; (2) minimize intergovernmental overlap
and duplication; and (3) provide effective and uniform
[[Page 1417]]
application of the State Program on all non-Indian lands in Montana.
C. Responsible Agencies
The Montana Department of Environmental Quality (DEQ) has, and
shall continue to have, authority under State law to administer this
Agreement on behalf of the Governor. The Office of Surface Mining
Reclamation and Enforcement (OSM) shall administer this Agreement on
behalf of the Secretary.
Article II: Effective Date
Upon signing by the Secretary and the Governor, this Agreement
will take effect [30 days after final publication as rule making in
the Federal Register].\2\ This Agreement shall remain in effect
until terminated as provided in Article XI.
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\2\ See explanation in Article II at 46 FR 20983, April 8, 1981.
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Article III: Definitions
The terms and phrases used in this Agreement, except the term
``permit application package (PAP),'' will be given the meanings set
forth in SMCRA, 30 CFR Parts 700, 701, 740, and 761, and the State
Program, including the State Act and the regulations promulgated
pursuant to the State Act. Where there is a conflict between the
above-referenced State and Federal definitions, the definitions used
in the State Program will apply, unless otherwise required by
Federal regulation.
The term ``permit application package (PAP),'' for the purposes
of this cooperative agreement, means a proposal to conduct surface
coal mining and reclamation operations on Federal lands, including
an application for a permit, permit revision, permit amendment, or
permit renewal, and all information required by SMCRA, the Federal
regulations, the State Program, this agreement, and all other
applicable laws and regulations, including, with respect to leased
Federal coal, the Mineral Leasing Act and its implementing
regulations.
Article IV: Applicability
In accordance with the Federal lands program, the laws,
regulations, terms and conditions of the State Program are
applicable to Federal lands in Montana except as otherwise stated in
this Agreement, SMCRA, 30 CFR 740.4, 740.11(a), and 745.13 or other
applicable Federal laws, Executive Orders, or regulations.
Article V: Requirements for the Agreement
A. The Governor and the Secretary affirm that they will comply
with all provisions of this Agreement.
B. Funds
1. The State shall devote adequate funds to the administration
and enforcement on Federal lands in Montana of the requirements
contained in the State Program. If the State complies with the terms
of this Agreement, and if necessary funds have been appropriated,
OSM shall reimburse the State as provided in section 705(c) of SMCRA
and 30 CFR 735.16 for the costs associated with carrying out
responsibilities under this Agreement. The amount of such funds
shall be determined in accordance with the provisions of Chapter 3-
10 and Appendix 111 of the Federal Assistance Manual.
2. If DEQ applies for a grant but sufficient funds have not been
appropriated to OSM, OSM and DEQ shall promptly meet to decide on
appropriate measures that will insure that surface coal mining and
reclamation operations on Federal lands in Montana are regulated in
accordance with the State Program.
3. Funds provided to DEQ under this Agreement will be adjusted
in accordance with the program income provisions of 43 CFR Part 12.
C. Reports and Records
DEQ shall submit annual reports to OSM containing information
with respect to its compliance with the terms of this Agreement
pursuant to 30 CFR 745.12(d). Upon request, DEQ and OSM shall
exchange, except where prohibited by Federal or State law,
information developed under this Agreement. OSM shall provide DEQ
with a copy of any final evaluation report prepared concerning State
administration and enforcement of this Agreement. DEQ comments on
the report will be attached before being sent to the Congress or
other interested parties.
D. Personnel
DEQ shall maintain the necessary personnel to fully implement
this Agreement in accordance with the provisions of SMCRA, the
Federal lands program, and the State Program.
E. Equipment and Facilities
DEQ shall assure itself access to equipment, laboratories, and
facilities with which all inspections, investigations, studies,
tests, and analyses can be performed and which are necessary to
carry out the requirements of this Agreement.
F. Permit Application Fees and Civil Penalties
The amount of the fee accompanying an application for a permit
to conduct surface coal mining and reclamation operations on Federal
lands in Montana shall be determined in accordance with section 82-
4-223(1) of MCA, and the applicable provisions of Federal law. All
permit fees and civil penalty fines shall be accounted for in
accordance with the provisions of 43 CFR Part 12. Permit fees will
be considered program income. Civil penalties will not be considered
program income. The Financial Status Report submitted pursuant to 30
CFR 735.26 shall include the amount of permit application fees
collected and attributable to Federal lands during the State fiscal
year.
Article VI: Review and Approval of the PAP or Application for
Transfer, Assignment or Sale of Permit Rights
A. Receipt and Distribution of the PAP or Application for Transfer,
Assignment or Sale of Permit Rights
1. DEQ shall require an applicant proposing to conduct surface
coal mining and reclamation operations on Federal lands to submit to
DEQ the appropriate number of copies of a PAP or application for
transfer, assignment or sale of permit rights. The PAP or
application for transfer, assignment or sale of permit rights shall
meet the requirements of 30 CFR Part 740, shall be in the form
required by DEQ, and shall contain, at a minimum, the information
required by 30 CFR 740.13(b), including:
a. Information necessary for DEQ to make a determination of
compliance with the State Program;
b. Any supplemental information required by OSM, the Bureau of
Land Management (BLM), and the Federal land management agency. This
information shall be appropriate and adequate for OSM and the
appropriate Federal agencies to make determinations of compliance
with applicable requirements of SMCRA, the Mineral Leasing Act (MLA)
of 1920, as amended, the Federal lands program, and other Federal
laws, Executive Orders, and regulations which these agencies
administer.
2. Except as otherwise agreed in writing by Federal agencies,
upon receipt of a PAP or application for transfer, assignment or
sale of permit rights, DEQ shall ensure that an appropriate number
of copies of the PAP or application for transfer, assignment or sale
of permit rights are provided to OSM, the Federal land management
agency, and any other appropriate Federal agency.
B. Review of the PAP or Application for Transfer, Assignment or Sale of
Permit Rights
1. DEQ is responsible for:
a. As authorized by 30 CFR 740.4(c),
(1) Being the primary point of contact with the applicant
regarding the review of the PAP or application for transfer,
assignment or sale of permit rights and communications regarding all
decisions and determinations with respect to the PAP or application
for transfer, assignment or sale of permit rights;
(2) Analysis, review, and approval, conditional approval, or
disapproval of the permit application component of the PAP or
application for transfer, assignment or sale of permit rights for
surface coal mining and reclamation operations on Federal lands in
Montana;
(3) Obtaining the comments and findings of Federal agencies with
jurisdiction or responsibility over Federal lands affected by the
operations proposed in the PAP or application for transfer,
assignment or sale of permit rights, unless otherwise agreed in
writing by Federal agencies. DEQ shall request such Federal agencies
to provide to DEQ their requests for additional information or their
findings within 45 days of the receipt of the request;
(4) Obtaining OSM's determination whether the PAP involving
leased Federal coal constitutes a mining plan modification under 30
CFR 746.18, and informing the applicant of such determination;
(5) Consulting with and obtaining the consent, as necessary, of
the Federal land management agency pursuant to 30 CFR 740.4(c)(2),
with respect to post-mining land use and to any special requirements
necessary to protect non-coal resources of the areas that will be
affected by surface coal mining and reclamation operations;
(6) Consulting with and obtaining the consent, as necessary, of
BLM pursuant to 30
[[Page 1418]]
CFR 740.4(c)(3), with respect to requirements relating to the
development, production and recovery of mineral resources on lands
affected by surface coal mining and reclamation operations involving
leased Federal coal pursuant to 43 CFR Group 3400;
(7) Approval and release of performance bonds pursuant to
Article IX.B, and approval and maintenance of liability insurance;
(8) Review and approval of exploration operations not subject to
the requirements of 43 CFR Group 3400, as provided in 30 CFR
740.4(c)(6).
b. In addition, where a mining plan action is required under 30
CFR Part 746, as determined by OSM:
(1) Preparation of documentation to comply with the requirements
of the National Environmental Policy Act (NEPA). However, OSM will
retain the responsibility for the exceptions in 30 CFR
740.4(c)(7)(i) through (vii). DEQ and OSM shall coordinate and
cooperate with each other so that, if possible, one Environmental
Assessment or Environmental Impact Statement is produced to comply
with NEPA and the Montana Environmental Policy Act (MEPA);
(2) Preparation of a State decision package, which includes
written findings indicating that permit application component of the
PAP is in compliance with the terms of the State Program, a
technical analysis of the PAP, and supporting documentation.
2. OSM is responsible for:
a. When the PAP includes Federal lands,
(1) Making determinations and evaluations for NEPA compliance
documents as required by 30 CFR 740.4(c)(7)(i) through (vii);
(2) Reviewing the appropriate portions of the PAP for compliance
with the non-delegable responsibilities of the Secretary pursuant to
SMCRA and 30 CFR 745.13, and for compliance with the requirements of
other Federal laws, Executive Orders, and regulations;
(3) Consulting with the Federal land management agency, and
determining whether the PAP constitutes a mining plan modification
under 30 CFR 746.18, and informing DEQ, whenever practical within 30
days of receiving a copy of the PAP for operations on Federal lands,
of such determination;
(4) Exercising its responsibilities in a timely manner governed,
to the extent possible, by the deadlines established in the State
Program;
(5) Assisting DEQ, upon request, in carrying out its
responsibilities by:
(a) Coordinating resolution of conflicts between DEQ and other
Federal agencies in a timely manner;
(b) Obtaining comments and findings of other Federal agencies
with jurisdiction or responsibility over Federal lands;
(c) Scheduling joint meetings between DEQ and Federal agencies;
(d) Reviewing and analyzing the PAP, to the extent possible, and
providing to DEQ the work product within 50 days of receipt of the
State's request for such assistance, unless a different time is
agreed upon by OSM and DEQ; and
(e) Providing technical assistance, if available OSM resources
allow.
b. In addition, where a mining plan action is required pursuant
to 30 CFR Part 746:
(1) Consulting with and obtaining the concurrences of BLM, the
Federal land management agency, and any other Federal agency, as
necessary, prior to making recommendation to the Secretary
concerning approval of the mining plan;
(2) Upon notification from the DEQ that certain permit
conditions required by the Federal land management agency are not
incorporated in the State permit, OSM will determine whether such
conditions are necessary. When OSM believes the conditions are
necessary, OSM will work with the Federal land management agency to
find another means to resolve the issue and, where appropriate, OSM
will facilitate the attachment of conditions to the appropriate
Federal authorizations; and
(3) Providing a decision document to the Secretary recommending
approval, disapproval, or conditional approval of mining plans or
modifications thereof.
3. The Secretary:
a. Shall concurrently carry out his responsibilities that cannot
be delegated to DEQ pursuant to SMCRA and 30 CFR 745.13, the Federal
lands program, the Mineral Leasing Act (MLA), NEPA, this Agreement,
and other applicable Federal laws including, but not limited to,
those listed in Appendix A. The Secretary shall carry out these
responsibilities in a timely manner and will avoid, to the extent
possible, duplication of the responsibilities of the State as set
forth in this Agreement and the State Program;
b. Reserves the right to act independently of DEQ to carry out
his responsibilities under laws other than SMCRA, and where Federal
law permits, to delegate some of the responsibilities to OSM; and
c. Shall be responsible for approval, disapproval, or
conditional approval of mining plans and modifications thereof with
respect to lands containing leased Federal coal in accordance with
30 CFR 740.4(a)(1).
4. Coordination:
a. As a matter of practice, OSM will not independently initiate
contacts with applicants regarding completeness or deficiencies of a
PAP or application for transfer, assignment or sale of permit rights
with respect to matters covered by the State Program.
b. OSM and DEQ shall coordinate with each other during the
review process of a PAP or application for transfer, assignment or
sale of permit rights as needed.
c. OSM and DEQ may request and schedule meetings with the
applicant with adequate advance notice to each other.
d. DEQ shall keep OSM informed of findings made during the
review process which bear on the responsibilities of OSM or other
Federal agencies. DEQ shall send to OSM copies of any correspondence
with the applicant and any information received from the applicant
regarding the PAP or application for transfer, assignment or sale of
permit rights. OSM shall send to DEQ copies of all OSM
correspondence with the applicant and any other information received
from the applicant which may have a bearing on the PAP or
application for transfer, assignment or sale of permit rights. Any
conflicts or differences of opinions that may develop during the
review process should be resolved at the lowest possible staff
level.
e. OSM shall have access to DEQ files concerning operations on
Federal lands.
f. Where a mining plan action is required pursuant to 30 CFR
Part 746, OSM and DEQ shall develop a work plan and schedule for the
PAP review and each will designate a project leader. The project
leaders will serve as the primary points of contact between OSM and
DEQ throughout the review process. Not later than 50 days after
receipt of the PAP, unless a different time is agreed upon, OSM
shall furnish DEQ with its review comments on the PAP and specify
any requirements for additional data. DEQ shall provide OSM all
available information that may assist OSM in preparing any findings
for the mining plan action.
g. On matters concerned exclusively with regulations under 43
CFR Group 3400, BLM will be the primary contact with the applicant
and shall inform DEQ of its actions and provide DEQ with a copy of
documentation on all decisions.
h. Responsibilities and decisions which can be delegated to DEQ
under applicable Federal laws other than SMCRA may be specified in
working agreements between OSM and DEQ, with the concurrence of any
Federal agency involved, and without amendment to this Agreement.
i. In the case that valid existing rights (VER) are determined
to exist on Federal lands under section 522(e)(3) of SMCRA where the
proposed operation will adversely affect either a publicly-owned
park, or a historic place listed in the NRHP, DEQ shall work,
respectively, with the agency with jurisdiction over the publicly-
owned park or the agency with jurisdiction over the historic place,
to develop mutually acceptable terms and conditions for
incorporation into the permit to mitigate adverse impacts.
C. Approval of the PAP or Application for Transfer, Assignment or Sale
of Permit Rights
1. DEQ shall make a decision on approval, conditional approval,
or disapproval of permit application component of the PAP or
application for transfer, assignment or sale of permit rights on
Federal lands.
2. DEQ must consider the comments of Federal agencies in the
context of permit issuance and will document these comments in the
record of permit decisions. To the extent allowed by Montana law,
permits issued by DEQ will include terms and conditions imposed by
the Federal land management agency pursuant to applicable Federal
laws and regulations other than SMCRA, in accordance with 30 CFR
740.13(c)(1). When Federal agencies recommend permit conditions and
these conditions are not adopted by DEQ, DEQ will provide OSM with
documentation as to why they were not incorporated as permit
conditions.
3. When a mining plan action is required pursuant to 30 CFR part
746, DEQ may make a decision on approval, conditional approval, or
disapproval of permit application component of the PAP on Federal
lands in accordance with the State Program prior to the necessary
Secretarial decision on the mining plan, provided that DEQ advises
the applicant that Secretarial approval of the mining plan action
must be obtained before the applicant may conduct surface coal
[[Page 1419]]
mining and reclamation operations on the Federal lands. To the
extent allowed by the State law, DEQ shall reserve the right to
amend or rescind any requirements of the permit to conform with any
terms or conditions imposed by the Secretary in the approval of the
mining plan.
4. After making its decision on the permit application component
of the PAP, DEQ shall send a copy of the signed permit form and
State decision document to the applicant, OSM, the Federal land
management agency, and any agency with jurisdiction over a publicly-
owned park, or historic property included in the National Register
of Historic Places (NRHP) which would be adversely affected by the
surface coal mining and reclamation operations.
Article VII: Inspections
A. DEQ shall conduct inspections on Federal lands in accordance
with 30 CFR 740.4(c)(5) and prepare and file inspection reports in
accordance with the approved State Program.
B. DEQ shall, subsequent to conducting any inspection on Federal
lands, file with OSM's appropriate Field Office an inspection report
describing: (1) The general conditions of the lands under the lease,
permit, or license; (2) the manner in which the operations are being
conducted; and (3) whether the operator is complying with applicable
performance standards and reclamation requirements.
C. DEQ will be the point of contact and inspection authority in
dealing with the operator concerning operations and compliance with
requirements covered by this Agreement, except as described in this
Agreement and in the Secretary's regulations. Nothing in this
Agreement shall prevent inspections by authorized Federal or State
agencies for purposes other than those covered by this Agreement.
D. Authorized representatives of the Secretary may conduct any
inspections necessary to comply with 30 CFR Parts 842 and 843, and
with the Secretary's obligations under laws other than SMCRA.
E. OSM shall give DEQ reasonable notice of its intent to conduct
an inspection in order to provide State inspectors with an
opportunity to join in the inspection. When OSM is responding to a
citizen complaint supplying adequate proof of an imminent danger to
the public health and safety, or a significant imminent
environmental harm to land, air, or water resources, pursuant to 30
CFR 842.11(b)(1)(ii)(C), it shall contact DEQ no less than 24 hours
prior to the Federal inspection, if practicable, to facilitate a
joint Federal/State inspection. All citizen complaints which do not
involve an imminent danger to the public health and safety, or a
significant imminent environmental harm to land, air, or water
resources, must be referred initially to DEQ for action. The
Secretary reserves the right to conduct inspections without prior
notice to DEQ, if necessary, to carry out his responsibilities under
SMCRA.
Article VIII: Enforcement
A. DEQ shall have primary enforcement authority under SMCRA
concerning compliance with the requirements of this Agreement and
the State Program in accordance with 30 CFR 740.4(c)(5) and
740.17(a)(2). Enforcement authority given to the Secretary under
SMCRA, and its implementing regulations, or other Federal laws and
Executive Orders, including, but not limited to, those listed in
Appendix A, is reserved to the Secretary.
B. During any joint inspection by OSM and DEQ, DEQ will have
primary responsibility for enforcement procedures, including
issuance of cessation orders and notices of violation. DEQ shall
consult with OSM prior to issuance of any decision to suspend,
rescind or revoke a permit on Federal lands. DEQ shall notify BLM of
any suspension, rescission or revocation of a permit containing
leased Federal coal pursuant to 30 CFR 740.13(f)(2).
C. During any inspection made solely by OSM or any joint
inspection where DEQ and OSM fail to agree regarding the propriety
of any particular enforcement action, OSM may take any enforcement
action necessary to comply with 30 CFR Parts 842, 843, 845 and 846.
D. DEQ and OSM shall promptly notify each other of all
violations and of all actions taken with respect to such violations.
E. Personnel of DEQ and OSM shall be mutually available to serve
as witnesses in enforcement actions taken by either party.
F. This Agreement does not affect or limit the Secretary's
authority to enforce violations of Federal laws other than SMCRA.
Article IX: Bonds
A. DEQ and the Secretary shall require all operators on Federal
lands to submit a single performance bond jointly payable to both
the United States and DEQ. The bond shall be of sufficient amount to
cover the operator's responsibilities under SMCRA and the State
Program. The bond shall be conditioned upon continued compliance
with all requirements of SMCRA, 30 CFR Chapter VII, the State
Program, and the permit. Such bond shall provide that if this
Agreement is terminated under the provisions of 30 CFR 745.15, the
portion of the bond covering the Federal lands shall be payable only
to the United States.
B. DEQ will have primary responsibility for the approval and
release of performance bonds required for surface coal mining and
reclamation operations on Federal lands. However, release of a
performance bond on lands subject to an approved mining plan
requires the concurrence of OSM as provided in 30 CFR 740.15(d)(3).
Prior to such concurrence, OSM shall coordinate with other Federal
agencies having the authority over the lands involved. DEQ shall
annually advise OSM of adjustments to the performance bond.
C. Performance bonds will be subject to forfeiture with the
concurrence of OSM, in accordance with the procedures and
requirements of the State Program. OSM may not withhold its
concurrence unless DEQ's forfeiture decision is not in accordance
with the requirements and procedures of the State program.
D. Submission of a performance bond does not satisfy the
requirements for either a Federal lease bond required by 43 CFR Part
3474 or a lessee protection bond which is required in certain
circumstances by section 715 of SMCRA.
Article X: Designating Land Areas Unsuitable for All or Certain
Types of Surface Coal Mining and Reclamation Operations and
Activities, and Valid Existing Rights and Compatibility
Determinations
A. Unsuitability Petitions
1. Authority to designate or terminate the designation of areas
of Federal lands as unsuitable for mining is reserved to the
Secretary. Unsuitability petitions shall be filed with OSM and would
be processed in accordance with 30 CFR 769.
2. When either DEQ or OSM receives a petition that could impact
adjacent Federal or non-Federal lands pursuant to section 522(c) of
SMCRA, the agency receiving the petition will notify the other of
receipt of the petition and the anticipated schedule for reaching a
decision. OSM shall coordinate with and solicit comments from the
applicable Federal land management agency. OSM and DEQ shall fully
consider data, information, and recommendations of all agencies.
B. Valid Existing Rights (VER) and Compatibility Determinations
The following actions will be taken when requests for
determinations of VER pursuant to section 522(e) of SMCRA, or for
determinations of compatibility pursuant to section 522(e)(2) of
SMCRA are received:
1. For Federal lands within the boundaries of any areas
specified under section 522(e)(1) of SMCRA, Secretary will make the
VER determination. If surface coal mining and reclamation operations
would be conducted on both Federal and non-Federal lands within such
areas, the Secretary will make the VER determination for the Federal
lands and DEQ will make the VER determination for State and private
lands.
2. For Federal lands within the boundaries of any national
forest where proposed surface coal mining and reclamation operations
are prohibited or limited by section 522(e)(2) of SMCRA and 30 CFR
761.11(b), the Secretary will make VER determinations. OSM will
process requests for determinations of compatibility under section
522(e)(2) of SMCRA and part 30 CFR 761.12(c).
3. Where a VER determination is requested for Federal lands
protected under section 522(e)(3), DEQ will make the VER
determination. DEQ will determine, in consultation with the State
Historic Preservation Officer, whether any proposed operation will
adversely affect any publicly-owned park or place listed on the
NRHP.
Surface coal mining and reclamation operations of Federal lands
protected under section 522(e)(3) of SMCRA may be permitted if
approved jointly by DEQ, and the Federal, State, or local agency
with jurisdiction over the park or historic place. DEQ will
coordinate with any agency with jurisdiction over the publicly-owned
park or historic place to develop mutually acceptable terms and
conditions for incorporation into the permit in order to mitigate
environmental impacts.
4. DEQ will process determinations of VER on Federal lands for
all areas limited or
[[Page 1420]]
prohibited by section 522(e)(4) and (5) of SMCRA as unsuitable for
mining.
5. For operations on Federal lands, whenever DEQ is responsible
for making the VER determinations, DEQ will consult with OSM and any
affected agency.
Article XI: Termination of the Agreement
This Agreement may be terminated by the Governor or the
Secretary under the provisions of 30 CFR 745.15.
Article XII: Reinstatement of the Agreement
If this Agreement has been terminated in whole or part, it may
be reinstated under the provisions of 30 CFR 745.16.
Article XIII: Amendments of the Agreement
This Agreement may be amended by mutual agreement of the
Governor and the Secretary in accordance with 30 CFR 745.14.
Article XIV: Changes in State or Federal Standards
A. The Secretary or the State may, from time to time, revise and
promulgate new or revised performance or reclamation requirements or
enforcement and administrative procedures. Each party shall, if it
determines it to be necessary to keep this Agreement in force,
change or revise its respective laws or regulations or request
necessary legislative action. Such changes will be made under the
procedures of 30 CFR Part 732 for changes to the State Program and
under the procedures of section 501 of SMCRA for changes to the
Federal lands program.
B. DEQ and OSM shall provide each other with copies of any
changes to their respective laws, rules, regulations, and standards
pertaining to the enforcement and administration of this Agreement.
Article XV: Changes in Personnel and Organization
A. DEQ and OSM shall, consistent with 30 CFR Part 745, advise
each other of changes in the organization, structure, functions,
duties and funds of the offices, departments, divisions, and persons
within their organizations which could affect administration and
enforcement of this Agreement. Each shall promptly advise the other
in writing of changes in key personnel, including the head of a
department or division, or changes in the functions or duties of the
principal offices of the program. DEQ and OSM shall advise each
other in writing of changes in the location of their respective
offices, addresses, telephone numbers, as well as changes in the
names, addresses, and telephone numbers of their respective
personnel.
B. Should the State Act be amended to transfer administration of
the State Act to another agency, all references to DEQ in this
Agreement shall be deemed to apply to the successor regulatory
agency as of the date of transfer. The provisions in this Agreement
shall thereafter apply to that agency.
Article XVI: Reservation of Rights
In accordance with 30 CFR 745.13, this Agreement shall not be
construed as waiving or preventing the assertion of any rights that
have not been expressly addressed in this Agreement that the State
or the Secretary may have under laws other than the Act and the
State Program, including, but not limited to those listed in
Appendix A.
Dated:
Governor of Montana
Dated:
Secretary of the Interior
Appendix A
1. The Federal Land Policy and Management Act, 43 U.S.C. 1701 et
seq., and implementing regulations.
2. The Mineral Leasing Act of 1920, 30 U.S.C. 181 et seq., and
implementing regulations, including 43 CFR Part 3480.
3. The National Environmental Policy Act of 1969, 42 U.S.C. 4321 et
seq., and implementing regulations, including 40 CFR Part 1500.
4. The Endangered Species Act, 16 U.S.C. 1531 et seq., and
implementing regulations, including 50 CFR Part 402.
5. The National Historic Preservation Act of 1966, 16 U.S.C. 470 et
seq., and implementing regulations, including 36 CFR Part 800.
6. Native American Graves Protection and Repatriation Act, 25 U.S.C.
Secs. 3001 et seq.
7. The American Indian Religious Freedom Act, 42 U.S.C. 1986 et seq.
8. The Archaeological Resources Protection Act of 1979, 16 U.S.C.
470aa et seq.
9. The Clean Air Act, 42 U.S.C. 7401 et seq., and implementing
regulations.
10. The Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq.,
and implementing regulations.
11. The Resource Conservation and Recovery Act of 1976, 42 U.S.C.
6901 et seq., and implementing regulations.
12. The Reservoir Salvage Act of 1960, amended by the Preservation
of Historical and Archaeological Data Act of 1974, 16 U.S.C. 469 et
seq.
13. Executive Order 11593 (May 13, 1971), Cultural Resource
Inventories on Federal Lands.
14. Executive Order 11988 (May 24, 1977), for flood plain
protection.
15. Executive Order 11990 (May 24, 1977), for wetlands protection.
16. Executive Order 12898 (February 11, 1994) for Federal Actions to
Address Environmental Justice on Minority Populations and Low Income
Populations.
17. The Mineral Leasing Act for Acquired Lands, 30 U.S.C. 351 et
seq., and implementing regulations.
18. The Stock Raising Homestead Act of 1916, 43 U.S.C. 291 et seq.
19. The Constitution of the United States.
20. Surface Mining Control and Reclamation Act of 1977, 30 U.S.C.
1201 et seq.
21. 30 CFR Chapter VII.
22. The Constitution of the State of Montana.
23. Montana Strip and Underground Mine Reclamation Act (MSUMRA),
Part 2, Chapter 4, Title 82, Montana Code Annotated.
24. Title 26, Chapter 4, Subchapter 3, Administrative Rules of
Montana.
25. Montana Environmental Policy Act (MEPA).
[FR Doc. 97-582 Filed 1-9-97; 8:45 am]
BILLING CODE 4310-05-M