[Federal Register Volume 62, Number 234 (Friday, December 5, 1997)]
[Proposed Rules]
[Pages 64327-64329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31810]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 926

[SPATS No. MT-017]


Montana Regulatory Program and Abandoned Mine Land Reclamation 
Plan

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

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

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SUMMARY: Office of Surface Mining Reclamation and Enforcement (OSM) is 
announcing receipt of revisions and additional explanatory information 
pertaining to a previously proposed amendment to the Montana regulatory 
program (hereinafter, the ``Montana program'') and abandoned mine land 
reclamation plan (hereinafter, the ``Montana plan'') under the Surface 
Mining Control and Reclamation Act of 1977 (SMCRA). The revisions and 
additional explanatory information for Montana's proposed statutes 
consist of revisions to statutes pertaining to the designation of the 
Montana State Regulatory Authority and reclamation agency under SMCRA, 
a statutory definition of ``prospecting,'' revegetation success 
criteria for bond release, and prospecting under notices of intent. The 
amendment is intended to revise the Montana program to be consistent 
with the corresponding Federal regulations and SMCRA, and to improve 
program efficiency.

DATES: Written comments must be received by 4:00 p.m., m.s.t., December 
22, 1997.

ADDRESSES: Written comments should be mailed or hand delivered to Guy 
Padgett 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 addresses listed below during normal 
business hours, Monday through Friday, excluding holidays. Each 
requester may receive one free copy of the proposed amendment by 
contacting OSM's Casper Field Office.

Guy Padgett, Director, Casper Field Office, Office of Surface Mining 
Reclamation and Enforcement, 100 East ``B'' Street, Room 2128, Casper, 
WY, 82601-1918, Telephone: (307) 261-5776.
Steve Welch, Chief, Industrial and Energy Minerals Bureau, Montana 
Department of Environmental Quality, P.O. Box 200901, Helena, MT 59620-
0901, Telephone: (406) 444-4964.

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

SUPPLEMENTARY INFORMATION: 

I. Background on the Montana Program and Montana Plan

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

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Montana plan as administered by the Department of State Lands. General 
background information on the Montana program, including the 
Secretary's findings, the disposition of comments, and conditions of 
approval of the Montana plan can be found in the October 24, 1980, 
Federal Register (45 FR 70445). Subsequent actions concerning Montana's 
program and program amendments can be found at 30 CFR 926.20.

II. Proposed Amendment

    By letter dated May 16, 1995, Montana submitted a proposed 
amendment to its program pursuant to SMCRA (30 U.S.C. 1201 et seq.) 
(Administrative Record No. MT-14-01). Montana submitted the proposed 
amendment in response to required program amendments at 30 CFR 926.16 
(f) and (g), and at its own initiative. The provisions of Montana Code 
Annotated (MCA) that Montana proposed to revise were: 82-4-203, MCA 
(definitions); 82-4-204, MCA (rulemaking authority); 82-4-205, MCA 
(administration by Department of Environmental Quality); 82-4-221, MCA 
(mining permit required); 82-4-223, MCA (permit fee and surety bond); 
82-4-226(8), MCA (prospecting permit); 82-4-226, MCA (prospecting 
permit); 82-4-227, MCA (refusal of permit); 82-4-231, MCA (submission 
of and action on reclamation plan); 82-4-232, MCA (area mining; bond; 
alternate plan); 82-4-235, MCA (inspection of vegetation--final bond 
release); 82-4-239, MCA (reclamation by regulatory authority); 82-4-
240, MCA (reclamation after bond forfeiture); 82-4-242, MCA (funds 
received by regulatory authority); 82-4-251, MCA (noncompliance; 
suspension of permits); 82-4-254, MCA (violation; penalty; waiver). The 
proposed amendment consisted of statutory revisions enacted by the 1995 
Montana Legislature.
    OSM announced receipt of the proposed amendment in the June 5, 
1995, Federal Register (60 FR 29521), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on its adequacy (Administrative Record No. MT-14-06). 
Because no one requested a public hearing or meeting, none was held. 
The public comment period ended on July 5, 1995.
    During its review of the amendment, OSM identified concerns 
relating to the definitions of ``Board,'' ``Commissioner,'' and 
``Director'' at (MCA) 82-4-203 (6), (10), and (12); Board rules and 
Administration by Department at (MCA) 82-4-205; Inspection of 
vegetation--final bond release at (MCA) 82-4-235; the definition of 
``prospecting'' at (MCA) 82-4-226(8); and Prospecting permit at (MCA) 
82-4-226. OSM also addressed outstanding required program amendments at 
30 CFR 926.16 (h), (i), and (j) as they related to prospecting. OSM 
notified Montana of the concerns by letter dated December 5, 1996 
(Administrative Record No. MT-14-08). Montana responded in a letter 
dated November 6, 1997, by submitting a revised amendment and 
additional explanatory information (Administrative Record No. MT-14-
11). The revisions to the amendment consist of new statutory language 
enacted by the 1997 Montana Legislature.
    Montana proposes revisions to, and additional explanatory 
information for, the definitions of ``Board,'' ``Commissioner,'' and 
``Director'' at (MCA) 82-4-203 (6), (10), and (12); Board rules and 
Administration by Department at (MCA) 82-4-205; Inspection of 
vegetation--final bond release at (MCA) 82-4-235; the definition of 
``prospecting'' at (MCA) 82-4-226(8); and Prospecting permit at (MCA) 
82-4-226.
    Specifically, the revisions and additional explanatory information 
submitted by Montana includes the following:

1. Definition of ``Director'' in the Department of Environmental 
Quality at (MCA) 82-4-203(12)

    Montana has defined the role of the ``Director'' in the newly 
created Department of Environmental Quality. Montana has provided 
explanatory information concerning the Department of Environmental 
Quality responsibilities in the implementation of the Montana program 
under SMCRA.

2. Board Rules and Administration by Department at (MCA) 82-4-204 and 
82-4-205

    Montana has revised the responsibilities of the ``Board'' and the 
``Department'' to alleviate a duplication of duties.

3. Revegetation Criteria for Bond Release at (MCA) 82-4-235

    The 1997 Montana Legislature revised 82-4-235(a) to delete language 
which would have allowed final bond release (in some cases) with 
introduced species providing a major or dominant component of the 
reclaimed vegetation.

4. Definition of ``Prospecting'' and Prospecting Permit at (MCA) 82-4-
203(5) and 82-4-226(8)

    Montana has submitted a revised definition of ``prospecting.'' In 
addition, Montana has revised 82-4-226(8) to provide that prospecting 
under a notice of intent would only be allowed in those situations in 
which less than 250 tons of coal would be removed and on lands not 
determined to be unsuitable for mining.

5. Required Program Amendments at 30 CFR 926.16 (h), (i), and (j)

    Montana has presented a revision to address required program 
amendment (h) concerning the removal of more than 250 tons of coal. 
(See above discussion.) Montana has presented explanatory information 
concerning required program amendments (i) and (j).

III. Public Comment Procedures

    OSM is reopening the comment period on the proposed Montana program 
amendment to provide the public an opportunity to reconsider the 
adequacy of the proposed amendment in light of the additional materials 
submitted. 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.
    Written comments should be specific, pertain only to the issues 
proposed in this rulemaking, and include explanations in support of the 
commenter's recommendations. Comments received after the time indicated 
under DATES or at locations other than the Casper Field Office will not 
necessarily be considered in the final rulemaking or included in the 
administrative record.

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 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),

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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 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.

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.

List of Subjects in 30 CFR Part 926

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: November 23, 1997.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 97-31810 Filed 12-4-97; 8:45 am]
BILLING CODE 4310-05-M