[Federal Register Volume 63, Number 230 (Tuesday, December 1, 1998)]
[Proposed Rules]
[Pages 66079-66081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31914]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 926

[SPATS No. MT-019-FOR]


Montana Regulatory Program

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

ACTION: Proposed rule; 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 a proposed amendment to the Montana regulatory 
program (hereinafter, the ``Montana program'') under the Surface Mining 
Control and Reclamation Act of 1977 (SMCRA). The proposed amendment 
consists of Montana's 1998 Vegetation Guidelines which are required by 
the Administrative Rules of Montana (ARM) at 26.24.726(1). The 
amendment is intended to revise the Montana program to be consistent 
with the corresponding Federal regulations.

DATES: Written comments must be received by 4:00 p.m., [m.s.t.] 
December 31, 1998. If requested, a public hearing on the proposed 
amendment will be held on December 28, 1998. Requests to present oral 
testimony at the hearing must be received by 4:00 p.m., [m.s.t.] on 
December 16, 1998.

ADDRESSES: Written comments should be mailed or hand delivered to Guy 
Padgett, Director, Casper Field Office, 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

[[Page 66080]]

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, Federal Building, 
Room 2128, Casper, Wyoming 82601-1918, Telephone: (307) 261-6550
Steve Welch, Chief, Industrial and Energy Minerals Bureau, Montana 
Department of Environmental Quality, 1520 E. Sixth Ave., P.O. Box 
200901, Helena, MT 59620-0901, Telephone: (406) 444-4964

FOR FURTHER INFORMATION CONTACT: Guy Padgett, Telephone: (307) 261-
6550. Internet address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Montana Program

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

II. Proposed Amendment

    By letter dated November 4, 1998, Montana submitted a proposed 
amendment to its program pursuant to SMCRA (30 U.S.C. 1201 et seq.) 
(Administrative Record No. MT-16-01). Montana submitted the proposed 
amendment in response to a March 29, 1990, letter (Administrative 
Record No. MT-6-13) that OSM sent to Montana in accordance with 30 CFR 
732.17(c), and in response to a subsequent required program amendment 
at 30 CFR 926.16(i). The proposed amendment contains the 1998 
Vegetation Guidelines in which Montana proposes to meet the 
requirements of ARM 26.4.726(1) regarding acceptable field and 
laboratory methods.
    Specifically, Montana proposes to address sampling methods by 
requiring a range site map with community descriptions, production 
sampling, the estimation of percent cover by one of four methods, the 
measurement of vegetation density, and documentation of the premine 
condition. The Guidelines provide the requirements for reference areas, 
as well as the levels of technical standards. Also in the Guidelines is 
a list of normal husbandry practices which meet the criteria 
established in ARM 17.24.725. Specifications for the grazing management 
plan are given. Phase III bond release evaluations are described with 
respect to: (1) hypothesis testing for production, cover, and density; 
and (2) evaluations not requiring hypothesis testing, such as 
diversity, utility, season of use, the 80/60 rule, and predominantly 
native composition. Appendix A contains statistical formulas for 
determining sample adequacy; Levene's test for homogeneity of 
variances; the one-sample, one-sided t test; the one-sided t test for 
two independent samples; the one-sample, one-sided sign test; the one-
sided Mann-Whitney test for two independent samples; the Satterthwaite 
correction; and data transformation. Appendix B contains a list of 
rules addressing vegetation and land use requirements. Appendix C 
contains a list of Montana range plants.

III. Public Comment Procedures

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

1. Written Comments

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

2. Public Hearing

    Persons wishing to testify at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., 
[m.s.t.] December 16, 1998. Any disabled individual who has need for a 
special accommodation to attend a public hearing should contact the 
individual listed under FOR FURTHER INFORMATION CONTACT. The location 
and time of the hearing will be arranged with those persons requesting 
the hearing. If no one requests an opportunity to testify at the public 
hearing, the hearing will not be held.
    Filing of a written statement at the time of the hearing is 
requested as it will greatly assist the transcriber. Submission of 
written statements in advance of the hearing will allow OSM officials 
to prepare adequate responses and appropriate questions.
    The public hearing will continue on the specified date until all 
persons scheduled to testify have been heard. Persons in the audience 
who have not been scheduled to testify, and who wish to do so, will be 
heard following those who have been scheduled. The hearing will end 
after all persons scheduled to testify and persons present in the 
audience who wish to testify have been heard.

3. Public Meeting

    If only one person requests an opportunity to testify at a hearing, 
a public meeting, rather than a public hearing, may be held. Persons 
wishing to meet with OSM representatives to discuss the proposed 
amendment may request a meeting by contacting the person listed under 
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the 
public and, if possible, notices of meetings will be posted at the 
locations listed under ADDRESSES. A written summary of each meeting 
will be made a part of the Administrative Record.

IV. Procedural Determinations

1. Executive Order 12866

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

2. Executive Order 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

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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, 1998.
Russell F. Price,
Acting Regional Director, Western Regional Coordinating Center.
[FR Doc. 98-31914 Filed 11-30-98; 8:45 am]
BILLING CODE 4310-05-M