[Federal Register Volume 67, Number 135 (Monday, July 15, 2002)]
[Proposed Rules]
[Pages 46434-46439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17653]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 926

[SPATS No. MT-023-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: We are 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 or the 
Act). Montana proposes revisions, additions, and deletions to rules and 
statutes about the definitions, ownership and control, baseline 
information, maps, prime farmland, reclamation plan, ponds and 
embankments, transportation facilities plan, coal processing plants and 
support facilities, permit application, permit conditions, permit 
revisions, permit renewal, backfilling and grading requirements, small 
depressions, burial and treatment of exposed mineral seams, storage and 
final disposal of garbage, disposal of offsite-generated waste and fly 
ash, contouring, buffer zones, thick overburden and excess spoil, thick 
overburden and disposal of excess spoil, permanent cessation of 
operations, roads and railroad loops, soil removal, blasting schedule, 
permanent sealing of drilled holes, water quality performance 
standards, reclamation of drainages, sedimentation ponds and other 
treatment facilities, discharge structures and outflow structures, 
permanent and temporary impoundments, groundwater monitoring, surface 
water monitoring, wells and underground operations, redistribution and 
stockpiling of soil, establishment of vegetation, soil amendments and 
other management techniques, other revegetation comparison standards, 
vegetation production, cover, diversity, density, and utility 
requirements, measurement standards for trees, shrubs, and half-shrubs, 
postmining land use, alternate reclamation, general performance 
standards, subsidence controls, disposal of underground development 
waste, disposal of coal processing waste, information and monthly 
reports, renewal and transfer of permits, drill holes, roads and other 
transportation facilities, removal of equipment, test pits, bond 
release procedures, notice of intent to prospect, bonding, reassertion 
of jurisdiction, areas upon which coal mining is prohibited, 
designation of lands unsuitable, small operator assistance program, 
certification of blasters, and blaster training courses. Montana also 
proposes to recodify the Administrative Rules of Montana from ARM 26.4 
to ARM 17.24. Montana intends to revise its program to be consistent 
with the corresponding Federal regulations and SMCRA, provide 
additional safeguards, clarify ambiguities, and improve operational 
efficiency.
    This document gives the times and locations that the Montana 
program and proposed amendment to that program are available for your 
inspection, the comment period during which you may submit written 
comments on the amendment, and the procedures that we will follow for 
the public hearing, if one is requested.

DATES: We will accept written comments on this amendment until 4 p.m., 
[m.d.t.] August 14, 2002. If requested, we will hold a public hearing 
on the amendment on August 9, 2002. We will accept requests to speak 
until 4 p.m., [m.d.t.] on July 30, 2002.

ADDRESSES: You should mail or hand deliver written comments and 
requests to speak at the hearing to Guy Padgett at the address listed 
below.
    You may review copies of the Montana program, this amendment, a 
listing of any scheduled public hearings, and all written comments 
received in response to this document at the addresses listed below 
during normal business hours, Monday through Friday, excluding 
holidays. You may receive one free copy of the amendment by contacting 
Office of Surface Mining Reclamation and Enforcement's (OSM) Casper 
Field Office.

Guy Padgett, Director, Casper Field Office, Office of Surface Mining 
Reclamation and Enforcement, Federal Building, 100 East B Street, 
Casper, WY 82601-1918, (307) 261-6550, [email protected].
Neil Harrington, Chief, Industrial and Energy Minerals Bureau, Montana 
Department of Environmental Quality, 1520 E. Sixth Ave., PO Box 200901, 
Helena, MT 59620-0901, (406) 444-4964, [email protected].

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

SUPPLEMENTARY INFORMATION:   

I. Background on the Montana Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations

[[Page 46435]]

I. Background on the Montana Program

    Section 503(a) of the Act permits a State to assume primacy for the 
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that 
its State program includes, among other things, ``a State law which 
provides for the regulation of surface coal mining and reclamation 
operations in accordance with the requirements of the Act * * *; and 
rules and regulations consistent with regulations issued by the 
Secretary pursuant to the Act.'' See 30 U.S.C. 1253(a)(1) and (7). On 
the basis of these criteria, the Secretary of the Interior 
conditionally approved the Montana program on April 1, 1980. You can 
find background information on the Montana program, including the 
Secretary's findings, the disposition of comments, and conditions of 
approval of the Montana program in the April 1, 1980, Federal Register 
(45 FR 21560). You can also find later actions concerning Montana's 
program and program amendments at 30 CFR 926.15, 926.16, and 926.30.

II. Description of the Proposed Amendment

    By letter dated May 7, 2002, Montana sent us a proposed amendment 
to its program (SPATS No. MT-023-FOR; Administrative Record No. MT-20-
01) under SMCRA (30 U.S.C. 1201 et seq.). Montana sent the amendment in 
response to letters dated March 29, 1990; June 5, 1996; January 13, 
1997; and June 26, 1997 (Administrative Record Nos. MT-60-07, MT-60-09, 
MT-60-10, and MT-60-11) that we sent to Montana in accordance with 30 
CFR 732.17(c), in response to the required program amendment at 30 CFR 
926.16(e)(9), and to include the changes made at its own initiative. 
The full text of the program amendment is available for you to read at 
the locations listed above under ADDRESSES.
    The provisions of the Administrative Rules of Montana (ARM) that 
Montana proposes to revise, add or delete are: ARM 17.24.301(13), (34), 
(38), (46), (64), (69), (71), (72), (75), (95), (101), (103), (104), 
and (105), Definitions; 17.24.302, Format and Supplemental Information; 
17.24.303, Legal, Financial, Compliance, and Related Information; 
17.24.304, Baseline Information: Environmental Resources; 17.24.305, 
Maps; 17.24.306, Baseline Information: Prime Farmland Investigation; 
17.24.313, Reclamation Plan; 17.24.315, Plan for Ponds and Embankments; 
17.24.321, Transportation Facilities Plan; 17.24.324, Prime Farmland: 
Special Application Requirements; 17.24.327, Coal Processing Plants and 
Support Facilities Not Located Within a Mine Permit Area: Special 
Application Requirements; 17.24.401, Filing of Application and Notice; 
17.24.403, Informal Conference; 17.24.404, Review of Application; 
17.24.405, Findings and Notice of Decision; 17.24.413, Conditions of 
Permit; 17.24.415, Permit Revisions; 17.24.416, Permit Renewal; 
17.24.501, General Backfilling and Grading Requirements; 17.24.501A, 
Final Grading Requirements; 17.24.503, Small Depressions; 17.24.505, 
Burial and Treatment of Exposed Mineral Seams and Waste Materials; 
17.24.507, Storage and Final Disposal of Garbage and Other Debris; 
17.24.510, Disposal of Off-site Generated Waste and Fly Ash; 17.24.514, 
Contouring; 17.24.518, Buffer Zones; 17.24.519A, Thick Overburden and 
Excess Spoil; 17.24.520, Thick Overburden and Disposal of Excess Spoil; 
17.24.522, Permanent Cessation of Operations; 17.24.601, General 
Requirements for Road and Railroad Loop Construction; 17.24.603, Road 
and Railroad Loop Embankments; 17.24.604, Soil Removal; 17.24.605, 
Hydrologic Impact of Roads and Railroad Loops; 17.24.606, Surfacing of 
Roads; 17.24.607, Maintenance of Roads and Railroad Loops; 17.24.623, 
Blasting Schedule; 17.24.625, Seismograph Measurements; 17.24.632, 
Permanent Sealing of Drilled Holes; 17.24.633, Water Quality 
Performance Standards; 17.24.634, Reclamation of Drainages; 17.24.639, 
Sedimentation Ponds and Other Treatment Facilities; 17.24.640, 
Discharge Structures and Outflow Structures; 17.24.642, Permanent and 
Temporary Impoundments; 17.24.645, Groundwater Monitoring; 17.24.646, 
Surface Water Monitoring; 17.24.647, Transfer of Wells; 17.24.652, 
Wells and Underground Openings: Safety; 17.24.702, Redistribution and 
Stockpiling of Soil; 17.24.711, Establishment of Vegetation; 17.24.713, 
Timing of Seeding and Planting; 17.24.716, Method of Revegetation; 
17.24.718, Soil Amendments and Other Management Techniques; 17.24.724, 
Use of Revegetation Comparison Standards; 17.24.725, Period of 
Responsibility; 17.24.726, Vegetation Production, Cover, Diversity, 
Density, and Utility Requirements; 17.24.728, Composition of 
Vegetation; 17.24.733, Measurement Standards for Trees, Shrubs, and 
Half-Shrubs; 17.24.762, Postmining Land Use; 17.24.815, Prime 
Farmlands: Revegetation; 17.24.821, Alternate Reclamation: Submission 
of Plan; 17.24.823, Alternate Reclamation: Approval of Plan and Review 
of Operations; 17.24.825, Alternate Reclamation: Alternate 
Revegetation; 17.24.826, Alternate Reclamation: Period of 
Responsibility for Alternate Revegetation; 17.24.901, General 
Application and Review Requirements; 17.24.903, General Performance 
Standards; 17.24.911, Subsidence Control; 17.24.924, Disposal of 
Underground Development Waste: General Requirements; 17.24.925, 
Disposal of Underground Development Waste: Valley Fill; 17.24.927, 
Disposal of Underground Development Waste: Durable Rock Fills; 
17.24.932, Disposal of Coal Processing Waste; 17.24.1001, Permit 
Requirement; 17.24.1002, Information and Monthly Reports; 17.24.1003, 
Renewal and Transfer of Permits; 17.24.1005, Drill Holes; 17.24.1006, 
Roads and Other Transportation Facilities; 17.24.1010, Removal of 
Equipment; 17.24.1014, Test Pits: Application Requirements, Review 
Procedures, Bonding, and Additional Performance Standards; 17.24.1017, 
Bond Release Procedures for Drilling Operations; 17.24.1018, Notice of 
Intent to Prospect; 17.24.1103, Bonding: Period of Responsibility for 
Alternate Revegetation; 17.24.1104, Bonding: Adjustment of Amount of 
Bond; 17.24.1108, Bonding: Certificates of Deposit; 17.24.1111, 
Bonding: Bond Release Application Requirements; 17.24.1112, Bonding: 
Advertisement of Release Applications and Receipt of Objections; 
17.24.1116, Bonding: Criteria and Schedule for Release of Bond; 
17.24.1116A, Reassertion of Jurisdiction; 17.24.1132, Areas Upon Which 
Coal Mining is Prohibited: Definitions and Standard for Measurement of 
Distances; 17.24.1143, Designation of Lands Unsuitable: Prospecting on 
Designated Lands; 17.24.1221, Small Operator Assistance Program: 
Program Services; 17.24.1222, Small Operator Assistance Program: 
Eligibility for Assistance; 17.24.1223, Small Operator Assistance 
Program: Filing for Assistance; 17.24.1224, Small Operator Assistance 
Program: Application Approval and Notice; 17.24.1225, Small Operator 
Assistance Program: Data Requirements; 17.24.1226, Small Operator 
Assistance Program: Qualification of Laboratories, Consultants, and 
Contractors; 17.24.1228, Small Operator Assistance Program: Applicant 
Liability; 17.24.1261, Certification of Blasters and 17.24.1262, 
Blaster Training Courses. In addition, Montana proposes to recodify its 
rules from ARM 26.4 to 17.24.
    The provisions of the Montana Code Annotated (MCA) that Montana 
proposes to revise are: MCA 82-4-205,

[[Page 46436]]

Administration by Department; 82-4-206, Procedure for Contested Case 
Hearings; 82-4-231, Submission of and Action on Reclamation Plan; 82-4-
241, Receipts Paid into General Fund; and 82-4-254, Violation-Penalty-
Waiver.
    Specifically, Montana proposes to revise the definitions of 
``approximate original contour,'' ``occupied residential dwelling and 
structures related thereto,'' ``excess spoil,'' ``other treatment 
facilities,'' ``owned or controlled and owns or controls,'' ``soil 
survey,'' and ``sedimentation pond;'' add definitions of ``domestic 
water supply,'' ``habit or characteristic pattern,'' ``material 
damage,'' ``non-commercial building,'' ``railroad loop,'' ``replace 
adversely affected domestic water supply;'' and recodify other 
definitions at ARM 17.24.301.
    At ARM 17.24.302, Montana proposes to refer to Federal lands 
instead of Federal coal, and revise the number of applications required 
for submission.
    At ARM 17.24.303, Montana proposes to allow the applicant to 
request confidentiality on proprietary information.
    At ARM 17.24.304, Montana proposes clarification revisions.
    At ARM 17.24.305, Montana proposes revisions to delete qualified, 
registered land surveyors or professional geologists and only allow 
qualified licensed professional engineers and revisions concerning the 
preparation of maps.
    At ARM 17.24.306, 17.24.324, 17.24.401, 17.24.724, 17.24.815, 
17.24.823, and 17.24.825, Montana changes the reference from the U.S. 
soil conservation service to the U.S. natural resources conservation 
service.
    At ARM 17.24.313, 17.24.632, 17.24.647, 17.24.652, 17.24.903, 
17.24.925, 17.24.1001, 17.24.1005 through 17.24.1018, 17.24.1132, and 
17.24.1143, Montana deletes ``exploration'' and adds ``prospecting.''
    At ARM 17.24.315, Montana revises cross-references and adds 
requirements for a stability analysis and foundation information 
concerning ponds and embankments.
    At ARM 17.24.321, Montana adds clarifying information concerning 
the transportation facilities plan, changes ``rail system'' to 
``railroad loop'' and adds requirements for ramp roads.
    At ARM 17.24.327, Montana revises a cross-reference.
    At ARM 17.24.403, Montana makes grammatical revisions.
    At ARM 17.24.404, Montana clarifies that if the initial judicial 
hearing authority either denies a stay or affirms a violation 
concerning a permit application, then the coal mining operations must 
be terminated within 30 days of the judicial decision unless the 
applicant provides proof that the violation has been or is in the 
process of being resolved to the satisfaction of the agency having 
jurisdiction over the violation.
    At ARM 17.24.405, Montana proposes to delete an obsolete provision 
concerning OSM preparing written findings on Federal lands.
    At ARM 17.24.413, Montana corrects a grammatical error.
    At ARM 17.24.415, Montana clarifies language concerning permit 
revision applications.
    At ARM 17.24.416, Montana deletes language referring to major 
permit revisions which they believe belongs in another section.
    At ARM 17.24.501, Montana makes editorial revisions and adds 
necessary language concerning final grading requirements from 
17.24.501A.
    At ARM 17.24.501A, Montana proposes to delete this section and 
transfer the necessary programmatic language to ARM 17.24.501.
    At ARM 17.24.503, Montana proposes to allow small depressions for 
wildlife use and eliminate size restriction on depressions.
    At ARM 17.24.505, Montana proposes to add exposed mineral seams to 
this rule concerning the burial and treatment of waste materials, 
clarify that impoundments may not include acid, acid-forming, toxic, or 
toxic-forming wastes, and allow greater flexibility in the covering of 
exposed mineral seams with a requirement for a demonstration of 
protection with a lesser cover depth.
    At ARM 17.24.507, Montana proposes to correct a cross-reference to 
PL 94-580.
    At ARM 17.24.510, Montana primarily proposes to add and revise 
cross-references.
    At ARM 17.24.514, Montana proposes to delete this rule as it is not 
needed.
    At ARM 17.24.518, Montana proposes to correct a grammatical error.
    At ARM 17.24.519A, Montana proposes to delete this rule and move 
the language to 17.24.520.
    At ARM 17.24.520, Montana has added the former language from 
17.24.519A, clarified that excess spoil would be used to eliminate 
highwalls, and has recodified the rule's subsections.
    At ARM 17.24.522, Montana clarifies that an operator who 
permanently ceases mining operations, whether in all or part of the 
permit area, shall close or backfill and otherwise reclaim all affected 
areas, regardless of whether the permit has expired, been revoked, or 
suspended.
    At ARM 17.24.601, Montana proposes to delete much of this rule due 
to obsolete provisions concerning roads, add railroad loop 
construction, and clarify other subsections.
    At ARM 17.24.603, Montana proposes to make this rule applicable to 
only road and railroad loop embankments as 17.24.639 addresses sediment 
pond embankments.
    At ARM 17.24.604, Montana proposes to delete this rule concerning 
soil removal as it is covered at 17.24.701.
    At ARM 17.24.605, Montana proposes to delete redundant or 
unnecessary language concerning the hydrologic impact of roads, make 
the rule applicable to railroad loops, and allow greater flexibility in 
impounding water under certain conditions at the site of water control 
structures.
    At ARM 17.24.606, Montana proposes to delete this rule concerning 
the surfacing of roads as it is covered at 17.24.601.
    At ARM 17.24.607, Montana proposes to add railroad loops to the 
maintenance of roads and eliminate other redundancies.
    At ARM 17.24.623, Montana proposes to eliminate restrictions on 
when blasting may proceed.
    At ARM 17.24.625, Montana corrects a cross-reference.
    At ARM 17.24.633, Montana proposes clarifications to language 
concerning water quality performance standards.
    At ARM 17.24.634, Montana proposes: (1) Various editorial 
revisions; (2) to move the definition of ``natural habit and 
characteristic pattern of streams'' to 17.24.301(46); (3) to delete the 
120 day requirement for the design submittal `` for more flexibility; 
(4) to eliminate the requirement that designs be certified by a 
registered, professional engineer; (5) to eliminate the requirement 
that the Department inspect all drainage channels prior to resoiling 
and seeding; and (6) to disallow an exception to having a channel 
``approximate an appropriate geomorphic habit or characteristic 
pattern.''
    At ARM 17.24.639, Montana proposes various changes to: (1) Revise 
the amount of sediment storage from 0.035 ac-ft/acre to 0.02 ac-ft per 
acre; (2) delete the requirement for a bathymetric survey; (3) make 
clarification, redundancy, and editorial corrections; (4) eliminate the 
requirement that excavated ponds require spillways; (5) make revisions 
in accordance with OSM's part 732 letter dated June 26, 1997, 
concerning the Energy Policy Act; (6) allow more flexibility for 
accounting for embankment settlement; and (7) allow steeper interior 
slopes for excavated ponds.

[[Page 46437]]

    At ARM 17.24.640, Montana proposes to expand this rule concerning 
discharge structures to cover outflow sites.
    At ARM 17.24.642, 17.24.645, and 17.24.646, Montana proposes to 
correct various cross-references.
    At ARM 17.24.702, Montana proposes wording revisions for 
clarification.
    At ARM 17.24.711, Montana proposes to add the requirement for a 
``predominance of native species'' and self-regeneration of plants, and 
to correct a cross-reference.
    At ARM 17.24.713, Montana proposes to delete the 90-day seeding 
requirement.
    At ARM 17.24.716, Montana proposes to transfer a requirement for a 
permanent diverse vegetative cover of predominantly native species to 
17.24.711 and provide a cross-reference to the statutes.
    At ARM 17.24.718, Montana makes a grammatical correction.
    At ARM 17.24.725, 17.24.726, and 17.24.728, Montana proposes to 
revise the cross-references to the correct statute citation.
    At ARM 17.24.733, Montana proposes to delete a measurement standard 
for trees, shrubs, and half-shrubs, which has no Federal requirement.
    At ARM 17.24.762, Montana proposes to revise the cross-reference to 
the correct rule citation.
    At ARM 17.24.821 and 17.24.825, Montana proposes language to 
clarify cross-references and technical standards.
    At ARM 17.24.826, Montana proposes a new rule to replace 
17.24.1103.
    At ARM 17.24.901 and 17.24.911, Montana proposes various revisions 
to address OSM's June 5, 1996, part 732 letter concerning the Energy 
Policy Act, which requires the prompt repair or compensation for 
material damage caused by subsidence to noncommercial buildings and 
occupied residential dwelling and related structures caused by 
underground coal mining operations conducted after October 24, 1992; 
and the replacement of drinking, domestic, and residential water 
supplies that have been adversely impacted by surface or underground 
coal mining operations conducted after that date.
    At ARM 17.24.924, Montana proposes to delete subsection (15).
    At ARM 17.24.927 and 17.24.932, Montana revises a cross-reference 
due to the deletion of ARM 17.24.924(15).
    At ARM 17.24.1001, Montana proposes new language to alert 
landowners to the prospector's liability under a prospecting permit and 
the Department's responsibility to inspect prospecting operations for 
compliance with the Act, the rules, and permit conditions.
    At ARM 17.24.1002, Montana proposes revisions relating to 
prospecting operations which substantially disturb land or water 
resources and adds a requirement that annual reports be filed for 
prospecting operations in accordance with the statues at MCA 82-4-226 
and 82-4-237.
    At ARM 17.24.1003, Montana proposes a new rule to reiterate 
language contained at 17.24.418.
    At ARM 17.24.1014, Montana proposes to add the requirements that 
the notice of application be published by the applicant, and that the 
affirmative demonstration and written findings required for the 
application also address coal test pit prospecting.
    At ARM 17.24.1018, Montana adds the requirements that the notice of 
intent to prospect include copies of the documents upon which the 
applicant bases his or her legal right to prospect on the land 
affected, as well as document that the landowners have been contacted 
concerning the notice of intent to prospect.
    At ARM 17.24.1103, Montana proposes to delete this rule and insert 
it at ARM 17.24.826.
    At ARM 17.24.1104, Montana proposes a new subsection to address 
bonding and OSM's June 5, 1996, part 732 letter concerning the Energy 
Policy Act.
    At ARM 17.24.1108, Montana proposes to delete the reference to the 
FSLIC (Federal Savings and Loan Insurance Corporation).
    At ARM 17.24.1111, Montana has added a requirement that each 
application for partial or full bond release include a notarized 
statement certifying that all applicable reclamation requirements have 
been achieved in accordance with the Act, the rules, and the approved 
reclamation plan.
    At ARM 17.24.1112, Montana proposes to add the phrase ``by any 
affected person'' concerning the submission of comments on bond release 
applications.
    At ARM 17.24.1116, Montana proposes to insert the language from 
17.24.1116A concerning the reassertion of jurisdiction.
    At ARM 17.24.1116A, Montana proposes to delete this section, as the 
language is contained at 17.24.1116.
    At ARM 17.24.1221, concerning the small operator assistance program 
services, Montana adds a provision to allow funds to pay contractors 
and consultants. In addition, a cross-reference is made to services 
provided for in ARM 17.24.1225.
    At ARM 17.24.1222, concerning the small operator assistance program 
eligibility, Montana revises the section to allow production of up to 
300,000 tons of coal/year. Montana also revises the section to provide 
that the definition of ownership and control is based upon a greater 
than 10% interest in the operation.
    At ARM 17.24.1223, Montana proposes to revise map specification for 
programmatic consistency and to allow for a legal right of entry for 
contractors and consultants participating in the small operator 
assistance program.
    At ARM 17.24.1224, Montana changes the small operator assistance 
program application approval and notice to allow for contractors and 
consultants.
    At ARM 17.24.1225, Montana adds additional data collection 
requirements concerning the small operator assistance program.
    At ARM 17.24.1226, concerning the small operator assistance program 
qualification, Montana provides for consultants and contractors, 
clarifies language, and adds cross-references.
    At ARM 17.24.1228, concerning the small operator assistance program 
liability, Montana provides for contractors and consultants, clarifies 
the coal production limit of 300,000 tons of coal/year, and makes the 
coal production limit effective within a 12-month period immediately 
following the date on which the permit was issued.
    At ARM 17.24.1261, Montana proposes revisions to provide 
consistency with 17.24.1262, to revise the training manual on an as-
needed basis, to eliminate cross-reference to a blaster's exam given by 
the Department of Labor, to lower the refresher course requirement to 
16 hours, and to eliminate the option of meeting equivalent 
requirements for blaster certification.
    At ARM 17.24.1262, Montana proposes to delete language which is 
also provided at 17.24.1261.
    At MCA 82-4-205 and 82-4-206, Montana proposes to move the 
authority to conduct contested case hearings from the Department to the 
Board.
    At MCA 82-4-231, Montana proposes revisions to the timeline for 
completing an environmental impact statement and adds a reference to a 
new Montana statute.
    At MCA 82-4-241, Montana proposes that bond forfeiture moneys are 
only used for reclamation of lands on which bond forfeiture has 
occurred, and that funds held by the Department as bond or as a result 
of bond forfeiture that are no longer needed for reclamation and for 
which the Department is not able to

[[Page 46438]]

locate a surety or other person who owns the funds, must be deposited 
in the state special revenue fund and credited to the environmental 
rehabilitation and response account.
    At MCA 82-4-254, Montana proposes revisions to reflect the change 
to move the authority for conducting contested case hearings from the 
Department to the Board.

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are seeking your 
comments on whether the amendment satisfies the applicable program 
approval criteria of 30 CFR 732.15. If we approve the amendment, it 
will become part of the Montana program.

Written Comments

    Send your written or electronic comments to OSM at the address 
given above. Your comments should be specific, pertain only to the 
issues proposed in this rulemaking, and include explanations in support 
of your recommendations. We will not consider or respond to your 
comments when developing the final rule if they are received after the 
close of the comment period (see Dates). We will make every attempt to 
log all comments into the administrative record, but comments delivered 
to an address other than the Casper Field Office may not be logged in.

Electronic Comments

    Please submit Internet comments as an ASCII file avoiding the use 
of special characters and any form of encryption. Please also include 
``Attn: SPATS No. MT-023-FOR'' and your name and return address in your 
Internet message. If you do not receive a confirmation that we have 
received your Internet message, contact the Casper Field Office at 
(307) 261-6550.

Availability of Comments

    We will make comments, including names and addresses of 
respondents, available for public review during normal business hours. 
We will not consider anonymous comments. If individual respondents 
request confidentiality, we will honor their request to the extent 
allowable by law. Individual respondents who wish to withhold their 
name or address from public review, except for the city or town, must 
state this prominently at the beginning of their comments. We will make 
all submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available for public review in their entirety.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., [m.d.t.] on 
July 30, 2002. If you are disabled and need special accommodations to 
attend a public hearing, contact the person listed under FOR FURTHER 
INFORMATION CONTACT. We will arrange the location and time of the 
hearing with those persons requesting the hearing. If no one requests 
an opportunity to speak, we will not hold the hearing.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at a public hearing 
provide us with a written copy of his or her comments. The public 
hearing will continue on the specified date until everyone scheduled to 
speak has been given an opportunity to be heard. If you are in the 
audience and have not been scheduled to speak and wish to do so, you 
will be allowed to speak after those who have been scheduled. We will 
end the hearing after everyone scheduled to speak and others present in 
the audience who wish to speak, have been heard.

Public Meeting

    If only one person requests an opportunity to speak, we may hold a 
public meeting rather than a public hearing. If you wish to meet with 
us to discuss the amendment, please request a meeting by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings 
are open to the public and, if possible, we will post notices of 
meetings at the locations listed under ADDRESSES. We will make a 
written summary of each meeting a part of the administrative record.

IV. Procedural Determinations

Executive Order 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis performed for the counterpart federal regulation.

Executive Order 12866--Regulatory Planning and Review

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

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 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 because 
each 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.

Executive Order 13132--Federalism

    This rule does not have federalism implications. SMCRA delineates 
the roles of the federal and state governments with regard to the 
regulation of surface coal mining and reclamation operations. One of 
the purposes of SMCRA is to ``establish a nationwide program to protect 
society and the environment from the adverse effects of surface coal 
mining operations.'' Section 503(a)(1) of SMCRA requires that state 
laws regulating surface coal mining and reclamation operations be ``in 
accordance with'' the requirements of SMCRA. Section 503(a)(7) requires 
that state programs contain rules and regulations ``consistent with'' 
regulations issued by the Secretary pursuant to SMCRA.

Executive Order 13211--Regulations That Significantly Affect The 
Supply, Distribution, or Use of Energy

    On May 18, 2001, the President issued Executive Order 13211 which 
requires agencies to prepare a Statement of Energy Effects for a rule 
that is (1) considered significant under Executive Order 12866, and (2) 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Because this rule is exempt from review 
under Executive Order 12866 and is not expected to have a significant 
adverse effect on the supply, distribution, or use of energy, a 
Statement of Energy Effects is not required.

National Environmental Policy Act

    This rule does not require an environmental impact statement 
because 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

[[Page 46439]]

National Environmental Policy Act (42 U.S.C. 4332(2)(C)).

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.).

Regulatory Flexibility Act

    The Department of the Interior certifies 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, which 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. 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.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not 
have an annual effect on the economy of $100 million; (b) will not 
cause a major increase in costs or prices for consumers, individual 
industries, Federal, State, or local government agencies, or geographic 
regions; and (c) does not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises. This determination is based upon the fact that the state 
submittal, which is the subject of this rule, is based upon counterpart 
Federal regulations for which an analysis was prepared and a 
determination made that the Federal regulation was not considered a 
major rule.

Unfunded Mandates

    This rule will not impose an unfunded mandate on state, local, or 
tribal governments or the private sector of $100 million or more in any 
given year. This determination is based upon the fact that the state 
submittal, which is the subject of this rule, is based upon counterpart 
federal regulations for which an analysis was prepared and a 
determination made that the federal regulation did not impose an 
unfunded mandate.

List of Subjects in 30 CFR Part 926

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: June 3, 2002.
Brent Wahlquist,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 02-17653 Filed 7-12-02; 8:45 am]
BILLING CODE 4310-05-P