[Federal Register Volume 75, Number 142 (Monday, July 26, 2010)]
[Proposed Rules]
[Pages 43476-43478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18231]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 926

[SATS No. MT-030-FOR; Docket ID No. OSM-2009-0007]


Montana Regulatory Program

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

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

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SUMMARY: We are announcing receipt of revisions pertaining to a 
previously proposed statutory 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 
revised its original amendment proposal to remain consistent with SMCRA 
and Office of Surface Mining Reclamation and Enforcement (``OSM'') 
policy. The

[[Page 43477]]

revised amendment pertains to exempting certain small water treatment 
and other facilities areas from the 10-year revegetation responsibility 
period. Montana intends to revise its program to be consistent with 
OSM's interpretation of SMCRA, clarify ambiguities, and to improve 
operational efficiency.

DATES: We will accept written comments on this amendment until 4 p.m., 
[m.d.t.] August 25, 2010.

ADDRESSES: You may submit comments, identified by ``SATS No. MT-030-
FOR'' or ``Docket ID No. OSM-2009-0007,'' by any of the following 
methods:
     E-mail: [email protected]. Please include ``Docket ID No. 
OSM-2009-0007'' in the subject line of the message.
     Mail/Hand Delivery/Courier: Jeffrey Fleischman, Chief, 
Casper Field Office, Office of Surface Mining, Reclamation and 
Enforcement, Dick Cheney Federal Building POB 11018, 150 East B Street, 
Casper, WY 82601-7032, (307) 261-6550.
     Fax: (307) 261-6552.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions below for submitting comments.
    Instructions: All submissions received must include the agency name 
and Docket ID No. OSM-2009-0007. For detailed instructions on 
submitting comments and additional information on the rulemaking 
process, see the ``Public Comment Procedures'' heading of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: Access to the docket, to 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, may be 
obtained 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 (OSM's) Casper Field Office. In addition, 
you may review a copy of the amendment during regular business hours at 
the following locations:
    Jeffrey Fleischman, Chief, Casper Field Office, Office of Surface 
Mining Reclamation and Enforcement, Dick Cheney Federal Building POB 
11018, 150 East B Street, Casper, WY 82601-7032, (307) 261-6550, 
[email protected].
    Edward L. Coleman, Bureau Chief, Industrial and Energy Minerals 
Bureau, Department of Environmental Quality, P.O. Box 200901, Helena, 
MT 59620-0901, (406) 444-2544, [email protected].

FOR FURTHER INFORMATION CONTACT: Jeffrey Fleischman, Casper Field 
Office Director. Telephone: (307) 261-6550. Internet address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

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

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 this Act * * *; and 
rules and regulations consistent with regulations issued by the 
Secretary pursuant to this 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

    Montana originally proposed to revise MCA 82-4-235(2), (3), and 
(4). These statutory provisions all pertain to revegetation and final 
bond release. We announced receipt of the original proposed amendment 
in the August 12, 2009, Federal Register (74 FR 40537), provided an 
opportunity for a public hearing or meeting on its substantive 
adequacy, and invited public comment on its adequacy (Document ID 
OSM-2009-0007-0001; Administrative Record No. MT-27-05). 
Because no one requested a public hearing or meeting, none was held. 
The public comment period ended on September 11, 2009. We received 
comments from one Federal agency and one private citizen.
    During our review of the amendment, we identified concerns relating 
to the proposed provisions of the Montana Code Annotated at 82-4-
235(3)(a), revegetation responsibility periods. We notified Montana of 
our concerns by letter dated March 19, 2010 (Document ID OSM-
2009-0007-0006; Administrative Record No. MT-27-08). Montana responded 
in a letter dated April 12, 2010, by submitting a revised amendment 
proposal (Document ID OSM-2009-0007-0007; Administrative 
Record No. MT-27-09).
    OSM's concern with Montana's original proposal was that the 
provision would have allowed different types of areas to be exempted 
from the revegetation responsibility period than allowed under OSM's 
interpretation of SMCRA 515(b)(20). OSM proposed a policy in 1993 to 
allow State regulatory program amendments which would specify that 
areas reclaimed following the removal of siltation structures and 
associated diversions and access roads are not subject to a 
revegetation responsibility period (58 FR 48333). This allows States to 
elect to exclude these specific areas from the ten-year responsibility 
period in order to process bond releases on logical increments or 
permit areas as a whole. Sedimentation ponds and associated diversions 
or other siltation structures which are prohibited from being removed 
until two years after the last augmented seeding, fertilizing, 
irrigation, or other work need not extend the responsibility period or 
be divided out to have a separate responsibility period. The policy was 
adopted on May 29, 1996 (61 FR 26792, 26796).
    Montana has revised its proposed statutory language to be 
consistent with this OSM policy and SMCRA. Proposed MCA 82-4-235(3)(a) 
now reads:

    (3)(a) Vegetative cover of water management facilities and other 
support facilities composing no more than 10% of the area for which 
bond release is sought is not subject to the 10-year responsibility 
period. Water management facilities and other support facilities 
include sedimentation ponds, diversions, other water management 
structures, soils stockpiles, and access roads.

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.

Electronic or Written Comments

    If you submit written comments, they should be specific, confined 
to issues pertinent to the proposed regulations, and explain the reason 
for any recommended change(s). We appreciate any and all comments, but 
those most useful and likely to influence decisions on the final 
regulations will be those that either involve personal experience

[[Page 43478]]

or include citations to and analyses of SMCRA, its legislative history, 
its implementing regulations, case law, other pertinent Tribal or 
Federal laws or regulations, technical literature, or other relevant 
publications.
    We cannot ensure that comments received after the close of the 
comment period (see DATES) or sent to an address other than those 
listed above (see ADDRESSES) will be included in the docket for this 
rulemaking and considered.

Public Availability of Comments

    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available in the electronic docket 
for this rulemaking at http://www.regulations.gov. While you can ask us 
in your comment to withhold your personal identifying information from 
public review, we cannot guarantee that we will be able to do so.

IV. Procedural Determinations

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 (Regulatory Planning and 
Review).

Other Laws and Executive Orders Affecting Rulemaking

    When a State submits a program amendment to OSM for review, our 
regulations at 30 CFR 732.17(h) require us to publish a notice in the 
Federal Register indicating receipt of the proposed amendment, its text 
or a summary of its terms, and an opportunity for public comment. We 
conclude our review of the proposed amendment after the close of the 
public comment period and determine whether the amendment should be 
approved, approved in part, or not approved. At that time, we will also 
make the determinations and certifications required by the various laws 
and executive orders governing the rulemaking process and include them 
in the final rule.

List of Subjects in 30 CFR Part 926

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: May 18, 2010.
Allen D. Klein,
Director, Western Region.
[FR Doc. 2010-18231 Filed 7-23-10; 8:45 am]
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