[Federal Register Volume 88, Number 181 (Wednesday, September 20, 2023)]
[Proposed Rules]
[Pages 64855-64856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20349]



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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 926

[SATS No. MT-043-FOR; Docket ID: OSM-2023-0008 S1D1S SS08011000 
SX064A000 231S180110; S2D2S SS08011000 SX064A000 23XS501520]


Montana Regulatory Program

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

ACTION: Proposed rule; reopening of the public comment period.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE), are reopening the public comment period due to a request for 
an extension of the public comment period to 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). During the 2023 legislative session, the Montana legislature 
passed Senate Bill 392 (SB 392), amending the Montana Strip and 
Underground Mine Reclamation Act (MSUMRA) as well as the Montana Code 
Annotated (MCA). Accordingly, Montana submitted this proposed amendment 
to OSMRE on its own initiative.
    This document gives the times and locations that the Montana 
program and this proposed amendment to the 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 4:00 
p.m., M.D.T, until November 6, 2023.

ADDRESSES: You may submit comments, identified by SATS No. MT-043-FOR, 
by any of the following methods:
     Mail/Hand Delivery: OSMRE, Attn: Jeffrey Fleischman, P.O. 
Box 11018, 100 East B Street, Room 4100, Casper, Wyoming 82602.
     Fax: (307) 261-6552.
     Federal eRulemaking Portal: The amendment has been 
assigned Docket ID: OSM-2023-0007. If you would like to submit 
comments, go to http://www.regulations.gov. Follow the instructions for 
submitting comments.
    We cannot ensure that comments received after the close of the 
comment period (see DATES) or sent to an address other than the ones 
listed above will be included in the docket for this rulemaking and 
considered.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. 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: For access to the docket to review copies of the Montana 
program, this amendment, a listing of any scheduled public hearings or 
meetings, and all written comments received in response to this 
document, you must go to the address listed below during normal 
business hours, Monday through Friday, excluding holidays. You may 
receive one free copy of the amendment by contacting OSMRE's Casper 
Field Office or the full text of the program amendment is available for 
you to read at www.regulations.gov.
    Attn: Jeffrey Fleischman, Field Office Director, Office of Surface 
Mining Reclamation and Enforcement, 100 East B Street, Casper, Wyoming 
82602, Telephone: (307) 261-6550, Email: [email protected].
    In addition, you may review a copy of the amendment during regular 
business hours at the following location:
    Attn: Dan Walsh, Mining Bureau Chief, Coal and Opencut Mining 
Bureau, Department of Environmental Quality, P.O. Box 200901, Helena, 
MT 59601-0901, Telephone: (406) 444-6791, Email: [email protected].

FOR FURTHER INFORMATION CONTACT: Attn: Jeffrey Fleischman, Field Office 
Director, Office of Surface Mining Reclamation and Enforcement, 100 
East B Street, Casper, Wyoming 82602, Telephone: (307) 261-6550, Email: 
[email protected].

SUPPLEMENTARY INFORMATION: On August 7, 2023 (88 FR 52086) we published 
a proposed rule announcing receipt of a program amendment from Montana. 
Under section 1 of SB 392 Montana proposes to add a provision to MCA, 
section 1, for the equal application of court costs to the prevailing 
party in contested case proceedings by a court or administrative agency 
that issues a decision pursuant to Sec.  82-4-2. This proposed section 
allows that a court or administrative agency may award the prevailing 
party reasonable costs of litigation, including filing fees, attorney 
fees, and witness costs. Under this proposal a court or administrative 
agency may not consider the identity of the party when awarding costs. 
The proposal applies equally to all parties in an action and places the 
burden of proof and persuasion for awarding court costs on the 
requesting party. SB 392 does not state where section 1 will be 
codified in the MCA. This will be done by the legislature later; 
however, section 1 will be an integral part of the MCA.
    The proposal amends Sec.  82-4-251(7) and Sec.  82-4-252(5) to 
reference the equal application of court costs in section 1. Sec.  82-
4-251(7), which discusses the awarding of court costs.
    Lastly, SB 392 adds four contingencies to section 1 and the 
proposed amendments to Sec.  82-4-251 and Sec.  82-4-252. The 
contingencies will not be codified into the MCA but apply to section 1 
as proposed and the amended sections of the MCA. Section 4 of SB 392 
contains codification instructions which state that [section 1] is 
intended to be codified as an integral part of Sec.  82-4-2 and the 
provisions of Sec.  82-4-2 apply to [section 1]. Section 5 is a 
severability clause and states that if a part of SB 392 is found to be 
invalid, any part(s) found valid will remain in effect. Section 6 of SB 
392 is an effective date, which states that the act is effective on 
passage and approval. Lastly, section 7 of SB 392 is an applicability 
clause, which states that SB 392 applies to court actions filed on or 
after the effective date of SB 392.
    By letter dated August 18, 2023 (FDMS Document ID No. OSM-2023-
0008-0008), multiple conservation groups sent us a letter requesting an 
extension of the public comment period. The conservation groups cited 
the controversial nature of the amendment, technical difficulties 
accessing the comment page, and scheduling difficulties around a Public 
Holiday, as reasons why OSMRE should grant an extension on the comment 
period. OSMRE reviewed the request for an extension of the public 
comment period and agree that the controversial nature of the amendment 
affords the public more time to submit the fullest and most 
comprehensive comments possible. The full text of the program amendment 
is available for you to read at the locations listed above under 
ADDRESSES.

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 State program.

Electronic or Written Comments

    If you submit written or electronic comments on the proposed rule 
during the 30-day comment period, they should be specific, confined to 
issues pertinent to the proposed regulations, and explain the reason 
for any recommended

[[Page 64856]]

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 or include citations to 
and analyses of SMCRA, its legislative history, its implementing 
regulations, case law, other pertinent State 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 (see ADDRESSES) will be included in the docket for this 
rulemaking and considered.

Public Availability of Comments

    Before including your address, phone number, email 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 at any time. 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.

List of Subjects in 30 CFR Part 926

    State regulatory program approval, State-Federal cooperative 
agreement, required program amendments.

David A. Berry,
Regional Director, Unified Regions 5, 7-11.
[FR Doc. 2023-20349 Filed 9-19-23; 8:45 am]
BILLING CODE 4310-05-P