[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
[[Page 64328]]
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),
[[Page 64329]]
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
