[Federal Register Volume 60, Number 107 (Monday, June 5, 1995)]
[Proposed Rules]
[Pages 29521-29523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13665]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 926
Montana Regulatory Program and Abandoned Mine Land Reclamation
Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: OSM is announcing receipt of a 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 proposed amendment consists of revisions to statutes
pertaining to the designation of the Montana State Regulatory Authority
and reclamation agency under SMCRA, statutory definitions including
those of ``prospecting'' and ``prime farmland,'' revegetation success
criteria for bond release, prospecting under notices of intent, and
permit renewal. 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.d.t., July 5,
1995. If requested, a public hearing on the proposed amendment will be
held on June 30, 1995. Requests to present oral testimony at the
hearing must be received by 4:00 p.m., m.d.t., on June 20, 1995.
ADDRESSES: Written comments should be mailed or hand delivered to Guy
Padgett at the address listed below.
Copies of the Montana program, the Montana plan, 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.
Gary Amestoy, Administrator, Montana Department of State Lands,
Reclamation Division, Capitol Station, 1625 Eleventh Avenue, Helena,
Montana 59620, (406) 444-2074.
FOR FURTHER INFORMATION CONTACT: Guy V. 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 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 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. [[Page 29522]]
On October 24, 1980, the Secretary of the Interior conditionally
approved the 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 and plan pursuant to SMCRA (30 U.S.C. 1201 et
seq.) (Administrative Record No. MT-14-01). Montana submitted the
proposed amendment in response to the required program amendments at 30
CFR 926.16 (f) and (g), and at its own initiative. The provisions of
the Montana Code Annotated (MCA) that Montana proposes to revise are:
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 (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); and 82-4-254, MCA (violation; penalty; waiver).
Specifically, Montana proposes the following revisions:
1. Redesignation of regulatory authority and reclamation agency under
SMCRA.
The Montana Legislature has enacted Senate Bill 234 to reorganize
the environmental and natural resources functions of the State
government, including eliminating the Department of State Lands and
creating the Department of Environmental Quality, and transferring the
powers of the Board of Land Commissioners, except rulemaking authority,
to the Department of Environmental Quality. Montana proposes to
implement these changes with the following proposed revisions: revise
the definition of ``Board'' at 82-4-203(6), MCA, to mean the board of
environmental review instead of the board of land commissioners; delete
the definition of ``Commissioner'' at 82-4-203(10), MCA; revise and
recodify the definition of ``Department'' at 82-4-203(13), MCA, to mean
the department of environmental quality instead of the department of
state lands; revise Section 82-4-204, MCA, by deleting subsections (1),
(2), and (4) which provide for the board to issue orders and hold
hearings, and adding a new subsection providing that the board may
adopt rules with respect to filing of reports, issuance of permits,
monitoring, and other matters of procedure and administration; and
revise Section 82-4-205, MCA, to provide for the administration of the
Montana Strip and Underground Mine Reclamation Act (SUMRA) by the
department of environmental quality instead of the department of state
lands, and add provisions for the department to issue orders and
conduct hearings. Additionally, Montana proposes in many other sections
to replace references to ``the board'' (of state land commissioners)
with references to ``the department'' (of environmental quality), to
delete references to ``the commissioner'' (of state lands), or replace
references to ``the commissioner'' (of state lands) with references to
``the director of the department'' (of environmental quality); these
proposed revisions are located at: 82-4-223 (2) and (3), 82-4-226(8),
82-4-227(3)(b)(i), 82-4-231 (9) and (1)(f), 82-4-232(7), 82-4-239(1),
(2), (3), and (6) 82-4-240, 82-4-242, 82-4-254 (1), (2), and (3), MCA.
Additionally, at Section 82-4-251, MCA, Montana proposes to replace
references to ``the commissioner [of state lands] or an authorized
representative'' with references to ``the director of the department
[of environmental quality] or an authorized representative.''
2. Revegetation criteria for bond release.
Montana proposes, in Senate Bill 365, to revise Section 82-4-235,
MCA, to provide that: for land that was seeded using a seed mix that
included a substantial component of introduced species approved by the
regulatory authority, and on which the revegetation otherwise meets the
requirements of 82-4-233(1), MCA, approval of revegetation for release
of bond may not be withheld on the basis that introduced species
compose a major or dominant component. Montana further proposes to add
a new subsection providing that on land affected by coal mining only
prior to May 3, 1978, the department may approve bond release on an
area meeting the following criteria: (1) It was seeded using a seed mix
approved by the department that included introduced species, and (2) at
least one of the following conditions exist: the standards of 82-4-
233(1) are otherwise met; the operator has demonstrated substantial
usefulness of the revegetation for grazing; the operator demonstrates
that the revegetation has substantial value as a habitat component for
wildlife; or the area is suitable for conversion to cropland or
hayland, and the department approves and the operator completes the
conversion. The new subsection would further provide that on such
lands, interseeding or supplemental planting may be performed without
reinitiating the revegetation liability period.
3. Prospecting definition and notices of intent to prospect.
Montana proposes, in House Bill 162, to revise the definition of
``prospecting'' at 82-4-203(26), MCA, so that it would mean either: (1)
The gathering of surface or subsurface geologic, physical, or chemical
data by mapping, trenching, geophysical, or other techniques necessary
to determine the quality and quantity of overburden in an area or the
location, quantity, or quality of a natural mineral deposit; or (2) the
gathering of environmental data to establish the conditions of an area
before beginning mining operations. Montana further proposes to revise
82-4-226(8), MCA, by adding a provision that prospecting that is
conducted to determine the location, quality, or quantity of a natural
mineral deposit and that does not substantially disturb the natural
land surface is not subject to the requirements for prospecting
permits, but is subject to the requirements for filing a notice of
intent to prospect.
4. Renewal of permits.
Montana proposes, in House Bill 162, to revise 82-4-221(1), MCA, to
change the deadlines for filing permit renewal applications. The
proposed revision would require that renewal applications be filed at
least 240 days, but not more than 300 days, prior to the renewal date.
5. Definition of ``prime farmland.''
Montana proposes, in Senate Bill 234, to revise and recodify the
definition of ``prime farmland'' at 82-4-203(25), MCA. Under the
proposal, ``prime farmland'' would mean land that meets the criteria
for prime farmland prescribed by the United States Secretary of
Agriculture in the Federal Register and which historically has been
used for intensive agricultural purposes. [[Page 29523]]
6. Editorial revisions.
In all of the sections cited above, Montana proposes numerous
editorial revisions.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), 884.14, and
884.15(a), OSM is seeking comments on whether the proposed amendment
satisfies the applicable program approval criteria of 30 CFR 732.15 and
884.14. If the amendment is deemed adequate, it will become part of the
Montana program and Montana plan.
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., mdt,
on June 20, 1995. 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 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 Review).
2. Executive Order 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 (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 State 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. Decisions
on proposed State abandoned mine land reclamation plans and revisions
thereof submitted by a State are based on a determination of whether
the submittal meets the requirements of Title IV of SMCRA (30 U.S.C.
1231-1243) and the applicable Federal regulations at 30 CFR Parts 884
and 888.
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 of 1969 (42 U.S.C.
4332(2)(C)). Also, agency decisions on proposed State abandoned mine
land reclamation plans and revisions thereof are categorically excluded
from compliance with the National Environmental Policy Act (42 U.S.C.
4332) by the Manual of the Department of the Interior (516 DM 6,
appendix 8, paragraph 8.4B(29)).
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.
List of Subjects in 30 CFR Part 926
Intergovernmental relations, Surface mining, Underground mining.
Dated: May 30, 1995.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 95-13665 Filed 6-2-95; 8:45 am]
BILLING CODE 4310-05-M
