[Federal Register Volume 60, Number 138 (Wednesday, July 19, 1995)]
[Rules and Regulations]
[Pages 36998-37002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17715]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 926
Montana Abandoned Mine Land Reclamation (AMLR) Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: OSM is approving a proposed amendment to the Montana AMLR plan
(hereinafter referred to as the ``Montana plan'') under the Surface
Mining Control and Reclamation Act of 1977 (SMCRA). Montana proposed
the addition of new provisions to its AMLR plan that concern the
reclamation of interim program and bankrupt surety bond forfeiture coal
sites, future set-aside funds and an acid mine drainage program, and
water treatment supply replacement project requirements. Montana also
included in this amendment updated policies and procedures concerning
purchasing, equal opportunity in employment, Americans With
Disabilities Act, compliance with the National Oil and Hazardous
Substances Contingency Plan, and coordination and consultation with
other State and Federal agencies. The amendment is intended to
incorporate the additional flexibility afforded by SMCRA, as amended by
the Abandoned Mine Reclamation Act of 1990 (Pub. L. 101-508), and to
improve operational efficiency.
EFFECTIVE DATE: July 19, 1995.
FOR FURTHER INFORMATION CONTACT: Guy Padgett, Casper Field Office,
Telephone: (307) 261-5776.
SUPPLEMENTARY INFORMATION:
I. Background on Title IV of SMCRA
Title IV of SMCRA established an AMLR program for the purposes of
reclaiming and restoring lands and waters adversely affected by past
mining. The program is funded by a reclamation fee levied on the
production of coal. Generally, lands and waters eligible for
reclamation under Title IV are those that were mined or affected by
mining and abandoned or inadequately reclaimed prior to August 3, 1977,
and for which there is no continuing reclamation responsibility under
State, Federal, or other laws. Lands and waters abandoned or
inadequately reclaimed after August 3, 1977, are also eligible for
reclamation under provisions at sections 402(g)(4) and 404 of SMCRA.
Title IV provides for State submittal to OSM of an AMLR plan. The
Secretary of the Interior adopted regulations at 30 CFR 870 through 888
that implement Title IV of SMCRA. Under these regulations, the
Secretary reviewed the plans submitted by States and solicited and
considered comments of State and Federal agencies and the public. Based
upon the comments received, the Secretary determined whether a State
had the ability and necessary legislation to implement the provisions
of Title IV. After making such a determination, the Secretary decided
whether to approve the State program. Approval granted the State
exclusive authority to administer its plan.
Upon approval of a State plan by the Secretary, the State may
submit to OSM, on an annual basis, an application for funds to be
expended by that State on specific projects that are necessary to
implement the approved plan. Such annual requests are reviewed and
approved by OSM in accordance with the requirements of 30 CFR part 886.
[[Page 36999]]
II. Background on the Montana Plan
On November 24, 1980, the Secretary of the Interior approved the
Montana plan. General background information, including the Secretary's
findings, the disposition of comments, and the approval of the Montana
plan can be found in the November 24, 1980, Federal Register (45 FR
70445). Subsequent actions concerning Montana's plan and plan
amendments can be found at 30 CFR 926.25.
III. Proposed Amendment
By letter dated March 22, 1995 (administrative record No. MT-AML-
01), and memorandum dated April 5, 1995 (administrative record No. MT-
AML-02), Montana submitted a proposed amendment to its AMLR plan
pursuant to SMCRA. Montana submitted the proposed amendment at its own
initiative to provide for the implementation of several initiatives
established under the Abandoned Mine Reclamation Act of 1990 (Pub. L.
101-508). Montana proposed to revise its AMLR plan to allow abandoned
mine reclamation funds to be used to reclaim interim program sites and
insolvent surety coal mine sites meeting certain criteria where
available funds are insufficient to provide for adequate reclamation or
abatement at such site. Montana also proposed the addition of new
provisions to allow setting aside up to 10 percent of the annual
abandoned mine reclamation grants made to Montana to provide for
restoration of eligible lands and waters after expiration of the
Federal abandoned mine land program and implementation of an acid mine
drainage program. Finally, Montana proposed to limit the expenditure of
its allocated AMLR funds up to 30 percent for the purpose of
protecting, repairing, replacing, constructing, or enhancing facilities
relating to water supply, including water distribution facilities and
treatment plants, and to replace water supplies adversely affected by
past mineral mining practices. The amendment also contains updated
policies and procedures concerning purchasing, equal opportunity in
employment, Americans With Disabilities Act, compliance with the
National Oil and Hazardous Substances Contingency Plan, and
coordination and consultation with other State and Federal agencies.
OSM announced receipt of the proposed amendment in the April 25,
1995, Federal Register (60 FR 20251), provided an opportunity for a
public hearing or meeting on its substantive adequacy, and invited
public comment on its adequacy (administrative record No. MT-AML-013).
Because no one requested a public hearing or meeting, none was held.
The public comment period ended on May 25, 1995.
IV. Director's Findings
As discussed below, the Director, in accordance with SMCRA and 30
CFR 884.14 and 884.15, finds that the proposed Montana plan amendment
as submitted by Montana on March 22, and April 5, 1995, is consistent
with SMCRA and is in compliance with the corresponding Federal
regulations at 30 CFR subchapter R. Thus, the Director approves the
proposed amendment.
1. New Initiatives Submitted in Response to the Abandoned Mine
Reclamation Act of 1990
a. Reclamation of Interim Program and Bankrupt Surety Coal Sites.
Montana proposed to revise its AMLR plan by adding new language to
provide--
(B) [a]bandoned coal mine sites mined after August 3, 1977,
where bonds have been forfeited, may now be eligible for funding, if
the Department [of Environmental Quality (DEQ), formerly the
Department of State Lands (DSL)] makes either of the following
findings:
(1) [t]he coal mining operation occurred during the period
beginning on August 4, 1977, and ending on or before April 1, 1980,
the date in which the Secretary [of the Interior] approved Montana's
program pursuant to section 503 [of SMCRA], and funds for
reclamation or abatement which are available pursuant to a bond or
other form of financial guarantee or from any other source are not
sufficient to provide for adequate reclamation or abatement at the
site; or,
(2) [t]he coal mining operation occurred during the period
beginning on August 4, 1977, and ending on or before November 5,
1990, the date of enactment of P.L. 101-508 [the Abandoned Mine
Reclamation Act of 1990], and the surety of such mining operator
became insolvent during such period, and funds immediately available
from proceedings relating to such insolvency, or from any financial
guarantee or other source are not sufficient to provide for adequate
reclamation or abatement at the site.
[i]n determining which sites to reclaim, the Department shall
follow the priorities stated in paragraphs (1) and (2) of Section
403 (a) of P.L. 95-87[SMCRA]. The Department shall ensure that
priority is given to those sites which are in the immediate vicinity
of a residential area or which have an adverse economic impact upon
the community. As per the conditions of Montana's Certification of
Completion of Coal Reclamation of Coal-Related Impacts (Federal
Register July 9, 1990) [see 55 FR 28022; July 9, 1990] if a site is
determined to be eligible under this initiative it must be reclaimed
ahead of eligible non-coal projects.
At Section A, I(B)(1), Montana's proposed language cites April 1,
1990, as the date the Secretary approved Montana's regulatory program.
Elsewhere in this amendment this date is correctly cited as April 1,
1980.
Section 402(g)(4) of SMCRA and the implementing Federal regulations
at 30 CFR 874.12 (d) and (e) provide similar restrictions concerning
the reclamation and abatement of interim program and bankrupt surety
board forfeiture coal sites. According to the Federal requirements,
such sites must have been mined for coal or affected by coal mining
processes and the site was left in either an unreclaimed or
inadequately reclaimed condition (1) between August 4, 1977, and the
date on which the Secretary of the Interior approved a State's
regulatory program pursuant to section 503 of SMCRA, and any funds
pursuant to a bond or other financial guarantee or from any other
source that would be available for reclamation and abatement are not
sufficient to provide for adequate reclamation or abatement at the
site, or (2) between August 4, 1977, and November 5, 1990, and the
surety of the mining operator became insolvent during such period, and
as of November 5, 1990, funds immediately available from proceedings
relating to such insolvency or from any financial guarantee or other
source are not sufficient to provide for adequate reclamation or
abatement at the site. In addition, to qualify for reclamation or
abatement, such sites must be either priority 1 or 2 sites pursuant to
section 403(a) (1) and (2) of SMCRA. Priority will be given to those
sites in the immediate vicinity of a residential area or which have an
adverse economic impact upon a community.
The proposed language for reclamation and abatement of interim
program and bankrupt surety bond forfeiture sites to be added to the
Montana plan contains the same requirements as the counterpart Federal
requirements at section 402(g)(4) of SMCRA and 30 CFR 870.12(d) and
(e). Therefore, the Director finds that the proposed AMLR plan
provisions are consistent with the counterpart Federal provisions. The
Director approves the addition to the Montana AMLR Plan of the
provisions concerning reclamation of interim program and bankrupt
surety bond forfeiture site.
b. Set-Aside Program. Montana proposed to revise its AMLR plan by
adding new language to provide--
C. [a]cid mine drainage (AMD) projects may now be eligible for
funding. Montana may receive and retain up to 10 percent of the
total of the grants made annually to Montana where such amounts are
deposited into an acid mine drainage abatement and
[[Page 37000]]
treatment fund for use at eligible qualified hydrologic units.
In addition, in conjunction with the specific language concerning
establishment of a separate fund to address acid mining drainage
problems, Montana expanded its initiative concerning set-aside programs
to allow for the use of up to 10 percent of the funds received by
Montana under section 402(g)(1) of SMCRA to establish a special trust
fund, where such funds together with the interest earned on the monies
deposited to the fund, may be expended to achieve the priorities stated
in section 403(a) after September 30, 1995.
Section 402(g) (6) and (7) of SMCRA and the implementing Federal
regulations at 30 CFR Parts 873 and 876 provide similar requirements
and procedures for the creation of a special account, together with the
interest earned on the account, whereby a State or Tribe can set-aside
up to 10 percent of the total of the grants made annually to such State
or Tribe in either (1) a special trust fund established to achieve the
priorities of section 403(a) of SMCRA after September 30, 1995, or (2)
an acid mine drainage abatement and treatment (AMD) fund established to
implement, in consultation with the National Resource Conservation
Service [formerly the Soil Conservation Service], AMD plans approved by
OSM.
The language concerning creation of a set-aside program proposed to
be added to the Montana plan provides similar requirements as those
provided in the counterpart Federal program at section 402(g) (6) and
(7) of SMCRA and 30 CFR Parts 873 and 876. Therefore, the Director
finds that the proposed AMLR plan provisions are consistent with the
counterpart Federal provisions. The Director approves the addition to
the Montana AMLR Plan of the provisions concerning set-aside programs.
c. Water Supply Facilities and Water Replacement Provisions.
Montana proposed to revise its AMLR plan by adding new language to
provide--
D. Montana may expend up to 30 percent of funds allocated in any
year through grants made available under paragraph (1) of Section
402(g) [of SMCRA] for the purpose of protecting, repairing,
replacing, constructing, or enhancing facilities relating to water
supply, including water distribution facilities and treatment
plants, to replace water supplies adversely affected by coal mining
practices.
Section 403(b)(1) of SMCRA and the implementing regulations at 30
CFR 874.14(a) provide that States or Tribes not certified to the
completion of coal reclamation may expend up to 30 percent of the funds
made available under sections 402(g) (1) and (5) of SMCRA to such State
or Tribe for the purpose of protecting, repairing, replacing,
constructing, or enhancing facilities relating to water supply,
including water distribution facilities and treatment plants, to
replace water supplies adversely affected by coal mining practices.
Under section 411 of SMCRA, where a State has certified to the
completion of coal reclamation, there is no restriction placed on the
funds used to address water supply facilities and water replacement.
Montana certified to completion of all coal-related problems in the
July 9, 1990, Federal Register (55 FR 28022). Therefore, the Director
finds the proposed language to be added to Montana's plan concerning
the limitation placed on funds used to replace water supplies adversely
affected by coal mining practices is not inconsistent with section
403(b)(1) of SMCRA and 30 CFR 874.14(a). The Director approves the
addition to the Montana AMLR Plan of the provisions concerning water
replacement.
2. Administration and Management
Montana is adding Exhibit A to its plan to reflect changes in the
organizational structure of the Montana DSL (now DEQ). The Federal
regulations at 30 CFR 884.13(d)(1) require a State to provide a
description of the administrative and management structure, including
the organization of the designated agency conducting the State's
reclamation program. The Director finds Montana's organizational
changes to be consistent with the provisions of 30 CFR 884.13(d)(1) and
approves the State's organization chart.
3. Policies and Procedures
With this amendment, Montana is clarifying its policies and
procedures related to coordination with other agencies at Section A,
III. Specifically, this section provides that the Montana DEQ consults
and coordinates with Federal, State, and local agencies during project
planning in order to insure compliance with environmental rules and
regulations. Montana provided a list of critical elements requiring
coordination. Agencies with which the Montana DEQ will consult include
the State Historic Preservation Office, the Water Quality Bureau of the
Montana Department of Health and Environmental Sciences, U.S. Army
Corps of Engineers, local government planning offices and commissions,
the Montana State Library Natural Resources Information System, U.S.
Fish and Wildlife Service, the Montana Department of Fish, Wildlife,
and Parks, U.S. Natural Resource Conservation Service, U.S. Forest
Service, and the Bureau of Land Management.
The Federal regulations at 30 CFR 884.14(d)(1) require a State to
provide a description of the relationship of the designated agency
conducting the State's reclamation program to other State organizations
or officials that will participate in or augment the designated
agency's reclamation capacity.
In addition, Montana provides that the Montana DEQ will comply with
the National Oil and Hazardous Substances Pollution Contingency Plan
(NCP) when undertaking response actions on sites where the potential
exists for the release of hazardous substances and pollutants.
Montana's proposed language provides an explanation of the benefits of
complying with the NCP and references NCP Section 300.430, which
requires a detailed analysis of alternatives using distinct criteria
divided into separate consideration categories.
The Director finds Montana's proposed addition of language to its
AMLR plan that (1) Clarifies the required consultation and coordination
between DEQ and the various State, Federal, and local agencies and
governments to ensure compliance with environmental rules and
regulations, and (2) requires compliance with NCP is consistent with 30
CFR 884.14(d)(1). The Director approves the addition of this section to
Montana's AMLR plan.
4. Additional Contents of Montana's 1995 AMLR Plan Amendment
Exhibits B, C, and D of Montana's 1995 AMLR Plan amendment contain
updates on policies and procedures concerning a supplemental legal
opinion, equal employment policy and rules, handicapped person's
preference rules, Americans With Disabilities Act transition plan with
updates, and purchasing rules. These exhibits provide references to the
following information pertaining to the Montana plan in general:
a. A designation by the Governor of the State that the Montana DSL
(now DEQ) is the designated agency authorized to administer the State's
reclamation program;
b. A legal opinion from the State Chief Legal Counsel that the
designated agency has the authority under State law to conduct the
Montana AMLR program in accordance with Title IV of SMCRA;
c. A description of the policies and procedures to be followed by
the designated agency in conducting the reclamation program;
d. A description of the administrative and management structure to
be used in
[[Page 37001]]
conducting the reclamation program; and
e. A general description of the reclamation activities to be
conducted under the Montana reclamation plan;
Montana submitted these discussions to satisfy each of the
requirements of 30 CFR 884.13. The Director finds that Exhibits B, C,
and D satisfy the requirements of and are consistent with the Federal
regulations at 30 CFR 884.13. The Director approves Exhibits B, C, and
D of Montana's AMLR plan.
V. Summary and Disposition of Comments
Following are summaries of all substantive written comments on the
proposed amendment that were received by OSM, and OSM's responses to
them.
1. Public Comments
OSM invited public comments on the proposed amendment, but none
were received.
2. Agency Comments
Pursuant to 30 CFR 884.15(a) and 884.14(a)(2), OSM solicited
comments on the proposed amendment from various Federal agencies with
an actual or potential interest in the Montana plan (administrative
record No. MT-AML-03).
a. U.S. Bureau of Mines (BOM). BOM, Washington, D.C., responded on
April 19, 1995, that its Division of Environmental Technology reviewed
the amendment and had no comments to provide (administrative record No.
MT-AML-08).
BOM, Western Field Operations Center, located in Spokane,
Washington, responded on May 3, 1995, that it had reviewed the proposed
amendment (administrative record No. MT-AML-011). BOM stated that it
appeared that the amendment would allow Montana to redirect funds from
non-coal reclamation to coal-related reclamation in a consistent,
predictable manner. BOM stated further that, although SMCRA funds are
intended primarily for coal-related reclamation, and the amendment
supports that objective, some funds should probably continue to be
spent on environmental problems at hardrock mine sites.
b. U.S. Bureau of Indian Affairs (BIA). BIA responded on April 25,
1995, that it had reviewed the subject amendment, and had no problem
with the concept (administrative record No. MT-AML-010). However, BIA
pointed out in its response that the ``set-aside'' funds should be
available for on-reservation, as well as off-reservation, use when the
need arises. OSM responds that funds collected from coal mined on
Montana State lands are distributed to the State of Montana as State-
share AMLR funds, while funds collected from coal mined on Indian lands
are distributed to the appropriate Indian tribes. Montana's State-share
funds would be available for use by Montana for reclamation activities
on State lands. OSM administers the Federal program for surface coal
mining and reclamation operations on Indian lands and provides through
the Federal program funding for reclamation activities on Indian lands.
c. U.S. Army Corps of Engineers. By letter dated May 9, 1995, the
U.S. Army Corps of Engineers stated that it reviewed the proposed
amendment and found it to be satisfactory (administrative record No.
MT-AML-012).
d. Environmental Protection Agency (EPA) Concurrence and Comments.
OSM solicited EPA's concurrence and comments on the proposed amendment
(administrative record No. MT-AML-04). EPA did not respond to OSM's
request.
e. Montana State Historic Preservation Officer (SHPO) and the
Advisory Council on Historic Preservation (ACHP). OSM solicited
comments on the proposed amendment from the SHPO and the ACHP
(administrative record No. MT-AML-03). ACHP did not respond to OSM's
request. The SHPO responded on April 24, 1995 (administrative record
No. MT-AML-09), that it understood the ``Policy and Procedures''
section of the proposed amendment to require that Montana DSL (now DEQ)
will coordinate OSM consultation responsibilities with the Montana SHPO
for section 106 of the National Historic Preservation Act of 1966
(NHPA) review. OSM notes that the language at Section A, III(A)(1)
concerning ``Policies and Procedures'' requires the Montana DEQ to
consult and coordinate with Federal, State, and local agencies during
project planning in order to insure compliance with environmental rules
and regulations and that NHPA is included in the list of critical
elements requiring consultation (see finding No. 3).
The SHPO further stated that under section 106 of NHPA, OSM may use
the services of the Montana DEQ to prepare necessary information, but
OSM remains responsible for section 106 compliance. OSM concurs that in
accordance with section 106 of NHPA, and absent any agreements to the
contrary between OSM, the Montana SHPO, and the ACHP, OSM is the agency
responsible for section 106 consultation in Montana.
The specific language at Section A, III(A)(1) in the proposed
amendment requires that consultation under NHPA is with the Montana
SHPO. OSM interprets this to mean that for Montana's AMLR program,
Montana DEQ will consult with the Montana SHPO to the extent that DEQ
has a role in the consultation process. As required under 30 CFR
884.14(d)(1), a State must provide a description of the relationship of
the designated agency conducting the State's reclamation program to
other State organizations or officials that will participate in or
augment the designated agency's reclamation capacity. Accordingly, OSM
reviewed the ``Policies and Procedures'' section of the proposed
amendment in the context of the requirements at 30 CFR 884.14(d)(1) and
determined that the consultation with the SHPO describes a specific
relationship between the Montana DEQ and another State agency that will
participate in or augment the capacity of the Montana DEQ in
implementing Montana's AMLR program. OSM still remains responsible for
consultation with the SHPO and ACHP under section 106 of NHPA.
Therefore, in response to this comment, the Director requires no
further changes to Montana's plan.
f. Mine Safety and Health Administration (MSHA). MSHA stated in its
response dated June 2, 1995, that MSHA personnel had reviewed the
amendment and it did not appear to conflict with any current MSHA
regulations (administrative record No. MT-AML-16).
VI. Director's Decision
Based on the above findings, the Director approves Montana's
proposed plan amendment as submitted on March 22 and April 5, 1995. The
Director is also taking this opportunity to (1) provide an effective
date for the approval of the Montana plan at 30 CFR 926.20, (2) change
the name of the designated regulatory authority in Montana and correct
the codification of the paragraphs within section 30 CFR 926.20 for the
locations of the publicly available copies of the Montana plan, and (3)
add a new section at 30 CFR 926.25 for amendments to the Montana plan.
As discussed in finding No. 1, the Director approves the provisions
concerning (1) reclamation of interim program and bankrupt surety coal
sites, (2) a set-aside program, and (3) water supply facilities and
water replacement proposed to be added to Montana's AMLR Plan.
As discussed in finding No. 2, the Director approves Exhibit A
concerning
[[Page 37002]]
the administration and management of Montana's reclamation program.
As discussed in finding No. 3, the Director approves the policies
and procedures concerning consultation and coordination by the
designated agency in administering Montana's AMLR program.
As discussed in finding No. 4, the Director approves Exhibits B, C,
and D as additions to Montana's AMLR Plan.
The Director approves the proposed revisions of the Montana plan
with the provision that they be fully promulgated in identical form to
the plan amendment submitted to and reviewed by OSM and the public.
The Federal regulations at 30 CFR Part 926, codifying decisions
concerning the Montana plan, are being amended to implement this
decision. This final rule is being made effective immediately to
expedite the State plan amendment process and to encourage States to
bring their plans into conformity with the Federal standards without
undue delay. Consistency of State and Federal standards is required by
SMCRA.
VII. 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 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 AMLR plans and revisions
thereof since each such plan is drafted and promulgated by a specific
State, not by OSM. Decisions on proposed State AMLR 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
agency decisions on proposed State AMLR 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 which is the subject of this rule is based upon
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
established by SMCRA or 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 in the analyses for the
corresponding Federal regulations.
List of Subjects in 30 CFR Part 926
Intergovernmental relations, Surface mining, Underground mining.
Dated: July 13, 1995.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
For the reasons set out in the preamble, Title 30, Chapter VII,
Subchapter T of the Code of Federal Regulations is amended as set forth
below:
PART 926--MONTANA
1. The authority citation for Part 926 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 926.20 is revised to read as follows:
Sec. 926.20 Approval of Montana Abandoned Mine Land Reclamation Plan.
The Montana Abandoned Mine Land Reclamation Plan, as submitted on
June 16, 1980, and as revised on July 28, 1980, is approved effective
November 24, 1980. Copies of the approved plan are available at:
(a) Montana Department of Environmental Quality, 1625 Eleventh
Avenue, Helena, MT 59620-1601.
(b) Office of Surface Mining Reclamation and Enforcement, Casper
Field Office, 100 East B Street, Room 2128, Casper, WY 82601-1918.
3. Section 926.25 is added to read as follows:
Sec. 926.25 Approval of abandoned mine land reclamation plan
amendments.
(a) The Montana AMLR Plan amendment, as submitted to OSM on April
20, 1983, and as revised on June 15, 1983, is approved effective
September 19, 1983.
(b) Certification by Montana of completion of all known coal-
related impacts, as submitted to OSM on December 27, 1989, is accepted
effective July 9, 1990.
(c) The Montana AMLR Plan amendment, as submitted to OSM on March
22 and April 5, 1995, is approved effective July 19, 1995.
[FR Doc. 95-17715 Filed 7-18-95; 8:45 am]
BILLING CODE 4310-05-M
