Montana Abandoned Mine Land Reclamation (AMLR) Plan

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.

-----------------------------------------------------------------------

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