Montana Regulatory Program and Abandoned Mine Land Reclamation Plan

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

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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),

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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]

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