Montana Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 926

[SPATS No. MT-019-FOR]

Montana Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Proposed rule; 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 a proposed amendment to the Montana regulatory

program (hereinafter, the ``Montana program'') under the Surface Mining

Control and Reclamation Act of 1977 (SMCRA). The proposed amendment

consists of Montana's 1998 Vegetation Guidelines which are required by

the Administrative Rules of Montana (ARM) at 26.24.726(1). The

amendment is intended to revise the Montana program to be consistent

with the corresponding Federal regulations.

DATES: Written comments must be received by 4:00 p.m., [m.s.t.]

December 31, 1998. If requested, a public hearing on the proposed

amendment will be held on December 28, 1998. Requests to present oral

testimony at the hearing must be received by 4:00 p.m., [m.s.t.] on

December 16, 1998.

ADDRESSES: Written comments should be mailed or hand delivered to Guy

Padgett, Director, Casper Field Office, 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

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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, Federal Building,

Room 2128, Casper, Wyoming 82601-1918, Telephone: (307) 261-6550

Steve Welch, Chief, Industrial and Energy Minerals Bureau, Montana

Department of Environmental Quality, 1520 E. Sixth Ave., P.O. Box

200901, Helena, MT 59620-0901, Telephone: (406) 444-4964

FOR FURTHER INFORMATION CONTACT: Guy Padgett, Telephone: (307) 261-

6550. Internet address: [email protected]e.gov.

SUPPLEMENTARY INFORMATION:

I. Background on the Montana Program

On April 1, 1980, the Secretary of the Interior conditionally

approved the Montana program. 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.

II. Proposed Amendment

By letter dated November 4, 1998, Montana submitted a proposed

amendment to its program pursuant to SMCRA (30 U.S.C. 1201 et seq.)

(Administrative Record No. MT-16-01). Montana submitted the proposed

amendment in response to a March 29, 1990, letter (Administrative

Record No. MT-6-13) that OSM sent to Montana in accordance with 30 CFR

732.17(c), and in response to a subsequent required program amendment

at 30 CFR 926.16(i). The proposed amendment contains the 1998

Vegetation Guidelines in which Montana proposes to meet the

requirements of ARM 26.4.726(1) regarding acceptable field and

laboratory methods.

Specifically, Montana proposes to address sampling methods by

requiring a range site map with community descriptions, production

sampling, the estimation of percent cover by one of four methods, the

measurement of vegetation density, and documentation of the premine

condition. The Guidelines provide the requirements for reference areas,

as well as the levels of technical standards. Also in the Guidelines is

a list of normal husbandry practices which meet the criteria

established in ARM 17.24.725. Specifications for the grazing management

plan are given. Phase III bond release evaluations are described with

respect to: (1) hypothesis testing for production, cover, and density;

and (2) evaluations not requiring hypothesis testing, such as

diversity, utility, season of use, the 80/60 rule, and predominantly

native composition. Appendix A contains statistical formulas for

determining sample adequacy; Levene's test for homogeneity of

variances; the one-sample, one-sided t test; the one-sided t test for

two independent samples; the one-sample, one-sided sign test; the one-

sided Mann-Whitney test for two independent samples; the Satterthwaite

correction; and data transformation. Appendix B contains a list of

rules addressing vegetation and land use requirements. Appendix C

contains a list of Montana range plants.

III. Public Comment Procedures

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.

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.,

[m.s.t.] December 16, 1998. 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 a 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 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), 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

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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, 1998.

Russell F. Price,

Acting Regional Director, Western Regional Coordinating Center.

[FR Doc. 98-31914 Filed 11-30-98; 8:45 am]

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