Montana Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 926

[SPATS No. MT-018-FOR]

Montana Regulatory Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)

is approving, with additional requirements, a proposed amendment to the

Montana regulatory program (hereinafter, the ``Montana program'') under

the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Montana

proposed revisions to rules pertaining to permit renewals, permit

requirements, and notices of intent to prospect. The amendment was

intended to revise the Montana program to be consistent with the

corresponding Federal regulations and SMCRA, to provide additional

safeguards, clarify ambiguities, and improve operational efficiency.

EFFECTIVE DATE: January 22, 1999.

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

6550; Internet address: [email protected].

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 March 5, 1996, Montana submitted a proposed

amendment to its program (Administrative Record No. MT-15-01) pursuant

to SMCRA (30 U.S.C. 1201 et seq.). Montana submitted the proposed

amendment at its own initiative. The provisions of Administrative Rules

of Montana (ARM) that Montana proposed to revise were: 26.4.410, ARM

(permit renewal); 26.4.1001, ARM (prospecting permit requirement); and

26.4.1001A, ARM (notice of intent to prospect).

OSM announced receipt of the proposed amendment in the April 10,

1996, Federal Register (61 FR 15910), provided an opportunity for a

public hearing or meeting on its substantive adequacy, and invited

public comment on its adequacy (Administrative Record No. MT-15-04).

Because no one requested a public hearing or meeting, none was held.

The public comment period ended on May 10, 1996.

During its review of the amendment, OSM identified concerns at ARM

26.4.1001(1)(a) and 26.4.1001A(1) and (1)(b)(ii) relating to the

removal of more than 250 tons of coal under a notice of intent. OSM

notified Montana of the concerns by letter dated December 6, 1996

(Administrative Record No. MT-15-09).

Montana responded by submitting additional explanatory information

in a letter dated November 6, 1997 (Administrative Record No. MT-15-

12). The explanatory information consisted of a proposed statutory

revision for a separate amendment currently under review by OSM (SPATS

No. MT-017-FOR; Administrative Record No. MT-14-01). Instead of

revising the proposed rules to address OSM's concerns with prospecting

permit requirements and a notice of intent to prospect, Montana

explained that proposed statutory revisions made by the 1997 Montana

legislature to the Montana Code Annotated at 82.4.226(8), MCA, to

require a permit for prospecting when more than 250 tons of coal would

be removed, would resolve OSM's concerns.

Based upon the additional explanatory information for the proposed

program amendment submitted by Montana, OSM reopened the public comment

period in the December 2, 1997, Federal Register (62 FR 63685;

Administrative Record No. MT-15-13). Because no one requested a public

hearing or meeting, none was held. The reopened public comment period

ended on December 17, 1997.

Also being considered in this final approval of SPATS No. MT-018-

FOR (Administrative Record No. MT-15-01) is language from an earlier

submitted

amendment, SPATS No. MT-003-FOR (Administrative Record No. MT-12-01;

dated February 1, 1995) insofar as it relates to the requirements for

prospecting permits and notices of intent to prospect. Montana

originally proposed revisions to ARM 26.4 1001 and proposed to add ARM

26.4 1001A in SPATS No. MT-003-FOR.

Before OSM was able to take action on MT-003-FOR, Montana proposed

further revisions to ARM 26.4.1001 and 26.4.1001A as part of the SPATS

No. MT-018-FOR. Therefore, OSM is considering and taking action on all

revisions to ARM 26.4.1001 and 26.4.1001A as part of SPATS No. MT-018-

FOR, and is removing the proposed revisions from SPATS NO. MT-003-FOR.

Montana agreed to this approach in a telephone conversation on January

23, 1998 (Administrative Record Nos. MT-12-21 and MT-15-14).

The definition of ``substantially disturb'', which was submitted in

the State's February 6, 1996, response (SPATS No. MT-003-FOR;

Administrative Record No. MT-12-19) to OSM's issue letter dated October

17, 1995 (Administrative Record No. MT-12-16), is also being considered

for approval in SPATS No. MT-018-FOR and is being withdrawn from SPATS

No. MT-003-FOR.

III. Director's Findings

As discussed below, the Director, in accordance with SMCRA and 30

CFR 732.15 and 732.17, finds, with additional requirements, that the

proposed program amendments submitted by Montana on March 5, 1996, and

as supplemented with additional explanatory information on November 6,

1997, is no less effective than the corresponding Federal regulations

and no less stringent than SMCRA. Accordingly, the Director approves

the proposed amendment.

1. Nonsubstantive Revisions to Montana's Rules

Montana proposed revisions to the following previously-approved

rules that are nonsubstantive in nature and consist of minor editorial,

grammatical, or recodification changes (corresponding Federal

provisions are listed in parentheses):

26.4.1001, ARM, subsections (1) (codification) and (2) (introductory

text and codification), (30 CFR 772.12), prospecting (coal

exploration) permits.

Because the proposed revisions to these previously-approved rules

are nonsubstantive in nature, the Director

[[Page 3612]]

finds that these proposed Montana rules revisions are no less effective

than the Federal regulations. The Director approves these proposed

rules.

2. Substantive Revisions to Montana's Rules That Are Substantively

Identical to the Corresponding Provisions of the Federal Regulations

Montana proposed to revise its programs by adding the following

rules that are substantive in nature and contain language that is

substantively identical to the requirements of the corresponding

Federal regulation provisions (listed in parentheses).

26.4.1001, ARM, subsection (1)(b), (30 CFR 772.12(a) (in part)),

requirements for prospecting permits;

26.4.1001, ARM, subsection (2)(c), (30 CFR 772.12(b)), requirements

for prospecting permits;

26.4.1001, ARM, subsection (2)(g)(iii)(A) and (C), (30 CFR

772.12(b)), requirements for prospecting permits;

26.4.1001, ARM, subsections (4) and (5), (30 CFR 815.13, 772.13, and

815.1), performance standards applicable to prospecting (coal

exploration) under prospecting permits and requirements to keep the

permit on-site;

26.4.1001A, ARM, subsections (1), (3) (introductory text), (3)(a),

(4) (introductory text), and (4)(a), (30 CFR 772.11(a) (in part) and

(b)), requirements for notices of intent to prospect (conduct coal

exploration); and

26.4.1001A, ARM, subsections (4)(c) (in part), (6), and (7), (30 CFR

772.13 and 815.13), performance standards applicable to prospecting

(coal exploration) under notices of intent and requirement to keep

documents on-site.

Because these proposed Montana rules are substantively identical to

the corresponding provisions of the Federal regulations, the Director

finds that they are no less effective than the Federal regulations. The

Director approves these proposed rules.

3. ARM 26.4301(114), Definition of ``Substantially Disturb''

On February 6, 1996, Montana proposed a definition of

``substantially disturb'' which is substantially similar to the Federal

definition at 30 CFR 701.5, except that it does not include the removal

of more than 250 tons of coal (SPATS No. MT-003-FOR; Administrative

Record No. MT-12-19).

The Federal definition of ``substantially disturb'' at 30 CFR 701.5

provides that anytime an exploration operation removes more than 250

tons of coal, the operation would ``substantially disturb'' the natural

land surface. This would require that performance standards be met, as

the Federal regulations at 30 CFR 815.1 and 772.13(a) provide that the

performance standards therein apply to coal exploration and reclamation

activities which ``substantially disturb'' the natural land surface.

Montana subsequently proposed a statutory revision at MCA 82-4-

226(8) in a response dated November 6, 1997. The revised statute would

require that: (1) prospecting which removes less than 250 tons of coal

is not subject to the prospecting permit requirements of MCA 82-4-226

(1) through (7) (except if conducted on lands unsuitable); and (2)

prospecting conducted to determine the location, quality, or quantity

of a mineral deposit outside an area designated unsuitable, that does

not remove more than 250 tons of coal, and that does not substantially

disturb the natural land surface, is not subject to the prospecting

permit requirements at MCA 82-4-226 (1) through (7) (SPATS No. MT-017-

FOR; Administrative Record No. MT-15-12). These revisions now require

the operator to obtain a permit when more than 250 tons of coal will be

removed or which will take place on lands designated as unsuitable for

surface mining.

The 250 ton limit serves two purposes in the Federal regulations:

(1) it determines when a notice of intent to explore (prospect) may be

allowed, as opposed to when a permit is required (30 CFR 772.11(a) vs.

772.12(a)); and (2) it determines if the performance standards of 30

CFR Part 815 must be met (30 CFR 772.13 and 815.1). Montana's statutory

changes in SPATS No. MT-017, Administrative Record No. Series MT-014-

FOR, satisfactorily accomplish purpose # 1 above. Purpose # 2 above is

addressed at proposed ARM 26.4.1001(5) and 1001A(7) which require all

prospecting, regardless of extent of disturbance (under permits or

notice of intent, respectively), to meet the performance standards of

ARM, Chapter 10. ARM 26.4.1001(5) specifically states that prospecting

operations under a permit are subject to the performance standards of

ARM, Chapter 10. ARM 26.4.1001A(7) states that prospecting operations

under a notice of intent are subject to all the performance standards

of ARM, Chapter 10, except those which relate to a permit, permit

transfer, bonding, and permit renewal. OSM notes that the performance

standards of Chapter 10 are currently being revised in connection with

the program amendment submitted February 1, 1995, as SPATS No. MT-003-

FOR (Administrative Record No. MT-12-01). Based on the above

discussion, the Director is approving the definition of ``substantially

disturb'' at ARM 26.4.1001.

4. ARM 26.4.410, Permit Renewal

Montana proposes to require that an application for permit renewal

be filed at least 240 days, and no more than 300 days, prior to permit

expiration. Both the State and Federal regulations provide a procedural

time period for the involved parties to file an application for permit

renewal prior to the expiration of the valid permit. Section 506(d)(3)

of SMCRA and 30 CFR 774.15(b)(1) only require that such filing shall be

made at least 120 days prior to the expiration of the valid permit. The

Federal requirement, unlike the State's proposal, does not set a limit

on how far in advance an applicant may submit an application for permit

renewal. The State proposal is a procedural requirement which provides

involved parties with similar rights and remedies as those provided by

SMCRA at Section 506(d)(3) and 30 CFR 774.15(b)(1).

The Director finds that the State's proposed revision is no less

stringent than SMCRA and no less effective than the Federal regulations

at 30 CFR 774.15(b)(1). The Director approves the proposed amendment.

Montana has proposed an identical change to its statutes at MCA 82-

4-221(1) which is also under consideration by OSM at this time (SPATS

No. MT-017-FOR; Administrative Record No. MT-14-01). A final Federal

Register notice is being published simultaneously on the statutory

revision.

5. ARM 26.4.1001 and 26.4.1001A, Prospecting

Montana initiated proposed revisions to ARM 26.4.1001 and the

addition of 26.6.1001A in its February 1, 1995, submittal (SPATS No.

MT-003-FOR; Administrative Record No. MT-12-01), in order to implement

the new statutory provision for prospecting under notices of intent

that was approved by OSM on February 1, 1995 (60 FR 6006). On March 5,

1996, Montana submitted further revisions to ARM 26.4.1001 and

26.4.1001A in a new submittal, now the subject of this Federal Register

action (SPATS No. MT-018-FOR; Administrative Record No. MT-15-01). Many

of the proposed revisions or additions are nonsubstantive or are

substantively identical to the corresponding Federal counterparts and

are addressed in Finding Nos. 1 and 2 above. Montana has also proposed

statutory revisions addressing prospecting, which are being considered

in a separate rule making action being published concurrently with this

one.

[[Page 3613]]

a. Proposed Requirements for Prospecting Permits

Montana proposes at ARM 26.4.1001(1) that a prospecting operation

must be conducted under a prospecting permit if it will either: (1) be

conducted on lands designated unsuitable for mining (no matter what the

purpose or scope of the operation); or (2) is intended to collect data

on the minerals (rather than on the environment) and will substantially

disturb the land surface. A proposed statutory provision being

concurrently evaluated (82-4-226(8), MCA; see SPATS No. MT-017-FOR)

also requires that any prospecting operation that removes more than 250

tons of coal must be conducted under a prospecting permit. In sum, a

prospecting permit would be required for any prospecting operation

which: (1) is conducted on lands unsuitable; (2) removes more than 250

tons of coal; or (3) is conducted to collect mineral rather than

environmental data and substantially disturbs the land surface.

The Federal regulations at 30 CFR 772.12(a) similarly require a

coal exploration permit for operations which will be conducted on lands

designated as unsuitable for mining or which will remove more than 250

tons of coal. There is no Federal provision requiring a prospecting

permit for the third class of operations proposed by Montana; however,

OSM believes that requiring prospecting permits for this class of

operations will assist Montana in the effective implementation of its

program. Under 30 CFR 730.11(b), no State rule providing for more

stringent environmental controls shall be found to be inconsistent with

OSM regulations. With the understanding that the proposed statutory

provisions at 82-4-226(8), MCA, is being simultaneously approved, the

Director finds that the proposed rule revisions at ARM 26.4.1001(1) are

no less effective than the Federal requirements at 30 CFR 772.12(a) and

is approving the revisions.

b. Proposed Requirements for Prospecting Under Notice of Intent To

Prospect

Montana proposes at ARM 26.4.1001A(1) that prospecting operations

may be conducted under a notice of intent to prospect (rather than

requiring a prospecting permit) if the proposed prospecting operation:

(1) will not be conducted on lands designated unsuitable for mining;

and either (2), is intended to collect data on the environment (rather

than on the minerals); or (3), is intended to collect data on the

minerals but will not substantially disturb the land surface. A

proposed statutory provision being concurrently evaluated (82-4-226(8),

MCA; see SPATS No. MT-017-FOR) also requires that any prospecting

operation that removes more than 250 tons of coal must be conducted

under a prospecting permit. In sum, a notice of intent to prospect

would be allowed only for those prospecting operations which: (1) are

not conducted on lands unsuitable; (2) remove less than 250 tons of

coal; and (3) are conducted to collect environmental data or, if

conducted to collect mineral data, will not substantially disturb the

land surface.

The Federal regulations at 30 CFR 772.11(a) similarly allow notices

of intent for operations which will not be conducted on lands

designated as unsuitable for mining and which will not remove more than

250 tons of coal (summary items #1 and #2 above). The Federal

regulations do not address the purpose of exploration and hence, do not

address Montana's third class of operations. However, OSM notes that

any of that third class of prospecting operations (those conducted to

obtain mineral data but do not substantially disturb the land surface

and those that collect only environmental data), would be required by

proposed ARM 26.4.1001(1) (discussed under Finding No. 5a above) to

operate under a prospecting permit if they either: (1) occur on lands

unsuitable or, (2) remove more than 250 tons of coal. In the event that

these two rule requirements might be interpreted to conflict, the

proposed statutory provision at MCA 82-4-226(8) (being concurrently

evaluated) clearly limits notices of intent to prospecting that does

not occur on lands unsuitable and that does not remove more than 250

tons of coal; see also the discussion under Finding No. 3 above.

Therefore, under the Montana proposal taken together with the proposed

statutory revision, no prospecting operation could be conducted under a

notice of intent that would, under the Federal requirements, require a

coal exploration permit.

With the understanding that the proposed statutory provision at 82-

4-226(8), MCA, is being simultaneously approved, the Director finds

that the proposed rule additions at ARM 26.4.1001A(1) are no less

effective than the Federal requirements at 30 CFR 772.11(a) and is

approving the revisions.

c. Content Requirements for Notices of Intent to prospect

Montana has proposed several requirements for the contents of

notices of intent; most are approved in Finding No. 2 above. But

Montana has also proposed requirements for which there is no

corresponding Federal provision, particularly at ARM 26.4.1001A(2) and

(3)(b) (information needed for Montana to determine the purpose of the

prospecting and whether it will substantially disturb the land

surface), and ARM 26.4.1001A(4)(b) (reports to be provided to assist

investigations).

OSM notes that the Federal program does not address the purpose of

exploration activities, but believes that these provisions will assist

Montana in the effective implementation of its program. OSM also notes

that under Montana's proposal, all prospecting operations would be

required to meet prospecting performance standards, regardless of their

purpose and whether they substantially disturb the land surface (see

proposed ARM 26.4.1001(5) and 26.4.1001(7) which are approved in

Finding No. 2 above). Therefore the Director finds that these proposed

rule additions do not conflict with any Federal requirements, and

approves the proposed rules.

d. Procedural Requirements for Prospecting Permits and Notices of

Intent

Montana has proposed several requirements for processing notices of

intent and prospecting permits for which there is no corresponding

Federal provision, particularly at ARM 26.4.1001(3) (in part) and

26.4.1001A(2) (in part) (expiration of permit and notice of intent

after one year); and 26.4.1001A(5) (Departmental response to applicant

on notice of intent regarding proposed extent of disturbance).

OSM believes that these provisions will assist Montana in the

effective implementation of its program. OSM also notes that under

Montana's proposal, all prospecting operations would be required to

meet prospecting performance standards, regardless of whether they

substantially disturb the land surface (see proposed ARM 26.4.1001(5)

and 26.4.1001A(7) which are approved in Finding No. 2 above). Therefore

the Director finds that these proposed rule additions do not conflict

with any Federal requirements, and approves the proposed rules.

However, in the course of evaluating this submittal, OSM noted that

proposed ARM 26.4.1001(3) would provide that prospecting permits are

subject to renewal, suspension, and revocation in the same manner as

mining permits; but the proposal would not provide for permit issuance

procedures, which would include such requirements as public review and

[[Page 3614]]

comment, and administrative and judicial appeals. Upon further review,

OSM found that under the Montana program only ``test pit prospecting

permits'' are subject to the permit issuance procedures of Subchapter 4

(see ARM 26.4.401(1)).

The Federal regulations at 30 CFR 772.12(c), (d), and (e), and

772.15, provide for public notice and opportunity to comment on

prospecting permit applications, regulatory authority decisions on such

applications, notice and hearing requirements on the prospecting

applications, and for public availability of permit information. These

Federal requirements apply to all prospecting permits, not just those

that involve surface excavations. Therefore the Director is requiring

Montana to amend its program (at ARM 26.4.401, 26.4.1001, or otherwise)

to provide for permit issuance procedures, including public comment,

administrative and judicial appeal, and public availability of

information, for all prospecting permits.

IV. 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. Federal Agency Comments

Pursuant to 30 CFR 732.17(h)(11)(i), OSM solicited comments on the

proposed amendment from various Federal agencies with an actual or

potential interest in the Montana program.

Three agencies responded that they had no comments: the U.S. Army

Corps of Engineers (April 15, 1997; Administrative Record No. MT-15-

05); the Bureau of Indian Affairs (April 19, 1997; Administrative

Record No. MT-15-07); and the Montana Department of Fish, Wildlife and

Parks (May 10, 1997; Administrative Record No. MT-15-08).

3. Environmental Protection Agency (EPA) Concurrence and Comments

Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to solicit

the written concurrence of EPA with respect to those provisions of the

proposed amendment that relate to air or water quality standards

promulgated under the authority of the Clean Water Act (33 U.S.C. 1251

et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).

Pursuant to 30 CFR 732.17(h)(11)(i), OSM solicited comments on the

proposed amendment from EPA (Administrative Record No. MT-15-03). The

proposed amendment does not concern air quality or water quality, and

EPA did not submit comments.

4. State Historic Preservation Officer (SHPO) and the Advisory Council

on Historic Preservation (ACHP)

Pursuant to 30 CFR 732.17(h)(4), OSM solicited comments on the

proposed amendment from the SHPO and the ACHP (Administrative Record

No. MT-15-03). The SHPO responded on April 19, 1997, that they had no

comments (Administrative Record No. MT-15-06). The ACHP did not

respond.

V. Director's Decision

Based on the above findings, the Director approves, with certain

additional requirements, Montana's proposed amendment as submitted on

March 5, 1996, and as supplemented with additional explanatory

information on November 6, 1997.

The Director approves, as discussed in: Finding No. 3, ARM

26.4.301(114), the definition of substantially disturb; Finding No. 4,

ARM 26.4.410, concerning permit renewals; Finding Nos. 1, 2, 5a and 5d,

ARM 26.4.1001 (except 26.4.1001(3)); and Finding Nos. 2, 5b, 5c, and

5d, ARM 26.4.1001A, concerning notices of intent to prospect.

With the requirement that Montana further revise its program, the

Director approves, as discussed in Finding No. 5d, ARM 26.4.1001(3),

concerning the procedural requirements for prospecting permits.

The Federal regulations at 30 CFR Part 926, codifying decisions

concerning the Montana program, are being amended to implement this

decision. This final rule is being made effective immediately to

expedite the State program amendment process and to encourage States to

bring their programs into conformity with the Federal standards without

undue delay. Consistency of State and Federal standards is required by

SMCRA.

VI. 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 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

[[Page 3615]]

on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 926

Intergovernmental relations, Surface mining, Underground mining.

Dated: December 28, 1998.

Russell F. Price,

Acting 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 926.15 is amended in the table by adding a new entry in

chronological order by ``Date of Final Publication'' to read as

follows:

Sec. 926.15 Approval of Montana regulatory program amendments.

* * * * *

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

Date of final

Original amendment submission date publication Citation/description

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

* * * * * *

*

March 5, 1996...................... January 22, 1999...... ARM 26.4.301(114); 26.4.410; 26.4.1001; and

26.4.1001A.

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

3. Section 926.16 is amended by adding paragraph (l) to read as

follows:

Sec. 936.16 Required program amendments.

* * * * *

(l) By March 23, 1999, Montana shall revise ARM 26.4.1001, ARM

26.4.401, or otherwise modify its program, to provide for public notice

and opportunity to comment on prospecting permit applications,

regulatory authority decisions on such applications, and notice and

hearing requirements on prospecting permit applications, to be no less

effective than 30 CFR 772.12(c), (d), and (e), and 772.15.

[FR Doc. 99-1462 Filed 1-21-99; 8:45 am]

BILLING CODE 4310-05-M