[Federal Register Volume 65, Number 186 (Monday, September 25, 2000)]
[Proposed Rules]
[Pages 57583-57585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24580]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 926
[SPATS No. MT-020-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: The 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). Montana proposed revisions
to, and additions of statutes about, the definition of what constitutes
a mine operator, the notice requirements for alternate reclamation
plans; the use of introduced species on lands mined, disturbed, or
redisturbed after May 2, 1978, and reseeded prior to January 1, 1984; a
new statute section concerning subsidence; and other editorial
revisions. Montana intends to revise its program to be consistent with
SMCRA, provide additional safeguard, clarify ambiguities, and improve
operational efficiency.
DATES: We will accept written comments on this amendment until 4 p.m.,
m.d.t. October 25, 2000. If requested, we will hold a public hearing on
the amendment on October 20, 2000. We will accept requests to speak
until 4 p.m., m.d.t. on October 10, 2000.
ADDRESSES: You should mail, hand deliver, or e-mail written comments
and requests to speak at the hearing to Guy Padgett at the address
listed below.
You may review copies of the Montana program, this amendment, a
listing of any scheduled public hearings, and all written comments
received in response to this document at the addresses listed below
during normal business hours, Monday through Friday, excluding
holidays. You may receive one free copy of the 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:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Montana Program.
II. Description of the Proposed Amendment.
III. Public Comment Procedures.
IV. Procedural Determinations.
I. Background on the Montana Program
On April 1, 1980, the Secretary of the Interior conditionally
approved the Montana program. You can find background information on
the Montana program, including the Secretary's findings, the
disposition of comments, and conditions of approval of the Montana
program in the April 1, 1980, Federal Register (45 FR 21560). You can
also find later actions concerning Montana's program and program
amendments at 30 CFR 926.15, 926.16, and 926.30.
II. Description of the Proposed Amendment
By letters dated July 20 and August 17, 2000, Montana sent us a
proposed amendment to its program (Administrative Record No. MT-17-01)
under SMCRA (30 U.S.C. 1201 et seq.). Montana sent the amendment in
response to a June 5, 1996, letter (Administrative Record No. MT-17-03)
that we sent to Montana in accordance with 30 CFR 732.17(c), and to
include the changes made at its own initiative by the 1997 State
legislature. In addition, Montana has included revisions from the 1995
State legislature which OSM approved in the January 22, 1999, Federal
Register (64 FR 3604). The full text of this program amendment is
available for you to read at the locations listed above under
ADDRESSES.
The provisions of the Montana Code Annotated (MCA) that Montana
proposes to revise or add are: 82-4-203(21), MCA (Definitions); 82-4-
232(7), MCA (Area mining required-bond-alternative plan); 82-4-233, MCA
(Planting of vegetation following grading of disturbed area); 82-4-243,
MCA (Subsidence); 82-4-253(2), MCA (Suit for damage to water supply);
and 82-4-254(4), MCA (Violation-Penalty-Waiver).
Specifically, Montana proposes to revise the Montana program to (1)
include uranium mining using in situ methods in the definition of
operator; (2) require newspaper publication of alternate reclamation
plans; (3) allow introduced species to compose a major or dominant
component of the reclaimed vegetation for lands mined, disturbed, or
redisturbed after May 2, 1978, and seeded prior to January 1, 1984; (4)
allow for the prompt repair or compensation for material damage to any
occupied residential dwelling and related structures and to any
noncommercial building resulting from subsidence caused by underground
mining operations; (5) promptly replace any drinking, domestic, or
residential water supply from a well or spring that was in existence
prior to the permit application that has been affected by
contamination, diminution, or interruption resulting from underground
coal mining operations; (6) include an editorial revision to MCA 82-4-
253(2); and (7) propose a revision at MCA 82-4-254(4) to reflect the
1995 State reorganization to designate a director of environmental
quality.
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), OSM requests your
comments on whether the amendment satisfies the applicable program
approval criteria of 30 CFR 732.15. If we approve the amendment, it
will become part of the Montana program.
Written Comments
Send your written comments to OSM at the address given above. Your
written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of
your recommendations. In the final rulemaking, we will not necessarily
consider or include in the Administrative Record any comments received
after the time indicated under ``DATES'' or at locations other than the
Casper Field Office.
Electronic Comments
Please submit Internet comments as an ASCII file avoiding the use
of special
[[Page 57584]]
characters and any form of encryption. Please also include ``Attn:
SPATS No. MT-020-FOR'' and your name and return address in your
Internet meassage. If you do not receive a confirmation that we have
received your Internet message, contact the Casper Field Office at
(307) 261-6550.
Availability of Comments
We will make comments, including names and addresses of
respondents, available for public review during normal business hours.
We will not consider anonymous comments. If individual respondents
request confidentiality, we will honor their request to the extent
allowable by law. Individual respondents who wish to withhold their
name or address from public review, except for the city or town, must
state this prominently at the beginning of their comments. We will make
all submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public review in their entirety.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., m.d.t. on
October 10, 2000. If you are disabled and need special accommodations
to attend a public hearing, contact the person listed under FOR FURTHER
INFORMATION CONTACT. We will arrange the location and time of the
hearing with those persons requesting the hearing. If no one requests
an opportunity to speak, we will not hold the hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at a public hearing
provide us with a written copy of his or her comments. The public
hearing will continue on the specified date until everyone schedule to
speak has been heard. If you are in the audience and have not been
scheduled to speak and wish to do so, you will be allowed to speak
after those who have been scheduled. We will end the hearing after
everyone schedule to speak and others present in the audience who wish
to speak, have been heard.
Public Meeting
If only one person requests an opportunity to speak, we may hold a
public meeting rather than a public hearing. If you wish to meet with
us to discuss the amendment, please request a meeting by contacting the
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings
are open to the public and, if possible, we will post notices of
meetings at the locations listed under ADDRESSES. We will make a
written summary of each meeting a part of the Administrative Record.
IV. Procedural Determinations
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart Federal
regulations.
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget (OMB) and Executive Order 12866.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive order 12988 and had determined that, to the
extent allowable by law, 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.
Executive Order 13132--Federalism
This rule does not have Federalism implications within the meaning
of Executive Order 13132. SMCRA delineates the roles of the Federal and
State governments with regard to the regulation of surface coal mining
and reclamation operations. One of the purposes of SMCRA is to
``establish a nationwide program to protect society and the environment
from the adverse effects of surface coal mining operations.'' Section
503(a)(1) of SMCRA requires that State laws regulating surface coal
mining and reclamation operations be ``in accordance with'' the
requirements of SMCRA. Section 503(a)(7) requires that State programs
contain rules and regulations ``consistent with'' regulations issued by
the Secretary pursuant to SMCRA.
National Environmental Policy Act
Section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that a
decision on a proposed State regulatory program provision does not
constitute a major Federal action within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C)). A determination has been made that such decisions are
categorically excluded from the NEPA process (516 DM 8.4.A).
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.).
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 (4 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
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 for the counterpart Federal
regulations.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule (a) does not
have an annual effect on the economy of $100 million; (b) will not
cause a major increase in costs or prices for consumers, individual
industries, geographic regions, or Federal, State or local governmental
agencies; and (c) does not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S. based enterprises to compete with foreign-based
enterprises. This determination is based upon the fact that the State
submittal which is the subject of this rule is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal
[[Page 57585]]
regulation was not considered a major rule.
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: September 19, 2000.
Brent Wahlquist,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 00-24580 Filed 9-22-00; 8:45 am]
BILLING CODE 4310-05-M