[Federal Register Volume 59, Number 154 (Thursday, August 11, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-19607] [[Page Unknown]] [Federal Register: August 11, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 926 Montana Permanent Regulatory Program AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), Interior. ACTION: Proposed rule; reopening and extension of comment period on proposed program amendment. ----------------------------------------------------------------------- SUMMARY: OSM is announcing receipt of additional explanatory information pertaining to a previously proposed amendment to the Montana permanent regulatory program (hereinafter, the ``Montana program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The additional explanatory information addresses issues raised by OSM's review of Montana's previously proposed program amendment submittal dated July 28, 1993 (Administrative Record No. MT-11-01); this proposed amendment concerns ownership and control provisions, violation history updates, surface owner consent, coal exploration (``prospecting'') under notices of intent, and editorial changes. This document sets forth the times and locations that the Montana program and proposed amendment to that program are available for public inspection and the reopened comment period during which interested persons may submit written comments on the proposed amendment. Dates: Written comments must be received by 4:00 p.m., m.d.t., August 26, 1994. 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. Mr. 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 Gary Amestoy, Administrator, Montana Department of State Lands, Reclamation Division, Capitol Station, 1625 Eleventh Avenue, Helena, Montana 59620, Telephone: (406) 444-2074 FOR FURTHER INFORMATION CONTACT: Guy Padgett, Telephone (307) 261-5776. 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 and 926.16. II. Proposed Amendment By letters dated June 16 and July 28, 1993 (Administrative Record No. MT-11-01), Montana submitted a proposed amendment to its program pursuant to SMCRA. Montana submitted the proposed amendment in response to statutory changes adopted by the Montana 1993 Legislative session, regarding notice of intent for ``prospecting'', ownership and control provisions, violation history updates, and editorial changes. OSM announced receipt of the proposed amendment in the August 7, 1993, Federal Register (58 FR 45303) and invited public comment on its adequacy. The public comment period ended September 27, 1993. During its review of the amendment, OSM identified concerns relating to the provisions of Montana Code Annotated (MCA) 82-4-224 concerning surface owner consent and MCA 82-4-226(8) concerning coal exploration (``prospecting'') under notices of intent. OSM notified Montana of these concerns by letter dated January 19, 1994 (administrative record No. MT-11-18). Montana responded in a letter dated July 28, 1994 (Administrative Record No. MT-11-19) by submitting additional explanatory information. The additional explanatory material submitted by Montana includes the following: 1. Montana presents arguments that MCA 82-4-222(1)(d) and 82-4- 231(4) provides adequate statutory authority for the Administrative Rules of Montana (ARM) 26.4.303(15) and 26.4.405(6)(k); 2. Montana explains that the statutory definitions of ``waiver'' and ``written consent'' in MCA 82-4-203 no longer have a purpose within the statute, but pose no problem in administering the statute; 3. Montana presents arguments that any prospecting that is conducted to determine the location, quality, or quantity of a coal deposit requires a prospecting permit, and that it is highly unlikely that any other prospecting activity would remove more than 250 tons of coal; 4. Montana presents arguments that under MCA 82-4-266 (1) and (2), all prospecting operations for which a permit must be obtained are subject to reclamation and bonding requirements, regardless of whether substantial surface disturbance results; and 5. Montana states its intention to promulgate a regulatory definition of ``substantially disturbed,'' and regulatory requirements for information in notices of intent, at some future date. Montana also addressed several editorial comments OSM made on the initial June 16 and July 28, 1993, submission. 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 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, including the additional materials submitted, 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 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 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 12550) 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 of 1969 (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 which 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. List of Subjects in 30 CFR Part 926 Intergovernmental relations, Surface mining, Underground mining. Dated: August 5, 1994. Russell F. Price, Acting Assistant Director, Western Support Center. [FR Doc. 94-19607 Filed 8-10-94; 8:45 am] BILLING CODE 4310-05-M