81862 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Proposed Rules 

the EEOP Director except that any 

notice required to be sent to the 

aggrieved party shall be sent to the agent 

of the class or his or her representative. 

(b) The Final Agency Decision on a 

class complaint shall be binding on all 

members of the class. 

§ 1225.18 Notification of Class Members of 

Decision. 

Class members shall be notified by the 

agency of the final agency decision and 

corrective action, if any, using at the 

minimum, the same media employed to 

give notice of the existence of the class 

complaint. The notice, where 

appropriate, shall include information 

concerning the rights of class members 

to seek individual relief and of the 

procedures to be followed. Notice shall 

be given by the Agency within ten (10) 

calendar days of the transmittal of its 

decision to the agent. 

§ 1225.19 Corrective Action. 

(a) When discrimination is found. 

CNCS, or the recipient or subrecipient 

of CNCS assistance or resources, as 

appropriate, must take appropriate 

action to eliminate or modify the policy 

or practice out of which such 

discrimination arose, and provide 

individual corrective action to the agent 

and other class members in accordance 

with 1225.10 of this part. 

(b) When discrimination is found and 

a class member believes that but for that 

discrimination he or she would have 

been accepted as a Member of Volunteer 

or received some other volunteer service 

benefit, the class member may file a 

written claim with the EEOP Director 

within thirty (30) calendar days of 

notification by the agency of its 

decision. 

(c) The claim must include a specific, 

detailed statement showing that the 

claimant is a class member who was 

affected by an action or matter resulting 

from the discriminatory policy or 

practice which arose not more than 30 

days preceding the filing of the class 

complaint. 

(d) The Agency shall attempt to 

resolve the claim within sixty (60) 

calendar days after the date the claim 

was postmarked, or in the absence of a 

postmark, within sixty (60) calendar 

days after the date it was received by the 

EEOP Director. 

§ 1225.20 Claim Appeals. 

(a) If the EEOP Director and claimant 

do not agree that the claimant is a 

member of the class, or upon the relief 

to which the claimant is entitled, the 

EEOP Director shall refer the claim, 

with recommendations concerning it, to 

the CEO or their designee for a Final 

Agency Decision and shall so notify the 

claimant. The class member may submit 

written evidence to the CEO or their 

designee concerning his or her status as 

a member of the class. Such evidence 

must be submitted no later than ten (10) 

calendar days after receipt of referral. 

(b) The CEO or their designee shall 

decide the issue within thirty (30) days 

of the date of referral by the EEOP 

Director. The claimant shall be informed 

in writing of the decision and its basis 

and that it will be the Final Agency 

Decision of the issue. 

§ 1225.21 Judicial Review. 

(a) An applicant, candidate, Member 

or Volunteer is authorized to file a civil 

action in an appropriate U.S. District 

Court: 

(1) Within thirty (30) calendar days of 

his or her receipt of the notice of final 

action taken by the agency; or 

(2) After one hundred eighty (180) 

calendar days from the date of filing a 

formal discrimination complaint with 

the agency if there has been no final 

agency action. 

Dated: November 20, 2020. 

Helen Serassio, 

Acting General Counsel of Corporation for 

National and Community Service. 

Timothy Noelker, 

General Counsel of the Peace Corps. 

[FR Doc. 2020–26122 Filed 12–16–20; 8:45 am] 

BILLING CODE 6051–01–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 926 

[SATS No. MT–039–FOR; Docket ID: OSM– 

2020–0004; S1D1S SS08011000 SX064A000 

212S180110; S2D2S SS08011000 

SX064A000 21XS501520] 

Montana AML Plan 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Proposed rule; public comment 

period and opportunity for public 

hearing on proposed amendment. 

SUMMARY: We, the Office of Surface 

Mining Reclamation and Enforcement 

(OSMRE), are announcing receipt of a 

proposed amendment to the Montana 

Abandoned Mine Land Reclamation 

Plan (Montana Plan) under the Surface 

Mining Control and Reclamation Act of 

1977 (SMCRA or the Act). The State 

submitted this proposal in response to 

OSMRE’s request to update the Montana 

Plan. Montana also seeks to make 

changes that will improve the Plan’s 

readability and operational efficiency. 

This document gives the times and 

locations that the Montana Plan and this 

proposed amendment to that Plan are 

available for your inspection, the 

comment period during which you may 

submit written comments on the 

amendment, and the procedures that we 

will follow for the public hearing, if one 

is requested. 

DATES: We will accept written 

comments on this amendment until 4:00 

p.m., M.D.T., January 19, 2021. If 

requested, we will hold a public hearing 

on the amendment on January 11, 2021. 

We will accept requests to speak at a 

hearing until 4:00 p.m., M.D.T. on 

January 4, 2021. 

ADDRESSES: You may submit comments, 

identified by SATS No. MT–039–FOR, 

by any of the following methods: 

• Mail/Hand Delivery: OSMRE, Attn: 

Jeffrey Fleischman, P.O. Box 11018, 

Dick Cheney Federal Building, 100 East 

B Street, Casper, WY 82601–7032. 

• Fax: (307) 261–6552. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Comment Procedures’’ heading 

of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: For access to the docket to 

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, you must go to the 

address listed below during normal 

business hours, Monday through Friday, 

excluding holidays. You may receive 

one free copy of the amendment by 

contacting OSMRE’s Casper Field Office 

or the full text of the program 

amendment is available for you to read 

at www.regulations.gov. 

Attn: Jeffrey Fleischman, Division 

Manager, Office of Surface Mining 

Reclamation and Enforcement, OSMRE, 

Dick Cheney Federal Building, 150 East 

B Street, Casper, WY 82601–7032. 

Telephone: 307–261–6550. Email: 

JFleischman@osmre.gov. 

In addition, you may review a copy of 

the amendment during regular business 

hours at the following location: 

Montana Department of Environmental 

Quality, 1225 Cedar Street, Helena, MT 

59601. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Fleischman, Office of Surface 

Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Proposed Rules 81863 

Mining Reclamation and Enforcement, 

Dick Cheney Federal Building, 150 East 

B Street, Casper, WY 82601–7032. 

Telephone: (307) 261–6550. Email: 

JFleischman@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Montana Plan 

II. Description of the Proposed Amendment 

III. Public Comment Procedures 

IV. Statutory and Executive Order Reviews 

I. Background on the Montana Plan 

The Abandoned Mine Land 

Reclamation Program was established 

by Title IV of the Act (30 U.S.C. 1201 

et seq.) in response to concerns over 

extensive environmental damage caused 

by past coal mining activities. The 

program is funded by a reclamation fee 

collected on each ton of coal that is 

produced. The money collected is used 

to finance the reclamation of abandoned 

coal mines and for other authorized 

activities. Section 405 of the Act allows 

States and Indian tribes to assume 

exclusive responsibility for reclamation 

activity within the State or on Indian 

lands if they develop and submit to the 

Secretary of the Interior for approval, a 

program (often referred to as a plan) for 

the reclamation of abandoned coal 

mines. 

On October 24, 1980, the Secretary of 

the Interior approved the Montana Plan. 

You can find general background 

information on the Montana Plan, 

including the Secretary’s findings and 

the disposition of comments, in the 

October 24, 1980, Federal Register (45 

FR 70445). OSMRE announced in the 

July 9, 1990, Federal Register (55 FR 

28022), the Director’s decision accepting 

certification by Montana that it had 

addressed all known coal-related 

impacts in the State that were eligible 

for funding under the Montana Plan. 

You can also find later actions 

concerning Montana’s Plan and Plan 

amendments at 30 CFR 926.25. 

II. Description of the Proposed 

Amendment 

In a letter dated March 6, 2019 

(Document ID No. OSM–2020–0004– 

0003), OSMRE, under the authority of 

30 CFR 884.15, directed the State to 

update the Montana Plan. OSMRE 

requested that Montana update its Plan 

to meet the requirements of SMCRA, as 

revised on December 20, 2006 as part of 

the Tax Relief and Health Care Act of 

2006 (Pub. L. 109–432), and in response 

to changes made to the implementing 

federal regulations as revised on 

November 14, 2008 (73 FR 67576) and 

February 5, 2015 (80 FR 6435). By letter 

dated August 4, 2020 (Administrative 

Record No. OSM–2020–0004–0002), 

Montana sent us an amendment to its 

State Plan under SMCRA (30 U.S.C. 

1201 et seq.). This amendment is 

intended to address the required 

amendments identified in OSMRE’s 

letter dated March 6, 2019. The State 

has also proposed additional changes as 

part of the State’s initiative to improve 

the Plan’s readability and operational 

efficiency. This amendment will 

essentially repeal and replace Montana’s 

existing AML Plan. A summary of the 

proposed changes is provided below. 

Through this amendment, Montana 

proposes to include an updated legal 

opinion from the State indicating the 

Department of Environmental Quality 

(DEQ) has legal authority to conduct the 

AML Program under SMCRA as 

required under 30 CFR 884.13(a)(2). The 

State also proposes to omit historical 

documents regarding approval of 

previous changes to the Montana Plan; 

reference statutory sections rather than 

incorporating statutory language; 

reference rather than incorporating 

other relevant State laws such as 

personnel and procurement policies; 

clarify how AML hazards are classified 

into priority ranks and selected for 

funding; indicate how coal versus noncoal projects will be selected; clarify the 

Authorization to Proceed process prior 

to beginning reclamation projects; 

clarify historic set-aside fund and acid 

mine drainage treatment accounts, 

remove the Emergency Program section; 

and make general editorial changes for 

brevity and structural alignment with 

the Federal AML Plan requirements 

under 30 CFR 884.13. Montana’s 

amendment submittal package also 

proposes a change to statutory language 

at MCA 82–4–1006 enacted by the State 

Legislature in 2007 regarding 

establishment, management, and use of 

funds in the State’s Abandoned Mine 

Reclamation Account. 

The full text of the program 

amendment is available for you to read 

at the locations listed above under 

ADDRESSES or at www.regulations.gov. 

III. Public Comment Procedures 

We are seeking your comments on 

whether the amendment satisfies the 

applicable plan approval criteria of 30 

CFR 884.14 and 884.15. If we approve 

the amendment, it will become part of 

the state Plan. 

Electric or Written Comments 

If you submit written or electronic 

comments on the proposed rule during 

the 30-day comment period, they should 

be specific, confined to issues pertinent 

to the proposed Plan, and explain the 

reason for any recommended change(s). 

We appreciate any and all comments, 

but those most useful and likely to 

influence decisions on the final Plan 

will be those that either involve 

personal experience or include citations 

to and analyses of SMCRA, its 

legislative history, its implementing 

regulations, case law, other pertinent 

State or Federal laws or regulations, 

technical literature, or other relevant 

publications. 

We cannot ensure that comments 

received after the close of the comment 

period (see DATES) or sent to an address 

other than those listed (see ADDRESSES) 

will be included in the docket for this 

rulemaking and considered. 

Public Availability of Comments 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment including your 

personal identifying information, may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Public Hearing 

If you wish to speak at the public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT by 

4:00 p.m., M.D.T. on January 4, 2021. If 

you are disabled and need reasonable 

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 

a hearing. 

To assist the transcriber and ensure an 

accurate record, we request, if possible, 

that each person who speaks at the 

public hearing provide us with a written 

copy of his or her comments. The public 

hearing will continue on the specified 

date until everyone scheduled to speak 

has been given an opportunity to be 

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 scheduled 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

81864 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Proposed Rules 

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 12866—Regulatory 

Planning and Review and Executive 

Order 13563—Improving Regulation 

and Regulatory Review 

Executive Order 12866 provides that 

the Office of Information and Regulatory 

Affairs in the Office of Management and 

Budget (OMB) will review all significant 

rules. Pursuant to OMB guidance, dated 

October 12, 1993, the approval of State 

program and is exempted from OMB 

review under Executive Order 12866. 

Executive Order 13563, which reaffirms 

and supplements Executive Order 

12866, retains this exemption. 

Other Laws and Executive Orders 

Affecting Rulemaking 

When a state submits a Plan 

amendment to OSMRE for review, our 

regulations at 30 CFR 884.14 and 

884.15, and agency policy require 

public notification and an opportunity 

for public comment. We accomplish this 

by publishing a notice in the Federal 

Register indicating receipt of the 

proposed amendment, its text or a 

summary of its terms. We conclude our 

review of the proposed amendment after 

the close of the public comment period 

and determine whether the amendment 

should be approved, approved in part, 

or not approved. At that time, we will 

also make the determinations and 

certifications required by the various 

laws and executive orders governing the 

rulemaking process and include them in 

the final rule. 

List of Subjects in 30 CFR Part 926 

Abandoned mine reclamation 

programs, Intergovernmental relations, 

Surface mining, Underground mining. 

David A. Berry, 

Regional Director, Unified Regions 5, 7–11. 

[FR Doc. 2020–27544 Filed 12–16–20; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 938 

[SATS No. PA–172–FOR; Docket ID: OSM– 

2020–0001; S1D1S SS08011000 SX064A000 

212S180110; S2D2S SS08011000 

SX064A000 21XS501520] 

Pennsylvania 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. 

SUMMARY: We, the Office of Surface 

Mining Reclamation and Enforcement 

(OSMRE), are announcing receipt of a 

proposed amendment to the 

Pennsylvania regulatory program 

(hereinafter, the Pennsylvania program) 

under the Surface Mining Control and 

Reclamation Act of 1977 (SMCRA or the 

Act). Through this proposed 

amendment, Pennsylvania is requesting 

to make changes to its regulations 

addressing four required amendments, 

one part not previously approved, and 

several program revisions submitted. 

The proposed amendment includes, but 

is not limited to, augmented seeding, 

bonding, haul roads, effluent limitations 

for bituminous underground mines, 

temporary cessation, definition of 

Surface Mining Activities, civil 

penalties, administrative requirements, 

and Employee Financial Interest 

Reporting Form, as well as other 

administrative updates and corrections. 

This document gives the times and 

locations that the Pennsylvania program 

and this proposed amendment to that 

program are available for your 

inspection, the comment period during 

which you may submit written 

comments on the amendment, and the 

procedures that we will follow for the 

public hearing, if one is requested. 

DATES: We will accept written 

comments on this amendment until 4:00 

p.m., Eastern Standard Time (e.s.t.), 

January 19, 2021. If requested, we may 

hold a public hearing or meeting on the 

amendment on January 11, 2021. We 

will accept requests to speak at a 

hearing until 4:00 p.m., e.s.t. on January 

4, 2021. 

ADDRESSES: You may submit comments, 

identified by SATS No. PA–172–FOR, 

by any of the following methods: 

• Mail/Hand Delivery: Ben Owens, 

Acting Field Office Director, Pittsburgh 

Field Office, 3 Parkway Center South, 

2nd Floor, Pittsburgh, PA 15220. 

• Fax: (412) 937–2903. 

• Email: bowens@osmre.gov. 

• Federal eRulemaking Portal: The 

amendment is assigned the Docket ID: 

OSM–2020–0001, If you would like to 

submit comments go to https://

www.regulations.gov. Follow the 

instructions for submitting comments. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Comment Procedures’’ heading 

of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: For access to the docket to 

review copies of the Pennsylvania 

program, this amendment, a listing of 

any scheduled public hearings or 

meetings, and all written comments 

received in response to this document, 

you must go to the address listed below 

during normal business hours, Monday 

through Friday, excluding holidays. You 

may receive one free copy of the 

amendment by contacting OSMRE’s 

Pittsburgh Field Office or the full text of 

the program amendment is available for 

you to read at https://

www.regulations.gov. 

Ben Owens, Acting Field Office 

Director, Pittsburgh Field Office, Office 

of Surface Mining Reclamation and 

Enforcement, 3 Parkway Center Drive 

South, 2nd Floor, Pittsburgh, PA 15220. 

Telephone: (412) 937–2827. Email: 

bowens@osmre.gov. 

In addition, you may review a copy of 

the amendment during regular business 

hours at the following location: William 

S. Allen, Jr., Director, Bureau of Mining 

Programs, Pennsylvania Department of 

Environmental Protection, Rachel 

Carson State Office Building, 400 

Market Street, Harrisburg, PA 17101. 

FOR FURTHER INFORMATION CONTACT: Ben 

Owens, Acting Field Office Director, 

Pittsburgh Field Office, Office of Surface 

Mining Reclamation and Enforcement, 3 

Parkway Center Drive South, 2nd Floor, 

Pittsburgh, PA 15220 Telephone: (412) 

937–2827. Email: bowens@osmre.com. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Pennsylvania Program 

II. Description of the Proposed Amendment 

III. Public Comment Procedures 

IV. Statutory Orders and Executive Reviews 

I. Background on the Pennsylvania 

Program 

Section 503(a) of the Act permits a 

State to assume primacy for the 

regulation of surface coal mining and 

reclamation operations on non-Federal 

and non-Indian lands within its borders 

by demonstrating that its approved, 

State program includes, among other