[Federal Register Volume 88, Number 181 (Wednesday, September 20, 2023)]
[Proposed Rules]
[Pages 64853-64854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20350]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 926

[SATS No. MT-042-FOR; Docket ID: OSM-2023-0007; S1D1S SS08011000 
SX064A000 222S180110; S2D2S SS08011000 SX064A000 22XS501520]


Montana Regulatory Program

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

ACTION: Proposed rule; public comment period reopening and opportunity 
for public hearing on proposed amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE), are reopening the public comment period due to a request for 
an extension of the public comment period to a proposed amendment to 
the Montana regulatory program (hereinafter, the Montana program) under 
the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the

[[Page 64854]]

Act). Montana proposed this amendment to OSMRE, on its own initiative, 
following its passing of Montana House Bill 576 (2023), which amends 
the Montana Code Annotated and proposes changes to the definition of 
material damage and changes to permit requirements related to 
hydrologic information. HB 576 also adds four contingencies to the 
proposed amendments of the MCA: a severability clause, a contingent 
voidness clause, an effective date clause, and a retroactive 
applicability clause. This document gives the times and locations that 
the Montana program and this revised proposed amendment to that program 
are available for your inspection, the comment period during which you 
may submit written comments on the revised 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 p.m., 
Mountain Daylight Time (MDT), November 6, 2023.

ADDRESSES: You may submit comments, identified by SATS No. MT-042-FOR, 
by any of the following methods:
    <bullet> Mail/Hand Delivery: 100 East B Street, Room 4100, Casper, 
WY 82601.
    <bullet> Fax: (307) 421-6552.
    <bullet> Federal eRulemaking Portal: The amendment has been 
assigned Docket ID: OSM-2023-0007. If you would like to submit comments 
go to https://www.regulations.gov. Follow the instructions for 
submitting comments.
    We cannot ensure that comments received after the close of the 
comment period (see DATES) or sent to an address other than the ones 
listed above will be included in the docket for this rulemaking and 
considered.
    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 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 Denver 
Field Division or the full text of the program amendment is available 
for you to read at www.regulations.gov.

Jeffrey Fleischman, Chief, Denver Field Division, Office of Surface 
Mining Reclamation and Enforcement, Dick Cheney Federal Building, POB 
11018, 100 East B Street, Casper, Wyoming 82601, Telephone: (307) 261-
6550, Email: <a href="/cdn-cgi/l/email-protection#e288848e878b91818a8f838ca28d918f9087cc858d94"><span class="__cf_email__" data-cfemail="2e4448424b475d4d46434f406e415d435c4b00494158">[email protected]</span></a>

    In addition, you may review a copy of the amendment during regular 
business hours at the following location:

Dan Walsh, Chief, Coal and Opencut Mining Bureau, Montana Department of 
Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901, 
Telephone: (406) 444-6791, Email: <a href="/cdn-cgi/l/email-protection#c7a3b0a6abb4af87aab3e9a0a8b1"><span class="__cf_email__" data-cfemail="87e3f0e6ebf4efc7eaf3a9e0e8f1">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Howard Strand, Office of Surface 
Mining Reclamation and Enforcement, One Denver Federal Center, Building 
41, Lakewood, CO 80225-0065, Telephone: (303) 236-2931, Email: 
<a href="/cdn-cgi/l/email-protection#ea82999e988b848eaa859987988fc48d859c"><span class="__cf_email__" data-cfemail="f8908b8c8a99969cb8978b958a9dd69f978e">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: On August 7, 2023 (88 FR 52084) we published 
a proposed rule announcing receipt of a program amendment from Montana. 
Montana submitted this proposed amendment to us, of its own volition, 
following the passage of Montana House Bill 576 (HB 756) during the 
2023 legislative session. HB 576 amends the Montana Strip and 
Underground Mine Reclamation Act as well as section 82-4-203 and 
section 82-4-222 of MCA. HB 576 also adds four contingencies that apply 
to the proposed amendments. First, Montana proposes several changes to 
section 82-4-203(32), which defines and describes ``Material Damage.'' 
Next, Montana proposes to amend its coal mine operation permit 
requirements related to hydrologic information section 82-4-222(1)(m). 
Lastly, HB 576 adds four contingencies to the proposed amendments of 
section 82-4-203(32) and section 82-4-222(1)(m) that are not codified 
into the MCA but apply to the amended sections: a severability clause, 
a contingent voidness clause, an effective date clause, and a 
retroactive applicability clause.
    By letter dated August 18, 2023 (FDMS Document ID No. OSM-2023-
0007-0008), Multiple conservation groups sent us a letter requesting an 
extension of the public comment period. The conservation groups cited 
the controversial nature of the amendment, technical difficulties 
accessing the comment portal, and scheduling difficulties around a 
public holiday, as to why OSMRE should grant an extension on the 
comment period. OSMRE reviewed the request for an extension of the 
public comment period and agree that the controversial nature of the 
amendment affords the public more time to submit the fullest and most 
comprehensive comments possible. The full text of the program amendment 
is available for you to read at the locations listed above under 
ADDRESSES.

Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are seeking 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 State program.

Electronic or Written Comments

    If you submit written or electronic comments on the proposed rule 
during the 15-day comment period, they should be specific, confined to 
issues pertinent to the proposed regulations, 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 
regulations 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.

List of Subjects in 30 CFR Part 926

    State-federal cooperative agreement, State regulatory program 
approval, Required program amendments.

David A. Berry,
Regional Director, Unified Regions 5, 7-11.
[FR Doc. 2023-20350 Filed 9-19-23; 8:45 am]
BILLING CODE 4310-05-P


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