Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Proposed Rules 71425 

This methodology would combine 

takes and entitlements by requiring 

lessees to report and pay on volumes 

equal to the sales by the lessee divided 

by the total sales for the property times 

the allocated volume under the 

commingling approval for the property. 

Consider lessees C and D: In this 

example, lessee C would report and pay 

on 28,302 Mcf, even though it actually 

took 30,000 Mcf, and its entitled volume 

is 37,500 Mcf. The 28,302 Mcf is 

computed as follows: 

(30,000 Mcf/53,000 Mcf) × 50,000 Mcf 

= 28,302 Mcf for lessee C, where 53,000 

Mcf (total sales for the property) is the 

sum of 30,000 Mcf (lessee C’s total sales) 

and 23,000 Mcf (lessee D’s total sales), 

and 50,000 Mcf is the allocated volume 

under the commingling approval for the 

property. Lessee D’s initial reporting 

and payment would be computed 

similarly. 

Considering lessees A and B: If a 

lessee took no production (lessee B in 

this example), it would not have to pay 

any royalty. However, a lessee (lessee A 

in this example) could pay royalty on a 

volume greater than either its actual 

takes or its entitled share. Under this 

methodology, MMS would be made 

whole each month because it would 

receive royalty based on the total 

Federal production subject to the 

commingling approval each month. 

Therefore, an adjustment to the entitled 

volume, as discussed above for Example 

1, would not be necessary. In Example 

3, lessees would have to adjust their 

payments among themselves. 

As explained above, in instances 

where a lessee pays on ‘‘Pure 

Entitlements’’ such as Example 2, or 

‘‘Proportionate Takes’’ such as Example 

3, the lessee may take production that 

is more or less than its entitled share. In 

that case, a lessee would need to value 

its entitled share. The MMS believes 

that the best means of valuing the 

entitled share is to apply a volume 

weighted average of the royalty values 

of the volumes actually taken to the 

entitled shared volumes. The MMS 

requests comments on any other 

alternatives for valuing such volumes. 

In addition, MMS is interested in 

receiving comments on these three 

Examples which describe alternative 

methodologies. The MMS is also 

interested in receiving comments on any 

other alternative methodologies. If you 

propose a methodology different from 

those discussed above, please use our 

example criteria and explain why you 

believe your methodology is the best 

alternative. In addition, MMS would 

like your input on how the various 

methodologies would affect your 

business practices, bookkeeping, etc. 

Dated: November 14, 2005. 

R.M. ‘‘Johnnie’’ Burton, 

Assistant Secretary for Land and Minerals 

Management. 

[FR Doc. 05–23380 Filed 11–28–05; 8:45 am] 

BILLING CODE 4310–MR–M 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 925 

[Docket No. MO–038–FOR] 

Missouri 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 

(OSM), are announcing receipt of a 

proposed amendment to the Missouri 

regulatory program (Missouri program) 

under the Surface Mining Control and 

Reclamation Act of 1977 (SMCRA or the 

Act). Missouri intends to revise its 

program to improve operational 

efficiency. 

Currently, we are substituting direct 

Federal enforcement for portions of the 

Missouri program. With the substitution 

of Federal enforcement authority, we 

outlined a process by which Missouri 

could regain full authority for its 

program. As part of this process, 

Missouri proposes to amend its 

approved regulatory program and 

submitted a temporary emergency 

regulatory program rule (emergency 

rule). The purpose of the emergency 

rule is to revise Missouri’s regulations 

regarding bonding of surface coal 

mining and reclamation operations to 

allow Missouri to transition from a 

‘‘bond pool’’ approach to a ‘‘full cost 

bond’’ approach. We are announcing 

receipt of the emergency rule in this 

rulemaking. Missouri has indicated that, 

in the near future, it will submit a 

permanent regulatory program rule 

(permanent rule) regarding its bonding 

regulations and that this rule will 

contain regulatory language that is 

substantially identical to the language in 

this emergency rule. If we approve the 

emergency rule and Missouri submits 

the permanent rule with language that 

has the same meaning as the emergency 

rule, we will publish a final rule and the 

permanent rule will become part of the 

Missouri program. 

This document gives the times and 

locations that the Missouri program and 

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 

p.m., c.t., December 29, 2005. If 

requested, we will hold a public hearing 

on the amendment on December 27, 

2005. We will accept requests to speak 

at a hearing until 4 p.m., c.t. on 

December 14, 2005. 

ADDRESSES: You may submit comments, 

identified by Docket No. MO–038–FOR, 

by any of the following methods: 

• E-mail: IFOMAIL@osmre.gov. 

Include Docket No. MO–038–FOR in the 

subject line of the message. 

• Mail/Hand Delivery: Andrew R. 

Gilmore, Chief, Alton Field Division, 

Office of Surface Mining Reclamation 

and Enforcement, 501 Belle Street, 

Alton, Illinois 62002. 

• Fax: (618) 463–6470 

• 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 Missouri program, 

this amendment, 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 OSM’s Alton Field Division. 

Andrew R. Gilmore, Chief, Alton Field 

Division, Office of Surface Mining 

Reclamation and Enforcement, 501 Belle 

Street, Alton, Illinois 62002, Telephone: 

(618) 463–6460, E-mail: 

IFOMAIL@osmre.gov. 

In addition, you may review a copy of 

the amendment during regular business 

hours at the following location: 

Missouri Department of Natural 

Resources, Land Reclamation Program, 

205 Jefferson Street, P.O. Box 176, 

Jefferson City, Missouri 65102, 

Telephone: (573) 751–4041. 

FOR FURTHER INFORMATION CONTACT: 

Andrew R. Gilmore, Chief, Alton Field 

Division. Telephone: (618) 463–6460. Email: IFOMAIL@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

71426 Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Proposed Rules 

I. Background on the Missouri Program 

II. Description of the Proposed Amendment 

III. Public Comment Procedures 

IV. Procedural Determinations 

I. Background on the Missouri 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 program 

includes, among other things, ‘‘a State 

law which provides for the regulation of 

surface coal mining and reclamation 

operations in accordance with the 

requirements of this Act * * *; and 

rules and regulations consistent with 

regulations issued by the Secretary 

pursuant to this Act.’’ See 30 U.S.C. 

1253(a)(1) and (7). On the basis of these 

criteria, the Secretary of the Interior 

(Secretary) conditionally approved the 

Missouri program on November 21, 

1980. You can find background 

information on the Missouri program, 

including the Secretary’s findings, the 

disposition of comments, and the 

conditions of approval, in the November 

21, 1980, Federal Register (45 FR 

77017). You can also find later actions 

concerning the Missouri program and 

program amendments at 30 CFR 925.10, 

925.12, 925.15, 925.16, 925.17, 925.18, 

and 925.19. 

II. Description of the Proposed 

Amendment 

On November 21, 1980, the Secretary 

conditionally approved the Missouri 

program under the Act. On June 19, 

2003, the Missouri Department of 

Natural Resources, Air and Land 

Protection Division, Land Reclamation 

Program’s (MLRP) notified us that the 

Missouri Legislature did not fully fund 

the Missouri program for the period 

beginning July 1, 2003, and ending June 

30, 2004. On July 21, 2003, the Governor 

of Missouri (Governor) notified us that 

the State of Missouri was experiencing 

difficult budget and revenue shortfalls 

(Administrative Record No. MO–664.3). 

On August 4, 2003, we notified the 

Governor that we were obligated, in 

accordance with 30 CFR 733.12(e), to 

substitute Federal enforcement for those 

portions of the Missouri program that 

were not fully funded and staffed 

(Administrative Record No. MO–664.4). 

In accordance with the provisions of 30 

CFR 733.12(f), we announced our 

decision, effective August 22, 2003, to 

institute direct Federal enforcement for 

those portions of the Missouri program 

that the MLRP could not adequately 

implement and enforce. With the 

substitution of Federal enforcement 

authority, we outlined a process by 

which Missouri could regain full 

authority for its program (See 68 FR 

50944, dated August 22, 2003, and 69 

FR 19927, dated April 15, 2004). 

By letter dated May 27, 2005, the 

Governor of Missouri petitioned us to 

consider returning to Missouri the 

authority to implement and enforce 

those parts of the Missouri program for 

which we substituted Federal 

enforcement (Administrative Record No. 

MO–664.42). As part of the process of 

resuming the regulatory authority, 

Missouri proposes to amend the 

Missouri program in two steps. The first 

step involves the State submitting a 

temporary emergency rule in order to 

revise its regulations regarding bonding 

of surface coal mining and reclamation 

operations. The emergency rule will 

allow Missouri to transition, in a timely 

manner, from a ‘‘bond pool’’ approach 

to bonding to a ‘‘full cost bond’’

approach. 

The second step in amending 

Missouri’s approved regulatory program 

is for Missouri to submit a permanent 

rule regarding its bonding regulations. 

Missouri has indicated that the State 

will submit this permanent rule in the 

near future and that it will contain 

regulatory language that is substantively 

identical to the language in the 

emergency rule. If we approve the 

emergency rule and Missouri submits 

the permanent rule with language that 

has the same meaning as the emergency 

rule, we will publish a final rule and the 

permanent rule will become part of the 

Missouri program. 

To fulfill the first step in amending its 

approved regulatory program and to 

improve operational efficiency, 

Missouri sent us an amendment to its 

program under SMCRA (30 U.S.C. 1201 

et seq.) dated October 31, 2005 

(Administrative Record No. MO–665). 

We are announcing receipt of the 

‘‘emergency rule’’ amendment in this 

rulemaking. 

Below is a summary of the changes 

proposed by Missouri. The full text of 

the program amendment is available for 

you to read at the locations listed above 

under ADDRESSES. 

A. 10 CSR 40–7.011 Bond 

Requirements 

1. 10 CSR 40–7.011(1) Definitions 

Missouri proposes to revise 

subparagraphs (1)(C) and (D) regarding 

definitions for ‘‘Personal bond’’ and 

‘‘Phase I bond,’’ respectively. 

2. 10 CSR 40–7.011(2) Requirement to 

File a Bond 

Missouri proposes to revise 

subsection (2) pertaining to the permit 

applicant’s requirement to file a bond 

after an application for a surface coal 

mining and reclamation operation has 

been approved. 

3. 10 CSR 40–7.011(4) Bond Amounts 

Missouri proposes to revise 

subsection (4) regarding how the bond 

amount for a surface coal mining and 

reclamation operation is to be 

determined. 

4. 10 CSR 40–7.011(5) Changing Bond 

Amounts 

Missouri proposes to revise 

subparagraphs (5)(A) through (5)(D) and 

to delete subparagraph (5)(E). This 

subsection describes how and when 

bond adjustments for a surface coal 

mining and reclamation operation are to 

be determined and the procedures to be 

followed for adjusting the bond 

amounts. 

5. 10 CSR 40–7.011(6) Types of Bonds 

a. 10 CSR 40–7.011(6)(A) Surety Bonds 

Missouri proposes to revise 

subparagraphs (6)(A)6 and 8 of its 

regulations regarding surety bonds. 

b. 10 CSR 40–7.011(6)(B) Personal 

Bonds Secured by Certificates of Deposit 

Missouri proposes to revise 

subparagraphs (6)(B)1, 2, and 4 through 

7 regarding personal bonds secured by 

certificates of deposit. 

c. 10 CSR 40–7.011(6)(C) Personal 

Bonds Secured by Letters of Credit 

Missouri proposes to revise 

subparagraphs (6)(C)1, 3, 4, 8, and 9 

regarding personal bonds secured by 

letters of credit. 

d. 10 CSR 40–7.011(6)(D) Self Bonding 

Missouri proposes to revise 

subparagraphs (6)(D)1, 2, 3, 5, 6, and 8 

regarding self bonding by permit 

applicants. 

6. 10 CSR 40–7.011(7) Replacement of 

Bonds 

Missouri proposes to revise 

subparagraph (7)(A) regarding a 

permittee’s election to replace the bond 

for a surface coal mining and 

reclamation operation. 

B. 10 CSR 40–7.021 Duration and 

Release of Reclamation Liability 

1. 10 CSR 40–7.021(1) Period of 

Liability 

Missouri proposes to revise 

subparagraph (1)(A) regarding the 

period of liability coal operators have 

for surface coal mining and reclamation 

operations. 

Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Proposed Rules 71427 

2. 10 CSR 40–7.021(2) Criteria and 

Schedule for Release of Reclamation 

Liability 

Missouri proposes to revise 

subparagraphs (2)(A) through (2)(E) 

regarding the criteria and schedule for 

releasing reclamation liability. 

C. 10 CSR 40–7.031 Permit Revocation, 

Bond Forfeiture and Authorization to 

Expend Reclamation Fund Monies 

1. 10 CSR 40–7.031(2) Procedures 

Missouri proposes to revise 

subparagraph (2)(E) regarding 

procedures for revoking or suspending a 

surface coal mining and reclamation 

permit. 

2. 10 CSR 40–7.031(3) Bond Forfeiture 

Missouri proposes to revise 

subparagraph (3)(C) regarding forfeiture 

of bond after a surface coal mining and 

reclamation permit is revoked. 

3. 10 CSR 40–7.031(4) Declaration of 

Permit Revocation 

Missouri proposes to revise 

subsection (4) regarding the director of 

the Land Reclamation Program’s 

(director) authority to use appropriated 

reclamation fund monies from the Coal 

Mine Land Reclamation Fund for bonds 

forfeited before January 1, 2006. 

Missouri also proposes to revise this 

subsection regarding the director’s 

authority to use proceeds from bonds 

forfeited on or after January 1, 2006. The 

purpose of the revision is to ensure 

compliance with all applicable 

regulations and satisfactory completion 

of reclamation on surface coal mining 

and reclamation permit sites. 

D. 10 CSR 40–7.041 Form and 

Administration of the Coal Mine Land 

Reclamation Fund 

Missouri proposes to delete 

subsections (1) through (3) pertaining to 

the Coal Mine Land Reclamation Fund 

regarding payment of assessments, fund 

ceiling and reimbursements, and 

penalties for delinquent payment of 

fees. Missouri also proposes to revise 

subsections (4) and (5) and redesignate 

them as subsections (1) and (2), 

respectively. These subsections pertain 

to expenditure of reclamation fund 

monies and reimbursement of the 

reclamation fund. 

E. 10 CSR 40–7.050 Requirements, 

Conditions and Terms of Liability 

Insurance 

Missouri proposes to revise 

subsection (2) regarding the terms and 

conditions for liability insurance. 

III. 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. 

Written Comments 

Send your written or electronic 

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. We will not consider 

or respond to your comments when 

developing the final rule if they are 

received after the close of the comment 

period (see DATES). We will make 

every attempt to log all comments into 

the administrative record, but comments 

delivered to an address other than the 

Alton Field Division may not be logged 

in. 

Electronic Comments 

Please submit Internet comments as 

an ASCII or Word file avoiding the use 

of special characters and any form of 

encryption. Please also include ‘‘Attn: 

[Docket No. MO–038–FOR]’’ and your 

name and return address in your 

Internet message. If you do not receive 

a confirmation that we have received 

your Internet message, contact the Alton 

Field Division at (618) 463–6460. 

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., c.t. on December 14, 2005. 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 

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

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 regulation. 

Executive Order 12866—Regulatory 

Planning and Review 

This rule is exempted from review by 

the Office of Management and Budget 

(OMB) under 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 

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 

because each 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 

71428 Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Proposed Rules 

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. 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, and section 503(a)(7) requires 

that State programs contain rules and 

regulations ‘‘consistent with’’

regulations issued by the Secretary 

pursuant to SMCRA. 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

In accordance with Executive Order 

13175, we have evaluated the potential 

effects of this rule on Federallyrecognized Indian tribes and have 

determined that the rule does not have 

substantial direct effects on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

This determination is based on the fact 

that the Missouri program does not 

regulate coal exploration and surface 

coal mining and reclamation operations 

on Indian lands. Therefore, the Missouri 

program has no effect on Federallyrecognized Indian tribes. 

Executive Order 13211—Regulations 

That Significantly Affect The Supply, 

Distribution, or Use of Energy 

On May 18, 2001, the President issued 

Executive Order 13211 which requires 

agencies to prepare a Statement of 

Energy Effects for a rule that is (1) 

considered significant under Executive 

Order 12866, and (2) likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. Because 

this rule is exempt from review under 

Executive Order 12866 and is not 

expected to have a significant adverse 

effect on the supply, distribution, or use 

of energy, a Statement of Energy Effects 

is not required. 

National Environmental Policy Act 

This rule does not require an 

environmental impact statement 

because 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)). 

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 

certifies 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. 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, Federal, State, or 

local government agencies, or 

geographic regions; 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 

regulation was not considered a major 

rule. 

Unfunded Mandates 

This rule will not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of $100 million or more in any given 

year. 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 

regulation did not impose an unfunded 

mandate. 

List of Subjects in 30 CFR Part 925 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: November 18, 2005. 

Charles E. Sandberg, 

Regional Director, Mid-Continent Region. 

[FR Doc. 05–23456 Filed 11–28–05; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 926 

[MT–025–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. 

SUMMARY: We are 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 or the Act). Montana 

proposes revisions to, additions of, and 

deletions of rules about: Definitions; 

permit application requirements; 

application processing and public 

participation; application review, 

findings, and issuance; permit 

conditions; permit renewal; 

performance standards; prospecting 

permits and notices of intent; bonding 

and insurance; protection of parks and 

historic sites; lands where mining is 

prohibited; inspection and enforcement; 

civil penalties; small operator assistance 

program (SOAP); restrictions on 

employee financial interests; blasters 

license; and revision of permits. 

Montana intends to revise its program 

to be consistent with the corresponding 

Federal regulations and SMCRA, and to 

clarify ambiguities. 

This document gives the times and 

locations that the Montana program and 

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