Proposed Rule2023-16849
Montana Regulatory Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 7, 2023
Issuing agencies
Interior DepartmentSurface Mining Reclamation and Enforcement Office
Abstract
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), 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). During the 2023 legislative session, the Montana legislature passed Senate Bill 392 (SB 392), amending the Montana Strip and Underground Mine Reclamation Act (MSUMRA) as well as the Montana Code Annotated (MCA). Accordingly, Montana submitted this proposed amendment to OSMRE on its own initiative. Montana's proposal adds a provision for the equal application of court costs to the prevailing party in contested case proceedings by a court or administrative agency that issues a decision. The proposal also amends the MCA to reference the equal application of court costs in section1. Finally, the proposal includes codification instructions, a severability clause, an effective date, and an applicability statement. This document gives the times and locations that the Montana program and this proposed amendment to the 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.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 150 (Monday, August 7, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Proposed Rules]
[Pages 52086-52088]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16849]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 926
[SATS No. MT-043-FOR; Docket ID: OSM-2023-0008; S1D1S SS08011000
SX064A000 231S180110; S2D2S SS08011000 SX064A000 23XS501520]
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, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), 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). During
the 2023 legislative session, the Montana legislature passed Senate
Bill 392 (SB 392), amending the Montana Strip and Underground Mine
Reclamation Act (MSUMRA) as well as the Montana Code Annotated (MCA).
Accordingly, Montana submitted this proposed amendment to OSMRE on its
own initiative. Montana's proposal adds a provision for the equal
application of court costs to the prevailing party in contested case
proceedings by a court or administrative agency that issues a decision.
The proposal also amends the MCA to reference the equal application of
court costs in section1. Finally, the proposal includes codification
instructions, a severability clause, an effective date, and an
applicability statement. This document gives the times and locations
that the Montana program and this proposed amendment to the 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., M.D.T, September 6, 2023. If requested, we may hold a public
hearing or meeting on the amendment on September 1, 2023. We will
accept requests to speak at a hearing until 4:00 p.m., M.D.T. on August
22, 2023.
ADDRESSES: You may submit comments, identified by SATS No. MT-043-FOR,
by any of the following methods:
<bullet> Mail/Hand Delivery: OSMRE, Attn: Jeffrey Fleischman, P.O.
Box 11018, 100 East B Street, Room 4100, Casper, Wyoming 82602.
<bullet> Fax: (307) 261-6552.
<bullet> Federal eRulemaking Portal: The amendment has been
assigned Docket ID: OSM-2023-0008. If you would like to submit
comments, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 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 Casper
Field Office or the full text of the program amendment is available for
you to read at <a href="http://www.regulations.gov">www.regulations.gov</a>.
Attn: Jeffrey Fleischman, Field Office Director, Office of Surface
Mining Reclamation and Enforcement, 100 East B Street, Casper, Wyoming
82602, Telephone: (307) 261-6550, Email: <a href="/cdn-cgi/l/email-protection#0369656f666a70606b6e626d436c706e71662d646c75"><span class="__cf_email__" data-cfemail="68020e040d011b0b0005090628071b051a0d460f071e">[email protected]</span></a>
In addition, you may review a copy of the amendment during regular
business hours at the following location:
Attn: Dan Walsh, Mining Bureau Chief, Coal and Opencut Mining Bureau,
Department of Environmental Quality, P.O. Box 200901, Helena, MT 59601-
0901, Telephone: (406) 444-6791, Email: <a href="/cdn-cgi/l/email-protection#680c1f09041b0028051c460f071e"><span class="__cf_email__" data-cfemail="0b6f7c6a6778634b667f256c647d">[email protected]</span></a>
[[Page 52087]]
FOR FURTHER INFORMATION CONTACT:
Attn: Jeffrey Fleischman, Field Office Director, Office of Surface
Mining Reclamation and Enforcement, 100 East B Street, Casper, Wyoming
82602, Telephone: (307) 261-6550, Email: <a href="/cdn-cgi/l/email-protection#1c767a7079756f7f74717d725c736f716e79327b736a"><span class="__cf_email__" data-cfemail="8ce6eae0e9e5ffefe4e1ede2cce3ffe1fee9a2ebe3fa">[email protected]</span></a>
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
Subject to OSMRE's oversight, section 503(a) of SMCRA 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 things, State laws and regulations that govern surface coal
mining and reclamation operations in accordance with SMCRA and
consistent with the Federal regulations. See 30 U.S.C. 1253(a)(1) and
(7).
On the basis of these criteria, the Secretary of the Interior
approved the Montana program on October 24, 1980. 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 October 24, 1980, Federal
Register (45 FR 70445). You can also find later actions concerning the
Montana program and program amendments at 30 CFR 926.25.
II. Description of the Proposed Amendment
By letter dated June 22, 2023 (Administrative Record No. MT-043-
01), Montana sent us an amendment to its program under SMCRA (30 U.S.C.
1201 et seq.). We found Montana's proposed amendment to be
administratively complete on June 27, 2023. Montana submitted this
proposed amendment to us, of its own volition, following the passage of
Montana Senate Bill 392 (SB 392) during the 2023 legislative session.
SB 392 amends the MSUMRA as well as Sec. 82-4-251 and Sec. 82-4-252
of the MCA. SB 392 also adds four contingencies that apply to the
proposed amendments.
Under section 1 of SB 392 Montana proposes to add a provision to
MCA, section 1, for the equal application of court costs to the
prevailing party in contested case proceedings by a court or
administrative agency that issues a decision pursuant to Sec. 82-4-2.
This proposed section allows that a court or administrative agency may
award the prevailing party reasonable costs of litigation, including
filing fees, attorney fees, and witness costs. Under this proposal a
court or administrative agency may not consider the identity of the
party when awarding costs. This includes the permittee, permit
applicant, agency, public interest litigant, or other party to the
action. The proposal applies equally to all parties in an action and
places the burden of proof and persuasion for awarding court costs on
the requesting party. SB 392 does not state where section 1 will be
codified in the MCA. This will be done by the legislature later;
however, section 1 will be an integral part of the MCA.
Next, the proposal amends Sec. 82-4-251(7) and Sec. 82-4-252(5)
to reference the equal application of court costs in section 1. Sec.
82-4-251(7), which discusses the awarding of court costs, strikes out
the word ``Whenever'' and adds the language ``Subject to the provisions
of [section 1], whenever . . .''. Sec. 82-4-252(5), which also
discusses the awarding of court costs, strikes out the language ``. . .
to any party whenever the court determines that the award is
appropriate . . .'' and adds ``. . . pursuant to [section 1] . . .''.
Lastly, SB 392 adds four contingencies to section 1 and the
proposed amendments to Sec. 82-4-251 and Sec. 82-4-252. The
contingencies will not be codified into the MCA but apply to section 1
as proposed and the amended sections of the MCA. Section 4 of SB 392
contains codification instructions which state that [section 1] is
intended to be codified as an integral part of Sec. 82-4-2 and the
provisions of Sec. 82-4-2 apply to [section 1]. Section 5 is a
severability clause and states that if a part of SB 392 found invalid,
any part(s) found valid will remain in effect. Section 6 of SB 392 is
an effective date, which states that the act is effective on passage
and approval. Lastly, section 7 of SB 392 is an applicability clause,
which states that SB 392 applies to court actions filed on or after the
effective date of SB 392.
The full text of the program and/or plan amendment is available for
you to read at the locations listed above under ADDRESSES or at
<a href="http://www.regulations.gov">www.regulations.gov</a>.
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.
Electronic 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 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.
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., MDT. on
August 22, 2023. 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.
[[Page 52088]]
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 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/or AML plan amendments 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 program amendment to OSMRE for review, our
regulations at 30 CFR 732.17(h) require us to publish a notice in the
Federal Register indicating receipt of the proposed amendment, its text
or a summary of its terms, and an opportunity for public comment. 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
State regulatory program approval, State-federal cooperative
agreement, Required program amendments.
David A. Berry,
Regional Director, Unified Regions 5, 7-11.
[FR Doc. 2023-16849 Filed 8-4-23; 8:45 am]
BILLING CODE 4310-05-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 7, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.