Proposed Rule2023-20349
Montana Regulatory Program
Primary source
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Published
September 20, 2023
Issuing agencies
Interior DepartmentSurface Mining Reclamation and Enforcement Office
Abstract
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 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. 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
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<title>Federal Register, Volume 88 Issue 181 (Wednesday, September 20, 2023)</title>
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[Federal Register Volume 88, Number 181 (Wednesday, September 20, 2023)]
[Proposed Rules]
[Pages 64855-64856]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20349]
[[Page 64855]]
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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; reopening of the public comment period.
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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
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.
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, until November 6, 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-2023-0007. 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#5d373b3138342e3e35303c331d322e302f38733a322b"><span class="__cf_email__" data-cfemail="650f0309000c16060d08040b250a160817004b020a13">[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#3a5e4d5b5649527a574e145d554c"><span class="__cf_email__" data-cfemail="6501120409160d2508114b020a13">[email protected]</span></a>.
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#9bf1fdf7fef2e8f8f3f6faf5dbf4e8f6e9feb5fcf4ed"><span class="__cf_email__" data-cfemail="563c303a333f25353e3b37381639253b243378313920">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On August 7, 2023 (88 FR 52086) we published
a proposed rule announcing receipt of a program amendment from Montana.
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.
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.
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.
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 is found to be
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.
By letter dated August 18, 2023 (FDMS Document ID No. OSM-2023-
0008-0008), 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 page, and scheduling difficulties around a Public
Holiday, as reasons 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 30-day comment period, they should be specific, confined to
issues pertinent to the proposed regulations, and explain the reason
for any recommended
[[Page 64856]]
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 regulatory program approval, State-Federal cooperative
agreement, required program amendments.
David A. Berry,
Regional Director, Unified Regions 5, 7-11.
[FR Doc. 2023-20349 Filed 9-19-23; 8:45 am]
BILLING CODE 4310-05-P
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