Proposed Rule2025-14722
Montana Regulatory Program
Primary source
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Published
August 4, 2025
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). Montana submitted this proposed amendment to us, on its own initiative, following the passage of Montana House Bill 587 (HB 587) during the 2025 legislative session. Montana proposes several changes to the Montana Code Annotated (MCA), generally related to a new definition of "Material damage" with respect to the hydrologic balance, alluvial valley floors, and subsidence and the option for a permit applicant to provide self-collected information related to its determination of probable hydrologic consequences, if an appropriate Federal or State agency cannot provide such information. This notice also allows for a public comment period and the possibility for a public hearing, if one is requested.
Full Text
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<title>Federal Register, Volume 90 Issue 147 (Monday, August 4, 2025)</title>
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[Federal Register Volume 90, Number 147 (Monday, August 4, 2025)]
[Proposed Rules]
[Pages 36407-36409]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-14722]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 926
[SATS No. MT-048-FOR; Docket ID: OSM-2025-0008; S1D1S SS08011000
SX064A000 256S180110; S2D2S SS08011000 SX064A000 25XS501520]
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.
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[[Page 36408]]
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). Montana
submitted this proposed amendment to us, on its own initiative,
following the passage of Montana House Bill 587 (HB 587) during the
2025 legislative session. Montana proposes several changes to the
Montana Code Annotated (MCA), generally related to a new definition of
``Material damage'' with respect to the hydrologic balance, alluvial
valley floors, and subsidence and the option for a permit applicant to
provide self-collected information related to its determination of
probable hydrologic consequences, if an appropriate Federal or State
agency cannot provide such information. This notice also allows for a
public comment period and the possibility for a public hearing, if one
is requested.
DATES: We will accept written comments on this amendment until 4:00
p.m., Mountain Daylight Time (M.D.T.) September 3, 2025. If requested,
we may hold a public hearing or meeting on the amendment on August 29,
2025. We will accept requests to speak at a hearing until 4:00 p.m.,
M.D.T. on August 19, 2025.
ADDRESSES: You may submit comments, identified by SATS No. MT-048-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-2025-0008. 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.
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. The full
text of the program amendment is available for you to read at
<a href="http://www.regulations.gov">www.regulations.gov</a>. Or you may receive one free copy of the amendment
by contacting OSMRE's Casper Field Office: 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#b0dad6dcd5d9c3d3d8ddd1def0dfc3ddc2d59ed7dfc6"><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: Eric Dahlgren, Bureau
Chief, Mining Bureau, Montana Department of Environmental Quality, 2401
Colonial Drive, Helena, MT 59601-0901, Telephone: (406) 444-5245,
Email: <a href="/cdn-cgi/l/email-protection#fc99989d94909b8e9992bc9188d29b938a"><span class="__cf_email__" data-cfemail="e1848580898d8693848fa18c95cf868e97">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT:
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#6e0408020b071d0d06030f002e011d031c0b40090118"><span class="__cf_email__" data-cfemail="701a161c15190313181d111e301f031d02155e171f06">[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 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 things, State laws and regulations that govern surface coal
mining and reclamation operations in accordance with the Act 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
conditionally approved the Montana program on April 1, 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 April 1, 1980, Federal Register
(45 FR 21560). You can also find later actions concerning the Montana
program and program amendments at 30 CFR 926.15.
II. Description of the Proposed Amendment
By letter dated May 15, 2025 (Administrative Record No. MT-048-01),
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 May 15, 2025. Montana submitted this proposed amendment to
us, on its own initiative, following the passage of Montana House Bill
587 (HB 587) during the 2025 legislative session.
Montana first proposes changes to 82-4-203(35) of the MCA. Montana
proposes changes to the definition for ``Material damage,'' by removing
the previous definition and creating three sub-definitions. The first,
paragraph (a), defines ``Material damage . . . with respect to the
hydrologic balance outside the permit area,'' as a quantifiable adverse
impact from coal mining and reclamation operation on the quality and
quantity of surface or groundwater. The adverse impact must preclude
any existing or reasonably foreseeable use of water outside the permit
area. It further defines a ``quantifiable adverse impact'' as an effect
that can be quantified and measured to a significant degree of
confidence. Lastly, it states that ``existing or reasonably foreseeable
uses of water'' are those beneficial uses recognized in title 75,
chapter 5, part 3 of the MCA.
Next, in paragraph (b), Montana defines ``Material damage . . .
with respect to an alluvial valley floor'' as degradation or reduction
by coal mining and reclamation to water quality or quantity supplied to
the alluvial valley floor that significantly decreases its ability to
support agricultural activities.
And in paragraph (c), Montana defines ``Material damage . . . with
respect to subsidence'' as a functional impairment to surface lands,
features, structures, or facilities; a physical change that has
significant adverse impact on an affected land's ability to support any
current or reasonably foreseeable uses or causes significant loss to
production or income; or a significant change in the condition,
appearance, or utility of a structure or facility.
In addition to the changes to ``Material damage,'' Montana proposes
changes to its permit application requirements in 82-4-222(1)(m).
Currently, an operator can receive necessary hydrologic and geologic
information from an appropriate Federal or State agency to determine
probable hydrologic consequences. Under Montana's proposal, an operator
may use information collected on their own when the necessary
information is not available from a Federal or State agency.
Finally, HB 587 adds four contingencies that affect the amended
sections above, but that are not codified into the MCA. This includes a
[[Page 36409]]
``Severability'' clause that would allow valid parts to remain
effective if other parts are found invalid, a ``Contingent Voidness''
clause that would void any portion of the act disapproved by the United
States Secretary of the Interior, an ``Effective Date'' clause, which
makes HB 587 effective the date in which it is passed and approved, and
a ``Retroactive Applicability'' clause, which applies the changes made
through HB 587 to actions or petitions that are pending but not yet
decided on or after the 69th Montana Legislature 2025. The full text of
the program 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., M.D.T. on
August 19, 2025. 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 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 (OMB Memo M-94-3), the approval of State program and/or AML
plan amendments is exempted from OMB review under Executive Order
12866. Executive Order 13563 reaffirms and supplements Executive Order
12866.
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.
Marcelo Calle,
Acting Regional Director, Interior Regions 5, 7-11.
[FR Doc. 2025-14722 Filed 8-1-25; 8:45 am]
BILLING CODE 4310-05-P
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