Montana Regulatory Program

Issuing agencies

Abstract

The Office of Surface Mining Reclamation and Enforcement (OSM) is not approving, with one exception, an amendment to the Montana regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The Montana legislature, specifically Montana House Bill 328, proposes to add a definition of affected drainage basin to the Montana Code Annotated (MCA). Additionally, House Bill 328 proposes changes to the Montana Code Annotated, pertaining to bond release application requirements.

Full Text

<html>
<head>
<title>Federal Register, Volume 91 Issue 161 (Friday, August 21, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 161 (Friday, August 21, 2026)]
[Rules and Regulations]
[Pages 54218-54223]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17055]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 926

[SATS No. MT-041-FOR; Docket ID: OSM-2023-0002; S1D1S SS08011000 
SX064A000 212S180110; S2D2S SS08011000 SX064A000 21XS501520]


Montana Regulatory Program

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

ACTION: Final rule; not approving, with one exception.

-----------------------------------------------------------------------

SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is not approving, with one exception, an amendment to the Montana 
regulatory program under the Surface Mining Control and Reclamation Act 
of 1977 (SMCRA or the Act). The Montana legislature, specifically 
Montana House Bill 328, proposes to add a definition of affected 
drainage basin to the Montana Code Annotated (MCA). Additionally, House 
Bill 328 proposes changes to the Montana Code Annotated, pertaining to 
bond release application requirements.

DATES: The effective date is September 21, 2026.

FOR FURTHER INFORMATION CONTACT: Jeffrey Fleischman, Division Chief, 
Office of Surface Mining Reclamation and Enforcement, 100 East B 
Street,

[[Page 54219]]

Casper, Wyoming 82602, Telephone: (307) 204-4397, Email: 
<a href="/cdn-cgi/l/email-protection#2c464a4049455f4f44414d426c435f415e49024b435a"><span class="__cf_email__" data-cfemail="86ece0eae3eff5e5eeebe7e8c6e9f5ebf4e3a8e1e9f0">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background on the Montana Program
II. Submission of the Amendment
III. OSM's Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. Statutory and Executive Order Reviews

I. Background on the Montana Program

    Subject to OSM'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 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, 926.16, and 926.30.

II. Submission of the Amendment

    By letter dated February 16, 2023 (FDMS Document ID No. OSM-2023-
0002-0002), Montana sent us an amendment to its program under SMCRA (30 
U.S.C. 1201 et seq.) that proposed revisions to Montana law, including 
revisions to MCA Sec. Sec.  82-4-203(3) and 82-4-232. Specifically, 
Montana proposes to add language at MCA Sec.  82-4-203(3), defining the 
term ``affected drainage basin.'' Montana also proposes to incorporate 
the term ``affected drainage basin'' into the bond release requirements 
found at MCA Sec.  82-4-232. Minor wording changes and recodifications 
were also proposed in the MCA provisions above.
    We announced receipt of the proposed amendment in the May 19, 2023, 
Federal Register (88 FR 32161) (FDMS Document ID No. OSM-2023-0002-
0004). In the same document, we opened the public comment period and 
provided an opportunity for a public hearing or meeting on the adequacy 
of the amendment. No public hearing was held because no request for a 
public hearing was received. We received two public comments regarding 
the formal program amendment, and the public comment period ended on 
June 20, 2023.
    During our review of the amendment, we identified many concerns 
with the formal program amendment as submitted. Our concerns included 
(1) Montana's proposed definition of ``affected drainage basin'' in MCA 
Sec.  82-4-203(3), (2) Montana's proposal to strike the words ``if it 
is satisfied'' from MCA Sec.  82-4-232(6)(k), (3) Montana's proposed 
changes to MCA at Sec. Sec.  82-4-232(6)(k)(ii) and 82-4-
232(6)(k)(iii), (4) Montana's addition of subpart ``C'' language in MCA 
Sec.  82-4-232(6)(k)(iv), which could allow for final bond release to 
occur in the phased bond release process normally reserved for 
reclamation activities associated with phase II bond release, and (5) 
Montana's proposed changes in the MCA Sec.  82-4-232(6)(k)(v), which 
would remove the period specified for operator responsibility.
    We notified Montana of our concerns in a letter dated August 31, 
2023, and allowed Montana the opportunity to submit a revised amendment 
or draft proposed changes in response to our concerns. Montana 
responded in a letter dated September 28, 2023, stating that because 
the proposed changes to the MCA were legislative in nature, they would 
be unable to submit revisions to the amendment. For this reason, we are 
proceeding with the final rule Federal Register notice of not approving 
the amendment, with one exception.

III. OSMRE's Findings

    SMCRA sections 503 and 505, and the Federal regulations at 30 CFR 
730.5, establish the criteria for approval of State SMCRA programs. A 
State program must set forth requirements that satisfy the Federal 
minimum standards and must include provisions that are no less 
stringent than SMCRA and no less effective than the Federal 
regulations. If these minimum Federal standards are met, a State may 
indicate that its State program shall not be more stringent than the 
Federal program.
    The following is a summary of the proposed statutory and rule 
changes submitted by Montana, as well as OSMRE's findings concerning 
Montana's amendment under SMCRA and the Federal regulations at 30 CFR 
732.15 and 732.17. For the reasons discussed below, we are not 
approving the amendment, with one exception, as described below.

A. Revisions to the MCA That Do Not Have Corresponding Federal 
Provisions

1. MCA Sec.  82-4-203(3)--Definitions
    In Senate Bill 328, Montana proposes to define the term ``affected 
drainage basin'', which would mean ``an area of land where surface 
water and ground water quality and quantity are affected by mining 
activities and where they drain to a common point''. No direct federal 
counterpart definition for affected drainage basin exists. The Federal 
definition of hydrologic balance (30 CFR 701.5) does include the term 
``drainage basin'' and means the relationship between the quality and 
quantity of water inflow to, water outflow from, and water storage in a 
hydrologic unit such as a drainage basin, aquifer, soil zone, lake, or 
reservoir. The Federal definition further defines hydrologic balance as 
encompassing the dynamic relationships among precipitation, runoff, 
evaporation, and changes in groundwater and surface water storage and 
that a drainage basin is therefore one example of a hydrologic unit in 
terms of the hydrologic balance. The Administrative Rules of Montana 
(ARM), at 17.24.1116(6)(d)(i), which pertain to phase IV bond release, 
require all disturbed lands within any designated drainage basin to 
have been reclaimed in accordance with phase I, phase II, and phase III 
requirements. The terms ``designated drainage basin'', ``affected 
drainage basin'', and ``drainage basin'' are not defined in the ARM. 
With this amendment submittal, Montana is proposing to define 
``affected drainage basin'' in the MCA. The term ``designated drainage 
basin'' is used (but not defined) in the ARM. If approved, the 
definition of ``affected drainage basin'' would introduce 
inconsistencies in terminology between the State statute and the rule. 
Additionally, the proposed definition of ``affected drainage basin'' is 
unclear. Better defining ``affected drainage basin'' and consistent 
terminology and definitions between the State statute and the rule 
would help the effectiveness of the Montana program. A State program 
must set forth requirements that satisfy the Federal minimum standards 
and must include provisions that are no less stringent than SMCRA and 
no less effective than the Federal regulations. Differing terminology 
between State statute and rule and an unclear definition would render 
the proposed definition of ``affected drainage basin'' less effective 
than the Federal regulations. Therefore, we are not approving this 
provision.

[[Page 54220]]

    Because we are not approving Montana's proposed definition of 
``affected drainage basin'' at MCA Sec.  82-4-203(3), the following 
proposed definition recodifications in the MCA are no longer necessary 
and would also not be approved:

    MCA Sec.  82-4-203(4)(a)--Alluvial Valley Floor [30 CFR 701.5]
    MCA Sec.  82-4-203(5)--Approximate Original Contour [30 CFR 701.5]
    MCA Sec.  82-4-203(6)--Aquifer [30 CFR 701.5]
    MCA Sec.  82-4-203(7)--Area of Land Affected [30 CFR 701.5]
    MCA Sec.  82-4-203(8)--Bench [30 CFR 701.5]
    MCA Sec.  82-4-203(9)--Board [No corresponding Federal definition]
    MCA Sec.  82-4-203(10)--Coal Conservation Plan [No corresponding 
Federal definition]
    MCA Sec.  82-4-203(11)--Coal Preparation [30 CFR 701.5]
    MCA Sec.  82-4-203(12)--Coal Preparation Plant [30 CFR 701.5]
    MCA Sec.  82-4-203(13)--Contour Strip Mining [30 CFR 701.5]
    MCA Sec.  82-4-203(14)--Cropland [30 CFR 701.5]
    MCA Sec.  82-4-203(15)--Degree [No corresponding Federal 
definition]
    MCA Sec.  82-4-203(16)--Department [No corresponding Federal 
definition]
    MCA Sec.  82-4-203(17)--Developed Water Resources [30 CFR 701.5]
MCA Sec.  82-4-203(18)--Ephemeral Drainageway [30 CFR 701.5]
MCA Sec.  82-4-203(19)--Failure to Conserve Coal [No corresponding 
Federal definition]
MCA Sec.  82-4-203(20)--Fill Bench [No corresponding Federal 
definition]
MCA Sec.  82-4-203(21)--Fish and Wildlife Habitat [No corresponding 
Federal definition]
MCA Sec.  82-4-203(22)--Forestry [No corresponding Federal definition]
MCA Sec.  82-4-203(23)--Grazing Land [No corresponding Federal 
definition]
MCA Sec.  82-4-203(24)--Higher or Better Uses [30 CFR 701.5]
MCA Sec.  82-4-203(25)--Hydrologic Balance [30 CFR 701.5]
MCA Sec.  82-4-203(26)--Imminent Danger to the Health and Safety of the 
Public [30 CFR 701.5]
MCA Sec.  82-4-203(27)--Industrial or Commercial [No corresponding 
Federal definition]
MCA Sec.  82-4-203(28)--In situ Coal Gasification [30 CFR 701.5]
MCA Sec.  82-4-203(29)--Intermittent Stream [30 CFR 701.5]
MCA Sec.  82-4-203(30)--Land Use [30 CFR 701.5]
MCA Sec.  82-4-203(31)--Marketable Coal [No corresponding Federal 
definition]
MCA Sec.  82-4-203(32)--Material Damage [30 CFR 701.5]
MCA Sec.  82-4-203(33)--Method of Operation [No corresponding Federal 
definition]
MCA Sec.  82-4-203(34)--Mineable Coal [No corresponding Federal 
definition]
MCA Sec.  82-4-203(35)--Mineral [No corresponding Federal definition]
MCA Sec.  82-4-203(36)--Operation [No corresponding Federal definition]
MCA Sec.  82-4-203(37)--Operator [30 CFR 701.5]
MCA Sec.  82-4-203(38)--Overburden [30 CFR 701.5]
MCA Sec.  82-4-203(39)--Pastureland [No corresponding Federal 
definition]
MCA Sec.  82-4-203(40)--Perennial Stream [30 CFR 701.5]
MCA Sec.  82-4-203(41)--Person [No corresponding Federal definition]
MCA Sec.  82-4-203(42)--Prime Farmland [30 CFR 701.5]
MCA Sec.  82-4-203(43)--Prospecting [No corresponding Federal 
definition]
MCA Sec.  82-4-203(44)--Reclamation [30 CFR 701.5]
MCA Sec.  82-4-203(45)--Recovery Fluid [No corresponding Federal 
definition]
MCA Sec.  82-4-203(46)--Recreation [No corresponding Federal 
definition]
MCA Sec.  82-4-203(47)--Reference Area [30 CFR 701.5]
MCA Sec.  82-4-203(48)--Remining [30 CFR 701.5]
MCA Sec.  82-4-203(49)--Residential [No corresponding Federal 
definition]
MCA Sec.  82-4-203(50)--Restore or Restoration [No corresponding 
Federal definition]
MCA Sec.  82-4-203(51)--Strip Mining [No corresponding Federal 
definition]
MCA Sec.  82-4-203(52)--Subsidence [No corresponding Federal 
definition]
MCA Sec.  82-4-203(53)--Surface Owner [No corresponding Federal 
definition]
MCA Sec.  82-4-203(54)--Topsoil [30 CFR 701.5]
MCA Sec.  82-4-203(55)--Underground Mining [30 CFR 701.5]
MCA Sec.  82-4-203(56)--Unwarranted Failure to Comply [No corresponding 
Federal definition]
MCA Sec.  82-4-203(57)--Waiver [No corresponding Federal definition]
MCA Sec.  82-4-203(58)--Wildlife Habitat Enhancement Feature [No 
corresponding Federal definition]
MCA Sec.  82-4-203(59)--Written Consent [No corresponding Federal 
definition]

B. Revisions to the MCA That Do Not Have the Same Meaning as 
Corresponding Federal Provisions

1. MCA Sec.  82-4-232(6)(k)--Area Mining Required--Bond--Alternative 
Plan
    In Senate Bill 328, Montana is proposing revisions to bond release 
requirements and incorporates the proposed new definition of ``affected 
drainage basin'' (MCA Sec.  82-4-203(3) into its revisions of MCA Sec.  
82-4-232(6)(k). Current Montana rules, at ARM 17.24.1116(6)(d)(i), 
which pertain to phase IV bond release, require all disturbed lands 
within any ``designated drainage basin'' to have been reclaimed in 
accordance with phase I, II, and III requirements. If approved, a 
conflict would exist between the MCA and the ARM, in that the ARM 
confines phase IV bond release to be within a ``designated drainage 
basin''; with the MCA proposing to allow for any phase bond release, 
including phase IV, to occur within or across an ``affected drainage 
basin''. Further, different terminology is used between proposed 
statute and rule with Montana proposing to define and use ``affected 
drainage basin'' in the MCA, and the ARM currently employs but does not 
define ``designated drainage basin''. The Federal rules and 
requirements for phased bond release in 30 CFR 800.40 are consistent 
with the Federal requirements for phased bond release in SMCRA section 
519(c). Consistent terminology is needed between proposed statute and 
existing rule for this revision to be as stringent as SMCRA and as 
effective as the Federal regulations. Therefore, we are not approving 
this provision.
    In the same statute (MCA Sec.  82-4-232(6)(k)), Montana is 
proposing to remove the words ``if it is satisfied'' from the sentence: 
``At the request of the permittee, and for a designated area within the 
permit boundary within or across affected drainage basins, the 
department shall release the bond in whole or in part if it is 
satisfied the reclamation covered by the bond or portion of the bond 
has been accomplished as required by this part according to the 
following schedule:'' This change could be interpreted as though the 
regulatory authority loses the discretion to make the determination 
that the reclamation covered by the bond or portion of the bond has 
been accomplished as required. If the permittee submits a bond release 
application package, Montana could potentially lose the ability to deny 
the bond release package or portions thereof even if Montana determines 
that the reclamation covered by the bond or portion of the bond has not 
been accomplished. Read plainly, if the permittee requests bond 
release, then by removing the phrase ``if it is satisfied'', Montana 
would be required to release the bond in whole or in part if the 
reclamation has been accomplished

[[Page 54221]]

(according to the requirements later in the proposed statute). Striking 
this language would render this provision less stringent than 
counterpart Federal statute at SMCRA section 519(c). Therefore, we are 
not approving this proposed revision.
2. MCA Sec.  82-4-232(6)(k)(ii)--Area Mining Required--Bond--
Alternative Plan
    Montana's proposed changes to MCA Sec.  82-4-232(6)(k)(ii) are as 
stringent as its counterpart in SMCRA section 519(c)(2) (30 U.S.C. 
1269(c)(2)) and as effective as counterpart Federal rules at 30 CFR 
800.40(c)(2) when coupled with subsequent proposed changes to MCA Sec.  
82-4-232(6)(k)(iii). However, because we are not approving MCA Sec.  
82-4-232(6)(k)(iii), which, as proposed, would have included language 
that would have been struck from the proposed revisions to MCA Sec.  
82-4-232(6)(k)(ii), we are not approving these changes.
3. MCA Sec.  82-4-232(6)(k)(iii)--Area Mining Required--Bond--
Alternative Plan
    Montana's proposed changes to MCA Sec.  82-4-232(6)(k)(iii) are as 
stringent as its counterpart in SMCRA section 519(c)(2) (30 U.S.C. 
1269(c)(2)) and as effective as counterpart Federal rules at 30 CFR 
800.40(c)(2). However, Montana proposes to also reference MCA Sec.  82-
4-232(6)(k)(iv) in this provision. Because we are not approving 
Montana's proposed changes to MCA Sec.  82-4-232(6)(k)(iv), this cross-
reference would not exist and would render this provision unworkable 
and less effective than counterpart Federal rules and statute. 
Therefore, we are not approving this proposed revision.
4. MCA Sec.  82-4-232(6)(k)(iv)--Area Mining Required--Bond--
Alternative Plan
    Montana proposes to retain similar language found in SMCRA section 
519(c)(2) (30 U.S.C. 1269(c)(2)), which pertains to suspended solids to 
streamflow or runoff outside the permit area and soil productivity for 
prime farmlands (subparts A and B), in its proposed statute. But 
Montana proposes to add a subpart C to this provision, stating: ``The 
department shall retain a portion of the bond sufficient for a third 
party to fully satisfy remaining permit conditions if (C) the permittee 
has not successfully completed all reclamation activities, including 
water replacement, in the designated area''. As this section is the 
implied Phase II bond release section, Montana's addition of the 
subpart C language renders this provision less stringent than the 
Federal counterpart at section 519(c)(2) of the Act because the 
remaining bond held could be released if the permittee meets subparts 
A, B, and C (i.e., successful completion of all reclamation activities, 
including water replacement, in the designated area) of this provision. 
Therefore, we are not approving this proposed revision.
5. MCA Sec.  82-4-232(6)(k)(v)--Area Mining Required--Bond--Alternative 
Plan
    Montana's proposed changes to MCA Sec.  82-4-232(6)(k)(v) are less 
stringent than counterpart Federal statute found in section 519(c)(3) 
(implied Phase III bond release requirements) of SMCRA (30 U.S.C. 
1269(c)(3)). SMCRA again applies the period specified for operator 
responsibility (section 515(b)(20)(A) of the Act (30 U.S.C. 
1265(b)(20(A)). Federal counterpart rules at 30 CFR 800.40(c)(3) also 
apply this standard, and no bond can be released under this 
corresponding provision unless the period of operator responsibility 
has passed. Montana proposes to remove the period specified for 
operator responsibility in this section, rendering this provision less 
stringent than Federal counterpart statute in section 519(c)(3) of 
SMCRA and less effective than Federal counterpart rules at 30 CFR 
800.40(c)(3). Therefore, we are not approving this proposed revision.

C. Revisions to the MCA That Have the Same Meaning as Corresponding 
Federal Provisions

    Montana proposes additions and revisions to the following rule, 
which contains language that is the same or similar to the 
corresponding sections of the Federal regulations and/or SMCRA. 
Therefore, we are approving the rule change to MCA Sec.  82-4-
232(6)(k)(i) related to Area Mining Required--Bond--Alternative Plan, 
which is a State counterpart to section 519(c)(2) (30 U.S.C. 
1269(c)(2)) and 30 CFR 800.40(c)(2).

IV. Summary and Disposition of Comments

Public Comments

    We asked for public comments on the amendment and received two. The 
first commenter raised general concerns with the development of fossil 
fuels on public lands and climate change. The second commenter was 
concerned generally about fossil fuel development and waterway 
pollution in Montana. These comments presented only generalized 
concerns that were beyond the scope of this proposed program amendment, 
which was focused on specific changes to the Montana State program. To 
the extent the proposed definition of ``affected drainage basin'' 
relates to the commenters concern about water pollution, we have denied 
this provision as not in accordance with SMCRA and inconsistent with 
the Federal regulations.

Federal Agency Comments

    On February 21, 2023, under 30 CFR 732.17(h)(11)(i) and section 
503(b) of SMCRA, we requested comments on the amendment from various 
Federal agencies with an actual or potential interest in the Montana 
program (Administrative Record No. MT-41-06). We did not receive any 
comments.

Environmental Protection Agency (EPA) Concurrence and Comments

    Under 30 CFR 732.17(h)(11)(ii), we are required to get a written 
concurrence from EPA for those provisions of the program amendment that 
relate to air or water quality standards issued under the authority of 
the Clean Water Act (33 U.S.C. 1251 et seq.) or the Clean Air Act (42 
U.S.C. 7401 et seq.). None of the revisions that Montana proposed to 
make in this amendment pertain to air or water quality standards. 
Therefore, we did not ask EPA to concur on the amendment. However, on 
February 21, 2023, under 30 CFR 732.17(h)(11)(i), we requested comments 
from the EPA on the amendment (Administrative Record No. MT-41-06). We 
did not receive any comments.
State Historical Preservation Officer (SHPO) and the Advisory Council 
on Historic Preservation (ACHP)
    Under 30 CFR 732.17(h)(4), we are required to request comments from 
the SHPO and ACHP on amendments that may have an effect on historic 
properties. On August 5, 2021, we requested comments on the Montana 
amendment from the SHPO and the ACHP (Administrative Record Numbers MT-
41-04 and MT-41-05, respectively). We did not receive any comments.

V. OSMRE's Decision

    Based on the above findings, we are not approving, with one 
exception, Montana's submittal sent to us on February 16, 2023 
(Administrative Record No. MT-041-01). To implement this decision, we 
are amending the Federal regulations, at 30 CFR part 926 that codify 
decisions concerning the Montana program. In accordance with the 
Administrative Procedure Act, this rule will take effect 30 days after 
the date of publication. Section 503(a) of

[[Page 54222]]

SMCRA requires that the State's program demonstrate that the State has 
the capability of carrying out the provisions of the Act and meeting 
its purposes. SMCRA requires consistency of State and Federal 
standards.

VI. Statutory and Executive Order Reviews

Executive Order 12630--Governmental Actions and Interference With 
Constitutionally Protected Property Rights

    This rule would not effect a taking of private property or 
otherwise have taking implications that would result in private 
property being taken for government use without just compensation under 
the law. Therefore, a takings implication assessment is not required. 
This determination is based on an analysis of the corresponding Federal 
regulations.

Executive Orders 12866--Regulatory Planning and Review and 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 OSMRE's decision on State program amendments are exempted 
from OMB review under Executive Order 12866.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has reviewed this rule as required 
by Section 3 of Executive Order 12988. The Department determined that 
this Federal Register document meets the criteria of Section 3 of 
Executive Order 12988, which is intended to ensure that the agency 
review its legislation and proposed regulations to eliminate drafting 
errors and ambiguity; that the agency write its legislation and 
regulations to minimize litigation; and that the agency's legislation 
and regulations provide a clear legal standard for affected conduct 
rather than a general standard, and promote simplification and burden 
reduction. Because Section 3 focuses on the quality of Federal 
legislation and regulations, the Department limited its review under 
this Executive Order to the quality of this Federal Register document 
and to changes to the Federal regulations. The review under this 
Executive Order did not extend to the language of the State program 
amendment that Montana drafted.

Executive Order 13132--Federalism

    This rule has potential Federalism implications as defined under 
Section 1(a) of Executive Order 13132. Executive Order 13132 directs 
agencies to ``grant the States the maximum administrative discretion 
possible'' with respect to Federal statutes and regulations 
administered by the States. Montana, through its approved regulatory 
program, implements and administers SMCRA and its implementing 
regulations at the State level. With one exception, this rule does not 
approve an amendment to the Montana program submitted and drafted by 
the State. A State program must set forth requirements that satisfy the 
Federal minimum standards and must include provisions that are no less 
stringent than SMCRA and no less effective than the Federal 
regulations.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Tribes through a commitment 
to consultation with Tribes and recognition of their right to self-
governance and tribal sovereignty. We have evaluated this rule under 
the Department's consultation policy and under the criteria in 
Executive Order 13175 and have determined that it has no substantial 
direct effects on Federally recognized Tribes or on the distribution of 
power and responsibilities between the Federal government and Tribes. 
Therefore, consultation under the Department's tribal consultation 
policy is not required. The basis for this determination is that our 
decision is on the Montana State program that does not include the 
regulation of Indian lands or regulation of activities on Indian lands 
as that term is defined in 30 U.S.C. 1291(9). Indian lands are 
regulated independently under the applicable, approved Federal Indian 
lands program, with the exception of the Crow Tribe's ``Ceded Strip'' 
in Montana, which represents a unique and special situation because 
under the terms of the memorandum of understanding, the Department of 
the Interior and Montana agreed to coordinate the administration of 
applicable surface mining requirements in the Crow Ceded Strip. Even 
though, with one exception, we are not approving the amendment, our 
action will not have any significant effects on the regulation of 
surface coal mining operations within the Crow Ceded Strip. 512 
Departmental Manual 4 (Department of the Interior Policy on 
Consultation with Indian Tribes) also acknowledges that our rules may 
have Tribal implications where the State proposing the amendment 
encompasses ancestral lands in areas with mineable coal. We are 
currently working to identify and engage appropriate Tribal 
stakeholders to devise a constructive approach for consulting on these 
amendments. Our not approving, with one exception, the amendment is an 
action without tribal implications under section 4.3B of 512 
Departmental Manual 4.

Executive Order 13211--Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    Executive Order 13211 requires agencies to prepare a Statement of 
Energy Effects for a rulemaking 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 
a significant energy action under the definition in Executive Order 
13211, a Statement of Energy Effects is not required.

National Environmental Policy Act

    Consistent with sections 501(a) and 702(d) of SMCRA (30 U.S.C. 
1251(a) and 1292(d), respectively) and the U.S. Department of the 
Interior Departmental Manual, part 516, section 13.5(A), State program 
amendments are not 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 include requests and requirements of an 
individual, partnership, or corporation to obtain information and 
report it to a Federal agency. As this rule does not contain 
information collection requirements, a submission to the Office of 
Management and Budget under the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.) is not required.

Regulatory Flexibility Act

    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 corresponding Federal regulations for which 
an economic analysis was prepared and certification made that such 
regulations would not have a significant economic effect upon a

[[Page 54223]]

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 corresponding 
Federal regulations.

Congression Review Act

    This rule is not a major rule under 5 U.S.C. 804(2). 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 on an analysis of the 
corresponding Federal regulations, which were determined not to 
constitute a major rule.

Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
Tribal governments, or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on State, 
local, or Tribal governments or the private sector. This determination 
is based on an analysis of the corresponding Federal regulations, which 
were determined not to impose an unfunded mandate. Therefore, a 
statement containing the information required by the Unfunded Mandates 
Reform Act (2 U.S.C. 1531 et seq.) is not required.

List of Subjects in 30 CFR Part 926

    Intergovernmental relations, Surface mining, Underground mining.

Marcelo Calle,
Acting Regional Director, Interior Regions 5, 7-11.

    For the reasons set out in the preamble, 30 CFR part 926 is amended 
as set forth below:

PART 926--MONTANA

0
1. The authority citation for Part 926 continues to read as follows:

    Authority:  30 U.S.C. 1201 et seq.


0
2. Amend Sec.  926.12 by adding paragraph (c) to read as follows:


Sec.  926.12   State program provisions and amendments not approved.

* * * * *
    (c) The following portions of the program amendment by letter dated 
February 16, 2023, Administrative Record No. MT-041-01, which proposed 
changes to the Montana approved program as a result of the Montana 
Legislature's 2023 passage of a Senate Bill (SB 328) are not approved:
    (1) Montana's proposed definition of ``affected drainage basin'' in 
MCA Sec.  82-4-203(3).
    (2) Montana's proposed definition recodifications in the MCA Sec.  
82-4-203(4)(a)--Alluvial Valley Floor, MCA Sec.  82-4-203(5)--
Approximate Original Contour, MCA Sec.  82-4-203(6)--Aquifer, MCA Sec.  
82-4-203(7)--Area of Land Affected, MCA Sec.  82-4-203(8)--Bench, MCA 
Sec.  82-4-203(9)--Board, MCA Sec.  82-4-203(10)--Coal Conservation 
Plan, MCA Sec.  82-4-203(11)--Coal Preparation, MCA Sec.  82-4-
203(12)--Coal Preparation Plant, MCA Sec.  82-4-203(13)--Contour Strip 
Mining, MCA Sec.  82-4-203(14)--Cropland, MCA Sec.  82-4-203(15)--
Degree, MCA Sec.  82-4-203(16)--Department, MCA Sec.  82-4-203(17)--
Developed Water Resources, MCA Sec.  82-4-203(18)--Ephemeral 
Drainageway, MCA Sec.  82-4-203(19)--Failure to Conserve Coal, MCA 
Sec.  82-4-203(20)--Fill Bench, MCA Sec.  82-4-203(21)--Fish and 
Wildlife Habitat, MCA Sec.  82-4-203(22)--Forestry, MCA Sec.  82-4-
203(23)--Grazing Land, MCA Sec.  82-4-203(24)--Higher or Better Uses, 
MCA Sec.  82-4-203(25)--Hydrologic Balance, MCA Sec.  82-4-203(26)--
Imminent Danger to the Health and Safety of the Public, MCA Sec.  82-4-
203(27)--Industrial or Commercial, 82-4-203(28)--In situ Coal 
Gasification, MCA Sec.  82-4-203(29)--Intermittent Stream, MCA Sec.  
82-4-203(30)--Land Use, MCA Sec.  82-4-203(31)--Marketable Coal, MCA 
Sec.  82-4-203(32)--Material Damage, MCA Sec.  82-4-203(33)--Method of 
Operation, MCA Sec.  82-4-203(34)--Mineable Coal, MCA Sec.  82-4-
203(35)--Mineral, MCA Sec.  82-4-203(36)--Operation, MCA Sec.  82-4-
203(37)--Operator, MCA Sec.  82-4-203(38)--Overburden, MCA Sec.  82-4-
203(39)--Pastureland, MCA Sec.  82-4-203(40)--Perennial Stream, MCA 
Sec.  82-4-203(41)--Person, MCA Sec.  82-4-203(42)--Prime Farmland, MCA 
Sec.  82-4-203(43)--Prospecting, MCA Sec.  82-4-203(44)--Reclamation, 
MCA Sec.  82-4-203(45)--Recovery Fluid, MCA Sec.  82-4-203(46)--
Recreation, MCA Sec.  82-4-203(47)--Reference Area, MCA Sec.  82-4-
203(48)--Remining, MCA Sec.  82-4-203(49)--Residential, MCA Sec.  82-4-
203(50)--Restore or Restoration, MCA Sec.  82-4-203(51)--Strip Mining, 
MCA Sec.  82-4-203(52)--Subsidence, MCA Sec.  82-4-203(53)--Surface 
Owner, MCA Sec.  82-4-203(54)--Topsoil, MCA Sec.  82-4-203(55)--
Underground Mining, MCA Sec.  82-4-203(56)--Unwarranted Failure to 
Comply, MCA Sec.  82-4-203(57)--Waiver, MCA Sec.  82-4-203(58)--
Wildlife Habitat Enhancement Feature, MCA Sec.  82-4-203(59)--Written 
Consent.
    (3) Montana's proposal to strike the words ``if it is satisfied'' 
from MCA Sec.  82-4-232(6)(k).
    (4) Montana's proposed changes to MCA at Sec. Sec.  82-4-
232(6)(k)(ii) and 82-4-232(6)(k)(iii).
    (5) Montana's addition of subpart ``C'' language in MCA Sec.  82-4-
232(6)(k)(iv), which could allow for final bond release to occur in the 
phased bond release process normally reserved for reclamation 
activities associated with phase II bond release.
    (6) Montana's proposed changes in the MCA Sec.  82-4-232(6)(k)(v), 
which would remove the period specified for operator responsibility.

0
3. In Sec.  926.15, amend the table by adding an entry for ``February 
16, 2023'' at the end of the table to read as follows:


Sec.  926.15  Approval of Montana regulatory program amendments.

* * * * *

------------------------------------------------------------------------
 Original amendment submission    Date of final
             date                  publication      Citation/description
------------------------------------------------------------------------
 
                              * * * * * * *
February 16, 2023.............  August 21, 2026..  Mont. Code Ann. 82-4-
                                                    232(6)(k)(i)--Area
                                                    Mining Required--
                                                    Bond--Alternative
                                                    Plan, Mont. Code
                                                    Ann.
------------------------------------------------------------------------

[FR Doc. 2026-17055 Filed 8-20-26; 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>