Rule2026-17821
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
September 1, 2026
Effective
September 21, 2026
Issuing agencies
Interior DepartmentSurface Mining Reclamation and Enforcement Office
Abstract
The Office of Surface Mining Reclamation and Enforcement (OSM) published a document in the Federal Register on August 21, 2026, not approving, with one exception, an amendment to the Montana regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). OSM made an error in the document by adding an entry to 30 CFR 926.12 at paragraph (c), a paragraph that already existed. This document corrects the final regulation.
Full Text
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<title>Federal Register, Volume 91 Issue 168 (Tuesday, September 1, 2026)</title>
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[Federal Register Volume 91, Number 168 (Tuesday, September 1, 2026)]
[Rules and Regulations]
[Pages 56050-56051]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17821]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 926
[SATS No. MT-041-FOR; Docket No. OSM-2023-0002; S1D1S SS08011000
SX064A000 266S180110; S2D2S SS08011000 SX064A000 26XS501520]
Montana Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; correction.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
published a document in the Federal Register on August 21, 2026, not
approving, with one exception, an amendment to the Montana regulatory
program under the Surface Mining Control and Reclamation Act of 1977
(SMCRA). OSM made an error in the document by adding an entry to 30 CFR
926.12 at paragraph (c), a paragraph that already existed. This
document corrects the final regulation.
DATES: The correction is effective as of September 21, 2026.
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#7a101c161f13091912171b143a150917081f541d150c"><span class="__cf_email__" data-cfemail="68020e040d011b0b0005090628071b051a0d460f071e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of errata from OSM's final
rule published August 21, 2026 (91 FR 54218), FR Doc. 2026-17055 on
page 54223, columns 2-3. In our August 21, 2026, final rule, OSM
amended 30 CFR 926.12 (State program provisions and amendments not
approved) to add our decision regarding State Program Amendment MT-041-
FOR (Docket No. OSM-2023-0002) at paragraph (c). Paragraph (c) already
existed and contained OSM's decision regarding State Program Amendment
MT-042-FOR (Docket No. OSM-2023-0007). See 90 FR 3673, 3687 (January
15, 2025).
OSM is now correcting 30 CFR 926.12 by changing the designation of
paragraph (c) to paragraph (d) to contain the entry that OSM published
in the August 21, 2026, Federal Register (91 FR 54218).
Correction
In FR Doc 2026-17055, which published August 21, 2026, at 91 FR
54218, on page 54223 in the second column correct amendatory
instruction 2 and accompanying regulatory text to read as follows:
0
2. Amend Sec. 926.12 by adding paragraph (d) to read as follows:
Sec. 926.12 State program provisions and amendments not approved.
* * * * *
(d) 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-
[[Page 56051]]
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.
Marcelo Calle,
Acting Regional Director, Unified Regions, 5, 7-11.
[FR Doc. 2026-17821 Filed 8-31-26; 8:45 am]
BILLING CODE 4310-05-P
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</html>Indexed from Federal Register on September 1, 2026.
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