Permanent program and abandoned mine land reclamation plan submissions: Montana,

[Federal Register: December 1, 1998 (Volume 63, Number 230)]

[Proposed Rules]

[Page 66079-66081]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr01de98-26]

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 926

[SPATS No. MT-019-FOR]

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: Office of Surface Mining Reclamation and Enforcement (OSM) is 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). The proposed amendment consists of Montana's 1998 Vegetation Guidelines which are required by the Administrative Rules of Montana (ARM) at 26.24.726(1). The amendment is intended to revise the Montana program to be consistent with the corresponding Federal regulations.

DATES: Written comments must be received by 4:00 p.m., [m.s.t.] December 31, 1998. If requested, a public hearing on the proposed amendment will be held on December 28, 1998. Requests to present oral testimony at the hearing must be received by 4:00 p.m., [m.s.t.] on December 16, 1998.

ADDRESSES: Written comments should be mailed or hand delivered to Guy Padgett, Director, Casper Field Office, at the address listed below.

Copies of the Montana program, the proposed amendment, and all written comments received in response to this document will be available for public review at the addresses listed below during normal business hours, Monday through Friday, excluding holidays. Each requester may receive one free

[[Page 66080]]

copy of the proposed amendment by contacting OSM's Casper Field Office.

Guy Padgett, Director, Casper Field Office, Office of Surface Mining Reclamation and Enforcement, 100 East ``B'' Street, Federal Building, Room 2128, Casper, Wyoming 82601-1918, Telephone: (307) 261-6550 Steve Welch, Chief, Industrial and Energy Minerals Bureau, Montana Department of Environmental Quality, 1520 E. Sixth Ave., P.O. Box 200901, Helena, MT 59620-0901, Telephone: (406) 444-4964

FOR FURTHER INFORMATION CONTACT: Guy Padgett, Telephone: (307) 261- 6550. Internet address: gpadgett@osmre.gov.

SUPPLEMENTARY INFORMATION:

1. Background on the Montana Program

   On April 1, 1980, the Secretary of the Interior conditionally approved the Montana program. General background information on the Montana program, including the Secretary's findings, the disposition of comments, and conditions of approval of the Montana program can be found in the April 1, 1980, Federal Register (45 FR 21560). Subsequent actions concerning Montana's program and program amendments can be found at 30 CFR 926.15, 926.16, and 926.30.

2. Proposed Amendment

   By letter dated November 4, 1998, Montana submitted a proposed amendment to its program pursuant to SMCRA (30 U.S.C. 1201 et seq.) (Administrative Record No. MT-16-01). Montana submitted the proposed amendment in response to a March 29, 1990, letter (Administrative Record No. MT-6-13) that OSM sent to Montana in accordance with 30 CFR 732.17(c), and in response to a subsequent required program amendment at 30 CFR 926.16(i). The proposed amendment contains the 1998 Vegetation Guidelines in which Montana proposes to meet the requirements of ARM 26.4.726(1) regarding acceptable field and laboratory methods.

   Specifically, Montana proposes to address sampling methods by requiring a range site map with community descriptions, production sampling, the estimation of percent cover by one of four methods, the measurement of vegetation density, and documentation of the premine condition. The Guidelines provide the requirements for reference areas, as well as the levels of technical standards. Also in the Guidelines is a list of normal husbandry practices which meet the criteria established in ARM 17.24.725. Specifications for the grazing management plan are given. Phase III bond release evaluations are described with respect to: (1) hypothesis testing for production, cover, and density; and (2) evaluations not requiring hypothesis testing, such as diversity, utility, season of use, the 80/60 rule, and predominantly native composition. Appendix A contains statistical formulas for determining sample adequacy; Levene's test for homogeneity of variances; the one-sample, one-sided t test; the one-sided t test for two independent samples; the one-sample, one-sided sign test; the one- sided Mann-Whitney test for two independent samples; the Satterthwaite correction; and data transformation. Appendix B contains a list of rules addressing vegetation and land use requirements. Appendix C contains a list of Montana range plants.

3. Public Comment Procedures

   In accordance with the provisions of 30 CFR 732.17(h), OSM is seeking comments on whether the proposed amendment satisfies the applicable program approval criteria of 30 CFR 732.15. If the amendment is deemed adequate, it will become part of the Montana program.

   1. Written Comments

      Written comments should be specific, pertain only to the issues proposed in this rulemaking, and include explanations in support of the commenter's recommendations. Comments received after the time indicated under DATES or at locations other than the Casper Field Office will not necessarily be considered in the final rulemaking or included in the Administrative Record.

   2. Public Hearing

      Persons wishing to testify at the public hearing should contact the person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,

      [m.s.t.] December 16, 1998. Any disabled individual who has need for a special accommodation to attend a public hearing should contact the individual listed under FOR FURTHER INFORMATION CONTACT. The location and time of the hearing will be arranged with those persons requesting the hearing. If no one requests an opportunity to testify at the public hearing, the hearing will not be held.

      Filing of a written statement at the time of the hearing is requested as it will greatly assist the transcriber. Submission of written statements in advance of the hearing will allow OSM officials to prepare adequate responses and appropriate questions.

      The public hearing will continue on the specified date until all persons scheduled to testify have been heard. Persons in the audience who have not been scheduled to testify, and who wish to do so, will be heard following those who have been scheduled. The hearing will end after all persons scheduled to testify and persons present in the audience who wish to testify have been heard.

   3. Public Meeting

      If only one person requests an opportunity to testify at a hearing, a public meeting, rather than a public hearing, may be held. Persons wishing to meet with OSM representatives to discuss the proposed amendment may request a meeting by contacting the person listed under FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the public and, if possible, notices of meetings will be posted at the locations listed under ADDRESSES. A written summary of each meeting will be made a part of the Administrative Record.

4. Procedural Determinations

   1. Executive Order 12866

      This rule is exempted from review by the Office of Management and Budget (OMB) under Executive Order 12866 (Regulatory Planning and Review).

   2. Executive Order 12988

      The Department of the Interior has conducted the reviews required by section 3 of Executive Order 12988 (Civil Justice Reform) and has determined that this rule meets the applicable standards of subsections (a) and (b) of that section. However, these standards are not applicable to the actual language of State regulatory programs and program amendments since each such program is drafted and promulgated by a specific State, not by OSM. Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and the Federal regulations at 30 CFR 730.11, 732.15, and 732.17(h)(10), decisions on proposed State regulatory programs and program amendments submitted by the States must be based solely on a determination of whether the submittal is consistent with SMCRA and its implementing Federal regulations and whether the other requirements of 30 CFR Parts 730, 731, and 732 have been met.

   3. National Environmental Policy Act

      No environmental impact statement is required for this rule since section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency decisions on proposed State regulatory program

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      provisions do not constitute major Federal actions within the meaning of section 102(2)(C) of the National Environmental Policy Act (42 U.S.C. 4332(2)(C)).

   4. Paperwork Reduction Act

      This rule does not contain information collection requirements that require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 3507 et seq.).

   5. Regulatory Flexibility Act

      The Department of the Interior has determined that 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 that is the subject of this rule is based upon counterpart Federal regulations for which an economic analysis was prepared and certification made that such regulations would not have a significant economic effect upon a substantial number of small entities. Accordingly, this rule will ensure that existing requirements previously promulgated by OSM will be implemented by the State. 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 counterpart Federal regulations.

   6. Unfunded Mandates

      This rule will not impose a cost of $100 million or more in any given year on any governmental entity or the private sector.

      List of Subjects in 30 CFR Part 926

      Intergovernmental relations, Surface mining, underground mining.

      Dated: November 23, 1998. Russell F. Price, Acting Regional Director, Western Regional Coordinating Center.

      [FR Doc. 98-31914Filed11-30-98; 8:45 am]

      BILLING CODE 4310-05-M