Volunteer Discrimination Complaint Process

• Published date: 17 December 2020
• Citation: 85 FR 81854
• Record Number: 2020-26122
• Section: Proposed rules
• Court: Corporation For National And Community Service,Peace Corps

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Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Proposed Rules

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[FR Doc. 2020–27691 Filed 12–16–20; 8:45 am]

BILLING CODE 4910–13–P

PEACE CORPS

22 CFR Part 306

CORPORATION FOR NATIONAL AND

COMMUNITY SERVICE

45 CFR Part 1225

RIN 0420–AA27

Volunteer Discrimination Complaint

Process

AGENCY

: The Peace Corps and The

Corporation for National and

Community Service (CNCS).

ACTION

: Joint proposed rule.

SUMMARY

: This joint document amends

the regulations that the Peace Corps and

Corporation for National and

Community Service (CNCS) follow to

process complaints of discrimination by

volunteers and applicants for volunteer

service. The current regulations were

promulgated in January 1981 when the

Peace Corps and domestic volunteer

programs (such as VISTA, now

subsumed by CNCS) were one entity

under an organization called ACTION.

At that time, Congress extended the

statutory protections of the Civil Rights

Act and other laws to such volunteers.

Congress has since separated out the

two agencies and has expressly removed

the Peace Corps. As such, the

regulations need to be updated.

DATES

: This document is applicable

March 17, 2021 without further action,

unless adverse comment is received by

January 19, 2021. If adverse comment is

received, the Peace Corps and CNCS

will publish a timely withdrawal of the

document in the Federal Register.

ADDRESSES

: You may send comments,

identified by RIN 0420–AA27, by any of

the following methods:

•Federal eRulemaking Portal: http://

www.regulations.gov. Follow the

instructions for sending comments.

•Email: policy@peacecorps.gov.

Include RIN 0420–AA27 in the subject

line of the message.

•Mail: The Peace Corps/The Office of

General Counsel/1275 First Street NE/

Washington, DC 20526.

Instructions: All submissions received

must include the receiving agency’s

name, which is the Peace Corps,

designate the Office of General Counsel,

and note the Regulatory Information

Number (RIN) for this rulemaking.

FOR FURTHER INFORMATION CONTACT

:

David van Hoogstraten, (202) 692–2150,

dvanhoogstraten@peacecorps.gov.

Background: The Peace Corps is an

independent government agency that

was legislatively established in 1961 by

the Peace Corps Act. Separately, in

1973, the Domestic Volunteer Service

Act (Pub. L. 93–113) established

domestic volunteer programs, such as

VISTA, and joined the Peace Corps with

those domestic volunteer programs

under an umbrella organization called

ACTION.

In 1979, the Domestic Volunteer

Service Act Amendments (Pub. L. 96–

143) extended the nondiscrimination

policies and authorities set forth in Title

VII of the Civil Rights Act of 1964, Title

V of the Rehabilitation Act of 1973, and

the Age Discrimination Act of 1975 to

applicants for enrollment and

volunteers serving under both the Peace

Corps Act and the Domestic Volunteer

Service Act. That section further

directed that any remedies available to

individuals under such laws, other than

the right to appeal to the Equal

Employment Opportunity Commission,

would be available to such applicants or

volunteers. Congress, in extending the

non-discrimination protections to the

volunteers, required that the Directors of

ACTION and Peace Corps prescribe

regulations specifically tailored to the

circumstances of such volunteers. This

mandate led to the promulgation of the

rules in 45 CFR 1225, which applied to

both Peace Corps volunteers and

domestic volunteers (and applicants for

such volunteer service) who filed

complaints of discrimination. At that

time, a section was also added to the

Peace Corps’ regulations, at 22 CFR 300,

et seq, entitled Volunteer Discrimination

Complaint Procedure, which only

contains a cross reference to 45 CFR

1225 (see 22 CFR 306).

In December of 1981, Congress again

separated the Peace Corps from

domestic volunteers, and removed it

from the umbrella of ACTION (Pub. L.

97–113). In the Domestic Volunteer

Service Act Amendment of 1984, Pub.

L. 98–288, sec. 30a (codified at 42

U.S.C. 5057), Congress expressly

removed the Peace Corps from being

subject to Title VII of the Civil Rights

Act and the other non-discrimination

statutes. However, conforming

amendments by ACTION (now

subsumed by the Corporation for

National and Community Service) were

not made to 45 CFR 1225 to remove

references to the Peace Corps.

At this time, the Peace Corps seeks to

update its regulations to reflect the

current statutory framework applicable

to Peace Corps volunteers and

applicants, by striking references to the

Peace Corps from 45 CFR 1225, and

adding a revised non-discrimination

process into the Peace Corps regulations

in 22 CFR 306.

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SUPPLEMENTARY INFORMATION

: The Peace

Corps Act (22 U.S.C. 2501, et seq.)

establishes the Peace Corps and sets

forth the requirements for program

operations, including those for selecting

volunteers. The Act states that ‘‘except

as provided in [the Act], volunteers

shall not be deemed officers or

employees or otherwise in the service or

employment of, or holding office under,

the United States for any purpose. In

carrying out this subsection, there shall

be no discrimination against any person

on account of race, sex, creed, or color.’’

Because Peace Corps volunteers are

not considered federal employees or

otherwise in the service or employment

of the United States for any purpose not

specified in the Peace Corps Act, the

regulations implementing Section 717 of

the Civil Rights Act of 1964 (and other

nondiscrimination policies and

authorities), and the right to appeal to

the Equal Employment Opportunity

Commission, do not apply to volunteers.

These regulations were first

promulgated to ensure that volunteers

had a process to make complaints

regarding discriminatory conduct

proscribed by the Peace Corps Act and

the Peace Corps’ policy. The regulations

are now being updated and revised to

reflect current best practices.

The proposed rule would revise and

update rules for volunteer

discrimination complaint processing,

which were last published in the

Federal Register on January 6, 1981,

and entered into effect on January 6,

1981, and currently appear at 45 CFR

part 1225, which is cross referenced in

22 CFR part 306.

Request for Comments

The Peace Corps invites public

comment on all aspects of this proposed

rule and will take those comments into

account before publishing a final rule.

The proposed rule makes adjustments

for clarification, efficiency, and

streamlines the language of some

procedural provisions and makes the

following key changes:

22 CFR 306

(1) Purpose. § 306.1 is a revision of 45

CFR 1225.1. It changes and expands the

list of protected classes that can be

considered as a basis for filing claims of

discrimination, and includes the Peace

Corps Inspector General as an additional

avenue for filing claims of

discrimination.

(2) Policy. § 306.2 is a revision of 45

CFR 1225.2. It amends the language

setting forth how the Peace Corps will

respond to cases in which

discrimination was found and adds that

Peace Corps staff members are required

to participate in investigations.

(3) Definitions. § 306.3 is a revision of

45 CFR 1225.3. It expands the definition

of ‘‘volunteer’’ to include persons who

were sworn in as volunteers but are no

longer in service; conforms changes to

titles such as the Director of the Office

of Civil Rights and Diversity (instead of

E.O. Director); adds definitions for

words used in the regulations, such as

‘‘counselor’’ and ‘‘filing date’’; and

revises other definitions to reflect

current roles and practices.

(4) Coverage. § 306.4 is a revision of

45 CFR 1225.4. It addresses the

consolidation of claims under a single

complaint, as well as complaints that

fall under separate Peace Corps

administrative processes. The revision

clarifies that these regulations do not

create any new rights of action or

jurisdiction before U.S. courts.

(5) Representation. § 306.5 is a

revision of 45 CFR 1225.5. It abridges

the current section on representation

and removes language that is no longer

pertinent.

(6) Freedom from Retaliation. § 306.6

is a restatement of 45 CFR 1225.6 with

no significant changes other than

changing the word reprisal to retaliation

and consolidating a number of

behaviors under the term retaliation.

(7) Review of Allegations of

Retaliation. § 306.7 is a restatement of

45 CFR 1225.7, and it additionally

grants the OCRD Director discretion in

consolidating claims.

(8) Pre-complaint procedure. § 306.8

replaces the current 45 CFR 1225.8. It is

a step-by-step explanation of the process

followed when an individual files an

initial complaint of discrimination,

which is also known as the

‘‘counseling’’ or ‘‘informal’’ stage, and is

geared toward reaching a mutual

resolution between the complainant and

the agency. The new section specifies

timetables to be followed,

responsibilities of specific agency

officers, and notifications that need to

be provided to the individual and to

relevant staff.

(9) Complaint Procedure. § 306.9

replaces the current 45 CFR 1225.9. It is

a step-by-step explanation of the process

to be followed when an individual files

a formal complaint of discrimination,

which involves an investigation and a

final agency decision. The new section

specifies standards for acceptance and

dismissal, timetables to be followed,

responsibilities of specific agency

officers, and notifications that need to

be provided to the individual and to

relevant staff. It also outlines the

timeframe and process for appealing a

proposed final agency decision to the

Director of the Peace Corps.

(10) Corrective Action. § 306.10 is a

restatement of 45 CFR 1225.10 with no

changes other than removing a

provision about attorney’s fees. Sections

1225.11 through 1225.21 were stricken

in their entirety.

45 CFR 1225

The proposed edits are technical in

nature. For example, they remove any

references to the Peace Corps, the

Director of Peace Corps, or the Peace

Corps Act throughout the section, and

replace references to ACTION with

Corporation for Community and

National Service (CNCS) and

AmeriCorps and SeniorCorps.

Regulatory Certifications

Executive Orders 12866 and 13563—

Regulatory Review

This regulation has been drafted and

reviewed in accordance with E.O.

12866, ‘‘Regulatory Planning and

Review,’’ section 1(b), Principles of

Regulation, and in accordance with E.O.

13563, ‘‘Improving Regulation and

Regulatory Review,’’ section 1(b),

General Principles of Regulation, and

the Office of Management and Budget,

Office of Information and Regulatory

Affairs has determined it to be non-

significant within the meaning of E.O.

12866. Additionally, because this rule

does not meet the definition of a

significant regulatory action, it does not

trigger the requirements contained in

E.O. 13771. See OMB’s Memorandum

titled ‘‘Interim Guidance Implementing

Section 2 of the E.O. of January 30,

2017, titled ‘Reducing Regulation and

Controlling Regulatory Costs’ ’’

(February 2, 2017), supplemented by

OMB’s Memorandum titled

‘‘Implementing E.O. 13771, Titled

‘Reducing Regulation and Controlling

Regulatory Costs.’ ’’

Regulatory Flexibility Act of 1980 (5

U.S.C. 605(b))

This regulatory action will not have a

significant adverse impact on a

substantial number of small entities.

Unfunded Mandates Act of 1995 (Sec.

202, Pub. L. 104–4)

This regulatory action does not

contain a Federal mandate that will

result in the expenditure by State, local,

and tribal governments, in aggregate, or

by the private sector, of $100,000,000 or

more in any one year, and it will not

significantly or uniquely affect small

governments.

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Paperwork Reduction Act of 1995 (44

U.S.C., Chapter 35)

This regulatory action will not impose

any additional reporting or

recordkeeping requirements under the

Paperwork Reduction Act.

Federalism (Executive Order 13132)

This regulatory action does not have

Federalism implications, as set forth in

E.O. 13132. It will not have substantial

direct effects on the States, on the

relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government.

List of Subjects in 22 CFR Part 306 and

45 CFR Part 1225

Volunteer Discrimination Complaint

Procedures.

Title 22

Peace Corps

■1. For the reasons set out in the

preamble, the Peace Corps proposes to

revise 22 CFR Part 306 as follows:

Part 306—Volunteer Discrimination

Complaint Procedure

Secs.

Subpart A. General Provisions

306.1 Purpose.

306.2 Policy.

306.3 Definitions.

306.4 Coverage.

306.5 Representation.

306.6 Freedom from Retaliation.

306.7 Review of Allegations of Retaliation.

Subpart B. Processing Individual

Complaints of Discrimination

306.8 Pre-complaint Procedure.

306.9 Complaint Procedure.

306.10 Corrective Action.

Authority: 22 U.S.C. 2501 et seq.

PART 306—VOLUNTEER

DISCRIMINATION COMPLAINT

PROCEDURE

Subpart A—General Provisions

§ 306.1 Purpose.

The purpose of this Part is to establish

a procedure for the filing, investigation,

and administrative determination of

allegations of discrimination (including

harassment) based on race, color,

religion, sex, national origin, age (40 or

over), disability or other bases provided

for in applicable statutes, regulations or

the Peace Corps Manual or history of

participation in the Peace Corps

discrimination complaint process which

arise in connection with the

recruitment, selection, placement,

service, or termination of applicants,

Trainees, or Volunteers. In addition, any

Peace Corps applicant, Trainee, or

Volunteer may submit an allegation of

discrimination to the Peace Corps Office

of Inspector General at any time, and the

allegation will be processed in

accordance with policy and procedures

of the Office of Inspector General.

§ 306.2 Policy.

(a) In the recruitment, selection,

placement, service, and termination of

Peace Corps Trainees and Volunteers, it

is the policy of the Peace Corps to

provide equal opportunity for all

persons and to prohibit discrimination

based on race, color, religion, sex,

national origin, age (40 or over),

disability, and other bases provided for

in applicable statutes, regulations or the

Peace Corps Manual, or history of

participation in the Peace Corps

discrimination complaint process.

(b) It is the policy of the Peace Corps,

upon a determination that such

prohibited discrimination has occurred,

to take appropriate corrective action to

remedy the discrimination and to

prevent its recurrence.

(c) It is the policy of the Peace Corps

that all agency staff must cooperate in

the investigation of a complaint.

Volunteers and Trainees are strongly

encouraged to cooperate.

§ 306.3 Definitions.

Unless the context requires otherwise,

in this Part:

(a) ‘‘Director’’ means the Director of

the Peace Corps.

(b) ‘‘OCRD Director’’ means the

Director of the Peace Corps’ Office of

Civil Rights and Diversity.

(c) ‘‘Prohibited discrimination’’ means

discrimination (including harassment)

on the basis of race, color, religion, sex,

national origin, age (40 or over),

disability, or other bases provided for in

applicable statutes, regulations or the

Peace Corps Manual, or history of

participation in the Peace Corps

discrimination complaint process.

(d) ‘‘Applicant’’ means a person who

has submitted a completed application

required for consideration of eligibility

for Peace Corps Volunteer service.

‘‘Applicant’’ may also mean a person

who alleges that the actions of agency

personnel precluded them from

submitting such an application or any

other information reasonably required

by the appropriate personnel as

necessary for a determination of the

individual’s eligibility for Volunteer

service.

(e) ‘‘Trainee’’ means a person who has

accepted an invitation issued by the

Peace Corps and has registered for Peace

Corps staging.

(f) ‘‘Volunteer’’ means a person who

has taken the oath of service and been

sworn in for Peace Corps service,

whether or not this person is still in

Peace Corps service.

(g) ‘‘Complainant’’ means an

aggrieved applicant, Trainee, or

Volunteer who believes they have been

subject to prohibited discrimination and

files a formal complaint.

(h) ‘‘Complaint’’ means a written

statement signed by a Complainant

alleging prohibited discrimination and

submitted to the OCRD Director, as

described in section 306.9(a) of this

Part.

(i) ‘‘File(d) Date’’ means the date a

Complaint is received by the

appropriate agency official.

(j) ‘‘Counselor’’ means an official

designated by the OCRD Director to

perform an informal inquiry focused on

possible resolution as detailed in this

Part.

(k) ‘‘Final Agency Decision (FAD)’’

means the Peace Corps’ final written

determination on a Complaint.

§ 306.4 Coverage.

(a) Except as set out below, these

procedures apply to all Peace Corps

applicants, Trainees, and Volunteers.

(1) To the extent that a Trainee or

Volunteer makes a complaint containing

an allegation of prohibited

discrimination in connection with

conduct that constitutes sexual

misconduct as defined in the Peace

Corps’ policy on Volunteer sexual

misconduct.

(2) When an applicant, Trainee, or

Volunteer makes a complaint which

contains an allegation of prohibited

discrimination in connection with an

early termination or other

administrative procedure of the agency,

only the allegation of prohibited

discrimination will be processed under

this Part. At the discretion of the OCRD

Director, additional allegations or

claims material to the complaint may be

consolidated with the discrimination

complaint for processing under these

regulations. Any issues which are not so

consolidated will continue to be

processed under those procedures

pursuant to which they were originally

raised.

(3) Complaints of retaliation in

connection with allegations made under

the Peace Corps Volunteer

Confidentiality Protection policy shall

be handled in accordance with that

policy.

(b) The OCRD Director has the

discretion to consolidate complaints

from different applicants, Trainees, or

Volunteers that allege common

underlying facts and similar claims.

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(c) These regulations do not create

any right or benefit, substantive or

procedural, enforceable at law or in

equity by any party against the United

States, its departments, agencies, or

entities, its officers, employees, or

agents, or any other person. Coverage

under these rules does not constitute

acceptance by the agency or the United

States Government of jurisdiction for

judicial review.

§ 306.5 Representation.

Any aggrieved party may be assisted

in all stages of these procedures under

this Part by an attorney or non-staff

representative of his or her own

choosing at his or her own expense. An

aggrieved party must immediately

inform the agency if representation is

retained.

§ 306.6 Freedom from Retaliation.

Aggrieved parties, their

representatives, and witnesses will be

free from retaliation at any stage in the

presentation and processing of a

complaint under this section, including

the counseling stage described in 306.8

of this Part, or any time thereafter.

§ 306.7 Review of Allegations of

Retaliation.

(a) An aggrieved party, his or her

representative, or a witness who alleges

retaliation in connection with the

presentation of a complaint under this

Part, may, if covered by this Part,

request in writing that the allegation be

reviewed as an act of discrimination

subject to the procedures described in

Subpart B or that the allegation be

considered as an issue in the complaint

at hand. The determination whether to

consider the complaint in the same or

a separate proceeding is within the

discretion of the OCRD Director.

Subpart B—Processing Individual

Complaints of Discrimination

§ 306.8 Pre-complaint procedure.

(a) Any applicant, Trainee or

Volunteer who believes that he or she

has been subject to prohibited

discrimination must bring such

allegations to the attention of OCRD

within 60 days of the alleged

discrimination, at which point a

Counselor will be assigned to attempt to

resolve them.

(b) The pre-complaint procedure is

intended to determine whether the

concerns of the aggrieved party can be

resolved to the mutual satisfaction of

the aggrieved party and the agency

without the filing of a formal complaint.

(c) The Counselor serves as a neutral

party, to gather a limited amount of

information from the aggrieved party

about his or her allegations, explain to

the aggrieved party his or her rights,

obtain information to determine the

applicability of this regulation, and

where appropriate, attempt an informal

resolution among relevant parties.

(d) The amount of information that

the Counselor gathers from the agency is

limited to information needed to reach

an informal resolution to the mutual

satisfaction of the aggrieved party and

the agency.

(e) The Counselor will keep a written

record of his or her activities, which

will be submitted to the OCRD Director

as a Counselor’s report.

(f) To the extent necessary to reach an

informal resolution, the Counselor may

reveal to relevant agency officials the

identity of the aggrieved party. In the

event that the aggrieved party requests

that the Counselor not share his or her

identity with agency officials, the

Counselor will not reveal the identity of

the aggrieved party (or information that

could be used to easily identify the

aggrieved party) outside of OCRD. If

appropriate, the Counselor should

explain to the aggrieved party that an

informal resolution and/or the scope of

relief available may be limited as a

result of the request for anonymity.

(g) The pre-complaint process should

be completed within 30 days, but the

OCRD Director may extend the period

upon request of the aggrieved party or

the agency for good cause shown.

(h) If, after inquiry and counseling, an

informal resolution to the allegation is

not reached, the Counselor will notify

the aggrieved party in writing of the

right to file a formal complaint of

discrimination with the OCRD Director

within 30 calendar days of the aggrieved

party’s receipt of the notice.

(i) As an alternative to assignment of

a Counselor as described above, the

aggrieved party may ask for Alternative

Dispute Resolution as set out in the

Peace Corps’ policy. In such a case, the

parties have 90 days to attempt in good

faith to reach an informal resolution of

the allegation. At any time during the

course of Alternative Dispute

Resolution, the aggrieved party or the

Responsible Management Official (or

their Supervisor), in consultation with

the Office of the General Counsel, may

terminate those proceedings.

§ 306.9 Complaint Procedure.

(a) An applicant, Trainee or Volunteer

who wishes to file a formal complaint

must do so within 30 days of receiving

the notice set out in 306.8(g) above, by

filing a signed complaint in writing with

OCRD. A complaint must set forth

specifically:

(1) A detailed description, including

names and dates, if possible, of the

actions of the Peace Corps officials or

other persons which resulted in the

alleged prohibited discrimination;

(2) The manner in which the Peace

Corps’ action directly affected the

complainant; and

(3) The relief sought.

(b) A complaint that does not conform

to the above requirements will

nevertheless be deemed to have been

received by the OCRD, and the

complainant will be notified of the steps

necessary to correct the deficiencies of

the complaint. The complainant will

have 30 days from receipt of notification

that the complaint is defective to submit

an amended complaint.

(c) The OCRD Director must accept a

complaint if the process set forth above

has been followed, and the complaint

states a covered claim of prohibited

discrimination. The OCRD Director may

extend the time limits set out above:

(1) When the complainant shows that

they were not notified of the time limits

and were not otherwise aware of them;

(2) The complainant shows that they

were prevented by circumstances

beyond their control from submitting

the matter in a timely fashion; or

(3) For other reasons considered

sufficient by the OCRD Director.

(d) At any time during the complaint

procedure, the OCRD Director may

dismiss a complaint based on the

aggrieved party’s failure to prosecute the

complaint. However, this action may be

taken only after:

(1) The OCRD Director has made a

written request, including notice of the

proposed dismissal, that the

Complainant provide certain

information or otherwise proceed with

the complaint; and

(2) 30 days have elapsed since the

sending of the request.

If the complaint is rejected for failure

to meet one or more of the requirements

set out in the procedure outlined in

306.8 or is dismissed, the OCRD

Director will inform the aggrieved party

in writing of this FAD, advising that the

Peace Corps will take no further action.

(e) Upon acceptance of the complaint

and receipt of the Counselor’s report,

the OCRD Director will provide for a

prompt impartial investigation of the

complaint. The OCRD may employ a

Peace Corps employee or external party

to conduct the investigation. If a Peace

Corps employee is selected to

investigate the complaint, the person

assigned to investigate the complaint

may not occupy a position in the agency

which is, directly or indirectly, under

the jurisdiction of the head of that part

of the agency in which the complaint

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arose. The investigation will include a

review of the circumstances under

which the alleged discrimination

occurred, and any other circumstances

which may constitute, or appear to

constitute, discrimination against the

complainant.

(f) Agency officials responsible for

providing information relating to the

complaint to the investigator will be

provided such information about the

complaint as they may need in order to

respond appropriately. For example,

responding agency officials who have a

need to know may be provided with

information including the identity of the

complainant and statements of the

alleged discriminatory basis and adverse

action.

(g) In cases where sensitive and/or

protected information about applicants,

Trainees, or Volunteers (other than the

complainant) is requested or involved,

agency officials may only disclose such

information that is directly relevant to

claim(s) being investigated, and must

ensure that such information is handled

in such a manner that the privacy of the

applicants, Trainees, or Volunteers in

question is fully protected, in

accordance with the Peace Corps’ policy

on confidentiality of Volunteer

information.

(h) Every agency official responsible

for providing information relating to the

complaint to the investigator may at any

point consult the Office of the General

Counsel and/or his or her supervisor,

unless the supervisor is alleged to have

been involved in the conduct that is the

subject of the complaint. Agency

officials responsible for providing

information to the investigator shall

only provide information based on

personal knowledge, and should not

seek to align or conform his or her

statement with that of another

responding agency official.

(i) The investigator will compile a

report of investigation (ROI) and

forward the ROI to the OCRD Director.

The OCRD Director will arrange for

preparation of a draft FAD, which will

be in writing, state the reasons

underlying the decision, recommend

corrective action if and as appropriate,

and advise the complainant of the right

to appeal the recommended FAD to the

Peace Corps Director, or designee. To

the extent feasible, this will be

completed within 120 days of the filing

of the complaint. However, the OCRD

Director has discretion to extend the

period.

(j) The OCRD Director will issue the

proposed FAD to the complainant with

a copy of the ROI.

(k) Within ten calendar days of receipt

of such proposed FAD, the complainant

may submit his or her appeal of the

proposed disposition to the Peace Corps

Director, or designee.

(l) The Peace Corps Director, or

designee, will, to the extent feasible,

decide the issue within 45 days of the

date of receipt of the appeal. The

claimant will be informed in writing of

the decision and its basis and advised

that it is the FAD regarding the

complaint.

(m) Where a complainant does not

submit a timely appeal pursuant to (k)

above, the OCRD Director will issue the

proposed FAD as the FAD.

(n) The OCRD Director will inform

relevant management officials as to

whether or not prohibited

discrimination was found in the FAD.

§ 306.10 Corrective Action.

When the agency’s FAD states that the

aggrieved party has been subjected to

prohibited discrimination, the following

corrective actions may be taken:

(a) Selection as a trainee for an

otherwise qualified complainant found

to have been denied selection based on

prohibited discrimination.

(b) Reinstatement to Volunteer service

for a complainant found to have been

early-terminated as a result of

prohibited discrimination. To the extent

possible, a terminated Volunteer will be

placed in the same position previously

held. However, reinstatement to the

specific country of prior service, or to

the specific position previously held is

contingent on programmatic

considerations, including but not

limited to the continued availability of

the position or program in that country,

and acceptance by the host country of

such placement. If the same position is

deemed to be no longer available, the

aggrieved party will be offered

reenrollment in a position in as similar

as possible circumstances to the

position previously held, or will be

given interrupted service status. A

reenrollment may require a medical

clearance and/or other clearances, and

both additional training and an

additional two year commitment to

Volunteer service.

(c) Such other relief as may be

deemed appropriate by the Peace Corps.

Title 45

Corporation for National Community

Service

■2. For the reasons set out in the

preamble, the Corporation for National

Community Service proposes to add 45

CFR part 1225 to read as follows:

PART 1225—MEMBER AND

VOLUNTEER DISCRIMINATION

COMPLAINT PROCEDURE

Secs.

Subpart A. General Provisions

1225.1 Purpose.

1225.2 Policy.

1225.3 Definitions.

1225.4 Coverage.

1225.5 Representation.

1225.6 Freedom from Reprisal.

1225.7 Review of Allegations of Reprisal.

Subpart B. Processing Individual

Complaints of Discrimination

1225.8 Precomplaint Procedure.

1225.9 Complaint Procedure.

1225.10 Corrective Action.

1225.11 Amount of Attorney Fees.

Subpart C. Processing Class Complaints of

Discrimination

1225.12 Precomplaint Procedure.

1225.13 Acceptance, Rejection or

Cancellation of a Complaint.

1225.14 Consolidation of Complaints.

1225.15 Notification and Opting Out.

1225.16 Investigation and Adjustment of

Complaint.

1225.17 Agency Decision.

1225.18 Notification of Class Members of

Decision.

1225.19 Corrective Action.

1225.20 Claim Appeals.

1225.21 Judicial Review.

Authority: 42 U.S.C. 5057(d), 12635(d),

and 12651(c).

PART 1225—MEMBER AND

VOLUNTEER DISCRIMINATION

COMPLAINT PROCEDURE

Subpart A—General Provisions

§ 1225.1 Purpose.

The purpose of this part is to establish

a procedure for the filing, investigation,

and administrative determination of

allegations of discrimination based on

race, color, national origin, religion, age,

sex, disability or political affiliation,

which arise in connection with the

recruitment, selection, placement,

service, or termination of AmeriCorps

and AmeriCorps Seniors applicants,

candidates, Members and Volunteers for

part time and full time service, as

appropriate.

§ 1225.2 Policy.

It is the policy of the Corporation for

National and Community Service

(CNCS) to provide equal opportunity in

all its national service programs for all

persons and to prohibit discrimination

based on race, color, national origin,

religion, age, sex, disability or political

affiliation in the recruitment, selection,

placement, service, and termination of

AmeriCorps and AmeriCorps Seniors

applicants, candidates, Members and

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Volunteers. It is the policy of CNCS,

upon determining that such prohibited

discrimination has occurred, to take all

necessary corrective action to remedy

the discrimination, and to prevent its

recurrence.

§ 1225.3 Definitions.

Unless the context requires otherwise,

in this Part:

(a) ‘‘CEO’’ means the Chief Executive

Officer of CNCS. The term shall also

refer to any designee of the CEO.

(b) ‘‘EEOP Director’’ means the

Director of the Equal Employment

Opportunity Program of CNCS. The

term shall also refer to any designee of

the EEOP Director.

(c) ‘‘Illegal discrimination’’ means

discrimination on the basis of race,

color, national origin, religion, age, sex,

disability or political affiliation as

defined in Title VI of the Civil Rights

Act of 1964 (42 U.S.C. 2000e et seq.);

Title V of the Rehabilitation Act of 1973

(29 U.S.C. 791, et seq.); the Age

Discrimination Act of 1975 (42 U.S.C

6101, et seq.), Section 175 of the

National and Community Service Act of

1990, as amended, and Section 5057 of

the Domestic Volunteer Service Act of

1973, as amended. Further clarification

of the scope of matters covered by this

definition may be obtained by referring

to the following regulations: Sex

Discrimination: 29 CFR part 1604;

Religious Discrimination: 29 CFR part

1605; National Origin Discrimination:

29 CFR part 1606; Age Discrimination:

45 CFR part 90; Disability

Discrimination: 29 CFR 1630.

(d) ‘‘Applicant’’ means a person who

has submitted a completed application

required for consideration of eligibility

for CNCS national service as a Member

or Volunteer. ‘‘Applicant’’ may also

mean a person who alleges that the

actions of recipient or subrecipient

organization staff, or agency personnel

precluded him or her from submitting

such an application or any other

information reasonably required by

CNCS as necessary for a determination

of the individual’s eligibility for

national service.

(e) ‘‘Candidate’’ means a person who

has accepted an offer to commence

service as a Member or Volunteer but

has not yet enrolled for service in a

CNCS national service program.

(f) ‘‘AmeriCorps Member’’ means a

person who serves in a national service

position for which a Segal AmeriCorps

Education Award could be provided.

(g) ‘‘AmeriCorps Seniors Volunteer’’

means a person who serves as a

volunteer through a program funded

under Title II of the DVSA, including

the Retired Senior Volunteer Program,

the Foster Grandparent Program, and

the Senior Companion Program.

(h) ‘‘Complaint’’ means a written

statement signed by the complainant

and submitted to the EEOP Director. A

complaint shall set forth specifically

and in detail:

(1) A description of the management

policy or practice during the application

stage as an applicant, during the

candidacy stage as a Candidate, or

during the service stage as a Member or

Volunteer, if any, giving rise to the

complaint;

(2) A detailed description including

names and dates, if possible, of the

actions of CNCS, recipients or

subrecipients of CNCS assistance or

resources, or the officials of those

recipients or subrecipients, which

resulted in the alleged illegal

discrimination;

(3) The manner in which the action of

CNCS, or the CNCS recipient or

subrecipient, directly affected the

complainant; and

(4) The relief sought.

A complaint shall be deemed filed on

the date it is received by the appropriate

agency official. When a complaint does

not conform with the above definition,

it shall nevertheless be accepted. The

complainant shall be notified of the

steps necessary to correct the

deficiencies of the complaint. The

complainant shall have 30 days from his

or her receipt of notification of the

complaint defects to resubmit an

amended complaint.

(i) ‘‘Counselor’’ means an official

designated by the EEOP Director to

perform the functions of conciliation as

detailed in this part.

(j) ‘‘Agent’’ means a class member

who acts for the class during the

processing of a class complaint. In order

to be accepted as the agent for a class

complaint, in addition to those

requirements of a complaint found in

1225.3(g) of this part, the complaint

must meet the requirements for a class

complaint as found in Subpart C of

these regulations.

§ 1225.4 Coverage.

(a) These procedures apply to all

CNCS national service applicants,

candidates, Members and Volunteers

throughout their term of service with

CNCS, or with recipients and

subrecipients of CNCS assistance or

resources. When an applicant,

candidate, Member or Volunteer makes

a complaint which contains an

allegation of illegal discrimination in

connection with an action that would be

otherwise be processed under a

grievance, early termination, or other

administrative system of the agency, the

allegation of illegal discrimination shall

be processed under this Part. At the

discretion of the EEOP Director, any

other issues raised may be consolidated

with the discrimination complaint for

processing under these regulations. Any

issues which are not so consolidated

shall continue to be processed under

those procedures in which they were

originally raised.

(b) The submission of class

complaints alleging illegal

discrimination as defined above will be

handled in accordance with the

procedure outlined in Subpart C.

§ 1225.5 Representation.

Any aggrieved party may be

represented and assisted in all stages of

these procedures by an attorney or

representative of his or her own

choosing. An aggrieved party must

immediately inform the agency if

counsel is retained. Attorney fees or

other appropriate relief may be awarded

in the following circumstances; (a)

Informal adjustment of a complaint. An

informal adjustment of a complaint may

include an award of attorney fees or

other relief deemed appropriate by the

EEOP Director. Where the parties agree

on an adjustment of the complaint, but

cannot agree on whether attorney fees or

costs should be awarded, or on their

amount, this issue may be appealed to

the CEO, or their designee, in the

manner detailed in 1225.11 of this Part.

(b) Final Agency Decision. When

discrimination is found, the CEO, or

their designee, shall advise the

complainant that any request for

attorney fees or costs must be

documented and submitted for review

within 20 calendar days after his or her

receipt of the final agency decision. The

amount of such awards shall be

determined under 1225.11. In the

unusual situation in which it is

determined not to award attorney fees or

other costs to a prevailing complainant,

the CEO, or their designee, in his or her

final decision shall set forth the specific

reasons thereof.

§ 1225.6 Freedom from Reprisal.

Aggrieved parties, their

representatives, and witnesses will be

free from restraint, interference,

coercion, discrimination, or reprisal at

any stage in the presentation and

processing of a complaint, including the

counseling stage described in 1225.8 of

this part, or any time thereafter.

§ 1225.7 Review of Allegations of Reprisal.

An aggrieved party, his or her

representative, or a witness who alleges

restraint, interference, coercion,

discrimination, or reprisal in connection

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with the presentation of a complaint

under this part, may if covered by this

part, request in writing that the

allegation be reviewed as an individual

complaint of discrimination subject to

the procedures described in Subpart B

or that the allegation be considered as

an issue in the complaint at hand.

Subpart B—Processing Individual

Complaints of Discrimination

§ 1225.8 Precomplaint Procedure.

(a) An aggrieved person who believes

that he or she has been subject to illegal

discrimination shall bring such

allegations to the attention of the

appropriate Counselor within 30 days of

the alleged discrimination to attempt to

resolve them. Aggrieved applicants,

candidates, Members, and Volunteers

applying for, or enrolled in programs

operated by CNCS, or by recipients or

subrecipients of CNCS assistance or

resources, shall direct their allegations

to the designated Counselor.

(b) Upon receipt of the allegation, the

Counselor or designee shall make

whatever inquiry is deemed necessary

into the facts alleged by the aggrieved

party and shall counsel the aggrieved

party for the purpose of attempting an

informal resolution agreeable to all

parties. The Counselor will keep a

written record of his or her activities

which will be submitted to the EEOP

Director if a formal complaint

concerning the matter is filed.

(c) If after such inquiry and

counseling an informal resolution to the

allegation is not reached, the Counselor

shall notify the aggrieved party in

writing of the right to file a complaint

of discrimination with the EEOP

Director within 15 calendar days of the

aggrieved party’s receipt of the notice.

(d) The Counselor shall not reveal the

identity of the aggrieved party who has

come to him or her for consultation,

except when authorized to do so by the

aggrieved party. However, the identity

of the aggrieved party may be revealed

once the agency has accepted a

complaint of discrimination from the

aggrieved party.

§ 1225.9 Complaint Procedure.

(a) The EEOP Director must accept a

complaint if the process set forth above

has followed, and the complaint states

a charge of illegal discrimination. The

agency will extend the time limits set

herein (a) when the complainant shows

that he or she was not notified of the

time limits and was not otherwise aware

of them, or (b) the complainant shows

that he or she was prevented by

circumstances beyond his or her control

from submitting the matter in a timely

fashion, or (c) for other reasons

considered sufficiently by the agency.

At any time during the complaint

procedure, the EEOP Director may

cancel a complaint because of failure of

the aggrieved party to prosecute the

complaint. If the complaint is rejected

for failure to meet one or more of the

requirements set out in the procedure

outlined in 1225.8 or is cancelled, the

EEOP Director shall inform the

aggrieved party in writing of this Final

Agency Decision: That CNCS will take

no further action; and of the right, to file

a civil action as described in 1225.21 of

this part.

(b) Upon acceptance of the complaint

and receipt of the Counselor’s report,

the EEOP Director shall provide for the

prompt investigation of the complaint.

Whenever possible, the person assigned

to investigate the complaint shall

occupy a position in the agency which

is not, directly or indirectly, under the

jurisdiction of the head of that part of

the agency in which the complaint

arose. The investigation shall include a

thorough review of the circumstances

under which the alleged discrimination

occurred, and any other circumstances

which may constitute, or appear to

constitute discrimination against the

complainant. The investigator shall

compile an investigative file, which

includes a summary of the investigation,

recommended findings of fact and a

recommended resolution of the

complaint. The investigator shall

forward the investigative file to the

EEOP Director and shall provide the

complainant with a copy.

(c) The EEOP Director shall review

the complaint file including any

additional statements provided by the

complainant, make findings of fact, and

shall offer an adjustment of the

complaint if the facts support the

complaint. If the proposed adjustment is

agreeable to all parties, the terms of the

adjustment shall be reduced to writing,

signed by both parties, and made part of

the complaint file. A copy of the terms

of the adjustment shall be provided to

the complainant. If the proposed

adjustment of the complaint is not

acceptable to the complainant, or the

EEOP Director determines that such an

offer is inappropriate, the EEOP Director

shall forward the complaint file with a

written notification of the findings of

facts, and his or her recommendations

of the proposed disposition of the

complaint to the CEO or their designee.

The aggrieved party shall receive a copy

of the notification and recommendation

and shall be advised of the right to

appeal the recommended disposition to

the CEO or their designee. Within ten

(10) calendar days of receipt of such

notice the complainant may submit his

or her appeal of the recommended

disposition to the CEO or their designee.

(d) Appeal to CEO. If no timely notice

of appeal is received from the aggrieved

party, the CEO or their designee may

adopt the proposed disposition as the

Final Agency Decision. If the aggrieved

party appeals, the CEO, or a designee

who has been delegated authority to

issue such a decision, after review of the

total complaint file, shall issue a

decision to the aggrieved party. The

decision of the CEO, or their designee,

shall be in writing, state the reasons

underlying the decision, shall be the

Final Agency Decision, shall inform the

aggrieved party of the right to file a civil

action as described in 1225.21 of this

part, and, if appropriate, designate the

procedure to be followed for the award

of attorney fees or costs.

§ 1225.10 Corrective Action.

When it has been determined by Final

Agency Decision that the aggrieved

party has been subjected to illegal

discrimination, the following corrective

actions may be taken:

(a) Selection as a Member or

Volunteer for aggrieved parties found to

have been denied selection based on

prohibited discrimination.

(b) Reappointment to national service

for aggrieved parties found to have been

early-terminated as a result of

prohibited discrimination. To the extent

possible, a Member or Volunteer will be

placed in the same position previously

held. However, reassignment to the

specific position previously held is

contingent on several programmatic

considerations such as the continued

availability of the position. If the same

position is deemed to be no longer

available, the aggrieved party will be

offered a reassignment to a position in

as similar circumstances to the position

previously held, or to resign from

service for reasons beyond his or her

control. Such a reassignment may

require both additional training and an

additional commitment to national

service.

(c) Provision for reasonable attorney

fees and other costs incurred by the

aggrieved party.

(d) Such other relief as may be

deemed appropriate by the CEO or their

designee.

§ 1225.11 Amount of Attorney Fees.

(a) When a decision of the agency

provides for an award of attorney’s fees

or costs, the complainant’s attorney

shall submit a verified statement of

costs and attorney’s fees as appropriate,

to the agency within 20 days of receipt

of the decision. A statement of

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attorney’s fees shall be accompanied by

an affidavit executed by the attorney of

record itemizing the attorney’s charges

for legal services. Both the verified

statement and the accompanying

affidavit shall be made a part of the

complaint file. The amount of attorney’s

fees or costs to be awarded the

complainant shall be determined by

agreement between the complainant, the

complainant’s representative and the

CEO or their designee. Such agreement

shall immediately be reduced to writing.

If the complainant, the representative

and the agency cannot reach an

agreement on the amount of attorney’s

fees or costs within 20 calendar days of

receipt of the verified statement and

accompanying affidavit, the CEO or

their designee shall issue a decision

determining the amount of attorney fees

or costs within 30 calendar days of

receipt of the statement and affidavit.

Such decision shall include the specific

reasons for determining the amount of

the award.

(b) The amount of attorney’s fees shall

be made in accordance with the

following standards: The time and labor

required, the novelty and difficulty of

the questions, the skills requisite to

perform the legal service properly, the

preclusion of other employment by the

attorney due to acceptance of the case,

the customary fee, whether the fee is

fixed or contingent, time limitation

imposed by the client or the

circumstances, the amount involved and

the results obtained, the experience,

reputation, and ability of the attorney,

the undesirability of the case, the nature

and length of the professional

relationship with the client, and the

awards in similar cases.

Subpart C—Processing Class

Complaints of Discrimination

§ 1225.12 Precomplaint Procedure.

An applicant, candidate, Member or

Volunteer who believes that he or she is

among a group of present or former

CNCS national service applicants,

candidates, Members or Volunteers,

who have been illegally discriminated

against and who wants to be an agent for

the class shall follow those

precomplaint procedures outlined in

1225.8 of this part.

§ 1225.13 Acceptance, Rejection or

Cancellation of a Complaint.

(a) Upon receipt of a class complaint,

the Counselor’s report, and any other

information pertaining to timeliness or

other relevant circumstances related to

the complaint, the EEOP Director shall

review the file to determine whether to

accept or reject the complaint, or a

portion thereof, for any of the following

reasons:

(1) It was not timely filed;

(2) It consists of an allegation which

is identical to an allegation contained in

a previous complaint filed on behalf of

the same class which is pending in the

agency or which has been resolved or

decided by the agency;

(3) It is not within the purview of this

subpart;

(4) The agent failed to consult a

Counselor in a timely manner;

(5) It lacks specificity and detail;

(6) It was not submitted in writing or

was not signed by the agent;

(7) It does not meet the following

prerequisites.

(i) The class is so numerous that a

consolidated complaint of the members

of the class is impractical;

(ii) There are questions of fact

common to the class;

(iii) The claims of the agent of the

class are representative of the claims of

the class;

(iv) The agent of the class, or his or

her representative will fairly and

adequately protect the interest of the

class.

(b) If an allegation is not included in

the Counselor’s report, the EEOP

Director shall afford the agent 15

calendar days to explain whether the

matter was discussed and if not, why he

or she did not discuss the allegation

with the Counselor. If the explanation is

not satisfactory, the EEOP Director may

decide to reject the allegation. If the

explanation is not satisfactory, the EEOP

Director may require further counseling

of the agent.

(c) If an allegation lacks specificity

and detail, or if it was not submitted in

writing or not signed by the agent, the

EEOP Director shall afford the agent 30

days from his or her receipt of

notification of the complaint defects to

resubmit an amended complaint. The

EEOP Director may decide that the

agency reject the complaint if the agent

fails to provide such information within

the specified time period. If the

information provided contains new

allegations outside the scope of the

complaint, the EEOP Director must

advise the agent how to proceed on an

individual or class basis concerning

these allegations.

(d) The EEOP Director may extend the

time limits for filing a complaint and for

consulting with a Counselor when the

agent, or his or her representative,

shows that he or she was not notified of

the prescribed time limits and was not

otherwise aware of them or that he or

she was prevented by circumstances

beyond his or her control from acting

within the time limit.

(e) When appropriate, the EEOP

Director may determine that a class be

divided into subclasses and that each

subclass be treated as a class, and the

provisions of this section than shall be

construed and applied accordingly.

(f) The EEOP Director may cancel a

complaint after it has been accepted

because of failure of the agent to

prosecute the complaint. This action

may be taken only after:

(1) The EEOP Director has provided

the agent a written request, including

notice of proposed cancellation, that he

or she provide certain information or

otherwise proceed with the complaint;

and

(2) within 30 days of his or her receipt

of the request.

(g) An agent must be informed by the

EEOP Director in a request under

paragraphs (b) or (c) of this section that

his or her complaint may be rejected if

the information is not provided.

§ 1225.14 Consolidation of Complaints.

The EEOP Director may consolidate

the complaint if it involves the same or

sufficiently similar allegations as those

contained in a previous complaint filed

on behalf of the same class which is

pending in the agency or which had

been resolved or decided by the agency.

§ 1225.15 Notification and Opting Out.

(a) Upon acceptance of a class

complaint, the agency, within 30

calendar days, shall use reasonable

means such as delivery, mailing,

distribution, or posting, to notify all

class members of the existence of the

class complaint.

(b) A notice shall contain:

(1) The name of the agency or

organizational segment thereof, its

location and the date of acceptance of

the complaint:

(2) A description of the issues

accepted as part of the class complaint;

(3) an explanation that class members

may remove themselves from the class

by notifying the agency within 30

calendar days after issuance of the

notice; and

(4) an explanation of the binding

nature of the final decision or resolution

of the complaint.

§ 1225.16 Investigation and Adjustment of

Complaint.

The complaint shall be processed

promptly after it has been accepted.

Once a class complaint has been

accepted, the procedure outlined in

1225.9 of this part shall apply.

§ 1225.17 Agency Decision.

(a) If an adjustment of the complaint

cannot be made, the procedures

outlined in 1225.9 shall be followed by

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the EEOP Director except that any

notice required to be sent to the

aggrieved party shall be sent to the agent

of the class or his or her representative.

(b) The Final Agency Decision on a

class complaint shall be binding on all

members of the class.

§ 1225.18 Notification of Class Members of

Decision.

Class members shall be notified by the

agency of the final agency decision and

corrective action, if any, using at the

minimum, the same media employed to

give notice of the existence of the class

complaint. The notice, where

appropriate, shall include information

concerning the rights of class members

to seek individual relief and of the

procedures to be followed. Notice shall

be given by the Agency within ten (10)

calendar days of the transmittal of its

decision to the agent.

§ 1225.19 Corrective Action.

(a) When discrimination is found.

CNCS, or the recipient or subrecipient

of CNCS assistance or resources, as

appropriate, must take appropriate

action to eliminate or modify the policy

or practice out of which such

discrimination arose, and provide

individual corrective action to the agent

and other class members in accordance

with 1225.10 of this part.

(b) When discrimination is found and

a class member believes that but for that

discrimination he or she would have

been accepted as a Member of Volunteer

or received some other volunteer service

benefit, the class member may file a

written claim with the EEOP Director

within thirty (30) calendar days of

notification by the agency of its

decision.

(c) The claim must include a specific,

detailed statement showing that the

claimant is a class member who was

affected by an action or matter resulting

from the discriminatory policy or

practice which arose not more than 30

days preceding the filing of the class

complaint.

(d) The Agency shall attempt to

resolve the claim within sixty (60)

calendar days after the date the claim

was postmarked, or in the absence of a

postmark, within sixty (60) calendar

days after the date it was received by the

EEOP Director.

§ 1225.20 Claim Appeals.

(a) If the EEOP Director and claimant

do not agree that the claimant is a

member of the class, or upon the relief

to which the claimant is entitled, the

EEOP Director shall refer the claim,

with recommendations concerning it, to

the CEO or their designee for a Final

Agency Decision and shall so notify the

claimant. The class member may submit

written evidence to the CEO or their

designee concerning his or her status as

a member of the class. Such evidence

must be submitted no later than ten (10)

calendar days after receipt of referral.

(b) The CEO or their designee shall

decide the issue within thirty (30) days

of the date of referral by the EEOP

Director. The claimant shall be informed

in writing of the decision and its basis

and that it will be the Final Agency

Decision of the issue.

§ 1225.21 Judicial Review.

(a) An applicant, candidate, Member

or Volunteer is authorized to file a civil

action in an appropriate U.S. District

Court:

(1) Within thirty (30) calendar days of

his or her receipt of the notice of final

action taken by the agency; or

(2) After one hundred eighty (180)

calendar days from the date of filing a

formal discrimination complaint with

the agency if there has been no final

agency action.

Dated: November 20, 2020.

Helen Serassio,

Acting General Counsel of Corporation for

National and Community Service.

Timothy Noelker,

General Counsel of the Peace Corps.

[FR Doc. 2020–26122 Filed 12–16–20; 8:45 am]

BILLING CODE 6051–01–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 926

[SATS No. MT–039–FOR; Docket ID: OSM–

2020–0004; S1D1S SS08011000 SX064A000

212S180110; S2D2S SS08011000

SX064A000 21XS501520]

Montana AML Plan

AGENCY

: Office of Surface Mining

Reclamation and Enforcement, Interior.

ACTION

: Proposed rule; public comment

period and opportunity for public

hearing on proposed amendment.

SUMMARY

: We, the Office of Surface

Mining Reclamation and Enforcement

(OSMRE), are announcing receipt of a

proposed amendment to the Montana

Abandoned Mine Land Reclamation

Plan (Montana Plan) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA or the Act). The State

submitted this proposal in response to

OSMRE’s request to update the Montana

Plan. Montana also seeks to make

changes that will improve the Plan’s

readability and operational efficiency.

This document gives the times and

locations that the Montana Plan and this

proposed amendment to that Plan 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., January 19, 2021. If

requested, we will hold a public hearing

on the amendment on January 11, 2021.

We will accept requests to speak at a

hearing until 4:00 p.m., M.D.T. on

January 4, 2021.

ADDRESSES

: You may submit comments,

identified by SATS No. MT–039–FOR,

by any of the following methods:

•Mail/Hand Delivery: OSMRE, Attn:

Jeffrey Fleischman, P.O. Box 11018,

Dick Cheney Federal Building, 100 East

B Street, Casper, WY 82601–7032.

•Fax: (307) 261–6552.

•Federal eRulemaking Portal: http://

www.regulations.gov. 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, 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 www.regulations.gov.

Attn: Jeffrey Fleischman, Division

Manager, Office of Surface Mining

Reclamation and Enforcement, OSMRE,

Dick Cheney Federal Building, 150 East

B Street, Casper, WY 82601–7032.

Telephone: 307–261–6550. Email:

JFleischman@osmre.gov.

In addition, you may review a copy of

the amendment during regular business

hours at the following location:

Montana Department of Environmental

Quality, 1225 Cedar Street, Helena, MT

59601.

FOR FURTHER INFORMATION CONTACT

:

Jeffrey Fleischman, Office of Surface

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