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Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Rules and Regulations updated version without resubmitting that change to OSMRE as an amendment.
Montana provided an updated June 26, 2020, legal opinion from the State Attorney General indicating that the Department of Environmental Quality is the designated agency with the authority to conduct the AML Program in accordance with all requirements of SMCRA Title IV. Previous versions of this opinion have been removed from Montanas Plan because they are superseded by the new opinion.
Montana has incorporated the Attorney Generals letter in its Plan as required under 30 CFR 884.13a2.
Federal regulations at 30 CFR
884.13a3 require a description of the policies and procedures of the State agency, including the purposes of the State reclamation program. Montanas Plan includes a Policies and Procedures section that provides succinct descriptions of, and legal citations for, the purposes of its AML Program consistent with 30 CFR 884.13a3.
Montanas revised Plan includes a section entitled Ranking and Selection that provides appropriate eligibility and prioritization criteria for coal and noncoal hazards based upon updated Federal program requirements, as well as the prioritization matrix Montana uses to assess and prioritize potential project areas for reclamation. This section is consistent with the Plan content requirements of 30 CFR
884.13a3ii, which requires specific criteria, consistent with SMCRA, for ranking and identifying projects to be funded.
Montanas revised Plan includes a Limited Liability and Authorization to Proceed subsection under its Ranking and Selection section that indicates the State will comply with all applicable requirements to extend Limited Liability protections under SMCRA Section 405l to both coal and noncoal projects.
Reclamation projects will not be undertaken without first receiving an Authorization to Proceed from OSMRE.
This is in accordance with SMCRA
405l and consistent with 30 CFR
874.15 and 875.19, Limited Liability, which now provide limited liability coverage to certified State coal and noncoal reclamation activities, unless the costs or damages were the result of gross negligence or intentional misconduct.
Montanas revised Plan includes a section entitled Coordination With Other Programs that indicates the State will coordinate with other agencies and offices including the Natural Resources Conservation Service within the Department of Agriculture formerly
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known as the Soil Conservation Service, Indian Tribes, and OSMRE as required, as well as multiple other State and Federal entities. By indicating it will coordinate and work with all required agencies, as well as additional agencies applicable in the State, Montanas proposed section is consistent with the requirements of 30
CFR 884.13a3iii.
To describe how land will be acquired, managed, and disposed of, Montanas Plan includes a section entitled Land Acquisition, Management and Disposal that incorporates all applicable State and Federal statutory sections by reference. This ensures activity will occur in accordance with established State and Federal AML
Program requirements. Therefore, Montanas Plan includes the States policies and procedures for land acquisition, management, and disposition consistent with the requirements of 30 CFR 884.13a3iv.
Montanas revised Plan includes a section entitled Reclamation on Private Land and Rights of Entry that indicates the State will follow guidelines in SMCRA Section 407, 30 CFR part 882, and the provisions in 8241006, 239, 371, and 445, MCA regarding reclamation work on private land. The reference to SMCRA Section 407 is incorrect and OSMRE advised Montana that the reference should be to Section 408, Liens. Montana intends to correct this reference in its Plan and does not need to resubmit that change to OSMRE
as an amendment. Montana also specifies that consent for entry will be obtained before entering private land, but if consent is denied procedures outlined in 30 CFR part 877 and 824
239, 371, and 445, MCA will be followed. With the corrected citation, this section of Montanas Plan accurately provides the States policies and procedures for reclamation on private lands and right of entry and is therefore consistent with the Plan content requirements of 30 CFR
884.13a3v and vi.
Montanas revised Plan includes a section entitled Public Participation that indicates which State and Federal laws it will comply with pertaining to public participation, notice, and comment procedures for AML project activities and in other actions such as development of the AML Plan. Because Montanas proposed section provides the procedures and processes it will follow to ensure public participation and involvement in the State reclamation program and in preparation of the State reclamation Plan, this section is consistent with 30 CFR
884.13a3vii.

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As discussed above, Montanas revised Plan includes sections responding to the requirements of 30
CFR 884.13a3i through vii. These sections provide updated descriptions of the States policies and procedures for conducting its AML Program including: The purposes of the Program;
specific criteria for ranking and identifying projects to be funded;
coordination of reclamation work between the State and all applicable State and Federal agencies; land acquisition; reclamation on private land;
right of entry; and public involvement in the State reclamation program. These sections are simplified from previous versions of the Plan to eliminate unnecessary volume. Montanas revised Plan is consistent with the AML Plan content requirements of 30 CFR
884.13a3.
Federal regulations at 30 CFR
884.13a4i require a description of the designated agencys organization and relationship to other State entities that may participate in or augment the States AML reclamation abilities.
Montanas Plan includes a section entitled Policies and Procedures, Department Structure, that provides these descriptions as well as an organizational chart depicting the entire Division of Environmental Quality and the AML Programs place within it.
Federal regulations at 30 CFR
884.13a4ii require a description of the personnel staffing policies that will govern assignments within the AML
Program. Montanas revised Plan includes a section entitled Staffing and Personnel Policies that references applicable personnel and procurement policies such as the Age Discrimination Act of 1975 and the Civil Rights Act of 1964 rather than incorporating full text versions of these documents, which were included in the previous version of Montanas Plan. This change does not alter Montanas personnel or procurement procedures but decreases the overall volume of the Plan while still providing the information required under 30 CFR 884.13a4ii.
Federal regulations at 30 CFR
884.13a4iii require State purchasing and procurement systems to meet the requirements of Office of Management and Budget Circular A102, Attachment 0, relating to Grants and Cooperative Agreements with State and Local Governments. Federal grantmaking agencies were previously required to issue a grants management common rule to adopt governmentwide terms and conditions for grants to States and local governments. As a result, the attachments to Circular A102, including Attachment 0 referenced in 30

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