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Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Rules and Regulations AML Program such as transmittal memos, records of public meetings, and discussion records between the State and OSMRE. Appendix A to the Plan includes a chronological list of significant Montana AML Program historical events. The removed historical documents are not required to be included in the State Plan and removal is therefore appropriate.
Montana has removed sections entitled The New Interim Bond Forfeiture Projects Initiative and The New Bankrupt Surety Bond Forfeiture Projects Initiative. To qualify for reclamation under these programs, sites must have been mined for coal or affected by coal mining processes and the site left in either an un-reclaimed or inadequately reclaimed condition 1
between August 4, 1977, and April 1, 1980 the date on which the Secretary of the Interior approved Montanas regulatory program pursuant to Section 503 of SMCRA, and any funds pursuant to a bond or other financial guarantee or from any other source that would be available for reclamation and abatement were not sufficient to provide for adequate reclamation or abatement at the site, or 2 between August 4, 1977, and November 5, 1990, and the surety of the mining operator became insolvent during such period, and as of November 5, 1990, funds immediately available from proceedings relating to such insolvency or from any financial guarantee or other source were not sufficient to provide for adequate reclamation or abatement of the site. In addition, to qualify for reclamation or abatement funding under the initiatives cited above, such sites must have been either Priority 1 or 2 sites pursuant to section 403a1 and 2 of SMCRA.
Because more than 30 years have passed since any site could qualify for reclamation under these requirements, this part is no longer relevant to the Montana Program. As such, removal of the sections related to these initiatives is appropriate.
Montana is repealing and not replacing its Plan section entitled The Grant Set Aside for Future Priority IIII
Coal, and AMD Abatement/Treatment Program Initiative because it no longer applies to the Montana Program. The State retains its Trust Fund for future expenditures on abandoned mine reclamation coal or noncoal and its OSMRE Trust coal only. No new grant funds are placed in these accounts and interest earned is considered State funds in accordance with 30 CFR 873.12.
Montana also has an approved interestbearing account earmarked for the operation and maintenance of the Belt Water Treatment Plant authorized via
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letter from OSMRE dated July 21, 2010.
However, this is not a set-aside account under SMCRA section 402g6 and was properly funded using Prior Balance Replacement and Certified in Lieu Funds. Although Montana is removing this section from its Plan, its historically approved and created accounts remain in existence and are properly administered through the States normal operations and overseen by OSMRE
through routine oversight and grant monitoring processes.
Montana is removing its Emergency Reclamation Responsibility section previously approved under SMCRA
sections 401c5 and 410 and 30 CFR
877.14, and 30 CFR part 879. This program only applied to emergency coal hazards and is no longer applicable or necessary under Montanas certified AML Program.
All content removal support Montanas goals of streamlining and updating its Plan consistently with updated Federal requirements as required by OSMRE though its March 6, 2019 letter sent under the authority of 30 CFR 884.15. We therefore approve these changes.
IV. Summary and Disposition of Comments Public Comments We asked for public comments on the amendment, but none were received.
Federal Agency Comments Pursuant to 30 CFR 884.15a and 884.14a2, OSMRE solicited comments on the proposed amendment from various Federal agencies with an actual or potential interest in the Montana Plan on October 14, 2020
Administrative Record No. OSM2020
00040004. We did not receive any comments.
Environmental Protection Agency EPA
Concurrence and Comments OSMRE solicited EPAs comments on the proposed amendment Administrative Record No. OSM2020
00040004. The EPA did not respond to our request.
State Historical Preservation Officer SHPO and the Advisory Council on Historic Preservation ACHP
OSMRE solicited comments on the proposed amendment from the SHPO
Administrative Record No. OSM2020
00040004 and the ACHP
Administrative Record No. OSM2020
00040005. SHPO did not respond to our request. By email dated December 4, 2020 Administrative Record No. OSM
202000040006, ACHP indicated its belief that the revised Plan did not have
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any involvement with OSMREs National Historic Preservation Act NHPA Section 106 review process in Montana, and therefore ACHP does not have any comments on this Plan.
OSMRE agrees with ACHPs assessment that the revised Plan does not alter OSMREs NHPA Section 106 review process in Montana.
V. OSMREs Decision Based on the above findings, we are approving Montanas AML Plan amendment that was submitted on August 4, 2020.
To implement this decision, we are amending the Federal regulations, at 30
CFR part 926, which codify decisions concerning the Montana Plan. In accordance with the Administrative Procedure Act, this rule will take effect 30 days after the date of publication.
Generally, SMCRA requires that each State with an AML program must have an approved State regulatory program pursuant to section 503 of the Act.
Section 503a of the Act requires that the States 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. Procedural Determinations Executive Order 12630Governmental Actions and Interference With Constitutionally Protected Property Rights This rule would not affect 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 12866Regulatory 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 approval of State program amendments is exempted from OMB review under Executive Order 12866. Executive Order 13563, which reaffirms and supplements Executive Order 12866, retains this exemption.
Executive Order 12988Civil Justice Reform The Department of the Interior has reviewed this rule as required by
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