Voglio sapere a riguardo di…

37040

Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1

17, 2020, Federal Register 85 FR
81862. In the same document, we opened the public comment period and provided an opportunity for a public hearing or meeting on the adequacy of the amendment. We did not hold a public hearing or meeting because none were requested. The public comment period ended on January 19, 2021.
III. OSMREs Findings The following are the findings we made concerning Montanas amendment under SMCRA and the Federal regulations at 30 CFR 884.14 and 884.15. We are approving the amendment as described below.
Montanas Legislature enacted new statutory language at 8241006, MCA
in 2007 regarding establishment, management, and use of funds in the States Abandoned Mine Reclamation Account Account. This new statute establishes the States Abandoned Mine Reclamation Account within the Federal special revenue fund under existing 17
2102, MCA. The Federal special revenue fund consists of money deposited in the State treasury from Federal sources, including trust income, that is used for operation of the State government. This is the appropriate place to create an account for managing Federal grant funds under SMCRA. The applicable sections of 82410061
through 3, MCA properly identify SMCRA AML Program funding sources, handling of interest, uses of funds including specific lands and waters eligible for project funding under the AML Program, and allowable reclamation activities. The listed eligible lands and waters as well as reclamation activities are in accordance with those allowed for certified States under SMCRA Section 411. Creation of such an account is required under SMCRA Section 401a, which requires States to establish AML accounts for grant funds. Montana has fulfilled that responsibility by establishing its Abandoned Mine Reclamation Account.
According to 82410064, MCA
money in the Account that is subject to restrictions on use pursuant to Federal law, regulation, or grant conditions can only be used for the established purposes of the applicable Federal provision. Montanas Plan as revised under this amendment, as well as existing applicable statutory AML
provisions, demonstrate that Montanas AML activities are consistent with SMCRA. Montanas Plan will prioritize addressing the impacts of historic mining and will comply with all grant requirements under 2 CFR part 200, Uniform Administrative Requirements, Cost Principles, and Audit
VerDate Sep<11>2014

16:14 Jul 13, 2021

Jkt 253001

Requirements for Federal Awards.
However, 82410064, MCA ensures OSMRE grants, any abandoned mine lands grant funding from other Federal agencies, and any potential special future OSMRE funding received will be spent in accordance with applicable Federal restrictions.
Furthermore, 82410065, MCA
provides that unspent and unencumbered money must remain in the account at the end of the fiscal year until spent or appropriated by the State legislature. Montanas certified AML
grants from OSMRE are typically provided on a three-year performance period, although this performance period can be extended at the States request. The performance period begins when the AML grant agreement is signed. If the State does not expend the funds during the course of the performance period they must return the unused funds back to OSMRE.
However, the State can retain the unspent funds to carry over to the next year as long as it is within the performance period.
Because Montanas statutory language at 8241006, MCA fulfills a requirement for the State to create AML
accounts for grant funds at SMCRA
section 401a, all restrictions on handling and use of funds are in accordance with requirements for certified States under SMCRA section 411, and all grant funds will be managed in accordance with 2 CFR part 200, we are approving the addition of 8241006, MCA.
A. Revisions to Montanas Certified AML
Plan Montana is repealing and replacing its AML Plan with a simplified version that is structured similarly to the Federal AML Plan content requirements for States at 30 CFR 884.13. Documentation associated with Montanas original AML
Program approval and subsequent Plan revisions was included within the States previous Plan, leading to a lengthy and often duplicative document that was difficult to navigate. Now, Montana has made multiple editorial changes for brevity and structural alignment with Federal requirements as well as updates consistent with the 2006
changes to SMCRA under the Tax Relief and Health Care Act of 2006 Pub. L.
109432 and the associated changes to the implementing Federal regulations on November 14, 2008 73 FR 67576, and February 5, 2015 80 FR 6435. In order to simplify the Plan, the new version omits large and lengthy documentation that is now either incorporated by reference, is no longer applicable to Montanas AML Program,
PO 00000

Frm 00040

Fmt 4700

Sfmt 4700

was in duplicate copy, was replaced by updated information, or was never required to be included in the Plan. All changes are discussed below.
In order to simplify its Plan, Montana is removing and referencing Federal Register documentation regarding its AML Program approval, Program and Plan revisions, and certification of completion of all known high priority coal hazards. Removal and incorporation by reference is appropriate because these documents are not required to be in the State Plan.
Throughout Montanas revised Plan, applicable State and Federal AML
statutes and regulations are referenced, rather than incorporating the full text of those provisions. This approach decreases the overall volume of the Plan and prevents the need to further revise the Plan in the event of future statutory or regulatory changes. This change neither alters the statutes or regulations that apply to Montana nor the States authority or procedures for implementing its certified AML
Program.
Montanas revised Plan includes subsections entitled Background on Title IV of SMCRA, Background on the Montana Plan, and Purpose of the 2019
Revision. Inclusion of narrative program summaries is not required under the Federal program. However, it does provide background and context for the States certified AML Plan and does not conflict with the established AML Plan content requirements at 30 CFR 884.13.
Montanas revised Plan includes copies of the Governors 1977 and 1995
letters, respectively, initially designating the Department of State Lands and, then later after an agency reorganization, the Department of Environmental Quality, as the agency authorized to administer the State AML
Program and to receive and administer grants under 30 CFR part 886. Because Montanas AML Program is certified, it no longer receives grant funding from OSMRE under Part 886, but rather receives certified grant funding under 30 CFR part 885. While the 1977 and 1995 Governors letters should be replaced with an updated version reflecting the States certified grant recipient status and that it receives funding under 30 CFR part 885, the designated State agency remains the same as it was prior to certification.
Montana has incorporated the Governors letters designating the Department of Environmental Quality as the agency authorized to administer the State AML Program and receive and administer grants in its Plan as required under 30 CFR 884.13a1. Montana may replace these letters with an
E:FRFM14JYR1.SGM

14JYR1