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Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Rules and Regulations
CFR 884.13a4iii, have been replaced by the grants management common rule at 2 CFR part 200. The Federal regulations have not yet been updated to reflect this change; however, it is reflected in the States revised Plan under the section entitled Purchasing and Procurement, which indicates its purchasing and procurement policies are consistent with 2 CFR part 200. This section provides descriptions of purchasing and procurement systems consistent with the requirements of 30
CFR 884.13a4iii.
Montanas revised Plan includes a Contractor Eligibility subsection under the Purchasing and Procurement section that indicates the State will comply with SMCRA section 510c and 30 CFR
875.20 in determining the eligibility of bidders on AML Program contracts through the Applicant Violator System AVS. By referencing the applicable Federal statute and regulation, Montanas revised Plan incorporates all applicable contractor eligibility requirements and is therefore consistent with the Federal program at SMCRA
section 510c and 30 CFR 875.20.
Federal regulations at 30 CFR
884.13a4iv require a description of the accounting system to be used by the agency including specific procedures for operation of the AML Fund. Montanas new Plan includes a section entitled Accounting System that describes the Statewide Accounting, Budgeting and Human Resources System, how it conforms to 2 CFR part 200, that funds are safeguarded and accounted for, how audits will be conducted and audit recommendations implemented, and programmatic and financial reports will be made to OSMRE as required.
As discussed above, Montanas revised Plan includes four sections providing revised descriptions of the States administrative and management structure: Department Structure;
Staffing and Personnel Policies;
Purchasing and Procurement; and Accounting System. By providing all required descriptions of the administrative and management structure of the State AML agency, Montanas revised Plan is consistent with all AML Plan content requirements under 30 CFR 884.13a4.
Montanas revised Plan includes sections entitled Description of Reclamation Activities, Montana AML
Problems, and Plan to Address Problems that provide general descriptions derived from available data of the reclamation activities to be conducted under the State Plan including: A map showing the general location of known or suspected eligible lands and waters;
a description of the problems occurring
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on those lands and waters; and how the Plan proposes to address each of the problems. Because Montana is certified, the State has already completed all known high priority coal hazards. The revised maps and information reflect the States certified status, identifying historic mining areas where AML
hazards may occur, as well as general AML hazard types and abatement strategies without identifying specific project areas. Individual project approval and funding are appropriately handled through the Authorization to Proceed process under 30 CFR
885.16e. Montanas revised Plan sections entitled Description of Reclamation Activities, Montana AML
Problems and Plan to Address Problems are consistent with the AML Plan content requirements of 30 CFR
884.13a5 in providing general descriptions of reclamation activities to be conducted including maps, descriptions of AML problems, and descriptions of hazard abatement strategies.
Montanas revised Plan includes sections entitled: Geographic Areas of Montana; Montana Economic Base;
Significant Esthetic, Historic or Cultural, and Recreational Values; and Endangered and Threatened Plant, Fish, and Wildlife Habitat that provide general descriptions on each subject derived from available data on the conditions prevailing in the areas of the state where reclamation may occur.
Montana has reduced the volume of these sections by omitting unnecessary documentation that was included in the previous version of its Plan such as detailed demographic information, projected population growth rates, graphics and charts depicting different population and employment parameters, and a map depicting the general topographic regions of the state.
The omitted items were outdated and not required to be in the Plan.
Montanas revised Plan provides descriptions of the prevailing conditions in the State where reclamation may occur consistent with the requirements of 30 CFR 884.13a6.
Montanas revised Plan includes a section entitled Additional Requirement for Certified States and Indian Tribes that provides a commitment to address all eligible coal problems found or occurring after certification as required under 30 CFR 875.13a3 and 875.14b. Montana indicates it will prioritize coal hazards over noncoal hazards unless a noncoal hazard site imminently threatens human health or the environment, in which case, the State will assess the need for taking appropriate action in consultation with
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OSMRE. By committing to give priority to addressing eligible coal problems found or occurring after certification as required in 30 CFR 875.13a3 and 875.14b, Montanas revised Plan is consistent with the AML Plan content requirements of 30 CFR 884.13b.
Thus, we find that Montanas Plan, as amended, meets all content requirements stipulated under 30 CFR
884.13 while also updating the Plan consistently with changes made to the Federal program in 2006, 2008, and 2015. Montanas revised Plan, therefore, meets the requirements of OSMREs March 6, 2019 letter, and we approve it.
B. Sections Removed From the Montana Plan To simplify its revised Plan, Montana removed and did not replace extraneous, duplicate, and outdated documentation from the repealed version. A brief discussion of major sections no longer included in Montanas Plan is as follows:
Montana has removed its outdated AML hazard inventory, project planning, and estimated cost information. As a certified State, all high priority coal hazards have now been abated and such detailed project planning is neither possible nor required to be incorporated in Montanas Plan. Proposed projects are now appropriately identified by the State and approved by OSMRE through the Authorization to Proceed processes under 30 CFR 885.16e.
Montana has removed the full text of several statutory and regulatory provisions from its Plan. As noted in the section above, many statutes and regulations are now incorporated by reference rather than copied in the Plan.
However, some are removed and not referenced or replaced in the Plan. This action neither alters any existing statutes or regulations, which will continue to apply with full force and effect, nor does it alter which statutes or regulations apply to Montanas certified AML Program. Removals include: State statutes establishing the Board of Environmental Review; rules pertaining to equal opportunity, handicapped persons preference, and purchasing;
and Americans With Disabilities Act implementation plans. Similarly, Montana has removed some Federal regulation language, including previous versions of 30 CFR 884.13 through 884.15 and 30 CFR 926.21, from its Plan. This State and Federal language was never required to be incorporated in the State Plan. As such, removal is appropriate.
Montana removed historic records related to approval and revision of its
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