Montana Regulatory Program

DEPARTMENT OF THE INTERIOR <SUBAGY>Office of Surface Mining Reclamation and Enforcement</SUBAGY> <CFR>30 CFR Part 926</CFR> <DEPDOC>[SATS No. MT-049-FOR; Docket ID: OSM-2025-0022; S1D1S SS08011000 SX064A000 256S180110; S2D2S SS08011000 SX064A000 25XS501520]</DEPDOC> <SUBJECT>Montana Regulatory Program</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Office of Surface Mining Reclamation and Enforcement, Interior. <HD SOURCE="HED">ACTION:</HD> Proposed rule; public comment period and opportunity for public hearing on proposed amendment. <SUM> <HD SOURCE="HED">SUMMARY:</HD> We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Montana regulatory program (the Montana program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Montana submitted this proposed amendment to us, on its own initiative, following the passage of Montana House Bill 633 (HB 633) during the 2025 legislative session. Montana proposes several changes to the Montana Code Annotated (MCA). Montana proposes that objections to the Montana Department of Environmental Quality's (DEQ) decisions are limited to issues previously raised in a comment or written objection submitted during the relevant comment period. The submittal also requires cumulative hydrologic impact assessments to be published along with DEQ's acceptability determination. Also, Montana adds contingencies in HB 633 that will not be codified into law but that will apply to the proposed amendment: “Saving clause,” “Severability,” “Contingent voidness,” and “Effective date.” </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> We will accept written comments on this amendment until 4:00 p.m., Mountain Daylight Time (M.D.T.) September 22, 2025. If requested, we may hold a public hearing or meeting on the amendment on September 15, 2025. We will accept requests to speak at a hearing until 4:00 p.m., M.D.T. on September 5, 2025. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> You may submit comments, identified by SATS No. MT-049-FOR, by any of the following methods: • <E T="03">Mail/Hand Delivery:</E> OSMRE, Attn: Jeffrey Fleischman, P.O. Box 11018, 100 East B Street, Room 4100, Casper, Wyoming 82602. • <E T="03">Fax:</E> (307) 261-6552. • <E T="03">Federal eRulemaking Portal:</E> The amendment has been assigned Docket ID: OSM-2025-0022. If you would like to submit comments, go to <E T="03"> https://www.regulations.gov.</E> Follow the instructions for submitting comments. <E T="03">Instructions:</E> 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 <E T="02">SUPPLEMENTARY INFORMATION</E> section of this document. <E T="03">Docket:</E> For access to the docket to review copies of the Montana program, this amendment, a listing of any scheduled public hearings or meetings, 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. The full text of the program amendment is available for you to read at <E T="03">www.regulations.gov.</E> Or you may receive one free copy of the amendment by contacting OSMRE's Casper Field Office: Attn: Jeffrey Fleischman, Field Office Director, Office of Surface Mining Reclamation and Enforcement, 100 East B Street, Casper, Wyoming 82602, Telephone: (307) 261-6550, Email: <E T="03">jfleischman@osmre.gov.</E> In addition, you may review a copy of the amendment during regular business hours at the following location: Attn: Eric Dahlgren, Bureau Chief, Mining Bureau, Montana Department of Environmental Quality, 2401 Colonial Drive, Helena, MT 59601-0901, Telephone: (406) 444-5245, Email: <E T="03">edahlgren@mt.gov.</E> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Attn: Jeffrey Fleischman, Field Office Director, Office of Surface Mining Reclamation and Enforcement, 100 East B Street, Casper, Wyoming 82602, Telephone: (307) 261-6550, Email: <E T="03">jfleischman@osmre.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <FP SOURCE="FP-2">I. Background on the Montana Program</FP> <FP SOURCE="FP-2">II. Description of the Proposed Amendment</FP> <FP SOURCE="FP-2">III. Public Comment Procedures</FP> <FP SOURCE="FP-2">IV. Procedural Determinations</FP> <HD SOURCE="HD1">I. Background on the Montana Program</HD> Subject to OSMRE's oversight, section 503(a) of the Act permits a State to assume primacy for the regulation of surface coal mining and reclamation operations on non-Federal and non-Indian lands within its borders by demonstrating that its approved, State program includes, among other things, State laws and regulations that govern surface coal mining and reclamation operations in accordance with the Act and consistent with the Federal regulations. <E T="03">See</E> 30 U.S.C. 1253(a)(1) and (7). On the basis of these criteria, the Secretary of the Interior conditionally approved the Montana program on April 1, 1980. You can find background information on the Montana program, including the Secretary's findings, the disposition of comments, and conditions of approval of the Montana program in the April 1, 1980, <E T="04">Federal Register</E> (45 FR 21560). You can also find later actions concerning the Montana program and program amendments at 30 CFR 926.15. <HD SOURCE="HD1">II. Description of the Proposed Amendment</HD> By letter dated June 6, 2025 (Administrative Record No. MT-049-01), Montana sent us an amendment to its program under SMCRA (30 U.S.C. 1201 <E T="03">et seq.</E> ). We found Montana's proposed amendment to be administratively complete on June 9, 2025. Montana submitted this proposed amendment to us, on its own initiative, following the passage of Montana House Bill 633 (HB 633) during the 2025 legislative session. Montana first proposes changes to procedures for contested case hearings at 82-4-206(1) of the MCA. Montana proposes that for an applicant, permittee, or person otherwise adversely affected by a DEQ decision to request a hearing with the Board of Environmental Review, that party must have submitted comments or written objections during the relevant comment period. Second, at 82-4-231(8)(e), Montana proposes that where DEQ requires a cumulative hydrologic impact assessment, DEQ must publish a draft of that assessment along with DEQ's determination that the application is administratively complete and acceptable for review. Third, at 82-4-231(9), Montana proposes that an applicant, permittee, landowner, or person adversely affected by DEQ's permit decision may request a hearing with the Board of Environmental Review only if they submitted a written objection pursuant to 82-4-231(8). Furthermore, the hearing must be limited to issues raised in written objections and issues not addressed by DEQ in its notice of determination published in accordance with 82-4-231(8)(e). Finally, HB 633 adds four contingencies that affect the amended sections above, but that are not codified into the MCA. This includes a “Saving” clause that does not allow HB 633 to affect the rights and duties that matured, penalties that were incurred, or proceedings that were begun before the effective date; a “Severability” clause that would allow valid parts to remain effective if other parts are found invalid; a “Contingent voidness” clause that would void any portion of the act disapproved by the U.S. Secretary of the Interior; and an “Effective date” clause, which makes HB 633 effective the date in which it is passed and approved. The full text of the program amendment is available for you to read at the locations listed above under <E T="02">ADDRESSES</E> or at <E T="03">www.regulations.gov.</E> <HD SOURCE="HD1">III. Public Comment Procedures</HD> Under the provisions of 30 CFR 732.17(h), we are seeking your comments on whether the amendment satisfies the applicable program approval criteria of 30 CFR 732.15. If we approve the amendment, it will become part of the State program. <HD SOURCE="HD2">Electronic or Written Comments</HD> If you submit written or electronic comments on the proposed rule during the 30-day comment period, they should be specific, confined to issues pertinent to the proposed regulations, and explain the reason for any recommended change. We appreciate any and all comments, but those most useful and likely to influence decisions on the final regulations will be those that either involve personal experience or include citations to and analyses of SMCRA, its legislative history, its implementing regulations, case law, other pertinent State or Federal laws or regulations, technical literature, or other relevant publications. We cannot ensure that comments received after the close of the comment period (see DATES) or sent to an address other than those listed (see <E T="02">ADDRESSES</E> ) will be included in the docket for this rulemaking and considered. <HD SOURCE="HD2">Public Availability of Comments</HD> Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment including your personal identifying information, may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. <HD SOURCE="HD2">Public Hearing</HD> If you wish to speak at the public hearing, contact the person listed under <E T="02">FOR FURTHER INFORMATION CONTACT</E> by 4:00 p.m., M.D.T. on September 5, 2025. 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