Montana AML Plan, 81862-81864 [2020-27544]

Download as PDF 81862 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Proposed Rules the EEOP Director except that any notice required to be sent to the aggrieved party shall be sent to the agent of the class or his or her representative. (b) The Final Agency Decision on a class complaint shall be binding on all members of the class. § 1225.18 Notification of Class Members of Decision. Class members shall be notified by the agency of the final agency decision and corrective action, if any, using at the minimum, the same media employed to give notice of the existence of the class complaint. The notice, where appropriate, shall include information concerning the rights of class members to seek individual relief and of the procedures to be followed. Notice shall be given by the Agency within ten (10) calendar days of the transmittal of its decision to the agent. § 1225.19 Corrective Action. (a) When discrimination is found. CNCS, or the recipient or subrecipient of CNCS assistance or resources, as appropriate, must take appropriate action to eliminate or modify the policy or practice out of which such discrimination arose, and provide individual corrective action to the agent and other class members in accordance with 1225.10 of this part. (b) When discrimination is found and a class member believes that but for that discrimination he or she would have been accepted as a Member of Volunteer or received some other volunteer service benefit, the class member may file a written claim with the EEOP Director within thirty (30) calendar days of notification by the agency of its decision. (c) The claim must include a specific, detailed statement showing that the claimant is a class member who was affected by an action or matter resulting from the discriminatory policy or practice which arose not more than 30 days preceding the filing of the class complaint. (d) The Agency shall attempt to resolve the claim within sixty (60) calendar days after the date the claim was postmarked, or in the absence of a postmark, within sixty (60) calendar days after the date it was received by the EEOP Director. § 1225.20 Claim Appeals. (a) If the EEOP Director and claimant do not agree that the claimant is a member of the class, or upon the relief to which the claimant is entitled, the EEOP Director shall refer the claim, with recommendations concerning it, to the CEO or their designee for a Final VerDate Sep<11>2014 17:56 Dec 16, 2020 Jkt 253001 Agency Decision and shall so notify the claimant. The class member may submit written evidence to the CEO or their designee concerning his or her status as a member of the class. Such evidence must be submitted no later than ten (10) calendar days after receipt of referral. (b) The CEO or their designee shall decide the issue within thirty (30) days of the date of referral by the EEOP Director. The claimant shall be informed in writing of the decision and its basis and that it will be the Final Agency Decision of the issue. § 1225.21 Judicial Review. (a) An applicant, candidate, Member or Volunteer is authorized to file a civil action in an appropriate U.S. District Court: (1) Within thirty (30) calendar days of his or her receipt of the notice of final action taken by the agency; or (2) After one hundred eighty (180) calendar days from the date of filing a formal discrimination complaint with the agency if there has been no final agency action. Dated: November 20, 2020. Helen Serassio, Acting General Counsel of Corporation for National and Community Service. Timothy Noelker, General Counsel of the Peace Corps. [FR Doc. 2020–26122 Filed 12–16–20; 8:45 am] BILLING CODE 6051–01–P DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 926 [SATS No. MT–039–FOR; Docket ID: OSM– 2020–0004; S1D1S SS08011000 SX064A000 212S180110; S2D2S SS08011000 SX064A000 21XS501520] Montana AML Plan Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment. AGENCY: We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Montana Abandoned Mine Land Reclamation Plan (Montana Plan) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The State submitted this proposal in response to OSMRE’s request to update the Montana Plan. Montana also seeks to make SUMMARY: PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 changes that will improve the Plan’s readability and operational efficiency. This document gives the times and locations that the Montana Plan and this proposed amendment to that Plan are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested. DATES: We will accept written comments on this amendment until 4:00 p.m., M.D.T., January 19, 2021. If requested, we will hold a public hearing on the amendment on January 11, 2021. We will accept requests to speak at a hearing until 4:00 p.m., M.D.T. on January 4, 2021. ADDRESSES: You may submit comments, identified by SATS No. MT–039–FOR, by any of the following methods: • Mail/Hand Delivery: OSMRE, Attn: Jeffrey Fleischman, P.O. Box 11018, Dick Cheney Federal Building, 100 East B Street, Casper, WY 82601–7032. • Fax: (307) 261–6552. • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. Instructions: 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 SUPPLEMENTARY INFORMATION section of this document. Docket: For access to the docket to review copies of the Montana program, this amendment, a listing of any scheduled public hearings, 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. You may receive one free copy of the amendment by contacting OSMRE’s Casper Field Office or the full text of the program amendment is available for you to read at www.regulations.gov. Attn: Jeffrey Fleischman, Division Manager, Office of Surface Mining Reclamation and Enforcement, OSMRE, Dick Cheney Federal Building, 150 East B Street, Casper, WY 82601–7032. Telephone: 307–261–6550. Email: JFleischman@osmre.gov. In addition, you may review a copy of the amendment during regular business hours at the following location: Montana Department of Environmental Quality, 1225 Cedar Street, Helena, MT 59601. FOR FURTHER INFORMATION CONTACT: Jeffrey Fleischman, Office of Surface E:\FR\FM\17DEP1.SGM 17DEP1 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Proposed Rules Mining Reclamation and Enforcement, Dick Cheney Federal Building, 150 East B Street, Casper, WY 82601–7032. Telephone: (307) 261–6550. Email: JFleischman@osmre.gov. SUPPLEMENTARY INFORMATION: I. Background on the Montana Plan II. Description of the Proposed Amendment III. Public Comment Procedures IV. Statutory and Executive Order Reviews I. Background on the Montana Plan The Abandoned Mine Land Reclamation Program was established by Title IV of the Act (30 U.S.C. 1201 et seq.) in response to concerns over extensive environmental damage caused by past coal mining activities. The program is funded by a reclamation fee collected on each ton of coal that is produced. The money collected is used to finance the reclamation of abandoned coal mines and for other authorized activities. Section 405 of the Act allows States and Indian tribes to assume exclusive responsibility for reclamation activity within the State or on Indian lands if they develop and submit to the Secretary of the Interior for approval, a program (often referred to as a plan) for the reclamation of abandoned coal mines. On October 24, 1980, the Secretary of the Interior approved the Montana Plan. You can find general background information on the Montana Plan, including the Secretary’s findings and the disposition of comments, in the October 24, 1980, Federal Register (45 FR 70445). OSMRE announced in the July 9, 1990, Federal Register (55 FR 28022), the Director’s decision accepting certification by Montana that it had addressed all known coal-related impacts in the State that were eligible for funding under the Montana Plan. You can also find later actions concerning Montana’s Plan and Plan amendments at 30 CFR 926.25. II. Description of the Proposed Amendment In a letter dated March 6, 2019 (Document ID No. OSM–2020–0004– 0003), OSMRE, under the authority of 30 CFR 884.15, directed the State to update the Montana Plan. OSMRE requested that Montana update its Plan to meet the requirements of SMCRA, as revised on December 20, 2006 as part of the Tax Relief and Health Care Act of 2006 (Pub. L. 109–432), and in response to changes made to the implementing federal regulations as revised on November 14, 2008 (73 FR 67576) and February 5, 2015 (80 FR 6435). By letter dated August 4, 2020 (Administrative Record No. OSM–2020–0004–0002), Montana sent us an amendment to its VerDate Sep<11>2014 17:56 Dec 16, 2020 Jkt 253001 State Plan under SMCRA (30 U.S.C. 1201 et seq.). This amendment is intended to address the required amendments identified in OSMRE’s letter dated March 6, 2019. The State has also proposed additional changes as part of the State’s initiative to improve the Plan’s readability and operational efficiency. This amendment will essentially repeal and replace Montana’s existing AML Plan. A summary of the proposed changes is provided below. Through this amendment, Montana proposes to include an updated legal opinion from the State indicating the Department of Environmental Quality (DEQ) has legal authority to conduct the AML Program under SMCRA as required under 30 CFR 884.13(a)(2). The State also proposes to omit historical documents regarding approval of previous changes to the Montana Plan; reference statutory sections rather than incorporating statutory language; reference rather than incorporating other relevant State laws such as personnel and procurement policies; clarify how AML hazards are classified into priority ranks and selected for funding; indicate how coal versus noncoal projects will be selected; clarify the Authorization to Proceed process prior to beginning reclamation projects; clarify historic set-aside fund and acid mine drainage treatment accounts, remove the Emergency Program section; and make general editorial changes for brevity and structural alignment with the Federal AML Plan requirements under 30 CFR 884.13. Montana’s amendment submittal package also proposes a change to statutory language at MCA 82–4–1006 enacted by the State Legislature in 2007 regarding establishment, management, and use of funds in the State’s Abandoned Mine Reclamation Account. The full text of the program amendment is available for you to read at the locations listed above under ADDRESSES or at www.regulations.gov. III. Public Comment Procedures We are seeking your comments on whether the amendment satisfies the applicable plan approval criteria of 30 CFR 884.14 and 884.15. If we approve the amendment, it will become part of the state Plan. Electric or Written Comments 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 Plan, and explain the reason for any recommended change(s). We appreciate any and all comments, but those most useful and likely to PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 81863 influence decisions on the final Plan 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 ADDRESSES) will be included in the docket for this rulemaking and considered. Public Availability of Comments 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. Public Hearing If you wish to speak at the public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., M.D.T. on January 4, 2021. If you are disabled and need reasonable accommodations to attend a public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT. We will arrange the location and time of the hearing with those persons requesting the hearing. If no one requests an opportunity to speak, we will not hold a hearing. To assist the transcriber and ensure an accurate record, we request, if possible, that each person who speaks at the public hearing provide us with a written copy of his or her comments. The public hearing will continue on the specified date until everyone scheduled to speak has been given an opportunity to be heard. If you are in the audience and have not been scheduled to speak and wish to do so, you will be allowed to speak after those who have been scheduled. We will end the hearing after everyone scheduled to speak and others present in the audience who wish to speak, have been heard. Public Meeting If only one person requests an opportunity to speak, we may hold a public meeting rather than a public hearing. If you wish to meet with us to discuss the amendment, please request a meeting by contacting the person listed under FOR FURTHER INFORMATION E:\FR\FM\17DEP1.SGM 17DEP1 81864 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Proposed Rules CONTACT. All such meetings are open to the public and, if possible, we will post notices of meetings at the locations listed under ADDRESSES. We will make a written summary of each meeting a part of the administrative record. DEPARTMENT OF THE INTERIOR IV. Procedural Determinations [SATS No. PA–172–FOR; Docket ID: OSM– 2020–0001; S1D1S SS08011000 SX064A000 212S180110; S2D2S SS08011000 SX064A000 21XS501520] Executive Order 12866—Regulatory Planning and Review and Executive Order 13563—Improving Regulation and Regulatory Review Other Laws and Executive Orders Affecting Rulemaking When a state submits a Plan amendment to OSMRE for review, our regulations at 30 CFR 884.14 and 884.15, and agency policy require public notification and an opportunity for public comment. We accomplish this by publishing a notice in the Federal Register indicating receipt of the proposed amendment, its text or a summary of its terms. We conclude our review of the proposed amendment after the close of the public comment period and determine whether the amendment should be approved, approved in part, or not approved. At that time, we will also make the determinations and certifications required by the various laws and executive orders governing the rulemaking process and include them in the final rule. List of Subjects in 30 CFR Part 926 Abandoned mine reclamation programs, Intergovernmental relations, Surface mining, Underground mining. [FR Doc. 2020–27544 Filed 12–16–20; 8:45 am] BILLING CODE 4310–05–P VerDate Sep<11>2014 17:56 Dec 16, 2020 Jkt 253001 30 CFR Part 938 Pennsylvania Regulatory Program 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 and is exempted from OMB review under Executive Order 12866. Executive Order 13563, which reaffirms and supplements Executive Order 12866, retains this exemption. David A. Berry, Regional Director, Unified Regions 5, 7–11. Office of Surface Mining Reclamation and Enforcement Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Proposed rule; public comment period and opportunity for public hearing on proposed amendment. AGENCY: We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Pennsylvania regulatory program (hereinafter, the Pennsylvania program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Through this proposed amendment, Pennsylvania is requesting to make changes to its regulations addressing four required amendments, one part not previously approved, and several program revisions submitted. The proposed amendment includes, but is not limited to, augmented seeding, bonding, haul roads, effluent limitations for bituminous underground mines, temporary cessation, definition of Surface Mining Activities, civil penalties, administrative requirements, and Employee Financial Interest Reporting Form, as well as other administrative updates and corrections. This document gives the times and locations that the Pennsylvania program and this proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested. DATES: We will accept written comments on this amendment until 4:00 p.m., Eastern Standard Time (e.s.t.), January 19, 2021. If requested, we may hold a public hearing or meeting on the amendment on January 11, 2021. We will accept requests to speak at a hearing until 4:00 p.m., e.s.t. on January 4, 2021. ADDRESSES: You may submit comments, identified by SATS No. PA–172–FOR, by any of the following methods: • Mail/Hand Delivery: Ben Owens, Acting Field Office Director, Pittsburgh Field Office, 3 Parkway Center South, 2nd Floor, Pittsburgh, PA 15220. • Fax: (412) 937–2903. SUMMARY: PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 • Email: bowens@osmre.gov. • Federal eRulemaking Portal: The amendment is assigned the Docket ID: OSM–2020–0001, If you would like to submit comments go to https:// www.regulations.gov. Follow the instructions for submitting comments. Instructions: 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 SUPPLEMENTARY INFORMATION section of this document. Docket: For access to the docket to review copies of the Pennsylvania 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. You may receive one free copy of the amendment by contacting OSMRE’s Pittsburgh Field Office or the full text of the program amendment is available for you to read at https:// www.regulations.gov. Ben Owens, Acting Field Office Director, Pittsburgh Field Office, Office of Surface Mining Reclamation and Enforcement, 3 Parkway Center Drive South, 2nd Floor, Pittsburgh, PA 15220. Telephone: (412) 937–2827. Email: bowens@osmre.gov. In addition, you may review a copy of the amendment during regular business hours at the following location: William S. Allen, Jr., Director, Bureau of Mining Programs, Pennsylvania Department of Environmental Protection, Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA 17101. FOR FURTHER INFORMATION CONTACT: Ben Owens, Acting Field Office Director, Pittsburgh Field Office, Office of Surface Mining Reclamation and Enforcement, 3 Parkway Center Drive South, 2nd Floor, Pittsburgh, PA 15220 Telephone: (412) 937–2827. Email: bowens@osmre.com. SUPPLEMENTARY INFORMATION: I. Background on the Pennsylvania Program II. Description of the Proposed Amendment III. Public Comment Procedures IV. Statutory Orders and Executive Reviews I. Background on the Pennsylvania Program 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 E:\FR\FM\17DEP1.SGM 17DEP1

Agencies

[Federal Register Volume 85, Number 243 (Thursday, December 17, 2020)]
[Proposed Rules]
[Pages 81862-81864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27544]


=======================================================================
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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 926

[SATS No. MT-039-FOR; Docket ID: OSM-2020-0004; S1D1S SS08011000 
SX064A000 212S180110; S2D2S SS08011000 SX064A000 21XS501520]


Montana AML Plan

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Proposed rule; public comment period and opportunity for public 
hearing on proposed amendment.

-----------------------------------------------------------------------

SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE), are announcing receipt of a proposed amendment to the Montana 
Abandoned Mine Land Reclamation Plan (Montana Plan) under the Surface 
Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The 
State submitted this proposal in response to OSMRE's request to update 
the Montana Plan. Montana also seeks to make changes that will improve 
the Plan's readability and operational efficiency. This document gives 
the times and locations that the Montana Plan and this proposed 
amendment to that Plan are available for your inspection, the comment 
period during which you may submit written comments on the amendment, 
and the procedures that we will follow for the public hearing, if one 
is requested.

DATES: We will accept written comments on this amendment until 4:00 
p.m., M.D.T., January 19, 2021. If requested, we will hold a public 
hearing on the amendment on January 11, 2021. We will accept requests 
to speak at a hearing until 4:00 p.m., M.D.T. on January 4, 2021.

ADDRESSES: You may submit comments, identified by SATS No. MT-039-FOR, 
by any of the following methods:
     Mail/Hand Delivery: OSMRE, Attn: Jeffrey Fleischman, P.O. 
Box 11018, Dick Cheney Federal Building, 100 East B Street, Casper, WY 
82601-7032.
     Fax: (307) 261-6552.
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: 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 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: For access to the docket to review copies of the Montana 
program, this amendment, a listing of any scheduled public hearings, 
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. You may receive one free 
copy of the amendment by contacting OSMRE's Casper Field Office or the 
full text of the program amendment is available for you to read at 
www.regulations.gov.
    Attn: Jeffrey Fleischman, Division Manager, Office of Surface 
Mining Reclamation and Enforcement, OSMRE, Dick Cheney Federal 
Building, 150 East B Street, Casper, WY 82601-7032. Telephone: 307-261-
6550. Email: [email protected].
    In addition, you may review a copy of the amendment during regular 
business hours at the following location: Montana Department of 
Environmental Quality, 1225 Cedar Street, Helena, MT 59601.

FOR FURTHER INFORMATION CONTACT: Jeffrey Fleischman, Office of Surface

[[Page 81863]]

Mining Reclamation and Enforcement, Dick Cheney Federal Building, 150 
East B Street, Casper, WY 82601-7032. Telephone: (307) 261-6550. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background on the Montana Plan
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Statutory and Executive Order Reviews

I. Background on the Montana Plan

    The Abandoned Mine Land Reclamation Program was established by 
Title IV of the Act (30 U.S.C. 1201 et seq.) in response to concerns 
over extensive environmental damage caused by past coal mining 
activities. The program is funded by a reclamation fee collected on 
each ton of coal that is produced. The money collected is used to 
finance the reclamation of abandoned coal mines and for other 
authorized activities. Section 405 of the Act allows States and Indian 
tribes to assume exclusive responsibility for reclamation activity 
within the State or on Indian lands if they develop and submit to the 
Secretary of the Interior for approval, a program (often referred to as 
a plan) for the reclamation of abandoned coal mines.
    On October 24, 1980, the Secretary of the Interior approved the 
Montana Plan. You can find general background information on the 
Montana Plan, including the Secretary's findings and the disposition of 
comments, in the October 24, 1980, Federal Register (45 FR 70445). 
OSMRE announced in the July 9, 1990, Federal Register (55 FR 28022), 
the Director's decision accepting certification by Montana that it had 
addressed all known coal-related impacts in the State that were 
eligible for funding under the Montana Plan. You can also find later 
actions concerning Montana's Plan and Plan amendments at 30 CFR 926.25.

II. Description of the Proposed Amendment

    In a letter dated March 6, 2019 (Document ID No. OSM-2020-0004-
0003), OSMRE, under the authority of 30 CFR 884.15, directed the State 
to update the Montana Plan. OSMRE requested that Montana update its 
Plan to meet the requirements of SMCRA, as revised on December 20, 2006 
as part of the Tax Relief and Health Care Act of 2006 (Pub. L. 109-
432), and in response to changes made to the implementing federal 
regulations as revised on November 14, 2008 (73 FR 67576) and February 
5, 2015 (80 FR 6435). By letter dated August 4, 2020 (Administrative 
Record No. OSM-2020-0004-0002), Montana sent us an amendment to its 
State Plan under SMCRA (30 U.S.C. 1201 et seq.). This amendment is 
intended to address the required amendments identified in OSMRE's 
letter dated March 6, 2019. The State has also proposed additional 
changes as part of the State's initiative to improve the Plan's 
readability and operational efficiency. This amendment will essentially 
repeal and replace Montana's existing AML Plan. A summary of the 
proposed changes is provided below.
    Through this amendment, Montana proposes to include an updated 
legal opinion from the State indicating the Department of Environmental 
Quality (DEQ) has legal authority to conduct the AML Program under 
SMCRA as required under 30 CFR 884.13(a)(2). The State also proposes to 
omit historical documents regarding approval of previous changes to the 
Montana Plan; reference statutory sections rather than incorporating 
statutory language; reference rather than incorporating other relevant 
State laws such as personnel and procurement policies; clarify how AML 
hazards are classified into priority ranks and selected for funding; 
indicate how coal versus non-coal projects will be selected; clarify 
the Authorization to Proceed process prior to beginning reclamation 
projects; clarify historic set-aside fund and acid mine drainage 
treatment accounts, remove the Emergency Program section; and make 
general editorial changes for brevity and structural alignment with the 
Federal AML Plan requirements under 30 CFR 884.13. Montana's amendment 
submittal package also proposes a change to statutory language at MCA 
82-4-1006 enacted by the State Legislature in 2007 regarding 
establishment, management, and use of funds in the State's Abandoned 
Mine Reclamation Account.
    The full text of the program amendment is available for you to read 
at the locations listed above under ADDRESSES or at 
www.regulations.gov.

III. Public Comment Procedures

    We are seeking your comments on whether the amendment satisfies the 
applicable plan approval criteria of 30 CFR 884.14 and 884.15. If we 
approve the amendment, it will become part of the state Plan.

Electric or Written Comments

    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 Plan, and explain the reason for any 
recommended change(s). We appreciate any and all comments, but those 
most useful and likely to influence decisions on the final Plan 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 ADDRESSES) will be included in the docket for this 
rulemaking and considered.

Public Availability of Comments

    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.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., M.D.T. on 
January 4, 2021. If you are disabled and need reasonable accommodations 
to attend a public hearing, contact the person listed under FOR FURTHER 
INFORMATION CONTACT. We will arrange the location and time of the 
hearing with those persons requesting the hearing. If no one requests 
an opportunity to speak, we will not hold a hearing.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at the public hearing 
provide us with a written copy of his or her comments. The public 
hearing will continue on the specified date until everyone scheduled to 
speak has been given an opportunity to be heard. If you are in the 
audience and have not been scheduled to speak and wish to do so, you 
will be allowed to speak after those who have been scheduled. We will 
end the hearing after everyone scheduled to speak and others present in 
the audience who wish to speak, have been heard.

Public Meeting

    If only one person requests an opportunity to speak, we may hold a 
public meeting rather than a public hearing. If you wish to meet with 
us to discuss the amendment, please request a meeting by contacting the 
person listed under FOR FURTHER INFORMATION

[[Page 81864]]

CONTACT. All such meetings are open to the public and, if possible, we 
will post notices of meetings at the locations listed under ADDRESSES. 
We will make a written summary of each meeting a part of the 
administrative record.

IV. Procedural Determinations

Executive Order 12866--Regulatory Planning and Review and Executive 
Order 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 and is exempted from OMB review 
under Executive Order 12866. Executive Order 13563, which reaffirms and 
supplements Executive Order 12866, retains this exemption.

Other Laws and Executive Orders Affecting Rulemaking

    When a state submits a Plan amendment to OSMRE for review, our 
regulations at 30 CFR 884.14 and 884.15, and agency policy require 
public notification and an opportunity for public comment. We 
accomplish this by publishing a notice in the Federal Register 
indicating receipt of the proposed amendment, its text or a summary of 
its terms. We conclude our review of the proposed amendment after the 
close of the public comment period and determine whether the amendment 
should be approved, approved in part, or not approved. At that time, we 
will also make the determinations and certifications required by the 
various laws and executive orders governing the rulemaking process and 
include them in the final rule.

List of Subjects in 30 CFR Part 926

    Abandoned mine reclamation programs, Intergovernmental relations, 
Surface mining, Underground mining.

David A. Berry,
Regional Director, Unified Regions 5, 7-11.
[FR Doc. 2020-27544 Filed 12-16-20; 8:45 am]
BILLING CODE 4310-05-P
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