30 CFR § 926.12 - State program provisions and amendments not approved.
(a) The amendment submitted by letter dated June 7, 2011, Docket ID No. OSM-2011-0011, which proposed changes to the Montana approved program as a result of the Montana Legislature's 2011 passage of a Senate Bill (SB 297) relating to coal beneficiation is not approved.
(b) The following amendment submitted by letter dated June 22, 2023, Administrative Record No. MT-043-01, which proposed changes to the Montana approved program at sections 82-4-251, 82-4-252, and 82-4-255 MCA, as a result of the Montana Legislature's 2023 passage of a Senate Bill (SB 392) relating to the awarding of attorney's fees, is not approved.
(c) The following portions of the amendment submitted by letter dated June 1, 2023, Administrative Record No. MT-042-01, which proposed changes to the Montana approved program as a result of the Montana Legislature's 2023 passage of a House Bill (HB 576) are not approved: MCA 82-4-203(32)(a) to the extent that it changed the prior definition of material damage as it relates to the hydrologic balance; MCA 82-4-203(32)(c) definition of material damage as it relates to subsidence; MCA 82-4-222(1)(m) hydrologic information requirements.
(d) The following portions of the program amendment by letter dated February 16, 2023, Administrative Record No. MT-041-01, which proposed changes to the Montana approved program as a result of the Montana Legislature's 2023 passage of a Senate Bill (SB 328) are not approved:
(1) Montana's proposed definition of “affected drainage basin” in MCA § 82-4-203(3).
(2) Montana's proposed definition recodifications in the MCA § 82-4-203(4)(a)—Alluvial Valley Floor, MCA § 82-4-203(5)— Approximate Original Contour, MCA § 82-4-203(6)— Aquifer, MCA § 82-4-203(7)—Area of Land Affected, MCA § 82-4-203(8)—Bench, MCA § 82-4-203(9)—Board, MCA § 82-4-203(10)—Coal Conservation Plan, MCA § 82-4-203(11)— Coal Preparation, MCA § 82-4-203(12)— Coal Preparation Plant, MCA § 82-4-203(13)—Contour Strip Mining, MCA § 82-4-203(14)— Cropland, MCA § 82-4-203(15)—Degree, MCA § 82-4-203(16)—Department, MCA § 82-4-203(17)— Developed Water Resources, MCA § 82-4-203(18)—Ephemeral Drainageway, MCA § 82-4-203(19)—Failure to Conserve Coal, MCA § 82-4-203(20)—Fill Bench, MCA § 82-4-203(21)— Fish and Wildlife Habitat, MCA § 82-4-203(22)— Forestry, MCA § 82-4-203(23)—Grazing Land, MCA § 82-4-203(24)— Higher or Better Uses, MCA § 82-4-203(25)—Hydrologic Balance, MCA § 82-4-203(26)—Imminent Danger to the Health and Safety of the Public, MCA § 82-4-203(27)—Industrial or Commercial, 82-4-203(28)—In situ Coal Gasification, MCA § 82-4-203(29)—Intermittent Stream, MCA § 82-4-203(30)— Land Use, MCA § 82-4-203(31)—Marketable Coal, MCA § 82-4-203(32)—Material Damage, MCA § 82-4-203(33)—Method of Operation, MCA § 82-4-203(34)—Mineable Coal, MCA § 82-4-203(35)—Mineral, MCA § 82-4-203(36)—Operation, MCA § 82-4-203(37)—Operator, MCA § 82-4-203(38)— Overburden, MCA § 82-4-203(39)—Pastureland, MCA § 82-4-203(40)—Perennial Stream, MCA § 82-4-203(41)—Person, MCA § 82-4-203(42)— Prime Farmland, MCA § 82-4-203(43)—Prospecting, MCA § 82-4-203(44)— Reclamation, MCA § 82-4-203(45)—Recovery Fluid, MCA § 82-4-203(46)— Recreation, MCA § 82-4-203(47)— Reference Area, MCA § 82-4-203(48)— Remining, MCA § 82-4-203(49)— Residential, MCA § 82-4-203(50)—Restore or Restoration, MCA § 82-4-203(51)—Strip Mining, MCA § 82-4-203(52)—Subsidence, MCA § 82-4-203(53)—Surface Owner, MCA § 82-4-203(54)— Topsoil, MCA § 82-4-203(55)—Underground Mining, MCA § 82-4-203(56)—Unwarranted Failure to Comply, MCA § 82-4-203(57)—Waiver, MCA § 82-4-203(58)—Wildlife Habitat Enhancement Feature, MCA § 82-4-203(59)—Written Consent.
(3) Montana's proposal to strike the words “if it is satisfied” from MCA § 82-4-232(6)(k).
(4) Montana's proposed changes to MCA at §§ 82-4-232(6)(k)(ii) and 82-4-232(6)(k)(iii).
(5) Montana's addition of subpart “C” language in MCA § 82-4-232(6)(k)(iv), which could allow for final bond release to occur in the phased bond release process normally reserved for reclamation activities associated with phase II bond release.
(6) Montana's proposed changes in the MCA § 82-4-232(6)(k)(v), which would remove the period specified for operator responsibility.