Base
Rule2026-142442026-07-15

Montana Regulatory Program

Interior Department, Surface Mining Reclamation and Enforcement Office

Abstract

The Office of Surface Mining Reclamation and Enforcement (OSM), is approving an amendment to the Montana regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Montana submitted this proposed amendment to OSM on its own initiative in response to a State law passed by the Montana Legislature--Senate Bill 365 (SB 365). The amendment to the Montana coal program regulations clarifies that, if a siltation structure's capacity is exceeded because of an extraordinary series of storms, an operator will not have violated the siltation structure construction requirements if the siltation structure was constructed consistent with the design capacity requirements in the applicable Administrative Rules of Montana (ARM) and the operator actively undertakes measures to restore pond capacity as soon as weather and ground conditions permit. SB 365 also includes contingencies that apply to the proposed amendment but are not codified into the Montana Code Annotated (MCA): a severability clause, a contingent voidness clause, and an effective date clause.

Action & Dates

Action
Final rule; approval of amendment.
Dates
The effective date is August 14, 2026.
Effective Date
2026-08-14

CFR References

Topics

Intergovernmental relationsSurface miningUnderground mining

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of the Interior Office of Surface Mining Reclamation and Enforcement 30 CFR Part 926 [SATS No. MT-045-FOR; Docket No. OSM-2025-0005; S1D1S SS08011000 SX064A000 256S180110; S2D2S SS08011000 SX064A000 25XS501520] ( printed page 43323) AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Final rule; approval of amendment. SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM), is approving an amendment to the Montana regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Montana submitted this proposed amendment to OSM on its own initiative in response to a State law passed by the Montana Legislature—Senate Bill 365 (SB 365). The amendment to the Montana coal program regulations clarifies that, if a siltation structure's capacity is exceeded because of an extraordinary series of storms, an operator will not have violated the siltation structure construction requirements if the siltation structure was constructed consistent with the design capacity requirements in the applicable Administrative Rules of Montana (ARM) and the operator actively undertakes measures to restore pond capacity as soon as weather and ground conditions permit. SB 365 also includes contingencies that apply to the proposed amendment but are not codified into the Montana Code Annotated (MCA): a severability clause, a contingent voidness clause, and an effective date clause. DATES: The effective date is August 14, 20

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Full Document

Citation: 91 FR 43323