83 FR 393 - Notice of Availability of the Western Energy Company's Rosebud Mine Area F Draft Environmental Impact Statement
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement Federal Register Volume 83, Issue 2 (January 3, 2018)
Office of Surface Mining Reclamation and Enforcement
Federal Register Volume 83, Issue 2 (January 3, 2018)
| Page Range | 393-394 | |
| FR Document | 2017-28407 |
[Federal Register Volume 83, Number 2 (Wednesday, January 3, 2018)] [Notices] [Pages 393-394] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-28407] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement [S1D1S SS08011000 SX064A000 189S180110; S2D2S SS08011000 SX064A000 18XS501520] Notice of Availability of the Western Energy Company's Rosebud Mine Area F Draft Environmental Impact Statement AGENCY: Office of Surface Mining Reclamation and Enforcement, U.S. Department of the Interior. ACTION: Notice of availability. ----------------------------------------------------------------------- SUMMARY: In accordance with the National Environmental Policy Act (NEPA) of 1969, as amended, the Office of Surface Mining Reclamation and Enforcement (OSMRE) has prepared a Draft Environmental Impact Statement (EIS) for the Western Energy Company's Rosebud Mine Area F (Project) in southeastern Montana and by this notice is announcing the opening of the comment period. The Montana Department of Environmental Quality (DEQ) is a co-lead on this EIS process. DATES: To ensure comments will be considered, OSMRE will accept electronic or written comments on or before 45 days from the date that the U.S. Environmental Protection Agency publishes the Notice of Availability for the Draft EIS in the Federal Register. OSMRE will publish in the Federal Register and/or local newspapers the date, time, and location of the public meeting on the Draft EIS. If you are a disabled individual who needs reasonable accommodation to attend the public meeting, please contact the person listed under FOR FURTHER INFORMATION CONTACT after we publish the notice of the specific meeting location and date. ADDRESSES: The Draft EIS is available for review at: https://www.wrcc.osmre.gov/initiatives/westernEnergy/documentLibrary.shtm. Paper and computer compact disk (CD) copies of the Draft EIS are available for review at the OSMRE Western Region Office, 1999 Broadway Street, Suite 3320, Denver, Colorado 80202. In addition, a paper and CD copy of the Draft EIS is available for review at each of the following locations: Rosebud County Library, 201 North 9th Avenue, Forsyth, MT 59327. Between the hours of 11:00 a.m. and 7:00 p.m. Monday through Thursday; 11:00 a.m. to 5:00 p.m. Friday; 10:00 a.m. to 1:00 p.m. Saturday (Closed Sunday) Montana DEQ Headquarters (Lee Metcalf Building), 1520 East 6th Avenue, Helena, MT 59620. Between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday (Closed Saturday and Sunday) BLM Miles City Field Office, 111 Garryowen Road, Miles City, MT 59301. Between the hours of 7:45 a.m. and 4:30 p.m. Monday through Friday (Closed Saturday and Sunday) BLM State Office, Billings, MT, 5001 Southgate Drive, Billings, MT 59101. Between the hours of 8:00 a.m. and 4:00 p.m. Monday through Friday (Closed Saturday and Sunday) FOR FURTHER INFORMATION CONTACT: Logan Sholar, OSMRE Project Coordinator; Telephone: 303-293-5036; Address: 1999 Broadway Street, Suite 3320, Denver, Colorado 80202-3050; email: [email protected]. SUPPLEMENTARY INFORMATION: I. Project Purpose II. Background on the Rosebud Mine III. Background on the Project IV. Alternative I. Project Purpose The purpose of the Project is to consider continued operations at the Rosebud Mine by permitting and developing a new surface mine permit area, known as permit Area F. Western Energy submitted a permit application to DEQ for the proposed 6,746-acre permit Area F (also referred to as the project area) at the Rosebud Mine, which is an existing 25,455-acre surface coal mine annually producing 8.0 to 10.25 million tons of low-sulfur subbituminous coal. If DEQ approves the permit and a Federal mining plan for the Project is approved as proposed, at the current rate of production, the operational life of the Rosebud Mine would be extended by 8 years. Mining operations in the project area, which would commence after all permits and approvals have been secured and a reclamation and performance bond has been posted, would last 19 years. Western Energy estimates that 70.8 million tons of recoverable coal reserves exist in the project area and would be removed during the 19-year operations period. As with other permit areas of the Rosebud Mine, all coal would be combusted locally at the Colstrip and Rosebud Power Plants. Western Energy is required to obtain a surface coal mine operating permit (pursuant to the Montana Strip and Underground Mine Reclamation Act (MSUMRA), Section 82-4-221 et seq., Montana Code Annotated) and approval of a Federal surface mining plan (30 CFR 746) for proposed permit Area F. OSMRE's purpose for the Project is to review and make a recommendation to the Assistant Secretary for Land and Minerals Management (ASLM) in the form of a Mining Plan Decision Document to approve, disapprove, or approve with conditions, the proposed Federal surface mining plan for the Project. The ASLM will decide whether the mining plan is approved, disapproved, or approved with conditions. DEQ's purpose for the Project is to review and make a decision on Western Energy's surface mine operating permit application under MSUMRA and to review and make decisions on the following related permits: (1) An application for a new Montana Pollutant Discharge Elimination System (MPDES) permit, and (2) an application to modify Montana Air Quality Permit #1570*07 to include the project area. The Bureau of Land Management (BLM) is a cooperating agency on the Draft EIS. The Draft EIS evaluates the direct, indirect, and cumulative effects of the Proposed Action and alternatives on the environment. OSMRE is complying with Section 106 of the National Historic Preservation Act (NHPA Section 106)(16 U.S.C. 470f), as provided in 36 CFR 800.2(d)(3), concurrently with the NEPA process, including public involvement requirements and consultation with the State Historic Preservation Officer and Historic Preservation Officers with Tribal nations. Native American Tribal consultations are ongoing and have been conducted in accordance with [[Page 394]] applicable laws, regulations, and U.S. Department of the Interior (DOI) policy. Federal, Tribal, State, and local agencies, along with other stakeholders that may be interested in or affected by the Federal agencies' decisions on the Project, are invited to submit comments on the Draft EIS. As part of its consideration of the proposed Project's impacts on threatened and endangered species, OSMRE conducted informal consultation as well as streamlined consultation per the final 4(d) rule for the northern long-eared bat with the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act (ESA)(16 U.S.C. 1536), and its implementing regulations, as provided in 50 CFR 400. The Section 7 consultation considered direct and indirect impacts from the proposed Project, including mining and related operations in the project area and continued operation of the Colstrip and Rosebud Power Plants. In addition to compliance with NEPA, NHSA Section 106, and ESA Section 7, all Federal actions will be in compliance with applicable requirements of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1021-1328), the Clean Water Act (33 U.S.C. 1251-1387), the Clean Air Act (42 U.S.C. 7401-7671q), and Executive Orders relating to environmental justice, Tribal consultation, and other applicable laws and regulations. II. Background on the Rosebud Mine Coal has been mined at Colstrip, MT for more than 90 years. The Norther Pacific Railway established the city of Colstrip and its associated mine in the 1920s to access coal from the Fort Union Formation. Coal mining began in 1924, providing fuel for the railway's steam locomotive trains. During the initial 34 years of mining, 44 million tons of coal were mined. By 1958, diesel-powered locomotives replaced steam engines and mining ceased in the Colstrip area. In 1959, the Montana Power Company purchased rights to the Rosebud Mine in the city of Colstrip with plans to build power generation facilities. The Rosebud Mine operation began production in 1968. In 2001, Westmoreland purchased the Rosebud Mine; its subsidiary, Western Energy, continues to operate the mine today. Although the Rosebud Mine has shipped coal by rail as recently as 2010, all coal currently produced by the mine is consumed locally at the Colstrip and Rosebud Power Plants. III. Background on the Western Energy Proposed Permit Area F Western Energy proposes to conduct surface coal mining and reclamation operations within the 6,746-acre proposed permit Area F of the Rosebud Mine. The project area would be adjacent to the western boundary of Area C, 12 miles west of Colstrip. Western Energy proposes to conduct surface coal mining operations on an approximately 2,159- acre portion of the project area, with a total disturbance footprint, including soil storage, scoria pits, and haul roads, of approximately 4,260 acres. The project area would, in conjunction with the mining of any reserves remaining with existing permit areas of the Rosebud Mine, supply low-sulfur coal to the Colstrip Power Plant (Unites 3 and 4) at a rate of between 7.7 and 9.95 million tons annually. In addition, coal from the Rosebud Mine with higher sulfur content would be supplied to the Rosebud Power Plant at a rate of approximately 300,000 tons annually. Approval of the proposed permit Area F is expected to require several other agency actions, including:Finding and recommendation by BLM and OSMRE with respect to Western Energy's Resource Recovery and Protection Plan and other requirements of Western Energy's lease. BLM will also submit a recommendation regarding the Federal mining plan; Approval by DEQ of Western Energy's Montana Air Quality Permit #1570-07 to allow expansion of the geographic extent of the mine to include the proposed permit Area F; and Approval by DEQ of a new MPDES permit. IV. Alternatives Alternatives carried forward in the Draft EIS include No Action (Alternative 1), the Proposed Action (Alternative 2), and the Proposed Action Plus Environmental Protection Measures (Alternative 3). Several alternatives were considered but dismissed from further consideration. Public Comment Procedures: In accordance with the Council on Environmental Quality's regulations for implementing NEPA and DOI's NEPA regulations, OSMRE solicits public comments on the Draft EIS. Comments on the Draft EIS may be submitted in writing or by email. At the top of your letter or in the subject line of your message indicate that the comments are ``Western Energy Area F Draft EIS Comments.'' You are invited to mail your comments on the Draft EIS to: ATTN: Western Energy Area F EIS C/O: Nicole Bauman, ERO Resources Corporation, 1842 Clarkson Street, Denver, CO 80218. You may also submit your comments electronically to http://svc.mt.ogv/deq/publiccomment or by email to the following email address: [email protected]. Comments can also be made either in writing or verbally at a public meeting that will be announced at a later date. Be specific in your comments and indicate the chapter, page, paragraph, and sentence that your comment applies to. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be available for public review to the extent consistent with applicable law. 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 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. Comments submitted anonymously will be accepted and considered; however, those who submit anonymous comments may not have standing to appeal the subsequent decision. If you would like to be placed on the mailing list to receive future information, please contact the person listed under FOR FURTHER INFORMATION CONTACT. Authority: 40 CFR 1506.6, 40 CFR 1506.1 Dated: August 17, 2017. David Berry, Regional Director, Western Region. [FR Doc. 2017-28407 Filed 1-2-18; 8:45 am] BILLING CODE 4310-05-P
![Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Notices 393
States military and Federal, State, and disabled individual who needs 10.25 million tons of low-sulfur
local law enforcement; Federal, State reasonable accommodation to attend the subbituminous coal. If DEQ approves
and local officers and employees in the public meeting, please contact the the permit and a Federal mining plan
performance of their official duties; person listed under FOR FURTHER for the Project is approved as proposed,
King of the Hammers event officials and INFORMATION CONTACT after we publish at the current rate of production, the
race participants; vendors with a valid the notice of the specific meeting operational life of the Rosebud Mine
BLM SRP; and registered event location and date. would be extended by 8 years. Mining
spectators. ADDRESSES: The Draft EIS is available operations in the project area, which
Enforcement: Any person who for review at: https:// would commence after all permits and
violates the temporary closure order www.wrcc.osmre.gov/initiatives/ approvals have been secured and a
may be tried before a United States westernEnergy/documentLibrary.shtm. reclamation and performance bond has
Magistrate and fined in accordance with Paper and computer compact disk (CD) been posted, would last 19 years.
18 U.S.C. 3571, imprisoned no more copies of the Draft EIS are available for Western Energy estimates that 70.8
than 12 months under 43 U.S.C. 1733(a) review at the OSMRE Western Region million tons of recoverable coal reserves
and 43 CFR 8360.0–7, or both. In Office, 1999 Broadway Street, Suite exist in the project area and would be
accordance with 43 CFR 8365.1–7, State 3320, Denver, Colorado 80202. In removed during the 19-year operations
or local officials may also impose addition, a paper and CD copy of the period. As with other permit areas of the
penalties for violations of California Draft EIS is available for review at each Rosebud Mine, all coal would be
law. of the following locations: combusted locally at the Colstrip and
Authority: 43 CFR 8360.0–7 and 8364.1
Rosebud Power Plants.
Rosebud County Library, 201 North Western Energy is required to obtain
Beth Ransel,
9th Avenue, Forsyth, MT 59327. a surface coal mine operating permit
Between the hours of 11:00 a.m. (pursuant to the Montana Strip and
California Desert District Manager.
and 7:00 p.m. Monday through Underground Mine Reclamation Act
[FR Doc. 2017–28393 Filed 1–2–18; 8:45 am]
Thursday; 11:00 a.m. to 5:00 p.m. (MSUMRA), Section 82–4–221 et seq.,
BILLING CODE 4310–40–P Friday; 10:00 a.m. to 1:00 p.m. Montana Code Annotated) and approval
Saturday (Closed Sunday) of a Federal surface mining plan (30
Montana DEQ Headquarters (Lee CFR 746) for proposed permit Area F.
DEPARTMENT OF THE INTERIOR Metcalf Building), 1520 East 6th OSMRE’s purpose for the Project is to
Office of Surface Mining Reclamation Avenue, Helena, MT 59620. review and make a recommendation to
and Enforcement Between the hours of 8:00 a.m. and the Assistant Secretary for Land and
5:00 p.m. Monday through Friday Minerals Management (ASLM) in the
[S1D1S SS08011000 SX064A000 (Closed Saturday and Sunday)
189S180110; S2D2S SS08011000
form of a Mining Plan Decision
BLM Miles City Field Office, 111 Document to approve, disapprove, or
SX064A000 18XS501520] Garryowen Road, Miles City, MT approve with conditions, the proposed
59301. Between the hours of 7:45 Federal surface mining plan for the
Notice of Availability of the Western
a.m. and 4:30 p.m. Monday through Project. The ASLM will decide whether
Energy Company’s Rosebud Mine Area
Friday (Closed Saturday and the mining plan is approved,
F Draft Environmental Impact
Sunday) disapproved, or approved with
Statement
BLM State Office, Billings, MT, 5001 conditions.
AGENCY: Office of Surface Mining Southgate Drive, Billings, MT DEQ’s purpose for the Project is to
Reclamation and Enforcement, U.S. 59101. Between the hours of 8:00 review and make a decision on Western
Department of the Interior. a.m. and 4:00 p.m. Monday through Energy’s surface mine operating permit
ACTION: Notice of availability. Friday (Closed Saturday and application under MSUMRA and to
Sunday) review and make decisions on the
SUMMARY: In accordance with the following related permits: (1) An
FOR FURTHER INFORMATION CONTACT:
National Environmental Policy Act application for a new Montana Pollutant
Logan Sholar, OSMRE Project
(NEPA) of 1969, as amended, the Office Discharge Elimination System (MPDES)
Coordinator; Telephone: 303–293–5036;
of Surface Mining Reclamation and permit, and (2) an application to modify
Address: 1999 Broadway Street, Suite
Enforcement (OSMRE) has prepared a Montana Air Quality Permit #1570*07
3320, Denver, Colorado 80202–3050;
Draft Environmental Impact Statement to include the project area. The Bureau
email: lsholar@osmre.gov.
(EIS) for the Western Energy Company’s of Land Management (BLM) is a
Rosebud Mine Area F (Project) in SUPPLEMENTARY INFORMATION:
I. Project Purpose cooperating agency on the Draft EIS.
southeastern Montana and by this notice The Draft EIS evaluates the direct,
II. Background on the Rosebud Mine
is announcing the opening of the III. Background on the Project indirect, and cumulative effects of the
comment period. The Montana IV. Alternative Proposed Action and alternatives on the
Department of Environmental Quality environment.
(DEQ) is a co-lead on this EIS process. I. Project Purpose OSMRE is complying with Section
DATES: To ensure comments will be The purpose of the Project is to 106 of the National Historic
considered, OSMRE will accept consider continued operations at the Preservation Act (NHPA Section 106)(16
electronic or written comments on or Rosebud Mine by permitting and U.S.C. 470f), as provided in 36 CFR
before 45 days from the date that the developing a new surface mine permit 800.2(d)(3), concurrently with the NEPA
sradovich on DSK3GMQ082PROD with NOTICES
U.S. Environmental Protection Agency area, known as permit Area F. Western process, including public involvement
publishes the Notice of Availability for Energy submitted a permit application requirements and consultation with the
the Draft EIS in the Federal Register. to DEQ for the proposed 6,746-acre State Historic Preservation Officer and
OSMRE will publish in the Federal permit Area F (also referred to as the Historic Preservation Officers with
Register and/or local newspapers the project area) at the Rosebud Mine, Tribal nations. Native American Tribal
date, time, and location of the public which is an existing 25,455-acre surface consultations are ongoing and have been
meeting on the Draft EIS. If you are a coal mine annually producing 8.0 to conducted in accordance with
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![394 Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Notices
applicable laws, regulations, and U.S. III. Background on the Western Energy Western Energy Area F EIS C/O: Nicole
Department of the Interior (DOI) policy. Proposed Permit Area F Bauman, ERO Resources Corporation,
Federal, Tribal, State, and local Western Energy proposes to conduct 1842 Clarkson Street, Denver, CO 80218.
agencies, along with other stakeholders surface coal mining and reclamation You may also submit your comments
that may be interested in or affected by operations within the 6,746-acre electronically to http://svc.mt.ogv/deq/
the Federal agencies’ decisions on the proposed permit Area F of the Rosebud publiccomment or by email to the
Project, are invited to submit comments Mine. The project area would be following email address: western-
on the Draft EIS. adjacent to the western boundary of energy-area-f-eis@eroresources.com.
As part of its consideration of the Area C, 12 miles west of Colstrip. Comments can also be made either in
proposed Project’s impacts on Western Energy proposes to conduct writing or verbally at a public meeting
threatened and endangered species, surface coal mining operations on an that will be announced at a later date.
OSMRE conducted informal approximately 2,159-acre portion of the Be specific in your comments and
consultation as well as streamlined project area, with a total disturbance indicate the chapter, page, paragraph,
consultation per the final 4(d) rule for footprint, including soil storage, scoria and sentence that your comment applies
the northern long-eared bat with the pits, and haul roads, of approximately to.
U.S. Fish and Wildlife Service pursuant 4,260 acres. The project area would, in All submissions from organizations or
to Section 7 of the Endangered Species conjunction with the mining of any businesses, and from individuals
Act (ESA)(16 U.S.C. 1536), and its reserves remaining with existing permit identifying themselves as
implementing regulations, as provided areas of the Rosebud Mine, supply low- representatives or officials of
in 50 CFR 400. The Section 7 sulfur coal to the Colstrip Power Plant organizations or businesses, will be
consultation considered direct and (Unites 3 and 4) at a rate of between 7.7 available for public review to the extent
indirect impacts from the proposed and 9.95 million tons annually. In consistent with applicable law.
addition, coal from the Rosebud Mine Before including your address, phone
Project, including mining and related
with higher sulfur content would be number, email address, or other
operations in the project area and
supplied to the Rosebud Power Plant at personal identifying information in your
continued operation of the Colstrip and
a rate of approximately 300,000 tons comment, you should be aware that
Rosebud Power Plants.
annually. your entire comment—including your
In addition to compliance with NEPA, Approval of the proposed permit Area personal identifying information—may
NHSA Section 106, and ESA Section 7, F is expected to require several other be publicly available at any time. While
all Federal actions will be in agency actions, including: you can ask us in your comment to
compliance with applicable • Finding and recommendation by withhold your personal identifying
requirements of the Surface Mining BLM and OSMRE with respect to information from public review, we
Control and Reclamation Act of 1977 Western Energy’s Resource Recovery cannot guarantee that we will be able to
(30 U.S.C. 1021–1328), the Clean Water and Protection Plan and other do so. Comments submitted
Act (33 U.S.C. 1251–1387), the Clean requirements of Western Energy’s lease. anonymously will be accepted and
Air Act (42 U.S.C. 7401–7671q), and BLM will also submit a considered; however, those who submit
Executive Orders relating to recommendation regarding the Federal anonymous comments may not have
environmental justice, Tribal mining plan; standing to appeal the subsequent
consultation, and other applicable laws • Approval by DEQ of Western decision.
and regulations. Energy’s Montana Air Quality Permit If you would like to be placed on the
II. Background on the Rosebud Mine #1570–07 to allow expansion of the mailing list to receive future
geographic extent of the mine to include information, please contact the person
Coal has been mined at Colstrip, MT the proposed permit Area F; and listed under FOR FURTHER INFORMATION
for more than 90 years. The Norther • Approval by DEQ of a new MPDES CONTACT.
Pacific Railway established the city of permit. Authority: 40 CFR 1506.6, 40 CFR 1506.1
Colstrip and its associated mine in the IV. Alternatives Dated: August 17, 2017.
1920s to access coal from the Fort Union
Alternatives carried forward in the David Berry,
Formation. Coal mining began in 1924,
Draft EIS include No Action (Alternative Regional Director, Western Region.
providing fuel for the railway’s steam
1), the Proposed Action (Alternative 2), [FR Doc. 2017–28407 Filed 1–2–18; 8:45 am]
locomotive trains. During the initial 34
and the Proposed Action Plus
years of mining, 44 million tons of coal BILLING CODE 4310–05–P
Environmental Protection Measures
were mined. By 1958, diesel-powered
(Alternative 3). Several alternatives
locomotives replaced steam engines and
were considered but dismissed from INTERNATIONAL TRADE
mining ceased in the Colstrip area.
further consideration. COMMISSION
In 1959, the Montana Power Company Public Comment Procedures: In
purchased rights to the Rosebud Mine in accordance with the Council on [Investigation No. 731–TA–1104 (Second
the city of Colstrip with plans to build Environmental Quality’s regulations for Review)]
power generation facilities. The implementing NEPA and DOI’s NEPA
Rosebud Mine operation began regulations, OSMRE solicits public Polyester Staple Fiber From China;
production in 1968. In 2001, comments on the Draft EIS. Comments Scheduling of an Expedited Five-Year
Westmoreland purchased the Rosebud Review.
sradovich on DSK3GMQ082PROD with NOTICES
on the Draft EIS may be submitted in
Mine; its subsidiary, Western Energy, writing or by email. At the top of your AGENCY: United States International
continues to operate the mine today. letter or in the subject line of your Trade Commission.
Although the Rosebud Mine has message indicate that the comments are ACTION: Notice.
shipped coal by rail as recently as 2010, ‘‘Western Energy Area F Draft EIS
all coal currently produced by the mine Comments.’’ SUMMARY: The Commission hereby gives
is consumed locally at the Colstrip and You are invited to mail your notice of the scheduling of an expedited
Rosebud Power Plants. comments on the Draft EIS to: ATTN: review pursuant to the Tariff Act of
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Document Created: 2018-10-26 09:28:10
Document Modified: 2018-10-26 09:28:10
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of availability. | |
| Dates | To ensure comments will be considered, OSMRE will accept electronic or written comments on or before 45 days from the date that the U.S. Environmental Protection Agency publishes the Notice of Availability for the Draft EIS in the Federal Register. OSMRE will publish in the Federal Register and/or local newspapers the date, time, and location of the public meeting on the Draft EIS. If you are a disabled individual who needs reasonable accommodation to attend the public meeting, please contact the person listed under FOR FURTHER INFORMATION CONTACT after we publish the notice of the specific meeting location and date. | |
| Contact | Logan Sholar, OSMRE Project | |
| FR Citation | 83 FR 393 |
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