The Office of Surface Mining Reclamation and Enforcement (OSM) published a document in the Federal Register on August 21, 2026, not approving, with one exception, an amendment t...
Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION:
Final rule; correction.
SUMMARY:
The Office of Surface Mining Reclamation and Enforcement (OSM) published a document in the
Federal Register
on August 21, 2026, not approving, with one exception, an amendment to the Montana regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). OSM made an error in the document by adding an entry to 30 CFR 926.12 at paragraph (c), a paragraph that already existed. This document corrects the final regulation.
DATES:
The correction is effective as of September 21, 2026.
FOR FURTHER INFORMATION CONTACT:
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:
jfleischman@osmre.gov.
SUPPLEMENTARY INFORMATION:
This is a summary of errata from OSM's final rule published August 21, 2026 (91 FR 54218), FR Doc. 2026-17055 on page 54223, columns 2-3. In our August 21, 2026, final rule, OSM amended 30 CFR 926.12 (State program provisions and amendments not approved) to add our decision regarding State Program Amendment MT-041-FOR (Docket No. OSM-2023-0002) at paragraph (c). Paragraph (c) already existed and contained OSM's decision regarding State Program Amendment MT-042-FOR (Docket No. OSM-2023-0007).
See90 FR 3673, 3687 (January 15, 2025).
OSM is now correcting 30 CFR 926.12 by changing the designation of paragraph (c) to paragraph (d) to contain the entry that OSM published in the August 21, 2026,
Federal Register
(91 FR 54218).
Correction
In FR Doc 2026-17055, which published August 21, 2026, at 91 FR 54218, on page 54223 in the second column correct amendatory instruction 2 and accompanying regulatory text to read as follows:
2. Amend § 926.12 by adding paragraph (d) to read as follows:
State program provisions and amendments not approved.
* * * * *
(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).
(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.
30 CFR 926.12