Federal Register #2026-17333

Denial of Amendment to Montana Regulatory Program under SMCRA

This notice concerns a regulatory action by the Department of the Interior, Office of Surface Mining Reclamation and Enforcement (OSM), regarding Montana's proposed amendment to its regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). - Government Buyer: - Department of the Interior - Office of Surface Mining Reclamation and Enforcement (OSM) - No OEMs or vendors are mentioned - No products or services are requested - Key Details: - Montana submitted an amendment to its regulatory program, aiming to require equal application of court costs to the prevailing party in contested case proceedings - The amendment would have changed the Montana Code Annotated (MCA) to allow awarding litigation costs (filing fees, attorney fees, witness costs) regardless of party identity - OSM denied the amendment, citing inconsistency with SMCRA and federal regulations, which encourage public participation and do not treat all parties equally regarding court costs - This is a regulatory denial, not a procurement opportunity

Description

The Office of Surface Mining Reclamation and Enforcement (OSM) has issued a final rule denying an amendment to the Montana regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The amendment, proposed by Montana in response to Senate Bill 392, sought to require the equal application of court costs to the prevailing party in contested case proceedings by courts or administrative agencies. OSM found the proposed amendment inconsistent with SMCRA and federal regulations, particularly regarding the standards for awarding attorney fees and court costs. The denial aims to uphold public participation principles and the existing fee-shifting provisions under SMCRA.

View original listing