Montana Mines Get Smarter: Bonds Held for Sneaky Pollution Risks
Published Date: 8/4/2025
Proposed Rule
Summary
Montana wants to update its mining rules to let companies use smart predictions and monitoring data when asking for bond releases, and to keep some bond money if certain pollution issues pop up. These changes come after a new state law passed in 2025 and could affect mining companies and the environment. The public can comment or ask for a hearing before the updates take effect.
Analyzed Economic Effects
2 provisions identified: 1 benefits, 1 costs, 0 mixed.
State May Withhold Bond For Suspended Solids
Montana proposes to allow the State to retain a portion of a reclamation bond for areas that are contributing suspended solids, so permittees may receive less bond money back when those pollution issues exist. This proposal follows Montana House Bill 616 from the 2025 legislative session.
Predictive Modeling Allowed for Bond Release
If you operate a mining permit in Montana, you may include predictive modeling together with monitoring data in your bond release application to show compliance with approved reclamation plans. This proposed change was submitted after Montana passed House Bill 616 during the 2025 legislative session.
Personalized for You
How does this regulation affect your finances?
Personalize government policy and PRIA will tell you what this federal register document means for your household, plus every other regulation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Key Dates
Department and Agencies
Related Federal Register Documents
2025-21443, Rescission of Fee Rates
The Office of Surface Mining is officially wiping away old coal fee rates that covered 2012 to 2021 because they’re outdated. New fee rates have been in place since October 1, 2021, and this rule makes it official starting January 27, 2026—unless folks speak up by December 29, 2025. This change mainly affects coal producers and keeps the fee system fresh and fair for years to come.
2026-17821, Montana Regulatory Program
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.
2026-17333, Montana Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are denying 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 (SB) 392). The proposed amendment would have added a provision requiring equal application of court costs to the prevailing party in contested case proceedings by a court or administrative agency that issues a decision. The proposal would have also amended the Montana Code Annotated (MCA) to refer to the proposed equal application of court costs rule. Finally, SB 392 includes contingencies that apply to the proposed amendment but are not codified into the MCA: codification instructions, a severability clause, an effective date clause, and an applicability statement.
2026-17055, Montana Regulatory Program
The Office of Surface Mining Reclamation and Enforcement (OSM) is not approving, with one exception, an amendment to the Montana regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The Montana legislature, specifically Montana House Bill 328, proposes to add a definition of affected drainage basin to the Montana Code Annotated (MCA). Additionally, House Bill 328 proposes changes to the Montana Code Annotated, pertaining to bond release application requirements.
2026-16318, North Dakota Regulatory Program
North Dakota is updating its rules for surface mining to make things clearer and more efficient. These changes include new timelines for permits, creating a new Environmental Quality department, and shifting some duties to a new Water Resources department. The updates take effect on September 10, 2026, and affect anyone involved in mining permits and environmental oversight in the state.
2026-16136, Ohio Regulatory Program
The Office of Surface Mining Reclamation and Enforcement (OSM), is approving, in part, two amendments to the Ohio regulatory program (the Ohio program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). As proposed by Ohio, the amendment involves statutory and regulatory changes to its bonding program (i.e., revising Ohio's alternative bonding system and providing the option for an applicant to post full-cost performance securities) and also includes statutory and regulatory changes pertaining to other subjects, such as abandoned mine land program funding, permitting standards, valid existing rights, remining, blasting, and topsoil handling. Ohio submitted this amendment, in part, to satisfy a program condition related to bonding inadequacies. We are removing this program condition.
Previous / Next Documents
Previous: 2025-14719, Montana Regulatory Program
Montana wants to update its mining rules to better handle small storms that cause pond overflows, as long as operators fix the problem quickly. These changes come after a new state law and could affect mining companies working in Montana. The public can comment or ask for a hearing before the updates are finalized.
Next: 2025-14722, Montana Regulatory Program
Montana wants to update its mining rules after passing a new law in 2025. These changes affect how mining damage is defined and let permit applicants submit their own water impact info if official data isn’t available. People can comment or ask for a hearing before the updates take effect, so stay tuned!