Montana's Mining Ownership Rules Get Federal Nod and Refresh
Published Date: 2/13/2026
Rule
Summary
Montana’s surface mining rules just got a fresh update! The state fixed and added new rules about who owns and controls mining operations, following a 2009 federal request and a 2013 state law. These changes kick in on March 16, 2026, affecting mining companies and regulators, but won’t cost anyone extra.
Analyzed Economic Effects
7 provisions identified: 2 benefits, 5 costs, 0 mixed.
AVS updated on judgments; criminal referral power
ARM 17.24.1229 directs MDEQ to update the Applicant Violator System when a court enters a judgment against or convicts a person under specified MCA provisions, and states MDEQ may request a criminal justice agency to pursue criminal penalties pursuant to MCA 82-4-141(3) or MCA 82-4-254(6) or (7).
Broader ownership and officer disclosures
Approved ARM changes require applicants/operators to supply business-entity information up to the ultimate parent, and for each such entity to provide information for presidents, CEOs, directors, and any person who owns 10 percent or more. The rule also requires listing names under which the person operated a surface coal mine in the United States within the five years before the application (ARM 17.24.303 series).
Right to challenge AVS ownership/control listings
Montana added statutory language (MCA 82-4-227(14)) and corresponding ARM text allowing a person listed in the Applicant Violator System (AVS) as owning or controlling a mining operation to challenge that ownership or control listing and outlines MDEQ responsibilities and hearing rights after MDEQ's response.
State must enter AVS data and timelines
New ARM 17.24.1264 requires the Montana Department of Environmental Quality to enter permit applicant/operator information, permit history, unabated or uncorrected violation information, judgments or convictions, and permanent permit ineligibility into the Applicant Violator System, and it sets timelines for data entry and preliminary ownership/control findings.
Montana amendments take effect
The Office of Surface Mining Reclamation and Enforcement approved Montana's program amendments, and they become effective March 16, 2026. The preamble states these changes affect mining companies and regulators and "won’t cost anyone extra."
Tax ID required on permit applications
Montana's approved rules require permit applications to include taxpayer identification numbers for the applicant and the operator (ARM 17.24.303(1)(a)). This change was submitted and approved as part of the program amendment.
Faster follow-up of aerial inspection findings
ARM 17.24.1201(2) requires that any potential violation observed during an aerial inspection be investigated on site within three days, and that indications of imminent danger or significant and imminent environmental harm must be investigated immediately.
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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
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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.
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