# 2026-02981: Montana's Mining Ownership Rules Get Federal Nod and Refresh

2026-02981, Montana Regulatory Program, is a Federal Register rule from Interior Department, Surface Mining Reclamation and Enforcement Office published 2026-02-13, effective 2026-03-16 (as of 2026-06-11).

- Canonical: https://policyrisk.com/federal-register/2026-02981
- As of: 2026-06-11
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Document number: 2026-02981
- Title: Montana Regulatory Program
- Type: Rule
- Agencies: Interior Department; Surface Mining Reclamation and Enforcement Office
- Citation: 91 FR 6760
- Published: 2026-02-13
- Effective: 2026-03-16
- Comments close: not stated
- Significant: no
- Touches household money: no
- Regulation identifier numbers: none
- Last updated: 2026-06-11

## In one line

Montana's Mining Ownership Rules Get Federal Nod and Refresh

## 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.

## Abstract

The Office of Surface Mining Reclamation and Enforcement (OSM) approves an amendment to the Montana regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Montana proposed an addition to the Montana Code Annotated (MCA), which would revise and add regulations in the Administrative Rules of Montana (ARM) pertaining to ownership and control. These changes were required by an October 2, 2009, letter from OSM to Montana and in response, Senate bill 92, was approved by the 2013 Montana Legislature. Montana also proposed other ARM revisions unrelated to ownership and control.

## Effects PRIA read

- Montana amendments take effect: benefit, low. 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: cost, low. 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.
- Broader ownership and officer disclosures: cost, medium. 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…
- Right to challenge AVS ownership/control listings: benefit, medium. 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'…
- State must enter AVS data and timelines: cost, medium. 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 tim…
- AVS updated on judgments; criminal referral power: cost, high. 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).
- Faster follow-up of aerial inspection findings: cost, low. 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.

## Related documents

- [2025-21443](https://policyrisk.com/federal-register/2025-21443): Rescission of Fee Rates, 2025-11-28
- [2026-17821](https://policyrisk.com/federal-register/2026-17821): Montana Regulatory Program, 2026-09-01
- [2026-17333](https://policyrisk.com/federal-register/2026-17333): Montana Regulatory Program, 2026-08-25
- [2026-17055](https://policyrisk.com/federal-register/2026-17055): Montana Regulatory Program, 2026-08-21
- [2026-16318](https://policyrisk.com/federal-register/2026-16318): North Dakota Regulatory Program, 2026-08-11
- [2026-16136](https://policyrisk.com/federal-register/2026-16136): Ohio Regulatory Program, 2026-08-07

## Sources
- [2026-02981 on federalregister.gov](https://www.federalregister.gov/documents/2026/02/13/2026-02981/montana-regulatory-program)
- [2026-02981 as published (PDF)](https://www.govinfo.gov/content/pkg/FR-2026-02-13/pdf/2026-02981.pdf)

## Related
- [Previous: 2026-02978, Home Visits in Program of Comprehensive Assistance for Family Caregivers During…](https://policyrisk.com/federal-register/2026-02978)
- [Next: 2026-02982, North Dakota Regulatory Program](https://policyrisk.com/federal-register/2026-02982)
- [All Federal Register documents](https://policyrisk.com/federal-register)

Source: PRIA, https://policyrisk.com/federal-register/2026-02981 (as of 2026-06-11).