Montana Mining Regs Get Oopsie Correction from Feds
Published Date: 9/1/2026
Rule
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.
Analyzed Economic Effects
2 provisions identified: 0 benefits, 2 costs, 0 mixed.
Bond release and operator-responsibility changes blocked
OSM did not approve several proposed changes to MCA Sec. 82-4-232 submitted in the February 16, 2023 amendment (Administrative Record No. MT-041-01). The specific items not approved include: striking the words "if it is satisfied" from MCA Sec. 82-4-232(6)(k); proposed revisions to MCA Sec. 82-4-232(6)(k)(ii) and (k)(iii); addition of subpart "C" language in MCA Sec. 82-4-232(6)(k)(iv) that could have allowed final bond release via the phased bond release process; and changes to MCA Sec. 82-4-232(6)(k)(v) that would have removed the period specified for operator responsibility. The correction to the final rule is effective September 21, 2026.
Montana mining definitions not adopted
You are affected if you operate or plan mining activity in Montana: OSM did not approve Montana's proposed definition of "affected drainage basin" in MCA Sec. 82-4-203(3) and did not approve the package of proposed definition recodifications in MCA Sec. 82-4-203 (including entries numbered (4)(a) through (59)) that were submitted in the program amendment letter dated February 16, 2023 (Administrative Record No. MT-041-01). Those proposed definition changes will not take effect under the Montana program.
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The Office of Surface Mining is officially wiping away old coal fee rates that covered 2012 to 2021 because they’re outdated.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.
2026-17333, 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.
2026-14245, Montana Regulatory Program
Montana’s new mining rules let companies use smart predictions and real data to show they’ve cleaned up mining sites properly. The state can now keep some money back if certain pollution problems stick around. These changes kick in on August 14, 2026, affecting coal miners and the environment while making sure cleanup is done right.
Previous / Next Documents
Previous: 2026-17815, Technical Amendments to the Regulations Providing Whistleblower Protection for Federal Bureau of Investigation Employees
This rule makes technical amendments to relevant portions of 28 CFR part 27, the Department of Justice (Department) regulations on the protection of whistleblowers in the Federal Bureau of Investigation (FBI), so that the provisions conform with organizational changes brought about by a restructuring of the Justice Management Division (JMD).
Next: 2026-17823, Unsafe or Unsound Practices, Matters Requiring Attention
The Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) are adopting a final rule to define the term "unsafe or unsound practice" for purposes of section 8 of the Federal Deposit Insurance Act and to revise the supervisory framework for the issuance of matters requiring attention and other supervisory communications.