MontanaHB 58769th Legislature, Regular Session (2025)HouseWALLET

Revise mine reclamation laws

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 3 benefits, 1 costs, 2 mixed.

Stronger water safeguards before coal permits

Before a coal mining permit is approved, the department determines likely water impacts on and off the site. The review covers acid or toxic materials, water contamination or loss for homes or farm‑industrial uses, and changes in sediment and water quality. The application must include a groundwater and surface water monitoring plan based on that review. A permit cannot be approved until this information is available and built into the plan.

Tougher permit rules and insurance for coal mines

The law requires a full mining and reclamation plan with test borings, cross sections, and certified maps. You must list nearby owners, prove the legal right to mine, and meet any added data requests. You must show bonding or other financial assurance, which may include guarantees from officers or major owners. You must carry public liability insurance (including explosives) and keep it until reclamation is done. You must publish a notice once a week for four weeks and file a copy of your application for public inspection at a local public office.

Updated mining terms define who is covered

The law updates key mining definitions used for permits and enforcement. It defines “mineral” as coal and uranium and clarifies terms like aquifer, subsidence, and reclamation. These definitions decide which operations must follow the rules and what work counts as reclamation.

Older mine plans can be revised

Applicants may revise permit applications that were pending on January 1, 2004 to follow the current rules. Permittees may apply to revise reclamation plans approved before that date, even if work is complete. This lets older projects update without starting over.

Small coal mines get water-test help

If your total annual production is 100,000 tons or less, the department can assign a lab to do the hydrologic study and boring results. You must ask in writing. The department pays for the determination only if it has funds for this purpose.

Retroactive cases and federal veto trigger

If the U.S. Secretary of the Interior disapproves any part under 30 CFR 732, that part of this law is void. The department must notify the code commissioner within 15 days after the disapproval takes effect. The law also applies to court cases and other challenges that are still open on or after the law’s effective date.

Sponsors & Cosponsors

Sponsor

Gary Parry
Republican • House

Cosponsors

Barry Usher
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 173 • No: 124

House vote • 4/16/2025

Do Concur

Yes: 32 • No: 18

House vote • 4/15/2025

Do Concur

Yes: 30 • No: 20

House vote • 3/7/2025

Do Pass

Yes: 55 • No: 44

House vote • 3/5/2025