MontanaHB 69969th Legislature, Regular Session (2025)HouseWALLET

Revise review panel for tailings plans

Sponsored By: Stacy Zinn (Republican)

Became Law

Mining and MineralsEnvironmental ProtectionRule Making

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Bill Overview

Analyzed Economic Effects

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

Permit required for cyanide use

A small miner who plans to use cyanide or other metal‑leaching reagents must get an operating permit for the part of the operation where those chemicals are used or disposed.

Stricter permit checks and violator bans

When you submit a reclamation bond, you must certify you are not violating air, water, or mined land laws, or certify that any violation is being corrected or appealed. Partnerships and corporations must provide the same certification for partners, officers, directors, and owners of 10% or more. No permit is issued if prior failures led to use of bond proceeds or agency/surety reclamation (unless specific conditions are met), if penalty judgments are unpaid, if a required bond was not posted, or if an abatement order was ignored unless the department did the work and was repaid.

Permit fees and study contractor choices

You must pay a $500 operating permit fee. The department can also charge extra to cover its contractor and employee costs; if extra fees will top $5,000, it must give an itemized estimate and let you flag duplicative or excessive charges. When the department hires a third party to do an environmental study, it gives you a list of acceptable contractors and must choose from a list you return that includes at least half of them. At your request, the contractor can bill you directly, while the department still assigns and reviews the work.

Independent panel review for tailings dams

This law sets an independent expert panel to review tailings dam designs. Most panel members must be licensed engineers, and no one can be an employee of the operator, designer, engineer of record, or constructor. The operator proposes panel members for department approval and must hire and pay them. A department and an operator representative may join discussions but are not panel members. The engineer of record takes part but is not a member and must certify the design only after the panel’s signed, conclusive report and any required revisions. For expansions, the operator must try to keep the same panel members.

Regular safety reviews for tailings dams

Panels must review tailings dams on a set schedule. Assemble a panel six months before initial construction and at least yearly until construction ends or tailings placement starts, then at least every five years until deposition is done. The panel inspects the facility, reviews manuals and records, interviews responsible staff, and checks engineer reports and corrective plans. It must issue a signed report and alert the department and operator right away if there is an imminent health or environmental threat. Operators must submit a corrective action plan within 60 days to the panel, then send the approved plan to the department within 30 days, and follow it or face enforcement.

Faster, clearer permit reviews and defaults

The department has fixed deadlines to review applications: 60 days for rock products (20 days for replies) and 90 days for others (30 days for replies). If it does not send a deficiency notice in time, your application is treated as complete, and the final permit must be issued once you post the required reclamation bond. The department must tell you the bond form and amount promptly. Before a draft permit, the department must inspect the site; if weather blocks access, it can extend the review by agreement. For applications filed after October 1, 2015 that include a tailings storage facility, the department must have the certified design document, the panel’s report, and the operation, maintenance, and surveillance manual before issuing a draft permit.

Sponsors & Cosponsors

Sponsor

  • Stacy Zinn

    Republican • House

Cosponsors

  • Courtenay Sprunger

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 489 • No: 1

House vote 4/18/2025

Do Concur

Yes: 98 • No: 0

House vote 4/17/2025

Do Concur

Yes: 99 • No: 0

House vote 4/11/2025

Do Concur

Yes: 48 • No: 0

House vote 4/10/2025

Do Concur

Yes: 48 • No: 0

House vote 3/7/2025

Do Pass

Yes: 99 • No: 0

House vote 3/5/2025

Do Pass

Yes: 97 • No: 1

Actions Timeline

  1. Chapter Number Assigned

    5/13/2025House
  2. Signed by Governor

    5/8/2025House
  3. Transmitted to Governor

    5/2/2025House
  4. Signed by President

    5/2/2025Senate
  5. Signed by Speaker

    4/29/2025House
  6. Returned from Enrolling

    4/20/2025House
  7. Sent to Enrolling

    4/18/2025House
  8. 3rd Reading Passed as Amended by Senate

    4/18/2025House
  9. 2nd Reading Senate Amendments Concurred

    4/17/2025House
  10. Returned to House with Amendments

    4/11/2025Senate
  11. 3rd Reading Concurred

    4/11/2025Senate
  12. 2nd Reading Concurred

    4/10/2025Senate
  13. Committee Report--Bill Concurred as Amended

    4/8/2025Senate
  14. Committee Executive Action--Bill Concurred as Amended

    4/7/2025Senate
  15. Hearing

    3/20/2025Senate
  16. Referred to Committee

    3/17/2025Senate
  17. First Reading

    3/14/2025Senate
  18. Transmitted to Senate

    3/7/2025House
  19. 3rd Reading Passed

    3/7/2025House
  20. 2nd Reading Passed

    3/5/2025House
  21. Committee Report--Bill Passed

    3/3/2025House
  22. Committee Executive Action--Bill Passed

    3/3/2025House
  23. Hearing

    2/24/2025House
  24. First Reading

    2/24/2025House
  25. Referred to Committee

    2/24/2025House

Bill Text

  • Enrolled

    4/18/2025

  • As Amended (Version 2)

    4/8/2025

  • Introduced

    2/24/2025

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