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MontanaHB 69969th Legislature, Regular Session (2025)House

Revise review panel for tailings plans

Sponsored By: Bill Mercer (Republican)

Signed by Governor

Mining and MineralsEnvironmental ProtectionRule Making

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Faster, clearer mine permit reviews

Permit applications that include a tailings facility must file three items before a draft permit: the certified design document, the independent panel’s written report, and the operations, maintenance, and surveillance manual. For applications filed after October 1, 2015, the department verifies it has these before processing. Rock‑products permits: the department must list all problems within 60 days and review your fixes in 20 days (60 days if you waited more than a year). Other permits: 90 days for the first notice and 30 days to review fixes. The department cannot add new issues after its first notice. If no notice comes in time, the application is treated as complete, and the final permit is issued once the bond is received.

Stronger independent panels for mine tailings

Independent panels review tailings facility plans and work. Most panel members must be licensed engineers, but recognized non‑engineer experts can also serve. Panelists cannot be employees of the operator, the design consultant, the engineer of record, or the constructor. Operators must propose candidates until three are approved, contract with them, and pay panel costs. The panel issues a signed report, and its design finding is final. If changes are recommended, the engineer must revise the design and get written panel sign‑off before certifying it. Panels meet at least six months before construction starts, then at least yearly during construction, and at least every five years after initial construction until tailings deposition ends. Panels inspect the facility, review records, and send any imminent‑threat warning right away. After each report, the operator must submit a corrective action plan within 60 days, get panel approval, and file the approved plan and schedule with the department within 30 days. Approved panel members are not personally liable for acts done in their panel role. These rules take effect immediately.

Small or buried tailings sites exempt

A site is not a regulated tailings storage facility if it stores 50 acre‑feet or less of tailings, water, and process solution. A facility fully below surrounding ground with no man‑made retaining structures is also excluded. If only part is above grade, the above‑grade part is excluded if it holds 50 acre‑feet or less. Tailings used as underground mine backfill are excluded.

Sponsors & Cosponsors

Sponsor

  • Bill Mercer

    Republican • House

Cosponsors

  • Courtenay Sprunger

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 493 • No: 1

House vote • 4/18/2025

Do Concur

Yes: 98 • No: 0

House vote • 4/17/2025

Do Concur

Yes: 100 • No: 0

Senate vote • 4/11/2025

Do Concur

Yes: 48 • No: 0

Senate vote • 4/10/2025

Do Concur

Yes: 50 • No: 0

House vote • 3/7/2025

Do Pass

Yes: 99 • No: 0

House vote • 3/5/2025

Do Pass

Yes: 98 • 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 Senate Amendments

    4/18/2025House

  9. 2nd Reading Senate Amendments

    4/17/2025House

  10. Returned to House with Amendments

    4/11/2025Senate

  11. 3rd Reading

    4/11/2025Senate

  12. 2nd Reading

    4/10/2025Senate

  13. Committee Report

    4/8/2025Senate

  14. Committee Executive Action

    4/7/2025Senate

  15. Hearing

    3/20/2025Senate

  16. Referred to Committee

    3/17/2025Senate

  17. 1st Reading

    3/14/2025Senate

  18. Transmitted to Senate

    3/7/2025House

  19. 3rd Reading

    3/7/2025House

  20. 2nd Reading

    3/5/2025House

  21. Committee Report

    3/3/2025House

  22. Committee Executive Action

    3/3/2025House

  23. Hearing

    2/24/2025House

  24. 1st Reading

    2/24/2025House

  25. Referred to Committee

    2/24/2025House

Bill Text

  • Enrolled

    4/18/2025

    PDF

  • As Amended (Version 2)

    4/8/2025

    PDF

  • Introduced

    2/24/2025

    PDF

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