All Roll Calls
Yes: 287 • No: 10
MontanaHB 71769th Legislature, Regular Session (2025)House
Revise transfer of mining operator to successor
Sponsored By: John Fitzpatrick (Republican)
Signed by Governor
Mining and MineralsRule Making
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 0 benefits, 1 costs, 2 mixed.
Original operator owes bond shortfall
If the department forfeits your bond, you owe the shortfall between the required bond and the forfeited amount. This debt is not subject to a bona fide dispute, and the department may collect it.
New rules for transferring mining permits
The department can transfer a mining permit to a successor who takes over reclamation, can run under the permit or an approved change, and has an approved bond and needed property interests. For permits suspended after a bond was forfeited, a successor must pay a $2,000 transfer fee and post any extra bond the law requires. The department can change the permit or the reclamation plan after transfer. Valid third‑party liens and claims on the property stay in place; liens of the old operator or its affiliates do not. The department may extend a suspension up to six months while a diligent transfer is underway, or pause it during litigation. If the transfer is not finished within five years, the department may revoke the permit and move to reclamation.
State can take mining property for cleanup
The department may go to court to take surface, mineral, or access rights at a permitted site to finish cleanup and allow a transfer. It must find this serves taxpayers and the environment, the operator has been barred from mining for at least one year without a timely appeal, a violation letter was issued, the bond is short, and a qualified successor is ready. When the department asks, the court grants immediate possession before setting payment, and the successor may post the court bond under the transfer deal. Leftover forfeited cash stays as a cash bond for the successor after the transfer. When setting payment, officials must weigh the greater of the bond shortfall or the full cost to finish reclamation, plus tax liens, mineral or development value, and state costs to suspend, end, or transfer the permit and recover the bond.
Sponsors & Cosponsors
Sponsor
John Fitzpatrick
Republican • House
Cosponsors
Marta Bertoglio
Republican • House
Wylie Galt
Republican • Senate
Roll Call Votes
Senate vote • 4/17/2025
Do Concur
Yes: 45 • No: 5
Senate vote • 4/16/2025
Do Concur
Yes: 50 • No: 0
House vote • 3/7/2025
Do Pass
Yes: 97 • No: 2
House vote • 3/6/2025
Do Pass
Yes: 95 • No: 3
Actions Timeline
Chapter Number Assigned
5/13/2025HouseSigned by Governor
5/8/2025HouseTransmitted to Governor
5/1/2025HouseSigned by President
5/1/2025SenateSigned by Speaker
4/29/2025HouseReturned from Enrolling
4/19/2025HouseSent to Enrolling
4/17/2025House3rd Reading
4/17/2025Senate2nd Reading
4/16/2025SenateCommittee Report
4/12/2025SenateCommittee Executive Action
4/11/2025SenateHearing
3/20/2025SenateReferred to Committee
3/17/2025Senate1st Reading
3/14/2025SenateTransmitted to Senate
3/7/2025House3rd Reading
3/7/2025House2nd Reading
3/6/2025HouseCommittee Report
3/3/2025HouseCommittee Executive Action
3/3/2025HouseHearing
2/27/2025House1st Reading
2/25/2025HouseReferred to Committee
2/25/2025HouseIntroduced
2/24/2025House
Bill Text
Enrolled
4/17/2025
Introduced
2/24/2025
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