⛏️Montana Surface Mining Regulatory Program Proposed Amendment Review
Montana Regulatory Program
Summary
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Montana regulatory program (the Montana program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Montana submitted this proposed amendment to us, on its own initiative, following the passage of Montana House Bill 633 (HB 633) during the 2025 legislative session. Montana proposes several changes to the Montana Code Annotated (MCA). Montana proposes that objections to the Montana Department of Environmental Quality's (DEQ) decisions are limited to issues previously raised in a comment or written objection submitted during the relevant comment period. The submittal also requires cumulative hydrologic impact assessments to be published along with DEQ's acceptability determination. Also, Montana adds contingencies in HB 633 that will not be codified into law but that will apply to the proposed amendment: "Saving clause," "Severability," "Contingent voidness," and "Effective date."
Agencies
- Interior Department
- Surface Mining Reclamation and Enforcement Office
Business Impact
$$ - Med
The proposed amendment to the Montana regulatory program directly influences compliance and regulatory requirements for businesses operating in the surface mining sector. It limits objections to decisions made by the Department of Environmental Quality, which could affect permits and operational processes.