Montana Regulatory Program
What happened
The Office of Surface Mining Reclamation and Enforcement (OSM) is not approving, with one exception, an amendment to Montana's regulatory program under the Surface Mining Control and Reclamation Act of 1977. Signed by Donald Trump, this final rule was effective September 21, 2026. Montana's House Bill 328 proposed adding a definition of "affected drainage basin" and changing bond release application requirements.
Why it matters
This decision means Montana's proposed changes to its coal mining laws, specifically regarding drainage basin definitions and bond release, will not take effect federally. It upholds federal oversight standards for surface coal mining and reclamation operations within Montana's borders. The state cannot unilaterally revise its program in ways that don't meet federal criteria.
Who it affects
- ›Montana's state legislature and regulatory bodies
- ›Office of Surface Mining Reclamation and Enforcement (OSM)
- ›Coal mining and reclamation operations in Montana
- ›Stakeholders concerned with water quality near Montana mines
The receipts are official. The summary is ours.
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