Proposed rule · 2025-14720

Montana Regulatory Program

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Montana regulatory program (hereinafter, 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 616 (HB 616) during the 2025 legislative session. Montana proposes several changes to the Montana Code Annotated (MCA) generally related to the option for an permittee to include predictive modeling, along with monitoring data, in its bond release application to prove compliance with approved reclamation plans and allowing Montana to retain a portion of a bond for areas that are contributing suspended solids. This notice also allows for a public comment period and the possibility for a public hearing, if one is requested.