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Montana House Natural Resources advances several bills to the floor, tables others after debate over DEQ role and land leases

2475826 · March 3, 2025
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Summary

The House Natural Resources Committee on Thursday advanced a slate of environmental and land-use bills to the House floor, including measures on mine reclamation, water quality and permit transfers, while tabling others after debate over agency authority, lease limits for nonprofits and fiscal details.

House Natural Resources Committee Chair Gist on Thursday presided over executive action on more than a dozen bills, sending several to the House floor and tabling others after debate over environmental review duties, state land leases to nonprofit groups and missing fiscal details.

The committee moved bills including House Bill 587 (mine reclamation), House Bill 684 (removing a 60-day DEQ review deadline for impaired waters petitions), House Bill 699 (independent review panel membership), and several others to the House floor. Lawmakers tabled measures including House Bill 630 and House Bill 647 after members raised concerns ranging from due-process and access to state trust lands to the need for fiscal notes.

The discussion centered on four recurring themes: the Department of Environmental Quality’s role in environmental review under the Montana Environmental Policy Act; restrictions on leasing certain classified state lands to nonprofit organizations; how to handle transfers of mine permits and use of eminent domain; and how to structure funding or statutory appropriations for brownfield/petroleum cleanup programs.

Jason, a committee staff member, summarized multiple bills at the hearing. On House Bill 587, he said the bill "revises mine reclamation laws" and adjusts how the Department of Environmental Quality determines hydrologic consequences and defines "material damage" outside permitted mining areas. On House Bill 685 he described language that "would authorize degradation of high quality waters" by changing terminology to a "feasibility allowance." On House Bill 717 he said the Department of Environmental Quality could use eminent domain-like powers to force transfer of a suspended mining permit under set criteria.

Representative France objected to proposals that narrow agency review authority, invoking Montana’s environmental-review standard. "The guts of the Montana Environmental Policy Act is 'look before you leap,'" Representative France said, adding that removing agency analysis would "distort the information that comes to the decision maker." Representative Marler repeatedly said he would vote no on several measures, stating, "I'm gonna still be a no on this vote," when explaining his concerns about workability and redundancy.

Other debate: Representative Koner urged protecting leasing pathways for new farmers and ranchers when members considered an amendment that would have narrowed a ban on nonprofit leases; Representative Maness said he would vote to advance a bill to the Senate to let DEQ refine wording, noting, "I'm gonna vote yes just to get it over there for him to the senate because of where we're at."

Votes at a glance — committee actions and outcomes (committee decision and recorded tally when provided): - House Bill 587 (mine reclamation): Do pass to House floor; committee voice/roll-call action recorded as 8 yes, 6 no (tally from roll call). - House Bill 630 (motion to table): Motion to table passed; committee recorded 9 yes, 5 no — HB 630 tabled and returned to committee folders. - House Bill 647 (prohibit lease of classified state agricultural/grazing lands to nonprofits, as amended): Amendment failed on roll call (8–6); substitute motion to table later passed — HB 647 tabled. - House Bill 684 (removes a 60-day DEQ deadline on impaired-waters petitions): Do pass to House floor; committee recorded 13 yes, 1 no. - House Bill 685 (changes allowing degradation/"feasibility allowance" for high-quality waters): Do pass to House floor; committee recorded 8 yes, 6 no. - House Bill 699 (independent review panel membership for mine tailings expertise): Passed on voice vote; moved to House floor (tally not specified). - House Bill 703 (limits some local building NEPA/greenhouse gas analysis for gas appliances): Do pass to House floor; committee recorded 8 yes, 6 no. - House Bill 717 (transfer of mine permits; DEQ authority to force successor transfers, criteria and bond implications): Do pass to House floor; recorded 12 yes, 2 no. - House Bill 736 (nutrient-loading offsets for permitted point-source dischargers): Do pass to House floor; recorded 11 yes, 3 no. - House Bill 808 ("Montana Brownfields Revitalization Act," cleanup of petroleum/hazardous sites; statutory appropriation referenced on page 6): Motion to table passed on a voice vote (tabled for fiscal-note work), no roll-call tally given in transcript. - House Bill 629 (directs connections to public water or treatment systems, coverage up to 1,000 feet where capacity exists): Do pass to House floor on voice vote (tally not specified; proxy votes recorded during roll call). - House Bill 660 (companion/related MEPA/greenhouse gas language): Motion to table passed; committee recorded 8 yes, 6 no. - House Bill 481 (guidance posting by agencies including DEQ/AG, Board of Oil and Gas removed in amendment): Motion to take off table passed earlier (7 yes, 6 no); later the motion to pass once amended failed (even vote split), and the bill was re-tabled.

Discussion highlights and staff direction: committee staff summarized technical changes to mine reclamation, DEQ procedures and independent-review-panel membership, and described proposed statutory appropriation language for the brownfields cleanup bill. Members pressed for clarification on where guidance documents would be posted (DEQ vs. EPA sites) and whether the Board of Oil and Gas should be required to republish EPA guidance. The committee repeatedly used substitute motions to table bills so fiscal or drafting refinements could be completed before transmittal.

What happens next: Bills that "do pass" will proceed to the House floor for further consideration and possible amendment. Tabled bills were returned to committee folders for further revision, fiscal notes or sponsor work. Several items recorded proxy votes where members were absent; those proxies were noted in the transcript.

Committee engagement and context: The committee spent roughly half the meeting on executive action. Multiple members raised concerns about limits on agency review under MEPA, access to state trust lands (especially land that is landlocked or surround by private property), and the need for clear fiscal notes before advancing appropriation-related measures. No final floor amendments were adopted in committee during this session; when members wanted additional drafting or fiscal work, they used motions to table rather than vote the bills forward.

Ending: Chair Gist thanked members and adjourned the committee after the final tabling motion; the committee said it had reached the halfway mark of its docket and returned to the House floor schedule.