S. Rpt. 119-103 addresses "Bull Mountains Mining Plan Modification". It was prepared by the Energy and Natural Resources Committee as part of the committee's legislative and oversight work. Committee reports are among the most important primary sources in the legislative process. They explain what legislation does, why the committee believes it is necessary, what amendments were adopted, how much it costs, and what the committee's majority and minority members think. Courts and agencies refer to these reports for decades after enactment when interpreting how laws should be applied.
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Senate Report 119-103 - BULL MOUNTAINS MINING PLAN MODIFICATION
[Senate Report 119-103]
[From the U.S. Government Publishing Office]
Calendar No. 332
119th Congress } { Report
SENATE
2d Session } { 119-103
=======================================================================
BULL MOUNTAINS MINING PLAN MODIFICATION
----------------
February 11, 2026.--Ordered to be printed
----------------
Mr. Lee, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 362]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 362) to allow certain Federal minerals to
be mined consistent with the Bull Mountains Mining Plan
Modification, and for other purposes, having considered the
same, reports favorably thereon with an amendment and
recommends that the bill, as amended, do pass.
AMENDMENT
1. On page 2, line 8, insert ``until the date that is 1
year from the date of enactment of this Act'' before the period
at the end.
PURPOSE
The purpose of S. 362 is to allow certain Federal minerals
to be mined consistent with the Bull Mountains Mining Plan
Modification.
BACKGROUND AND NEED
Signal Peak Energy is currently operating the Bull
Mountains Mine No. 1, an underground coal mine near Roundtop,
Montana. The Mine is comprised of a checkerboard of State,
Federal, and private coal. The Department of the Interior first
approved the Bull Mountains Mining Plan, which initially
authorized mining of 140 acres of leased federal coal lands, in
August 2013. In November 2013, Signal Peak proposed a
modification to its mining plan that would permit it to mine
the remaining federal coal on its lease. The Department of the
Interior first approved the modification ten years ago, in
2015. The approval was challenged in the federal district court
in Montana. The court vacated the Department's environmental
assessment and enjoined mining in the expanded Mine area in
2017. The Department prepared a second environmental assessment
in 2018, which was vacated in 2020. The Department also
approved a new mining plan modification in 2018, which was
vacated in 2023. In August 2023, the Department announced it
would prepare an environmental impact statement, which was not
scheduled to be completed until 2026.
Bull Mountains Mine faced closure as it could not access
privately held reserves because Federal coal tracts obstructed
access to recoverable supply and the operators were unable to
secure approval of the mining plan modification it needed to
continue mining. In May 2024, Senator Daines introduced S. 4432
in the 118th Congress, to require the Secretary of the Interior
to allow mining of Bull Mountains Mine No. 1 in accordance with
the Mining Plan Modification approved by the Department in
2020. In November 2024, the Committee on Energy and Natural
Resources reported S. 4432 with an amendment in the nature of a
substitute, which authorized mining of only an additional 800
acres of the lease in accordance with the 2020 Mining Plan
Modification. In February 2025, Senator Daines introduced S.
362, which is identical to S. 4432, as reported by the
Committee in the 118th Congress.
S. 362 was intended to enable Signal Peak to continue
mining operations pending completion of the environmental
impact statement and final approval of its Mining Plan
Modification. In June 2025, however, the Office of Surface
Mining Reclamation and Enforcement issued the Final
Environmental Impact Statement and Record of Decision for Bull
Mountains Mine No. 1 and the Federal Mining Plan for Lease MTM-
97988 Amendment 3. In July 2025, Congress enacted Public Law
119-21, commonly known as the One Big Beautiful Bill Act, which
directed the Secretary of the Interior to authorize mining of
federal coal reserves pursuant to a previously approved mining
plan in order to provide access to coal reserves on state or
private lands.
LEGISLATIVE HISTORY
S. 362 was introduced by Senator Daines on February 3,
2025. Senator Sheehy cosponsored the bill. Representative
Downing introduced a companion measure in the House of
Representatives, H.R. 931, on February 4, 2025. The Committee
on Energy and Natural Resources held a hearing on March 12,
2025. The Committee ordered S. 312 reported favorably with
amendments on April 9, 2025. On July 4, 2025, President Trump
signed the One Big Beautiful Bill Act into law. Section 50204
of Public Law 119-21, the One Big Beautiful Bill Act,
authorizes mining Federal coal reserves subject to certain
requirements--which the Bull Mountains Mine Plan meets--to be
mined.
As discussed in the previous section, similar legislation,
S. 4432, was introduced in the 118th Congress by Senator Daines
on May 23, 2024. The Committee on Energy and Natural Resources
Subcommittee on Public Lands, Forests, and Mining held a
hearing on June 12, 2024. The Committee ordered S. 4432 to be
reported favorably with an amendment in the nature of a
substitute on November 19, 2024.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on April 9, 2025, by a majority vote of a
quorum present, recommends that the Senate pass S. 362, if
amended as described herein.
The rollcall vote on reporting the measure was 13 yeas, 7
nays as follows:
YEAS NAYS
Mr. Lee Mr. Heinrich
Mr. Barrasso* Mr. Wyden*
Mr. Risch Ms. Cantwell*
Mr. Daines Ms. Hirono
Mr. Cotton Mr. Hickenlooper
Mr. McCormick Mr. Padilla
Mr. Justice Mr. Gallego*
Mr. Cassidy
Mrs. Hyde-Smith
Ms. Murkowski*
Mr. Hoeven
Mr. King
Ms. Cortez Masto
*Indicates vote by proxy.
COMMITTEE AMENDMENTS
During its consideration of S. 362, the committee adopted
an amendment that restricts the authorization to mine the
identified Federal coal reserves to one year after the date of
enactment.
SECTION-BY-SECTION ANALYSIS
Section 1. Authorization to mine Federal minerals
Section 1 defines Bull Mountains Mining Plan Modification
as Amendment 3, Bull Mountains Mine No. 1, Mining Plan
Modification for Federal Coal Lease MTM 97988, that was
approved by Department of the Interior Principal Deputy
Assistant Secretary for Land and Minerals Management on
November 18, 2020. It also authorizes all Federal coal reserves
leased under Federal Coal Lease MTM 97988 to be mined in
accordance with the Bull Mountains Mining Plan Modification
until the date that is one year from the date of enactment of
this Act. This section requires the Secretary of the Interior
to approve the Bull Mountains Mining Plan Modification to the
extent necessary to mine the described Federal land, without
modification or delay. Lastly, this section describes the
Federal land identified to be mined as comprising 800 acres,
more or less, located in T. 6 N., R. 27 E., Montana Principal
Meridian, Musselshell County, Montana: (1) the NE \1/4\ of
section 8, (2) the SW \1/4\ of section 10, and (3) the W \1/2\,
SE \1/4\ of section 22.
COST AND BUDGETARY CONSIDERATIONS
On October 28, 2025, the Congressional Budget Office
informed the Committee that it has determined that the
budgetary impact of this bill is being actualized by the
implementation of section 50204 of Public Law 119-21, the One
Big Beautiful Bill Act. The budgetary effects of that statute
are accordingly integrated into the CBO baseline, and
consequently S. 362 is not regarded as having any cost or other
budgetary effect.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 362. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses. No personal information would be collected in
administering the program. Therefore, there would be no impact
on personal privacy. Little, if any, additional paperwork would
result from the enactment of S. 362, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 362, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
EXECUTIVE COMMUNICATIONS
The Committee on Energy and Natural Resources has not
received executive communication regarding S. 362.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 362 as ordered
reported.
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