House Passes Permanent Reversal of Montana Coal Leasing Ban
Downing's Congressional Review Act strategy would permanently reverse Biden-era restrictions, protecting mining from future administrative changes

By Staff Writer
Sep 4, 2025
WASHINGTON, D.C. — The U.S. House of Representatives passed legislation Tuesday that would reverse the Biden administration’s ban on new federal coal leasing in Montana’s Powder River Basin, potentially saving thousands of jobs and millions in education funding.
H.J. Res. 104, sponsored by Rep. Troy Downing (R-MT), passed by a 211-208 margin with support from Montana’s entire Republican congressional delegation. The resolution uses the Congressional Review Act to overturn a November 2024 Bureau of Land Management decision that prohibited all future federal coal leasing across 11.7 million acres in southeastern Montana.
“The Biden Administration’s outright ban on coal leasing in the Powder River Basin is an intolerable threat to domestic energy production, U.S. national security, and the prosperity of the communities I represent,” Downing said in a statement following the vote.
Spring Creek Mine Faces Closure
The BLM’s Resource Management Plan Amendment adopted what officials called the “no-leasing alternative” — a complete prohibition on new federal coal leases in the region that contains roughly 30% of the nation’s coal reserves.
Without access to additional federal coal leases, the Spring Creek Mine in the Powder River Basin would be forced to close by 2035, according to federal projections. The mine currently relies on both existing federal leases and pending applications for future operations.
“Spring Creek Mine would mine out its existing federal and nonfederal leases in the mine plan and subsequently close the mine,” the BLM concluded in its analysis of the restrictions.
$46 Million in Education Funding at Risk
The coal leasing ban threatens approximately $46 million in annual state revenue that funds Montana’s public K-12 education system. The resolution would unlock access to 37.8 billion short tons of coal — enough supply to meet U.S. demand for 73 years, according to congressional estimates.
“Joe Biden’s Miles City RMPA halts all future coal leasing in the region and will cause hardworking Montanans to lose their jobs,” said Sen. Steve Daines (R-MT), who is sponsoring companion legislation in the Senate. “It will also stifle our state’s growing economy and increase our dependence on foreign nations for coal and energy production.”
Montana Delegation United
Both Rep. Ryan Zinke (R-MT) and Sen. Tim Sheehy (R-MT) signed on as original cosponsors of the legislation, demonstrating unity across Montana’s congressional delegation.
“The Biden administration’s reckless Miles City Resource Management Plan would have done irreparable harm to Montana’s economy and weakened our energy security if allowed to remain in place,” Zinke said.
House Natural Resources Committee Chairman Bruce Westerman (R-AR) praised the legislation as “a major win for American energy and mineral dominance” that would help “restore our domestic energy security.”
Permanent Protection Through Congressional Review Act
Downing chose the Congressional Review Act as his legislative vehicle specifically because it provides permanent protection against similar restrictions in the future. Unlike executive actions that can be easily reversed by subsequent administrations, CRA resolutions bar agencies from implementing “substantially similar” rules in perpetuity.
“Much of the bureaucratic reform that any one Administration enacts can be just as easily undone by the next Administration,” Downing wrote in a recent opinion piece. “Once a rule has been overturned via CRA, that rule and substantially similar rules are barred from enactment in perpetuity.”
The resolution would also generate an estimated $15 million in new federal energy revenue and provide “operational certainty for mining operations in Southeastern Montana,” according to Downing’s office.
Senate Consideration Next
The legislation now moves to the Senate, where Daines will champion the companion measure. The narrow House margin reflects the partisan divide over energy policy, with Republicans emphasizing job creation and energy independence while Democrats have generally supported the Biden administration’s climate-focused restrictions.
The Trump administration has already moved to reopen the Powder River Basin for permitting through executive action, but congressional approval would provide the permanent legal framework that mining companies need for long-term investment decisions.
“I look forward to seeing this resolution pass the Senate and signed into law by President Trump,” Downing said.
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