Montana I-186, Requirements For Permits And Reclamation Plans Of New Hard Rock Mines Initiative (2018)

From Ballotpedia
Montana I-186
Flag of Montana.png
Election date
November 6, 2018
Topic
Environment and Natural resources
Status
Defeatedd Defeated
Type
State statute
Origin
Citizens


Montana I-186, the Requirements for Permits and Reclamation Plans of New Hard Rock Mines Initiative was on the ballot in Montana as an initiated state statute on November 6, 2018. It was defeated.

A yes vote supported the ballot initiative to establish new requirements for a hard rock mine permits based on standards for water quality in land restoration plans.
A no vote opposed the ballot initiative to establish new requirements for hard rock mine permits, thereby keeping the existing requirements.

Election results[edit]

Montana I-186

Result Votes Percentage
Yes 220,266 44.36%

Defeated No

276,232 55.64%
Results are officially certified.
Source

Aftermath[edit]

In July 2021, the Federal Election Commission, in a 4-2 decision, affirmed that foreign nationals, including individuals, corporations, and governments, could contribute to ballot measure campaigns. The decision was the result of a complaint filed against a Canadian subsidiary of Australian firm Sandfire Resources, which contributed to the opposition campaign of Montana I-186. The ruling concluded that the contribution was not "inextricably linked to any federal, state, or local candidate for election" and therefore dismissed the complaint.[3]

Overview[edit]

What would I-186 have done?[edit]

I-186 was designed to require the Montana Department of Environmental Quality to deny permits for any new hard rock mines if the mine's reclamation plan does not "contain measures sufficient to prevent the pollution of water without the need for perpetual treatment." In mining, reclamation plans are plans to rehabilitate and restore land that has been used for mining. The measure would have went into effect on November 6, 2018, if it was approved. It would not have applied to permits approved before November 6, 2018.

Hard rock mining and reclamation plans: what are they?[edit]

Hard rock mining refers to the mining of hard rock material such as gold, diamond, copper, silver, nickel, platinum, and zinc, which are found in hard igneous or metamorphic rock. To extract these materials and minerals from the hard rock, crushing equipment is needed.

Reclamation plans are plans for restoring the land to the condition it was in before the mine. Reclamation plans typically are used to demonstrate that the site will not pose environmental or societal risks after its closure.

What did supporters and opponents say?[edit]

Supporters argued that mining companies should be held to higher standards for ensuring that mines do not lead to pollution, specifically water pollution. They also argued that Montana taxpayers are often left with the bill to clean up environmental damage caused by mines.

Opponents argued that the measure would effectively end mining in Montana and result in job losses and economic damage. They also argued that the initiative could cause lawsuits.

Who was behind the campaigns surround the ballot initiative?[edit]

One committee was registered to support this initiative: YES for Responsible Mining. The committee had raised $2.13 million and spent $1.86 million.[4] The largest donor was Trout Unlimited, which provided $484,148.

Stop I-186 to Protect Miners and Jobs was registered to oppose I-186. The committee reported a total of $5.55 million in contributions and $5.38 million in expenditures.[4] The largest donor was the Montana Mining Association, which provided $5.29 million. Another committee, Business for Responsible Resource Development, was registered in opposition to I-186, but it had not reported any contributions or expenditures.

Measure design[edit]

I-186 would have amended section 82-4-336 of the Montana Code Annotated to add requirements regarding the reclamation plans of mines. In mining, reclamation plans are plans to rehabilitate and restore land that has been used for mining.

This measure would have required the Montana Department of Environmental Quality to deny permits for any new hard rock mines if the mine's reclamation plan does not "contain measures sufficient to prevent the pollution of water without the need for perpetual treatment." The measure described "perpetual treatment" as including "activities necessary to treat acid mine drainage or perpetual leaching of contaminants, including arsenic, mercury, and lead," but also stated that the terms perpetual treatment, perpetual leaching, and contaminants are not fully defined within the proposed measure and would require the state Legislature or Department of Environmental Quality to further define them. The measure would have went into effect on November 6, 2018, if it was approved. It would not have applied to permits approved before November 6, 2018.

The budget director of Montana's Office of Budget and Program Planning estimated that the measure's implementation would have cost the state $115,360 in the first fiscal year and up to $118,767 by fiscal year 2021 due to increased staff for reviewing permits and expected lawsuits.[5][6]

Text of measure[edit]

Ballot title[edit]

The proposed ballot title was as follows:[5]

INITIATIVE NO. 186
A LAW PROPOSED BY INITIATIVE PETITION

I-186 requires the Department of Environmental Quality to deny a permit for any new hardrock mines in Montana unless the reclamation plan provides clear and convincing evidence that the mine will not require perpetual treatment of water polluted by acid mine drainage or other contaminants. The terms “perpetual treatment,” “perpetual leaching,” and “contaminants” within I-186 are not fully defined and would require further definition from the Montana Legislature or through Department of Environmental Quality rulemaking.

I-186 will cost $115,360 in its first fiscal year, increasing to $118,767 by fiscal year 2021. These costs are associated with more staff for environmental review for mining permit applications and anticipated litigation.

[ ] YES ON INITIATIVE I-186

[ ] NO ON INITIATIVE I-186 [7]

Full text[edit]

To read the full text of I-186, click here.

Readability score[edit]

See also: Ballot measure readability scores, 2018
Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The initiative proponents, with review by state officials, wrote the ballot language for this measure.


The FKGL for the ballot title is grade level 13, and the FRE is 29. The word count for the ballot title is 121, and the estimated reading time is 32 seconds. The FKGL for the ballot summary is grade level N/A, and the FRE is N/A. The word count for the ballot summary is N/A, and the estimated reading time is N/A.

In 2018, for the 167 statewide measures on the ballot, the average ballot title or question was written at a level appropriate for those with between 19 and 20 years of U.S. formal education (graduate school-level of education), according to the FKGL formula. Read Ballotpedia's entire 2018 ballot language readability report here.

Support[edit]

Montanayes186logo.JPG

YES for Responsible Mining led the campaign in support of I-186.[8]

Supporters[edit]

Organizations[edit]

Officials[edit]

Arguments[edit]

Opposition[edit]

Stop186logo.jpg

Stop I-186 led the campaign in opposition to the measure.[16]

Opponents[edit]

Montana state legislators[edit]

Organizations[edit]

Arguments[edit]

Media editorials[edit]

See also: 2018 ballot measure media endorsements

Support[edit]

Opposition[edit]

Campaign finance[edit]

See also: Campaign finance requirements for Montana ballot measures
Total campaign contributions:
Support: $2,133,712.94
Opposition: $5,550,990.93

One committee was registered to support this initiative: YES for Responsible Mining. The committee had raised $2.13 million and spent $1.86 million.[4] The largest donor was Trout Unlimited, which provided $484,148.

Stop I-186 to Protect Miners and Jobs was registered to oppose I-186. The committee reported a total of $5.55 million in contributions and $5.38 million in expenditures.[4] The largest donor was the Montana Mining Association, which provided $5.29 million. Another committee, Business for Responsible Resource Development, was registered in opposition to I-186, but it had not reported any contributions or expenditures.

Support[edit]

Committees in support of Montana I-186
Supporting committeesCash contributionsIn-kind servicesCash expenditures
YES for Responsible Mining$1,758,895.93$374,817.01$1,488,276.42
Total$1,758,895.93$374,817.01$1,488,276.42
Totals in support
Total raised:$2,133,712.94
Total spent:$1,863,093.43

Top donors[edit]

The top five donors in support of I-186 were as follows:

Donor Cash In-kind Total
Trout Unlimited - National Office (Virginia) $265,000.00 $0.00 $265,000.00
Trout Unlimited - Western Water Project (Montana) $115,898.45 $103,250.00 $219,148.45
National Wildlife Federation $134,800.00 $3,358.18 $138,158.18
American Rivers $110,579.00 $6,076.00 $116,655.00
David M. Leuschen $100,000.00 $0.00 $100,000.00

Opposition[edit]

Committees in opposition to Montana I-186
Opposing committeesCash contributionsIn-kind servicesCash expenditures
Stop I-186 to Protect Miners and Jobs$5,276,852.32$274,138.61$5,105,856.82
Total$5,276,852.32$274,138.61$5,105,856.82
Totals in opposition
Total raised:$5,550,990.93
Total spent:$5,379,995.43

Top donors[edit]

Donor Cash In-kind Total
Montana Mining Association $5,218,090.32 $79,373.05 $5,297,463.37
Montana Resources LLP $0.00 $82,652.38 $82,652.38
Sibayne Stillwater $0.00 $25,279.84 $25,279.84
Sandfire America $17,857.00 $5,385.59 $23,242.59
Golden Sunlight Mines, Inc. $10,000.00 $3,220.45 $13,220.45

Methodology[edit]

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Polls[edit]

See also: Ballotpedia's approach to covering polls and 2018 ballot measure polls

Below are poll results for the measure:

Montana I-186
Poll Yes NoUndecided or will not vote on the measureMargin of errorSample size
Montana Television Network News and Montana State University poll
9/14/18 - 10/6/18
28.6%50.6%20.9%+/-2.02,000
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.


Background[edit]

Hard rock mining[edit]

Hard rock mining refers to the mining of hard rock material such as gold, diamond, copper, silver, nickel, platinum, and zinc, which are found in hard igneous or metamorphic rock. Igneous rock forms from volcanic magma and intense heat. Igneous rocks are formed from extreme pressure and temperature. To extract these materials and minerals from the hard rock, crushing equipment is needed. Coal, on the contrary, is found in soft sedimentary rock.[26][27]

Mine closure and reclamation plans[edit]

Many regulatory agencies require a mining closure plan, or reclamation plan, before granting a mining permit to a potential miner. Reclamation plans typically are used to demonstrate that the site will not pose environmental or societal risks after its closure. It can take around two to ten years to close a mine, but it could take longer if long-term water treatment or monitoring is required. Reclamation plans are plans for restoring the land to the condition it was in before the mine.[28]

Following is a list of steps involved in the closure of a mine:[28]

Reclamation requirements in Montana in effect as of 2018[edit]

As of 2018, standards and requirements for reclamation plans included, but were not limited to, the following:[5]

Hard rock reclamation in Montana[edit]

Montana has an abandoned mine reclamation program which has overseen and completed almost 300 projects in 50 counties throughout the state.

The following map released by the Montana Department of Environmental Quality in August 2017 shows locations of abandoned soft rock (coal) mines shaded in yellow and hard rock mines shaded in blue:[29]

Montanamines.jpg

Mining industry in Montana[edit]

According to 2013 figures from the Montana State Library, the mining industry accounted for 6.1 percent of the state gross domestic product (GDP), 4.8 percent of work earnings, and two percent of jobs in Montana.[30]

Mining projects in Montana[edit]

Mining projects listed here were included because Ballotpedia staff deemed them recent or relevant. If you believe another mining project should be discussed here, please send an email to editor@ballotpedia.org.

Montana Tunnels project[edit]

Montana Tunnels is a gold, silver, lead, and zinc mine in Jefferson County, Montana. The Department of Environmental Quality suspended its operating permit on June 4, 2018, citing environmental concerns. Chief among the environmental concerns was that Clancy Creek would be destroyed by the mine's north wall caving in, which would, therefore, harm the westslope cutthroat trout habitat downstream. Patrick Imeson, the owner of the mine, said the mine has not had reclamation work since 2010.[31]

Zortman-Landusky gold mine[edit]

The Zortman-Landusky gold mine was a heap leach mine of the Pegasus Gold company located near the Fort Belknap Indian Reservation in Montana, a reservation home to the Gros Ventre and Assiniboine tribes.[32] Heap leaching is a technique used to extract and process minerals such as gold, silver, nickel, copper, and uranium in which ores are piled into a heap and treated with chemicals known as a leach solution.[33]

The Zortman-Landusky mine used cyanide to process the minerals and resulted in more than 10 cyanide spills, including one incident where 50,000 gallons of cyanide were spilled. The mine also caused acid leakage of arsenic and lead.[32] The mine shut down in 1998 and filed for bankruptcy, leaving the cleanup costs to the state of Montana.[32][34][35] In 2005, state officials concluded that the mine would require water treatments forever.[34] According to the Livingston Enterprise, the Zortman-Landusky mine has cost Montana taxpayers $27.5 million since its closure in 1998 due to its perpetual acid mine drainage treatments.[9]

The Montana Cyanide Process Open Pit Mining Prohibition Initiative, also known as I-137, was on the November 3, 1998, ballot in Montana as an initiated state statute, where it was approved. The measure banned new open-pit gold and silver mines that used heap and vat cyanide leach processing.[36][37] The Montana Open-pit Mining Initiative, also known as I-147, was on the November 2, 2004, ballot in Montana as an initiated state statute. The measure would have allowed cyanide leach processing at open-pit gold and silver mines. It was defeated.[38][39]

Natural resources on the ballot in Montana[edit]

See also: Natural resources on the ballot and List of Montana ballot measures

Ballotpedia has tracked the following ballot measure(s) relating to natural resources in Montana.

  1. Montana Coal Tax Trust Fund, C-3 (1976)
  2. Montana Cyanide Process Open Pit Mining Prohibition, I-137 (1998)
  3. Montana Open-pit Mining, I-147 (2004)
  4. Montana Remove Prohibition on Disposal of Radioactive Waste, LR-89 (1982)
  5. Montana Resource Indemnity Trust, C-1 (1974)

Path to the ballot[edit]

See also: Laws governing the initiative process in Montana

The state process[edit]

In Montana, the number of signatures required to qualify an initiated state statute for the ballot is equal to 5 percent of the votes cast for governor in the most recent gubernatorial election. Moreover, signature collection must be distributed such that petitions include signatures equal to 5 percent of the votes cast for governor in each of one-third (34) of the state's legislative districts in the last gubernatorial election. Petitioners have a maximum of one year to collect signatures and get them verified by county elections officials.

The requirements to get an initiated state statute certified for the 2018 ballot:

County election officials check each signature to make sure the name corresponds to the name of a registered voter. Then they use a 5 percent random sampling method to check the authenticity of the signatures. Signature petitions are then sent to the secretary of state, which certifies the measure for the ballot if enough valid signatures were submitted.

Cost of signature collection:
Sponsors of the measure hired M&R Strategic Services to collect signatures for the petition to qualify this measure for the ballot. A total of $249,981.63 was spent to collect the 25,468 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $9.82.

Details about this initiative[edit]

I-186 full text[edit]

The full text of the measure is displayed below. The underlined text would be added, and struck-through text would be deleted:[5]

How to cast a vote[edit]

See also: Voting in Montana

Poll times[edit]

In Montana, polling place hours vary throughout the state. Most polling places open at 7:00 a.m. and close at 8:00 p.m, although some polling places may open as late as 12:00 p.m. An individual who is in line at the time polls close must be allowed to vote.[45]

Registration requirements[edit]

To register to vote in Montana, each applicant must be a citizen of the United States, a resident of Montana for at least 30 days prior to the election, and at least 18 years old by the day of the election. Individuals serving a felony sentence in a penal institution and those who have been declared by a court to be of unsound mind are not eligible to vote.[46] The regular registration deadline is 30 days before the election. Citizens can register to vote at their county election office, drop off a registration application at the county election office or mail it to the county election administrator, or fill out an application when applying for or renewing a driver’s license or state ID. Late registration is available at county election offices or other designated locations until noon on Election Day.[46]

Automatic registration[edit]

Montana does not practice automatic voter registration.

Online registration[edit]

See also: Online voter registration

Montana does not permit online voter registration.

Same-day registration[edit]

Montana does not allow same-day voter registration.

Residency requirements[edit]

In order to register to vote in Montana, applicants must have lived in the state for at least 30 days prior to the election.

Verification of citizenship[edit]

See also: Laws permitting noncitizens to vote in the United States

Montana does not require proof of citizenship for voter registration.

Verifying your registration[edit]

The site My Voter Page, run by the Montana secretary of state’s office, allows residents to check their voter registration status online.

Voter ID requirements[edit]

Montana requires voters to present identification while voting.

Montana's voter identification requirements are outlined in Section 13-13-114 of Montana Code, as amended when SB169 was signed into law on April 19, 2021. The law states, "Before an elector is permitted to receive a ballot or vote, the elector shall present to an election judge one of the following forms of identification showing the elector's name:"[47]

(i) Montana driver's license, Montana state identification card issued pursuant to 61-12-501, military identification card, tribal photo identification card., United States passport, or Montana concealed carry permit; or
(ii) (A) a current utility bill, bank statement, paycheck, government check, or other government document that shows the elector's name and current address; and
(B) photo identification that shows the elector's name, including but not limited to a school district or postsecondary education photo identification. [7]

To view the full text of the law, click here.

Background[edit]

As of April 2021, 35 states enforced (or were scheduled to begin enforcing) voter identification requirements. A total of 21 states required voters to present photo identification at the polls; the remainder accepted other forms of identification. Valid forms of identification differ by state. Commonly accepted forms of ID include driver's licenses, state-issued identification cards, and military identification cards.[48][49]


See also[edit]

External links[edit]

Support[edit]

Opposition[edit]

Footnotes[edit]

  1. If one missed the Oct. 9 deadline, he or she could have still voted in the election by registering in person at the county election office. Late registration was available until the close of polls on Election Day.
  2. If one missed the Oct. 9 deadline, he or she could have still voted in the election by registering in person at the county election office. Late registration was available until the close of polls on Election Day.
  3. Business Insider, "The FEC affirmed that foreigners can fund US ballot measures because they're technically not elections," November 2, 2021
  4. 4.0 4.1 4.2 4.3 Montana Campaign Electronic Reporting System, "2018 Ballot Issue Committee Search," accessed December 12, 2018
  5. 5.0 5.1 5.2 5.3 Montana Secretary of State, "Ballot language for I-186," accessed July 31, 2018
  6. 6.0 6.1 Montana Secretary of State, "Proposed 2018 Ballot Issues," accessed May 5, 2018
  7. 7.0 7.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  8. 8.0 8.1 8.2 8.3 Bozeman Daily Chronicle, "Mining ballot initiative gets SOS approval, groups to gather signatures," accessed May 5, 2018
  9. 9.0 9.1 Livingston Enterprise, "Ballot measure targets mining waste," accessed June 19, 2018
  10. Our Revolution, "Ballot initiative endorsements," accessed September 22, 2018
  11. 11.0 11.1 11.2 11.3 11.4 11.5 Missoulian, "Montana mayors support I-186," accessed September 24, 2018
  12. Yes on 186, "Home," accessed August 10, 2018
  13. Missoula Current, "Brewing, fishing businesses join rally in Missoula to support I-186 mining initiative," accessed May 17, 2018
  14. 14.0 14.1 14.2 The Western News, "COMMISSIONERS FORMALLY OPPOSE MINING BALLOT INITIATIVE," accessed May 22, 2018
  15. Public News Service, "Ballot Initiative Would Hold Hard Rock Mines Responsible for Their Mess," accessed September 5, 2018
  16. 16.0 16.1 Bozeman Daily Chronicle, "Battle over mining initiative heating up," accessed May 25, 22018
  17. Montana Public Radio, "Montana Republicans Consider Special Legislative Session Over Ballot Initiatives," accessed June 27, 2018
  18. 18.0 18.1 18.2 18.3 Missoulian, "I-186 is harmful for Montana," accessed August 8, 2018
  19. 19.0 19.1 Missoulian, "Vote 'no' on I-186 to protect miners and jobs," accessed July 23, 218
  20. 20.0 20.1 Helena IR, "Mining initiative is duplicative and unnecessary," accessed August 2, 2018
  21. 21.0 21.1 Helena IR, "Mining initiative sacrifices good jobs for undefined standards," accessed August 2, 2018
  22. Great Falls Tribune, "Montana doesn’t need I-186 and more mining regulations," accessed June 26, 2018
  23. The Missoulian, "Say 'no' to perpetual water pollution: Vote 'yes' on I-186," accessed October 1, 2018
  24. Billings Gazette, "Gazette opinion: Montana doesn’t need I-186," accessed September 24, 2018
  25. Montana Standard, "Standard view: Vote no on I-186," accessed October 13, 2018
  26. Appropriate Process Technologies, "HARD ROCK MATERIAL IN MINING," accessed June 12, 2018
  27. Science: How Stuff Works, "Hard-Rock Underground Mining," accessed June 12, 2018
  28. 28.0 28.1 Mining Facts, "What happens to mine sites after a mine is closed?" accessed June 12, 2018
  29. Montana Department of Environmental Quality, "Montana Abandoned Mine Lands Program 2017 Summary," accessed June 12, 2018
  30. Montana State Library, "Montana's Economic Performance," accessed August 10, 2018
  31. Montana Standard, "Montana Tunnels' permit suspended; next steps unclear," accessed June 13, 2018
  32. 32.0 32.1 32.2 Environmental Justice Atlas, "Zortman-Landusky Gold Mine, Montana, USA," accessed July 31, 2018
  33. Azo Mining, "Heap Leaching - Mining Fundamentals," accessed July 31, 2018
  34. 34.0 34.1 Billings Gazette, "Zortman-Landusky gold mine cleanup plan supported," accessed July 31, 2018
  35. Bozeman Daily Chronicle, "LETTER: I-137 addresses Cyanide Issue," accessed July 31, 2018
  36. Montana Secretary of State, "Historical Ballot Initiatives and Referenda," accessed August 4, 2014
  37. Montana Secretary of State, "Archive Publications," accessed August 4, 2014
  38. Montana Secretary of State, "Historical Ballot Initiatives and Referenda," accessed August 5, 2014
  39. Montana Secretary of State, "Archive Publications," accessed August 5, 2014
  40. Bozeman Daily Chronicle, "Mining ballot initiative supporters nearing signature gathering threshold," accessed June 1, 2018
  41. Great Falls Tribune, "Supreme Court asked to intervene in mining ballot initiative," accessed June 1, 2018
  42. Montana Standard, "Montana Mining Association loses legal battle to stop environmental initiative," accessed June 21, 2018
  43. Cite error: Invalid <ref> tag; no text was provided for refs named kpax
  44. Twitter, "Corey Stapleton July 25 Tweet," accessed July 26, 2018
  45. Montana Secretary of State, “November 6 General Election,” accessed October 17, 2019
  46. 46.0 46.1 Montana Secretary of State, “How to Register to Vote,” accessed October 3, 2019
  47. Montana Code Annotated 2019, "Montana Code 13-13-114." accessed October 4, 2019
  48. National Conference of State Legislatures, "Voter Identification Requirements|Voter ID Laws," June 5, 2017
  49. The Washington Post, "Do I need an ID to vote? A look at the laws in all 50 states," October 27, 2014


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