82-4-301. Legislative intent and findings. (1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted this part. (2) It is the legislature’s intent that: (a) the requirements of this part provide adequate remedies for the protection of the environmental life support system from degradation and provide […]
82-4-302. Purpose. (1) The purposes of this part are to: (a) fulfill the responsibilities and exercise the powers delegated by Article IX, section 1(3) and 2(1) of the Montana constitution; (b) allow mining as an activity beneficial to the economy of Montana; (c) allow the production of minerals to meet the needs of society and the economic demands of […]
82-4-303. Definitions. As used in this part, unless the context indicates otherwise, the following definitions apply: (1) ”Abandonment of surface or underground mining” may be presumed when it is shown that continued operation will not resume. (2) ”Amendment” means a change to an approved operating or reclamation plan. A major amendment is an amendment that may significantly affect […]
82-4-304. Exemption — works performed prior to promulgation of rules. This part is not applicable to any exploration or mining work performed prior to the date of promulgation of the initial rules pursuant to 82-4-321 relating to exploration and mining. This part is not applicable to the reprocessing of tailings or waste rock that occurred prior […]
82-4-305. Exemption — small miners — written agreement. (1) Except as provided in subsections (3) through (11), the provisions of this part do not apply to a small miner if the small miner annually agrees in writing: (a) that the small miner will not pollute or contaminate any stream; (b) that the small miner will provide protection for […]
82-4-306. Confidentiality of application information. (1) Except as provided in subsections (2) and (3), the information obtained by the department from applications for exploration licenses and the information obtained from small miners is confidential between the department and the applicant, except for the name of the applicant and the county of proposed operation. However, all activities […]
82-4-307. Review of existing files. Existing departmental files shall be reviewed, and their contents shall be segregated and available for public inspection to the same extent as new files under 82-4-306. History: En. 50-1221.1 by Sec. 2, Ch. 37, L. 1975; R.C.M. 1947, 50-1221.1.
82-4-308. Release by waiver. An applicant may release the department from the confidentiality requirements of this part by notarized waiver to that effect on forms to be provided by the department. History: En. 50-1221.2 by Sec. 3, Ch. 37, L. 1975; R.C.M. 1947, 50-1221.2; amd. Sec. 382, Ch. 418, L. 1995.
82-4-309. Exemption — operations on federal lands. This part does not apply to operations on certain federal lands as specified by the department, provided it is first determined by the department that federal law or regulations issued by the federal agency administering such land impose controls for reclamation of said lands substantially equal to or greater […]
82-4-310. Exemption — scale and type of activity. (1) A person is exempt from this part when the person is engaging in a mining activity that does not: (a) use motorized excavating equipment; (b) use blasting agents; (c) disturb more than 100 square feet or 50 cubic yards of material at any site; (d) leave unreclaimed sites that are less […]
82-4-311. Disposition of fees, fines, penalties, and other uncleared money. All fees, fines, penalties, and other uncleared money that has been or will be paid to the department under the provisions of this part must be placed in the environmental rehabilitation and response account in the state special revenue fund provided for in 75-1-110. Funds held […]
82-4-312. Hard-rock mining reclamation debt service fund. (1) There is a hard-rock mining reclamation debt service fund within the debt service fund type established in 17-2-102. (2) The state pledges, allocates, and directs to be credited to the hard-rock mining reclamation debt service fund money from the metalliferous mines license tax, as provided in 15-37-117. (3) Money in […]
82-4-313. Hard-rock mining reclamation bonds. (1) When authorized by the legislature and within the limits of the authorization and the further limitations established in this section, the board of examiners may issue and sell hard-rock mining reclamation bonds of the state in the amount and manner that it considers necessary and proper to finance legally required […]
82-4-314. Authorization for sale of hard-rock mining reclamation bonds. The board of examiners is authorized to issue and sell hard-rock mining reclamation general obligation bonds in an amount not exceeding $8 million upon the request of the department, as provided for in 82-4-313. Proceeds of the bonds or notes are allocated to the hard-rock mining reclamation […]
82-4-315. Hard-rock mining reclamation special revenue account. (1) There is a hard-rock mining reclamation special revenue account within the state special revenue fund established in 17-2-102. There must be paid into the account: (a) revenue from the sale of hard-rock mining reclamation bonds issued by the board of examiners pursuant to 82-4-313 and 82-4-314; (b) interest income earned […]
82-4-316 through 82-4-320 reserved.
82-4-321. Administration. The department is charged with the responsibility of administering this part and adopting rules as necessary. The department shall employ experienced, qualified persons in the field of mined-land reclamation who, for the purpose of this part, are referred to as supervisors. History: En. Sec. 4, Ch. 252, L. 1971; amd. Sec. 2, Ch. 281, L. […]
82-4-322. Investigations, research, and experiments. The department shall have the authority to conduct or authorize investigations, research, experiments, and demonstrations in reclamation and to collect and disseminate nonconfidential information relating to mining. History: En. Sec. 5, Ch. 252, L. 1971; R.C.M. 1947, 50-1205; amd. Sec. 385, Ch. 418, L. 1995.
82-4-323. Interagency cooperation — receipt and expenditure of funds. The department shall cooperate with other governmental and private agencies in this state and other states and agencies of the federal government and may reasonably compensate them for any services the department requests that they provide. The department may receive federal funds, state funds, and any other […]
82-4-324 through 82-4-330 reserved.
