Title 82, Title 82

(1) Within 1 year of October 1, 2011, and in accordance with subsection (3), the department shall adopt rules necessary to regulate underground mining using in situ coal gasification. (2) Unless required by this part, the department may not adopt a rule to regulate in situ coal g…

(Temporary) Mining permit required. (1) An operator may not engage in strip or underground mining without having first obtained from the department a permit designating the area of land affected by the operation. The designation must include all lands reasonably anticipated to be…

(1) An operator desiring a permit shall file an application that must contain a complete and detailed plan for the mining, reclamation, revegetation, and rehabilitation of the land and water to be affected by the operation. The plan must reflect thorough advance investigation and…

(1) Before a permit may be issued, the operator shall file with the department a bond payable to the state of Montana with surety satisfactory to the department in an amount to be determined by the department of not less than $200 for each acre or fraction of an acre of the area …

(Temporary) Application for permit amendment. (1) A permittee may apply to increase the permit boundary, but an increase may not extend the period for which an original permit was issued. The operator shall file an amendment application and map in the same form and with the same …

(1) Except as provided in subsection (7), prospecting by any person on land not included in a valid strip-mining or underground-mining permit is unlawful without possessing a valid prospecting permit issued by the department as provided in this section. A prospecting permit may n…

(1) An application for a prospecting, strip-mining, or underground-mining permit or major revision may not be approved by the department unless, on the basis of the information set forth in the application, in an onsite inspection, and in an evaluation of the operation by the dep…

(1) Any person having an interest that is or may be adversely affected may petition the department to have an area designated as unsuitable for strip- or underground-coal-mining operations or to have a designation terminated. The petition shall contain allegations of facts with s…

(Temporary) Minor revisions -- application -- exemptions. (1) During the term of a permit, the permittee may apply to the department to revise the permit and reclamation plan. Major revisions are subject to the provisions of 82-4-225. (2) An application for a minor revision must:…

(1) As rapidly, completely, and effectively as the most modern technology and the most advanced state of the art will allow, each operator granted a permit under this part shall reclaim and revegetate the land affected by the operation, except that underground tunnels, shafts, or…

(1) (a) Area strip mining, a method of operation that does not produce a bench or fill bench, is required where strip mining is proposed. The area of land affected must be backfilled and graded to the approximate original contour of the land. However: (i) consistent with the adja…

(1) The operator shall establish on regraded areas and on all other disturbed areas, except water areas, surface areas of roads, and other constructed features approved as part of the postmining land use, a vegetative cover that is in accordance with the approved permit and recla…

The operator shall commence the reclamation of the area of land affected by the operator's operation as soon as possible after the beginning of strip mining or underground mining of that area in accordance with plans previously approved by the department. Those grading, backfilli…

(1) Success of revegetation must be judged on the effectiveness of the vegetation for the approved postmining land use, the extent of cover compared to the cover occurring in the natural vegetation, and the requirements of 82-4-233. Standards for success are: (a) for areas reclai…

All vegetation that is planted or seeded on the area of land affected as required by this part or rules adopted under this part becomes the property of the landowner after complete release of the bond, unless the operator and the landowner agree otherwise.

(1) An operator shall file an annual report with the department on a date determined by the department. An annual report must include: (a) the name and address of the operator and permit number or numbers; and (b) a report with detail required by the department, supplemented with…

When one operator succeeds another at an uncompleted operation, either by sale, assignment, lease, or otherwise, the department may release the first operator from all liability under this part as to that particular operation if both operators have been issued a permit and have o…

(1) The department may have reclamation work done by its employees, by employees of other governmental agencies, by soil conservation districts, or through contracts with qualified persons. The department may construct, operate, and maintain plants for the control and treatment o…

In keeping with the provisions of this part, the department may reclaim any affected lands with respect to which a bond has been forfeited.

(1) Except for bond forfeiture money, all fees, penalties, and other money available or paid to the department under the provisions of this part must be placed in the state treasury and credited to the general fund. (2) Bond forfeiture money must be used to pay for expenses that …

The department may receive any federal funds, state funds, or any other funds for the reclamation of land affected by strip mining or underground mining.

(1) The permittee of an underground coal mining operation shall: (a) promptly repair or compensate for material damage to any occupied residential dwelling and related structures and to any noncommercial building resulting from subsidence caused by an underground coal mining oper…

(1) There is a coal and uranium mine permitting and reclamation program account within the special revenue fund established in 17-2-102. (2) Each fiscal year, there must be deposited in the account the proceeds from the coal severance tax, as provided in 15-35-108, to be appropri…

(1) An operating permit that is revoked in accordance with this part does not terminate until 5 years after revocation or until substantial completion of seeding and planting on disturbed areas, whichever occurs earlier. (2) A person may apply for the transfer of a revoked permit…

(1) If it is determined on the basis of an inspection that the permittee is or that any condition or practice exists in violation of any requirement of this part or any permit condition required by this part that creates an imminent danger to the health or safety of the public or…

(1) A resident of this state or any person having an interest that is or may be adversely affected, with knowledge that a requirement of this part or a rule adopted under this part is not being enforced or implemented by a public officer or employee whose duty it is to enforce or…

(1) An owner of an interest in real property who obtains all or part of a supply of water for domestic, agricultural, industrial, or other legitimate use from an underground source other than a subterranean stream having a permanent, distinct, and known channel may sue an operato…

(1) (a) Except as provided in subsection (2), a person or operator who violates any of the provisions of this part, rules adopted or orders issued under this part, or term or condition of a permit and any director, officer, or agent of a corporation who purposely or knowingly aut…

(1) Unless the context requires otherwise, a court or administrative agency that issues a final order in an action pursuant to Title 82, chapter 4, part 2, may award the prevailing party reasonable costs of litigation, including filing fees, attorney fees, and witness costs. (2) …

(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 o…

(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…

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 …

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 to…

(1) Except as provided in subsections (3) through (12), the provisions of this part do not apply to a small miner if the small miner annually submits a $100 administrative fee and agrees in writing: (a) that the small miner will not pollute or contaminate any stream; (b) that the…

(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 a…

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.

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.

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 sub…

(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…

(1) (a) 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 established in 75-1-110. (b) Funds held …

(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 t…

(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 necessar…

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…

(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-…

(1) There is a hard-rock mining permitting program account in the state special revenue fund established in 17-2-102. Money transferred to the fund by the legislature, fees collected in accordance with this part, and interest and income earned on money in the account must be depo…

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.