Mont. Code Ann. § 82-11-127 — MT Code / Title 82 / Chapter 11 / Part 1 / Section 82-11-127
82-11-127 Prohibited activity -- Makoshika state park
Status: in_force

82-11-127 . (Temporary) Prohibited activity -- Makoshika state park. (1) A person may not:

(a) cause pollution of any state waters or place or cause to be placed any liquid, gaseous, solid, or other substance in a location where the substance is likely to cause pollution of any state waters;

(b) violate any provision set forth in a permit or stipulation, including but not limited to limitations and conditions contained in it;

(c) violate an order issued pursuant to this chapter; or

(d) violate a provision of this chapter.

(2) A person may not drill, construct, convert, or operate a class II injection well or drill an oil or gas well or stratigraphic test well or core hole as described under 82-11-134 without a valid permit or order from the board.

(3) Except as provided in subsection (5), on lands managed as Makoshika state park, pursuant to Title 23, chapter 1, and under the control of the department of fish, wildlife, and parks, by grant, acquisition, lease, easement, or other means, a person may not:

(a) drill, construct, convert, or operate an oil or gas well, stratigraphic test well, or core hole;

(b) conduct vibroseis, drill a seismic shot hole, or set a surface charge;

(c) explore for oil or gas in a manner that damages the land surface; or

(d) construct or place any surface facility associated with oil or gas exploration or development.

(4) The prohibitions in subsection (3) do not preclude the development of oil or gas resources from beneath Makoshika state park through directional drilling or access from property outside the boundaries of the state park provided that the surface resources of the state park are not disturbed.

(5) The prohibitions listed in subsection (3) do not apply to oil or gas resources within Makoshika state park that are owned by a private person, nor do the prohibitions apply to school trust lands within the boundaries of the park. The state acknowledges the mineral rights of Dawson County and the state school trust and the private property rights of persons owning private mineral rights within Makoshika state park. The department of fish, wildlife, and parks is directed to conduct negotiations with the owners of mineral rights within Makoshika state park, with the purpose of acquiring those rights in the name of the state, and to report the results of the negotiations to the legislature no later than January 8, 2001.
Mont. Code Ann. § 82-4-223 — MT Code / Title 82 / Chapter 4 / Part 2 / Section 82-4-223
82-4-223 Surety bond
Status: in_force

82-4-223 . Surety bond. (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 of land affected, with a minimum bond of $10,000, conditioned upon the faithful performance of the requirements set forth in this part and of the rules of the department. The operator may elect to deposit cash, negotiable bonds, or negotiable certificates of deposit of any bank organized or transacting business in the United States. The cash deposit or market value of these securities must be equal to or greater than the amount of the bond required for the bonded area. The level of bonding must be relative to the degree of disturbance projected by the original permit and the annual report. A political subdivision or agency of the state need not file a bond unless required to do so by the department. The department shall adjust the amount of bond required if the cost of reclamation changes.

(2) In determining the amount of the bond, the department shall take into consideration the character and nature of the overburden, the future suitable use of the land involved, and the cost of backfilling, grading, highwall reduction, subsidence stabilization, water control, topsoiling, and reclamation to be required, but the bond may not be less than the total estimated cost to the state of completing the work described in the reclamation plan.
Mont. Code Ann. § 82-11-211 — MT Code / Title 82 / Chapter 11 / Part 2 / Section 82-11-211
82-11-211 Operations considered as done by all owners in unit
Status: in_force

82-11-211 . Operations considered as done by all owners in unit. (1) All operations, including but not limited to the commencement, drilling, or operation of a well upon any portion of the unit area, shall be considered for all purposes the conduct of those operations upon each tract in the unit area by the several owners thereof. The portion of the unit production allocated to a tract in a unit area shall, when produced, be considered for all purposes to have been actually produced from the tract by a well drilled thereon.

(2) Operations conducted pursuant to an order of the board providing for unit operations shall constitute a fulfillment of all the express or implied obligations of each lease or contract covering lands in the unit area to the extent that the obligations cannot be performed because of the order of the board.
Mont. Code Ann. § 82-11-209 — MT Code / Title 82 / Chapter 11 / Part 2 / Section 82-11-209
82-11-209 Units established by previous order
Status: in_force

82-11-209 . Units established by previous order. The board may provide by an order for the unit operation of a pool or pools or parts of a pool or pools that embrace a unit established by an order of the board made prior to February 13, 1969. The order, in providing for the allocation of unit production, must first treat the unit area previously established as a single tract, and the portion of the unit production allocated to that tract must then be allocated among the tracts included in the previously established unit area in the same proportions as those specified in the previous order. A new owner whose interest by the order is added to the unit area and who becomes liable for the owner's proportionate share of the costs of unit operations is not liable for any unit operating costs incurred prior to the person's entry in the unit. At the time the interest is included in the unit, an equipment inventory must be made in order to charge the newly committed interest with its proportionate share of capital investment at its current value. An oil-in-storage inventory must be taken immediately prior to adding the newly committed interest.
Mont. Code Ann. § 82-10-510 — MT Code / Title 82 / Chapter 10 / Part 5 / Section 82-10-510
82-10-510 Penalty for notice violation
Status: in_force

82-10-510 . Penalty for notice violation. Failure to comply with the notice requirements of 82-10-503 subjects the oil and gas developer or operator to the provisions of 82-11-122 and 82-11-147 through 82-11-149 .
Mont. Code Ann. § 82-2-222 — MT Code / Title 82 / Chapter 2 / Part 2 / Section 82-2-222
82-2-222 Construction of alternate facilities
Status: in_force

82-2-222 . Construction of alternate facilities. If a mineral owner seeks to condemn streets, roads, alleys, or highways pursuant to Title 70, chapter 30, for the purposes stated in 82-2-221 , there must also be attached to the complaint for condemnation a plat or plats showing the alternate facilities to be proposed and paid for by the condemnor. The court, in its final order of condemnation, may order the condemnor to construct reasonable and adequate alternate facilities that it considers appropriate under the circumstances.
Mont. Code Ann. § 82-4-406 — MT Code / Title 82 / Chapter 4 / Part 4 / Section 82-4-406
82-4-406 Exemption -- opencut operations on federal and state lands
Status: in_force

82-4-406 . Exemption -- opencut operations on federal and state lands. This part is not applicable to operations on certain federal and state lands as specified by the department, provided it is first determined by the department that laws, regulations, or rules administered or issued by the federal or state agency administering or having jurisdiction over the affected land impose controls for opencut operations on those lands equal to or greater than those imposed by this part.
Mont. Code Ann. § 82-4-122 — MT Code / Title 82 / Chapter 4 / Part 1 / Section 82-4-122
82-4-122 Application and approval of permit
Status: in_force

82-4-122 . Application and approval of permit. (1) A person desiring a mine-site location permit shall file with the department an application that must contain a reclamation plan for any preparatory work and any other information the department considers necessary to determine if the proposed area to be affected by the operation is appropriate for the location of a new strip mine or a new underground mine. The department may require any information included in but not limited to an application for a strip-mining permit or underground-mining permit as required by part 2 of this chapter.

(2) Except as provided in 75-1-205 (4) and 75-1-208 (4)(b), the department shall notify the applicant within 365 days of receipt of a complete application if the proposed site is an acceptable location for development of a new strip mine or a new underground mine. If the site is approved, the department shall issue the applicant a mine-site location permit. If the location is not approved, the department shall notify the applicant in writing, setting forth reasons why the location is not acceptable. The department shall also notify the applicant within 365 days of receipt of a complete application whether the proposed reclamation plan is or is not acceptable. If the plan is not acceptable, the department shall set forth the reasons for nonacceptance of the plan. It may propose modifications, delete areas, or reject the entire plan.
Mont. Code Ann. § 82-11-103 — MT Code / Title 82 / Chapter 11 / Part 1 / Section 82-11-103
82-11-103 Lands subject to law
Status: in_force

82-11-103 . Lands subject to law. This chapter applies to all lands in the state lawfully subject to its police powers, including all state-owned lands. It applies to lands of the United States or to lands subject to the jurisdiction of the United States only to the extent that control and supervision of conservation of oil and gas by the United States on its lands fails to effect the intent and purposes of this chapter and otherwise applies to those lands to the extent that any officer of the United States having jurisdiction or the officer's duly authorized representative approves any of the provisions of this chapter or an order of the board that affects those lands. This chapter also applies to any lands committed to a unit agreement approved by the secretary of the interior or the secretary's duly authorized representative, except that the board may, with respect to those unit agreements, suspend the application of this chapter or any part of this chapter so long as the conservation of oil and gas and the prevention of waste as provided in this chapter is accomplished under the unit agreements. The suspension does not relieve an operator or owner from making reports that may be required by the board with respect to operations and production under the unit agreement, and the suspension does not relieve an operator or owner from the payment of taxes on oil and gas production or payment for permit fees as required by this chapter.
Mont. Code Ann. § 82-4-1006 — MT Code / Title 82 / Chapter 4 / Part 10 / Section 82-4-1006
82-4-1006 Abandoned mine reclamation account
Status: in_force

82-4-1006 . Abandoned mine reclamation account. (1) There is an abandoned mine reclamation account in the federal special revenue fund provided for in 17-2-102 .

(2) There must be deposited in the account:

(a) money received by the state from the federal government pursuant to 30 U.S.C. 1232 through 1243; and

(b) interest earned on the account.

(3) (a) Money in the account is available to the department of environmental quality by appropriation and must be used to pay for reclamation or drainage abatement on eligible lands or waters. Eligible lands and waters are those:

(i) that were mined or processed for minerals or materials or were affected by that mining or processing;

(ii) that were abandoned or left in an inadequate reclamation status prior to:

(A) November 26, 1980, for federal lands administered by the United States bureau of land management;

(B) August 28, 1974, for federal lands administered by the United States forest service; and

(C) August 3, 1977, for state lands, private lands, and federal lands not subject to subsection (3)(a)(ii)(A) or (3)(a)(ii)(B); and

(iii) for which there is no continuing reclamation responsibility under state or federal law.

(b) Allowable reclamation or abatement activities under subsection (3)(a) include but are not limited to:

(i) reclamation of abandoned surface mine areas, abandoned mine processing areas, and abandoned mine refuse disposal areas;

(ii) sealing and filling abandoned mine entries and voids;

(iii) planting of land adversely affected by past mining practices to prevent erosion and sedimentation;

(iv) prevention, abatement, treatment, and control of water pollution created by abandoned mine drainage, including restoration of stream beds and construction and operation of water treatment plants;

(v) prevention, abatement, and control of burning coal refuse disposal areas and burning coal in situ;

(vi) prevention, abatement, and control of abandoned mine subsidence; and

(vii) payment of costs of administration of the abandoned mine land reclamation program administered by the department of environmental quality.

(4) Money in the account that is subject to restrictions on use pursuant to federal law, regulation, or grant condition may be used only for the purposes allowed by the federal provision.

(5) Any unspent or unencumbered money in the account at the end of a fiscal year must remain in the account until spent or appropriated by the legislature.
Mont. Code Ann. § 82-4-357 — MT Code / Title 82 / Chapter 4 / Part 3 / Section 82-4-357
82-4-357 Abatement of environmental emergencies
Status: in_force

82-4-357 . Abatement of environmental emergencies. (1) Whenever an environmental emergency exists, as determined by the department, at an active, temporarily abandoned, or permanently abandoned exploration, mining, ore processing, or hard-rock mill site, the department may enter the site and may apply for and, if approved by the governor, use the funds in the environmental contingency account created in 75-1-1101 to abate the situation on either a temporary or a permanent basis, or both.

(2) The department may bring an action against the operator to recover the abatement costs in the district court of the first judicial district in Lewis and Clark County. Nothing in this section affects the right of the department to retain or pursue forfeiture of any bond posted pursuant to 82-4-338 . Expenditures from the environmental contingency account that are recovered under this subsection must be deposited in the environmental contingency account.
Mont. Code Ann. § 82-4-206 — MT Code / Title 82 / Chapter 4 / Part 2 / Section 82-4-206
82-4-206 Procedure for contested case hearings
Status: in_force

82-4-206 . Procedure for contested case hearings. (1) An applicant, permittee, or person with an interest that is or may be adversely affected and who submitted comments or written objections during the relevant comment period for an application pursuant to subsections (1)(a) through (1)(e), may request a hearing before the board on any of the following decisions of the department by submitting a written request stating the reason for the request within 30 days after the department's decision:

(a) approval or denial of an application for a permit pursuant to 82-4-231 ;

(b) approval or denial of an application for a prospecting permit pursuant to 82-4-226 ;

(c) approval or denial of an application to increase or reduce a permit area pursuant to 82-4-225 ;

(d) approval or denial of an application to renew or revise a permit pursuant to 82-4-221 ; or

(e) approval or denial of an application to transfer a permit pursuant to 82-4-238 or 82-4-250 .

(2) The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to a hearing before the board under subsection (1). (2025 amendments in subsection (1) void on occurrence of contingency--sec. 5, Ch. 703, L. 2025.)
Mont. Code Ann. § 82-15-205 — MT Code / Title 82 / Chapter 15 / Part 2 / Section 82-15-205
82-15-205 County attorney to prosecute violations
Status: in_force

82-15-205 . County attorney to prosecute violations. If a person presents to the county attorney of any county in which the discriminatory acts of a person, firm, company, association, or corporation have been committed a sworn written statement of the price paid, the date, and the parties selling and buying and reasonably reliable information of the price demanded or collected by the person, firm, company, association, or corporation for a corresponding or similar article of standard petroleum product sold or offered for sale in another part of the state of Montana or in the nearest adjoining state by the person, firm, company, association, or corporation, the county attorney shall promptly investigate and either commence and prosecute an action or furnish the informant with a written statement of reasons for not commencing and prosecuting an action under this part.
Mont. Code Ann. § 82-11-142 — MT Code / Title 82 / Chapter 11 / Part 1 / Section 82-11-142
82-11-142 Subpoena power -- civil actions
Status: in_force

82-11-142 . Subpoena power -- civil actions. (1) If the Montana Administrative Procedure Act does not apply, the board may subpoena witnesses, administer oaths, and require the production of records, books, and documents for examination at any hearing or investigation conducted by it. Witnesses subpoenaed under this subsection must be paid the same per diem and mileage as is provided to be paid to witnesses attending the district courts of this state.

(2) This chapter, a suit by or against the board, a violation charged or asserted against a person under this chapter, or a rule or order issued under this chapter does not impair, abridge, or delay a cause of action for damages or other civil remedy that a person may have or assert against a person violating this chapter or a rule or order issued under it. A person aggrieved by the violation may sue for and recover damages or relief that the person otherwise may be entitled to receive.

(3) A person, association, corporation, or agency of the state or federal government may apply to the board protesting a violation or a threatened violation of this chapter. The board shall make an investigation and make a written report to the person, association, corporation, or agency that made the protest. If a violation is established by the investigation of the board, the board shall take appropriate enforcement action. If the board fails to take appropriate enforcement action or to bring suit to enjoin a threatened violation of this chapter or a rule or order of the board within 10 days after receipt of written request to do so by a person who is or will be adversely affected, the person making the request may bring the suit in the person's own behalf to restrain the threatened violation in a court in which the board might have brought suit. The board must be made a party defendant in the suit in addition to the person threatening to violate this chapter or a rule or order of the board, and the action must proceed and injunctive relief may be granted without bond in the same manner as if suit had been brought by the board.

(4) If a person fails or refuses to comply with the subpoena issued by the board or if a witness refuses to testify as to any material matter regarding which the person may be interrogated, any district court in the state, upon good cause shown by the application of the board, may issue a warrant of attachment for the person and, if after hearing the court finds the person's failure or refusal to be unjustified, compel the person to comply with the subpoena and to attend before the board and produce any subpoenaed records, books, and documents for examination and to give testimony. The court may punish for contempt as in the case of disobedience to a like subpoena issued by the court or for refusal to testify in the proceeding.
Mont. Code Ann. § 82-4-323 — MT Code / Title 82 / Chapter 4 / Part 3 / Section 82-4-323
82-4-323 Interagency cooperation -- receipt and expenditure of funds
Status: in_force

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 funds and, within the limits imposed by the grant, expend them for reclamation of land affected by mining or exploration and for purposes enumerated in 82-4-336 .
Mont. Code Ann. § 82-4-229 — MT Code / Title 82 / Chapter 4 / Part 2 / Section 82-4-229
82-4-229 Minor revisions -- application -- exemptions
Status: in_force

82-4-229 . (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:

(a) summarize proposed changes in sufficient detail for the department to determine that reclamation required under state and federal law will be accomplished;

(b) contain evidence that the changes in disturbed acres are insignificant in impact relative to the entire operation;

(c) identify previous environmental analyses relevant to the revision and demonstrate that the minor revision does not significantly change the human environment;

(d) document the adequacy of existing bonding; and

(e) include evidence that the permittee provided notice of the application for permit revision to the affected surface owner.

(3) Minor revisions are not subject to 82-4-231 and are exempt from the provisions of Title 75, chapter 1, parts 1 and 2.

(4) The department shall:

(a) notify the permittee if the minor revision application is adequate within 30 days of receipt; and

(b) approve the application within 60 days of the date the applicant is notified the application is adequate, provided the department determines the minor revision meets the requirements of this section and ensures adequate reclamation. Upon agreement of the permittee and the department, the period may be extended 30 days. (Terminates on occurrence of contingency--sec. 6, Ch. 524, L. 2023.)
Mont. Code Ann. § 82-11-203 — MT Code / Title 82 / Chapter 11 / Part 2 / Section 82-11-203
82-11-203 Pooling agreements not in violation of antitrust laws
Status: in_force

82-11-203 . Pooling agreements not in violation of antitrust laws. (1) An agreement for the unit or cooperative development and operation of a field or pool or any part of either or for conducting repressuring or pressure maintenance operations, cycling or recycling operations, including the extraction and separation of liquid hydrocarbons from natural gas in connection therewith, or any other method of unit or cooperative operation, including water flooding, is authorized and may be performed.

(2) Such an agreement does not violate any of the statutes of this state relating to trusts, monopolies, or contracts and combinations in restraint of trade if the agreement is approved by the board as being in the public interest and reasonably necessary to increase ultimate recovery or to prevent waste of oil or gas.
Mont. Code Ann. § 82-4-424 — MT Code / Title 82 / Chapter 4 / Part 4 / Section 82-4-424
82-4-424 Receipt and expenditure of funds -- disposition of penalties and other money
Status: in_force

82-4-424 . Receipt and expenditure of funds -- disposition of penalties and other money. (1) The department may receive any federal funds, state funds, or any other funds for the reclamation of affected land. The department may cause the reclamation work to be done by its employees, by employees of other governmental agencies, by soil conservation districts, or through contracts with qualified persons.

(2) All penalties and other money paid under the provisions of this part, except fees provided for in 82-4-437 , must be deposited in the environmental rehabilitation and response account in the state special revenue fund provided for in 75-1-110 . Funds held by the department as bond or as a result of bond forfeiture that are no longer needed for reclamation and for which the department is not able to locate a surety or other person who owns the funds after diligent search must be deposited in the environmental rehabilitation and response account in the state special revenue fund.
Mont. Code Ann. § 82-4-225 — MT Code / Title 82 / Chapter 4 / Part 2 / Section 82-4-225
82-4-225 Application for permit amendment
Status: in_force

82-4-225 . (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 content as required for an original application under this part and shall file with the department a supplemental bond in the amount to be determined under 82-4-223 for each acre or fraction of an acre of the increase approved. All procedures of this part pertaining to original applications apply to applications for the increase of the permit area, except for incidental boundary revisions and minor revisions.

(2) If the department approves a reduction in the acreage covered by the original or supplemental permit, it shall release the bond for each acre reduced, but the bond may not be reduced below $10,000, except as provided in 82-4-223 . (Terminates on occurrence of contingency--sec. 6, Ch. 524, L. 2023.)
Mont. Code Ann. § 82-4-380 — MT Code / Title 82 / Chapter 4 / Part 3 / Section 82-4-380
82-4-380 Periodic review required
Status: in_force

82-4-380 . Periodic review required. (1) Following department approval of a design document pursuant to 82-4-376 during mining, or as required in a reclamation plan approved pursuant to 82-4-336 , the operator shall assemble a panel in accordance with the panel requirements in 82-4-377 . A reasonable effort must be made to retain previous panel members. The operator shall assemble the panel at a frequency to be determined by the panel, except that the panel shall assemble:

(a) 6 months prior to the anticipated start of initial construction of the new tailing storage facility and not less than annually afterward until construction is completed or the placement of tailings in the facility is initiated; and

(b) at least once every 5 years after initial construction and until completion of the tailings deposition.

(2) The panel shall:

(a) inspect the tailings storage facility after the initiation of construction;

(b) review the tailings operation, maintenance, and surveillance manual and records collected in association with the manual;

(c) interview people with responsibilities identified in the tailings operation, maintenance, and surveillance manual; and

(d) review annual engineer of record inspection reports, corrective action plans, records associated with construction, and any other aspect, plan, record, document, design, model, or report related to the tailings storage facility that the panel needs to review to ensure that the tailings storage facility is constructed, operated, and maintained as designed and is functioning, can be closed as intended, and meets acceptable engineering standards.

(3) The operator shall provide documents and records necessary for the panel to complete a periodic review.

(4) The panel shall prepare a report detailing the scope of review and include any recommendations resulting from the review.

(5) The panel shall immediately notify the department and the operator if there is an imminent threat to human health or the environment.

(6) The final review report must be signed by each panel member and provided to the department and the operator.

(7) The operator shall prepare a corrective action plan and schedule effectively implementing the recommendations included in the panel's report. The operator shall submit the corrective action plan and schedule to the panel within 60 days after receipt of the panel report.

(8) The panel shall review the corrective action plan and schedule to determine whether the corrective action plan and schedule proposed by the operator will effectively implement the recommendations included in the panel's report.

(9) Within 30 days after receipt of approval from the panel, the operator shall submit the corrective action plan with an implementation schedule to the department.

(10) Failure to implement the corrective action plan pursuant to the implementation schedule is subject to the provisions of 82-4-361 and 82-4-362 .
Mont. Code Ann. § 82-4-312 — MT Code / Title 82 / Chapter 4 / Part 3 / Section 82-4-312
82-4-312 Hard-rock mining reclamation debt service fund
Status: in_force

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 the hard-rock mining reclamation debt service fund that is in excess of the amount needed to satisfy the annual principal and interest payment requirements in 82-4-313 must be transferred to the hard-rock mining reclamation special revenue account created in 82-4-315 .
Mont. Code Ann. § 82-4-603 — MT Code / Title 82 / Chapter 4 / Part 6 / Section 82-4-603
82-4-603 Membership and applicability
Status: in_force

82-4-603 . Membership and applicability. (1) The governor may appoint a designee to serve as the governor's official representative to the compact and to perform all functions in connection with the business of the compact.

(2) Provisions and policies of the Interstate Mining Compact may not be construed to limit, repeal, or supersede any law of the state of Montana.

(3) (a) The governor and the legislature, or agents of either, may inspect the books and accounts of the Interstate Mining Compact Commission at any reasonable time while the state is a member.

(b) A copy of the bylaws of the Interstate Mining Compact Commission must be placed on file with the department of environmental quality and be available for inspection at any reasonable time by the legislature or any interested citizen.

(4) The state of Montana is not liable for the obligations or solvency of:

(a) the retirement system described in article V(6) of the compact; or

(b) a program of employee benefits described in article V(6) of the compact.

(5) As used in article V(1) of the compact, "agency" does not mean an agency of the state of Montana or any political subdivision of the state of Montana.
Mont. Code Ann. § 82-4-124 — MT Code / Title 82 / Chapter 4 / Part 1 / Section 82-4-124
82-4-124 Permit -- authority under and renewal
Status: in_force

82-4-124 . Permit -- authority under and renewal. A mine-site location permit shall authorize the applicant to engage in preparatory work upon the area described in the application and designated in the permit for a period of 1 year from the date of issuance and is renewable until the applicant has applied for and received a strip-mining or underground-mining permit in accordance with part 2 of this chapter.
Mont. Code Ann. § 82-4-604 — MT Code / Title 82 / Chapter 4 / Part 6 / Section 82-4-604
82-4-604 Expenses
Status: in_force

82-4-604 . Expenses. The department of environmental quality may pay annually out of funds collected from mining fees, abandoned mine land fees and funds, natural resource operations, or from funds granted to the state by the federal office of surface mining reclamation and enforcement, the annual membership dues payable to the Interstate Mining Compact commission for the membership of the state of Montana in that organization.
Mont. Code Ann. § 82-4-427 — MT Code / Title 82 / Chapter 4 / Part 4 / Section 82-4-427
82-4-427 Hearing -- appeal -- venue
Status: in_force

82-4-427 . Hearing -- appeal -- venue. (1) (a) Subject to subsections (1)(b) and (1)(c), a person whose interests are or may be adversely affected by a final decision of the department to approve or disapprove a permit application and accompanying material or a permit amendment application and accompanying material under this part is entitled to a hearing before the board if a written request stating the reasons for the appeal is submitted to the board within 30 days of the department's decision.

(b) If an application was noticed publicly as required by this part, to be eligible to file for an appeal a person must have either submitted comments to the department on an application or submitted comments at a public meeting held under 82-4-432 .

(c) Subsection (1)(b) does not apply to a person filing for an appeal of an application that was not required to be noticed publicly by this part.

(2) An operator may request a hearing before the board on:

(a) a final decision of the department director pursuant to 82-4-436 (4) by submitting a request for a hearing within 15 days of receipt of notice of the director's decision; and

(b) an order of suspension or revocation issued under 82-4-442 by filing a request for hearing within 30 days of receipt of the decision.

(3) The operator or the landowner may request a hearing before the board on a decision on a bond release application by submitting a written request stating the reasons for the appeal within 30 days of the receipt of the decision.

(4) The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to a hearing held under this section.

(5) A petition for judicial review of a board decision made pursuant to this section must be brought in the county in which the permitted activity is proposed to occur. If an activity is proposed to occur in more than one county, the action may be brought in any of the counties in which the activity is proposed to occur.

(6) The petition for judicial review must include the party to whom the permit was issued or the applicant unless otherwise agreed to by the permitholder or applicant. All judicial challenges of permits for projects with a project cost, as determined by the court, of more than $1 million must have precedence over any civil cause of a different nature pending in that court. If the court determines that the challenge was without merit or was for an improper purpose, such as to harass, to cause unnecessary delay, or to impose needless or increased cost in litigation, the court may award attorney fees and costs incurred in defending the action.
Mont. Code Ann. § 82-4-339 — MT Code / Title 82 / Chapter 4 / Part 3 / Section 82-4-339
82-4-339 Annual report of activities by permittee -- fee -- notice of large-scale mineral developer status
Status: in_force

82-4-339 . Annual report of activities by permittee -- fee -- notice of large-scale mineral developer status. (1) Within 30 days after completion or abandonment of operations on an area under permit or within 30 days after each anniversary date of the permit, whichever is earlier, or at a later date that may be provided by rule and each year after that date until reclamation is completed and approved, the permittee shall pay the applicable annual fee provided for in subsections (3) or (4) and shall file a report of activities completed during the preceding year on a form prescribed by the department. The report must:

(a) identify the permittee and the permit number;

(b) locate the operation by subdivision, section, township, and range and with relation to the nearest town or other well-known geographic feature;

(c) estimate acreage to be newly disturbed by operation in the next 12-month period;

(d) include the number of persons on the payroll for the previous permit year and for the next permit year at intervals that the department considers sufficient to enable a determination of the permittee's status under 90-6-302 (4);

(e) update the information required in 82-4-335 (4)(a); and

(f) update any maps previously submitted or specifically requested by the department. The maps must show:

(i) the permit area;

(ii) the unit of disturbed land;

(iii) the area to be disturbed during the next 12-month period;

(iv) if completed, the date of completion of operations;

(v) if not completed, the additional area estimated to be further disturbed by the operation within the following permit year; and

(vi) the date of beginning, amount, and current status of reclamation performed during the previous 12 months.

(2) Whenever the department determines that the permittee has become or will, during the next permit year, become a large-scale mineral developer, it shall immediately serve written notice of that fact on the permittee, the hard-rock mining impact board, and the county or counties in which the operation is located.

(3) Except as provided in subsection (4):

(a) for a mine required to file a reclamation bond pursuant to 82-4-338 (1)(a), a permittee shall pay the fee specified under 82-4-342 (2)(c), if applicable, and an annual permit fee as follows:

(i) for a mine of 500 acres or more of a bonded disturbance, $5,000;

(ii) for a mine of 100 acres or more but less than 500 acres of a bonded disturbance, $3,000; or

(iii) for a mine of less than 100 acres of a bonded disturbance, $1,000; or

(b) for a mine not required to file a reclamation bond pursuant to 82-4-338 (1)(a), a permittee shall pay the fee specified under 82-4-342 (2)(c) or 82-4-343 (3)(c), if applicable, and an annual permit fee of $100.

(4) Upon submission of an annual report of activities as required in subsection (1), a person permitted under this part to mine rock products as defined in 82-4-303 shall pay:

(a) the applicable fee specified under 82-4-342 (2)(c) or 82-4-343 (3)(c); and

(b) an annual permit fee as follows:

(i) when the report is submitted between July 1, 2025, and June 30, 2026, 25% of the applicable fee in subsection (3)(a);

(ii) when the report is submitted between July 1, 2026, and June 30, 2027, 50% of the applicable fee in subsection (3)(a);

(iii) when the report is submitted between July 1, 2027, and June 30, 2028, 75% of the applicable fee in subsection (3)(a); or

(iv) when the report is submitted on or after July 1, 2028, 100% of the applicable fee in subsection (3)(a).
Mont. Code Ann. § 82-15-111 — MT Code / Title 82 / Chapter 15 / Part 1 / Section 82-15-111
82-15-111 Penalty for violations
Status: in_force

82-15-111 . Penalty for violations. A person who purposely, knowingly, or negligently violates any of the provisions of this part, except 82-15-110 (8), or any rule promulgated by the department is guilty of a misdemeanor and upon conviction shall for the first offense be punished by a fine of not less than $10 or more than $1,000 and shall be punished for any subsequent offense by a fine of not less than $50 or more than $5,000, by imprisonment in the county jail for a term not exceeding 1 year, or by both fine and imprisonment.
Mont. Code Ann. § 82-11-125 — MT Code / Title 82 / Chapter 11 / Part 1 / Section 82-11-125
82-11-125 Availability of cores or chips, cuttings, and bottom-hole temperatures to board
Status: in_force

82-11-125 . Availability of cores or chips, cuttings, and bottom-hole temperatures to board. (1) An owner drilling a well for gas or oil shall make available to the board at its field offices representative cores or chips, when available, the cuttings from the well, and the bottom-hole temperatures of the wells, in order to facilitate the discovery of geothermal potential. However, cores, chips, or cuttings need not be so made available for a period of 6 months following completion or abandonment of the wells. The board may, however, relieve the owner of a well of the obligation to furnish cores, chips, or cuttings when, in the opinion of the board, the furnishing thereof would be unduly burdensome for the owner; however, the owner desiring relief must apply to and receive permission from the board to not so furnish.

(2) The owner of a stratigraphic test well drilled for the purpose of obtaining lithologic information useful in potential oil and gas operations, as such well is defined by the board's rules, shall within 3 years from the date of the cessation of the drilling of the well make available to the board complete sets of sample cuttings and representative cores or chips and well logs of the wells, which logs shall include among other information the size of casing used, the type and depth of water if any located, and bottom-hole temperatures for geothermal purposes. The board shall require and the owner of a stratigraphic test well shall furnish, prior to the commencement of drilling of the well, a good and sufficient surety bond, to be approved prior to the commencement of the drilling, conditioned upon the proper plugging of the well prior to abandonment, the amount of the bond to be determined by the estimated depth as in the board's rules provided for oil and gas wells; prior to abandonment, the wells shall be plugged by the owner thereof or by the surety should the owner be in default, the plugging to conform to the standards set down and determined by the board.
Mont. Code Ann. § 82-4-238 — MT Code / Title 82 / Chapter 4 / Part 2 / Section 82-4-238
82-4-238 Successor operator
Status: in_force

82-4-238 . Successor operator. 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 otherwise complied with the requirements of this part, and the successor operator assumes, as part of the obligation under this part, all liability for the reclamation of the area of land affected by the former operator.
Mont. Code Ann. § 82-4-316 — MT Code / Title 82 / Chapter 4 / Part 3 / Section 82-4-316
82-4-316 Hard-rock mining permitting program account
Status: in_force

82-4-316 . Hard-rock mining permitting program account. (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 deposited in the account.

(2) The department shall use money in the account to administer and enforce this part.
Mont. Code Ann. § 82-15-120 — MT Code / Title 82 / Chapter 15 / Part 1 / Section 82-15-120
82-15-120 Department of environmental quality to enforce prohibition on methyl tertiary butyl ether -- notice requirements -- hearing -- penalties
Status: in_force

82-15-120 . Department of environmental quality to enforce prohibition on methyl tertiary butyl ether -- notice requirements -- hearing -- penalties. (1) (a) Whenever the department of environmental quality believes that a violation of 82-15-110 (8) or of the rules adopted pursuant to 82-15-102 (3) has occurred, it may serve written notice of the violation on the alleged violator or an agent of the alleged violator.

(b) The notice must specify the facts alleged to constitute a violation and may include an order assessing an administrative penalty pursuant to subsection (3), an order to take necessary corrective action within a reasonable period of time stated in the order, or both.

(c) The order becomes final unless, within 30 days after the notice is served, the person named in the order requests in writing a hearing before the board of environmental review. Service by mail is complete on the date of mailing.

(d) Upon receipt of the request, the board of environmental review shall schedule a hearing. The contested case provisions of the Montana Administrative Procedure Act provided in Title 2, chapter 4, part 6, apply to a hearing conducted under this section.

(2) If, after a hearing held under subsection (1), the board of environmental review finds that a violation has occurred, it shall either affirm or modify the order of the department of environmental quality. An order issued by the department of environmental quality or by the board of environmental review may prescribe the date by which the violation must cease and may prescribe time limits for a particular action. If, after hearing, the board of environmental review finds no violation has occurred, it shall rescind the department of environmental quality's order.

(3) A violation of 82-15-110 (8) or of a rule adopted pursuant to 82-15-102 (3) is subject to an administrative penalty of up to $1,000. Each day of violation constitutes a separate violation.

(4) Any person who violates 82-15-110 (8), a rule adopted pursuant to 82-15-102 (3), or an order issued under this section is subject to a civil penalty not to exceed $5,000 for each violation. Each day of violation constitutes a separate violation.

(5) The department of environmental quality is authorized to commence a civil action seeking appropriate relief, including temporary and permanent injunctions and penalties under subsection (4) of this section, for a violation of 82-15-110 (8), a rule adopted pursuant to 82-15-102 (3), or a violation of an order issued under this section. The action must be brought in the district court of the county in which the violation occurred.
Mont. Code Ann. § 82-11-212 — MT Code / Title 82 / Chapter 11 / Part 2 / Section 82-11-212
82-11-212 Property rights and operator's lien
Status: in_force

82-11-212 . Property rights and operator's lien. That portion of the unit production allocated to any tract and the proceeds from the sale of that production must be the property and income of the persons to whom or to whose credit the proceeds are allocated or payable under the order providing for unit operations, except that the operator of the unit shall, subject to 82-11-206 (5)(a), have a first and prior lien upon each owner's oil and gas rights and the owner's share of unitized production to secure the payment of that owner's proportionate part of developing and operating the unit area. The lien may be perfected and enforced in the same manner as provided in Title 71, chapter 3, part 5. Upon demand by any owner of working interest in any tract to which gas has been allocated, the unit operator shall deliver the allocated share of gas to the owner in kind. However, the operator and the other owners of interest may not be required to bear the cost of providing additional facilities for the delivery of the gas.
Mont. Code Ann. § 82-11-305 — MT Code / Title 82 / Chapter 11 / Part 3 / Section 82-11-305
82-11-305 Limitation on power of representative
Status: in_force

82-11-305 . Limitation on power of representative. This part may not be construed as granting any power to the representative of the state of Montana in the representative's private or official capacity or to the interstate oil compact commission to prorate, allocate, regulate, or control oil or gas production or refined products of the production within the state of Montana or the markets for the production and may not have the effect or be construed as in any manner surrendering to the federal government any rights over or in the production, sale, or transportation of oil or gas or the refined products of oil or gas in the state of Montana. This part may not be construed to bind or obligate the state of Montana to enact any new legislation or to amend or alter any laws pertaining to the oil and gas industries in Montana.
Mont. Code Ann. § 82-2-211 — MT Code / Title 82 / Chapter 2 / Part 2 / Section 82-2-211
82-2-211 Payment of costs
Status: in_force

82-2-211 . Payment of costs. All costs and expenses of the proceedings under the provisions of this part, except as provided in 82-2-210 , must be paid by the plaintiff or party making the application. The judge may, if the right-of-way asked for is denied, allow the opposite party a reasonable counsel fee.
Mont. Code Ann. § 82-1-110 — MT Code / Title 82 / Chapter 1 / Part 1 / Section 82-1-110
82-1-110 Penalty
Status: in_force

82-1-110 . Penalty. A failure to comply with the terms of this part shall be deemed a misdemeanor and shall be punishable as is elsewhere provided in this code, either by fine or imprisonment, or both. The geophysical permit of any person, firm, or corporation convicted of a violation of the plugging requirements of this part shall be revoked and may not be renewed for a period of 2 years after conviction.
Mont. Code Ann. § 82-2-702 — MT Code / Title 82 / Chapter 2 / Part 7 / Section 82-2-702
82-2-702 Authority to accept gifts, grants, and reimbursements
Status: in_force

82-2-702 . Authority to accept gifts, grants, and reimbursements. The Montana bureau of mines and geology may accept gifts, grants, and reimbursements to be used for the purposes of 82-2-701 .
Mont. Code Ann. § 82-1-105 — MT Code / Title 82 / Chapter 1 / Part 1 / Section 82-1-105
82-1-105 Exploration permit
Status: in_force

82-1-105 . Exploration permit. (1) Upon compliance with the provisions of this section, namely the filing of a notice of intention to engage in the exploration and a certificate or a copy of the certificate from the secretary of state certifying the name and address of the resident agent for service of process for the person, firm, or corporation desiring to engage in the exploration and certifying that the required surety bond has been filed with the secretary of state, the county clerk and recorder shall issue to the person, firm, or corporation a geophysical exploration permit.

(2) The permit must show:

(a) the name of the person, firm, or corporation and the principal place of business;

(b) if a firm or corporation, the names and addresses of its officers;

(c) the name and address of the resident agent for service of process for the person, firm, or corporation;

(d) that a notice of intention to engage in geophysical exploration has been filed; and

(e) that a good and sufficient surety bond has been filed by the person, firm, or corporation, naming the surety company and giving its address.

(3) The permit must be signed by the county clerk and recorder or the clerk and recorder's deputy and bear the official county seal. The permit is valid and effective for all geophysical crews of the permittee during the calendar year in which it is issued.

(4) The cost of the permit is $5 per calendar year or any portion of the calendar year for which issued, and the revenue realized from the permit must go to the county issuing the permit. The funds must be applied toward payment of the cost of printing the permits, which must be printed at the county seat, and excesses must be deposited in the county's general fund.

(5) If printed forms are not available at the time any person, firm, or corporation desires the permit and qualifies for its issuance, a typewritten or other form of reproduction of the permit may be used, the fee of $5 must still be paid for its issuance, and this fee must be disposed of in the same manner.

(6) The permit or a copy of the permit must be carried by the person or by the agent of the firm or corporation at all times during the period of the geophysical exploration and must be exhibited upon demand of any county or state official.
Mont. Code Ann. § 82-11-123 — MT Code / Title 82 / Chapter 11 / Part 1 / Section 82-11-123
82-11-123 Requirements for oil and gas operations
Status: in_force

82-11-123 . (Temporary) Requirements for oil and gas operations. Subject to the administrative control of the department under 2-15-121 , the board shall require:

(1) identification of ownership of oil or gas wells, producing properties, and tanks;

(2) the making and filing of acceptable well logs, including bottom-hole temperatures (in order to facilitate the discovery of potential geothermal energy sources), the making and filing of reports on well locations, and the filing of directional surveys, geological sample logs, mud logs, core descriptions, and ordinary core analysis, if made; however, logs of exploratory or wildcat wells need not be filed for a period of 6 months following completion of those wells;

(3) the drilling, casing, producing, and plugging of wells and class II injection wells in a manner that prevents the escape of oil or gas out of one stratum into another, the intrusion of water into oil or gas strata, blowouts, cave-ins, seepages, and fires and the pollution of fresh water supplies by oil, gas, salt, or brackish water;

(4) the restoration of surface lands to their previous grade and productive capability after a well is plugged or a seismographic shot hole has been utilized and necessary measures to prevent adverse hydrological effects from the well or hole, unless the surface owner agrees in writing, with the approval of the board or its representatives, to a different plan of restoration;

(5) the furnishing of a reasonable bond with good and sufficient surety, conditioned for performance of the duty to properly plug each dry or abandoned well. The bond may be forfeited in its entirety by the board for failure to perform the duty to properly plug each dry or abandoned well and may not be canceled or absolved if the well fails to produce oil or gas in commercial quantities, until:

(a) the board determines the well is properly plugged and abandoned as provided in the board's rules; or

(b) the requirements of 82-11-163 are met.

(6) proper gauging or other measuring of oil and gas produced and saved to determine the quantity and quality of oil and gas;

(7) that every person who produces, transports, or stores oil or gas or injects or disposes of water in this state shall make available within this state for a period of 5 years complete and accurate records of the quantities. The records must be available for examination by the board or its employees at all reasonable times. The person shall file with the board reports as it may prescribe with respect to quantities, transportations, and storages of the oil, gas, or water.

(8) the installation, use, and maintenance of monitoring equipment or methods in the operation of class II injection wells.
Mont. Code Ann. § 82-4-442 — MT Code / Title 82 / Chapter 4 / Part 4 / Section 82-4-442
82-4-442 Suspension and revocation orders
Status: in_force

82-4-442 . Suspension and revocation orders. (1) (a) The department may, after affording the operator an opportunity for an informal conference, order the suspension of a permit if:

(i) the operator fails to comply with a penalty order or a corrective action order issued pursuant to 82-4-441 ; or

(ii) the operator has violated this part, a rule adopted pursuant to this part, or the permit and the violation could reasonably be expected to create a danger to the health or safety of persons outside the permit area or significant environmental harm to land, air, or water. The order of suspension must be served on the operator personally or by certified mail addressed to the permanent address shown on the most recently filed annual report. The order of suspension must specify the provision of this part, the rules adopted under this part, or the permit violated and the facts alleged to constitute the violation and must, if the violation has not been corrected, order corrective action within a specified time period.

(b) The department may order immediate suspension of a permit whenever it finds that a violation of this part, the rules adopted under this part, or a permit is creating an imminent danger to the health or safety of persons outside the permit area. The order must require immediate corrective action.

(c) The operator upon whom an order is served may file a request for hearing with the board within 30 days of service of the order. The request for hearing must specify the reason for the request. The filing of a request for hearing on an order issued does not stay the suspension or corrective action requirement, but the board may, upon written request of the operator, stay either or both of these requirements.

(2) If the operator has not complied with the requirements set forth in the order of suspension within the time limits set in the order, the permit may be revoked by order of the department and the performance bond forfeited to the department. The operator may request a hearing before the board by submitting a written request stating the reason for the request to the board within 30 days after service of the order. If a hearing is requested within the 30-day period, the permit may not be revoked and the bond may not be forfeited until the board makes a final decision.

(3) If an operator fails to file the report required under 82-4-437 , the department shall serve personally or by certified mail a notice letter informing the operator of the failure. If the operator does not file the report within 30 days of receipt of the letter, the department may issue a penalty order pursuant to 82-4-441 or a suspension order pursuant to this section. If the permit has been suspended, the department shall reinstate the permit upon compliance.

(4) Maintenance, monitoring, reporting, reclamation, and other activities required by statute, rule, or the permit and intended to protect public health or safety or the environment must continue during any period of suspension unless otherwise provided in the order.
Mont. Code Ann. § 82-2-105 — MT Code / Title 82 / Chapter 2 / Part 1 / Section 82-2-105
82-2-105 Relocation of abandoned claim
Status: in_force

82-2-105 . Relocation of abandoned claim. The relocator of an abandoned or forfeited mining claim may adopt as the relocator's discovery any shaft or other working existing upon the claim at the date of the relocation in which the vein, lode, or deposit is disclosed, but in that shaft or other working, the relocator shall perform the same discovery work that is required in the case of an original location.
Mont. Code Ann. § 82-11-143 — MT Code / Title 82 / Chapter 11 / Part 1 / Section 82-11-143
82-11-143 Rehearing
Status: in_force

82-11-143 . Rehearing. A person adversely affected by a rule or order of the board may within 20 days after its effective date apply to the board in writing for a rehearing. The application for rehearing must be acted upon at the board's next regularly scheduled meeting after filing of the application, and if granted, the rehearing must be held without undue delay.
Mont. Code Ann. § 82-4-242 — MT Code / Title 82 / Chapter 4 / Part 2 / Section 82-4-242
82-4-242 Funds received by department
Status: in_force

82-4-242 . Funds received by department. 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.
Mont. Code Ann. § 82-10-110 — MT Code / Title 82 / Chapter 10 / Part 1 / Section 82-10-110
82-10-110 Division order -- definition -- effect
Status: in_force

82-10-110 . Division order -- definition -- effect. (1) As used in this section, the term "division order" is limited to mean an instrument executed by the lessor of an oil or gas lease to authorize the sale of and direct the distribution of proceeds from the sale of oil, gas, casinghead gas, or other related hydrocarbons.

(2) A division order may not alter or amend the terms of the underlying oil or gas lease. A division order does not relieve a lessee of any liabilities or obligations under the terms of the underlying oil or gas lease.

(3) A division order must be in writing and:

(a) must warrant the division of interest;

(b) must contain the name, address, and tax identification number of each interest owner to whom disbursements are made by the holder of the proceeds from the sale of oil, gas, casinghead gas, or other related hydrocarbons;

(c) must contain a provision requiring notice of change of ownership; and

(d) may contain any other terms that are necessary to facilitate the transaction.
Mont. Code Ann. § 82-4-378 — MT Code / Title 82 / Chapter 4 / Part 3 / Section 82-4-378
82-4-378 Quality assurance during construction
Status: in_force

82-4-378 . Quality assurance during construction. (1) An operator constructing a new or expanded tailings storage facility shall:

(a) when indicated by the construction management plan, engage a professional engineer or other oversight specified in the plan to implement the construction management plan specified in the final design document. The professional engineer must be an employee of the engineer of record or an employee of the design firm represented by the engineer of record but may not be an employee of the constructor or the operator.

(b) ensure the collection of all records, including as-built plans and specifications, necessary to demonstrate that the tailings storage facility is constructed as specified in the final design document;

(c) when indicated by the construction management plan, secure a certification from the professional engineer for the records generated by the implementation of the quality assurance monitoring as specified in the final design document; and

(d) submit to the department the records collected during the quality assurance monitoring specified in the approved design document for all tailings storage facility construction conducted during a calendar year in the annual report required by the facility's operating permit or an independent submittal at the completion of the construction activity.

(2) After an appropriate investigation and consultation with the operator, the department shall, pursuant to 82-4-362 , order the suspension of tailings storage facility construction activities if credible evidence is observed, submitted, or otherwise obtained that construction activities are not being conducted as specified in the design document.
Mont. Code Ann. § 82-1-107 — MT Code / Title 82 / Chapter 1 / Part 1 / Section 82-1-107
82-1-107 Permitholder to furnish information to surface owner
Status: in_force

82-1-107 . Permitholder to furnish information to surface owner. (1) Before commencing seismic activity, the person, firm, or corporation conducting the seismic activity shall notify the surface owner, as defined in 82-10-502 , as to the approximate time schedule of the planned activity and shall provide copies of Title 82, chapter 10, part 5, this part, and, if available, a current publication produced by the environmental quality council entitled "A Guide to Split Estates in Oil and Gas Development". Upon request, the following information must also be furnished:

(a) the name and permanent address of the seismic exploration firm, along with the name and address of the firm's designated agent for the state if different from that of the firm;

(b) evidence of a valid permit to engage in seismic exploration;

(c) the name and address of the company insuring the seismic firm or, if self-insured, evidence of the self-insurance;

(d) the number or other identifying information for the surety bond, cash, certificate of deposit, or other instrument acceptable to the secretary of state and required in 82-1-104 ;

(e) a description of the planned seismic activity and where it will take place; and

(f) the anticipated need, if any, to obtain water from the surface owner during planned seismic activity.

(2) The surface owner is responsible for providing the permitholder with the name and permanent address of a responsible person with whom communication may be maintained.

(3) The surface owner is responsible for providing the name and address of the permitholder to any lessees, tenants, or other parties responsible for surface operations on the property.
Mont. Code Ann. § 82-15-113 — MT Code / Title 82 / Chapter 15 / Part 1 / Section 82-15-113
82-15-113 Refilling of liquefied petroleum product containers -- unlawful acts
Status: in_force

82-15-113 . Refilling of liquefied petroleum product containers -- unlawful acts. Only the owner or a person authorized by the owner may:

(1) fill or refill a liquefied petroleum product container;

(2) deface, erase, obliterate, cover up, remove, conceal, or change the name or other identification of the owner or the information on the manufacturer's specification plate; or

(3) place the name of a person other than the owner on the liquefied petroleum product container.
Mont. Code Ann. § 82-11-204 — MT Code / Title 82 / Chapter 11 / Part 2 / Section 82-11-204
82-11-204 Hearing on operation of pool as unit
Status: in_force

82-11-204 . (Temporary) Hearing on operation of pool as unit. (1) The board, upon the application of persons owning leasehold interests underlying 60% of the surface within the delineated area, shall hold a hearing to consider the need for the operation as a unit of one or more pools or parts thereof in a field for enhanced recovery purposes as to oil or oil and gas, to increase ultimate recovery, or to prevent waste of gas from pools or portions of pools where gas only is produced.

(2) At least 60 days prior to application, the applicant shall, by registered or certified mail, notify all known persons owning an interest in the oil and gas within the proposed unit area as disclosed by the records of the county or counties in which the proposed unit area is situated, at those persons' last-known addresses, of the applicant's intention to make the application. At the same time producers shall be furnished with a plan of unit operations. Upon written request of an operator of a lease which is in whole or in part within the confines of the proposed delineated area, the applicant shall furnish the operator with copies of any exhibits to be submitted to the board at the time of hearing.
Mont. Code Ann. § 82-4-121 — MT Code / Title 82 / Chapter 4 / Part 1 / Section 82-4-121
82-4-121 Permit required
Status: in_force

82-4-121 . Permit required. No person may commence preparatory work until the operator shall have first obtained from the department a mine-site location permit for a new strip mine or a new underground mine or a permit under part 2 of this chapter, if the application for such permit includes an appropriate long-range mining plan acceptable to the department.
Mont. Code Ann. § 82-4-439 — MT Code / Title 82 / Chapter 4 / Part 4 / Section 82-4-439
82-4-439 Extended review -- criteria -- timeframes
Status: in_force

82-4-439 . Extended review -- criteria -- timeframes. (1) The department may subject an opencut application to an extended review if the department determines that comments received at a public meeting held pursuant to 82-4-432 reveal the proposed plan of operation violates provisions of this part.

(2) (a) For a complete application subject to an extended review, the department shall, within 60 days from the date the department determines the application warrants an extended review, inspect the proposed site if the department determines an inspection is necessary and notify the applicant as to whether or not the application is acceptable pursuant to 82-4-432 . If the application is unacceptable, the notice must include a detailed explanation of the deficiencies.

(b) Within 30 days of receipt of the applicant's response to the identified deficiencies, the department shall review the responses and notify the applicant as to whether or not the application is acceptable. If the application is unacceptable, the department shall notify the applicant in writing and include a detailed identification of the deficiencies.

(c) The department may for sufficient cause extend either or both of the review periods in subsection (2)(a) or (2)(b) for an additional 30 days if it notifies the applicant of the extension prior to the end of the respective original period. The department shall include in the notification of extension the reason for the extension.

(d) If the application is acceptable, the department shall issue a permit or a permit amendment to the operator that entitles the operator to engage in the opencut operation on the land described in the application.
Mont. Code Ann. § 82-4-426 — MT Code / Title 82 / Chapter 4 / Part 4 / Section 82-4-426
82-4-426 Reclamation of land on which bond forfeited
Status: in_force

82-4-426 . Reclamation of land on which bond forfeited. In keeping with the provisions of this part, the department or its agents or contractors may enter and reclaim any affected land with respect to which a bond has been forfeited.
Mont. Code Ann. § 82-4-437 — MT Code / Title 82 / Chapter 4 / Part 4 / Section 82-4-437
82-4-437 Annual report -- fees
Status: in_force

82-4-437 . Annual report -- fees. (1) For each opencut operation, the operator shall file an annual report on a form furnished by the department. The report must contain the information and be submitted at times provided in rules of the department.

(2) (a) Except as provided in subsection (2)(b), each opencut operation shall submit with the annual report a fee of 4.5 cents per cubic yard of materials for all operations mined during the period covered by the report.

(b) Opencut operations that mine, extract, or produce bentonite are not subject to the fee in subsection (2)(a).

(3) The department:

(a) shall require the operator to pay the following fees:

(i) $1,500 for each permit application submitted pursuant to 82-4-432 (1); and

(ii) for each amendment application submitted pursuant to 82-4-432 (11):

(A) $750 if the date of the amendment application is 10 years or less from the date of the permit approval; or

(B) $1,500 if the date of the amendment application is more than 10 years from the date of the permit approval; and

(b) shall adopt rules for applications or responses that are administrative. Fees, if any, for administrative actions identified under this subsection (3) may not exceed $250.

(4) Pursuant to the provisions of 82-4-441 , a person who mines materials without a permit in violation of this part shall submit a report and the fees required by subsections (2)(a) and (3)(a)(i) of this section.
Mont. Code Ann. § 82-4-434 — MT Code / Title 82 / Chapter 4 / Part 4 / Section 82-4-434
82-4-434 Plan of operation -- requirements
Status: in_force

82-4-434 . Plan of operation -- requirements. (1) The department shall accept a plan of operation if the department finds that the plan complies with the requirements of this part and the rules adopted pursuant to this part and that after the opencut operation is completed, the affected land will be reclaimed to a productive use. Once the plan of operation is accepted by the department, it becomes a part of the permit but is subject to annual review and amendment by the department. Any amendment by the department must comply with the provisions of 82-4-436 (2).

(2) A plan of operation must provide:

(a) that the affected land will be reclaimed for one or more specified uses, including but not limited to agriculture, forest, pasture, orchard, cropland, residence, recreation, industry, habitat for wildlife, including food, cover, or water, or other reasonable, practical, and achievable uses;

(b) that soil and other suitable overburden will be salvaged and replaced on affected land, when required by the postmining land use, after completion or termination of that particular phase of the opencut operation. The depth of soil and other suitable overburden to be placed on the reclaimed area must be specified in the plan.

(c) that grading will result in a postmining topography conducive to the designated postmining land use;

(d) that waste will be buried on site in a manner that protects water quality and is compatible with the postmining land use or will be disposed of off site in accordance with state laws and rules;

(e) that all access, haul, and other support roads will be located, constructed, and maintained in a manner that controls and minimizes erosion;

(f) that archaeological and historical values on affected lands will be given legally required protection;

(g) that except for those postmining land uses that do not require vegetation, each surface area of the mined premises that will be disturbed will be revegetated when its use for the opencut operation is no longer required;

(h) that seeding and planting will be done in a manner to achieve a permanent vegetative cover that is suitable for the postmining land use and that retards erosion;

(i) that reclamation will be as concurrent with the opencut operation as feasible and will be completed within a specified length of time;

(j) a declaration by the operator that the operator will comply with applicable federal, state, county, or local regulations, ordinances, and permits, licenses, and approvals for the operation;

(k) for the construction of berms between the opencut operation and residences located within 300 feet of the permit boundary; and

(l) procedures to prevent physical harm to water conveyance facilities or that allow the owner of a water conveyance facility to authorize in writing the relocation or disturbance of the water conveyance facility.

(3) If reclamation according to the plan of operation is not completed in the time specified, the department may:

(a) pursue an administrative order pursuant to 82-4-441 ;

(b) after 30 days' written notice, order the operator to cease mining and, if the operator does not cease, issue an order to reclaim, a notice of violation, or an order of abatement;

(c) institute an action to enjoin further operation; or

(d) on request of the operator:

(i) extend the timeframe for reclamation-only activities, including revegetation, up to 5 years by submitting the request on a form furnished by the department and provide an updated landowner consultation form and bond, as appropriate; or

(ii) change the postmine land use by submitting the request on a form furnished by the department and provide an updated landowner consultation form and bond, as appropriate.

(4) (a) At any time during the term of the permit, the operator may for good reason submit to the department a new plan of operation or amendments to the existing plan, including extensions of time for reclamation.

(b) The department may approve the proposed new plan of operation or amendments to the existing plan if:

(i) the new plan of operation or amendments comply with the requirements of this section; and

(ii) (A) the operator has in good faith conducted opencut operations according to the existing plan of operation; or

(B) it is highly improbable that reclamation will be successful unless the existing plan of operation is replaced or amended.

(5) The permit, plan of operation, and amendments accepted by the department are a public record and are open to inspection.
Mont. Code Ann. § 82-10-203 — MT Code / Title 82 / Chapter 10 / Part 2 / Section 82-10-203
82-10-203 Interference with normal use of land prohibited
Status: in_force

82-10-203 . Interference with normal use of land prohibited. In the event such real property is held or used for a specific purpose, any lease made under the provisions of this part shall contain such protective provisions as may be necessary to prevent any interference by the lessee with the normal use of such real property for such purpose by the county, city, town, school district, or incorporated political subdivision.
Mont. Code Ann. § 82-2-426 — MT Code / Title 82 / Chapter 2 / Part 4 / Section 82-2-426
82-2-426 Smelters -- penalty for violation
Status: in_force

82-2-426 . Smelters -- penalty for violation. Any person or corporation operating any sampling works or smelter within this state who shall violate any of the provisions of 82-2-423 and 82-2-424 shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not less than $50 or more than $100.
Mont. Code Ann. § 82-2-701 — MT Code / Title 82 / Chapter 2 / Part 7 / Section 82-2-701
82-2-701 Sand and gravel deposit program -- investigation -- purpose -- prioritization
Status: in_force

82-2-701 . Sand and gravel deposit program -- investigation -- purpose -- prioritization. (1) The Montana bureau of mines and geology shall establish a sand and gravel deposit program for the purpose of investigating sand and gravel deposits in areas of the state where conflicts between development and sand and gravel operations are high.

(2) In prioritizing areas for investigation, the bureau of mines and geology shall consider the largest counties, according to the most recent census data, and counties with the most opencut mining permits and subdivision applications, according to the department of environmental quality.

(3) The bureau of mines and geology may start an investigation when it has sufficient funds to conduct an investigation.

(4) Within 1 year of starting an investigation, the bureau of mines and geology shall present the results of the investigation in the form of maps and text and in accordance with 5-11-210 to:

(a) the counties included in the investigation;

(b) the local government interim committee; and

(c) the environmental quality council.
Mont. Code Ann. § 82-11-303 — MT Code / Title 82 / Chapter 11 / Part 3 / Section 82-11-303
82-11-303 Extension of expiration date
Status: in_force

82-11-303 . Extension of expiration date. The governor of Montana is further authorized and empowered, for and in the name of the state of Montana, to execute agreements for the further extension of the expiration date of the Interstate Compact To Conserve Oil and Gas and to determine if and when it is in the best interest of the state of Montana to withdraw from the compact upon 60 days' notice as provided by its terms. If the governor determines that the state should withdraw from the compact, the governor has full power and authority to give necessary notice and to take any and all steps necessary and proper to effect the withdrawal of the state of Montana from the compact.
Mont. Code Ann. § 82-4-113 — MT Code / Title 82 / Chapter 4 / Part 1 / Section 82-4-113
82-4-113 Receipts paid into general fund
Status: in_force

82-4-113 . Receipts paid into general fund. Except for bond forfeiture moneys, all fees, penalties, and other moneys available or paid to the department under the provisions of this part shall be placed in the state treasury and credited to the general fund.
Mont. Code Ann. § 82-10-305 — MT Code / Title 82 / Chapter 10 / Part 3 / Section 82-10-305
82-10-305 Proceedings
Status: in_force

82-10-305 . Proceedings. After obtaining a certificate from the board, a natural gas public utility desiring to exercise the right of eminent domain for the purpose of acquiring property for the underground storage of natural gas shall proceed as provided in this section. The natural gas public utility shall present to the district court of the county in which the land is situated a complaint setting forth the purpose for which the property is sought to be taken, a description of the property sought to be taken, and the names of the owners of the property as shown by the records of the county. The utility shall file the certificate of the board as a part of its complaint, and an order by the court granting the complaint may not be entered without the certificate being filed with the complaint. Subsequent proceedings must follow the procedure provided by Title 70, chapter 30.
Mont. Code Ann. § 82-2-421 — MT Code / Title 82 / Chapter 2 / Part 4 / Section 82-2-421
82-2-421 Time for payment for ores
Status: in_force

82-2-421 . Time for payment for ores. (1) A person, association, company, or corporation engaged within this state in purchasing ore, minerals, or metals from or in smelting, milling, or otherwise reducing or preparing the same for market for any other person or persons, association, company, or corporation shall, within 20 days after any ore, minerals, or metals have arrived at the person's or entity's smelter, mill, reduction works, yards, or other place for receiving ore, minerals, or metals, make full settlement with and payment of the amount due to the consignor or consignors unless restrained or prevented from making the settlement and payment by an order, writ, or process of a court of competent jurisdiction.

(2) The provisions of this section are not applicable to any ore, minerals, or metals received pursuant to an existing written contract at the time of shipment between the consignor or consignors and the person, association, company, or corporation receiving the same when the time for settlement and payment is provided for in the contract.
Mont. Code Ann. § 82-4-128 — MT Code / Title 82 / Chapter 4 / Part 1 / Section 82-4-128
82-4-128 Termination of permit
Status: in_force

82-4-128 . Termination of permit. A mine-site location permit granted by the department in accordance with the provisions of this part shall remain in full force and effect until the provisions of the permit are complied with and the bond is released, except that those areas of land covered by a mine-site location permit for which a strip-mining or an underground-mining permit is granted pursuant to the provisions of part 2 of this chapter shall be released from the terms and provisions of the mine-site location permit.
Mont. Code Ann. § 82-11-136 — MT Code / Title 82 / Chapter 11 / Part 1 / Section 82-11-136
82-11-136 Expenditure of funds from bonds for plugging wells
Status: in_force

82-11-136 . (Temporary) Expenditure of funds from bonds for plugging wells. The board may accept and expend all funds received by it from bonds for properly plugging dry or abandoned wells as authorized in 82-11-123 (5).
Mont. Code Ann. § 82-4-255 — MT Code / Title 82 / Chapter 4 / Part 2 / Section 82-4-255
82-4-255 Equal application of court costs
Status: in_force

82-4-255 . Equal application of court costs. (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) In awarding costs pursuant to this section, the court or administrative agency may not consider the identity of any party, including but not limited to a permittee, permit applicant, agency, public interest litigant, or other party to an action. The party requesting costs bears the burden of proof and persuasion.

(3) This section supersedes prior rulings pursuant to the private attorney general doctrine.

(4) The provisions of this section apply equally to all parties in an action pursuant to this part.
Mont. Code Ann. § 82-4-334 — MT Code / Title 82 / Chapter 4 / Part 3 / Section 82-4-334
82-4-334 Exception -- geological phenomena
Status: in_force

82-4-334 . Exception -- geological phenomena. Upon proper application by the holder of an exploration license, the department may excuse such holder from reclamation obligations with reference to any specified openings or excavations exposing geological indications or phenomena of especial interest, even though the licensee does not apply or have any intention to apply for an operating permit for the land in which such openings or excavations have been made.
Mont. Code Ann. § 82-4-228 — MT Code / Title 82 / Chapter 4 / Part 2 / Section 82-4-228
82-4-228 Designation of land unsuitable for coal mining
Status: in_force

82-4-228 . Designation of land unsuitable for coal mining. (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 supporting evidence which would tend to establish the allegations. Within 10 months after receipt of the petition, the department shall hold a public hearing in the locality of the affected area after giving appropriate notice and publication of the date, time, and location thereof. Before the hearing, any person may intervene by filing allegations of facts with supporting evidence which would tend to establish the allegations. Within 60 days after the hearing, the department shall issue and furnish to the petitioner and any other party to the hearing a written decision regarding the petition and the reasons therefor. The hearing need not be held if all petitioners reach agreement prior to the requested hearing and withdraw their request.

(2) If petitioned, the department shall review the area petitioned for pursuant to this section and:

(a) shall designate it as an area unsuitable for all or certain types of strip- or underground-coal-mining operations if it is determined that reclamation pursuant to the requirements of this part is not technologically and economically feasible; and

(b) may designate it as an area unsuitable for all or certain types of strip or underground coal mining if the proposed coal mining operations will:

(i) be incompatible with existing state or local land use plans or programs to the extent they affect mining in the area; or

(ii) affect fragile or historic lands in which these operations could result in significant damage to important historic, cultural, scientific, and esthetic values and natural systems; or

(iii) affect renewable resource lands in which these operations could result in a substantial loss or reduction of long-range productivity of water supply or of food or fiber products, these lands to include aquifers and aquifer recharge areas; or

(iv) affect natural hazard lands in which these operations could substantially endanger life and property, these lands to include areas subject to frequent flooding and areas of unstable geology.

(3) Prior to designating any land areas as unsuitable for strip- or underground-coal-mining operations, the department shall prepare a detailed statement on:

(a) the potential coal resources of the area;

(b) the demand for coal resources; and

(c) the impact of this designation on the environment, economy, and supply of coal.

(4) A designation does not prevent mineral exploration pursuant to this part of any area so designated.

(5) The requirements of this section do not apply to lands on which strip- or underground-coal-mining operations are being conducted pursuant to a permit issued under this part or where substantial legal and financial commitments in these operations were in existence prior to January 4, 1977.
Mont. Code Ann. § 82-2-109 — MT Code / Title 82 / Chapter 2 / Part 1 / Section 82-2-109
82-2-109 Amendment or relocation not waiver of acquired rights
Status: in_force

82-2-109 . Amendment or relocation not waiver of acquired rights. When a locator or claimant amends or relocates the locator's or claimant's own claim, the amendment or relocation may not be construed as a waiver of any right or title acquired by the locator or claimant by virtue of the previous location or record of that location, except as to portions of the previous location that may be omitted from the boundaries of the claim as amended or relocated. As to the portion of ground included both in the original location and the location as amended or relocated, the locator or claimant may rely either upon the original location or the location as amended or relocated or upon both. However, this section may not be construed as permitting the locator or claimant to hold a tract that does not include a valid discovery.
Mont. Code Ann. § 82-4-425 — MT Code / Title 82 / Chapter 4 / Part 4 / Section 82-4-425
82-4-425 Inspection of opencut operations
Status: in_force

82-4-425 . Inspection of opencut operations. The department or its representatives may enter upon lands subjected to opencut operations at all reasonable times for the purpose of inspection to determine whether the provisions of this part have been complied with. The department shall attempt to provide reasonable notice to a permitted operator when practicable under the circumstances.
Mont. Code Ann. § 82-10-303 — MT Code / Title 82 / Chapter 10 / Part 3 / Section 82-10-303
82-10-303 Use of eminent domain to acquire underground reservoirs
Status: in_force

82-10-303 . Use of eminent domain to acquire underground reservoirs. (1) A natural gas public utility may acquire, through the exercise of the right of eminent domain as provided in Title 70, chapter 30, and this part, an underground reservoir for its use for the underground storage of natural gas. The right of eminent domain may be exercised only if the board finds that the reservoir is suitable and its taking is in the public interest for the underground storage of natural gas. In connection with the underground reservoir, the utility may acquire other interests in property that may be required to adequately maintain and operate the underground reservoir facilities. The acquisition by the exercise of the right of eminent domain of underground reservoirs granted by this section is limited as follows:

(a) Sand, a formation, or a stratum that is producing, that has produced, or that is capable of producing oil is not subject to taking under this section.

(b) A gas-bearing sand, formation, or stratum is not subject to taking under this section unless the recoverable volumes of native gas in the interest sought to be taken have all been produced or unless the sand, formation, or stratum has a greater value or utility as an underground reservoir for the purpose of ensuring an adequate supply of natural gas for domestic, commercial, or industrial consumers of natural gas or for the conservation of natural gas than for the production of the remaining relatively small volumes of native gas as compared with the original volumes of natural gas in the sand, formation, or stratum. Gas, sand, formation, or stratum may not be acquired under this part when the gas in the underground reservoir is being used for the secondary recovery of oil unless gas in necessary and required amounts is furnished to the operator of the secondary recovery operations for as long as oil is produced in paying quantities in the secondary operations for the recovery of oil at the same cost as the cost to the operator at the time of acquisition of the gas being used in the secondary operations. However, the amount of gas furnished may not exceed the quantity of the appropriated gas that remained recoverable from the sand, formation, or stratum at the time of its taking if the operator was at that time entitled to all of the gas or if entitled to less than all of the gas, then an amount not to exceed the quantity of gas to which the operator was entitled.

(c) Only the area of the underground sand, formation, or stratum that may reasonably be expected to be penetrated by gas displaced or injected into the underground reservoir may be taken.

(d) Rights or interests in existing underground reservoirs being used for the injection, storage, or withdrawal of natural gas owned or operated by a natural gas public utility other than the natural gas public utility seeking to acquire the reservoir are not subject to appropriation.

(2) The exercise of the right of eminent domain granted by this section is without prejudice to the rights of the owner of the land or of other rights or interests in the land to drill or bore into or through the underground reservoir in a manner that complies with orders and rules of the board issued for the purpose of protecting the underground reservoir against pollution and against the escape of natural gas and is without prejudice to the rights of the owner of the land or other rights or interests in the land as to all other uses of the land. The additional cost of complying with those rules or orders in order to protect the reservoir must be paid by the natural gas public utility.
Mont. Code Ann. § 82-11-135 — MT Code / Title 82 / Chapter 11 / Part 1 / Section 82-11-135
82-11-135 Money earmarked for board expenses
Status: in_force

82-11-135 . Money earmarked for board expenses. The state treasurer shall deposit all money distributed to the board under 15-36-331 and collected under this chapter in the state special revenue fund. The money must first be used for the purpose of paying all expenses of the board as provided in 15-36-331 (2)(a) and then allocated as provided in 15-36-331 (2)(b) and (2)(c). The board shall use the money subject to biennial appropriations by the legislature. Income and interest from investment of the board's money in the state special revenue fund must be credited to the board.
Mont. Code Ann. § 82-4-331 — MT Code / Title 82 / Chapter 4 / Part 3 / Section 82-4-331
82-4-331 Exploration license required -- employees included -- limitation
Status: in_force

82-4-331 . Exploration license required -- employees included -- limitation. (1) (a) A person may not engage in exploration in the state without first obtaining an exploration license from the department. A license must be issued for a period of 1 year from the date of issue and is renewable from year to year on application. An application for renewal must be filed within 30 days preceding the expiration of the current license and be accompanied by payment of the fee specified in 82-4-342 (2)(c), if applicable, and the following renewal fee:

(i) for an exploration license approved for activities beneath the surface of the land, $400; or

(ii) for an exploration license approved for activities only on the surface of the land, $100.

(b) A license may not be renewed if the applicant for renewal is in violation of any provision of this part. A license is subject to suspension and revocation as provided by this part.

(2) Employees of persons holding a valid license under this part are included in and covered by the license.

(3) A person may not be issued an exploration license if:

(a) that person's failure, or the failure of any firm or business association of which that person was a principal or controlling member, to comply with the provisions of this part, the rules adopted under this part, or a permit or license issued under this part has resulted in either the receipt of bond proceeds by the department or the completion of reclamation by the person's surety or by the department, unless that person meets the conditions described in 82-4-360 ;

(b) that person has not paid a penalty for which the department has obtained a judgment pursuant to 82-4-361 ;

(c) that person has failed to post a reclamation bond required by 82-4-305 ; or

(d) that person has failed to comply with an abatement order issued pursuant to 82-4-362 , unless the department has completed the abatement and the person has reimbursed the department for the cost of the abatement.
Mont. Code Ann. § 82-15-202 — MT Code / Title 82 / Chapter 15 / Part 2 / Section 82-15-202
82-15-202 Purpose
Status: in_force

82-15-202 . Purpose. This part is intended to compel a person, firm, company, association, or corporation doing business in the state of Montana and engaged in the selling of and dealing in standard petroleum products to treat a customer in one part of the state of Montana on an equal basis with a customer in another part of the state or in the nearest adjoining state and to promote the uniform application of the law of the state of Montana providing a tax on gasoline used by a motor vehicle when traveling over a public highway. This part shall be liberally construed to accomplish those purposes.
Mont. Code Ann. § 82-4-233 — MT Code / Title 82 / Chapter 4 / Part 2 / Section 82-4-233
82-4-233 Planting of vegetation following grading of disturbed area
Status: in_force

82-4-233 . Planting of vegetation following grading of disturbed area. (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 reclamation plan and that is:

(a) diverse, effective, and permanent;

(b) composed of species native to the area or of introduced species when desirable and necessary to achieve the postmining land use and when approved by the department;

(c) at least equal in extent of cover to the natural vegetation of the area; and

(d) capable of stabilizing the soil surface in order to control erosion to the extent appropriate for the approved postmining land use.

(2) The reestablished plant species must:

(a) be compatible with the approved postmining land use;

(b) have the same seasonal growth characteristics as the original vegetation;

(c) be capable of self-regeneration and plant succession;

(d) be compatible with the plant and animal species of the area; and

(e) meet the requirements of applicable seed, poisonous and noxious plant, and introduced species laws or regulations.

(3) Reestablished vegetation must be appropriate to the postmining land use so that when the postmining land use is:

(a) cropland, the requirements of subsections (1)(a), (1)(c), (2)(b), and (2)(c) are not applicable;

(b) pastureland or grazing land, reestablished vegetation must have use for grazing by domestic livestock at least comparable to premining conditions or enhanced when practicable;

(c) fish and wildlife habitat, forestry, or recreation, trees and shrubs must be planted to achieve appropriate stocking rates.

(4) All underground shafts, tunnels, or other excavations are excluded from the provisions of subsection (1).
Mont. Code Ann. § 82-15-204 — MT Code / Title 82 / Chapter 15 / Part 2 / Section 82-15-204
82-15-204 Investigation of complaints -- revocation of license
Status: in_force

82-15-204 . Investigation of complaints -- revocation of license. If a complaint is made to the attorney general that a person, firm, company, association, or corporation is guilty of discrimination as defined by this part, the attorney general shall investigate the complaint in a timely manner, and for that purpose the attorney general shall subpoena witnesses, administer oaths, take testimony, and require the production of books or other documents, and if, in the attorney general's opinion, sufficient grounds exist, the attorney general shall prosecute an action in the name of the state in the proper court to annul the charter or revoke the permit or license of the person, firm, company, association, or corporation, as the case may be, and to permanently enjoin the person, firm, company, association, or corporation from doing business in this state. If in the action the court finds that the person, firm, company, association, or corporation is guilty of discrimination as defined by this part, the court shall annul the charter or revoke the permit or license of the person, firm, company, association, or corporation and may permanently enjoin it or them from transacting business in this state.
Mont. Code Ann. § 82-4-422 — MT Code / Title 82 / Chapter 4 / Part 4 / Section 82-4-422
82-4-422 Powers, duties, and functions
Status: in_force

82-4-422 . Powers, duties, and functions. (1) The department has the powers, duties, and functions to:

(a) issue permits when, on the basis of the information set forth in the application and an evaluation of the proposed opencut operations, the department finds that the requirements of this part and rules adopted to implement this part will be observed;

(b) amend permits in accordance with the provisions of 82-4-436 ;

(c) reclaim any affected land with respect to which a bond has been forfeited;

(d) make investigations or inspections that are considered necessary to ensure compliance with any provision of this part; and

(e) enforce and administer the provisions of this part and issue orders necessary to implement the provisions of this part.

(2) The department shall:

(a) adopt rules that pertain to opencut operations in order to accomplish the purposes of this part;

(b) adopt rules:

(i) establishing uniform procedures for filing of necessary records;

(ii) providing procedures for the issuance of permits and filing of annual reports; and

(iii) providing other administrative requirements necessary to implement this part.

(3) The board shall conduct hearings and, for the purposes of conducting those hearings, administer oaths and affirmations, subpoena witnesses, compel attendance of witnesses, hear evidence, and require the production of any books, papers, correspondence, memoranda, agreements, documents, or other records relevant or material to the inquiry.
Mont. Code Ann. § 82-4-355 — MT Code / Title 82 / Chapter 4 / Part 3 / Section 82-4-355
82-4-355 Action for damages to water supply -- replacement
Status: in_force

82-4-355 . Action for damages to water supply -- replacement. (1) An owner of an interest in real property who obtains all or part of the owner's supply of water for beneficial uses, as defined in 85-2-102 , from an underground source other than a subterranean stream having a permanent, distinct, and known channel may sue the operator engaged in an operation for which a license is required pursuant to 82-4-332 or for which a permit is required pursuant to 82-4-335 to recover damages for loss in quality or quantity of the water supply resulting from mining or exploration. The owner is required to exhaust the administrative remedy under subsection (2) prior to filing suit.

(2) (a) An owner described in subsection (1) may file a complaint with the department detailing the loss in quality or quantity of water. Upon receipt of a valid complaint, the department:

(i) shall investigate the statements and charges in the complaint using all available information, including monitoring data gathered at the exploration or mine site;

(ii) may require the operator, if necessary, to install monitoring wells or other practices that may be needed to determine the cause of water loss, if there is a loss, in terms of quantity and quality;

(iii) shall issue a written finding specifying the cause of the water loss, if there is a loss, in terms of quantity and quality;

(iv) shall, if it determines that the preponderance of evidence indicates that the loss is caused by an exploration or mining operation, order the operator, in compliance with Title 85, chapter 2, to provide the needed water immediately on a temporary basis and within a reasonable time replace the water in like quality, quantity, and duration. If the water is not replaced, the department shall order the suspension of the operator's exploration or operating permit until the operator provides substitute water, except that nothing in this section preempts the application of Title 85, chapter 2. The operator may not be required to replace a junior right if the operator's withdrawal or dewatering is not in excess of the operator's senior right.

(b) If the department determines that there is a great potential that surface or subsurface water quality and quantity may be adversely affected by a mining or exploration operation, the operator shall install a water quality monitoring program or a water quantity monitoring program, or both, which must be approved by the department prior to the commencement of exploration or mining.
Mont. Code Ann. § 82-2-302 — MT Code / Title 82 / Chapter 2 / Part 3 / Section 82-2-302
82-2-302 Ascertaining ownership of land
Status: in_force

82-2-302 . Ascertaining ownership of land. All prospectors for minerals, miners, or other persons contemplating surface disturbance by mechanical equipment other than hand tools on lands within the state of Montana are required to ascertain the ownership and possessory right of any land before performing any such operations causing surface disturbance such as road or trail building or any other work disturbing the surface on such land.
Mont. Code Ann. § 82-10-204 — MT Code / Title 82 / Chapter 10 / Part 2 / Section 82-10-204
82-10-204 Lease of acquired oil and gas interests
Status: reserved

82-10-204 . Lease of acquired oil and gas interests. When in any deed or contract for sale a county has reserved or excepted an interest in oil and gas in and under any land acquired by tax deed, the board of county commissioners may lease such interest for oil and gas development purposes upon the same terms and conditions as are provided for the leasing of lands which have been acquired by tax deed, offered for sale and not sold or may ratify, confirm, and adopt any then-existing mineral or oil and gas lease insofar as it describes such land. All such leases, ratifications, confirmations, and adoptions heretofore executed by the board of county commissioners are declared to be valid and are ratified, approved, and confirmed.
Mont. Code Ann. § 82-4-307 — MT Code / Title 82 / Chapter 4 / Part 3 / Section 82-4-307
82-4-307 Review of existing files
Status: in_force

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 .
Mont. Code Ann. § 82-4-205 — MT Code / Title 82 / Chapter 4 / Part 2 / Section 82-4-205
82-4-205 Administration by department and board
Status: in_force

82-4-205 . Administration by department and board. (1) The department shall adopt, after an opportunity for a hearing, general rules pertaining to strip mining and to underground mining to accomplish the purposes of this part. The department may adopt rules with respect to filing of reports, issuance of permits, monitoring, and other matters of procedure and administration.

(2) The department:

(a) shall exercise general supervision, administration, and enforcement of this part and all rules and orders adopted under this part;

(b) shall review for approval or disapproval all plans and specifications submitted by an operator for the method of operation, subsidence stabilization, water control, backfilling, grading, highwall reduction, and topsoiling and for the reclamation of the area of land affected by the operator's operation;

(c) shall issue orders requiring an operator to adopt the remedial measures necessary to comply with this part and rules adopted under this part;

(d) shall order the suspension of any permit for failure to comply with this part or a rule adopted under this part;

(e) shall issue an order revoking a permit when the requirements set forth by a notice of violation, order of suspension, or order requiring remedial measures have not been complied with according to the terms in the notice or order;

(f) shall order the halting of any operation that is started without first having obtained a permit as required by this part or order the cessation of operations not in compliance with this part in accordance with 82-4-251 ;

(g) shall conduct public hearings required under this part or rules adopted pursuant to this part;

(h) shall conduct investigations and inspections necessary to ensure compliance with this part; and

(i) may encourage and conduct investigations, research, experiments, and demonstrations and collect and disseminate information relating to strip mining and to underground mining and reclamation of lands and waters affected by strip mining and underground mining.

(3) The board shall conduct contested case hearings under this part.
Mont. Code Ann. § 82-2-221 — MT Code / Title 82 / Chapter 2 / Part 2 / Section 82-2-221
82-2-221 Eminent domain for open-pit mining -- purchase of property required
Status: in_force

82-2-221 . Eminent domain for open-pit mining -- purchase of property required. (1) (a) Subject to subsection (1)(b), when the right of eminent domain is exercised pursuant to Title 70, chapter 30, to acquire estates and rights in land for the purpose of open-pit mining of the ores, metals, or minerals owned by the condemnor, the decree must be granted on the condition that the condemnor protects the public in the immediate area by agreeing to purchase all property within 300 yards of the surface tract condemned, including vacant lots.

(b) In order to fall within the protection provided by subsection (1)(a), the owner of land within 300 yards of the surface tract condemned shall serve upon the condemnor and file with the court a written offer stating the amount asked for the property within 30 days from the entry of the court order appointing commissioners in the eminent domain proceeding.

(2) If the condemnor and an owner are unable to agree upon the compensation to be paid for the property, the court, upon petition of either party, may proceed to determine the compensation to be paid for property in the manner prescribed in Title 70, chapters 30 and 31, for ascertaining the value of property taken through the exercise of the right of eminent domain.
Mont. Code Ann. § 82-4-349 — MT Code / Title 82 / Chapter 4 / Part 3 / Section 82-4-349
82-4-349 Limitations of actions -- venue
Status: in_force

82-4-349 . Limitations of actions -- venue. (1) Legal actions seeking review of a department decision granting or denying an exploration license or operating permit issued under this part must be filed within 90 days after the decision is made. Summons must be issued and process served on all defendants within 60 days after the action is filed.

(2) An action to challenge the issuance of a license or permit pursuant to this part must be brought in the county in which the exploration or permitted activity is proposed to occur. If an activity is proposed to occur in more than one county, the action may be brought in any of the counties in which the exploration or activity is proposed to occur.

(3) A judicial challenge to an exploration license or operating permit issued pursuant to this part by a party other than the license or permitholder or applicant must include the party to whom the license or permit was issued unless otherwise agreed to by the license or permitholder or applicant. All judicial challenges of licenses or permits for projects with a project cost, as determined by the court, of more than $1 million must have precedence over any civil cause of a different nature pending in that court. If the court determines that the challenge was without merit or was for an improper purpose, such as to harass, to cause unnecessary delay, or to impose needless or increased cost in litigation, the court may award attorney fees and costs incurred in defending the action.
Mont. Code Ann. § 82-15-203 — MT Code / Title 82 / Chapter 15 / Part 2 / Section 82-15-203
82-15-203 Discrimination in price of petroleum products
Status: in_force

82-15-203 . Discrimination in price of petroleum products. (1) Any person, firm, company, association, or corporation, either domestic or foreign, doing business in the state of Montana and engaged in the selling of any standard petroleum product that shall demand or collect from any person or customer a higher price for any standard petroleum product in one part of the state of Montana than the price being demanded or collected at substantially the same time by such person, firm, company, association, or corporation from other persons or customers in another part of the state of Montana or in the nearest adjoining state for a like article of standard petroleum product shall be guilty of discrimination which is hereby declared to be a fraud and the agents or officers of such person, firm, company, association, or corporation participating, guilty of a misdemeanor.

(2) In the trial of an action under the provisions of this part, in the determination of the justification of the price demanded or collected by a person, firm, company, association, or corporation charged with a violation of the provisions of this part, transportation, quantity of sales, emergencies, cost of doing business, or similar differences under the respective conditions may be offered as a matter of defense or justification for the differences in price demanded or collected. When competent evidence is offered in the trial of any action under this part of a demand for or the receipt of a higher price for any standard petroleum product in the state of Montana by any person, firm, company, association, or corporation than such person, firm, company, association, or corporation demanded, collected, or received at substantially the same time for the same or a similar article of standard petroleum product in another part of the state of Montana or in the nearest adjoining state, the burden of proof shall then be upon such person, firm, company, association, or corporation or agents or officers on trial to prove that the difference in the price demanded or collected was justified.
Mont. Code Ann. § 82-4-356 — MT Code / Title 82 / Chapter 4 / Part 3 / Section 82-4-356
82-4-356 Action in response to complaints related to use of explosives
Status: in_force

82-4-356 . Action in response to complaints related to use of explosives. (1) An owner of an interest in real property or an individual who resides within an area subject to property damage or safety hazards related to the use of explosives by any person subject to the provisions of this part may file a complaint with the department, describing the alleged property damage or safety hazards. The complainant shall provide credible evidence to the department to substantiate allegations of property damage or safety hazards.

(2) Upon receipt of a complaint, the department:

(a) shall investigate the statements and charges in the complaint, using all available information, including mine or exploration blasting records and other data obtained through an examination of the dwelling, structure, or site identified in the complaint;

(b) may conduct tests and make measurements, including reasonable efforts to replicate conditions that may have caused property damage or safety hazards, and may require the allegedly responsible person to cooperate as necessary to investigate the complaint;

(c) shall issue a written finding specifying the cause of any property damage or safety hazards that are validated by the investigation; and

(d) shall, if it determines that the preponderance of evidence indicates that property damage or safety hazards are or were caused by exploration or mining activities, order the responsible person to make changes in the use of explosives or other appropriate mitigation to alleviate property damage or safety hazards.
Mont. Code Ann. § 82-11-138 — MT Code / Title 82 / Chapter 11 / Part 1 / Section 82-11-138
82-11-138 Rulemaking -- microbial conversion wells
Status: in_force

82-11-138 . Rulemaking -- microbial conversion wells. The board may adopt rules necessary to regulate well injections to restore or enhance the microbial conversion of hydrocarbon substrates to methane gas as class II injection wells.
Mont. Code Ann. § 82-2-403 — MT Code / Title 82 / Chapter 2 / Part 4 / Section 82-2-403
82-2-403 Penalty for commingling foreign substances with ore
Status: in_force

82-2-403 . Penalty for commingling foreign substances with ore. Any person or persons, corporation, association, or partnership which shall, with intent to defraud, in any manner whatever, introduce any foreign substance into any ore or commingle any foreign substance with any ore intended for sale in any smelter or which any person, association, or corporation shall have undertaken for hire to smelt or into any sample retained for tests or assays, as provided in 82-2-402 , shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $100 or more than $1,000 or by imprisonment in the county jail for a period of not less than 60 days or more than 12 months or by both such fine and imprisonment.
Mont. Code Ann. § 82-1-201 — MT Code / Title 82 / Chapter 1 / Part 2 / Section 82-1-201
82-1-201 Release of record upon forfeiture, cancellation, or expiration of lease -- penalty
Status: in_force

82-1-201 . Release of record upon forfeiture, cancellation, or expiration of lease -- penalty. (1) When an executed and recorded oil, gas, or other mineral lease is forfeited, canceled, or expires, it is the duty of the lessee, the lessee's successor, or assigns, within 60 days from the date of the forfeiture, cancellation, or expiration of the lease, to have the lease or abstract of the lease released from record in the county where the leased land is situated without cost to the lessor.

(2) A lessee may request the recordation of an assignment or release of more than one lease in a single instrument, and an instrument involving more than one lease made under this subsection must be treated for public recording purposes as a single request from the lessee.

(3) A lessee who fails to comply with subsection (1) within 30 days of written notice from the lessor is guilty of a misdemeanor punishable by a fine of up to $250.