reglab/housing_qa huggingface dataset:
MT Code § 82-4-436 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 4. Opencut Mining Reclamation|82-4-436. Plan amendments by department

  82-4-436. Plan amendments by department. (1) Unless an amendment to a plan of operation or permit is proposed by the operator, the department may amend only the terms of a plan or permit in compliance with this section.   (2) If the department believes, based on credible evidence, that a continued opencut operation under the terms of an existing plan of operation or permit would violate a substantive numerical or narrative state standard or regulation or otherwise violate a purpose of this part, it may propose to the operator an amendment to the plan or permit.   (3) The department shall notify the operator of the proposed amendment in writing. The notice must include:   (a) an identification of the existing plan or permit;   (b) the justification for the amendment, including all test results or other credible evidence that the department relied on in proposing the amendment; and   (c) the text, maps, drawings, and other appropriate information that constitute the proposed amendment.   (4) The operator may, within 15 days of receipt of the department's amendment notice, request a review of the amendment by the department director. The amendment is not effective or enforceable until 15 days following the issuance of the department's amendment notice or, if a review by the director is requested, until 15 days after the director affirms or modifies the amendment. A decision by the department director is subject to the contested case provisions in 82-4-427.   (5) If the operator requests a hearing on the proposed amendment, the amendment is not effective and enforceable until completion of the contested case process.   History: En. Sec. 5, Ch. 325, L. 2001; amd. Sec. 35, Ch. 361, L. 2003; amd. Sec. 18, Ch. 337, L. 2005; amd. Sec. 14, Ch. 385, L. 2007.
MT Code § 82-4-437 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 4. Opencut Mining Reclamation|82-4-437. Annual report -- fees

  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.   History: En. Sec. 1, Ch. 385, L. 2007; amd. Sec. 9, Ch. 477, L. 2009; amd. Sec. 8, Ch. 198, L. 2013; amd. Sec. 12, Ch. 334, L. 2019; amd. Sec. 107, Ch. 324, L. 2021.
MT Code § 82-4-438 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 4. Opencut Mining Reclamation|82-4-438. Opencut fund -- use of fund

  82-4-438. Opencut fund -- use of fund. (1) There is an account in the state special revenue fund established by 17-2-102 to be known as the opencut fund.   (2) There must be deposited in the account money received from the fees established in 82-4-437.   (3) Money in the fund must be spent for the purposes of administering and enforcing this part.   History: En. Sec. 1, Ch. 477, L. 2009; amd. Sec. 13, Ch. 334, L. 2019.
MT Code § 82-4-439 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 4. Opencut Mining Reclamation|82-4-439. Extended review -- criteria -- timeframes

  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.   History: En. Sec. 8, Ch. 477, L. 2009; amd. Sec. 6, Ch. 545, L. 2021.
MT Code § 82-4-440 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 4. Opencut Mining Reclamation|82-4-440. Repealed

  82-4-440. Repealed. Sec. 7, Ch. 545, L. 2021.  History: En. Sec. 14, Ch. 334, L. 2019.
MT Code § 82-4-443 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 4. Opencut Mining Reclamation|82-4-443. and 82-4-444 reserved

  82-4-443 and 82-4-444 reserved.
MT Code § 82-4-1001 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 10. Penalties, Fees, and Interest|82-4-1001. Penalty factors

  82-4-1001. Penalty factors. (1) In determining the amount of an administrative or civil penalty assessed under the statutes listed in subsection (4), the department of environmental quality or the district court, as appropriate, shall take into account the following factors:  (a) the nature, extent, and gravity of the violation;   (b) the circumstances of the violation;   (c) the violator's prior history of any violation, which:   (i) must be a violation of a requirement under the authority of the same chapter and part as the violation for which the penalty is being assessed;   (ii) must be documented in an administrative order or a judicial order or judgment issued within 3 years prior to the date of the occurrence of the violation for which the penalty is being assessed; and   (iii) may not, at the time that the penalty is being assessed, be undergoing or subject to administrative appeal or judicial review;   (d) the economic benefit or savings resulting from the violator's action;   (e) the violator's good faith and cooperation;   (f) the amounts voluntarily expended by the violator, beyond what is required by law or order, to address or mitigate the violation or impacts of the violation; and   (g) other matters that justice may require.   (2) Except for penalties assessed under 82-4-254, after the amount of a penalty is determined under (1), the department of environmental quality or the district court, as appropriate, may consider the violator's financial ability to pay the penalty and may institute a payment schedule or suspend all or a portion of the penalty.   (3) Except for penalties assessed under 82-4-254, the department of environmental quality may accept a supplemental environmental project as mitigation for a portion of the penalty. For purposes of this section, a "supplemental environmental project" is an environmentally beneficial project that a violator agrees to undertake in settlement of an enforcement action but which the violator is not otherwise legally required to perform.   (4) This section applies to penalties assessed by the department of environmental quality or the district court under 82-4-141, 82-4-254, 82-4-361, and 82-4-441.   (5) The department of environmental quality may adopt rules to implement this section.   History: En. Sec. 3, Ch. 487, L. 2005; amd. Sec. 109, Ch. 324, L. 2021.
MT Code § 82-4-1002 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 10. Penalties, Fees, and Interest|82-4-1002. Collection of penalties, fees, late fees, and interest

  82-4-1002. Collection of penalties, fees, late fees, and interest. (1) If the department of environmental quality is unable to collect penalties, fees, late fees, or interest assessed pursuant to the provisions of this chapter, the department of environmental quality may assign the debt to a collection service or transfer the debt to the department of revenue pursuant to Title 17, chapter 4, part 1.   (2) (a) The reasonable collection costs of a collection service, if approved by the department of environmental quality, or assistance costs charged the department of environmental quality by the department of revenue pursuant to 17-4-103(3) may be added to the debt for which collection is being sought.   (b) (i) All money collected by the department of revenue is subject to the provisions of 17-4-106.   (ii) All money collected by a collection service must be paid to the department of environmental quality and deposited in the general fund or the accounts specified in statute for the assessed penalties, fees, late fees, or interest, except that the collection service may retain those collection costs or, if the total debt is not collected, that portion of collection costs that are approved by the department.   History: En. Sec. 4, Ch. 487, L. 2005.
MT Code § 82-4-1003 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 10. Penalties, Fees, and Interest|82-4-1003. through 82-4-1005 reserved

  82-4-1003 through 82-4-1005 reserved.
MT Code § 82-4-1006 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 10. Penalties, Fees, and Interest|82-4-1006. Abandoned mine reclamation account

  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.   History: En. Sec. 1, Ch. 357, L. 2007.
MT Code § 82-10-101 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 10. Oil and Gas -- General Provisions|Part 1. Royalty Interests|82-10-101. Action for accounting for royalty

  82-10-101. Action for accounting for royalty. (1) Whenever an owner of a royalty interest in or attaching to lands producing natural gas, oil, or other minerals or in or to the natural gas, oil, or other mineral production from said lands, whether said royalty is payable in kind out of the product of the lands or out of the money proceeds from the sale of the product of said lands, shall make a written demand upon the person or persons obligated to deliver or pay such royalty for an accounting of the natural gas, oil, or other minerals produced from said lands and makes written demand for delivery or payment of such owner's royalty as may then be due and the person or persons obligated for the delivery or payment of said royalty fail to make the accounting demanded and the payment or delivery of the royalty due within a period of 60 days following the date upon which said demand is made, then the owner of said royalty may file an action in the district court of the county wherein said lands are located to compel the accounting demanded and to recover the payment or delivery of the royalty due against the person or persons obligated as aforesaid.   (2) In said action the successful party or parties recovering judgment against the person or persons obligated shall, in addition to relief by way of accounting and recovery of the royalty due as hereinabove provided, also recover judgment for a sum of money by way of reasonable attorney fees to be allowed by the court together with the costs allowed to successful parties by law in actions generally in said court.   (3) Whenever the same person or persons is or are obligated for delivery or payment of said royalty to separate owners of royalty in or to a tract of land or any portion of said land or the product of the whole or any part of said land, then any number of said owners of royalty may join their separate causes of action as parties plaintiff in the action herein provided for, and in their complaint filed in said action, each cause of action of each of the several plaintiffs shall be set forth separately in said complaint, and the judgment given, made, and rendered upon said complaint shall adjudge the relief to one or more of the plaintiffs and deny relief to any one or more of said plaintiffs accordingly as the evidence may establish.   (4) If the defendant or defendants prevail in said action against any one or more of said plaintiffs, the court shall adjudge and allow to such defendant or defendants and against the unsuccessful plaintiff or plaintiffs recovery of a sum of money as reasonable attorney fees to be allowed by the court and adjudge and allow costs to said defendant to be recovered from the said unsuccessful plaintiff or plaintiffs in said action, as provided for by law in actions generally in said court.   History: En. Sec. 1, Ch. 78, L. 1943; R.C.M. 1947, 60-501.
MT Code § 82-10-102 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 10. Oil and Gas -- General Provisions|Part 1. Royalty Interests|82-10-102. Remedy not exclusive

  82-10-102. Remedy not exclusive. The remedy provided for in 82-10-101 is in the nature of a special remedy additional to and not a substitute for other remedies given by law to owners of royalties in lands of the character specified, and all acts or parts of acts in conflict with the provisions of 82-10-101 shall not apply in actions authorized and provided for by that section.   History: En. Sec. 2, Ch. 78, L. 1943; R.C.M. 1947, 60-502; amd. Sec. 2, Ch. 500, L. 1983; amd. Sec. 3, Ch. 582, L. 1983.
MT Code § 82-10-103 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 10. Oil and Gas -- General Provisions|Part 1. Royalty Interests|82-10-103. Obligation to pay royalties as essence of contract -- interest

  82-10-103. Obligation to pay royalties as essence of contract -- interest. (1) The obligation arising under an oil and gas lease to pay oil or gas royalties to the royalty owner or the owner's assignee, to deliver oil or gas to a purchaser to the credit of the royalty owner or the owner's assignee, or to pay a portion of the proceeds of the sale of the oil or gas to the royalty owner or the owner's assignee is of the essence in the lease contract.   (2) If the operator under an oil and gas lease fails to pay oil or gas royalties to the royalty owner or the owner's assignee within 120 days after the initial oil or gas produced under the lease is marketed and within 60 days for all oil and 90 days for all gas produced and marketed, the unpaid royalties must bear interest at the maximum rate of interest authorized under 31-1-107 from the date due until paid. The operator may remit semiannually to a person entitled to royalties the aggregate of 6 months' royalties whenever the aggregate amount is less than $50 and annually whenever the aggregate amount is less than $10.   (3) A royalty owner seeking a remedy for failure to make payments under the lease or seeking payments under this section shall bring the action in the district court for the county in which the oil or gas well is located, and that court has jurisdiction over any actions brought under this section. The prevailing party in any proceeding brought under this section is entitled to recover court costs and reasonable attorney fees.   (4) This section does not apply if a royalty owner or the owner's assignee has elected to take the owner's or assignee's proportionate share of production in kind or whenever there is a dispute as to the title of the minerals or entitlement to royalties, the outcome of which would affect distribution of royalty payments.   History: En. Sec. 1, Ch. 500, L. 1983; amd. Sec. 1, Ch. 118, L. 1985; amd. Sec. 2735, Ch. 56, L. 2009.
MT Code § 82-10-104 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 10. Oil and Gas -- General Provisions|Part 1. Royalty Interests|82-10-104. Payment of royalties -- form of record required

  82-10-104. Payment of royalties -- form of record required. (1) An oil and gas producer paying royalties by check, draft, or order shall include with every payment a form showing the following matters relating to that payment:   (a) the name of the royalty owner to whom the payment is made;   (b) the date of the check, draft, or order;   (c) any royalty owner identification number used by the producer for the royalty owner;   (d) the time period during which production occurred for which payment is being made;   (e) any number used to identify the lease under which production occurred;   (f) the type of product produced;   (g) barrels of oil and cubic feet of gas for which payment is made;   (h) the amount and type of all taxes withheld;   (i) the net value of production;   (j) the royalty owner's net value; and   (k) contact information for obtaining additional information regarding the payment and answers to questions.   (2) In addition to the information required in subsection (1), an oil and gas producer paying royalties to a royalty owner shall, at the time of payment, specify by line item every charge assessed against the royalty owner.   (3) Any person purposely and knowingly violating the provisions of subsection (1) or (2) is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $1,000.   History: En. Sec. 1, Ch. 582, L. 1983; amd. Sec. 1, Ch. 19, L. 2005.
MT Code § 82-10-105 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 10. Oil and Gas -- General Provisions|Part 1. Royalty Interests|82-10-105. through 82-10-109 reserved

  82-10-105 through 82-10-109 reserved.
MT Code § 82-10-110 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 10. Oil and Gas -- General Provisions|Part 1. Royalty Interests|82-10-110. Division order -- definition -- effect

  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.   History: En. Sec. 1, Ch. 607, L. 1993.
MT Code § 82-10-201 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 10. Oil and Gas -- General Provisions|Part 2. Lease of Local Government Land|82-10-201. Authorization for lease and terms -- land not subject to leasing

  82-10-201. Authorization for lease and terms -- land not subject to leasing. The governing body of any county, city, town, school district, or incorporated political subdivision within the state of Montana may, if in the best interests of the county, city, town, school district, or incorporated political subdivision, lease any real property owned by the county, city, town, school district, or incorporated political subdivision for oil and gas development purposes. Such leases shall be made upon the best terms obtainable, shall provide for such terms, except as hereinafter provided, as the governing body shall consider to be for the best interests of the county, city, town, school district, or incorporated political subdivision, shall reserve a royalty of not less than 12 1/2% which shall include any royalty payable to any person other than the lessor, and shall be for a period not exceeding 10 years and so long thereafter as oil, gas, or other hydrocarbons shall be produced from the premises embraced in the lease. However, nothing contained herein shall authorize the leasing of lands acquired by a county by tax deed except under the provisions of Title 7, chapter 8, part 25.   History: En. Sec. 1, Ch. 131, L. 1953; R.C.M. 1947, 60-701; amd. Sec. 6, Ch. 201, L. 1979.