reglab/housing_qa huggingface dataset:
MT Code § 82-4-302 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-302. Purpose

  82-4-302. Purpose. (1) The purposes of this part are to:   (a) fulfill the responsibilities and exercise the powers delegated by Article IX, section 1(3) and 2(1) of the Montana constitution;   (b) allow mining as an activity beneficial to the economy of Montana;   (c) allow the production of minerals to meet the needs of society and the economic demands of the marketplace;   (d) provide for reclamation that mitigates postreclamation visual contrasts between reclamation lands and adjacent lands;   (e) provide for reclamation that affords some utility to humans or the environment;   (f) prevent foreclosure of future access to mineral resources not fully developed by current mining operations;   (g) mitigate or prevent undesirable offsite environmental impacts; and   (h) provide authority for cooperation between private and governmental entities in carrying this part into effect.   (2) Although both the need for and the practicability of reclamation will control the type and degree of reclamation in any specific instance, the basic objective will be to establish, on a continuing basis, the vegetative cover, soil stability, water condition, and safety condition appropriate to any proposed subsequent use of the area.   History: En. Sec. 2, Ch. 252, L. 1971; R.C.M. 1947, 50-1202; amd. Sec. 1, Ch. 7, Sp. L. May 2000.
MT Code § 82-4-304 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-304. Exemption -- works performed prior to promulgation of rules

  82-4-304. Exemption -- works performed prior to promulgation of rules. This part is not applicable to any exploration or mining work performed prior to the date of promulgation of the initial rules pursuant to 82-4-321 relating to exploration and mining. This part is not applicable to the reprocessing of tailings or waste rock that occurred prior to the date of promulgation of the initial rules regarding those activities. If, after the date of promulgation of initial rules applicable to mills not located at a mine site, work is performed at a mill that does not use cyanide ore-processing reagent and that was constructed and operated before promulgation of those rules, this part applies only to the areas initially disturbed after promulgation of those rules.  History: En. Sec. 19, Ch. 252, L. 1971; R.C.M. 1947, 50-1219; amd. Sec. 4, Ch. 201, L. 1979; amd. Sec. 2, Ch. 453, L. 1985; amd. Sec. 1, Ch. 204, L. 1995; amd. Sec. 96, Ch. 324, L. 2021.
MT Code § 82-4-306 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-306. Confidentiality of application information

  82-4-306. Confidentiality of application information. (1) Except as provided in subsections (2) and (3), the information obtained by the department from applications for exploration licenses and the information obtained from small miners is confidential between the department and the applicant, except for the name of the applicant and the county of proposed operation. However, all activities conducted subsequent to exploration and other associated facilities are public information and must be conducted under an operating permit.   (2) Any information referenced in subsection (1) is properly admissible in any hearing conducted by the department or in any judicial proceeding to which the director and the applicant are parties and is not confidential when a violation of this part or rules adopted under this part has been determined by the department or by judicial order.   (3) The department may disclose information obtained by the department from exploration license applications and from small miners and that is related to the exploration or mining on state and federal lands when the information identifies the location of exploration and mining activities and describes the surface disturbance that is occurring or projected to occur. The department may not disclose a licensee's or small miner's proprietary geological information.   (4) Failure to comply with the secrecy provisions of this part is punishable by a fine of up to $1,000.   History: En. Sec. 21, Ch. 252, L. 1971; amd. Sec. 1, Ch. 37, L. 1975; R.C.M. 1947, 50-1221; amd. Sec. 193, Ch. 575, L. 1981; amd. Sec. 3, Ch. 637, L. 1991; amd. Sec. 381, Ch. 418, L. 1995.
MT Code § 82-4-307 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-307. Review of existing files

  82-4-307. Review of existing files. Existing departmental files shall be reviewed, and their contents shall be segregated and available for public inspection to the same extent as new files under 82-4-306.   History: En. 50-1221.1 by Sec. 2, Ch. 37, L. 1975; R.C.M. 1947, 50-1221.1.
MT Code § 82-4-308 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-308. Release by waiver

  82-4-308. Release by waiver. An applicant may release the department from the confidentiality requirements of this part by notarized waiver to that effect on forms to be provided by the department.   History: En. 50-1221.2 by Sec. 3, Ch. 37, L. 1975; R.C.M. 1947, 50-1221.2; amd. Sec. 382, Ch. 418, L. 1995.
MT Code § 82-4-309 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-309. Exemption -- operations on federal lands

  82-4-309. Exemption -- operations on federal lands. This part does not apply to operations on certain federal lands as specified by the department, provided it is first determined by the department that federal law or regulations issued by the federal agency administering such land impose controls for reclamation of said lands substantially equal to or greater than those imposed by this part.  History: En. Sec. 23, Ch. 252, L. 1971; R.C.M. 1947, 50-1223; amd. Sec. 97, Ch. 324, L. 2021.
MT Code § 82-4-310 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-310. Exemption -- scale and type of activity

  82-4-310. Exemption -- scale and type of activity. (1) A person is exempt from this part when the person is engaging in a mining activity that does not:   (a) use motorized excavating equipment;   (b) use blasting agents;   (c) disturb more than 100 square feet or 50 cubic yards of material at any site;   (d) leave unreclaimed sites that are less than 1 mile apart;   (e) use mercury in any operations except in a contained facility that prevents the escape of any mercury into the environment; or   (f) use a cyanide ore-processing reagent or other metal leaching solvents or reagents in any operations.   (2) A person is exempt from this part when the person is engaging in a mining activity using a suction dredge if:   (a) the dredge in use has an intake of 4 inches in diameter or less;   (b) the person does not operate the dredge beyond the area of the streambed that is naturally under water at the time of operation; and   (c) the person has obtained for the activity:   (i) project approval pursuant to Title 75, chapter 7, part 1; and   (ii) a discharge permit issued pursuant to 75-5-402 and has paid the applicable fee provided in 75-5-516(12).   (3) This part does not apply to a person who, on land owned or controlled by that person, allows other persons to engage in mining activities if those activities cumulatively meet the requirements of subsection (1).   History: En. Sec. 24, Ch. 252, L. 1971; R.C.M. 1947, 50-1224; amd. Sec. 3, Ch. 272, L. 1997; amd. Sec. 3, Ch. 507, L. 1999; amd. Sec. 3, Ch. 468, L. 2003.
MT Code § 82-4-311 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-311. Disposition of fees, fines, penalties, and other uncleared money

  82-4-311. Disposition of fees, fines, penalties, and other uncleared money. All fees, fines, penalties, and other uncleared money that has been or will be paid to the department under the provisions of this part must be placed in the environmental rehabilitation and response account in the state special revenue fund provided for in 75-1-110. Funds held 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.   History: En. 50-1227 by Sec. 1, Ch. 29, L. 1977; R.C.M. 1947, 50-1227; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 383, Ch. 418, L. 1995; amd. Sec. 4, Ch. 338, L. 2001.
MT Code § 82-4-312 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-312. Hard-rock mining reclamation debt service fund

  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.   History: En. Sec. 1, Ch. 460, L. 2001.
MT Code § 82-4-314 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-314. Authorization for sale of hard-rock mining reclamation bonds

  82-4-314. Authorization for sale of hard-rock mining reclamation bonds. The board of examiners is authorized to issue and sell hard-rock mining reclamation general obligation bonds in an amount not exceeding $8 million upon the request of the department, as provided for in 82-4-313. Proceeds of the bonds or notes are allocated to the hard-rock mining reclamation special revenue account provided for in 82-4-315 to fund:   (1) legally required reclamation, operation, and maintenance at hard-rock mines that would otherwise not occur when the director of the department determines that there is no likelihood of getting additional funds from the mine operator and the available surety bond is insufficient; and   (2) the costs of issuing the bonds or notes.   History: En. Sec. 3, Ch. 460, L. 2001.
MT Code § 82-4-315 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-315. Hard-rock mining reclamation special revenue account

  82-4-315. Hard-rock mining reclamation special revenue account. (1) There is a hard-rock mining reclamation special revenue account within the state special revenue fund established in 17-2-102. There must be paid into the account:   (a) revenue from the sale of hard-rock mining reclamation bonds issued by the board of examiners pursuant to 82-4-313 and 82-4-314;   (b) interest income earned on the account; and   (c) excess money transferred from the hard-rock mining reclamation debt service fund as described in 82-4-312.   (2) Funds may be appropriated from the hard-rock mining reclamation special revenue account for the following purposes only:   (a) state costs of implementing legally required reclamation, operation, and maintenance at hard-rock mines that would otherwise not occur because there is no likelihood of getting additional funds from the mine operator and the available surety bond is insufficient;   (b) state costs of implementing legally required reclamation, operation, and maintenance neither eligible for nor reasonably expected to be reimbursed from other federal or private funds; and   (c) state costs related to the implementation of 82-4-312 through 82-4-315.   History: En. Sec. 4, Ch. 460, L. 2001.
MT Code § 82-4-316 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-316. through 82-4-320 reserved

  82-4-316 through 82-4-320 reserved.
MT Code § 82-4-321 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-321. Administration

  82-4-321. Administration. The department is charged with the responsibility of administering this part and adopting rules as necessary. The department shall employ experienced, qualified persons in the field of mined-land reclamation who, for the purpose of this part, are referred to as supervisors.  History: En. Sec. 4, Ch. 252, L. 1971; amd. Sec. 2, Ch. 281, L. 1974; R.C.M. 1947, 50-1204; amd. Sec. 384, Ch. 418, L. 1995; amd. Sec. 98, Ch. 324, L. 2021.
MT Code § 82-4-322 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-322. Investigations, research, and experiments

  82-4-322. Investigations, research, and experiments. The department shall have the authority to conduct or authorize investigations, research, experiments, and demonstrations in reclamation and to collect and disseminate nonconfidential information relating to mining.   History: En. Sec. 5, Ch. 252, L. 1971; R.C.M. 1947, 50-1205; amd. Sec. 385, Ch. 418, L. 1995.
MT Code § 82-4-323 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-323. Interagency cooperation -- receipt and expenditure of funds

  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.   History: En. Sec. 6, Ch. 252, L. 1971; R.C.M. 1947, 50-1206; amd. Sec. 386, Ch. 418, L. 1995.
MT Code § 82-4-324 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-324. through 82-4-330 reserved

  82-4-324 through 82-4-330 reserved.
MT Code § 82-4-331 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-331. Exploration license required -- employees included -- limitation

  82-4-331. Exploration license required -- employees included -- limitation. (1) 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 a $25 renewal fee. 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.   History: En. Sec. 7, Ch. 252, L. 1971; amd. Sec. 3, Ch. 281, L. 1974; R.C.M. 1947, 50-1207(part); amd. Sec. 3, Ch. 588, L. 1979; amd. Sec. 3, Ch. 93, L. 1989; amd. Sec. 2, Ch. 598, L. 1993; amd. Sec. 387, Ch. 418, L. 1995; amd. Sec. 3, Ch. 488, L. 2001.
MT Code § 82-4-332 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-332. Exploration license

  82-4-332. Exploration license. (1) An exploration license must be issued to any applicant who:  (a) pays a fee of $100 to the department;   (b) agrees to reclaim any surface area damaged by the applicant during exploration operations, as may be reasonably required by the department;   (c) is not in default of any other reclamation obligation under this law.   (2) An application for an exploration license must be made in writing, notarized, and submitted to the department in duplicate upon forms prepared and furnished by it. The application must include an exploration map or sketch in sufficient detail to locate the area to be explored and to determine whether significant environmental problems would be encountered. The department shall by rule determine the precise nature of the exploration map or sketch. The applicant shall state what type of prospecting and excavation techniques will be employed in disturbing the land.   (3) Prior to the issuance of an exploration license, the applicant shall file with the department a reclamation and revegetation bond in a form and amount as determined by the department in accordance with 82-4-338.   (4) In the event that the holder of an exploration license desires to mine the area covered by the exploration license and has fulfilled all of the requirements for an operating permit, the department shall allow the postponement of the reclamation of the acreage explored if that acreage is incorporated into the complete reclamation plan submitted with the application for an operating permit. Any land actually affected by exploration or excavation under an exploration license and not covered by the operating reclamation plan must be reclaimed within 2 years after the completion of exploration or abandonment of the site in a manner acceptable to the department.   History: En. Sec. 7, Ch. 252, L. 1971; amd. Sec. 3, Ch. 281, L. 1974; R.C.M. 1947, 50-1207(2); amd. Sec. 5, Ch. 201, L. 1979; amd. Sec. 4, Ch. 588, L. 1979; amd. Sec. 2, Ch. 137, L. 1991; amd. Sec. 388, Ch. 418, L. 1995; amd. Sec. 4, Ch. 488, L. 2001; amd. Sec. 99, Ch. 324, L. 2021.
MT Code § 82-4-333 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-333. Repealed

  82-4-333. Repealed. Sec. 8, Ch. 588, L. 1979.   History: En. Sec. 7, Ch. 252, L. 1971; amd. Sec. 3, Ch. 281, L. 1974; R.C.M. 1947, 50-1207(3), (4).
MT Code § 82-4-334 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-334. Exception -- geological phenomena

  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.   History: En. Sec. 7, Ch. 252, L. 1971; amd. Sec. 3, Ch. 281, L. 1974; R.C.M. 1947, 50-1207(6); amd. Sec. 5, Ch. 588, L. 1979; amd. Sec. 389, Ch. 418, L. 1995.
MT Code § 82-4-339 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 4. Reclamation|Part 3. Metal Mine Reclamation|82-4-339. Annual report of activities by permittee -- fee -- notice of large-scale mineral developer status

  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 annual fee of $100 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.   History: En. Sec. 12, Ch. 252, L. 1971; R.C.M. 1947, 50-1212; amd. Sec. 3, Ch. 582, L. 1985; amd. Sec. 5, Ch. 227, L. 1991; amd. Sec. 7, Ch. 637, L. 1991; amd. Sec. 394, Ch. 418, L. 1995; amd. Sec. 7, Ch. 488, L. 2001; amd. Sec. 5, Ch. 63, L. 2005; amd. Sec. 7, Ch. 152, L. 2021; amd. Sec. 102, Ch. 324, L. 2021.