reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 4. Reclamation › Part 2. Coal and Uranium Mine Reclamation › 82-4-243. Subsidence

82-4-243. Subsidence.
(1) The permittee of an underground coal mining operation shall:
(a) promptly repair or compensate for material damage to any occupied residential dwelling and related structures and to any noncommercial building resulting from subsidence caused by an underground coal mining operation. Repair of damage includes rehabilitation, restoration, or replacement. Compensation must be provided to the owner of the damaged property and must be in the full amount of the diminution in value resulting from the subsidence. Compensation may be accomplished by the purchase, prior to mining, of a noncancellable premium-prepaid insurance policy.
(b) promptly replace any drinking, domestic, or residential water supply from a well or spring that was in existence prior to the application for the permit pursuant to 82-4-222 and that has been affected by contamination, diminution, or interruption resulting from the underground coal mining operation.
(2) This section may not be construed to prohibit or interrupt an underground coal mining operation.
(3) This section does not abrogate, impair, or diminish any right or remedy granted under another provision of this part or any other law.
History: En. Sec. 1, Ch. 196, L. 1997.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 4. Reclamation › Part 2. Coal and Uranium Mine Reclamation › 82-4-244. Coal and uranium mine permitting and reclamation program account

82-4-244. Coal and uranium mine permitting and reclamation program account.
(1) There is a coal and uranium mine permitting and reclamation program account within the special revenue fund established in 17-2-102.
(2) Each fiscal year, there must be deposited in the account the proceeds from the coal severance tax, as provided in 15-35-108, to be appropriated by the legislature to the department for the administration and enforcement of this part.
History: En. Sec. 2, Ch. 280, L. 2007.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 4. Reclamation › Part 2. Coal and Uranium Mine Reclamation › 82-4-250. Operating permit revocation -- permit transfer

82-4-250. Operating permit revocation -- permit transfer.
(1) An operating permit that is revoked in accordance with this part does not terminate until 5 years after revocation or until substantial completion of seeding and planting on disturbed areas, whichever occurs earlier.
(2) A person may apply for the transfer of a revoked permit that has not terminated by submitting an application to the department that contains the information required for a permit applicant in 82-4-222(1)(b) through (1)(i). Upon receipt of an application from a person who is not precluded from holding a permit pursuant to this part, the department shall cease reclamation activities on the permit area.
(3) The department may not require the applicant to submit any additional information unless the department can show that significant changes in the environmental baseline data have occurred during the period of operation or since the revocation of the initial operating permit.
(4) The department may not prepare a review under 75-1-201 for a transfer unless the department can show that the operation has caused or may cause significant impacts that have not been analyzed previously in an environmental review document prepared pursuant to 75-1-201.
(5) The department shall process an application for transfer under the same timeframes as are provided in 82-4-231 for processing of permit applications.
(6) Except as provided in subsection (7), the department shall, after receipt of an application pursuant to subsections (2) through (5) and after public notice and opportunity for comment:
(a) transfer the operating permit to a new operator if the new operator provides proof of site ownership or control and adequate bonding as required by this part; and
(b) require as a condition of permit transfer that, prior to creating additional disturbance at the site, all preexisting permit deficiencies, including modifications necessary because of reclamation that has been conducted at the site, be corrected to the satisfaction of the department and that any preestablished environmental monitoring requirements continue.
(7) The department may not transfer any permit for which it can show that:
(a) the requirements of this part and the rules adopted under this part for operation, backfilling, grading, subsidence stabilization, water control, highwall reduction, topsoiling, revegetation, and reclamation of the affected area cannot be met;
(b) significant changes in the operating plan or reclamation plan are necessary; or
(c) the department would be precluded from issuing a permit to the applicant by 82-4-227(11) or (12).
(8) The department is not required to reimburse the former permittee or surety for funds expended for reclamation, monitoring, or site maintenance prior to permit transfer.
(9) This section does not apply to the revocation or transfer of an operating permit that authorizes mine operations on federal lands.
History: En. Sec. 1, Ch. 522, L. 2001.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 4. Reclamation › Part 2. Coal and Uranium Mine Reclamation › 82-4-253. Suit for damage to water supply

82-4-253. Suit for damage to water supply.
(1) An owner of an interest in real property who obtains all or part of a supply of water for domestic, agricultural, industrial, or other legitimate use from an underground source other than a subterranean stream having a permanent, distinct, and known channel may sue an operator to recover damages for contamination, diminution, or interruption of the water supply, proximately resulting from strip mining or underground mining.
(2) Prima facie evidence of injury in a suit under this section is established by the removal of coal or disruption of overlying aquifer from designated ground water areas as prescribed in Title 85, chapter 2, part 5. If the area is not a designated ground water area, a showing that the coal or overlying strata is an aquifer in that geographical location and that the coal or the overlying strata has been removed or disrupted shifts the burden to the defendant (operator) to show that the plaintiff's (owner's) water supply was not injured thereby.
(3) An owner of water rights adversely affected may file a complaint detailing the loss of water in quality and quantity with the department. Upon receipt of this complaint the department shall:
(a) investigate the complaint using all available information including monitoring data gathered at the mine site;
(b) require the defendant (operator) 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 or quality;
(c) issue within 90 days a written finding specifying the cause of the water loss, if there is a loss, in terms of quantity or quality;
(d) order the mining operator in compliance with chapter 2 of Title 85 to replace the water immediately on a temporary basis to provide the needed water and within a reasonable time, replace the water in like quality, quantity, and duration, if the loss is caused by the strip-mining or underground-coal-mining operation; and
(e) order the suspension of the operator's permit for failure to replace the water, until such time as the operator provides substitute water.
(4) A servient tract of land is not bound to receive surface water contaminated by strip mining or underground mining on a dominant tract of land, and the owner of the servient tract may sue an operator to recover the damages proximately resulting from the natural drainage from the dominant tract of surface waters contaminated by strip mining or underground mining on the dominant tract.
(5) This section and 82-4-252 do not create, modify, or affect any right, liability, or remedy other than as expressly provided.
History: En. Sec. 22, Ch. 325, L. 1973; amd. Sec. 1, Ch. 295, L. 1975; amd. Sec. 29, Ch. 441, L. 1975; R.C.M. 1947, 50-1055(3) thru (5); amd. Sec. 293, Ch. 42, L. 1997; amd. Sec. 5, Ch. 98, L. 2013.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 4. Reclamation › Part 2. Coal and Uranium Mine Reclamation › 82-4-255. Equal application of court costs

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.
History: En. Sec. 1, Ch. 472, L. 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 4. Reclamation › Part 3. Metal Mine Reclamation › 82-4-340. Successor operator

82-4-340. Successor operator.
(1) When one operator succeeds to the interest of another in any uncompleted operation by sale, assignment, lease, or otherwise, the department may release the first operator from the duties imposed upon the operator by this part, provided that both operators comply with the requirements of this part and the successor operator assumes the duty of the former operator to complete the reclamation of the land, in which case the department shall transfer the permit to the successor operator upon approval of the successor operator's bond as required under this part.
(2) For an operation with a forfeited bond where the department holds a suspended permit pursuant to 82-4-341(8), the department may transfer the permit to a successor operator provided that the successor operator:
(a) complies with the requirements of this part; and
(b) assumes the duty of the former operator to complete reclamation and submits:
(i) any additional bond required under 82-4-338; and
(ii) a $2,000 fee.
History: En. Sec. 10, Ch. 252, L. 1971; amd. Sec. 6, Ch. 281, L. 1974; amd. Sec. 1, Ch. 427, L. 1977; R.C.M. 1947, 50-1210(3); amd. Sec. 6, Ch. 453, L. 1985; amd. Sec. 395, Ch. 418, L. 1995; amd. Sec. 2, Ch. 458, L. 2019.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 4. Reclamation › Part 3. Metal Mine Reclamation › 82-4-349. Limitations of actions -- venue

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.
History: En. Sec. 1, Ch. 472, L. 1993; amd. Sec. 398, Ch. 418, L. 1995; amd. Sec. 7, Ch. 507, L. 1999; amd. Sec. 32, Ch. 361, L. 2003; amd. Sec. 16, Ch. 337, L. 2005.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 4. Reclamation › Part 3. Metal Mine Reclamation › 82-4-350. Award of costs and attorney fees

82-4-350. Award of costs and attorney fees.
When issuing a final order in an action challenging the grant or denial of an exploration license or operating permit issued under this part, the court may award costs of litigation, including reasonable attorney and expert witness fees, to a prevailing or substantially prevailing party whenever, in its discretion, the court determines an award is appropriate.
History: En. Sec. 2, Ch. 472, L. 1993.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 4. Reclamation › Part 3. Metal Mine Reclamation › 82-4-351. Reasons for denial of permit

82-4-351. Reasons for denial of permit.
(1) An application for a permit or an application for an amendment to a permit may be denied for the following reasons:
(a) the plan of operation or reclamation conflicts with Title 75, chapter 2, as amended, Title 75, chapter 5, as amended, Title 75, chapter 6, as amended, or rules adopted pursuant to these laws;
(b) the reclamation plan does not provide an acceptable method for accomplishment of reclamation as required by this part.
(2) A denial of a permit must be in writing, state the reasons for denial, and be based on a preponderance of the evidence.
History: En. Sec. 14, Ch. 252, L. 1971; R.C.M. 1947, 50-1214; amd. Sec. 1, Ch. 174, L. 1979; amd. Sec. 7, Ch. 453, L. 1985; amd. Sec. 6, Ch. 472, L. 1993.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 4. Reclamation › Part 3. Metal Mine Reclamation › 82-4-352. Reapplication with new reclamation plan

82-4-352. Reapplication with new reclamation plan.
A permit may be denied and returned to the applicant with a request that the application be resubmitted with a different plan for reclamation. The person making application for a permit may then resubmit to the department a new plan for reclamation.
History: En. Sec. 15, Ch. 252, L. 1971; R.C.M. 1947, 50-1215; amd. Sec. 399, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 4. Reclamation › Part 3. Metal Mine Reclamation › 82-4-353. Administrative remedies -- notice -- appeals -- parties

82-4-353. Administrative remedies -- notice -- appeals -- parties.
(1) Upon receipt of an application for an operating permit, the department shall provide notice of the application by publication in a newspaper of general circulation in the area to be affected by the operation. The notice must be published once a week for 3 successive weeks.
(2) An applicant for a permit or license or for an amendment or revision to a permit or license may request a hearing on a denial of the application by submitting a written request for a hearing within 30 days of receipt of written notice of the denial. The request must state the reason that the hearing is requested.
(3) All hearings and appeals under 82-4-337(4), 82-4-338(3)(b), 82-4-341(7) and (9), 82-4-361, 82-4-362, and subsection (2) of this section must be conducted by the board in accordance with the Montana Administrative Procedure Act. Any person whose interests may be adversely affected as a result of an action taken pursuant to this part may become a party to any proceeding held under this part upon a showing that the person is capable of adequately representing the interests claimed.
(4) As used in this section, "person" means any individual, corporation, partnership, or other legal entity.
History: En. Sec. 16, Ch. 252, L. 1971; amd. Sec. 9, Ch. 281, L. 1974; amd. Sec. 1, Ch. 313, L. 1975; amd. Sec. 2, Ch. 427, L. 1977; R.C.M. 1947, 50-1216; amd. Sec. 12, Ch. 79, L. 2001; amd. Sec. 6, Ch. 410, L. 2011; amd. Sec. 4, Ch. 458, L. 2019.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 4. Reclamation › Part 3. Metal Mine Reclamation › 82-4-354. Mandamus to compel enforcement

82-4-354. Mandamus to compel enforcement.
(1) A person having an interest that is or may be adversely affected, with knowledge that a requirement of this part or a rule adopted under this part is not being enforced by a public officer or employee whose duty it is to enforce the requirement or rule, may bring the failure to the attention of the public officer or employee by an affidavit stating the specific facts of the failure. Knowingly making false statements or charges in the affidavit subjects the affiant to penalties prescribed for false swearing, as provided in 45-7-202.
(2) If the public officer or employee neglects or refuses for an unreasonable time after receipt of the affidavit to enforce the requirement or rule, the affiant may bring an action of mandamus in the district court of the first judicial district or in the district court of the county in which the land is located. If the court finds that a requirement of this part or a rule adopted under this part is not being enforced, it shall order the public officer or employee to perform the duties. If the officer or employee fails to do so, the public officer or employee must be held in contempt of court and is subject to the penalties provided by law.
(3) A person having an interest that is or may be adversely affected may commence a civil action to compel compliance with this part against a person for the violation of this part or any rule, order, or permit issued under it. However, an action may not be commenced:
(a) prior to 60 days after the plaintiff has given notice in writing to the department and to the alleged violator; or
(b) if the department has commenced and is diligently prosecuting a civil action to require compliance with the provisions of this part or any rule, order, or permit issued under it. A person having an interest that is or may be adversely affected may intervene as a matter of right in the civil action.
(4) Legal actions under subsection (3)(a) must be brought in the district court of the county in which the alleged violation occurred.
(5) Nothing in this section restricts any right of any person under any statute or common law to seek enforcement of this part or the rules adopted under it or to seek any other relief.
History: En. Sec. 4, Ch. 345, L. 1985; amd. Sec. 1, Ch. 535, L. 1997; amd. Sec. 48, Ch. 535, L. 2021.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 4. Reclamation › Part 3. Metal Mine Reclamation › 82-4-355. Action for damages to water supply -- replacement

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.
History: En. Sec. 5, Ch. 345, L. 1985; amd. Sec. 8, Ch. 637, L. 1991; amd. Sec. 2734, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 4. Reclamation › Part 3. Metal Mine Reclamation › 82-4-356. Action in response to complaints related to use of explosives

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.
History: En. Sec. 1, Ch. 443, L. 1989.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 4. Reclamation › Part 3. Metal Mine Reclamation › 82-4-357. Abatement of environmental emergencies

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.
History: En. Sec. 9, Ch. 637, L. 1991.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 4. Reclamation › Part 3. Metal Mine Reclamation › 82-4-360. When activity prohibited -- exception

82-4-360. When activity prohibited -- exception.
(1) Except as provided in subsection (2), a person may not conduct mining or exploration activities in this state if that person or any firm or business association of which that person was a principal or controlling member had a bond forfeited under this part, if the department otherwise received proceeds from a surety to perform reclamation on that person's behalf, or if the person's surety completed reclamation on the person's behalf.
(2) A person described in subsection (1) may apply for an operating permit or an exploration license or may conclude a written agreement under 82-4-305 if:
(a) that person pays to the department:
(i) the full amount of the necessary expenses incurred by the department under 82-4-341(6) for reclamation of the area for which the bond was forfeited;
(ii) the full amount of any penalties assessed under this part; and
(iii) interest on the expenses incurred and penalties assessed at the rate of 6% a year; and
(b) the person demonstrates and the department determines that the person has remedied the conditions that led to the bond forfeiture or receipt of the bond proceeds and that those conditions no longer exist.
History: En. Sec. 7, Ch. 93, L. 1989; amd. Sec. 400, Ch. 418, L. 1995; amd. Sec. 296, Ch. 42, L. 1997; amd. Sec. 9, Ch. 488, L. 2001.