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.
Structure Montana Code Annotated
Title 82. Minerals, Oil, and Gas
Part 3. Metal Mine Reclamation
82-4-301. Legislative intent and findings
82-4-304. Exemption -- works performed prior to promulgation of rules
82-4-305. Exemption -- small miners -- written agreement
82-4-306. Confidentiality of application information
82-4-307. Review of existing files
82-4-309. Exemption -- operations on federal lands
82-4-310. Exemption -- scale and type of activity
82-4-311. Disposition of fees, fines, penalties, and other uncleared money
82-4-312. Hard-rock mining reclamation debt service fund
82-4-313. Hard-rock mining reclamation bonds
82-4-314. Authorization for sale of hard-rock mining reclamation bonds
82-4-315. Hard-rock mining reclamation special revenue account
82-4-316. through 82-4-320 reserved
82-4-322. Investigations, research, and experiments
82-4-323. Interagency cooperation -- receipt and expenditure of funds
82-4-324. through 82-4-330 reserved
82-4-331. Exploration license required -- employees included -- limitation
82-4-334. Exception -- geological phenomena
82-4-335. Operating permit -- limitation -- fees
82-4-336. Reclamation plan and specific reclamation requirements
82-4-337. Inspection -- issuance of operating permit -- modification, amendment, or revision
82-4-341. Compliance -- reclamation by department
82-4-342. Amendment to operating permits
82-4-343. Operating permit -- rock products -- fees
82-4-344. through 82-4-348 reserved
82-4-349. Limitations of actions -- venue
82-4-350. Award of costs and attorney fees
82-4-351. Reasons for denial of permit
82-4-352. Reapplication with new reclamation plan
82-4-353. Administrative remedies -- notice -- appeals -- parties
82-4-354. Mandamus to compel enforcement
82-4-355. Action for damages to water supply -- replacement
82-4-356. Action in response to complaints related to use of explosives
82-4-357. Abatement of environmental emergencies
82-4-358. and 82-4-359 reserved
82-4-360. When activity prohibited -- exception
82-4-361. Violation -- penalties -- waiver
82-4-362. Suspension of permits -- hearing
82-4-363. through 82-4-366 reserved
82-4-367. Long-term or perpetual water treatment permanent trust fund
82-4-368. through 82-4-370 reserved
82-4-371. Reclamation of abandoned mine sites
82-4-372. Filing of lien for abandoned mine reclamation project
82-4-373. and 82-4-374 reserved
82-4-375. Engineer of record -- duties
82-4-376. Tailings storage facility -- design document -- fee
82-4-377. Independent review panel -- selection -- duties
82-4-378. Quality assurance during construction
82-4-379. Tailings operation, maintenance, and surveillance manual
82-4-380. Periodic review required
82-4-382. through 82-4-389 reserved
82-4-390. Cyanide heap and vat leach open-pit gold and silver mining prohibited