82-4-402. Intent, findings, and policy. (1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted The Opencut Mining Act. It is the legislature's intent that the requirements of this part provide adequate remedies for the protection of the environmental life support system from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources.
(2) Because the extraction and use of opencut materials is important to the economy of this state, it is the policy of this state to provide for the reclamation and conservation of land subjected to opencut operations. Therefore, it is the purpose of this part:
(a) to preserve natural resources;
(b) to aid in the protection of wildlife and aquatic resources;
(c) to safeguard and reclaim through effective means and methods all agricultural, recreational, home, and industrial sites subjected to or that may be affected by opencut operations;
(d) to protect and perpetuate the taxable value of property through reclamation;
(e) to protect scenic, scientific, historic, or other unique areas; and
(f) to promote the health, safety, and general welfare of the people of this state.
History: En. Sec. 2, Ch. 326, L. 1973; amd. Sec. 2, Ch. 209, L. 1974; amd. Sec. 2, Ch. 235, L. 1974; R.C.M. 1947, 50-1502; amd. Sec. 1, Ch. 280, L. 1987; amd. Sec. 8, Ch. 507, L. 1999; amd. Sec. 1, Ch. 325, L. 2001; amd. Sec. 33, Ch. 361, L. 2003; amd. Sec. 2, Ch. 385, L. 2007.
Structure Montana Code Annotated
Title 82. Minerals, Oil, and Gas
Part 4. Opencut Mining Reclamation
82-4-402. Intent, findings, and policy
82-4-404. Exemption -- operations covered by metal mine reclamation
82-4-405. Inapplicability to government
82-4-406. Exemption -- opencut operations on federal and state lands
82-4-407. through 82-4-420 reserved
82-4-422. Powers, duties, and functions
82-4-424. Receipt and expenditure of funds -- disposition of penalties and other money
82-4-425. Inspection of opencut operations
82-4-426. Reclamation of land on which bond forfeited
82-4-427. Hearing -- appeal -- venue
82-4-428. through 82-4-430 reserved
82-4-431. Permit for mining, processing, and reclamation required
82-4-432. Application for permit -- contents -- issuance -- amendment
82-4-434. Plan of operation -- requirements
82-4-436. Plan amendments by department
82-4-437. Annual report -- fees
82-4-438. Opencut fund -- use of fund
82-4-439. Extended review -- criteria -- timeframes
82-4-441. Administrative and judicial penalties -- enforcement
82-4-442. Suspension and revocation orders
82-4-443. and 82-4-444 reserved
82-4-445. Reclamation of abandoned mine sites
82-4-446. Filing of lien for abandoned mine reclamation project