Montana Code Annotated
Title 82. Minerals, Oil, and Gas

82-1-104. Indemnification of property owners -- restoration of surface - 82-1-104. Indemnification of property owners -- restoration of surface. (1)...

82-1-105. Exploration permit - 82-1-105. Exploration permit. (1) Upon compliance with the provisions of...

82-1-106. County clerk to notify board of issuance of permit -- compliance - 82-1-106. County clerk to notify board of issuance of permit...

82-1-107. Permitholder to furnish information to surface owner - 82-1-107. Permitholder to furnish information to surface owner. (1) Before...

82-1-108. Filing record of work performed - 82-1-108. Filing record of work performed. (1) Within 3 months...

82-1-109. Enforcement by county attorneys - 82-1-109. Enforcement by county attorneys. It shall be the duty...

82-1-110. Penalty - 82-1-110. Penalty. A failure to comply with the terms of...

82-1-111. Definitions - 82-1-111. Definitions. As used in this title, unless the context...

Part 2. Cancellation and Forfeiture of Oil, Gas, or Mineral Leases

82-1-201. Release of record upon forfeiture, cancellation, or expiration of lease -- penalty - 82-1-201. Release of record upon forfeiture, cancellation, or expiration of...

82-1-202. Action to compel release -- procedure without court action - 82-1-202. Action to compel release -- procedure without court action....

82-1-203. Demand for release prior to action - 82-1-203. Demand for release prior to action. At least 20...

82-1-204. Joinder of plaintiffs in actions concerning oil and gas leases - 82-1-204. Joinder of plaintiffs in actions concerning oil and gas...

Part 3. Trusts for Unlocatable Mineral Owners

82-1-301. Definition - 82-1-301. Definition. The word "person", as used in this part,...

82-1-302. Creation of trust for unlocatable mineral, leasehold, or royalty interest owners - 82-1-302. Creation of trust for unlocatable mineral, leasehold, or royalty...

82-1-303. No further liability for petitioner - 82-1-303. No further liability for petitioner. If a trust in...

82-1-304. Administration of trust - 82-1-304. Administration of trust. (1) The administration of the trust...

82-1-305. Trust for unlocatable mineral, leasehold, and royalty interest owners -- penalty - 82-1-305. Trust for unlocatable mineral, leasehold, and royalty interest owners...

82-1-306. Filing of addresses - 82-1-306. Filing of addresses. (1) Upon the payment of a...

Part 4. Constitutional Challenges

82-1-401. Determination of constitutionality - 82-1-401. Determination of constitutionality. In any action filed in district...

Part 5. Exemption of Fossils

82-1-501. Fossils exempted - 82-1-501. Fossils exempted. Fossils, as defined in 1-4-112, are not...

Part 6. Critical Infrastructure Facility -- Trespass

82-1-601. Definitions - 82-1-601. Definitions. As used in 82-1-601 through 82-1-604, the following...

82-1-602. Criminal penalties - 82-1-602. Criminal penalties. (1) Except as provided in 82-1-604, a...

82-1-603. Civil penalties - 82-1-603. Civil penalties. (1) A person who trespasses in a...

82-1-604. Exempt activities - 82-1-604. Exempt activities. Nothing in 82-1-601 through 82-1-604 may be...

Chapter 2. Mining Generally

Part 1. Location and Record of Claims

82-2-101. Manner of locating claim - 82-2-101. Manner of locating claim. A person who discovers upon...

82-2-102. Record of certificate of location - 82-2-102. Record of certificate of location. (1) Within 60 days...

82-2-103. Affidavit of performance of annual work - 82-2-103. Affidavit of performance of annual work. (1) The owner...

82-2-104. Millsites - 82-2-104. Millsites. Millsite claims may be located and recorded in...

82-2-105. Relocation of abandoned claim - 82-2-105. Relocation of abandoned claim. The relocator of an abandoned...

82-2-106. Rights of relocator - 82-2-106. Rights of relocator. The rights of a relocator of...

82-2-107. Amended location - 82-2-107. Amended location. A locator or claimant may at any...

82-2-108. Relocation by owner - 82-2-108. Relocation by owner. A locator or claimant may at...

82-2-109. Amendment or relocation not waiver of acquired rights - 82-2-109. Amendment or relocation not waiver of acquired rights. When...

82-2-110. Rights of third persons not affected - 82-2-110. Rights of third persons not affected. No amendment or...

82-2-111. Validating locations already made - 82-2-111. Validating locations already made. All mining locations made and...

82-2-112. Defective locations good against persons with notice - 82-2-112. Defective locations good against persons with notice. The period...

82-2-113. Effect of patent - 82-2-113. Effect of patent. The issuance of a United States...

82-2-114. Amended locations - 82-2-114. Amended locations. If, at any time, the locator of...

82-2-115. Filing of false mining claims - 82-2-115. Filing of false mining claims. A person who offers...

Part 2. Rights-of-Way and Eminent Domain

82-2-201. Right-of-way of owners of mines - 82-2-201. Right-of-way of owners of mines. The owner of a...

82-2-202. Road or ditch right-of-way - 82-2-202. Road or ditch right-of-way. Whenever a mine or mining...

82-2-203. Proceedings to obtain right-of-way - 82-2-203. Proceedings to obtain right-of-way. Whenever the owner desires to...

82-2-204. Proceedings before the court - 82-2-204. Proceedings before the court. Upon the receipt of the...

82-2-205. Court order and appointment of commissioners - 82-2-205. Court order and appointment of commissioners. Upon the return...

82-2-206. Commissioners to assess damages - 82-2-206. Commissioners to assess damages. The commissioners must be sworn...

82-2-207. Power to set aside commissioners' report - 82-2-207. Power to set aside commissioners' report. For good cause...

82-2-208. Right-of-way to commence upon payment of assessed damages - 82-2-208. Right-of-way to commence upon payment of assessed damages. Upon...

82-2-209. Appeal from assessment of damages - 82-2-209. Appeal from assessment of damages. An appeal from the...

82-2-210. Trial on appeal and costs - 82-2-210. Trial on appeal and costs. On appeal, the question...

82-2-211. Payment of costs - 82-2-211. Payment of costs. All costs and expenses of the...

82-2-212. Appeal to supreme court - 82-2-212. Appeal to supreme court. An appeal to the supreme...

82-2-213. through 82-2-220 reserved - 82-2-213 through 82-2-220 reserved.

82-2-221. Eminent domain for open-pit mining -- purchase of property required - 82-2-221. Eminent domain for open-pit mining -- purchase of property...

82-2-222. Construction of alternate facilities - 82-2-222. Construction of alternate facilities. If a mineral owner seeks...

82-2-223. Compensation for property - 82-2-223. Compensation for property. (1) The measure of compensation for...

82-2-224. Notice of condemnation -- filing of plat - 82-2-224. Notice of condemnation -- filing of plat. Any party...

Part 3. Landowner Notification of Surface Operations

82-2-301. Short title - 82-2-301. Short title. This part may be referred to as...

82-2-302. Ascertaining ownership of land - 82-2-302. Ascertaining ownership of land. All prospectors for minerals, miners,...

82-2-303. Written notice and approval required before commencement of operations - 82-2-303. Written notice and approval required before commencement of operations....

82-2-304. Exemption -- discovery pits on federal lands - 82-2-304. Exemption -- discovery pits on federal lands. Discovery pits...

82-2-305. Exemption -- operations pursuant to prospecting permits or other agreements - 82-2-305. Exemption -- operations pursuant to prospecting permits or other...

82-2-306. Violation -- immunity of landowner - 82-2-306. Violation -- immunity of landowner. Any work done in...

Part 4. Assaying of Ore and Payment for Consignments

82-2-401. Sampling rooms required - 82-2-401. Sampling rooms required. A person, association, or corporation engaged...

82-2-402. Samples of 50 pounds per ton to be retained until settlement - 82-2-402. Samples of 50 pounds per ton to be retained...

82-2-403. Penalty for commingling foreign substances with ore - 82-2-403. Penalty for commingling foreign substances with ore. Any person...

82-2-404. Umpire assayers -- appointment, qualifications, and duties - 82-2-404. Umpire assayers -- appointment, qualifications, and duties. A person,...

82-2-405. Notice of selection - 82-2-405. Notice of selection. Upon the selection of the umpire,...

82-2-406. Violation -- penalty - 82-2-406. Violation -- penalty. Every person, association, or corporation engaged...

82-2-407. through 82-2-420 reserved - 82-2-407 through 82-2-420 reserved.

82-2-421. Time for payment for ores - 82-2-421. Time for payment for ores. (1) A person, association,...

82-2-422. Violation -- penalty - 82-2-422. Violation -- penalty. Any person, association, company, or corporation...

82-2-423. Statement by purchasers of ore from leased mines - 82-2-423. Statement by purchasers of ore from leased mines. A...

82-2-424. Copy of statement to lessee - 82-2-424. Copy of statement to lessee. Sampling works and smelters...

82-2-425. Shipper -- penalty for violation - 82-2-425. Shipper -- penalty for violation. A person or corporation...

82-2-426. Smelters -- penalty for violation - 82-2-426. Smelters -- penalty for violation. Any person or corporation...

Part 7. Sand and Gravel Deposit Program

82-2-701. Sand and gravel deposit program -- investigation -- purpose -- prioritization - 82-2-701. Sand and gravel deposit program -- investigation -- purpose...

82-2-702. Authority to accept gifts, grants, and reimbursements - 82-2-702. Authority to accept gifts, grants, and reimbursements. The Montana...

Chapter 3. Coal Mining (Repealed)

Part 1. Coal Conservation (Repealed)

82-3-101. Repealed - 82-3-101. Repealed. Sec. 21, Ch. 550, L. 1979. History: En....

82-3-102. Repealed - 82-3-102. Repealed. Sec. 21, Ch. 550, L. 1979. History: En....

82-3-103. Repealed - 82-3-103. Repealed. Sec. 21, Ch. 550, L. 1979. History: En....

82-3-104. Repealed - 82-3-104. Repealed. Sec. 21, Ch. 550, L. 1979. History: En....

82-3-105. Repealed - 82-3-105. Repealed. Sec. 21, Ch. 550, L. 1979. History: En....

82-3-106. Repealed - 82-3-106. Repealed. Sec. 21, Ch. 550, L. 1979. History: En....

82-3-107. Repealed - 82-3-107. Repealed. Sec. 21, Ch. 550, L. 1979. History: En....

82-3-108. Repealed - 82-3-108. Repealed. Sec. 21, Ch. 550, L. 1979. History: En....

82-3-109. Repealed - 82-3-109. Repealed. Sec. 21, Ch. 550, L. 1979. History: En....

82-3-110. Repealed - 82-3-110. Repealed. Sec. 21, Ch. 550, L. 1979. History: En....

Part 2. Coal Invoices (Repealed)

82-3-201. Repealed - 82-3-201. Repealed. Sec. 1, Ch. 24, L. 1997. History: En....

82-3-202. Repealed - 82-3-202. Repealed. Sec. 1, Ch. 24, L. 1997. History: En....

82-3-203. Repealed - 82-3-203. Repealed. Sec. 1, Ch. 24, L. 1997. History: En....

82-3-204. Repealed - 82-3-204. Repealed. Sec. 1, Ch. 24, L. 1997. History: En....

82-3-205. Repealed - 82-3-205. Repealed. Sec. 1, Ch. 24, L. 1997. History: En....

Chapter 4. Reclamation

Part 1. Strip and Underground Mine Siting

82-4-101. Short title - 82-4-101. Short title. This part shall be known and may...

82-4-102. Intent -- findings -- policy and purpose - 82-4-102. Intent -- findings -- policy and purpose. (1) The...

82-4-103. Definitions - 82-4-103. Definitions. When used in this part, unless a different...

82-4-104. Application - 82-4-104. Application. The provisions of this part shall not apply...

82-4-105. through 82-4-110 reserved - 82-4-105 through 82-4-110 reserved.

82-4-111. Repealed - 82-4-111. Repealed. Sec. 111, Ch. 324, L. 2021. History: En....

82-4-112. Administration - 82-4-112. Administration. (1) The department shall: (a) adopt, after an...

82-4-113. Receipts paid into general fund - 82-4-113. Receipts paid into general fund. Except for bond forfeiture...

82-4-114. through 82-4-120 reserved - 82-4-114 through 82-4-120 reserved.

82-4-121. Permit required - 82-4-121. Permit required. No person may commence preparatory work until...

82-4-122. Application and approval of permit - 82-4-122. Application and approval of permit. (1) A person desiring...

82-4-123. Permit fee and surety bond - 82-4-123. Permit fee and surety bond. A fee of $50...

82-4-124. Permit -- authority under and renewal - 82-4-124. Permit -- authority under and renewal. A mine-site location...

82-4-125. Refusal of permit - 82-4-125. Refusal of permit. (1) The department may not issue...

82-4-126. When information may be used to meet strip-mining or underground-mining permit requirements - 82-4-126. When information may be used to meet strip-mining or...

82-4-127. Effect of siting permit on subsequent mining permits - 82-4-127. Effect of siting permit on subsequent mining permits. When...

82-4-128. Termination of permit - 82-4-128. Termination of permit. A mine-site location permit granted by...

82-4-129. Noncompliance -- suspension of permits - 82-4-129. Noncompliance -- suspension of permits. (1) If any of...

82-4-130. Procedure for hearings - 82-4-130. Procedure for hearings. (1) A person aggrieved by a...

82-4-131. through 82-4-140 reserved - 82-4-131 through 82-4-140 reserved.

82-4-141. Violation -- penalty - 82-4-141. Violation -- penalty. (1) A person or operator who...

82-4-142. Mandamus to compel enforcement - 82-4-142. Mandamus to compel enforcement. (1) A resident of this...

Part 2. Coal and Uranium Mine Reclamation

82-4-201. Short title - 82-4-201. Short title. This part shall be known and may...

82-4-202. Intent -- policy -- findings - 82-4-202. Intent -- policy -- findings. (1) The legislature, mindful...

82-4-203. Definitions - 82-4-203. Definitions. Unless the context requires otherwise, in this part,...

82-4-204. Repealed - 82-4-204. Repealed. Sec. 111, Ch. 324, L. 2021. History: En....

82-4-205. Administration by department and board - 82-4-205. Administration by department and board. (1) The department shall...

82-4-206. Procedure for contested case hearings - 82-4-206. Procedure for contested case hearings. (1) An applicant, permittee,...

82-4-207. Rulemaking -- in situ coal gasification - 82-4-207. Rulemaking -- in situ coal gasification. (1) Within 1...

82-4-208. through 82-4-220 reserved - 82-4-208 through 82-4-220 reserved.

82-4-221. Mining permit required - 82-4-221. Mining permit required. (1) An operator may not engage...

82-4-222. Permit application -- application revisions - 82-4-222. Permit application -- application revisions. (1) An operator desiring...

82-4-223. Surety bond - 82-4-223. Surety bond. (1) Before a permit may be issued,...

82-4-224. Repealed - 82-4-224. Repealed. Sec. 1, Ch. 371, L. 1993. History: En....

82-4-225. Application for increase or reduction in permit area - 82-4-225. Application for increase or reduction in permit area. The...

82-4-226. Prospecting permit - 82-4-226. Prospecting permit. (1) Except as provided in subsection (7),...

82-4-227. Refusal of permit -- applicant violator system - 82-4-227. Refusal of permit -- applicant violator system. (1) An...

82-4-228. Designation of land unsuitable for coal mining - 82-4-228. Designation of land unsuitable for coal mining. (1) Any...

82-4-229. and 82-4-230 reserved - 82-4-229 and 82-4-230 reserved.

82-4-231. Submission of and action on reclamation plan - 82-4-231. Submission of and action on reclamation plan. (1) As...

82-4-232. Area mining required -- bond -- alternative plan - 82-4-232. Area mining required -- bond -- alternative plan. (1)...

82-4-233. Planting of vegetation following grading of disturbed area - 82-4-233. Planting of vegetation following grading of disturbed area. (1)...

82-4-234. Commencement of reclamation - 82-4-234. Commencement of reclamation. The operator shall commence the reclamation...

82-4-235. Determination of successful revegetation -- final bond release - 82-4-235. Determination of successful revegetation -- final bond release. (1)...

82-4-236. Vegetation as property of landowner - 82-4-236. Vegetation as property of landowner. All vegetation that is...

82-4-237. Operator to file annual reports - 82-4-237. Operator to file annual reports. (1) An operator shall...

82-4-238. Successor operator - 82-4-238. Successor operator. When one operator succeeds another at an...

82-4-239. Reclamation - 82-4-239. Reclamation. (1) The department may have reclamation work done...

82-4-240. Reclamation of lands after bond forfeited - 82-4-240. Reclamation of lands after bond forfeited. In keeping with...

82-4-241. Receipts paid into general fund -- disposition of bond forfeiture money - 82-4-241. Receipts paid into general fund -- disposition of bond...

82-4-242. Funds received by department - 82-4-242. Funds received by department. The department may receive any...

82-4-243. Subsidence - 82-4-243. Subsidence. (1) The permittee of an underground coal mining...

82-4-244. Coal and uranium mine permitting and reclamation program account - 82-4-244. Coal and uranium mine permitting and reclamation program account....

82-4-245. through 82-4-249 reserved - 82-4-245 through 82-4-249 reserved.

82-4-250. Operating permit revocation -- permit transfer - 82-4-250. Operating permit revocation -- permit transfer. (1) An operating...

82-4-251. Noncompliance -- suspension of permits - 82-4-251. Noncompliance -- suspension of permits. (1) If it is...

82-4-252. Mandamus - 82-4-252. Mandamus. (1) A resident of this state or any...

82-4-253. Suit for damage to water supply - 82-4-253. Suit for damage to water supply. (1) An owner...

82-4-254. Violation -- penalty -- waiver - 82-4-254. Violation -- penalty -- waiver. (1) (a) Except as...

Part 3. Metal Mine Reclamation

82-4-301. Legislative intent and findings - 82-4-301. Legislative intent and findings. (1) The legislature, mindful of...

82-4-302. Purpose - 82-4-302. Purpose. (1) The purposes of this part are to:...

82-4-303. Definitions - 82-4-303. Definitions. As used in this part, unless the context...

82-4-304. Exemption -- works performed prior to promulgation of rules - 82-4-304. Exemption -- works performed prior to promulgation of rules....

82-4-305. Exemption -- small miners -- written agreement - 82-4-305. Exemption -- small miners -- written agreement. (1) Except...

82-4-306. Confidentiality of application information - 82-4-306. Confidentiality of application information. (1) Except as provided in...

82-4-307. Review of existing files - 82-4-307. Review of existing files. Existing departmental files shall be...

82-4-308. Release by waiver - 82-4-308. Release by waiver. An applicant may release the department...

82-4-309. Exemption -- operations on federal lands - 82-4-309. Exemption -- operations on federal lands. This part does...

82-4-310. Exemption -- scale and type of activity - 82-4-310. Exemption -- scale and type of activity. (1) A...

82-4-311. Disposition of fees, fines, penalties, and other uncleared money - 82-4-311. Disposition of fees, fines, penalties, and other uncleared money....

82-4-312. Hard-rock mining reclamation debt service fund - 82-4-312. Hard-rock mining reclamation debt service fund. (1) There is...

82-4-313. Hard-rock mining reclamation bonds - 82-4-313. Hard-rock mining reclamation bonds. (1) When authorized by the...

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...

82-4-315. Hard-rock mining reclamation special revenue account - 82-4-315. Hard-rock mining reclamation special revenue account. (1) There is...

82-4-316. through 82-4-320 reserved - 82-4-316 through 82-4-320 reserved.

82-4-321. Administration - 82-4-321. Administration. The department is charged with the responsibility of...

82-4-322. Investigations, research, and experiments - 82-4-322. Investigations, research, and experiments. The department shall have the...

82-4-323. Interagency cooperation -- receipt and expenditure of funds - 82-4-323. Interagency cooperation -- receipt and expenditure of funds. The...

82-4-324. through 82-4-330 reserved - 82-4-324 through 82-4-330 reserved.

82-4-331. Exploration license required -- employees included -- limitation - 82-4-331. Exploration license required -- employees included -- limitation. (1)...

82-4-332. Exploration license - 82-4-332. Exploration license. (1) An exploration license must be issued...

82-4-333. Repealed - 82-4-333. Repealed. Sec. 8, Ch. 588, L. 1979. History: En....

82-4-334. Exception -- geological phenomena - 82-4-334. Exception -- geological phenomena. Upon proper application by the...

82-4-335. Operating permit -- limitation -- fees - 82-4-335. Operating permit -- limitation -- fees. (1) A person...

82-4-336. Reclamation plan and specific reclamation requirements - 82-4-336. Reclamation plan and specific reclamation requirements. (1) Taking into...

82-4-337. Inspection -- issuance of operating permit -- modification, amendment, or revision - 82-4-337. Inspection -- issuance of operating permit -- modification, amendment,...

82-4-338. Performance bond - 82-4-338. Performance bond. (1) (a) An applicant for an exploration...

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 --...

82-4-340. Successor operator - 82-4-340. (Temporary) Successor operator. (1) When one operator succeeds to...

82-4-341. Compliance -- reclamation by department - 82-4-341. (Temporary) Compliance -- reclamation by department. (1) The department...

82-4-342. Amendment to operating permits - 82-4-342. Amendment to operating permits. (1) During the term of...

82-4-343. Operating permit -- rock products -- fees - 82-4-343. Operating permit -- rock products -- fees. (1) A...

82-4-344. through 82-4-348 reserved - 82-4-344 through 82-4-348 reserved.

82-4-349. Limitations of actions -- venue - 82-4-349. Limitations of actions -- venue. (1) Legal actions seeking...

82-4-350. Award of costs and attorney fees - 82-4-350. Award of costs and attorney fees. When issuing a...

82-4-351. Reasons for denial of permit - 82-4-351. Reasons for denial of permit. (1) An application for...

82-4-352. Reapplication with new reclamation plan - 82-4-352. Reapplication with new reclamation plan. A permit may be...

82-4-353. Administrative remedies -- notice -- appeals -- parties - 82-4-353. (Temporary) Administrative remedies -- notice -- appeals -- parties....

82-4-354. Mandamus to compel enforcement - 82-4-354. Mandamus to compel enforcement. (1) A person having an...

82-4-355. Action for damages to water supply -- replacement - 82-4-355. Action for damages to water supply -- replacement. (1)...

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...

82-4-357. Abatement of environmental emergencies - 82-4-357. Abatement of environmental emergencies. (1) Whenever an environmental emergency...

82-4-358. and 82-4-359 reserved - 82-4-358 and 82-4-359 reserved.

82-4-360. When activity prohibited -- exception - 82-4-360. When activity prohibited -- exception. (1) Except as provided...

82-4-361. Violation -- penalties -- waiver - 82-4-361. Violation -- penalties -- waiver. (1) When the department...

82-4-362. Suspension of permits -- hearing - 82-4-362. Suspension of permits -- hearing. (1) If any of...

82-4-363. through 82-4-366 reserved - 82-4-363 through 82-4-366 reserved.

82-4-367. Long-term or perpetual water treatment permanent trust fund - 82-4-367. Long-term or perpetual water treatment permanent trust fund. (1)...

82-4-368. through 82-4-370 reserved - 82-4-368 through 82-4-370 reserved.

82-4-371. Reclamation of abandoned mine sites - 82-4-371. Reclamation of abandoned mine sites. (1) Agents, employees, or...

82-4-372. Filing of lien for abandoned mine reclamation project - 82-4-372. Filing of lien for abandoned mine reclamation project. (1)...

82-4-373. and 82-4-374 reserved - 82-4-373 and 82-4-374 reserved.

82-4-375. Engineer of record -- duties - 82-4-375. Engineer of record -- duties. (1) An operator with...

82-4-376. Tailings storage facility -- design document -- fee - 82-4-376. Tailings storage facility -- design document -- fee. (1)...

82-4-377. Independent review panel -- selection -- duties - 82-4-377. Independent review panel -- selection -- duties. (1) An...

82-4-378. Quality assurance during construction - 82-4-378. Quality assurance during construction. (1) An operator constructing a...

82-4-379. Tailings operation, maintenance, and surveillance manual - 82-4-379. Tailings operation, maintenance, and surveillance manual. (1) A tailings...

82-4-380. Periodic review required - 82-4-380. Periodic review required. (1) At least once every 5...

82-4-381. Annual inspections - 82-4-381. Annual inspections. (1) The engineer of record shall inspect...

82-4-382. through 82-4-389 reserved - 82-4-382 through 82-4-389 reserved.

82-4-390. Cyanide heap and vat leach open-pit gold and silver mining prohibited - 82-4-390. Cyanide heap and vat leach open-pit gold and silver...

Part 4. Opencut Mining Reclamation

82-4-401. Short title - 82-4-401. Short title. This part shall be known and may...

82-4-402. Intent, findings, and policy - 82-4-402. Intent, findings, and policy. (1) The legislature, mindful of...

82-4-403. Definitions - 82-4-403. Definitions. When used in this part, unless a different...

82-4-404. Exemption -- operations covered by metal mine reclamation - 82-4-404. Exemption -- operations covered by metal mine reclamation. Nothing...

82-4-405. Inapplicability to government - 82-4-405. Inapplicability to government. The provisions of this part relating...

82-4-406. Exemption -- opencut operations on federal and state lands - 82-4-406. Exemption -- opencut operations on federal and state lands....

82-4-407. through 82-4-420 reserved - 82-4-407 through 82-4-420 reserved.

82-4-421. Repealed - 82-4-421. Repealed. Sec. 18, Ch. 385, L. 2007. History: En....

82-4-422. Powers, duties, and functions - 82-4-422. Powers, duties, and functions. (1) The department has the...

82-4-423. Repealed - 82-4-423. Repealed. Sec. 18, Ch. 385, L. 2007. History: En....

82-4-424. Receipt and expenditure of funds -- disposition of penalties and other money - 82-4-424. Receipt and expenditure of funds -- disposition of penalties...

82-4-425. Inspection of opencut operations - 82-4-425. Inspection of opencut operations. The department or its representatives...

82-4-426. Reclamation of land on which bond forfeited - 82-4-426. Reclamation of land on which bond forfeited. In keeping...

82-4-427. Hearing -- appeal -- venue - 82-4-427. Hearing -- appeal -- venue. (1) (a) Subject to...

82-4-428. through 82-4-430 reserved - 82-4-428 through 82-4-430 reserved.

82-4-431. Permit for mining, processing, and reclamation required - 82-4-431. Permit for mining, processing, and reclamation required. (1) Except...

82-4-432. Application for permit -- contents -- issuance -- amendment - 82-4-432. Application for permit -- contents -- issuance -- amendment....

82-4-433. Bond - 82-4-433. Bond. (1) Before a permit or permit amendment may...

82-4-434. Plan of operation -- requirements - 82-4-434. Plan of operation -- requirements. (1) The department shall...

82-4-435. Repealed - 82-4-435. Repealed. Sec. 2, Ch. 113, L. 1981. History: En....

82-4-436. Plan amendments by department - 82-4-436. Plan amendments by department. (1) Unless an amendment to...

82-4-437. Annual report -- fees - 82-4-437. Annual report -- fees. (1) For each opencut operation,...

82-4-438. Opencut fund -- use of fund - 82-4-438. Opencut fund -- use of fund. (1) There is...

82-4-439. Extended review -- criteria -- timeframes - 82-4-439. Extended review -- criteria -- timeframes. (1) The department...

82-4-440. Repealed - 82-4-440. Repealed. Sec. 7, Ch. 545, L. 2021. History: En....

82-4-441. Administrative and judicial penalties -- enforcement - 82-4-441. Administrative and judicial penalties -- enforcement. (1) When the...

82-4-442. Suspension and revocation orders - 82-4-442. Suspension and revocation orders. (1) (a) The department may,...

82-4-443. and 82-4-444 reserved - 82-4-443 and 82-4-444 reserved.

82-4-445. Reclamation of abandoned mine sites - 82-4-445. Reclamation of abandoned mine sites. (1) Agents, employees, or...

82-4-446. Filing of lien for abandoned mine reclamation project - 82-4-446. Filing of lien for abandoned mine reclamation project. (1)...

Part 10. Penalties, Fees, and Interest

82-4-1001. Penalty factors - 82-4-1001. Penalty factors. (1) In determining the amount of an...

82-4-1002. Collection of penalties, fees, late fees, and interest - 82-4-1002. Collection of penalties, fees, late fees, and interest. (1)...

82-4-1003. through 82-4-1005 reserved - 82-4-1003 through 82-4-1005 reserved.

82-4-1006. Abandoned mine reclamation account - 82-4-1006. Abandoned mine reclamation account. (1) There is an abandoned...

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...

82-10-102. Remedy not exclusive - 82-10-102. Remedy not exclusive. The remedy provided for in 82-10-101...

82-10-103. Obligation to pay royalties as essence of contract -- interest - 82-10-103. Obligation to pay royalties as essence of contract --...

82-10-104. Payment of royalties -- form of record required - 82-10-104. Payment of royalties -- form of record required. (1)...

82-10-105. through 82-10-109 reserved - 82-10-105 through 82-10-109 reserved.

82-10-110. Division order -- definition -- effect - 82-10-110. Division order -- definition -- effect. (1) As used...

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...

82-10-202. Acreage pooling - 82-10-202. Acreage pooling. When deemed in the best interests of...

82-10-203. Interference with normal use of land prohibited - 82-10-203. Interference with normal use of land prohibited. In the...

82-10-204. Lease of acquired oil and gas interests - 82-10-204. Lease of acquired oil and gas interests. When in...

Part 3. Underground Gas Storage Reservoirs

82-10-301. Definitions - 82-10-301. Definitions. Unless the context requires otherwise, in this part...

82-10-302. Policy - 82-10-302. Policy. (1) The underground storage of natural gas which...

82-10-303. Use of eminent domain to acquire underground reservoirs - 82-10-303. Use of eminent domain to acquire underground reservoirs. (1)...

82-10-304. Certificate of board required prior to use of eminent domain - 82-10-304. Certificate of board required prior to use of eminent...

82-10-305. Proceedings - 82-10-305. Proceedings. After obtaining a certificate from the board, a...

Part 4. Abandoned Oil and Gas Wells -- Reclamation

82-10-401. Notice required before abandonment of well -- owner's option - 82-10-401. Notice required before abandonment of well -- owner's option....

82-10-402. Inventory of abandoned wells and seismic operations -- reclamation procedures - 82-10-402. (Temporary) Inventory of abandoned wells and seismic operations --...

Part 5. Surface Owner Damage and Disruption Compensation

82-10-501. Purpose -- legislative findings - 82-10-501. Purpose -- legislative findings. (1) The purpose of this...

82-10-502. Definitions - 82-10-502. Definitions. As used in this part, the following definitions...

82-10-503. Notice of drilling operations - 82-10-503. Notice of drilling operations. (1) In addition to the...

82-10-504. Surface damage and disruption payments -- dispute resolution -- penalty for late payment - 82-10-504. Surface damage and disruption payments -- dispute resolution --...

82-10-505. Liability for damages to property - 82-10-505. Liability for damages to property. The oil and gas...

82-10-506. Notification of injury - 82-10-506. Notification of injury. To receive compensation under this part,...

82-10-507. Agreement -- offer of settlement - 82-10-507. Agreement -- offer of settlement. Unless both parties provide...

82-10-508. Rejection -- legal action - 82-10-508. Rejection -- legal action. If the person seeking compensation...

82-10-509. reserved - 82-10-509 reserved.

82-10-510. Penalty for notice violation - 82-10-510. Penalty for notice violation. Failure to comply with the...

82-10-511. Remedies cumulative - 82-10-511. Remedies cumulative. The remedies provided by this part do...

Part 6. Disclosure of Fracturing Fluids

82-10-601. Legislative findings -- purpose - 82-10-601. Legislative findings -- purpose. The purpose of this part...

82-10-602. Definitions - 82-10-602. Definitions. For the purposes of this part, the following...

82-10-603. Fracturing fluid disclosure -- requirements - 82-10-603. Fracturing fluid disclosure -- requirements. (1) The board of...

82-10-604. Confidentiality request for trade secrets - 82-10-604. Confidentiality request for trade secrets. (1) (a) If the...

Chapter 11. Oil and Gas Conservation

Part 1. Regulation by Board of Oil and Gas Conservation

82-11-101. Definitions - 82-11-101. (Temporary) Definitions. As used in this chapter, unless the...

82-11-102. Oil or gas wells not public utilities - 82-11-102. Oil or gas wells not public utilities. Nothing in...

82-11-103. Lands subject to law - 82-11-103. Lands subject to law. This chapter applies to all...

82-11-104. Construction -- no conflict with board of land commissioners' authority - 82-11-104. (Temporary) Construction -- no conflict with board of land...

82-11-105. through 82-11-109 reserved - 82-11-105 through 82-11-109 reserved.

82-11-110. Oil and gas education and research account - 82-11-110. Oil and gas education and research account. There is...

82-11-111. Powers and duties of board - 82-11-111. (Temporary) Powers and duties of board. (1) The board...

82-11-112. Intergovernmental cooperation - 82-11-112. Intergovernmental cooperation. Subject to the provisions of 76-2-109, the...

82-11-113. Repealed - 82-11-113. Repealed. Sec. 8, Ch. 34, L. 1997. History: En....

82-11-114. Repealed - 82-11-114. Repealed. Sec. 8, Ch. 34, L. 1997. History: En....

82-11-115. Repealed - 82-11-115. Repealed. Sec. 8, Ch. 34, L. 1997. History: En....

82-11-116. Repealed - 82-11-116. Repealed. Sec. 8, Ch. 34, L. 1997. History: En....

82-11-117. Confidentiality of records - 82-11-117. Confidentiality of records. (1) Except as provided in subsection...

82-11-118. Fees for processing applications - 82-11-118. (Temporary) Fees for processing applications. (1) The board shall...

82-11-119. and 82-11-120 reserved - 82-11-119 and 82-11-120 reserved.

82-11-121. Oil and gas waste prohibited - 82-11-121. Oil and gas waste prohibited. Waste of oil and...

82-11-122. Notice of intention to drill or conduct seismic operations -- notice to surface owner - 82-11-122. (Temporary) Notice of intention to drill or conduct seismic...

82-11-123. Requirements for oil and gas operations - 82-11-123. (Temporary) Requirements for oil and gas operations. Subject to...

82-11-124. Requirements relating to waste prevention - 82-11-124. Requirements relating to waste prevention. Subject to the administrative...

82-11-125. Availability of cores or chips, cuttings, and bottom-hole temperatures to board - 82-11-125. Availability of cores or chips, cuttings, and bottom-hole temperatures...

82-11-126. Availability of facilities to bureau of mines - 82-11-126. Availability of facilities to bureau of mines. The board...

82-11-127. Prohibited activity -- Makoshika state park - 82-11-127. (Temporary) Prohibited activity -- Makoshika state park. (1) A...

82-11-128. through 82-11-130 reserved - 82-11-128 through 82-11-130 reserved.

82-11-131. Privilege and license tax - 82-11-131. Privilege and license tax. (1) For the purpose of...

82-11-132. Repealed - 82-11-132. Repealed. Sec. 50, Ch. 451, L. 1995. History: En....

82-11-133. Repealed - 82-11-133. Repealed. Sec. 50, Ch. 451, L. 1995. History: En....

82-11-134. Permit fees - 82-11-134. Permit fees. In addition to the privilege and license...

82-11-135. Money earmarked for board expenses - 82-11-135. Money earmarked for board expenses. The state treasurer shall...

82-11-136. Expenditure of funds from bonds for plugging wells - 82-11-136. (Temporary) Expenditure of funds from bonds for plugging wells....

82-11-137. Class II injection well operating fee - 82-11-137. (Temporary) Class II injection well operating fee. (1) For...

82-11-138. Rulemaking -- microbial conversion wells - 82-11-138. Rulemaking -- microbial conversion wells. The board may adopt...

82-11-139. and 82-11-140 reserved - 82-11-139 and 82-11-140 reserved.

82-11-141. Administrative procedure - 82-11-141. Administrative procedure. (1) Unless otherwise provided, the Montana Administrative...

82-11-142. Subpoena power -- civil actions - 82-11-142. Subpoena power -- civil actions. (1) If the Montana...

82-11-143. Rehearing - 82-11-143. Rehearing. A person adversely affected by a rule or...

82-11-144. Court review - 82-11-144. Court review. Any interested person adversely affected by any...

82-11-145. Injunction or restraining order - 82-11-145. Injunction or restraining order. (1) A temporary restraining order...

82-11-146. Appeal - 82-11-146. Appeal. An appeal to the supreme court may be...

82-11-147. Violations - 82-11-147. Violations. (1) Notwithstanding any other provisions of this chapter,...

82-11-148. Criminal penalties - 82-11-148. Criminal penalties. A person is guilty of a misdemeanor...

82-11-149. Civil penalties - 82-11-149. Civil penalties. (1) A person is guilty of a...

82-11-150. Legal assistance - 82-11-150. Legal assistance. When requested by the board, the attorney...

82-11-151. Emergencies -- notice and hearing - 82-11-151. Emergencies -- notice and hearing. (1) Notwithstanding any other...

82-11-152. through 82-11-160 reserved - 82-11-152 through 82-11-160 reserved.

82-11-161. Oil and gas production damage mitigation account -- statutory appropriation - 82-11-161. (Temporary) Oil and gas production damage mitigation account --...

82-11-162. Repealed - 82-11-162. Repealed. Sec. 8, Ch. 34, L. 1997. History: En....

82-11-163. Landowner's bond on noncommercial well - 82-11-163. (Temporary) Landowner's bond on noncommercial well. If the owner...

82-11-164. Lien created - 82-11-164. Lien created. (1) The oil and gas production damage...

82-11-165. through 82-11-170 reserved - 82-11-165 through 82-11-170 reserved.

82-11-171. Terminated - 82-11-171. Terminated. Sec. 39, Ch. 15, Sp. L. July 1992....

82-11-172. Short title - 82-11-172. Short title. Sections 82-11-172 through 82-11-174 may be known...

82-11-173. Legislative findings -- purpose - 82-11-173. Legislative findings -- purpose. (1) The legislature finds that...

82-11-174. Offset permitting -- geographic requirements - 82-11-174. Offset permitting -- geographic requirements. The board is authorized...

82-11-175. Coal bed methane wells -- requirements - 82-11-175. Coal bed methane wells -- requirements. (1) Coal bed...

82-11-176. through 82-11-179 reserved - 82-11-176 through 82-11-179 reserved.

82-11-180. Preservation of property rights - 82-11-180. Preservation of property rights. (1) Title 82, chapter 11,...

82-11-181. Geologic storage reservoir administrative fee -- account established - 82-11-181. (Effective on occurrence of contingency) Geologic storage reservoir administrative...

82-11-182. Liability for carbon dioxide during injection - 82-11-182. (Effective on occurrence of contingency) Liability for carbon dioxide...

82-11-183. Certificate of completion -- department of environmental quality participation -- transfer of liability - 82-11-183. (Effective on occurrence of contingency) Certificate of completion --...

82-11-184. Conversion of enhanced recovery wells - 82-11-184. (Effective on occurrence of contingency) Conversion of enhanced recovery...

82-11-185. Makoshika state park requirements - 82-11-185. (Effective on occurrence of contingency) Makoshika state park requirements....

82-11-186. and 82-11-187 reserved - 82-11-186 and 82-11-187 reserved.

82-11-188. Incidental carbon dioxide storage -- certification - 82-11-188. Incidental carbon dioxide storage -- certification. (1) An operator...

Part 2. Unit Operations

82-11-201. Establishment of well spacing units - 82-11-201. (Temporary) Establishment of well spacing units. (1) To prevent...

82-11-202. Pooling of interest within spacing unit - 82-11-202. Pooling of interest within spacing unit. (1) (a) When...

82-11-203. Pooling agreements not in violation of antitrust laws - 82-11-203. Pooling agreements not in violation of antitrust laws. (1)...

82-11-204. Hearing on operation of pool as unit - 82-11-204. (Temporary) Hearing on operation of pool as unit. (1)...

82-11-205. Board order for unit operation -- criteria - 82-11-205. (Temporary) Board order for unit operation -- criteria. The...

82-11-206. Terms and conditions of plan for unit operations - 82-11-206. Terms and conditions of plan for unit operations. The...

82-11-207. Approval of plan for unit operations by persons paying costs - 82-11-207. Approval of plan for unit operations by persons paying...

82-11-208. Board orders -- amendment - 82-11-208. Board orders -- amendment. An order providing for unit...

82-11-209. Units established by previous order - 82-11-209. Units established by previous order. The board may provide...

82-11-210. Unit operations -- less than whole of pool - 82-11-210. Unit operations -- less than whole of pool. An...

82-11-211. Operations considered as done by all owners in unit - 82-11-211. Operations considered as done by all owners in unit....

82-11-212. Property rights and operator's lien - 82-11-212. Property rights and operator's lien. That portion of the...

82-11-213. Contract not terminated by board order - 82-11-213. Contract not terminated by board order. A division order...

82-11-214. Title to oil and gas rights not affected by board order - 82-11-214. (Temporary) Title to oil and gas rights not affected...

82-11-215. Unit operation not restraint of trade - 82-11-215. Unit operation not restraint of trade. The formation of...

82-11-216. No creation of relationship between parties in unit - 82-11-216. No creation of relationship between parties in unit. The...

Part 3. Interstate Oil and Gas Conservation Compact

82-11-301. Authorization to join interstate compact for conservation of oil and gas - 82-11-301. Authorization to join interstate compact for conservation of oil...

82-11-302. Interstate oil and gas compact - 82-11-302. Interstate oil and gas compact. The Interstate Compact To...

82-11-303. Extension of expiration date - 82-11-303. Extension of expiration date. The governor of Montana is...

82-11-304. Governor as member of interstate oil compact commission - 82-11-304. Governor as member of interstate oil compact commission. The...

82-11-305. Limitation on power of representative - 82-11-305. Limitation on power of representative. This part may not...

82-11-306. Expenses of representative - 82-11-306. Expenses of representative. The representative or the assistant representative...

Chapter 15. Regulation of Petroleum Products

Part 1. Regulation of Manufacture and Distribution

82-15-101. Definitions - 82-15-101. Definitions. As used in this part, the following definitions...

82-15-102. Enforcement of part -- rules - 82-15-102. Enforcement of part -- rules. (1) Except as provided...

82-15-103. Standards and specifications for petroleum products - 82-15-103. Standards and specifications for petroleum products. The standards and...

82-15-104. Departments authorized to employ laboratory for testing - 82-15-104. Departments authorized to employ laboratory for testing. The department...

82-15-105. Licenses and fees -- status of license on transfer of ownership - 82-15-105. Licenses and fees -- status of license on transfer...

82-15-106. Refusing, suspending, and revoking licenses -- hearing required - 82-15-106. Refusing, suspending, and revoking licenses -- hearing required. The...

82-15-107. Inspections, sampling, and tests by department to insure compliance with part - 82-15-107. Inspections, sampling, and tests by department to insure compliance...

82-15-108. Approved measure required for part delivery - 82-15-108. Approved measure required for part delivery. Part of a...

82-15-109. Full compartment sales -- approval of meter - 82-15-109. Full compartment sales -- approval of meter. Full compartment...

82-15-110. Unlawful acts - 82-15-110. Unlawful acts. It is unlawful to: (1) use any...

82-15-111. Penalty for violations - 82-15-111. Penalty for violations. A person who purposely, knowingly, or...

82-15-112. Injunction against violations - 82-15-112. Injunction against violations. The department may apply to any...

82-15-113. Refilling of liquefied petroleum product containers -- unlawful acts - 82-15-113. Refilling of liquefied petroleum product containers -- unlawful acts....

82-15-114. Violation -- penalty - 82-15-114. Violation -- penalty. A person who violates 82-15-113 is...

82-15-115. Owner identification - 82-15-115. Owner identification. The owner of a liquefied petroleum product...

82-15-116. through 82-15-119 reserved - 82-15-116 through 82-15-119 reserved.

82-15-120. Department of environmental quality to enforce prohibition on methyl tertiary butyl ether -- notice requirements -- hearing -- penalties - 82-15-120. Department of environmental quality to enforce prohibition on methyl...

82-15-121. Repealed - 82-15-121. Repealed. Sec. 2, Ch. 15, L. 2017. History: En....

82-15-122. Repealed - 82-15-122. Repealed. Sec. 2, Ch. 15, L. 2017. History: En....

Part 2. Price Discrimination

82-15-201. Standard petroleum product defined - 82-15-201. Standard petroleum product defined. The term "standard petroleum product"...

82-15-202. Purpose - 82-15-202. Purpose. This part is intended to compel a person,...

82-15-203. Discrimination in price of petroleum products - 82-15-203. Discrimination in price of petroleum products. (1) Any person,...

82-15-204. Investigation of complaints -- revocation of license - 82-15-204. Investigation of complaints -- revocation of license. If a...

82-15-205. County attorney to prosecute violations - 82-15-205. County attorney to prosecute violations. If a person presents...

82-15-206. Penalty - 82-15-206. Penalty. Any person, firm, company, association, or corporation violating...

82-15-207. Liability for civil and exemplary damages - 82-15-207. Liability for civil and exemplary damages. In addition to...

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Montana Code Annotated Title 82. Minerals, Oil, and Gas

Montana Code Annotated
Title 82. Minerals, Oil, and Gas