Mont. Code Ann. § 82-4-434

(1) The operator shall department submit shall accept a reclamation plan to of operation if the department before commencing any opencut mining and may not commence mining before finds that the plan receives approval from complies with the department. The operator may request requirements of this part and receive a meeting with the department prior rules adopted pursuant to submission of this part and that after the plan. If opencut operation is completed, the department does not notify the operator that it has approved or disapproved affected land will be reclaimed to a productive use. Once plan the within 30 days after plan of operation the is department has received accepted by the plan, department, it becomes a part of the department permit but is considered subject to have approved annual review and amendment by the plan. The department, however, for sufficient cause, may extend its period of consideration for an department. Any amendment by additional 30 days if it notifies the operator prior to the department end must comply with of the the original 30-day period. The department shall submit each reclamation plan or amendments to the provisions of 82-4-436(2). reclamation plan to the landowner for recommendations and shall consider those recommendations in deciding whether to approve or disapprove any plan or amendments. The department may seek technical help from any state or federal agency. The board shall submit the plan immediately to the director of the university of Montana statewide archaeological survey for evaluation of possible archaeological or historical values in the area to be mined. The department may approve a reclamation plan only if the department has found that the plan provides for the best possible reclamation procedures available under the circumstances at the time, so that after mining operations are completed, the affected land will be reclaimed to a productive use. Once the reclamation plan is accepted in writing by the department, it must become a part of the contract but is subject to annual review and modification by the department.

(2) The department may not approve any reclamation A plan unless the plan provides: of operation must provide:

(a) that the affected land will be reclaimed for one or more specified uses, including but not limited to agriculture, forest, pasture, orchard, cropland, residence, recreation, industry, and habitat for wildlife, including food, cover, or water, or other reasonable, practical, and achievable uses;

(b) that to the extent reasonable soil and practicable, the operator other suitable overburden will establish vegetative cover commensurate with the proposed land use; be salvaged and replaced on affected land, when required by the postmining land use, after completion or termination of that particular phase of the opencut operation. The depth of soil and other suitable overburden to be placed on the reclaimed area must be specified in the plan.

(c) whenever operations that grading will result in a need postmining topography conducive to prevent acid drainage or sedimentation on or in adjoining lands or streams, for the construction of earth dams or other reasonable devices to control water drainage, provided the formation designated postmining land use; of the impoundments or devices will not interfere with other landowners' rights or contribute to water pollution;

(d) that to accomplish practical utilization of soil materials, the material waste will be utilized for placement buried on affected areas, if required by the reclamation plan after completion or termination of site in that a particular phase of manner that protects water quality and is compatible with the mining operations, at a depth sufficient for plant growth on slopes postmining land use of or 3:1 or less; will be disposed of off site in accordance with state laws and rules;

(e) that grading all access, haul, will and other support roads will be commensurate with the topography sought located, constructed, and land use designated; maintained in a manner that controls and minimizes erosion;

(f) that metal archaeological and other waste historical values on affected lands will be removed or buried; given legally required protection;

(g) that all access, haul, and other support roads will be located, constructed, and maintained in such except for those postmining land uses that do not require vegetation, each surface area of a manner as to control and minimize channeling and other erosion; the mined premises that will be disturbed will be revegetated when its use for the opencut operation is no longer required;

(h) that the operator seeding and planting will submit be done in a progress report annually manner to achieve a permanent vegetative cover that is suitable for the department; postmining land use and that retards erosion;

(i) that all operations reclamation will be conducted to avoid range as concurrent with the opencut operation as feasible and forest fires and spontaneous combustion and that open burning of will carbonaceous materials will be in accordance with suitable practices for fire prevention and control; completed within a specified length of time;

(j) a declaration by the operator that archaeological and historical values in areas to be mined the operator will be given appropriate protection; comply with applicable federal, state, county, or local regulations, ordinances, and permits, licenses, and approvals for the operation;

(k) that except for rock faces, bench faces, the construction and of excavations used for water impoundments, each surface area of berms between the mined premises that will be disturbed will be revegetated when its use for extractive purposes opencut operation and residences located within 300 feet of the permit boundary; and is no longer required;

(l) that seeding and planting will be done in a manner procedures to achieve a permanent suitable vegetative cover for wildlife, livestock, and retardation of erosion and prevent physical harm to water conveyance facilities or that all seed will be drilled unless otherwise provided in allow the plan; owner of a water conveyance facility to authorize in writing the relocation or disturbance of the

(m) that reclamation will be as concurrent with mining operations as feasible and will be completed within a specified length of time; and

(n) that surface water and ground water will be given appropriate protection, consistent with state law, from deterioration of water quality and quantity that may arise as a result of the operation.

(3) If reclamation according to the plan has of operation is not been completed in the time specified, the department after 30 days' written notice shall order the operator to cease mining and, if the may: operator does not cease, shall institute an action to enjoin further operation and may sue for damages for breach of contract, for payment of the performance bond, or for both.

(a) pursue an administrative order pursuant to 82-4-441;

(b) after 30 days' written notice, order the operator to cease mining and, if the operator does not cease, issue an order to reclaim, a notice of violation, or an order of abatement;

(c) institute an action to enjoin further operation; or

(d) on request of the operator:

(i) extend the timeframe for reclamation-only activities, including revegetation, up to 5 years by submitting the request on a form furnished by the department and provide an updated landowner consultation form and bond, as appropriate; or

(ii) change the postmine land use by submitting the request on a form furnished by the department and provide an updated landowner consultation form and bond, as appropriate.

(4) (a) At any time during the period term of reclamation, the permit, operator the operator may for good reason submit to the department a new reclamation plan or of operation or amendments to the existing plan, including extensions of time. time for reclamation.

(b) The department may approve the proposed new reclamation plan of operation or amendments to the existing plan if:

(i) the operator has in good faith carried on reclamation according to the new existing plan and of operation the or proposed new plan or amendments to comply with the existing plan will result in reclamation as or more desirable than the reclamation proposed under requirements of this section; and the existing plan; or

(ii) it is highly improbable reclamation will be successful unless the existing plan is replaced or amended.

(ii) (A) the operator has in good faith conducted opencut operations according to the existing plan of operation; or

(B) it is highly improbable that reclamation will be successful unless the existing plan of operation is replaced or amended.

(c) When accepted, the proposed new reclamation plan or the proposed amendments to the existing plan become a part of the contract.

(5) The operator shall provide a performance bond or an alternative acceptable to permit, plan of operation, and amendments accepted by the department in an amount commensurate with the estimated cost of reclamation, but in no case may are a public record and are open to inspection. the bond be less than $200 per acre. The estimated cost of reclamation must be set forth in the reclamation plan.

(6) The contract, reclamation plan, and amendments accepted by the department are a public record and are open to inspection.

(7) The contract is effective when signed by the department and the operator and remains in force until terminated by mutual consent or by the department upon 6 months' notice.

Reclamation plan part Plan of contract -- operation –

The contract must meet the following requirements: