Mont. Code Ann. § 82-4-203

(1) "Abandoned" means an operation in which a mineral is not being produced and that the department determines will not continue or resume operation.

(10) "Contour strip mining" "Board" means that strip-mining method commonly carried out in the areas board of rough and hilly topography environmental review provided for in which the coal or mineral seam outcrops along the side of the slope and entrance 2-15-3502. is made to the seam by excavating a bench or table cut at and along the site of the seam outcropping, with the excavated overburden commonly being cast down the slope below the mineral seam and the operating bench.

(11) "Degree" "Coal conservation plan" means a the measurement from the horizontal. In each case, the measurement is subject to planned course a of tolerance conduct of 5% error. a strip- or underground-mining operation and includes plans for the removal and use of minable and marketable coal located within the area planned to be mined.

(12) "Department" means the department of environmental quality provided for in 2-15-3501.

(12) (a) "Coal preparation" means the chemical or physical processing of coal and its cleaning, concentrating, or other processing or preparation.

(b) The term does not mean the conversion of coal to another energy form or to a gaseous or liquid hydrocarbon, except for incidental amounts that do not leave the plant, nor does the term mean processing for other than commercial purposes.

(13) "Failure to conserve coal" "Coal preparation plant" means the nonremoval or nonutilization of minable and marketable a commercial facility where coal by an operation. However, the nonremoval or nonutilization of minable and marketable is subject to coal that occurs because of compliance preparation. The term includes commercial facilities associated with reclamation standards established by the department coal preparation activities but is not considered failure limited to conserve coal. loading buildings, water treatment facilities, water storage facilities, settling basins and impoundments,

(14) "Fill bench" "Contour strip mining" means that portion strip-mining method commonly carried out in areas of a bench rough and hilly topography in which the coal or table that is formed by depositing overburden beyond or downslope from mineral seam outcrops along the cut section as formed in side the of contour method of strip mining. the slope and entrance are made to the seam by excavating a bench or table cut at and along the site of the seam outcropping, with the excavated overburden commonly being cast down the slope below the mineral seam and the operating bench.

(15) "Imminent danger to "Cropland" the means health and safety land used for of the the public" means the existence production of any condition adapted crops for harvest, alone or practice or any violation of a permit or other requirement of this part in a strip- or underground-coal-mining rotation with grasses and reclamation operation legumes, that could reasonably be expected to cause substantial physical harm to persons outside the permit area include row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar before the condition, practice, or violation can be abated. A reasonable expectation of death or crops. serious injury before abatement exists if a rational person, subjected to the same conditions or practices giving rise to the peril, would not willingly be exposed to the danger during the time necessary for abatement.

(16) "Marketable coal" "Degree" means a minable coal that measurement from the horizontal. In each case, the measurement is economically feasible subject to mine and is fit for sale in the usual course a tolerance of

(17) "Method "Department" of means operation" means the method or manner by which the cut, open pit, shaft, or excavation is made, the department of environmental quality provided for in 2-15-3501. overburden is placed or handled, water is controlled, and other acts are performed by the operator in the process of uncovering and removing the minerals that affect the reclamation of the area of land affected.

(18) "Minable coal" "Developed water resources" means that coal that can be removed through strip- or underground-mining methods adaptable to the location land used for storing water for beneficial uses, such as stockponds, irrigation, fire protection, flood that coal is being mined or is planned to be mined. control, and water supply.

(19) "Mineral" "Ephemeral drainageway" means coal and uranium. a drainageway that flows only in response to precipitation in the immediate watershed or in response to the melting of snow or ice and is always above the local water table.

(2) "Adjacent area" means the area outside the permit area where a resource or resources, determined in the context in which the term is used, are or could reasonably be expected to be adversely affected by proposed mining operations, including probable impacts from underground workings.

(2) (a) "Alluvial valley floor" means the unconsolidated stream-laid deposits holding streams where water availability is sufficient for subirrigation or flood irrigation agricultural activities.

(b) The term does not include upland areas that are generally overlain by a thin veneer of colluvial deposits composed chiefly of debris from sheet erosion, deposits by unconcentrated runoff or slope wash, together with talus, other mass movement accumulation, and windblown deposits.

(20) "Operation" means: "Failure to conserve coal" means the nonremoval or nonuse of minable and marketable coal by an operation. However, the nonremoval or nonuse of minable and marketable coal that occurs because of compliance with reclamation standards established by the department is not considered failure to conserve coal.

(a) all of the premises, facilities, railroad loops, roads, and equipment used in the process of producing and removing mineral from and reclaiming a designated strip-mine or underground-mine area, including coal preparation plants; and

(b) all activities, including excavation incident to operations, or prospecting for the purpose of determining the location, quality, or quantity of a natural mineral deposit.

(21) "Operator" "Fill bench" means that portion of a person engaged in: bench or table that is formed by depositing overburden beyond or downslope from the cut section as formed in the contour method of strip mining.

(a) strip mining or underground mining who removes or intends to remove more than 10,000 cubic yards of mineral or overburden;

(b) coal mining who removes or intends to remove more than 250 tons of coal from the earth by mining within 12 consecutive calendar months in any one location;

(c) operating a coal preparation plant; or

(d) uranium mining using in situ methods.

(22) "Overburden" means: "Fish and wildlife habitat" means land dedicated wholly or partially to the production, protection, or management of species of fish or wildlife.

(a) all of the earth and other materials that lie above a natural mineral deposit; and

(b) the earth and other material after removal from their natural state in the process of mining.

(23) "Person" "Forestry" means a person, partnership, corporation, association, land used or other legal entity managed for or the any political subdivision long-term production or of agency of the state wood, wood

(24) "Prime farmland" "Grazing land" means land that: used for grasslands and forest lands where the indigenous vegetation is actively managed for livestock grazing or browsing or occasional hay production.

(a) meets the criteria for prime farmland prescribed by the United States secretary of agriculture in the Federal Register; and

(b) historically has been used for intensive agricultural purposes.

(25) "Prospecting" means: "Higher or better uses" means postmining land uses that have a higher economic value or noneconomic benefit to the landowner or the community than the premining land uses.

(a) the gathering of surface or subsurface geologic, physical, or chemical data by mapping, trenching, or geophysical or other techniques necessary to determine:

(i) the quality and quantity of overburden in an area; or

(ii) the location, quantity, or quality of a mineral deposit; or

(b) the gathering of environmental data to establish the conditions of an area before beginning strip- or underground-coal-mining and reclamation operations under this part.

(26) "Reclamation" "Hydrologic balance" means backfilling, subsidence stabilization, the relationship between the quality water and control, grading, highwall reduction, topsoiling, planting, revegetation, quantity and of other work to restore an area of land affected by strip mining or underground mining water inflow to, water outflow from, and water storage in under a plan approved by the department. hydrologic unit, such as a drainage basin, aquifer, soil zone, lake, or reservoir, and encompasses the dynamic relationships among precipitation, runoff, evaporation, and changes in ground water and surface water

(27) "Remining" means conducting surface coal mining "Imminent danger to the health and reclamation operations that affect previously mined areas (for example, safety the of recovery the public" means the existence of additional mineral from existing gob any condition or tailings piles). practice or any violation of a permit or other requirement of this part in a strip- or underground-coal-mining and reclamation operation that could reasonably be expected to cause substantial physical harm to persons outside the permit area before the condition, practice, or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same conditions or practices giving rise to the peril, would not willingly be exposed to the danger during the time necessary for abatement.

(28) "Incidental boundary revision" means a change in the permit boundary necessary for reasons unforeseen in the original permit application that is small in relation to the original or amended permit area with insignificant impacts relative to the entire operation.

(28) (a) "Strip mining" means any part of the process followed in the production of mineral by the opencut method, including mining by the auger method or any similar method that penetrates a mineral deposit and removes mineral directly through a series of openings made by a machine that enters the deposit from a surface excavation or any other mining method or process in which the strata or overburden is removed or displaced in order to recover the mineral.

(b) For the purposes of this part only, strip mining also includes remining and coal preparation.

(c) The terms "remining" and "coal preparation" are not included in the definition of "strip mining" for purposes of Title 15, chapter 35, part 1.

(29) "Subsidence" "Industrial or commercial" means a vertically downward movement of overburden materials resulting from the actual mining of an underlying land used for: mineral deposit or associated underground excavations.

(a) extraction or transformation of materials for fabrication of products, wholesaling of products, or long-term storage of products. This includes all heavy and light manufacturing facilities.

(b) retail or trade of goods or services, including hotels, motels, stores, restaurants, and other commercial establishments.

(3) "Aquifer" "Affected drainage basin" means any geologic formation or natural zone beneath the earth's an area of land where surface that contains or stores water and transmits it from one point to another in quantities that permit or have the potential ground to permit economic development as a water source. quality and quantity are affected by mining activities and where they drain to a common point.

(30) "Surface owner" means:

(30) (a) "In situ coal gasification" means a person who holds legal or equitable title to the land surface and whose principal place method of residence is on the land; in-place coal mining where limited quantities of overburden are disturbed to install a conduit or well and coal is mined by injecting or recovering a liquid, solid, sludge, or gas that causes the leaching, dissolution, gasification, liquefaction, or extraction of the coal.

(b) a person who personally conducts farming or ranching operations upon a farm or ranch unit In situ coal gasification does not include the storage of carbon dioxide in a geologic to be directly affected by strip-mining operations storage reservoir, the primary or who receives directly a significant portion enhanced recovery of income, if any, from farming naturally occurring oil and gas, or ranching operations; or any related process regulated by the board of oil and gas conservation pursuant to Title 82,

(c) the state of Montana when the state owns the surface.

(31) "Topsoil" "Intermittent stream" means the unconsolidated mineral matter a stream or reach that of a stream is that naturally present on is below the surface water table for at least some part of the earth, year that and has been subjected to that obtains its flow from both ground water discharge and influenced by genetic and environmental factors of parent material, climate, macroorganisms and microorganisms, and topography, surface runoff. all acting over a period of time, and that is necessary for the growth and regeneration of vegetation on the surface of the earth.

(32) "Underground mining" "Land use" means any part of specific uses or management-related activities, rather than the process that is followed in vegetative cover the of production of a mineral and that the land. Land uses vertical may be identified in combination when joint or horizontal shafts, slopes, drifts, or incline planes connected with excavations penetrating the mineral stratum or seasonal uses occur and may include land used for support facilities that are an integral strata. The term includes mining by in situ methods. part of the land use. Land use categories include cropland, developed water resources, fish and wildlife habitat, forestry, grazing land, industrial or commercial, pastureland, land occasionally cut for hay, recreation, or residential.

(33) "Unwarranted failure to comply" means: "Major revision" means a change in the mining or reclamation plan that:

(a) significantly changes the failure of a permittee to prevent postmining drainage plan, the occurrence overall postmining land use, of or any violation the bonding level of a permit the permitted area; or any requirement of this part because of indifference, lack of diligence, or lack of reasonable care;

(b) adversely affects the failure to abate any violation reclaimability of a permit the area or of this part because of indifference, lack of diligence, the hydrologic balance on or lack of reasonable care. off the permitted

(34) "Waiver" "Marketable coal" means a document minable coal that demonstrates the clear intention is economically feasible to release rights mine and is fit in for sale in the surface estate for the purpose usual course of permitting the extraction

(35) "Written consent" means a statement that is executed by the owner of the surface estate "Material damage" means: and that is written on a form approved by the department to demonstrate that the owner consents to entry of an operator for the purpose of conducting strip-mining operations and that the consent is given only to strip-mining and reclamation operations that fully comply with the terms and requirements of this part.

(a) with respect to the hydrologic balance outside the permit area, a quantifiable adverse impact from surface coal mining and reclamation operations on the quality or quantity of surface water or ground water that precludes an existing or reasonably foreseeable use of surface water or ground water outside the permit area. A quantifiable adverse impact is an effect that can be quantified and measured to a significant degree of confidence. Existing or reasonably foreseeable uses of surface water or ground water are those beneficial uses recognized in the classification of state waters pursuant to Title 75, chapter 5, part 3.

(b) with respect to an alluvial valley floor, degradation or reduction by coal mining and reclamation operations of the water quality or quantity supplied to the alluvial valley floor that significantly decreases the capability of the alluvial valley floor to support agricultural activities; and

(c) with respect to subsidence caused by underground coal mining:

(i) a functional impairment of surface lands, features, structures, or facilities;

(ii) a physical change that has a significant adverse impact on the affected land's capability to support any current or reasonably foreseeable uses or causes significant loss in production or income; or

(iii) a significant change in the condition, appearance, or utility of a structure or facility from its presubsidence condition.

(36) "Method of operation" means the method or manner by which the cut, open pit, shaft, or excavation is made, the overburden is placed or handled, water is controlled, and other acts are performed by the operator in the process of uncovering and removing the minerals that affect the reclamation of the area of land affected.

(37) "Minable coal" means that coal that can be removed through strip- or underground-mining methods adaptable to the location that coal is being mined or is planned to be mined.

(38) "Mineral" means coal and uranium.

(39) "Minor revision" means a change to the mining or reclamation plan that increases the area of land affected by mining activities within a permitted area by a total of less than 320 acres from the amount initially approved and does not significantly increase the impact of the permitted disturbance. The term includes expansion into an adjacent permitted area provided the expansion does not significantly increase the impact from either permitted area.

(4) (a) "Area of land affected" "Alluvial valley floor" means the area of land from which overburden unconsolidated stream-laid deposits holding streams where water availability is to be sufficient for subirrigation or has been removed and upon which the overburden is to be or has been deposited. flood irrigation agricultural activities.

(b) The term includes: does not include upland areas that are generally overlain by a thin veneer of colluvial deposits composed chiefly of debris from sheet erosion and deposits by unconcentrated runoff or slope wash, together with talus, other mass movement accumulation, and windblown deposits.

(i) all land overlying any tunnels, shafts, or other excavations used to extract the mineral;

(ii) lands affected by the construction of new railroad loops and roads or the improvement or use of existing railroad loops and roads to gain access and to haul the mineral;

(iii) processing facilities at or near the mine site or other mine-associated facilities, waste deposition areas, treatment ponds, and any other surface or subsurface disturbance associated with strip mining or underground mining; and

(iv) all activities necessary and incident to the reclamation of the mining operations.

(40) "Operation" means:

(a) all of the premises, facilities, railroad loops, roads, and equipment used in the process of producing and removing mineral from and reclaiming a designated strip-mine or underground-mine area, including coal preparation plants; and

(b) all activities, including excavation incident to operations, or prospecting for the purpose of determining the location, quality, or quantity of a natural mineral deposit.

(41) "Operator" means a person engaged in:

(a) strip mining or underground mining who removes or intends to remove more than 10,000 cubic yards of mineral or overburden;

(b) coal mining who removes or intends to remove more than 250 tons of coal from the earth by mining within 12 consecutive calendar months in any one location;

(c) operating a coal preparation plant; or

(d) uranium mining using in situ methods.

(42) "Overburden" means:

(a) all of the earth and other materials that lie above a natural mineral deposit; and

(b) the earth and other material after removal from their natural state in the process of mining.

(43) "Pastureland" means land used primarily for the long-term production of adapted, domesticated forage plants to be grazed by livestock or occasionally cut and cured for livestock feed.

(44) "Perennial stream" means a stream or part of a stream that flows continuously during all of the calendar year as a result of ground water discharge or surface runoff.

(45) "Person" means a person, partnership, corporation, association, or other legal entity or any political subdivision or agency of the state or federal government.

(46) "Prime farmland" means land that:

(a) meets the criteria for prime farmland prescribed by the United States secretary of agriculture in the Federal Register; and

(b) historically has been used for intensive agricultural purposes.

(47) "Prospecting" means:

(a) the gathering of surface or subsurface geologic, physical, or chemical data by mapping, trenching, or geophysical or other techniques necessary to determine:

(i) the quality and quantity of overburden in an area; or

(ii) the location, quantity, or quality of a mineral deposit; or

(b) the gathering of environmental data to establish the conditions of an area before beginning strip- or underground-coal-mining and reclamation operations under this part.

(48) "Reclamation" means backfilling, subsidence stabilization, water control, grading, highwall reduction, topsoiling, planting, revegetation, and other work conducted on lands affected by strip mining or underground mining under a plan approved by the department to make those lands capable of supporting the uses that those lands were capable of supporting prior to any mining or to higher or better uses.

(49) "Recovery fluid" means any material that flows or moves, whether in semisolid, liquid, sludge, gas, or some other form or state, used to dissolve, leach, gasify, or extract coal.

(5) "Bench" "Amendment" means a change the in ledge, shelf, table, or the terrace formed in mine or reclamation plan that increases the contour method of strip mining. operation's permitted boundaries. The term includes major revisions but does not include incidental boundary revisions or minor revisions.

(50) "Recreation" means land used for public or private leisure-time activities, including developed recreation facilities, such as parks, camps, and amusement areas, as well as areas for less intensive uses, such as hiking, canoeing, and other undeveloped recreational uses.

(51) "Reference area" means a land unit maintained under appropriate management for the purpose of measuring vegetation ground cover, productivity, and plant species diversity that are produced naturally or by crop production methods approved by the department. Reference areas must be representative of geology, soil, slope, and vegetation in the permit area.

(52) "Remining" means conducting surface coal mining and reclamation operations that affect previously mined areas (for example, the recovery of additional mineral from existing gob or tailings piles).

(53) "Residential" means land used for single- and multiple-family housing, mobile home parks, or other residential lodgings.

(54) "Restore" or "restoration" means reestablishment after mining and reclamation of the land use that existed prior to mining or to higher or better uses.

(55) (a) "Strip mining" means any part of the process followed in the production of mineral by the opencut method, including mining by the auger method or any similar method that penetrates a mineral deposit and removes mineral directly through a series of openings made by a machine that enters the deposit from a surface excavation or any other mining method or process in which the strata or overburden is removed or displaced in order to recover the mineral.

(b) For the purposes of this part only, strip mining also includes remining and coal preparation.

(c) The terms "remining" and "coal preparation" are not included in the definition of "strip mining" for purposes of Title 15, chapter 35, part 1.

(56) "Subsidence" means a vertically downward movement of overburden materials resulting from the actual mining of an underlying mineral deposit or associated underground excavations.

(57) "Surface owner" means:

(a) a person who holds legal or equitable title to the land surface;

(b) a person who personally conducts farming or ranching operations upon a farm or ranch unit to be directly affected by strip-mining operations or who receives directly a significant portion of income from farming or ranching operations;

(c) the state of Montana when the state owns the surface; or

(d) the appropriate federal land management agency when the United States government owns the surface.

(58) "Topsoil" means the unconsolidated mineral matter that is naturally present on the surface of the earth, that has been subjected to and influenced by genetic and environmental factors of parent material, climate, macroorganisms and microorganisms, and topography, all acting over a period of time, and that is necessary for the growth and regeneration of vegetation on the surface of the earth.

(59) "Underground mining" means any part of the process that is followed in the production of a mineral and that uses vertical or horizontal shafts, slopes, drifts, or incline planes connected with excavations penetrating the mineral stratum or strata. The term includes mining by in situ methods.

(6) "Board" "Approximate original contour" means that surface configuration achieved by backfilling and grading the of board of environmental review provided for in 2-15-3502. the mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls, spoil piles, and coal refuse piles eliminated, so that:

(a) the reclaimed terrain closely resembles the general surface configuration if it is comparable to the premine terrain. For example, if the area was basically level or gently rolling before mining, it should retain these features after mining, recognizing that rolls and dips need not be restored to their original locations and that level areas may be increased.

(b) the reclaimed area blends with and complements the drainage pattern of the surrounding area so that water intercepted within or from the surrounding terrain flows through and from the reclaimed area in an unobstructed and controlled manner;

(c) postmining drainage basins may differ in size, location, configuration, orientation, and density of ephemeral drainageways compared to the premining topography if they are hydrologically stable, soil erosion is controlled to the extent appropriate for the postmining land use, and the hydrologic balance is protected; and

(d) the reclaimed surface configuration is appropriate for the postmining land use.

(60) "Unwarranted failure to comply" means:

(a) the failure of a permittee to prevent the occurrence of any violation of a permit or any requirement of this part because of indifference, lack of diligence, or lack of reasonable care; or

(b) the failure to abate any violation of a permit or of this part because of indifference, lack of diligence, or lack of reasonable care.

(61) "Waiver" means a document that demonstrates the clear intention to release rights in the surface estate for the purpose of permitting the extraction of subsurface minerals by strip-mining methods.

(62) "Wildlife habitat enhancement feature" means a component of the reclaimed landscape, established in conjunction with land uses other than fish and wildlife habitat, for the benefit of wildlife species, including but not limited to tree and shrub plantings, food plots, wetland areas, water sources, rock outcrops, microtopography, or raptor perches.

(63) "Written consent" means a statement that is executed by the owner of the surface estate and that is written on a form approved by the department to demonstrate that the owner consents to entry of an operator for the purpose of conducting strip-mining operations and that the consent is given only to strip-mining and reclamation operations that fully comply with the terms and requirements of this part.

(7) "Coal conservation plan" "Aquifer" means any geologic formation the or planned course of conduct of a strip- natural zone beneath or the underground-mining operation earth's surface that contains or stores water and includes plans for the removal and use of minable and marketable coal located within the transmits it from one point area planned to be mined. another in quantities that permit

(8) (a) "Coal preparation" "Area means of land affected" means the chemical area or of physical processing of coal and its cleaning, concentrating, land from which overburden is to be or other processing or preparation. has been removed and upon which the overburden is to be or has been deposited.

(b) The term does not mean the conversion of coal to another energy form or to a gaseous includes: or liquid hydrocarbon, except for incidental amounts that do not leave the plant, nor does the term mean processing for other than commercial purposes.

(i) all land overlying any tunnels, shafts, or other excavations used to extract the mineral;

(ii) lands affected by the construction of new railroad loops and roads or the improvement or use of existing railroad loops and roads to gain access and to haul the mineral;

(iii) processing facilities at or near the mine site or other mine-associated facilities, waste deposition areas, treatment ponds, and any other surface or subsurface disturbance associated with strip mining or underground mining; and

(iv) all activities necessary and incident to the reclamation of the mining operations.

(9) "Coal preparation plant" "Bench" means a commercial facility where coal is subject to coal preparation. The term includes commercial facilities the ledge, shelf, table, or terrace formed in the contour method of strip mining. associated with coal preparation activities but is not limited to loading buildings, water treatment facilities, water storage facilities, settling basins and impoundments, and coal processing and other waste disposal areas.

Definitions

Unless the context requires otherwise, in this part, part the following definitions apply:

2025 amendments to definition of material damage void on occurrence of contingency--sec. 4, Ch. 464, L. 2025--see compiler's comment; the definitions of amendment, incidental boundary revision, major revision, and minor revision terminate on occurrence of contingency--sec. 6, Ch. 524, L. 2023.