Table of Contents TITLE 82. MINERALS, OIL, AND GAS CHAPTER 4. RECLAMATION Part 3. Metal Mine Reclamation
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4 82-4-301 1 82-4-302 3 82-4-303 82-4-304 82-4-305 82-4-306 82-4-307 82-4-308 82-4-309 82-4-310 82-4-311 82-4-312 1 82-4-313 82-4-314 82-4-315 82-4-321 82-4-322 82-4-323 82-4-331 82-4-332 82-4-334 2 82-4-335 3 82-4-336 1 82-4-337 82-4-338 82-4-339 82-4-340 82-4-341 82-4-342 82-4-349 82-4-350 3 82-4-351 82-4-352 82-4-353 82-4-354 1 82-4-355 82-4-356 82-4-357 1 82-4-360 1 82-4-361 82-4-362 82-4-367 82-4-371 82-4-372 82-4-390

Mont. Code Ann. § 82-4-302

(2007)

Purpose

(1) The purposes of this part are to:

(a) fulfill the responsibilities and exercise the powers delegated by Article IX, section 1(3) and 2(1) of the Montana constitution;

(b) allow mining as an activity beneficial to the economy of Montana;

(c) allow the production of minerals to meet the needs of society and the economic demands of the marketplace;

(d) provide for reclamation that mitigates postreclamation visual contrasts between reclamation lands and adjacent lands;

(e) provide for reclamation that affords some utility to humans or the environment;

(f) prevent foreclosure of future access to mineral resources not fully developed by current mining operations;

(g) mitigate or prevent undesirable offsite environmental impacts; and

(h) provide authority for cooperation between private and governmental entities in carrying this part into effect.

(2) Although both the need for and the practicability of reclamation will control the type and degree of reclamation in any specific instance, the basic objective will be to establish, on a continuing basis, the vegetative cover, soil stability, water condition, and safety condition appropriate to any proposed subsequent use of the area.

Opinions construing this section

1 opinion
2024 MT 36 Feb 26, 2024 Reversed
Montana Trout Unlimited v. Tintina
Majority by Beth Baker · 5 to 2
ing mining as an economically beneficial and practical activity; mitigating or preventing harmful offsite environmental impacts; and providing for reclamation. Section 82-4-302, MCA. ¶15 In 2015, the Legislature revised MMRA to establish standards for tailings storage facilities.5 2015 Mont. Laws ch. 399. The standards make clear that t
2024 MT 36 Feb 26, 2024 Reversed
Montana Trout Unlimited v. Tintina
Dissenting by Ingrid Gustafson · 5 to 2
ional obligation to prevent unreasonable environmental degradation. See 2003 Mont. Laws ch. 361, § 5 (HB437); see also § 75-1-102(1), MCA (MEPA’s purpose), § 82-4-302, MCA (MMRA’s purpose), Park Cnty. Envtl. Council v. Mont. Dep’t of Envtl. Quality, 2020 MT 303, ¶ 67, 402 Mont. 168, 477 P.3d 288. ¶107 The proposed Black But
Official Annotations archive.org, 2007 edition
History:
En. Sec. 2, Ch. 252, L. 1971
R.C.M. 1947, 50-1202
Amd. Sec. 1, Ch. 7, Sp. L. May 2000
Source text on leg.mt.gov