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 — Legislative intent and fi... 1 82-4-302 — Purpose 3 82-4-303 — Definitions 82-4-304 — Exemption – works perform... 82-4-305 — Exemption – small miners... 82-4-306 — Confidentiality of applic... 82-4-307 — Review of existing files 82-4-308 — Release by waiver 82-4-309 — Exemption – operations on... 82-4-310 — Exemption – scale and typ... 82-4-311 — Disposition of fees, fine... 82-4-312 — Hard-rock mining reclamat... 1 82-4-313 — Hard-rock mining reclamat... 82-4-314 — Authorization for sale of... 82-4-315 — Hard-rock mining reclamat... 82-4-321 — Administration 82-4-322 — Investigations, research,... 82-4-323 — Interagency cooperation –... 82-4-331 — Exploration license requi... 82-4-332 — Exploration license 82-4-334 — Exception – geological ph... 2 82-4-335 — Operating permit – limita... 3 82-4-336 — Reclamation plan and spec... 1 82-4-337 — Inspection – issuance of... 82-4-338 — Performance bond 82-4-339 — Annual report of activiti... 82-4-340 — Successor operator 82-4-341 — Compliance – reclamation... 82-4-342 — Amendment to operating pe... 82-4-343 — Operating permit – rock p... 82-4-349 — Limitations of actions –... 82-4-350 — Award of costs and attorn... 3 82-4-351 — Reasons for denial of per... 82-4-352 — Reapplication with new re... 82-4-353 — Administrative remedies –... 82-4-354 — Mandamus to compel enforc... 1 82-4-355 — Action for damages to wat... 82-4-356 — Action in response to com... 82-4-357 — Abatement of environmenta... 1 82-4-360 — When activity prohibited... 1 82-4-361 — Violation – penalties – w... 82-4-362 — Suspension of permits – h... 82-4-367 — Long-term or perpetual wa... 82-4-371 — Reclamation of abandoned... 82-4-372 — Filing of lien for abando... 1 82-4-375 — Engineer of record – duti... 1 82-4-376 — Tailings storage facility... 1 82-4-377 — Independent review panel... 82-4-378 — Quality assurance during... 1 82-4-379 — Tailings operation, maint... 82-4-380 — Periodic review required 82-4-381 — Annual inspections 82-4-390 — Cyanide heap and vat leac...

Mont. Code Ann. § 82-4-339

(2023)

Annual report of activities by permittee – fee – notice of large-scale mineral developer status

(1) Within 30 days after completion or abandonment of operations on an area under permit or within 30 days after each anniversary date of the permit, whichever is earlier, or at a later date that may be provided by rule and each year after that date until reclamation is completed and approved, the permittee shall pay the annual fee of $100 and shall file a report of activities completed during the preceding year on a form prescribed by the department. The report must:

(a) identify the permittee and the permit number;

(b) locate the operation by subdivision, section, township, and range and with relation to the nearest town or other well-known geographic feature;

(d) include the number of persons on the payroll for the previous permit year and for the next permit year at intervals that the department considers sufficient to enable a determination of the permittee's status under 90-6-302(4);

(e) update the information required in 82-4-335(4)(a); and

(f) update any maps previously submitted or specifically requested by the department. The maps must show:

(i) the permit area;

(ii) the unit of disturbed land;

(iii) the area to be disturbed during the next 12-month period;

(iv) if completed, the date of completion of operations;

(v) if not completed, the additional area estimated to be further disturbed by the operation within the following permit year; and

(vi) the date of beginning, amount, and current status of reclamation performed during the previous 12 months.

(2) Whenever the department determines that the permittee has become or will, during the next permit year, become a large-scale mineral developer, it shall immediately serve written notice of that fact on the permittee, the hard-rock mining impact board, and the county or counties in which the operation is located.

Comparison view: showing changes between 2023 and the current version (2025). Green underlined text was added. Red strikethrough text was removed.

(1) Within 30 days after completion or abandonment of operations on an area under permit or within 30 days after each anniversary date of the permit, whichever is earlier, or at a later date that may be provided by rule and each year after that date until reclamation is completed and approved, the permittee shall pay the applicable annual fee ~~of $100~~ provided for in subsections (3) or (4) and shall file a report of activities completed during the preceding year on a form prescribed by the department. The report must:

(a) identify the permittee and the permit number;

(b) locate the operation by subdivision, section, township, and range and with relation to the nearest town or other well-known geographic feature;

(e) update the information required in 82-4-335(4)(a); and

(f) update any maps previously submitted or specifically requested by the department. The maps must show:

(i) the permit area;

(ii) the unit of disturbed land;

(iii) the area to be disturbed during the next 12-month period;

(iv) if completed, the date of completion of operations;

(v) if not completed, the additional area estimated to be further disturbed by the operation within the following permit year; and

(vi) the date of beginning, amount, and current status of reclamation performed during the previous 12 months.

(3) Except as provided in subsection (4):

(a) for a mine required to file a reclamation bond pursuant to 82-4-338(1)(a), a permittee shall pay the fee specified under 82-4-342(2)(c), if applicable, and an annual permit fee as follows:

(i) for a mine of 500 acres or more of a bonded disturbance, $5,000;

(ii) for a mine of 100 acres or more but less than 500 acres of a bonded disturbance, $3,000; or

(iii) for a mine of less than 100 acres of a bonded disturbance, $1,000; or

(b) for a mine not required to file a reclamation bond pursuant to 82-4-338(1)(a), a permittee shall pay the fee specified under 82-4-342(2)(c) or 82-4-343(3)(c), if applicable, and an annual permit fee of $100.

(4) Upon submission of an annual report of activities as required in subsection (1), a person permitted under this part to mine rock products as defined in 82-4-303 shall pay:

(a) the applicable fee specified under 82-4-342(2)(c) or 82-4-343(3)(c); and

(b) an annual permit fee as follows:

(i) when the report is submitted between July 1, 2025, and June 30, 2026, 25% of the applicable fee in subsection (3)(a);

(ii) when the report is submitted between July 1, 2026, and June 30, 2027, 50% of the applicable fee in subsection (3)(a);

(iii) when the report is submitted between July 1, 2027, and June 30, 2028, 75% of the applicable fee in subsection (3)(a); or

(iv) when the report is submitted on or after July 1, 2028, 100% of the applicable fee in subsection (3)(a).

Annual report of activities by permittee – fee – notice of large-scale mineral developer status

Official Annotations archive.org, 2023 edition

History:

EnactedEn. SectionSec. 12, ChapterCh. 252, Laws ofL. 1971

Revised Codes of MontanaR.C.M. 1947, 50-1212

AmendedAmd. SectionSec. 3, ChapterCh. 582, Laws ofL. 1985

AmendedAmd. SectionSec. 5, ChapterCh. 227, Laws ofL. 1991

AmendedAmd. SectionSec. 7, ChapterCh. 637, Laws ofL. 1991

AmendedAmd. SectionSec. 394, ChapterCh. 418, Laws ofL. 1995

AmendedAmd. SectionSec. 7, ChapterCh. 488, Laws ofL. 2001 (HB 69 - McCann, Matt (D) HD 92)

AmendedAmd. SectionSec. 5, ChapterCh. 63, Laws ofL. 2005 (HB 147 - Clark, Paul (D) HD 13)

AmendedAmd. SectionSec. 7, ChapterCh. 152, Laws ofL. 2021 (SB 53 - Welborn, Jeffrey (R) SD 36)

AmendedAmd. SectionSec. 102, ChapterCh. 324, Laws ofL. 2021 (SB 233 - Ankney, Duane (R) SD 20)

Source text on leg.mt.gov