Montana Code 82-4-360. When activity prohibited — exception
82-4-360. When activity prohibited — exception. (1) Except as provided in subsection (2), a person may not conduct mining or exploration activities in this state if that person or any firm or business association of which that person was a principal or controlling member had a bond forfeited under this part, if the department otherwise received proceeds from a surety to perform reclamation on that person’s behalf, or if the person’s surety completed reclamation on the person’s behalf.
Terms Used In Montana Code 82-4-360
- Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 82-4-303
- Exploration: means :
(a)all activities that are conducted on or beneath the surface of lands and that result in material disturbance of the surface for the purpose of determining the presence, location, extent, depth, grade, and economic viability of mineralization in those lands, if any, other than mining for production and economic exploitation; and
(b)all roads made for the purpose of facilitating exploration, except as noted in 82-4-310. See Montana Code 82-4-303
- Person: means any person, corporation, firm, association, partnership, or other legal entity engaged in exploration for or mining of minerals on or below the surface of the earth, reprocessing of tailings or waste materials, or operation of a hard-rock mill. See Montana Code 82-4-303
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)A person described in subsection (1) may apply for an operating permit or an exploration license or may conclude a written agreement under 82-4-305 if:
(a)that person pays to the department:
(i)the full amount of the necessary expenses incurred by the department under 82-4-341(6) for reclamation of the area for which the bond was forfeited;
(ii)the full amount of any penalties assessed under this part; and
(iii)interest on the expenses incurred and penalties assessed at the rate of 6% a year; and
(b)the person demonstrates and the department determines that the person has remedied the conditions that led to the bond forfeiture or receipt of the bond proceeds and that those conditions no longer exist.