§ 82-4-339 — Annual Report Of Activities By Permittee -- Fee -- Notice Of Large-Scale Mineral Developer Status

Montana § 82-4-339

• Jurisdiction: Montana
• Title 82: MINERALS, OIL, AND GAS
• Ch. 4: RECLAMATION
• Part 3: Metal Mine Reclamation

Text

82-4-339 . 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 applicable annual fee 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;
(c) estimate acreage to be newly disturbed by operation in the next 12-month period;
(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.
(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).

Legislative History

En. Sec. 12, Ch. 252, L. 1971; R.C.M. 1947, 50-1212; amd. Sec. 3, Ch. 582, L. 1985; amd. Sec. 5, Ch. 227, L. 1991; amd. Sec. 7, Ch. 637, L. 1991; amd. Sec. 394, Ch. 418, L. 1995; amd. Sec. 7, Ch. 488, L. 2001; amd. Sec. 5, Ch. 63, L. 2005; amd. Sec. 7, Ch. 152, L. 2021; amd. Sec. 102, Ch. 324, L. 2021; amd. Sec. 7, Ch. 634, L. 2025.