Montana Code 82-4-402. Intent, findings, and policy
82-4-402. Intent, findings, and policy. (1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted The Opencut Mining Act. It is the legislature’s intent that the requirements of this part provide adequate remedies for the protection of the environmental life support system from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources.
Terms Used In Montana Code 82-4-402
- Materials: means bentonite, clay, scoria, peat, sand, soil, gravel, or mixtures of those substances. See Montana Code 82-4-403
- Property: means real and personal property. See Montana Code 1-1-205
- Reclamation: means the reconditioning of affected land to make the area suitable for productive use, including but not limited to forestry, agriculture, grazing, wildlife, recreation, or residential or industrial development. See Montana Code 82-4-403
- 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)Because the extraction and use of opencut materials is important to the economy of this state, it is the policy of this state to provide for the reclamation and conservation of land subjected to opencut operations. Therefore, it is the purpose of this part:
(a)to preserve natural resources;
(b)to aid in the protection of wildlife and aquatic resources;
(c)to safeguard and reclaim through effective means and methods all agricultural, recreational, home, and industrial sites subjected to or that may be affected by opencut operations;
(d)to protect and perpetuate the taxable value of property through reclamation;
(e)to protect scenic, scientific, historic, or other unique areas; and
(f)to promote the health, safety, and general welfare of the people of this state.