Montana Code 82-4-406. Exemption — opencut operations on federal and state lands
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82-4-406. Exemption — opencut operations on federal and state lands. This part is not applicable to operations on certain federal and state lands as specified by the department, provided it is first determined by the department that laws, regulations, or rules administered or issued by the federal or state agency administering or having jurisdiction over the affected land impose controls for opencut operations on those lands equal to or greater than those imposed by this part.
Terms Used In Montana Code 82-4-406
- Affected land: means the area of land and land covered by water that is disturbed by opencut operations. See Montana Code 82-4-403
- Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 82-4-403
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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