Terms Used In Montana Code > Title 15 > Chapter 35 > Part 1 - General Provisions

• Agreement: means a signed contract that is valid under Montana law between a coal mine operator and a purchaser or broker for the sale of coal that is produced in Montana. See Montana Code 15-35-102
• Auger mining: means the method of recovering coal by boring with an auger into a coal bed prepared by strip-mining excavations or in naturally sloping terrain. See Montana Code 15-35-102
• Broker: means any person who resells Montana coal. See Montana Code 15-35-102
• Coal washing: means any treatment to remove impurities from underground mined coal. See Montana Code 15-35-102
• Contract: A legal written agreement that becomes binding when signed.
• Contract sales price: means either the price of coal extracted and prepared for shipment f. See Montana Code 15-35-102
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Energy conversion process: includes any process by which coal in the solid state is transformed into slurry, gas, electrical energy, or any other form of energy. See Montana Code 15-35-102
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Prepared for shipment: includes but is not limited to services such as in-mine movement, crushing, sizing, screening, storing, mixing, loading, treatment with substances including chemicals or oils, and other preparation of the coal for disposition. See Montana Code 15-35-102
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Produced: means severed from the earth. See Montana Code 15-35-102
• Property: means real and personal property. See Montana Code 1-1-205
• Purchaser: means a person who purchases or contracts to purchase Montana coal directly from a coal mine operator or indirectly from a broker and who utilizes that coal in any industrial, commercial, or energy conversion process. See Montana Code 15-35-102
• 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
• Taxes paid on production: includes any tax paid to the federal, state, or local governments upon the quantity of coal produced as a function of either the volume or the value of production and does not include any tax upon the value of mining equipment, machinery, or buildings and lands, any tax upon a person's net income derived in whole or in part from the sale of coal, or any license fee. See Montana Code 15-35-102
• Ton: means 2,000 pounds. See Montana Code 15-35-102
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Writing: includes printing. See Montana Code 1-1-203