The bill amends sections 82-4-340 and 82-4-341 of the Montana Code Annotated (MCA) to revise the process for transferring mining operations to successor operators. It introduces new provisions that allow the department to release the original operator from their duties upon the transfer of operations, provided that the successor operator assumes the reclamation responsibilities and complies with existing regulations. The bill also clarifies that a transfer will not affect any valid liens or claims on the property and outlines the conditions under which the department can initiate eminent domain proceedings to acquire property interests necessary for mining operations.
Additionally, the bill establishes criteria for the department to consider when determining the public interest in initiating eminent domain, including the financial implications for taxpayers and environmental protection. It allows for immediate possession of property during eminent domain proceedings and specifies how compensation will be determined. The amendments aim to streamline the transfer process while ensuring that reclamation obligations are met and that the interests of the state and public are protected. The bill is set to take effect immediately upon passage and approval.
Statutes affected: LC Text: 82-4-340, 82-4-341
HB0717_1(1): 82-4-340, 82-4-341
HB0717_1(2): 82-4-340, 82-4-341
HB0717_1(3): 82-4-340, 82-4-341
HB0717_1(4): 82-4-340, 82-4-341
HB0717_1(5): 82-4-340, 82-4-341
HB0717_1(6): 82-4-340, 82-4-341
HB0717_1: 82-4-340, 82-4-341
HB0717_X(1): 82-4-340, 82-4-341
HB0717_X(2): 82-4-340, 82-4-341
HB0717_X: 82-4-340, 82-4-341