This 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. Key changes include clarifying that a transfer can occur through various means such as sale, assignment, or lease, and that the successor operator must assume the reclamation duties of the former operator. The bill also introduces provisions for the department to initiate eminent domain proceedings to acquire property interests necessary for mining operations, provided certain conditions are met, such as the public interest and the existence of a successor operator.
Additionally, the bill outlines the conditions under which the department can transfer permits and property interests, including the requirement for the successor operator to operate under the existing permit or a modified version approved by the department. It specifies that the transfer will not affect any valid liens or claims on the property at the time of transfer. The bill also establishes a framework for determining compensation in eminent domain cases and allows for the department to take immediate possession of property if necessary. Overall, these amendments aim to streamline the transfer process while ensuring compliance with reclamation and environmental standards.
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(10): 82-4-340, 82-4-341
HB0717_X(11): 82-4-340, 82-4-341
HB0717_X(2): 82-4-340, 82-4-341
HB0717_X(3): 82-4-340, 82-4-341
HB0717_X(4): 82-4-340, 82-4-341
HB0717_X(5): 82-4-340, 82-4-341
HB0717_X(6): 82-4-340, 82-4-341
HB0717_X(7): 82-4-340, 82-4-341
HB0717_X(8): 82-4-340, 82-4-341
HB0717_X(9): 82-4-340, 82-4-341
HB0717_X: 82-4-340, 82-4-341