1. (1) In addition to those areas upon which strip or underground mining is specifically prohibited pursuant to 82-4-227(13), MCA, subject to valid existing rights, no strip or underground coal mining may be conducted, unless the operation existed on August 3, 1977:

   1. (a) on any lands upon which the mining would adversely affect any publicly owned park or places included in the national register of historic sites unless mining thereof is approved jointly by the department and the federal, state, or local agency with jurisdiction over the park or historic sites;
   2. (b) on any lands within the national system of trails.

Authorizing statute(s): 82-4-205, MCA

Implementing statute(s): 82-4-227, MCA

History: NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; TRANS, from DSL, 1996 MAR p. 3042; AMD, 2004 MAR p. 2548, Eff. 10/22/04; AMD, 2024 MAR p. 260, Eff. 2/10/24.