82-4-235. (Temporary) Inspection of vegetation -- final bond release. Inspection and evaluation for permanent diverse vegetative cover shall be made as soon as it is possible to determine if a satisfactory stand has been established. If the department determines that a satisfactory permanent diverse vegetative cover has been established, it shall release the remaining bond held on the area reclaimed after public notice and an opportunity for hearing as provided in 82-4-232(6). In no event shall such remaining bond be released prior to a period of 10 years after the last year of augmented seeding, fertilizing, irrigation, or other work required under this part for those operations or portions of operations that were seeded after February 2, 1978, or prior to a period of 5 years after initial planting for all exploration activities and all other operations.

     82-4-235. (Effective on occurrence of contingency) Inspection of vegetation -- final bond release. (1) Inspection and evaluation for permanent diverse vegetative cover must be made as soon as possible following an application for final bond release to determine if a satisfactory stand has been established. If the department determines that a satisfactory permanent diverse vegetative cover has been established, it shall release the remaining bond held on the area reclaimed after public notice and an opportunity for hearing as provided in 82-4-232(6). For land that was seeded using a seed mix that included a substantial component of introduced species approved by the department pursuant to 82-4-233(2) and on which reclaimed vegetation otherwise meets the requirements of 82-4-233(1), approval of reclaimed vegetation for release of bond may not be withheld on the basis that introduced species compose a major or dominant component. Except as provided in subsection (2)(b), the remaining bond may not be released prior to a period of 10 years after the last year of augmented seeding, fertilizing, irrigation, or other work required under this part for those operations or portions of operations that were seeded after May 2, 1978, or prior to a period of 5 years after initial planting for all exploration activities and all other operations.
     (2) (a) Notwithstanding the provision in subsection (1), on land from which coal was removed prior to May 3, 1978, and on land from which coal was not removed and that was not used, disturbed, or redisturbed in connection with this part after May 2, 1978, the department may approve for release a bond on an area of reclaimed vegetation that meets the following criteria:
     (i) it was seeded using a seed mixture that was approved by the department under the criteria established pursuant to 82-4-233 and that included introduced species; and
     (ii) at least one of the following conditions exists:
     (A) the standards of 82-4-233(1) are otherwise achieved;
     (B) the operator has demonstrated substantial usefulness of the reclaimed vegetation for grazing of livestock;
     (C) the operator demonstrates that the reclaimed vegetation has substantial value as a habitat component for wildlife present in the area; or
     (D) the topography and soils are suitable for conversion to cropland or hayland consistent with the standards of 82-4-232(8) and the department approves and the operator completes that conversion.
     (b) On lands that meet the criteria described in subsection (2)(a), interseeding or supplemental planting may be performed without reinitiating the liability period provided in subsection (1).

     History: En. Sec. 14, Ch. 325, L. 1973; R.C.M. 1947, 50-1047; amd. Sec. 4, Ch. 196, L. 1979; amd. Sec. 13, Ch. 550, L. 1979; amd. Sec. 1, Ch. 193, L. 1995.