Mont. Code Ann. § 77-6-107 — MT Code / Title 77 / Chapter 6 / Part 1 / Section 77-6-107
77-6-107 Leases of land wanted for both agricultural and grazing use
Status: in_force

77-6-107 . Leases of land wanted for both agricultural and grazing use. If there are applications or bids for renting certain land for grazing purposes and also applications or bids for renting the same land for agricultural purposes, an inspection of the land shall be made by the department at the earliest practical opportunity and a determination made, based on its findings, of the highest and best use which can be made of the land or portions thereof. Any lease of the land subsequent to the applications or bids shall be such as to return to the state revenue commensurate with the highest and best use.
Mont. Code Ann. § 77-1-707 — MT Code / Title 77 / Chapter 1 / Part 7 / Section 77-1-707
77-1-707 Rules
Status: in_force

77-1-707 . Rules. The department may adopt rules for implementing and administering this part concerning transfer and filing of ownership records.
Mont. Code Ann. § 77-1-141 — MT Code / Title 77 / Chapter 1 / Part 1 / Section 77-1-141
77-1-141 Determination of date of delivery
Status: in_force

77-1-141 . Determination of date of delivery. The date of delivery for a lease, license, permit, or agreement issued by the board or department under this title or under a rule implementing this title or for a document or payment required by the terms of the lease, license, permit, or agreement is:

(1) for mailing by means of the United States postal service, the date of the postmark stamped on the cover in which the document or payment is transmitted; or

(2) for delivery by means other than by the United States postal service or if there is no postmark stamped on a mailing delivered by the United States postal service, the date of actual physical receipt by the department.
Mont. Code Ann. § 77-6-211 — MT Code / Title 77 / Chapter 6 / Part 2 / Section 77-6-211
77-6-211 Procedure to cancel lease -- appeal
Status: in_force

77-6-211 . Procedure to cancel lease -- appeal. (1) When the department cancels a lease pursuant to 77-6-113 , 77-6-208 , 77-6-209 , or 77-6-210 , it shall immediately notify the lessee by certified mail of the cancellation and the reasons therefor. The date of cancellation is 15 days from the date the notice is received by the lessee.

(2) The lessee has 15 days after the receipt of the notice to file with the department a notice of appeal for a hearing before the board. If notice of appeal is filed, the lease remains in effect until the decision of the board. Within 10 days after notice of appeal has been filed, the department shall set the time and place of hearing and shall so notify the lessee. The board may, after 10 days' notice to the lessee, change the time and place of hearing.

(3) Under rules it adopts, the board shall conduct an open hearing to determine whether the lease should be reinstated. The burden of proof is on the lessee to show why the lease should not be canceled. If the lease is reinstated, all of the lessee's rights and privileges thereunder shall be preserved; if not, the land shall be open for re-leasing as provided by law. If the board finds that the terms of the lease have been violated but in its judgment the violation is not serious enough to warrant cancellation, it may reinstate the lease and assess a penalty up to three times the annual rental against the lessee.
Mont. Code Ann. § 77-1-902 — MT Code / Title 77 / Chapter 1 / Part 9 / Section 77-1-902
77-1-902 Definitions
Status: in_force

77-1-902 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Attainable workforce housing" has the same meaning as provided in 90-6-143 .

(2) "Cancellation" means the cessation of a lessee's possessory rights and privileges under a lease due to the lessee's breach of some term of the lease, applicable statutes, or applicable administrative rules.

(3) "Commercial lease" means a contract to use state trust land for a commercial purpose.

(4) (a) "Commercial purpose" means an industrial enterprise, retail sales outlet, business and professional office building, warehouse, motel, hotel, hospitality enterprise, commercial or concentrated recreational use, single-family or multifamily residential development authorized under a lease with a master lessee, including a lease executed with a nonprofit corporation for the purposes of developing attainable workforce housing, the development of mobile home parks or multiple manufactured housing units for lease or rent, and other similar business.

(b) The term does not include the following uses:

(i) agriculture;

(ii) grazing;

(iii) exploration or development of oil and gas, minerals, and resources from geothermal, wind, or solar;

(iv) single-family residences, home sites, and cabin sites licensed or leased pursuant to 77-1-208 ; and

(v) utility rights-of-way.

(5) "Land value" is the monetary value of the land determined by an appraisal by a certified general appraiser or a department staff appraiser or by a limited valuation.

(6) "Limited valuation" means estimating the land value of commercial lease land by analyzing comparable land valuations conducted within 2 years of the lease commencement date as provided by real estate appraisers, local tax assessors, local realtors, an evaluation of local market rents, or a combination of those methods.

(7) "Termination" means the automatic completion or ending of the term of a contract according to its provisions. Upon termination, the lessee ceases to have any possessory rights or privileges under a lease.
Mont. Code Ann. § 77-1-108 — MT Code / Title 77 / Chapter 1 / Part 1 / Section 77-1-108
77-1-108 Trust land administration account -- administrative costs -- appropriation
Status: in_force

77-1-108 . Trust land administration account -- administrative costs -- appropriation. (1) There is a trust land administration account in the state special revenue fund. Money in the account is available to the department by appropriation and must be used to pay the costs of administering state trust lands. This includes the cost of managing assets, including but not limited to real property and monetary assets.

(2) Appropriations from the account for each fiscal year may not exceed an amount equal to 25% of the distributable revenue, as defined in 77-1-101 , generated in the fiscal year completed prior to the legislative session that will appropriate money for the next biennium. This excludes revenue generated by the forest improvement fee provided for in 77-5-204 .

(3) (a) Pursuant to subsection (1), the administrative costs must be determined for each land trust. The department may adopt rules regarding the calculation of administrative costs as necessary.

(b) Each fiscal year, the department shall compare administrative costs for each land trust to the amount of revenue that land trust generates for the account. If the amount of revenue deposited pursuant to 77-1-109 (2) exceeds the administrative costs for a specific land trust, the excess revenue must be distributed as provided in subsection (4) of this section.

(c) If revenue deposited from a specific land trust is insufficient to defray the administrative costs associated with managing that land trust and the money held for that trust in the earnings reserve account established in 77-1-132 is also insufficient, the board may receive a general fund loan pursuant to 17-2-107 to offset the difference. A general fund loan made pursuant to this subsection (3)(c) must be repaid within 5 years and must bear interest at a rate of return equal to that earned by the board of investments' short-term investment pool during that period.

(4) (a) Except as provided in subsections (4)(b) and (5), up to one-third of the unreserved distributable revenue remaining in the account at the end of a fiscal year may be transferred to the earnings reserve account provided for in 77-1-132 and accounted for by trust. The remaining unreserved revenue must be transferred to each of the permanent funds in proportionate shares to each fund's contribution to the account.

(b) At the end of the fiscal year, unreserved funds received pursuant to 77-1-109 (2)(a)(ii) and (2)(a)(iii) must be transferred to each of the permanent funds or to the appropriate trust or distributed to the beneficiary in proportionate shares to each fund's contribution to the account.

(5) (a) The amount of $80,000 each biennium is transferred from the state general fund to an account in the state special revenue fund. The account is statutorily appropriated, as provided in 17-7-502 , to the department for the purposes of administering the land granted to the state pursuant to the Morrill Act of 1862, 7 U.S.C. 301 through 308, and the Morrill Act of 1890, 7 U.S.C. 321 through 329. Any unexpended portion of the statutory appropriation may be retained in the account and used for the administration of the Morrill Act land.

(b) At the end of each fiscal year, the department shall pay from the appropriation in subsection (5)(a) to the trust containing proceeds derived from land granted to the state pursuant to the Morrill Act of 1862, 7 U.S.C. 301 through 308, and the Morrill Act of 1890, 7 U.S.C. 321 through 329, an amount calculated to be the cost of administering the investment of the fund derived from that trust. The payment must be based upon the percentage that the Morrill Act fund constitutes of the total fund derived from all trust lands. If the appropriation in subsection (5)(a) is insufficient to pay the calculated administrative cost, a general fund loan may be used pursuant to 17-2-107 to offset the difference.
Mont. Code Ann. § 77-6-503 — MT Code / Title 77 / Chapter 6 / Part 5 / Section 77-6-503
77-6-503 Leases of city lots, town lots, and commercial property
Status: in_force

77-6-503 . Leases of city lots, town lots, and commercial property. The fair rental value of state-owned town lots, city lots, and land valuable for commercial development must be determined from time to time by the department with the approval of the board, and a record must be made of the values. State-owned town lots, city lots, or land valuable for commercial development may be leased at the current appraised rental value for terms not to exceed 99 years.
Mont. Code Ann. § 77-5-303 — MT Code / Title 77 / Chapter 5 / Part 3 / Section 77-5-303
77-5-303 Standards for forest practices in streamside management zones
Status: in_force

77-5-303 . Standards for forest practices in streamside management zones. (1) The following practices are prohibited in a streamside management zone:

(a) broadcast burning;

(b) the operation of wheeled or tracked vehicles except on established roads;

(c) the forest practice of clearcutting;

(d) the construction of roads except when necessary to cross a stream or wetland;

(e) the handling, storage, application, or disposal of hazardous or toxic materials in a manner that pollutes streams, lakes, or wetlands or that may cause damage or injury to humans, land, animals, or plants;

(f) the side-casting of road material into a stream, wetland, or watercourse; and

(g) the deposit of slash in streams or other water bodies.

(2) The department shall publish and distribute the rules implementing the streamside management standards.
Mont. Code Ann. § 77-3-316 — MT Code / Title 77 / Chapter 3 / Part 3 / Section 77-3-316
77-3-316 Rental and royalty terms
Status: in_force

77-3-316 . Rental and royalty terms. (1) The compensation of the state under all coal mining leases must be upon a rental and royalty basis and must be fixed and determined by the board.

(2) The rental and royalty terms of each lease must be subject to readjustment to reflect fair market value at the end of its primary term of 10 years and at the end of each 5-year period thereafter if the lease is producing coal in commercial quantities.

(3) The rental may be on a per-acre basis or per-ton basis but the rental may not be less than $2 per acre.

(4) (a) The amount of the royalty must be based upon:

(i) the kind, grade, and character of the coal in each particular mine;

(ii) the size, shape, and nature of the coal vein, strata, or body; and

(iii) the shipping and marketing facilities for the product.

(b) Consideration must also be given to every other known factor affecting the value of each particular coal mining lease, but the royalty for the coal mined may not be less than 10% of the f.o.b. mine price of a ton prepared for shipment.
Mont. Code Ann. § 77-2-362 — MT Code / Title 77 / Chapter 2 / Part 3 / Section 77-2-362
77-2-362 State land bank fund -- statutory appropriation -- rules
Status: in_force

77-2-362 . State land bank fund -- statutory appropriation -- rules. (1) There is a state land bank fund. The proceeds from the sale of state trust land authorized by 77-2-361 through 77-2-367 must be deposited into the state land bank fund. The purpose of the state land bank fund is to temporarily hold proceeds from the sale of trust land pending the purchase of other land, easements, or improvements for the benefit of the beneficiaries of the respective trusts. A separate record of the proceeds received from the sale of trust land for each of the respective trusts must be maintained. Proceeds from the sale of lands that are part of a trust land grant may be used only to purchase land for the same trust.

(2) (a) Proceeds deposited in the state land bank fund, except earnings on those proceeds, are statutorily appropriated, as provided in 17-7-502 , to the department for the purposes described in 77-2-361 through 77-2-367 . All earnings on the proceeds deposited in the state land bank fund are subject to the provisions of Article X, sections 5 and 10, of the Montana constitution.

(b) Funds appropriated from the trust land administration account provided for in 77-1-108 may be used by the department to fund the transactional costs of buying, selling, appraising, or marketing real property. Transactional costs may include realtor's fees, title reports, title insurance, legal fees, and other costs that may be necessary to complete a conveyance of real property.

(c) Proceeds from the sale of lands held pursuant to the Morrill Act of 1862, 7 U.S.C. 301 through 308, and the Morrill Act of 1890, 7 U.S.C. 321 through 329, may not be used for any transactional costs or trust administration purposes for those lands.

(d) The department may hold proceeds from the sale of state land in the state land bank fund for a period not to exceed 10 years after the effective date of each sale. If, by the end of the 10th year, the proceeds from the subject land sale have not been encumbered to purchase other lands, easements, or improvements within the state, the proceeds from that sale must be deposited in the public school fund or in the permanent fund of the respective trust as required by law, along with any earnings on the proceeds from the land sale, unless the time period is extended by the legislature.

(3) The board shall adopt rules providing for the implementation and administration of the state land bank fund, purchases, and sales.
Mont. Code Ann. § 77-2-217 — MT Code / Title 77 / Chapter 2 / Part 2 / Section 77-2-217
77-2-217 Status of exchanged lands
Status: in_force

77-2-217 . Status of exchanged lands. All lands taken in exchange under 77-2-211 through 77-2-216 for lands granted by the United States to the state of Montana prior to July 1, 1931, shall be subject to the same restrictions, limitations, and provisions as the lands granted by the United States are now subject to. All lands granted by the state in carrying out such exchanges shall thereafter be free from the restrictions and limitations provided by The Enabling Act of the state of Montana or the other grant from the United States.
Mont. Code Ann. § 77-3-102 — MT Code / Title 77 / Chapter 3 / Part 1 / Section 77-3-102
77-3-102 Mining leases authorized -- term of leases -- definitions
Status: reserved

77-3-102 . Mining leases authorized -- term of leases -- definitions. (1) The board may, in its discretion and subject to the other provisions of this part, lease state lands, including the beds of navigable streams and the beds of navigable bodies of water and the reserved mineral rights of the state in lands sold or leased by the state, to any person, association, or corporation for the purpose of prospecting for or mining metalliferous minerals or gems.

(2) (a) Subject to subsections (2)(b) and (2)(c), mining leases must be issued for:

(i) a primary term of not less than 10 years and to be held by production for as long thereafter as metalliferous minerals or gems are produced in commercial quantities; or

(ii) if the lands are subject to limitations contained in grants by which the state acquired title to the lands or mineral rights to be leased, a period determined by the board to be in accordance with the limitations.

(b) If a lease issued under this part, a corresponding permit issued pursuant to Title 82, chapter 4, or a proposed evaluation under Title 75 is enjoined or ineffective due to a temporary restraining order, preliminary injunction, or other equitable relief, or if its issuance is postponed by a challenge requiring further agency review, then the primary term of the lease described in subsection (2)(a) must be commensurately extended for the period that the lease, permit, or action is enjoined or ineffective.

(c) If a lease is issued under this part and an exploration license provided for in 82-4-332 is obtained on the leased land, the lease must be extended commensurately with the period for which the exploration license is authorized and for which exploration is occurring on the leased land.

(3) As long as a lessee complies with the terms and conditions of a lease, the lease may not be terminated at the end of the primary term of the lease described in subsection (2)(a) if the lands are covered and described by a mining permit issued under Title 82, chapter 4, or are described in a mine-site location permit under Title 82, chapter 4.

(4) Leases issued under this part must give the lessee, as long as the lessee complies with the terms and conditions of the lease, the exclusive right of possession of the lands or mineral rights leased, subject to any reservations contained in the leases.

(5) In making the leases, the board may exercise business discretion as long as this part is not violated.

(6) As used in this section, the following definitions apply:

(a) "Commercial quantities" means a quantity of metalliferous minerals or gems that can be sold at a profit.

(b) "Covered and described" or "described" means, under a mine permit or a mine-site location permit, that the leased lands or a portion of the leased lands within or outside the boundaries of the permit area are expected to be affected or disturbed at some point during the term of the permittee's exploration activities or surface mining or underground mining operations and are identified in the permittee's license or permit application.
Mont. Code Ann. § 77-2-321 — MT Code / Title 77 / Chapter 2 / Part 3 / Section 77-2-321
77-2-321 Sales to be at public auction
Status: in_force

77-2-321 . Sales to be at public auction. All sales of state lands shall be only at public auction held at the county courthouse of the county in which the lands are located. In case no suitable room can be found in such courthouse at the time for holding the sale, then the sale may be transferred to a more convenient place within a reasonable distance of such courthouse by public announcement made at the courthouse at the time fixed for beginning the sale.
Mont. Code Ann. § 77-3-117 — MT Code / Title 77 / Chapter 3 / Part 1 / Section 77-3-117
77-3-117 Modification of lease provisions
Status: in_force

77-3-117 . Modification of lease provisions. The board, by agreement with the permittee or lessee, may, in its discretion and upon such terms as it considers best, amend or modify the terms and conditions within the limitations of this part or extend the term of any lease or prospecting permit issued under this part, subject to the limitations contained in 77-3-102 .
Mont. Code Ann. § 77-2-306 — MT Code / Title 77 / Chapter 2 / Part 3 / Section 77-2-306
77-2-306 Who may purchase
Status: in_force

77-2-306 . Who may purchase. (1) State land may be sold to any person who is 18 years of age or older or any governmental or private entity including tribal governments as defined in 18-11-102 .

(2) A sale involving land in excess of 160 acres may not be made under this section without first consulting with the board of county commissioners of the county or counties in which the lands to be sold are located.

(3) State land may not be sold to the federal government or to an agency of the federal government, except for the purpose of building federal facilities and structures. Nothing in this section prohibits the sale of state land to a tribal government as defined in 18-11-102 .

(4) A local government that sold or transferred property to the state has the right of first refusal if the state subsequently offers the property for sale. For purposes of this subsection, "right of first refusal" means the right to have the first opportunity to purchase the property for not less than fair market value when the property becomes available or the right to meet any other offer.
Mont. Code Ann. § 77-3-311 — MT Code / Title 77 / Chapter 3 / Part 3 / Section 77-3-311
77-3-311 Form of lease
Status: in_force

77-3-311 . Form of lease. The board shall prescribe the form of the lease.