Mont. Code Ann. § 77-1-202 — MT Code / Title 77 / Chapter 1 / Part 2 / Section 77-1-202
77-1-202 Powers and duties of board
Status: in_force

77-1-202 . Powers and duties of board. (1) The board shall exercise general authority, direction, and control over the care, management, and disposition of state lands and, subject to the investment authority of the board of investments, the funds arising from the leasing, use, sale, and disposition of those lands or otherwise coming under its administration. In the exercise of these powers, the guiding principle is that these lands and funds are held in trust for the support of education and for the attainment of other worthy objects helpful to the well-being of the people of this state as provided in The Enabling Act. The board shall administer this trust to:

(a) secure the largest measure of legitimate and reasonable advantage to the state; and

(b) provide for the long-term financial support of education.

(2) It is consistent with the powers and duties provided in subsection (1) that the people are entitled to general recreational use of state lands to the extent that the trusts are compensated for the value of the recreation.

(3) When acquiring land for the state, the board shall determine the value of the land after an appraisal by a qualified land appraiser.
Mont. Code Ann. § 77-4-205 — MT Code / Title 77 / Chapter 4 / Part 2 / Section 77-4-205
77-4-205 Notice of proposed lease or license
Status: in_force

77-4-205 . Notice of proposed lease or license. If these preliminary investigations and the offer made for lease or license are such that the board deems further proceedings on the application to be justified, it shall cause notice of the proposed lease or license to be published not less than once each week during not less than 6 weeks previous to the meeting at which further consideration will be given to the application in two newspapers of general circulation throughout the state, one of such newspapers to be published in the neighborhood of the location of the power site.
Mont. Code Ann. § 77-3-437 — MT Code / Title 77 / Chapter 3 / Part 4 / Section 77-3-437
77-3-437 Amendment of existing leases
Status: in_force

77-3-437 . Amendment of existing leases. The owner or owners of any existing state oil and gas lease shall have the right to exchange it for an amended lease containing the same provisions as to the term of said lease as are then provided by law for state oil and gas leases upon filing a written application therefor and upon payment of a sum which is the full market value of the exchange, as determined by the board. The amended lease shall be subject to all other provisions, including rents and royalties, contained in the original lease and shall bear the same commencement date as the original lease.
Mont. Code Ann. § 77-3-510 — MT Code / Title 77 / Chapter 3 / Part 5 / Section 77-3-510
77-3-510 Cancellation and forfeiture of lease
Status: in_force

77-3-510 . Cancellation and forfeiture of lease. All leases granted under 77-3-501 shall provide for their forfeiture and cancellation upon failure of the lessee to fully discharge the obligations provided therein, after written notice from the department and reasonable time allowed to the lessee for performance of any undertaking or obligation specified in such notice concerning which the lessee is in default.
Mont. Code Ann. § 77-1-212 — MT Code / Title 77 / Chapter 1 / Part 2 / Section 77-1-212
77-1-212 Acceptance of federal facilities and installations -- title in state
Status: in_force

77-1-212 . Acceptance of federal facilities and installations -- title in state. The board may, on behalf of the state, accept donations of federal installations, facilities, lands, or properties. All title to the installations or facilities shall be vested in the name of the state for its use. This section does not limit, reduce, or supersede Title 18, chapter 5, part 2.
Mont. Code Ann. § 77-6-401 — MT Code / Title 77 / Chapter 6 / Part 4 / Section 77-6-401
77-6-401 Pledge or mortgage of leasehold interest in state lands
Status: in_force

77-6-401 . Pledge or mortgage of leasehold interest in state lands. Any lessee of a grazing or agricultural lease of state lands is authorized to pledge the lease or mortgage the leasehold interest in the lands.
Mont. Code Ann. § 77-2-201 — MT Code / Title 77 / Chapter 2 / Part 2 / Section 77-2-201
77-2-201 Exchange of land with United States or tribal governments
Status: in_force

77-2-201 . Exchange of land with United States or tribal governments. (1) (a) The board may enter into contracts or agreements with the United States or any department thereof having jurisdiction for the waiving and relinquishment to the United States of any rights of the state in and to sections 16 and 36 of any township and to any other parcel of state lands, provided that the state shall, in lieu of the rights so waived and relinquished, receive from the United States other lands of equal or greater value.

(b) The current user of the land transferred to the United States may continue to enjoy the use of the land under terms and conditions required by the federal government and in accordance with Public Law 88-607, as amended, (43 U.S.C. 1411 through 1418), and the current user of the land received from the United States may continue to utilize the land on the terms and conditions imposed by law or by the board.

(2) The board may enter into a contract or agreement with a tribal government as defined in 18-11-102 or with the United States for the relinquishment to the tribal government or to the United States in trust for the tribal government of any rights of the state to some or all state lands located wholly within the exterior boundaries of the tribal government's reservation as recognized by the federal government; however, the state, in exchange for these relinquished rights, must receive from the tribal government or the United States lands of equal or greater value. No contract or agreement may be entered into under this section without first consulting with the board of county commissioners of the county or counties in which the lands to be exchanged are located.
Mont. Code Ann. § 77-3-509 — MT Code / Title 77 / Chapter 3 / Part 5 / Section 77-3-509
77-3-509 Disposition of funds
Status: in_force

77-3-509 . Disposition of funds. All rentals collected for or under leases issued under 77-3-501 shall be paid to the department and credited in the same manner as rentals from oil and gas leases.
Mont. Code Ann. § 77-2-311 — MT Code / Title 77 / Chapter 2 / Part 3 / Section 77-2-311
77-2-311 Survey and plat of shore lands
Status: reserved

77-2-311 . Survey and plat of shore lands. The board may cause any part of the lands bordering on lakes described in 77-2-303 (2) and on navigable streams that are reserved from sale to be surveyed and platted into blocks and lots. The lots may not be less than 125 feet in width, measured in the general direction of the abutting water front, except that any former cabin or home sites proposed for sale or sold by the board may possess a width less than 125 feet. In all surveys and plats the strip of 100 feet in width along the water front, referred to in 77-2-303 (2)(a), must be reserved for the use and enjoyment of the public. Cabin sites or home sites bordering on meandered lakes or navigable streams may be surveyed and sold consistent with the procedures provided in 77-2-361 through 77-2-367 .
Mont. Code Ann. § 77-1-223 — MT Code / Title 77 / Chapter 1 / Part 2 / Section 77-1-223
77-1-223 State trust land report to trust beneficiaries and legislature -- contents
Status: in_force

77-1-223 . State trust land report to trust beneficiaries and legislature -- contents. (1) The board shall annually prepare a report on state trust lands that summarizes the land held in trust for each beneficiary by land classification.

(2) The report must include the asset value and financial performance of the land held for each beneficiary as calculated using the best available methodology and data.

(3) The board shall provide a copy of the report to the beneficiary of each trust and to the legislature in accordance with 5-11-210 at the end of each fiscal year.
Mont. Code Ann. § 77-6-111 — MT Code / Title 77 / Chapter 6 / Part 1 / Section 77-6-111
77-6-111 Terminated
Status: in_force

77-6-111 . Terminated. Sec. 2, Ch. 304, L. 1977.
Mont. Code Ann. § 77-1-1101 — MT Code / Title 77 / Chapter 1 / Part 11 / Section 77-1-1101
77-1-1101 Void
Status: in_force

77-1-1101 . Void. Sec. 12, Ch. 475, L. 2009.
Mont. Code Ann. § 77-3-501 — MT Code / Title 77 / Chapter 3 / Part 5 / Section 77-3-501
77-3-501 Lease for underground storage of natural gas authorized
Status: in_force

77-3-501 . Lease for underground storage of natural gas authorized. (1) The board is hereby authorized and empowered to lease in such manner and upon such terms as it may determine, not inconsistent with The Enabling Act and the constitution, state lands to which the title has vested in the state, subject to existing rights, for use for the underground storage of natural gas upon the terms and conditions herein prescribed, to any natural gas public utility authorized to do business in this state and engaged in the business of transporting or distributing natural gas by means of pipelines into, within, or through this state for ultimate public use.

(2) State lands which may be leased shall include lands in which the deposit of native gas shall have been depleted, provided the lessee pays to the state the amount specified by the board for the native gas then remaining in the lands to be leased.
Mont. Code Ann. § 77-3-434 — MT Code / Title 77 / Chapter 3 / Part 4 / Section 77-3-434
77-3-434 Manner of making royalty payment
Status: reserved

77-3-434 . Manner of making royalty payment. Such lease shall provide for the rendering of payment of such royalty on all oil and gas produced and saved and sold or used off the premises in the following manner and upon the following terms:

(1) the lessee shall pay to the state in cash, for all oil and gas royalty reserved, the posted field price existing on the day such oil or gas is run into any pipeline or storage tank to the credit of the lessee, plus any bonus actually paid or agreed to be paid to the lessee for such oil or gas; or

(2) at the option of the state exercised in writing by the board not oftener than every 30 days, the lessee shall deliver the state's royalty oil or gas free of cost or deductions into the pipeline to which the wells of the lessee may be connected or into any storage designated by the state and connected with such wells.
Mont. Code Ann. § 77-1-117 — MT Code / Title 77 / Chapter 1 / Part 1 / Section 77-1-117
77-1-117 Disposition of fines and judgment proceeds
Status: in_force

77-1-117 . Disposition of fines and judgment proceeds. (1) Unless otherwise provided, all money received as fines, fees, and forfeitures under this title or as penalties for the violation of any of the land laws of this state, except money received by a justice's court, must be paid to the department of revenue for deposit in the general fund.

(2) Unless otherwise provided, all money, including interest, awarded by a court as compensatory damages under this title or any of the land laws of this state for the wrongful use or occupation of state lands must be deposited in the account or fund in which the money would have been deposited had the party assessed with the damages complied with the land laws of this state and may be paid out of the account or fund only through an appropriation by the legislature.
Mont. Code Ann. § 77-2-365 — MT Code / Title 77 / Chapter 2 / Part 3 / Section 77-2-365
77-2-365 Right of access not created
Status: in_force

77-2-365 . Right of access not created. Nothing in 77-2-361 through 77-2-367 creates any express or implied right of access, right-of-way, or easement for the benefit of the board, the department, or any purchaser of state land over or through any other property.
Mont. Code Ann. § 77-3-115 — MT Code / Title 77 / Chapter 3 / Part 1 / Section 77-3-115
77-3-115 Lease provisions
Status: in_force

77-3-115 . Lease provisions. (1) A lease may contain reasonable provisions for preliminary prospecting periods and must contain reasonable requirements for the prosecution of work during the prospecting period, if any, and for the prosecution of mining after the prospecting period.

(2) The lease may provide for the payment of rentals in conjunction with the work requirements or may prescribe cash rentals as an alternative or otherwise as the board considers best.

(3) The lease must specify the term of the lease, the royalty to be paid, reasonable forfeiture provisions, and reasonable terms under which the lessee may, within a time limited in the lease, remove property placed upon the leased lands by the lessee in the event of the termination of the lease by forfeiture or by lapse of time.

(4) The lease may contain other provisions that the board and the lessee agree upon that are not inconsistent with this part.
Mont. Code Ann. § 77-3-421 — MT Code / Title 77 / Chapter 3 / Part 4 / Section 77-3-421
77-3-421 Duration of lease
Status: in_force

77-3-421 . Duration of lease. (1) All state oil and gas leases entered by the board shall be granted for a primary term of not more than 10 years or less than 5 years and as long thereafter as oil or gas in paying quantities is produced, on condition that all drilling, rental, and other obligations are fully kept and performed by the lessee. However, leases for a period of less than 5 years may be issued if the board determines that such shorter term is necessary to ensure full compensation for the oil and gas resource.

(2) Oil or gas produced from any part of a unit in which state lands are included by virtue of a pooling agreement are considered to be produced from the state lands therein within the meaning of this part.

(3) The board may grant reasonable extensions of the primary term of a state oil or gas lease upon a showing that the lessee, despite due care and diligence, is or has been directly or indirectly prevented from exploring, developing, or operating the lease or is threatened with substantial economic loss, due to litigation regarding the lease or another lease in the immediate area held by the same lessee, state compliance with the Montana Environmental Policy Act, Title 75, chapter 1, parts 1 through 3, rules adopted under Title 75, chapter 1, or adverse conditions caused by natural occurrences.
Mont. Code Ann. § 77-2-335 — MT Code / Title 77 / Chapter 2 / Part 3 / Section 77-2-335
77-2-335 Lost certificate
Status: in_force

77-2-335 . Lost certificate. If a certificate of purchase to state land is lost or is wrongfully withheld by any person from the owner of the land, the rightful owner may apply to the board for the issuance of a substitute certificate. This application must be accompanied by an affidavit from the owner of the certificate setting forth the facts in regard to the loss or unlawful withholding of the certificate and by a certificate from the county clerk and recorder of the county in which the land is located showing all instruments of record in the clerk and recorder's office affecting the title to the land under the certificate. The board shall issue a substitute certificate of purchase to the applicant if in the judgment of the board the facts warrant its issue.
Mont. Code Ann. § 77-2-105 — MT Code / Title 77 / Chapter 2 / Part 1 / Section 77-2-105
77-2-105 Termination of easements
Status: in_force

77-2-105 . Termination of easements. Whenever lands granted for any of the purposes mentioned in 77-2-101 (8) through (11) cease to be used for those purposes, the easement terminates upon notice to that effect to the person to whom the grant was made, served at the person's last-known post-office address.
Mont. Code Ann. § 77-3-503 — MT Code / Title 77 / Chapter 3 / Part 5 / Section 77-3-503
77-3-503 Hearings on questions related to leases
Status: in_force

77-3-503 . Hearings on questions related to leases. The board may order and hold hearings on any matter or question involving leases issued under 77-3-501 under such rules as it adopts.
Mont. Code Ann. § 77-2-322 — MT Code / Title 77 / Chapter 2 / Part 3 / Section 77-2-322
77-2-322 Notice of sale
Status: in_force

77-2-322 . Notice of sale. (1) The department shall give notice of each sale by publication in a newspaper of general circulation in the county where the sale is to be held, once each week through the 4 consecutive weeks preceding the date of sale. The notice shall give the day, date, and time of the beginning of the sale and contain a list of all the tracts to be offered for sale showing the township and range in which they are located, describing them with reference to section number and subdivision of the section or with reference to block and lot if surveyed, the number of acres in unplatted lands, and the appraised value per acre and the appraised value of each lot. As a general rule, nonirrigable farming lands shall be listed in quarter sections; grazing lands may be listed in larger tracts not exceeding one section.

(2) For the convenience of the bidders, the department may assign to the tracts advertised a consecutive series of sales numbers and show the sales number of each tract in the notice of sale.

(3) The notice shall also give the terms and conditions of sale and any additional information the department considers useful.
Mont. Code Ann. § 77-1-112 — MT Code / Title 77 / Chapter 1 / Part 1 / Section 77-1-112
77-1-112 Violations classified
Status: in_force

77-1-112 . Violations classified. (1) Any officer, employee, or representative of the state who directly or indirectly accepts any money or any other valuable thing, except the officer's, employee's, or representative's regular and lawful compensation, for performing or not performing an official act under the provisions of this title or for modifying the performance of an official act is guilty of a felony and is punishable as provided in 77-1-115 .

(2) Any officer, employee, or representative of the state who knowingly and willfully makes any false classification or appraisal of any state land or of any land offered the state for sale or offered as security for a loan from the state or who falsely classifies or scales any timber on state lands or from state lands or any timber in which the state is interested or who knowingly and willfully makes any false report of any classification or appraisal or scaling is guilty of a felony and is punishable as provided in 77-1-115 .

(3) (a) Any officer, employee, or representative of the state who otherwise violates any of the provisions of this title:

(i) is guilty of a felony if the violation results in a loss to the state of $1,000 or more; or

(ii) is guilty of a misdemeanor if the violation results in a loss to the state of less than $1,000 or in no pecuniary loss.

(b) The punishment shall be as provided in 77-1-115 .
Mont. Code Ann. § 77-2-101 — MT Code / Title 77 / Chapter 2 / Part 1 / Section 77-2-101
77-2-101 Easements for specific uses
Status: in_force

77-2-101 . Easements for specific uses. Upon proper application as provided in 77-2-102 (1) through (5), the board may grant easements on state lands for the following purposes:

(1) public uses described in 70-30-102 ;

(2) schoolhouse sites and grounds;

(3) public parks;

(4) public trails;

(5) community buildings;

(6) cemeteries;

(7) conservation purposes:

(a) to the department of fish, wildlife, and parks for parcels that are surrounded by or adjacent to land owned by the department of fish, wildlife, and parks as of January 1, 2001; and

(b) to a nonprofit corporation for parcels that are surrounded by or adjacent to land owned by that same nonprofit corporation as of January 1, 2001;

(8) right-of-way across or on any portion of state lands for any public highway or street or for any canal, ditch, flume, aqueduct, pipe, reservoir, railroad, private road, telephone line, or water conveyance for irrigation purposes;

(9) any private building or private sewage system that encroaches on state lands;

(10) pursuant to 77-1-1112 or 77-1-1115 , the use of the bed of a navigable river; or

(11) pursuant to 77-2-102 (6), private access roads, county roads, and utility facilities constructed on state lands prior to October 1, 1997.
Mont. Code Ann. § 77-3-203 — MT Code / Title 77 / Chapter 3 / Part 2 / Section 77-3-203
77-3-203 Duration of lease
Status: in_force

77-3-203 . Duration of lease. (1) (a) Subject to subsections (1)(b) and (1)(c), a lease 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 nonmetallic minerals 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 (1)(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 as provided for in 82-4-332 is obtained on the leased lands, 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 lands.

(2) (a) 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 (1)(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.

(b) If nonproduction may result in the termination of a lease under this part, the lessee may provide notice to the board of the lessee's election to pay a nonproduction royalty to extend the primary term of the lease for a one-time, subsequent term of 5 years. The board may determine the appropriate nonproduction royalty payment to be paid by the lessee.

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

(a) "Commercial quantities" means a quantity of nonmetallic minerals 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 permit or permit application.
Mont. Code Ann. § 77-1-808 — MT Code / Title 77 / Chapter 1 / Part 8 / Section 77-1-808
77-1-808 State lands recreational use
Status: in_force

77-1-808 . (Temporary) State lands recreational use. Money appropriated for the purpose of managing recreational use of state lands must be used by the department for the following purposes:

(1) compensation pursuant to 77-1-809 for damage to the improvements of leases that has been proved to be caused by recreational users;

(2) assistance in weed control management necessary as a result of recreational use of state lands;

(3) protection of the resource value of the trust assets;

(4) administration and management for the implementation of recreational use of state lands; and

(5) maintenance of roads necessary for public recreational use of state trust land. (Void on occurrence of contingency--sec. 8, Ch. 596, L. 2003.)
Mont. Code Ann. § 77-2-324 — MT Code / Title 77 / Chapter 2 / Part 3 / Section 77-2-324
77-2-324 Preference to lessee of land
Status: in_force

77-2-324 . Preference to lessee of land. The lessee of the land need not make a higher bid than others, but the lessee has the option to match the high bid and must be given the preference. If the lessee matches the high bid, bidding must be reopened to all bidders, with the lessee retaining the right of preference to match the ultimate high bid and be awarded the sale.
Mont. Code Ann. § 77-3-436 — MT Code / Title 77 / Chapter 3 / Part 4 / Section 77-3-436
77-3-436 Disposition of royalties and other money
Status: in_force

77-3-436 . Disposition of royalties and other money. All fees, rentals, penalties, royalties, and bonuses collected for or under state oil and gas leases shall be paid to the department and credited as follows:

(1) All fees and penalties shall be credited to the state general fund.

(2) All rentals shall be credited to the income fund of the grant to which the lands under each lease belong.

(3) All moneys collected as royalties and bonuses shall be credited to the permanent fund arising from the grant to which the land under each particular lease belongs and become and forever remain an inseparable and inviolable part thereof. However, all royalties and bonuses collected from the lands forming part of the capitol building grant shall be available as income, the same as all other receipts from such lands.

(4) All moneys received as rentals, royalties, and bonuses for or under leases on state lands and not held in trust for the public schools of the state or for any state institution shall be credited to the state general fund unless other disposition is provided by law.
Mont. Code Ann. § 77-5-403 — MT Code / Title 77 / Chapter 5 / Part 4 / Section 77-5-403
77-5-403 Authority -- rulemaking
Status: in_force

77-5-403 . Authority -- rulemaking. (1) The department may establish and maintain a program in community and urban forestry to accomplish the purpose set forth in 77-5-401 . The department may assist local governments in establishing and maintaining community and urban forestry programs and in encouraging persons to engage in appropriate and improved tree management and care.

(2) The department may advise, encourage, and assist local governments in the development and coordination of policies, programs, and activities for the promotion of community and urban forestry.

(3) The department may appoint an advisory committee to assist the department in establishing and carrying out a program in community and urban forestry.

(4) The department may adopt rules to implement this part.
Mont. Code Ann. § 77-1-1001 — MT Code / Title 77 / Chapter 1 / Part 10 / Section 77-1-1001
77-1-1001 Inventories and assessments
Status: in_force

77-1-1001 . Inventories and assessments. (1) The department may, in consultation with appropriate state agencies and the Northern Cheyenne tribe, conduct resource inventories and assessments of all or parts of the property interests acquired from the federal government in the Crown Butte land exchange to assist in the leasing, promotion, and development of those property interests. Those inventories and assessments include but are not limited to:

(a) cultural resource inventories and assessments;

(b) coal resource inventories and assessments;

(c) market analysis of the mineral resources; or

(d) any other inventories and assessments required by law or that the department determines are necessary.

(2) The department may place all or parts of the property interests acquired from the federal government in the Crown Butte land exchange up for lease in accordance with the procedures provided for in Title 77.

(3) Nothing in this section prevents the department from receiving applications to place the tracts for lease prior to the completion of inventories and assessments, and the department may lease the property interests acquired from the federal government in the Crown Butte land exchange in accordance with the applicable provisions of Title 77.

(4) Nothing in this section is intended to alter, diminish, or impair the Otter Creek settlement agreement between the state of Montana and the Northern Cheyenne tribe, and nothing in this section prevents the state from cooperating with the Northern Cheyenne tribe to enforce air and water quality standards through government-to-government reciprocity agreements.
Mont. Code Ann. § 77-1-1107 — MT Code / Title 77 / Chapter 1 / Part 11 / Section 77-1-1107
77-1-1107 Void
Status: in_force

77-1-1107 . Void. Sec. 12, Ch. 475, L. 2009.
Mont. Code Ann. § 77-3-312 — MT Code / Title 77 / Chapter 3 / Part 3 / Section 77-3-312
77-3-312 Leasing procedures
Status: in_force

77-3-312 . Leasing procedures. (1) (a) Prior to issuing a coal mining lease, the board shall evaluate the coal and land proposed to be leased for the purpose of determining the fair market value of any coal reserves located on the land, giving opportunity for and consideration to public comments on the evaluation.

(b) (i) The board may determine fair market value by competitive bid or through an appraisal.

(ii) If no competitive bids are offered on the coal and land to be leased, the board may enter into a lease that is at least at the full market value as determined by the appraisal pursuant to subsection (1)(b)(i).

(2) Except as provided in subsection (1)(b), leases must be awarded by a competitive bid system, including a bonus bid for the first year's rental that may be amortized for a period of up to 5 years at the discretion of the board, and a lease may not be awarded at less than fair market value.
Mont. Code Ann. § 77-3-451 — MT Code / Title 77 / Chapter 3 / Part 4 / Section 77-3-451
77-3-451 Limitation on public inspection rights
Status: in_force

77-3-451 . Limitation on public inspection rights. The department may withhold from public inspection any information obtained from an oil or gas lessee under this part if the information, including drill logs, seismic data, and lithographic descriptions, relates to the geology of the oil or gas lease. The withholding is effective for as long as the department considers it necessary either to protect the lessee's economic interest in the geologic information against unwarranted injury or to protect the public's best interest.
Mont. Code Ann. § 77-1-815 — MT Code / Title 77 / Chapter 1 / Part 8 / Section 77-1-815
77-1-815 Agreement for general recreational use on legally accessible state trust land
Status: in_force

77-1-815 . (Temporary) Agreement for general recreational use on legally accessible state trust land. (1) The board is authorized to enter into an agreement with the department of fish, wildlife, and parks to compensate state trust land beneficiaries for the use and impacts associated with general recreational uses as defined in 77-1-101 on legally accessible state trust land as defined in 77-1-101 . The department may impose restrictions it considers necessary to coordinate the uses of state trust land or to preserve the purposes of the various trust lands. General recreational uses as defined in 77-1-101 on state trust land must be conducted in accordance with rules and provisions provided in this part.

(2) An agreement may be entered into with the department of fish, wildlife, and parks for a term of up to 10 years. Through this agreement, the board shall recover for the beneficiaries of the trust the full market value for the use and impacts associated with general recreational use on trust land, as defined in 77-1-101 The department may use funds appropriated from the trust land administration account provided for in 77-1-108 to implement and manage the agreement. Except as provided for in 17-7-304 , any unexpended amount in the account that resulted from recreational use fees must be apportioned on a pro rata basis to the land trusts, in proportion to the respective trust's percentage of acreage in the total acreage of all state land trusts.

(3) Any agreement entered into is subject to the following conditions:

(a) The department maintains sole discretion, throughout the term of the agreement, with regard to identifying legally accessible parcels, coordinating uses on state trust land, and making any other necessary state trust land management decisions.

(b) An agreement between the department and the department of fish, wildlife, and parks may not convey any additional authority to the department of fish, wildlife, and parks. (Void on occurrence of contingency--sec. 8, Ch. 596, L. 2003.)
Mont. Code Ann. § 77-2-304 — MT Code / Title 77 / Chapter 2 / Part 3 / Section 77-2-304
77-2-304 Mineral reservations in state land
Status: reserved

77-2-304 . Mineral reservations in state land. All coal, oil, oil shale, gas, phosphate, sodium, and other mineral deposits in state land, except sand, gravel, building stone, and brick clay, which were not reserved by the United States before July 1, 1927, are reserved to the state. Those deposits are reserved from sale except upon a rental and royalty basis as provided by law. A purchaser of state land acquires no right, title, or interest in or to any of those deposits. The state also reserves for itself and its lessees the right to enter upon state land to prospect for, develop, mine, and remove mineral deposits and to occupy and use so much of the surface of the land as may be required for all purposes reasonably extending to the exploring for, mining, and removal of the deposits from the land, but the lessee shall make just payment to the purchaser for all damage done by reason of entry upon the land and the use and occupancy of the surface of the land.
Mont. Code Ann. § 77-6-221 — MT Code / Title 77 / Chapter 6 / Part 2 / Section 77-6-221
77-6-221 Unit of land defined
Status: in_force

77-6-221 . Unit of land defined. As used in this part, "unit" means privately deeded land or land leased from the state, or a combination of the two, that is under the control of one operator, manager, or family.
Mont. Code Ann. § 77-1-111 — MT Code / Title 77 / Chapter 1 / Part 1 / Section 77-1-111
77-1-111 Court actions
Status: in_force

77-1-111 . Court actions. (1) All actions for the recovery of money due under this title or for the cancellation of leases or for the cancellation of certificates of purchase or patents or for the recovery of state lands, actions of forcible entry and detainer, actions for ejectment, and all other actions affecting any state lands are controlled, as to venue, by the provisions of the rules of civil procedure relating to the place of trial of civil actions and must be conducted by the attorney general.

(2) When requested by the attorney general, the county attorney of each county in the state shall represent the state in all foreclosure proceedings, collections of delinquent rentals, actions for trespass on state lands, and in all other state land matters that may arise in the county attorney's county. The county attorney is not entitled to charge the state any compensation for services beyond the county attorney's regular salary.

(3) The use of a ford or crossing on a navigable river or stream may not be considered a trespass.
Mont. Code Ann. § 77-1-113 — MT Code / Title 77 / Chapter 1 / Part 1 / Section 77-1-113
77-1-113 Restrictions on who may buy or lease state lands
Status: in_force

77-1-113 . Restrictions on who may buy or lease state lands. It is unlawful for any member of the board, any person appraising lands or in the employ of the state for the selection, classification, appraisal, sale, or leasing of any state lands or the timber on state lands, or any officer or employee of the department to purchase or lease, directly or indirectly, any state lands or any timber on state lands.
Mont. Code Ann. § 77-4-103 — MT Code / Title 77 / Chapter 4 / Part 1 / Section 77-4-103
77-4-103 Rules
Status: in_force

77-4-103 . Rules. The board shall adopt rules governing the issuance of geothermal resource leases and the conduct of all geothermal operations. The board may also require the applicant for a geothermal lease to pay an application fee.
Mont. Code Ann. § 77-1-206 — MT Code / Title 77 / Chapter 1 / Part 2 / Section 77-1-206
77-1-206 Board to prescribe further rules for appraisal
Status: in_force

77-1-206 . Board to prescribe further rules for appraisal. The board shall prescribe such further rules for the appraisal of state lands as it may deem necessary, not inconsistent with the provisions of this title or the state constitution.
Mont. Code Ann. § 77-6-204 — MT Code / Title 77 / Chapter 6 / Part 2 / Section 77-6-204
77-6-204 Notification of termination of lease
Status: in_force

77-6-204 . Notification of termination of lease. When a lease expires, is canceled, or is voluntarily terminated under 77-6-116 , the department shall immediately notify the holder of the lease and all persons who have expressed an interest in leasing the land during or immediately preceding the term of the expired, canceled, or terminated lease.
Mont. Code Ann. § 77-1-401 — MT Code / Title 77 / Chapter 1 / Part 4 / Section 77-1-401
77-1-401 Classes of land
Status: in_force

77-1-401 . Classes of land. The state lands are classified as follows:

(1) Class 1--lands which are principally valuable for grazing purposes;

(2) Class 2--lands which are principally valuable for the timber that is on them or for the growing of timber or for watershed protection;

(3) Class 3--lands which are principally valuable for the production of crops;

(4) Class 4--lands which are principally valuable for uses other than grazing, crop production, timber production, or watershed protection.
Mont. Code Ann. § 77-1-120 — MT Code / Title 77 / Chapter 1 / Part 1 / Section 77-1-120
77-1-120 Terminated
Status: in_force

77-1-120 . Terminated. Sec. 17, Ch. 586, L. 1993.
Mont. Code Ann. § 77-2-401 — MT Code / Title 77 / Chapter 2 / Part 4 / Section 77-2-401
77-2-401 Sale or transfer of federal land -- when hearing required
Status: in_force

77-2-401 . Sale or transfer of federal land -- when hearing required. (1) Prior to the sale or transfer of land in the state that is owned or controlled by an agency of the United States government, the director of the department shall determine whether there would be any impact on the management of state lands, on agricultural, wildlife, or recreational resources of the state, or on the cost of government services provided by the state, by any school district, or by any county, city, or other local government unit because of the sale or transfer.

(2) If the director determines under subsection (1) that there would be an adverse impact and that a hearing or public meeting has not been or will not be conducted by a federal agency to provide an opportunity for expression of public opinion regarding the proposed sale or transfer and that further public input would be desirable, the director shall hold a public hearing prior to the sale or transfer in order to provide the opportunity for the expression of public sentiment regarding the proposed disposition of federal land.

(3) If a hearing will be conducted by a federal agency on the proposed sale or transfer of federal land within the state, the director shall require the attendance of a representative of the department for the purposes of fulfilling the requirements of 77-2-403 .

(4) The sale or transfer of easements by an agency of the United States government and the transfer of land by the United States to the state of Montana in satisfaction of land owed to the state pursuant to The Enabling Act are exempt from the operation of this section.
Mont. Code Ann. § 77-3-404 — MT Code / Title 77 / Chapter 3 / Part 4 / Section 77-3-404
77-3-404 Limitation on area under single lease
Status: in_force

77-3-404 . Limitation on area under single lease. An oil or gas lease issued on state lands may not embrace more than 640 acres, except that any section surveyed by the United States which contains more than 640 acres may be included under one lease.
Mont. Code Ann. § 77-1-132 — MT Code / Title 77 / Chapter 1 / Part 1 / Section 77-1-132
77-1-132 Earnings reserve account
Status: in_force

77-1-132 . Earnings reserve account. (1) There is an earnings reserve account in the state special revenue fund.

(2) Funds are deposited in the earnings reserve account in accordance with the provisions of 77-1-108 (4)(a) and must be accounted for by trust.

(3) The balance of this account may not exceed two times the appropriation to the trust land administration account for the last completed fiscal year prior to the legislative session that will appropriate money for the next biennium.

(4) The earnings reserve account must be invested. Any interest earned must be deposited in the earnings reserve account in proportionate share to each fund's contribution to the account.
Mont. Code Ann. § 77-3-433 — MT Code / Title 77 / Chapter 3 / Part 4 / Section 77-3-433
77-3-433 Shut-in gas royalty
Status: in_force

77-3-433 . Shut-in gas royalty. The royalty on gas, including casinghead gas and all gaseous substances not sold or used off the premises, must be at the rate of $400 per lease each year or the amount of the annual rental provided in the lease, whichever is the greater, payable on or before the annual anniversary date of the lease. As long as the leased lands contain a well capable of production in paying quantities and the requisite payment is made, the lease must be considered as a producing lease under the lease terms.
Mont. Code Ann. § 77-6-301 — MT Code / Title 77 / Chapter 6 / Part 3 / Section 77-6-301
77-6-301 Improvements authorized
Status: in_force

77-6-301 . Improvements authorized. A lessee of state lands may place upon the lands a reasonable amount of improvements directly related to conservation of the land or necessary for proper utilization of it. These improvements may consist of fences, cultivation, improvement of the land itself, irrigation ditches, sheds, wells, reservoirs, and similar improvements.
Mont. Code Ann. § 77-1-104 — MT Code / Title 77 / Chapter 1 / Part 1 / Section 77-1-104
77-1-104 Survey of lands
Status: in_force

77-1-104 . Survey of lands. If the board considers it necessary that any of the lands mentioned in 77-1-102 be surveyed, it must have the lands surveyed by the county surveyor of the county in which the lands are located. If there is no county surveyor, if the county surveyor is unable to make the survey, or if the best interests of the state require, the board shall appoint a qualified surveyor to make the surveys. The county surveyor or other surveyor appointed shall make an actual survey establishing four corners of every quarter section and connecting the same with a United States survey and within 30 days after the survey file with the county clerk and recorder of that county a copy under oath of the surveyor's field notes and plat and a certified copy of the field notes and plat with the department. For the services required in connection with the survey, the county surveyor or other surveyor appointed is entitled to fees as prescribed in 7-4-2821 . The fees must be paid in the same manner as other expenses of the department.
Mont. Code Ann. § 77-4-305 — MT Code / Title 77 / Chapter 4 / Part 3 / Section 77-4-305
77-4-305 Rulemaking
Status: in_force

77-4-305 . Rulemaking. The board may adopt rules governing the issuance of leases under this part.
Mont. Code Ann. § 77-3-508 — MT Code / Title 77 / Chapter 3 / Part 5 / Section 77-3-508
77-3-508 Duration of lease
Status: in_force

77-3-508 . Duration of lease. All leases issued under 77-3-501 may be granted for a period not exceeding 20 years, and the lessee has a preferential right to renew the lease for an additional period not exceeding 20 years, subject to any terms and conditions the board imposes.
Mont. Code Ann. § 77-1-114 — MT Code / Title 77 / Chapter 1 / Part 1 / Section 77-1-114
77-1-114 Prosecutions
Status: in_force

77-1-114 . Prosecutions. (1) Whenever an arrest is made for any violation of the provisions of this title or whenever any information of a violation is given to the the county attorney of the county in which this act was committed, the county attorney shall prosecute the offender or offenders if in the county attorney's judgment the facts warrant the prosecution.

(2) If a county attorney fails to comply with the provisions of this section, the county attorney is guilty of a misdemeanor and, upon conviction, shall be fined not less than $100 or more than $1,000. Upon the county attorney's conviction, the district court in which the county attorney is convicted shall declare the county attorney's office vacant and notify the proper appointing power. Actions against the county attorney must be brought by the attorney general in the name of the state.

(3) The penalties of this section also apply to any magistrate with proper authority who refuses or neglects to cause the arrest and prosecution of any person when a complaint under oath of a violation of any of the provisions of this title has been lodged with the magistrate.
Mont. Code Ann. § 77-2-302 — MT Code / Title 77 / Chapter 2 / Part 3 / Section 77-2-302
77-2-302 Disposition of former institutions and certain federal land grants
Status: in_force

77-2-302 . Disposition of former institutions and certain federal land grants. (1) Notwithstanding any other section in this chapter, any lands, including buildings, that were formerly used as or by a state institution and that are no longer used for institutional purposes may be disposed of in whole or in part on the terms and in the manner that the board, after consultation with the appropriate legislative committee, may determine to be in the state's best interest, subject to The Enabling Act and constitutional restrictions. Disposal of the property may not be finally concluded until 60 days' public notice of the terms of the proposed disposal has been given.

(2) Notwithstanding any other section in this chapter, any lands, including buildings, granted to the state by the United States pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq., or acquired by the state as remedial action pursuant to 75-10-704 , 75-10-711 , or 75-10-712 may be disposed of in whole or in part on the terms and in the manner that the board, after consultation with the director of the department of environmental quality, determines to be in the state's best interest.
Mont. Code Ann. § 77-5-301 — MT Code / Title 77 / Chapter 5 / Part 3 / Section 77-5-301
77-5-301 Findings and purpose
Status: in_force

77-5-301 . Findings and purpose. (1) The legislature finds that the streamside management zone:

(a) acts as an effective sediment filter to maintain water quality;

(b) provides shade to regulate stream temperature;

(c) supports diverse and productive aquatic and terrestrial riparian habitats;

(d) protects the stream channel and banks;

(e) provides large, woody debris that is eventually recruited into a stream to maintain riffles, pools, and other elements of channel structure; and

(f) promotes flood plain stability.

(2) The legislature further finds that maintaining the integrity of forest streams is crucial to the quality and quantity of water available to Montanans for domestic, agricultural, industrial, and recreational use.

(3) The legislature further finds that forest streams are highly susceptible to impacts from land development and that in many cases forest practices in streamside zones in Montana are causing excessive and unnecessary damage to the banks, beds, and protective vegetation of forest streams.

(4) The legislature further finds that, through careful management in the streamside zone, owners and operators can achieve timber harvest goals without sacrificing water quality or impairing the beneficial uses of the water.

(5) The purposes of this part are:

(a) to protect the legitimate public interest in the quality and quantity of forest waters;

(b) to provide for standards, oversight, rehabilitation, and penalties to ensure that forest practices are conducted in a manner that conserves the integrity of Montana's streamside zones;

(c) to provide guidelines for the management of wildlife habitat in streamside zones; and

(d) to allow operators necessary flexibility to use practices appropriate to site-specific conditions in the streamside management zone.
Mont. Code Ann. § 77-3-313 — MT Code / Title 77 / Chapter 3 / Part 3 / Section 77-3-313
77-3-313 Bond requirements
Status: in_force

77-3-313 . Bond requirements. The board may also demand a surety company bond in a form and in an amount as it may determine, conditioned for the payment of all royalties due the state and for the carrying on of the mining operations according to the terms of the lease. However, a lessee may, in lieu of furnishing a surety company bond, increase the cash deposit provided for under this part in an amount that in the judgment of the board makes the furnishing of a bond unnecessary.
Mont. Code Ann. § 77-4-206 — MT Code / Title 77 / Chapter 4 / Part 2 / Section 77-4-206
77-4-206 Meeting of board on proposed lease or license
Status: in_force

77-4-206 . Meeting of board on proposed lease or license. (1) At this meeting all other applications which may have been received for lease or license to such power sites shall be duly considered together with the application originally filed.

(2) The board shall have the right to reject any or all bids.

(3) If, however, the board finds that any of the bids submitted offers to pay adequate rental for such power site, shows to the satisfaction of the board that it is capable of carrying out the proposed development and of rendering efficient service to the customers that will be served from such power development, and intends in good faith without any unnecessary delay to proceed with the development, then the board shall accept such bid. If more than one such acceptable bid is received, then the lease or license shall be awarded to the person, corporation, or municipality whose offer, considered in its totality, is the most advantageous to the state.
Mont. Code Ann. § 77-2-326 — MT Code / Title 77 / Chapter 2 / Part 3 / Section 77-2-326
77-2-326 Time of possession
Status: in_force

77-2-326 . Time of possession. In the case of lands under lease the purchaser shall be given possession by the state on March 1 next succeeding the date of sale and not before unless the lease expires prior to that date, except through special agreement between the purchaser and the lessee.
Mont. Code Ann. § 77-1-220 — MT Code / Title 77 / Chapter 1 / Part 2 / Section 77-1-220
77-1-220 Offsetting purchases -- proceeds -- records
Status: in_force

77-1-220 . Offsetting purchases -- proceeds -- records. (1) To the extent practical and consistent with the board's powers and duties pursuant to 77-1-202 , the board shall offset purchases made pursuant to 77-1-218 , 77-1-219 , and 77-1-229 by selling an equal amount of land.

(2) Proceeds received from offsetting sales may not be used for:

(a) purchasing additional lands; or

(b) the land banking process under 77-2-361 through 77-2-367 .

(3) A separate record of the proceeds received from each sale of land must be maintained.
Mont. Code Ann. § 77-5-223 — MT Code / Title 77 / Chapter 5 / Part 2 / Section 77-5-223
77-5-223 Annual sustainable yield as timber sale requirement
Status: in_force

77-5-223 . Annual sustainable yield as timber sale requirement. The annual sustainable yield constitutes the annual timber sale requirement for the state timber sale program administered by the department. This annual requirement may be reduced proportionately by the amount of sustained income to the beneficiaries generated by site-specific alternate land uses approved by the board based on a determination under 77-5-222 .
Mont. Code Ann. § 77-1-209 — MT Code / Title 77 / Chapter 1 / Part 2 / Section 77-1-209
77-1-209 Leasing rules
Status: in_force

77-1-209 . Leasing rules. The board may prescribe rules relating to the leasing of state lands as it considers necessary in order that the use and proceeds of these lands may contribute in the highest attainable measure to the purposes for which they are granted to the state of Montana. The rules should prescribe a procedure for setting all fees and rental rates for the use of state lands for any purpose. The procedure should establish provisions for notice, public comment, public hearings, and appeal.
Mont. Code Ann. § 77-3-314 — MT Code / Title 77 / Chapter 3 / Part 3 / Section 77-3-314
77-3-314 Duration of lease
Status: in_force

77-3-314 . Duration of lease. (1) (a) Except as provided in subsection (1)(b), coal mining leases must be issued for a primary term of 10 years and for as long thereafter as coal is produced from lands in commercial quantities.

(b) If a lease under this part or a corresponding permit issued pursuant to Title 82, chapter 4, parts 1 and 2, is challenged before an administrative agency or in court, the primary term of the lease must be extended for the period of time that the lease or permit was subject to challenge.

(2) A lease not producing coal in commercial quantities at the end of the primary term must be terminated, unless the leased lands are described in a strip mine permit issued under 82-4-221 or in a mine-site location permit under 82-4-122 prior to the end of the primary term, and the lease may not be terminated so long as the lands are covered and described under valid permit.

(3) For the purpose of this part:

(a) "commercial quantities" means that quantity of coal that can be sold at profit in the commercial market;

(b) "covered and described" under a valid permit or "described" in a strip mine or mine-site location permit means that the leased lands or a portion of the leased lands within or outside of the boundaries of the permit area are expected to be affected or disturbed at some point during the life of the permittee's strip-mining or underground-mining operation and are identified in the permittee's permit application.
Mont. Code Ann. § 77-5-305 — MT Code / Title 77 / Chapter 5 / Part 3 / Section 77-5-305
77-5-305 Responsibility for compliance -- penalties -- administrative orders
Status: in_force

77-5-305 . Responsibility for compliance -- penalties -- administrative orders. (1) (a) Except as provided in subsection (1)(b), it is the responsibility of the owner to ensure compliance with the provisions of this part and rules adopted pursuant to this part.

(b) If a written contract between an owner and an operator specifies that the operator is responsible for compliance with laws relating to forest practices, the operator is considered the responsible party for all enforcement actions taken by the department under this section.

(2) A person who violates a provision of this part, a rule adopted pursuant to this part, or an order issued under this section shall be subject to a civil penalty not to exceed $1,000. Each day of violation constitutes a separate violation.

(3) (a) When the department determines that an owner or operator has violated a provision of this part or a rule adopted pursuant to this part and has caused damage to watershed or wildlife resources, the department may serve an order requiring the person responsible for the conduct of forest practices to undertake necessary site rehabilitation within a reasonable period of time stated in the order. The order must specify the nature of the violation and the damage or unsatisfactory condition resulting from the violation.

(b) The order becomes final unless, within 30 days after the notice is served, the person named requests in writing a hearing before the department. On receipt of the request, the department shall schedule a hearing. Service by mail is complete on the date of mailing.

(c) If, after a hearing, the department finds that a violation has occurred and the watershed or wildlife habitat damage warrants site rehabilitation, it shall affirm or modify the order previously issued. If the department finds that a violation has not occurred or that site rehabilitation is not warranted, it shall rescind the order.

(d) The department may include in an order a provision that the owner or operator immediately cease causing further damage and take immediate action to alleviate the damage or to prevent future damage. The department may institute an action for injunctive relief under Title 27, chapter 19, if the recipient of the order does not comply with it.

(4) Subsection (3) does not prevent the department from seeking voluntary compliance and site rehabilitation through warning, conference, or any other appropriate means.

(5) All fines and penalties levied under this section must be deposited in the state general fund.
Mont. Code Ann. § 77-1-127 — MT Code / Title 77 / Chapter 1 / Part 1 / Section 77-1-127
77-1-127 Department authorized to control weeds -- billing for weed control
Status: in_force

77-1-127 . Department authorized to control weeds -- billing for weed control. (1) If the lessee, licensee, or permittee fails to take corrective action or if a request for an administrative hearing is not made within the time specified in the notice, the department may enter state land covered by the lease, license, or permit and institute appropriate weed control measures. The department may enter into an agreement with a commercial applicator, as defined in 80-8-102 , or with the appropriate weed management district organized under 7-22-2102 to control the weeds. The commercial applicator or the weed management district shall agree to carry any insurance required by the department.

(2) The department shall submit a bill to the lessee, licensee, or permittee itemizing the hours of labor, material, and equipment time and listing the actual total cost incurred by the department to take the weed control measures, together with a penalty not exceeding 50% of the total cost. The bill must specify and order a payment due date of 30 days from the date the bill is sent. If payment is not received within 30 days, the department may cancel the lease, license, or permit. Money recovered under this section must be placed in the trust land administration account established in 77-1-108 , except that penalties collected must be distributed annually to the trusts for the lands on which the weed control action was taken.

(3) If a person receiving an order to take corrective action requests an administrative hearing, the department may not institute control measures until the matter is finally resolved, except in case of an emergency. In an emergency, the person is liable for department costs allowed by this section only to the extent determined appropriate by the director or the court that finally resolves the matter.

(4) This section may not be construed to interfere with the right of the owner of property adjacent to a navigable river or stream to control noxious weeds on the land adjacent to the navigable river or stream.
Mont. Code Ann. § 77-3-402 — MT Code / Title 77 / Chapter 3 / Part 4 / Section 77-3-402
77-3-402 Rules
Status: in_force

77-3-402 . Rules. (1) The board shall have the power and authority to prescribe such rules and to do and perform all acts and things not inconsistent with The Enabling Act, the constitution, and the statutes of this state as it may deem necessary and proper relating to the leasing of state lands for oil and gas exploration and development. The board shall formulate rules not inconsistent with law governing the leasing of state lands for oil and gas exploration and development which shall be compiled and printed periodically.

(2) Copies of the rules and notices of changes therein shall be made available to any person desiring a copy thereof at a reasonable cost to be fixed by a rule of the board.
Mont. Code Ann. § 77-3-122 — MT Code / Title 77 / Chapter 3 / Part 1 / Section 77-3-122
77-3-122 Sales, contracts for sale, and other leases subject to mining leases
Status: in_force

77-3-122 . Sales, contracts for sale, and other leases subject to mining leases. Any sale of state lands, any contract for the sale of state lands, and any lease of state lands made or issued by said board during the life of any mining lease issued under the provisions of this part shall be subject to such mining lease during the life thereof, and no bond shall be required of such mining lessee for the protection of any such purchaser, contractee, or other lessee unless provision therefor shall be made in such mining lease.
Mont. Code Ann. § 77-5-401 — MT Code / Title 77 / Chapter 5 / Part 4 / Section 77-5-401
77-5-401 Title -- purpose
Status: in_force

77-5-401 . Title -- purpose. This part may be cited as the "Community and Urban Forestry Act". The purpose of the act is to:

(1) encourage the planting, maintenance, and management of trees in municipalities and counties;

(2) maximize the potential of trees and vegetative cover in improving the quality of the environment;

(3) encourage the coordination of state and local agency activities and maximize citizen participation in the development and implementation of community and urban forestry-related programs;

(4) foster healthy economic activity for the state's community and urban forestry-related businesses through cooperative and supportive contracts with the private business sector;

(5) facilitate the creation of jobs related to community and urban forestry activities, including opportunities for retraining and employing displaced timber resource workers; and

(6) provide meaningful voluntary opportunities for the state's citizens and organizations interested in community and urban forestry activities.
Mont. Code Ann. § 77-1-304 — MT Code / Title 77 / Chapter 1 / Part 3 / Section 77-1-304
77-1-304 Selection and location of lands granted by United States
Status: in_force

77-1-304 . Selection and location of lands granted by United States. Under the general direction of the board and as rapidly as the appropriations for the work will permit, the department shall select and locate all lands granted to this state by the United States for any purpose and not located by the grant itself. It shall also select and locate lands in lieu of all those lands in sections 16 and 36 and in the other federal land grants which for any reason have been lost to the state. All selections shall as far as possible be in legal subdivisions. In the selection and location of these lands, careful attention shall be given to the water available and which may be appropriated for these lands for domestic use, livestock, and irrigation.
Mont. Code Ann. § 77-2-327 — MT Code / Title 77 / Chapter 2 / Part 3 / Section 77-2-327
77-2-327 Certificate of purchase
Status: in_force

77-2-327 . Certificate of purchase. (1) Upon the approval of the sale and receipt of satisfactory evidence of settlement with the former lessee, if any, for improvements on the land, the department shall execute and mail to the purchaser a certificate of purchase signed by the governor as president of the board and by the director of the department and attested by the seal of the board. The certificate of purchase must contain the date of sale, the name and post-office address of the purchaser, a description of the land, the total purchase price, the amount paid on the day of sale, the balance unpaid, and the amount and due date of each installment of principal and interest to the time of maturity. The certificate must reserve the easements for rights-of-way granted by the statutes in favor of the United States and other easements that have been granted by the board and must contain the reservations in favor of the state provided for in 77-2-304 relating to coal, oil, and mineral rights in the land.

(2) The certificate must also contain information regarding the lien of the state on crops and improvements on the land; installments of principal, interest, and taxes; and any additional conditions, agreements, and information that the board considers necessary in order to carry out the intent of this part.
Mont. Code Ann. § 77-1-107 — MT Code / Title 77 / Chapter 1 / Part 1 / Section 77-1-107
77-1-107 Purchase of historic easement across state land for benefit of private land
Status: in_force

77-1-107 . Purchase of historic easement across state land for benefit of private land. If a historic easement or right-of-way for access to private land exists across state land, the person owning the private land may purchase the nonexclusive easement as a permanent, nonexclusive easement. Upon receipt of the fair market value of the easement and proof of the existence of the easement or right-of-way and the purpose and proposed purchaser's use of the nonexclusive easement, the board may sell a permanent nonexclusive easement if it is across school land or other land granted to the state for the support and benefit of a state institution and shall sell a permanent nonexclusive easement if it is across other state land.
Mont. Code Ann. § 77-2-402 — MT Code / Title 77 / Chapter 2 / Part 4 / Section 77-2-402
77-2-402 Hearing requirements
Status: in_force

77-2-402 . Hearing requirements. Any hearing required under 77-2-401 must be held in a county in which the land involved in the proposed sale or transfer is located and must be held according to procedural rules that must be adopted by the director of the department in accordance with the Montana Administrative Procedure Act.
Mont. Code Ann. § 77-3-430 — MT Code / Title 77 / Chapter 3 / Part 4 / Section 77-3-430
77-3-430 Pooling agreements and unit operations
Status: in_force

77-3-430 . (Temporary) Pooling agreements and unit operations. Nothing contained in this or in prior related laws prevents the board from entering into agreements for the pooling of acreage with others for unit operations for the production of oil or gas or both and the apportionment of oil or gas royalties or both on an acreage or other equitable basis and from modifying leases with respect to delay rentals, delay drilling penalties, and royalties in accordance with such pooling agreements and such unit plans of operation. However, such agreements may not change the percentage of royalties to be paid to the state from the percentages as fixed in its leases. The board may modify existing pooling and unit agreements so as to commit the state lands included therein for as long as the unitized substance or substances for which the state lands are committed is produced from any lands in the unit.
Mont. Code Ann. § 77-6-112 — MT Code / Title 77 / Chapter 6 / Part 1 / Section 77-6-112
77-6-112 Liens on crops and improvements
Status: in_force

77-6-112 . Liens on crops and improvements. (1) The state has a lien upon all crops growing upon any of its land and upon the crops after they have been separated from the land for any rentals and penalties due or delinquent under the lease on the land or becoming due during the calendar year in which the crops are harvested, for any year or part of a year that the land has been held or used by the lessee. This lien applies to all buildings, structures, fences, and other improvements and is prior and superior to all other liens, except thresher's liens and seed liens specified in 71-3-701 and 71-3-801 , which have priority, but only for the aggregate amount of the indebtedness then existing, including any advances made, interest due and other charges as evidenced by the original loan-contract, and indebtedness accumulating, exclusive of any other future advances originally contemplated.

(2) Any person acquiring any of these crops or improvements takes them subject to this lien. The department or the sheriff of the county in which the land is located may demand of the lessee payment of the amounts due the state, and if they are not paid upon demand, the officer making the demand or the department may seize and sell, either at a private or public sale, upon giving notice for not less than 3 days of the sale, sufficient of those crops or improvements, or of both, to pay the amounts due the state, together with costs and expenses of seizure and sale. These provisions relating to liens on crops and improvements must be embodied in all leases for agricultural and grazing lands and for town, city, or other lots.
Mont. Code Ann. § 77-6-212 — MT Code / Title 77 / Chapter 6 / Part 2 / Section 77-6-212
77-6-212 Loss of preference right -- cancellation of lease -- subleasing -- pasturing agreements
Status: in_force

77-6-212 . Loss of preference right -- cancellation of lease -- subleasing -- pasturing agreements. (1) Except as provided in subsections (3) and (4), a lessee of state land classed as agricultural or grazing land may not exercise the preference right provided in 77-6-205 if the lessee subleases the land for more than 2 years in the term of the lease.

(2) The department shall cancel a lease of state agricultural or grazing land if the lessee subleases the land for more than 3 years during the term of the lease unless the sublease is made between members of a family as provided in subsection (3).

(3) A lessee under subsection (1) or (2) may sublease the land for a period of not more than 5 years without losing the preference right or the lease to state land if, during the term of the lease, the land is subleased only to a spouse, son, daughter, adopted child, or sibling of the lessee.

(4) The lessee does not lose the preference right or right to lease because of subleasing as provided under this section if:

(a) the sublease is one-third or less acres of the lease; or

(b) the sublease is considered to be a pasturing agreement and is approved in writing by the department prior to the initiation of the agreement.

(5) For purposes of this section, a sublease may not be considered a pasturing agreement unless the lessee personally retains management and physical control of the land and livestock. "Management" includes but is not limited to:

(a) providing all costs for improvements, land maintenance, and range renovation, if range renovation is approved by the department;

(b) making all decisions regarding rotation or other placement of livestock on state land;

(c) making all decisions regarding turn-in and turn-out dates of the livestock on state land; and

(d) making all decisions regarding proper range management, including placement of water, fencing, and salt.

(6) A lessee of state land classified as agricultural or grazing land loses the preference right provided in 77-6-205 upon conviction of a felony offense involving a dangerous drug, as defined in Title 50, chapter 32, and involving the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, or concealing of a dangerous drug on any portion of the unit. When a state land lease is held by an association, company, or corporation, conviction of a member of the association, company, or corporation under this subsection does not result in loss of lease preference unless it appears that the operator, manager, or family in control of the association, company, or corporation is a consenting party or privy to the violation of this subsection.
Mont. Code Ann. § 77-3-112 — MT Code / Title 77 / Chapter 3 / Part 1 / Section 77-3-112
77-3-112 Examination of lands prior to leasing
Status: in_force

77-3-112 . Examination of lands prior to leasing. (1) Before the board leases any lands for the mining of metalliferous metals or gems, the department shall investigate the character of the lands and the nature and possible extent of the mineral deposits therein for the purpose of determining whether those lands are of such a character as to warrant the issuance of a mining lease thereon and for the purpose of determining the amount of royalty and other rentals or considerations for which the lands should be leased for mining purposes under this part.

(2) Upon the filing of an application for a mining lease the board may, if the lands covered by the application have not been examined by the department, require the applicant for the lease to deposit with the department an amount of money, not exceeding $500 in any one case, which in its judgment will cover the cost of a special examination to enable the board to pass upon the application in accordance with this part. Such deposit shall be used to reimburse the state for the actual cost of the examination, and any portion of the deposit not required for such reimbursement shall, upon the approval or rejection of the application, be repaid to the applicant by the department.

(3) The department shall make and preserve complete records of all such examinations.
Mont. Code Ann. § 77-2-318 — MT Code / Title 77 / Chapter 2 / Part 3 / Section 77-2-318
77-2-318 Sale of leased cabin or home sites
Status: in_force

77-2-318 . Sale of leased cabin or home sites. (1) (a) The board shall, consistent with the board's constitutional fiduciary duty of attaining full market value, make available for sale within a reasonable period of time as provided in this part those lands that were state land cabin or home sites on May 6, 2013, at the request of a lessee or an improvement owner and with the consent of any mortgagee or other owner of an interest in the cabin or home site improvements, only if the requested sale is consistent with the board's constitutional fiduciary duty of attaining full market value and with the provisions of this part and if the sale is approved by the board.

(b) (i) The disposition of proceeds of any sale of state land property pursuant to this section must comply with the provisions of 77-2-337 .

(ii) The proceeds of any sale of cabin site improvements pursuant to this part must go to the owner of record of the improvements.

(2) The sale of a cabin or home site is exempt from the subdivision laws, except that the development of any new or additional water supply or sewage disposal system on the property must be approved pursuant to the review procedure, fee, and other requirements of Title 76, chapter 4, part 1.

(3) The board may adopt rules to ensure that the sales process authorized pursuant to this section is orderly and consistent with its constitutional fiduciary duties and that the number of leased cabin or home sites made available for sale at any given time is consistent with the board's constitutional duty of attaining full market value.

(4) Upon a sale of a cabin or home site, the board may:

(a) grant a permanent easement across state lands to secure access using current routes; or

(b) convey an appurtenant, nonexclusive easement to the property from the nearest public road if:

(i) the board has authority to grant the easement; and

(ii) the conveyance of the easement does not overburden a right-of-way held by the board.

(5) The appraised value and minimum bid for a cabin or home site must include the value of the easement granted pursuant to subsection (4).

(6) For purposes of this section, "cabin site improvements" has the meaning provided in 77-2-317 .
Mont. Code Ann. § 77-1-130 — MT Code / Title 77 / Chapter 1 / Part 1 / Section 77-1-130
77-1-130 Recognition of historic right-of-way -- criteria for right-of-way deed -- conditions -- fees
Status: in_force

77-1-130 . (Temporary) Recognition of historic right-of-way -- criteria for right-of-way deed -- conditions -- fees. (1) A person or a county may apply to the department for a historic right-of-way deed to provide access to the applicant's private property, to provide continuation of a county road, or to provide for authorization of existing utilities by filing an application with the department by October 1, 2021, on a form prescribed by the department. An application must be accompanied by:

(a) an application fee of $50;

(b) a notarized affidavit:

(i) demonstrating that the applicant or the applicant's predecessor in interest used the right-of-way applied for before 1997 and that the use has continued to the present;

(ii) describing the purpose for which the right-of-way was used before 1997; and

(iii) demonstrating that the historic right-of-way applied for is the right-of-way demonstrated in the evidence provided in subsection (1)(c); and

(c) (i) aerial photographs or images taken by an agency of the United States demonstrating use of the right-of-way applied for; or

(ii) other evidence of the use of the right-of-way applied for.

(2) The department shall review an application and other evidence submitted pursuant to subsection (1) and shall issue a historic right-of-way deed in the name of the applicant if:

(a) the applicant pays the application fee provided in subsection (1)(a) and the full market value of the historic right-of-way as provided in subsection (4);

(b) the applicant has shown by substantial evidence the matters required in subsections (1)(b) and (1)(c)(i) or (1)(c)(ii);

(c) the department has, if necessary, made a field inspection of the right-of-way applied for; and

(d) the deed is approved by the board.

(3) A historic right-of-way deed issued in the name of the applicant must contain the description of the property of the applicant to which it is appurtenant as provided in the application, and the right-of-way must thereafter be considered appurtenant to that dominant estate. A deed may be assigned by the applicant to the applicant's successor in interest with the approval of the department. The department may not withhold approval for any reason other than that the use of the historic right-of-way is contrary to subsection (5).

(4) (a) At the time of issuing the historic right-of-way deed, the department shall collect from the applicant the full market value of the estate or interest disposed of for the historic right-of-way.

(b) The amount collected pursuant to subsection (4)(a) must be deposited in the appropriate trust fund established for receipt of income from the land over which a historic right-of-way is granted.

(5) If application is made in accordance with this section, a historic right-of-way deed must be issued by the department, subject to the approval of the board, on the following terms:

(a) the right-of-way is only for the minimum width necessary, as negotiated by the department and the applicant; and

(b) the right-of-way is only for the physical condition of the road or utility facilities existing on the date the historic right-of-way deed is issued by the department.

(6) Issuance of a historic right-of-way deed pursuant to this section is exempt from the requirements of Title 22, chapter 3, part 4, and Title 75, chapter 1, parts 1 and 2.

(7) The survey requirements of 77-2-102 may be waived by the department for the issuance of a historic right-of-way deed if the department determines that there is sufficient information available to define the boundaries of the right-of-way for the purposes of recording the easement.

(8) The department may attach conditions to a historic right-of-way deed necessary to ensure compliance with this chapter.

(9) For the purposes of this section, "historic right-of-way deed" means a document issued by the department granting to the applicant a nonexclusive easement over state land. (Terminates October 1, 2031--secs. 2 through 7, Ch. 325, L. 2015.)
Mont. Code Ann. § 77-1-1110 — MT Code / Title 77 / Chapter 1 / Part 11 / Section 77-1-1110
77-1-1110 Definitions
Status: in_force

77-1-1110 . Definitions. Solely for the purposes of this part, the following definitions apply:

(1) "Footprint" means a structure or other constructed interruption or modification to the bed of a navigable river below the low-water mark as provided in 70-16-201 .

(2) "Full market value" means an amount calculated based upon the area of a footprint and the fair market value as determined by rule or statute. The annual payment for a license issued under this part is $150.

(3) "Navigable river" means a river adjudicated as navigable for title purposes by a court of competent jurisdiction.
Mont. Code Ann. § 77-1-110 — MT Code / Title 77 / Chapter 1 / Part 1 / Section 77-1-110
77-1-110 Written undertaking required in legal action for challenge to use or disposition of state lands
Status: in_force

77-1-110 . Written undertaking required in legal action for challenge to use or disposition of state lands. (1) The purpose of this section is to advance the legitimate state interest in the protection of state trust assets as provided for in Article X, section 11, of the Montana constitution.

(2) In any civil action seeking an injunction or restraining order concerning a decision of the board or department approving a use or disposition of state lands that would produce revenue for any state lands trust beneficiary, the court shall require a written undertaking for the payment of damages that may be incurred by the trust beneficiary if the board or the department is wrongfully enjoined or restrained.
Mont. Code Ann. § 77-4-101 — MT Code / Title 77 / Chapter 4 / Part 1 / Section 77-4-101
77-4-101 Geothermal leases authorized
Status: in_force

77-4-101 . Geothermal leases authorized. (1) The board may lease state-owned lands, including the beds of navigable streams and the beds of navigable bodies of water, to persons, associations, or corporations for prospecting, exploration, well construction, and the production of geothermal resources.

(2) The board may exercise business discretion in entering into leases under this part.
Mont. Code Ann. § 77-6-501 — MT Code / Title 77 / Chapter 6 / Part 5 / Section 77-6-501
77-6-501 Agricultural leases
Status: in_force

77-6-501 . Agricultural leases. (1) For agricultural land, all leases except lease renewals on which the lessee has made improvements at the lessee's expense, as provided in subsection (3), and except leases issued after competitive bidding pursuant to 77-6-202 or 77-6-205 , as provided in subsection (4), must be continued or made on a crop share rental basis of not less than one-fourth of the annual crops to the state or the usual landlord's share prevailing in the district, whichever is greater. The board may, however, approve special crop share rentals of less than one-fourth for high production cost crops, such as but not limited to potatoes and sugar beets, or for high production cost methods when these methods would result in more income to the state. The board may not delegate the authority to approve special crop share rentals.

(2) Except in the case of cash lease renewals under subsection (3), if it is in the best interests of the state, the department may authorize a lease on other bases than crop share, but in these cases, the rental must at least equal the value of the usual landlord's share prevailing in the district under similar circumstances, and the department shall set forth in the records the conditions of the case and the rental to be charged.

(3) Subject to 77-1-134 , in a case in which the lessee has made substantial improvements for irrigation purposes to the lease at the lessee's own expense, the department shall authorize a cash lease renewal at not less than $15 an acre on the portion of the lease that has been improved.

(4) For all agricultural leases issued through competitive bidding provided for under 77-6-202 or 77-6-205 , the department shall require applicants to submit bids in the form of dollars per acre and shall issue the successful bidder a cash lease at the rate established through competitive bidding. Upon expiration of the first 10-year term of the cash lease, the lease may be renewed on a crop share rental basis of not less than one-fourth of the annual crops to the state or the usual landlord's share prevailing in the district, whichever is greater.

(5) The department shall set annual hay prices based on round bales for agricultural leases under the jurisdiction of the regional land offices.
Mont. Code Ann. § 77-1-214 — MT Code / Title 77 / Chapter 1 / Part 2 / Section 77-1-214
77-1-214 Donations of land for forestry purposes
Status: in_force

77-1-214 . Donations of land for forestry purposes. The board may accept gifts, donations, or contributions of land suitable for forestry or park purposes and enter into agreements with the federal government or other agencies for acquiring by lease, purchase, or otherwise such lands as in the judgment of the board are desirable for state forests.
Mont. Code Ann. § 77-1-906 — MT Code / Title 77 / Chapter 1 / Part 9 / Section 77-1-906
77-1-906 Requirements for commercial lease -- improvements
Status: in_force

77-1-906 . Requirements for commercial lease -- improvements. (1) The board shall require, subject to the board's supervision and jurisdiction, that the lessee be solely responsible for the expense of maintenance and operation of the enterprise, business, or venture and all improvements made and constructed in support of any commercial purpose during the term of the lease. This requirement does not apply to the installation and construction by the lessee of infrastructure and improvements, such as public roads, parks, sewers, or utilities, if they were required by a local government as a condition of development.

(2) Upon expiration of the lease, the title to all permanent improvements and fixtures located on the leased property and used in the operation and maintenance of the enterprise vests in the state. The lease must describe in detail the manner and subject matter of the transfer to the state.
Mont. Code Ann. § 77-1-106 — MT Code / Title 77 / Chapter 1 / Part 1 / Section 77-1-106
77-1-106 Setting of rates or fees -- rules
Status: in_force

77-1-106 . (Temporary) Setting of rates or fees -- rules. (1) In setting the lease rental rates, agreement rates, or fees for the use of state lands and cabin sites, the board shall consider the impact of the uses on the school trust asset, lessee expenses for management, water development, weed control, fire control, the term of the lease, the production capabilities, the conditions on the lease payment, and any other required expenses reasonably borne by the lessee. In setting cabin site lease rates, the board shall consider expenses that are commonly incurred by the lessees to preserve the value of the state land or to provide services commonly provided by private lessors in the area.

(2) All lease rental rates, agreement rates, and fees established by the board under 77-1-208 , 77-1-802 , 77-1-815 , 77-6-202 , 77-6-501 , 77-6-502 , and 77-6-507 must consider the trust asset and be in the best interests of the state with regard to the long-term productivity of the school trust lands, while optimizing the return to the school trust.

(3) The board shall comply with Title 2, chapter 4, part 3, in setting rental rates, agreement rates, and license fees pursuant to 77-1-208 , 77-1-802 , 77-1-815 , 77-6-202 , 77-6-501 , 77-6-502 , and 77-6-507 . (Void on occurrence of contingency--sec. 8, Ch. 596, L. 2003.)
Mont. Code Ann. § 77-1-1106 — MT Code / Title 77 / Chapter 1 / Part 11 / Section 77-1-1106
77-1-1106 Void
Status: in_force

77-1-1106 . Void. Sec. 12, Ch. 475, L. 2009.
Mont. Code Ann. § 77-3-504 — MT Code / Title 77 / Chapter 3 / Part 5 / Section 77-3-504
77-3-504 Lessee's right to hearing
Status: in_force

77-3-504 . Lessee's right to hearing. Any lessee, upon application, is entitled to a hearing on any notice or demand of the department before any lease is granted, forfeited, or canceled by the board.
Mont. Code Ann. § 77-6-101 — MT Code / Title 77 / Chapter 6 / Part 1 / Section 77-6-101
77-6-101 Statement of policy
Status: in_force

77-6-101 . Statement of policy. It is hereby declared to be the policy of the state, that in the interest of accomplishing a sustained income for the school and other trust funds to be derived from land grant and other state lands, agricultural and grazing lands and town and city lots shall be appraised from time to time but not less than once during the term of every lease by competent appraisers. The purpose of such appraisals shall be to determine the rental value of agricultural lands and town and city lots, the general condition of the lands, and the carrying capacity of grazing lands.
Mont. Code Ann. § 77-6-507 — MT Code / Title 77 / Chapter 6 / Part 5 / Section 77-6-507
77-6-507 Formula for fixing annual rental
Status: in_force

77-6-507 . Formula for fixing annual rental. (1) In this section:

(a) "animal unit" means one cow, one horse, five sheep, or five goats;

(b) "animal-unit-month carrying capacity" means that amount of natural feed necessary for the complete subsistence of one animal unit for 1 month.

(2) The board shall establish the per annum rental rate per section of all grazing lands that are the property of the state by multiplying a factor established by the board pursuant to 77-6-502 times the average price per pound of beef cattle on the farm in Montana for the previous year times the animal-unit-month carrying capacity of the land.

(3) The carrying capacity of the land to be used in the above formula must be in accordance with the determinations of the department made under 77-6-201 .

(4) The average price per pound of beef cattle on the farm in Montana must be taken from statistics published by the United States department of agriculture current at the time of computation of the rental or from other reliable sources current at that time.

(5) In establishing the rental rate described in subsection (2), the board shall consider applicable elements that include but are not limited to those set forth in 77-1-106 .
Mont. Code Ann. § 77-1-131 — MT Code / Title 77 / Chapter 1 / Part 1 / Section 77-1-131
77-1-131 State lands historic right-of-way account
Status: in_force

77-1-131 . (Temporary) State lands historic right-of-way account. There is a state lands historic right-of-way account in the state special revenue fund. The application fee collected by the department pursuant to 77-1-130 (1)(a) must be deposited in the account. Money in the account must be used for the expenses of the department in administering 77-1-130 . Money in the account on the termination date of the account must be deposited in the general fund. (Terminates October 1, 2031--secs. 2 through 5, Ch. 325, L. 2015.)
Mont. Code Ann. § 77-5-222 — MT Code / Title 77 / Chapter 5 / Part 2 / Section 77-5-222
77-5-222 Determination of annual sustainable yield
Status: in_force

77-5-222 . Determination of annual sustainable yield. (1) (a) On July 1, 2013, the department, under the direction of the board, shall commission a new study by a qualified independent third party to determine, using scientific principles, the annual sustainable yield on forested state lands. The department shall direct the qualified independent third party to determine the yield pursuant to, but not exceeding, all state and federal laws.

(b) A new study may be commissioned by the department, under the direction of the board, at any time during the 10-year period provided for in subsection (2).

(2) A determination of annual sustainable yield under subsection (1) must be reviewed and redetermined by the department, under the direction of the board, at least once every 10 years.
Mont. Code Ann. § 77-5-307 — MT Code / Title 77 / Chapter 5 / Part 3 / Section 77-5-307
77-5-307 Rulemaking
Status: in_force

77-5-307 . Rulemaking. The department shall adopt rules:

(1) implementing each of the management standards provided in 77-5-303 ;

(2) providing specific direction necessary for owners and operators to understand and comply with the management standards, including additional definition of the streamside management zone and the forest practices permissible within the zone;

(3) providing alternative practices for the standards provided for in 77-5-303 ; and

(4) regulating the harvest of timber in streamside management zones.
Mont. Code Ann. § 77-6-116 — MT Code / Title 77 / Chapter 6 / Part 1 / Section 77-6-116
77-6-116 Voluntary termination of lease to allow concurrence with federal conservation reserve program -- competitive bidding required
Status: in_force

77-6-116 . Voluntary termination of lease to allow concurrence with federal conservation reserve program -- competitive bidding required. (1) A lessee of state land who wishes to enter the state land in the federal conservation reserve program may request voluntary termination of the remainder of the lease prior to scheduled expiration in order to seek a renewal lease that will run concurrently with the federal program. The lessee shall apply for voluntary termination to the department on a form prescribed by the department. The form must specify:

(a) the name of the lessee and a designation of the leased land for which voluntary termination is sought;

(b) the scheduled termination date of the lease; and

(c) the term of eligibility of the land under the federal conservation reserve program.

(2) Upon receipt of a proper application, the department shall terminate the remainder of the lease. When a request for voluntary termination is granted, the department shall fulfill the notification requirements of 77-6-204 , and the lease is subject to the same competitive bidding process as renewal leases under 77-6-205 . However, the lessee requesting voluntary termination retains the preference right allowed under 77-6-205 .

(3) If a lease renewal is granted pursuant to 77-6-205 to a lessee who has requested voluntary termination under this section, the term of the renewal lease must coincide with the term of eligibility under the federal conservation reserve program.
Mont. Code Ann. § 77-2-329 — MT Code / Title 77 / Chapter 2 / Part 3 / Section 77-2-329
77-2-329 Terms of payment
Status: in_force

77-2-329 . Terms of payment. (1) A purchaser of state land shall pay on the day of sale that portion of the purchase price that the purchaser desires, but not less than 10% of the total sales price. If the balance on the purchase price is not an exact multiple of $25, the purchaser shall pay the additional sum that is necessary to reduce the balance to an even multiple of $25.

(2) The purchaser shall pay the balance of the purchase price within 30 days. The department may extend this deadline up to 30 additional days for good cause.
Mont. Code Ann. § 77-6-206 — MT Code / Title 77 / Chapter 6 / Part 2 / Section 77-6-206
77-6-206 Withdrawal of lands from leasing
Status: in_force

77-6-206 . Withdrawal of lands from leasing. Notwithstanding the foregoing provisions, the board may withdraw any agricultural or grazing land from further leasing for such period as the board determines to be in the best interest of the state. Bids for leases and applications for renewals of leases of state agricultural lands or state grazing lands shall be in writing and sealed and shall be submitted to the board at the office of the department.
Mont. Code Ann. § 77-3-303 — MT Code / Title 77 / Chapter 3 / Part 3 / Section 77-3-303
77-3-303 Rules relating to coal leasing
Status: in_force

77-3-303 . Rules relating to coal leasing. (1) The board may adopt rules and perform all acts not inconsistent with The Enabling Act, the constitution, and the statutes of this state that it considers necessary and proper relating to the leasing of state land for coal mining purposes.

(2) The board is encouraged to lease the property interests acquired from the federal government in the Crown Butte land exchange for coal mining purposes. The proceeds from the leases must be used for the direct funding of education, including K-12 school districts, institutions of higher education, and vocational-technical education, unless otherwise provided in the transfer agreement.
Mont. Code Ann. § 77-1-118 — MT Code / Title 77 / Chapter 1 / Part 1 / Section 77-1-118
77-1-118 Use of exploding targets prohibited -- definition -- penalty
Status: in_force

77-1-118 . Use of exploding targets prohibited -- definition -- penalty. (1) The use of exploding targets on properties managed pursuant to this title is prohibited when the department of natural resources and conservation determines that fire danger is high, very high, or extreme.

(2) For the purposes of this section, "exploding targets" means commercial targets that explode when impacted by a high-velocity projectile or targets created by combining components, including but not limited to ammonium nitrate and aluminum powder, that explode when impacted by a high-velocity projectile.

(3) A person convicted of a violation of this section is guilty of a misdemeanor and shall be fined not more than $500 or be imprisoned in the county jail for not more than 6 months.
Mont. Code Ann. § 77-6-205 — MT Code / Title 77 / Chapter 6 / Part 2 / Section 77-6-205
77-6-205 Renewal leases
Status: in_force

77-6-205 . Renewal leases. (1) A lessee of state land classed as agricultural, grazing, town lot, city lot, or land valuable for commercial development who has paid all rentals due the state or who has voluntarily terminated a lease under 77-6-116 is entitled to have the lease renewed for a period not to exceed the maximum lease period provided in 77-6-109 at any time within 30 days prior to its expiration or within 30 days following voluntary termination if no other applications for lease of the land have been received 30 days prior to the expiration of the lease or within 30 days following voluntary termination. The renewal must be at the full market rental rate established by the board for the renewal period and subject to any other conditions at the time of the renewal imposed by law as terms of the lease. Except as provided in 77-6-212 , if other applications have been received, the holder of the lease has the preference right to lease the land covered by the former lease by meeting the highest bid made by any other applicant. Applications for lease of lands in this section must be given preference in the order of their receipt at the office of the department.

(2) The board shall accept the highest bid. If the lessee exercises the preference right and believes the bid to be excessive, the lessee may request an administrative hearing. The request must contain a statement of reasons why the lessee believes the bid not to be in the state's best interest. The department shall grant the request for a hearing if it determines that the statement indicates evidence that the bid may not be in the state's best interests. The board may, after the hearing, reduce the rental from the amount bid if the lessee shows that the bid is not in the best interest of the state because it is above community standards for a lease of the land, would cause damage to the tract, or would impair its long-term productivity. If the board reduces the bid, it shall set forth its findings and conclusions in writing and inform the lessee and competitive bidder of the reduction. It is the duty of the board to secure the best lessees possible, so that the state may receive the maximum return possible with the least injury occurring to the land.

(3) A renewal lease may be canceled pursuant to 77-6-113 , 77-6-208 , 77-6-209 , or 77-6-210 for a violation by the lessee that occurred during the previous lease term but no more than 3 years prior to the date on which the notice of cancellation required by 77-6-211 is issued. Cancellation procedures instituted but not completed before renewal are applicable to the renewal lease.

(4) A renewal lease may be voluntarily terminated pursuant to 77-6-116 .
Mont. Code Ann. § 77-3-441 — MT Code / Title 77 / Chapter 3 / Part 4 / Section 77-3-441
77-3-441 Restriction on new lease following termination of old lease
Status: in_force

77-3-441 . Restriction on new lease following termination of old lease. In all cases where an oil and gas lease issued after March 3, 1955, is surrendered for cancellation before its expiration, relinquished to the state, or canceled through proceedings on the part of the state, no new lease on the lands under such lease may be issued within 30 days from the date of cancellation or relinquishing. This restriction does not apply, however, in cases of bona fide assignment.
Mont. Code Ann. § 77-4-302 — MT Code / Title 77 / Chapter 4 / Part 3 / Section 77-4-302
77-4-302 Compensating surface lessee
Status: in_force

77-4-302 . Compensating surface lessee. (1) A person who leases wind or solar resources under this part shall compensate the surface lessee for damage to the surface improvements caused by the lease.

(2) (a) The board may require the wind or solar resource lessee to post a bond in an amount set by the board to insure the payment of damages to any surface lessee.

(b) If a surface lessee and a wind or solar resource lessee disagree on the reasonable amount of surface damage, compensation is determined in the manner prescribed by 77-4-129 .
Mont. Code Ann. § 77-5-103 — MT Code / Title 77 / Chapter 5 / Part 1 / Section 77-5-103
77-5-103 Role of department
Status: in_force

77-5-103 . Role of department. (1) The department shall, under the direction and control of the board, do all the field work in the selection, location, examination, appraisement, and reappraisement of state timberlands.

(2) The department shall do all acts required of it by the board, and under the direction of the board, it has general charge of the timberlands of the state.

(3) The department shall, under the supervision of the board:

(a) execute all matters pertaining to forestry within the jurisdiction of the state;

(b) direct the protection, improvement, and condition of state forests;

(c) take any action authorized by law to prevent and extinguish wildland fires; and

(d) enforce the laws pertaining to forest and nonforest lands and prosecute for any violation of those laws.
Mont. Code Ann. § 77-3-403 — MT Code / Title 77 / Chapter 3 / Part 4 / Section 77-3-403
77-3-403 Hearings on questions related to leases
Status: in_force

77-3-403 . Hearings on questions related to leases. The board is hereby granted full power and authority to order and hold hearings on any matter or question involving oil and gas leases under such rules as it may adopt.
Mont. Code Ann. § 77-4-127 — MT Code / Title 77 / Chapter 4 / Part 1 / Section 77-4-127
77-4-127 Disposition of royalties and other receipts
Status: in_force

77-4-127 . Disposition of royalties and other receipts. (1) The department shall credit fees collected under geothermal leases to the general fund.

(2) All rentals, penalties, and bonuses shall be credited to the income fund of the grant to which the lands under each lease belong.

(3) All moneys collected as royalties shall be credited to the permanent fund arising from the grant to which the land under each particular lease belongs.
Mont. Code Ann. § 77-4-106 — MT Code / Title 77 / Chapter 4 / Part 1 / Section 77-4-106
77-4-106 Bonding requirements
Status: in_force

77-4-106 . Bonding requirements. The board may, at any time prior to the execution and delivery of a geothermal lease or at any time during the life of the lease, require a lessee to file with the department a bond to protect the rights of the state. The bond shall be in form and amount prescribed by the board. The board may at any time require new or additional bonds if the interests of the state will not adequately be protected by the bond previously filed.
Mont. Code Ann. § 77-1-218 — MT Code / Title 77 / Chapter 1 / Part 2 / Section 77-1-218
77-1-218 Public school land acquisition account
Status: in_force

77-1-218 . Public school land acquisition account. (1) There is a public school land acquisition account in the state special revenue fund established in 17-2-102 . The account must be administered by the department.

(2) Money in the account may be used only for the purpose of purchasing and managing interests in and appurtenances to real property in accordance with 77-1-219 .

(3) After deductions are made pursuant to 77-1-109 and 77-1-613 , the net interest and income earned on real property and appurtenances purchased with funds from the account must be distributed to the school facility and technology account provided for in 20-9-516 .
Mont. Code Ann. § 77-6-508 — MT Code / Title 77 / Chapter 6 / Part 5 / Section 77-6-508
77-6-508 Effect of competitive bidding
Status: in_force

77-6-508 . Effect of competitive bidding. Whenever competitive bidding establishes a rental price higher than the rental price established by the board, the board in leasing the lands shall incorporate in the lease conservation requirements as are considered necessary for the protection of the grass or forage crops.
Mont. Code Ann. § 77-1-145 — MT Code / Title 77 / Chapter 1 / Part 1 / Section 77-1-145
77-1-145 Enabling Act enforcement -- findings
Status: in_force

77-1-145 . Enabling Act enforcement -- findings. (1) The legislature finds that:

(a) section 13 of The Enabling Act requires that 5% of the proceeds from public lands in Montana sold by the United States, after deduction of expenses, must be paid to the state for the support of the common schools;

(b) the United States incorrectly interprets The Enabling Act provision cited in subsection (1)(a) to only include the sale of lands managed by the secretary of the interior; and

(c) the United States owes Montana 5% of the proceeds of all public land in Montana sold by the United States government since November 8, 1889.

(2) The attorney general shall pursue, to the extent feasible using available state resources, payment of the funds owed to Montana pursuant to subsection (1).

(3) Any money paid to the state pursuant to this section must be deposited in the permanent fund for the support of common schools as referenced in section 13 of The Enabling Act.
Mont. Code Ann. § 77-4-211 — MT Code / Title 77 / Chapter 4 / Part 2 / Section 77-4-211
77-4-211 Amortization of investment
Status: in_force

77-4-211 . Amortization of investment. (1) In all cases where the lease or license issued by the United States requires the amortization of the investment made in dams, machinery, equipment, and appurtenant works, such amortization requirement shall also apply to that portion of the investment representing the state's part or share in the power site so that the state will at all times retain its full share of ownership in the power site and in the dams, machinery, equipment, and appurtenant works.

(2) If the state lands constitute a separate power site wholly owned by the state and independently developed, the lease or license issued by the state may provide for the amortization of the capital invested in the dam, machinery, equipment, and appurtenant works, not including the distribution system, so that ultimately the state will become the owner of the power site including the dam, machinery, equipment, and appurtenant works, not including the distribution system.
Mont. Code Ann. § 77-1-1117 — MT Code / Title 77 / Chapter 1 / Part 11 / Section 77-1-1117
77-1-1117 Board to adopt rules
Status: in_force

77-1-1117 . Board to adopt rules. To fulfill the requirement of this part, the board shall adopt rules to:

(1) determine the full market value for the use of the bed of a navigable river and establish a minimum payment for leases and easements;

(2) allow an applicant to choose to apply for a lease, license, or easement depending on the type of proposed use and the duration of the use; and

(3) allow the holder of a lease, license, or easement to relocate or increase the size of a footprint based on natural relocation of a navigable river or other factors.
Mont. Code Ann. § 77-2-325 — MT Code / Title 77 / Chapter 2 / Part 3 / Section 77-2-325
77-2-325 Settlement for improvements
Status: in_force

77-2-325 . Settlement for improvements. Except for the sale of a cabin or home site, if any state land is sold on which there are improvements belonging to a lessee and some person other than the lessee is the purchaser, that person shall settle with the lessee for all improvements on the land belonging to the lessee before the issuance of the certificate of purchase. The provisions of 77-6-301 through 77-6-303 and 77-6-306 relating to the payment and settlement for improvements on state lands between a former lessee and a new lessee apply to the settlement between a lessee and the purchaser. If settlement is not reached within 6 months of the date of sale, all improvements become the property of the state unless the department for good cause shown grants both parties additional time in which to exhaust arbitration.
Mont. Code Ann. § 77-3-440 — MT Code / Title 77 / Chapter 3 / Part 4 / Section 77-3-440
77-3-440 Forfeiture and cancellation of leases
Status: in_force

77-3-440 . Forfeiture and cancellation of leases. (1) All oil and gas leases granted by the state pursuant to the terms of this part shall provide for forfeiture and cancellation thereof upon failure of the lessee to fully discharge the obligations provided therein, after written notice from the state and reasonable time allowed to the lessee for performance of any undertaking or obligation specified in such notice concerning which the lessee is in default.

(2) Any lessee, upon application therefor, shall be granted a hearing on any notice or demand of the board before any lease is declared forfeited or canceled by the board.
Mont. Code Ann. § 77-1-126 — MT Code / Title 77 / Chapter 1 / Part 1 / Section 77-1-126
77-1-126 Notice of noncompliance
Status: in_force

77-1-126 . Notice of noncompliance. (1) When the department finds that noxious weeds on leased state land or on state land subject to a license or permit have not been controlled as required by 7-22-2116 , the lease, the license, or the permit, the department shall contact the lessee, licensee, or permittee and require that a weed management and control program be implemented. The lessee, licensee, or permittee may request that an inspection of the state land be made with department staff. The department shall seek voluntary compliance with a noxious weed management and control program for the state lands prior to issuing a notice of noncompliance. If the lessee, licensee, or permittee fails to implement a weed management and control program when directed by the department, the department shall notify the lessee, licensee, or permittee by mail of the noncompliance. The notice must specify:

(a) the basis for the determination of noncompliance;

(b) the geographic location of the area of noncompliance by legal description or other reasonably identifiable description;

(c) measures to be undertaken in order to comply with the weed control responsibilities of the lease, license, or permit;

(d) a reasonable period of time, not less than 15 days, in which compliance measures must be initiated;

(e) the right of the person to request, within 15 days, an administrative hearing as provided by 77-1-128 ; and

(f) the right of the person to request an extension if the measures in subsection (1)(c) cannot be implemented due to climatic or growing conditions.

(2) At least 2 weeks prior to sending a notice of noncompliance, the department shall send by certified mail to the lessee, licensee, or permittee a final notice that the weed management and control program has not been implemented.

(3) This section may not be construed to interfere with the right of the owner of property adjacent to a navigable river or stream to control noxious weeds on the land adjacent to the navigable river or stream.
Mont. Code Ann. § 77-5-206 — MT Code / Title 77 / Chapter 5 / Part 2 / Section 77-5-206
77-5-206 Management of timber by department
Status: in_force

77-5-206 . Management of timber by department. (1) The department shall supervise all the management of timber before it is cut and secure the most complete utilization of all forest products consistent with the current forest management practices.

(2) It shall instruct and supervise the cruisers, forest wardens, and scalers in the conduct of their work and fix and establish the standard practice in timber sales administration.

(3) Records of converting factors, units of measure, and the scale of logs shall be kept as a permanent public record showing the date of scale or measurement, the designation of the scale, and the name of the scaler.

(4) Where the volume of timber involved is not in excess of 1 million board feet log scale, the department may designate each tree to be cut and make a tree scale measurement of all trees to be sold.
Mont. Code Ann. § 77-3-322 — MT Code / Title 77 / Chapter 3 / Part 3 / Section 77-3-322
77-3-322 Obligation to pay royalties under coal lease contract -- interest
Status: in_force

77-3-322 . Obligation to pay royalties under coal lease contract -- interest. (1) The obligation arising under a coal lease to pay coal royalties to the department, to deliver coal to a purchaser to the credit of the department, or to pay a portion of the proceeds of the sale of the coal to the department is of the essence in the lease contract.

(2) If the operator under a coal lease fails to pay coal royalties to the department within 120 days after the initial coal produced under the lease is marketed and within 90 days for all coal produced and marketed thereafter, the unpaid royalties must bear interest at the legal rate of interest authorized under 31-1-106 from the date due until paid. The operator may remit semiannually to the department the aggregate of 6 months' royalties if the aggregate amount is less than $50 and annually if the aggregate amount is less than $10.

(3) An action for failure to make payments under the lease or seeking payments under this section must be filed in the district court for the county in which the coal mine is located, and that court has jurisdiction over any actions brought under this section. The prevailing party in a proceeding brought under this section is entitled to recover court costs and reasonable attorney fees.

(4) This section does not apply if the department has elected to take the owner's or assignee's proportionate share of production in kind or if there is a dispute as to the title to the minerals or entitlement to royalties, the outcome of which would affect distribution of royalty payments.
Mont. Code Ann. § 77-1-603 — MT Code / Title 77 / Chapter 1 / Part 6 / Section 77-1-603
77-1-603 Rules
Status: in_force

77-1-603 . Rules. The board shall adopt such rules as it considers necessary and proper for the purpose of carrying out the provisions of this part.
Mont. Code Ann. § 77-5-204 — MT Code / Title 77 / Chapter 5 / Part 2 / Section 77-5-204
77-5-204 Sale of timber -- fee for forest improvement
Status: in_force

77-5-204 . Sale of timber -- fee for forest improvement. (1) The board may sell timber on state lands or other forest products removed from state lands, as provided in 77-5-214 through 77-5-219 , at a per-unit price when, in the board's judgment, it is in the best interest of the state, provided that live timber is not sold for less than full market value.

(2) Timber sold or cut from state lands must be cut and removed under rules that may be prescribed by the board for standing timber preservation and fire prevention. In all cases, the board shall require the person cutting the timber to pile and burn or otherwise dispose of the brush and slash in the manner that may be prescribed by the board.

(3) Before the sale of timber is granted, the value of the timber must be appraised under the direction of the department, upon the request and subject to the approval of the board. An appraisal must show as nearly as possible the per-unit value, when appropriate, of all merchantable forest products.

(4) In addition to the price of the forest products established under subsection (1), the board may require a timber or other forest product purchaser to pay a fee for forest improvement unless the timber is to be harvested 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. Revenue from the fee must be deposited in the forest improvement account, established in 77-5-224 , to the credit of the department and, as appropriated by the legislature, may be used only for:

(a) disposing of logging slash;

(b) acquiring access and maintaining roads necessary for timber harvesting on state lands;

(c) reforesting, thinning, and otherwise improving the condition and income potential of forested state lands; and

(d) complying with legal requirements for timber harvesting.
Mont. Code Ann. § 77-1-1105 — MT Code / Title 77 / Chapter 1 / Part 11 / Section 77-1-1105
77-1-1105 Void
Status: in_force

77-1-1105 . Void. Sec. 12, Ch. 475, L. 2009.
Mont. Code Ann. § 77-2-211 — MT Code / Title 77 / Chapter 2 / Part 2 / Section 77-2-211
77-2-211 Exchange of timbered, cut-over, or burned-over lands
Status: in_force

77-2-211 . Exchange of timbered, cut-over, or burned-over lands. The board may accept on behalf of the state title in fee simple to any timbered lands or lands from which the timber has been cut or burned and in exchange may convey lands not to exceed an equal value, as determined by the board after appraisal by a qualified land appraiser, of similar state land. However, an exchange may not be made unless the exchange, in the opinion of the board, will benefit the public interest. For the purpose of an exchange, all state lands, including those referred to in 77-2-303 (2), 77-2-311 , and 77-5-101 , are subject to be offered for exchange, and any restrictions against their sale or disposal are, for the purpose of an exchange, released.
Mont. Code Ann. § 77-4-204 — MT Code / Title 77 / Chapter 4 / Part 2 / Section 77-4-204
77-4-204 Examination of power sites
Status: in_force

77-4-204 . Examination of power sites. Whenever an application in writing has been presented to the board for lease or license on a power site on state lands, the board shall make such preliminary examination as to the value of the power site, as to the plans of development submitted by the applicant, and of all other matters relating to the proposed development as it deems necessary for the proper disposition of the business.
Mont. Code Ann. § 77-2-214 — MT Code / Title 77 / Chapter 2 / Part 2 / Section 77-2-214
77-2-214 Investigation and findings concerning exchange of land
Status: in_force

77-2-214 . Investigation and findings concerning exchange of land. (1) The department shall, as soon as it concludes its investigation thereof, report to the board the facts disclosed by its investigation and include in its report a recommendation concerning the proposal, including its reasons therefor in writing.

(2) After considering the report and recommendation and making such further investigation as it considers advisable, the board shall consider the entire matter, make findings and conclusions concerning the proposal, and make an order:

(a) rejecting and dismissing the proposal if in the judgment of the board the exchange is not in the public interest; or

(b) accepting the proposal and ordering the exchange to be made if in the judgment of the board the exchange is in the public interest and should be made.

(3) An order accepting the proposal shall contain an accurate description of all lands to be exchanged.
Mont. Code Ann. § 77-1-135 — MT Code / Title 77 / Chapter 1 / Part 1 / Section 77-1-135
77-1-135 Terminated
Status: in_force

77-1-135 . Terminated. Sec. 7, Ch. 380, L. 1999.
Mont. Code Ann. § 77-3-405 — MT Code / Title 77 / Chapter 3 / Part 4 / Section 77-3-405
77-3-405 Leased lands to be generally compact and contiguous
Status: in_force

77-3-405 . Leased lands to be generally compact and contiguous. (1) The lands shall be leased in as compact bodies as the form and areas of the tracts held by the state and offered for lease will permit.

(2) No lease may embrace noncontiguous subdivisions of lands unless the subdivisions are within an area comprising not more than 1 square mile.
Mont. Code Ann. § 77-2-345 — MT Code / Title 77 / Chapter 2 / Part 3 / Section 77-2-345
77-2-345 Limitation for cancellation of patent
Status: in_force

77-2-345 . Limitation for cancellation of patent. No action shall be brought to vacate or cancel any patent issued by the state after the expiration of 2 years from the date of such patent except upon the ground of fraud.
Mont. Code Ann. § 77-4-107 — MT Code / Title 77 / Chapter 4 / Part 1 / Section 77-4-107
77-4-107 Compensation to surface lessee
Status: in_force

77-4-107 . Compensation to surface lessee. The lessee of any geothermal lease shall compensate the surface lessee for any damage to the surface or leasehold interest caused as a result of the geothermal lease. The board may require the geothermal lessee to post a bond in an amount to be set by the board to insure the payment of damages to any surface lessee. If the surface lessee and the geothermal lessee disagree as to the reasonable amount of surface damage, damage shall be ascertained in the same manner as prescribed in 77-4-129 .
Mont. Code Ann. § 77-1-402 — MT Code / Title 77 / Chapter 1 / Part 4 / Section 77-1-402
77-1-402 Basis for classification or reclassification
Status: in_force

77-1-402 . Basis for classification or reclassification. (1) The classification or reclassification shall be so made as to place state land in the class which best accomplishes the powers and duties of the board as specified in 77-1-202 and 77-1-203 . When state lands are classified or reclassified in accordance with these duties and responsibilities, special attention shall be paid to the capability of the land to support an actual or proposed land use authorized by each classification.

(2) It is the duty of the department to classify or reclassify state lands so that no state land will be sold, leased, or used under a different classification from that to which it actually belongs.
Mont. Code Ann. § 77-2-308 — MT Code / Title 77 / Chapter 2 / Part 3 / Section 77-2-308
77-2-308 Approval or disapproval of sales
Status: in_force

77-2-308 . Approval or disapproval of sales. All sales of state lands shall be subject to the approval and confirmation by the board, and no sale shall be deemed completed until after such approval and confirmation. The board shall have the power and it shall be its duty to disapprove any sale which in its opinion would be disadvantageous to the state.
Mont. Code Ann. § 77-1-810 — MT Code / Title 77 / Chapter 1 / Part 8 / Section 77-1-810
77-1-810 Weed control management
Status: in_force

77-1-810 . Weed control management. (1) The department shall establish a weed control management program for the control of noxious weeds reasonably proved to be caused by the recreational use of state lands. The department may by rule establish a noxious weed management program that may include direct compensation for noxious weed control activities or participation in district and county weed control projects or department-initiated weed control activities.

(2) Funding for this program must come from appropriations from the trust land administration account provided for in 77-1-108 .
Mont. Code Ann. § 77-1-116 — MT Code / Title 77 / Chapter 1 / Part 1 / Section 77-1-116
77-1-116 Additional penalty
Status: in_force

77-1-116 . Additional penalty. In addition to the penalties provided for in this code against those committing trespass upon any of the lands owned or held in trust or otherwise by the state, the board is hereby authorized and empowered, without legal process, to seize and take or cause to be seized and taken any and all lumber, wood, grass, or other property unlawfully severed from the lands, whether the same has been removed from said lands or not, and may dispose of the same at either public or private sale in such manner as will be most conducive to the interests of the state, and all moneys arising therefrom, after deducting the reasonable and necessary expenses of such seizure and sale, shall be a part of the permanent fund to which such lands may belong.
Mont. Code Ann. § 77-6-209 — MT Code / Title 77 / Chapter 6 / Part 2 / Section 77-6-209
77-6-209 Change from grazing lease to agricultural lease
Status: in_force

77-6-209 . Change from grazing lease to agricultural lease. (1) When land is leased for grazing purposes and the lessee desires to cultivate any part of the land, the lessee shall, before doing any cultivation, make application to the department stating how much land the lessee desires to cultivate and showing the location in the section of the land and agree that for the remainder of the term of the lease the annual rental will be at the rate of the original lease until the time that the first crop is harvested from the cultivated portion of the lease. At the time of the first harvest, the lease must be at the original rate for that portion remaining as grazing land plus the crop share rental for that portion cultivated. If any person cultivates lands leased for grazing purposes without first securing the right to do so under this section, the department shall either cancel the lease, subject to the appeal procedure provided in 77-6-211 , or require the lessee to pay twice the regular agricultural rental on the land cultivated in addition to the grazing rental.

(2) The provisions of this section must be incorporated in every lease.
Mont. Code Ann. § 77-1-201 — MT Code / Title 77 / Chapter 1 / Part 2 / Section 77-1-201
77-1-201 Board -- meetings and officers
Status: in_force

77-1-201 . Board -- meetings and officers. (1) The board shall hold regular meetings at least once each month and may hold special meetings whenever considered necessary upon call of the president or a majority of the members.

(2) Three members of the board constitute a quorum for the transaction of business. The governor is the president of the board. In the governor's absence, the lieutenant governor shall preside, and in the lieutenant governor's absence, the superintendent of public instruction shall preside.
Mont. Code Ann. § 77-1-229 — MT Code / Title 77 / Chapter 1 / Part 2 / Section 77-1-229
77-1-229 Public land trust purchases
Status: in_force

77-1-229 . Public land trust purchases. (1) Subject to legislative appropriation, the board is authorized to evaluate potential purchases and purchase interests in and appurtenances to real property from the proceeds of the account established in 77-1-228 pursuant to the limitations of 77-1-220 , 77-1-228 , and this section. Transactional costs may not exceed 7% of the purchase price of acquired property. Prior to purchasing interests in and appurtenances to real property, the board shall consider the following:

(a) the income-generating potential of the real property and appurtenances;

(b) the opportunity for sustainable forest management activities and outcomes as described in 76-13-701 and 76-13-702 ;

(c) the opportunity for recreational use of the real property and appurtenances consistent with Title 77, chapter 1, part 8; and

(d) the cost-benefits of potential real property and appurtenance purchases. This cost-benefit analysis must be made available to the public upon request.

(2) Prior to purchasing any real property and appurtenances, the board shall determine that the benefits of the purchase are significant and outweigh the financial risks. In order to reach that determination, the board shall examine the purchase of any real property and appurtenances as if the board had a fiduciary duty as a reasonably prudent trustee of a perpetual trust. For the purposes of this section, that duty requires the board to:

(a) discharge its duties with the care, skill, and diligence that a prudent person acting in a similar capacity with the same resources and familiar with similar matters should exercise in the conduct of an enterprise of similar character and aims;

(b) manage the land holdings purchased pursuant to this section in accordance with an asset management plan to minimize the risk of loss and maximize the sustained rate of return;

(c) discharge its duties and powers solely in the interest of and for the benefit of the public land trust;

(d) discharge its duties subject to the fiduciary standards set forth in 72-38-801 ; and

(e) determine the potential for job creation.

(3) All interests in real property and appurtenances acquired under this section must be managed pursuant to this title and are subject to the provisions of Article X, section 11, of the Montana constitution.

(4) After deductions for administrative costs pursuant to 77-1-109 , the net interest and income earned on real property and appurtenances purchased with funds from the account established in 77-1-228 must be distributed to the guarantee account provided for in 20-9-622 for distribution to public schools.
Mont. Code Ann. § 77-3-435 — MT Code / Title 77 / Chapter 3 / Part 4 / Section 77-3-435
77-3-435 Payments due to state -- audit -- notice -- action
Status: in_force

77-3-435 . Payments due to state -- audit -- notice -- action. (1) The report under 77-3-431 must be accompanied by payment of the amount due the state as royalty for the month covered by the report unless the state's royalty is being or has been paid directly by the purchaser. However, when the amount of royalty due from a lease is determined by the board to be so small as to make it uneconomical to collect monthly, the board may authorize royalty payments to be made semiannually.

(2) Oil and gas leases granted by the state must contain suitable provisions imposing upon all lessees the obligation to make payments due the state in the manner, at the time, and to the representative of the state that may be required by the board.

(3) Except as provided in subsection (4), the department may, within 7 years of the filing of a report pursuant to 77-3-431 , commence an audit of a lessee's or a former lessee's operation to determine whether the report is complete and accurate and whether all royalties owed have been paid. The department shall notify the lessee in writing of the audit. The notice must describe the period for which the audit is being conducted. Upon conclusion of the audit, the department shall notify the lessee of the department's conclusions and, if the department has determined that additional royalties are owed, the basis for that determination. An action to compel payment of royalties due must be commenced within 2 years of the date of mailing the notice.

(4) If a lessee or former lessee, with intent to evade payment of royalties, purposely or knowingly files a false report or purposely or knowingly fails to pay royalties owed, the department may conduct an audit and file an action to collect royalties at any time after the royalty is due.
Mont. Code Ann. § 77-3-132 — MT Code / Title 77 / Chapter 3 / Part 1 / Section 77-3-132
77-3-132 Leasing privileges of permittee
Status: in_force

77-3-132 . Leasing privileges of permittee. (1) During the life of any permit the permittee may apply for a lease of the lands or mineral rights covered by the permit, and if a lease is granted it must be in the form and subject to all the terms and conditions specified in this part, as in the case of a mining lease issued under this part.

(2) If some other person makes a better bid for a mining lease upon the land covered by the permit and if the board awards a mining lease to a better bidder, the board shall also require the mining lessee to pay to the permittee, prior to the issuance of the lease, the full value of all the work the permittee has performed upon the land under the permit in connection with prospecting and exploration work. Within 30 days from the date the board gives the permittee notice of the issuance of the mining lease or within a further time as the board upon good cause shown allows, the permittee may remove any machinery, equipment, improvements, and other property placed on the land by the permittee.
Mont. Code Ann. § 77-1-1112 — MT Code / Title 77 / Chapter 1 / Part 11 / Section 77-1-1112
77-1-1112 Historic use of navigable riverbeds -- authorization required -- exemptions
Status: in_force

77-1-1112 . Historic use of navigable riverbeds -- authorization required -- exemptions. (1) A person using the bed of a navigable river below the low-water mark without written authorization from the department prior to October 1, 2011, who wants to continue use of the bed of a navigable river after October 1, 2011, shall file for authorization of the use on a form prescribed by the department for a lease, license, or easement by July 15, 2025.

(2) A person using the bed of a river below the low-water mark without written authorization from the department who wants to continue use of the bed after the date the river is determined to be a navigable river shall file for authorization of the use on a form prescribed by the department for a lease, license, or easement within 5 years after the date that notice is issued by the department as provided in 77-1-1114 .

(3) The application must include:

(a) an application fee of $50;

(b) a notarized affidavit:

(i) demonstrating that the applicant or the applicant's predecessor in interest used the bed of a navigable river and that the use continues;

(ii) describing the acreage covered by the footprint prior to October 1, 2011, or, for applications under subsection (2), the acreage covered by the footprint prior to the date the river was determined to be navigable; and

(iii) demonstrating that the use applied for under this section is the use shown in the evidence provided in subsection (3)(c); and

(c) (i) aerial photographs demonstrating the use to which the application for authorization applies; or

(ii) other evidence of the use to which the application for authorization applies.

(4) The department shall issue the authorization for a lease, license, or easement if:

(a) the applicant provides evidence to satisfy the requirements of subsection (3);

(b) the applicant pays the application fee and the full market value of the footprint acreage;

(c) the department has, if necessary, made a site inspection of the use to which the application for authorization applies;

(d) the authorization is for only the acreage of the footprint historically used by the applicant or the applicant's predecessor in interest; and

(e) the authorization is approved by the board.

(5) Proceeds from the application fee must be deposited in the account in 77-1-1113 and must be used by the department to administer the provisions of this section.

(6) The full market value collected pursuant to subsection (4)(b) must be deposited in the appropriate trust fund established for receipt of income from the land over which an authorized use is granted.

(7) Issuance of an authorization pursuant to this section is exempt from the requirements of Title 22, chapter 3, part 4, and Title 75, chapter 1, parts 1 and 2.

(8) The department shall waive the survey requirements of 77-2-102 if the department determines that there is sufficient information available to define the boundaries of the proposed use for the purposes of recording the easement or issuing a license or lease.

(9) The requirements of this section do not apply to footprints:

(a) related to hunting, fishing, or trapping;

(b) that existed prior to November 8, 1889;

(c) for which the applicant can show an easement obtained from a state agency prior to October 1, 2011, or prior to the date the river was determined to be a navigable river; or

(d) associated with a power site regulated pursuant to Title 77, chapter 4, part 2.

(10) A person using the bed of a navigable river who is subject to this section may continue to use the bed of the navigable river for that purpose while applying for a lease, license, or easement or until the applicable timeframe for obtaining a lease, license, or easement expires. The state may not impede access to a footprint or use of a footprint during the applicable timeframe or after a lease, license, or easement is obtained.

(11) The provisions of this section do not restrict the power of the board to seek adjudication of title pursuant to 77-1-105 .
Mont. Code Ann. § 77-2-315 — MT Code / Title 77 / Chapter 2 / Part 3 / Section 77-2-315
77-2-315 Participation in irrigation districts -- lien status of land
Status: in_force

77-2-315 . Participation in irrigation districts -- lien status of land. (1) A purchaser of state lands is authorized and empowered to sign any petition that the purchaser may desire to sign for the creation of an irrigation district and the inclusion of the land purchased from the state in the irrigation district and any other petition relating to irrigation districts affecting the land purchased by the person from the state. The petition or petitions have the effect of making all the interest that the person then has in the land purchased from the state and all interest that the person may subsequently acquire in the land subject to the same liens and charges as privately owned lands under the irrigation district. If for any reason the person's certificate to the state lands and the person's rights under the certificate are canceled and the certificate is reinstated or a new certificate is issued, the liens and charges are valid against the interest in the lands of the holder of the certificate.

(2) The board for and on behalf of the state of Montana may sign a petition for the inclusion of any lands belonging to the state in an irrigation district organized or to be organized for the purpose of cooperating with the United States under the federal reclamation laws or any act of congress relating to reclamation projects and to sign any petition for the execution of a contract between the district and the United States. The interest of the state in any lands within an irrigation district is not subject to assessment or taxation for any purpose, and the state is not liable for the payment of any costs or charges arising from the fact that its lands are included within an irrigation district.

(3) The interest of a purchaser of state lands in the land purchased is subject to the same liens as other real estate. However, in the case of sale, only the interest of the purchaser or of the assignee may be sold. In the case of any sale under the provisions of this section, including the sale for taxes, the purchaser shall succeed to all the rights of the purchaser from the state under the certificate of purchase and a new certificate of purchase must be issued to the person entitled to the certificate upon satisfactory proof being submitted to the board. In the case of sale under execution or court decree, the new certificate of purchase may not be issued by the board until the period of redemption from the sale has expired and the sheriff's deed has been issued. In the case of sale for taxes, the new certificate may not be issued until the tax deed has been issued.
Mont. Code Ann. § 77-2-310 — MT Code / Title 77 / Chapter 2 / Part 3 / Section 77-2-310
77-2-310 Certain lands to be platted before sale
Status: in_force

77-2-310 . Certain lands to be platted before sale. (1) Any part of state lands that in the opinion of the board may be sold for residential or commercial purposes must before sale, at such time as the board may consider to be in the best interests of the state, be surveyed in conformity with the laws of the state for the survey and platting of townsites and additions. Except to the extent that the following provisions violate Article X, section 4 or 11, of the Montana constitution, the board and the department shall consider the ordinances of the appropriate city or town or the resolutions of the appropriate county regarding:

(a) a growth policy or a neighborhood plan adopted pursuant to Title 76, chapter 1;

(b) zoning regulations;

(c) subdivision review as provided in Title 76, chapter 3;

(d) annexation;

(e) plans for the extension of services; and

(f) other actions related to local planning.

(2) The board shall cause correct maps and plats of the lands to be made and recorded after being surveyed. A fee may not be charged by the county recorder or by any city officer for filing or recording the maps or plats when recorded on behalf of the state.

(3) Before the lands are offered for sale the lands must be appraised, with a separate appraisal to be placed on each lot. The surveyed and platted land may then be sold in the same manner and upon the same terms and conditions as other state lands are sold.
Mont. Code Ann. § 77-1-303 — MT Code / Title 77 / Chapter 1 / Part 3 / Section 77-1-303
77-1-303 Refunding of money paid by mistake
Status: in_force

77-1-303 . Refunding of money paid by mistake. If any money is erroneously paid to the state on any permit, lease, certificate of purchase, patent, loan, or in any other transaction, the department shall refund that money to the person entitled to it from the proper fund.
Mont. Code Ann. § 77-2-361 — MT Code / Title 77 / Chapter 2 / Part 3 / Section 77-2-361
77-2-361 Definitions
Status: in_force

77-2-361 . Definitions. As used in 77-2-361 through 77-2-367 , the following definitions apply:

(1) "Isolated parcel" means any state land not possessing a legal right of access by the public.

(2) "Land banking" means a process of selling various parcels of state land and using the proceeds from the sales to purchase other land, easements, or improvements that are likely to provide greater or equal trust revenue, as may be reasonably expected over a 20-year accounting period with an acceptable level of risk, for the affected trust and to diversify the land holdings of the various trusts.
Mont. Code Ann. § 77-3-306 — MT Code / Title 77 / Chapter 3 / Part 3 / Section 77-3-306
77-3-306 Conditions on manner of mining
Status: in_force

77-3-306 . Conditions on manner of mining. (1) Every coal lease shall be conditioned upon compliance with Title 82, chapter 4, parts 1 and 2.

(2) These coal leases are subject to the condition that the coal must be mined, handled, and marketed in a manner that will prevent as far as possible all waste of coal and are also subject to the condition that the mining operations shall be carried on in a systematic and orderly manner that will not make subsequent mining operations more difficult or expensive. A violation of any of these conditions is grounds for the forfeiture of the lease after a hearing before the board.
Mont. Code Ann. § 77-6-109 — MT Code / Title 77 / Chapter 6 / Part 1 / Section 77-6-109
77-6-109 Duration of agricultural or grazing lease
Status: in_force

77-6-109 . Duration of agricultural or grazing lease. Except as provided in 77-6-116 , a lease for agricultural or grazing lands may not be for a period other than 5 or 10 years.
Mont. Code Ann. § 77-2-341 — MT Code / Title 77 / Chapter 2 / Part 3 / Section 77-2-341
77-2-341 Patents
Status: in_force

77-2-341 . Patents. When the purchase price has been paid in full together with interest according to the certificate, the owner thereof shall be entitled to receive a patent for the land under such certificate.
Mont. Code Ann. § 77-1-102 — MT Code / Title 77 / Chapter 1 / Part 1 / Section 77-1-102
77-1-102 Ownership of certain islands and riverbeds
Status: in_force

77-1-102 . Ownership of certain islands and riverbeds. (1) The following lands belong to the state of Montana to be held in trust for the benefit of the public schools of the state:

(a) all islands existing in the navigable streams or lakes in this state that have not been surveyed by the government of the United States; and

(b) all lands that at any time in the past constituted an island or part of an island in a navigable stream or lake.

(2) This section does not apply to lands that are occupied by and belong to riparian landowners if the lands were formed by accretions.

(3) State-owned riverbeds are public lands of the state that are held in trust for the people as provided in Article X, section 11, of the Montana constitution.
Mont. Code Ann. § 77-1-706 — MT Code / Title 77 / Chapter 1 / Part 7 / Section 77-1-706
77-1-706 Treatment of highway lands
Status: in_force

77-1-706 . Treatment of highway lands. The department of transportation is not required to file with the department records of land used for highway rights-of-way and maintenance but is required to file with the department ownership records of state land held for administrative purposes.
Mont. Code Ann. § 77-2-104 — MT Code / Title 77 / Chapter 2 / Part 1 / Section 77-2-104
77-2-104 Nature of easements
Status: in_force

77-2-104 . Nature of easements. Easements granted under 77-2-102 and 77-2-103 include permission to install and maintain poles, anchors, and other appurtenances necessary for the mechanical support of the transmission or distribution lines.
Mont. Code Ann. § 77-4-108 — MT Code / Title 77 / Chapter 4 / Part 1 / Section 77-4-108
77-4-108 Water rights in connection with geothermal development
Status: in_force

77-4-108 . Water rights in connection with geothermal development. If any geothermal development located on state land requires the utilization of water, the lessee may, at any time prior to 1 year before the expiration of the lease, make application to the board for permission to secure a water right to the land under the lease. The application must be in writing, show the permanency of the water supply, and give the estimated cost of utilizing the water resources. If the proposed plan meets with the approval of the board, permission must be granted to the lessee to secure the desired water right for the land. The right must be secured in accordance with Title 85, chapter 2, and must be filed in the name of the state. Existing water rights purchased by the geothermal lessee are the property of the lessee.
Mont. Code Ann. § 77-1-911 — MT Code / Title 77 / Chapter 1 / Part 9 / Section 77-1-911
77-1-911 Notice and payment of assessments
Status: in_force

77-1-911 . Notice and payment of assessments. (1) The lessee of a commercial lease on state trust land shall furnish to the department:

(a) officially certified descriptions of all state trust land included within the boundaries of a city or county improvement district that is the subject of the commercial lease; and

(b) a description and listing of the amount of assessments and charges of every character made against the leasehold interest of the lessee and the leasehold interest of the state, as soon as the assessments or charges are levied.

(2) A promise by the lessee to make timely payment of all assessment charges and an acknowledgment of the assessment must be inserted in any lease for state trust land.

(3) If assessments have been levied against any state trust land prior to commercial lease, the board shall require that all unpaid installments on assessments be paid to the improvement district before executing a lease.

(4) If an installment on an assessment or charge against the leasehold interest of the lessee of land subject to a commercial lease is not paid when due, the nonpayment constitutes a breach of the lease.
Mont. Code Ann. § 77-6-402 — MT Code / Title 77 / Chapter 6 / Part 4 / Section 77-6-402
77-6-402 Filing with department required
Status: in_force

77-6-402 . Filing with department required. The pledgee of such lease or the mortgagee of such leasehold interest shall, within 30 days after receipt of the pledge agreement or mortgage, file it or a certified copy thereof with the department.
Mont. Code Ann. § 77-1-203 — MT Code / Title 77 / Chapter 1 / Part 2 / Section 77-1-203
77-1-203 Multiple-use management
Status: in_force

77-1-203 . Multiple-use management. (1) The board shall manage state lands under the multiple-use management concept defined as the management of all the various resources of the state lands so that:

(a) they are utilized in that combination best meeting the needs of the people and the beneficiaries of the trust, making the most judicious use of the land for some or all of those resources or related services over areas large enough to provide sufficient latitude for periodic adjustments in use to conform to changing needs and conditions and realizing that some land may be used for less than all of the resources; and

(b) harmonious and coordinated management of the various resources, each with the other, will result without impairment of the productivity of the land, with consideration being given to the relative values of the various resources.

(2) If a parcel of state land in one class has other multiple uses or resource values which are of such significance that they do not warrant classification for the value, the land shall, nevertheless, be managed insofar as is possible to maintain or enhance these multiple-use values.

(3) State lands, including those lands that are leased primarily for other purposes, are open to general recreational use subject to legal access and to closures and restrictions pursuant to rules adopted under 77-1-804 .

(4) The department shall include in all new or renewal leases and licenses a provision that leased lands may not be closed at any time to the public for general recreational purposes without advance written permission of the department.
Mont. Code Ann. § 77-1-806 — MT Code / Title 77 / Chapter 1 / Part 8 / Section 77-1-806
77-1-806 Prior notification to lessee of recreational use -- trespass -- penalty
Status: in_force

77-1-806 . Prior notification to lessee of recreational use -- trespass -- penalty. (1) If a lessee of state lands under this part desires to be notified prior to anyone entering upon the leasehold, the lessee shall post, at customary access points, signs provided or authorized by the department. The signs must set forth the lessee's or the lessee's agent's name, address, telephone number, and method of notification. The lessee or the lessee's agent must be available to receive notice from recreational users or provide an alternative means for notice as prescribed by rule. When state land is posted, recreational users shall contact and identify themselves to the lessee or the lessee's agent for the purposes of minimizing impact upon the leasehold interest and learning the specific boundaries of adjacent unfenced private property.

(2) Each recreational user of state lands shall obtain permission of the lessee or the lessee's agent before entering the adjacent private property owned by the lessee. Entry to private property from adjacent state lands without permission of the landowner or the landowner's agent is an absolute liability offense. A violator of this subsection is guilty of a misdemeanor and shall be fined not less than $50 or more than $500 or imprisoned in the county jail for not more than 6 months, or both.

(3) A person may be found guilty of the offense described in subsection (2) regardless of the absence of fencing or failure to post a notice in accordance with 45-6-201 .

(4) The use of a ford or crossing on a navigable river or stream by the adjacent landowner may not be considered a trespass for the purposes of this section.
Mont. Code Ann. § 77-2-106 — MT Code / Title 77 / Chapter 2 / Part 1 / Section 77-2-106
77-2-106 Charge for granting of easement -- in-kind payments for easements
Status: in_force

77-2-106 . Charge for granting of easement -- in-kind payments for easements. (1) The board shall charge and collect the full market value of the estate or interest disposed of through the granting of any easement and also fix, charge, and collect the amount of the actual damages resulting to the remaining land from the granting of an easement as nearly as the damages can be ascertained.

(2) The board may accept, as lawful consideration, in-kind payments of services and materials equal to the full market value of any easement upon state trust land.
Mont. Code Ann. § 77-6-210 — MT Code / Title 77 / Chapter 6 / Part 2 / Section 77-6-210
77-6-210 Cancellation of leases
Status: in_force

77-6-210 . Cancellation of leases. (1) The department may cancel a lease for any of the following causes:

(a) fraud, misrepresentation, or concealment of facts relating to its issue, which if known would have prevented its issue in the form or to the party issued;

(b) subleasing state land contrary to the provisions of 77-6-212 ;

(c) using the land for other purposes than those authorized by the lease;

(d) conviction of the lessee for a felony offense involving a dangerous drug, as defined in Title 50, chapter 32, and involving the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, or concealing of a dangerous drug on any portion of the unit; however, when a state land lease is held by an association, company, or corporation, conviction of a member of the association, company, or corporation under this subsection does not result in cancellation of the lease unless it appears that the operator, manager, or family in control of the association, company, or corporation is a consenting party or privy to the violation of this subsection;

(e) for any other cause which in the judgment of the department makes the cancellation of the lease necessary in order to do justice to all parties concerned and to protect the interests of the state.

(2) Cancellation of a lease under this section does not entitle the lessee to any refund of rentals paid or exemption from the payment of any rentals, penalties, or other compensation due the state.
Mont. Code Ann. § 77-4-203 — MT Code / Title 77 / Chapter 4 / Part 2 / Section 77-4-203
77-4-203 Restrictions and regulations
Status: in_force

77-4-203 . Restrictions and regulations. In issuing any lease or license under the provisions of this part, the board shall have the power and it shall be its duty to incorporate in the lease or license such reasonable restrictions and regulations as it finds necessary in order to protect the interest of the state and its people.
Mont. Code Ann. § 77-3-301 — MT Code / Title 77 / Chapter 3 / Part 3 / Section 77-3-301
77-3-301 Coal leases authorized
Status: reserved

77-3-301 . Coal leases authorized. In response to an application or on its own initiative, the board may lease in a manner that it considers in the best interests of the state any state lands to which the title is vested in the state and in which the coal or coal rights are not reserved by the United States for exploring for, mining, removing, selling, and disposing of the coal, upon the terms and conditions provided in this section and subject to the rules that the board prescribes.
Mont. Code Ann. § 77-1-908 — MT Code / Title 77 / Chapter 1 / Part 9 / Section 77-1-908
77-1-908 Land use license issuance following reclassification
Status: in_force

77-1-908 . Land use license issuance following reclassification. Following cancellation of a preexisting lease due to a reclassification pursuant to 77-1-401 through 77-1-403 , the department may issue a land use license for the commercial lands reclassified for a term the department considers necessary to protect the income to the trust and to protect the state.
Mont. Code Ann. § 77-2-342 — MT Code / Title 77 / Chapter 2 / Part 3 / Section 77-2-342
77-2-342 Execution of patents
Status: in_force

77-2-342 . Execution of patents. (1) The governor and, in the governor's absence or inability, the lieutenant governor shall execute deeds or patents of conveyance transferring without covenants any lands sold by the board under the laws of this state when full payment has been made for the land.

(2) The deed or patent must be attested by the secretary of state, must be countersigned by the director of the department, and must have the great seal of the state and the seal of the board attached to the deed or patent but need not be acknowledged.
Mont. Code Ann. § 77-2-351 — MT Code / Title 77 / Chapter 2 / Part 3 / Section 77-2-351
77-2-351 Sale to or exchange of property with public entity
Status: in_force

77-2-351 . Sale to or exchange of property with public entity. Notwithstanding any other section in this chapter, any lands may be sold to or exchanged for other land or for other consideration with another public entity on terms and in a manner that the board, after consultation with the appropriate legislative committee, may determine to be in the state's best interest, subject to The Enabling Act and constitutional restrictions. In the case of land that is not granted to or held by the state in trust for the support of the common schools, for a state institution, or for another specific purpose, the board may accept as partial or total consideration for the transfer of the land a binding commitment by the transferee to use the property to provide a community service or a benefit that fulfills a public purpose. The sale or exchange of the property may not be finally concluded until 60 days' public notice of the terms of the proposed sale or exchange has been given. As used in this section, "public entity" means any county, city, municipal corporation, school district, regional water authority provided for in Title 75, chapter 6, part 3, or special improvement or taxing district.
Mont. Code Ann. § 77-3-502 — MT Code / Title 77 / Chapter 3 / Part 5 / Section 77-3-502
77-3-502 Rules
Status: in_force

77-3-502 . Rules. The board shall have the power and authority to prescribe such rules and to do and perform all acts and things not inconsistent with The Enabling Act, the constitution, and the statutes of this state as it may deem necessary and proper relating to the leasing of state lands for the underground storage of natural gas and the sale of the gas remaining in state lands in a gas field wherein native gas deposits have been depleted.
Mont. Code Ann. § 77-1-613 — MT Code / Title 77 / Chapter 1 / Part 6 / Section 77-1-613
77-1-613 Administrative costs associated with sale of timber from state trust lands
Status: in_force

77-1-613 . Administrative costs associated with sale of timber from state trust lands. (1) The department may use funds appropriated from the trust land administration account provided for in 77-1-108 for timber sale preparation, documentation, administration, and contract harvesting costs.

(2) In order to increase the volume of timber sold at the earliest possible time while continuing to meet the requirements of applicable state and federal laws and in order to avoid unnecessary delays and extra costs that would result from increasing its permanent staff, the department may contract for services that will enable achievement of the purposes of this section and that will achieve the highest net return to the trusts.

(3) To maximize overall return to the trusts, the timely salvage of timber must be considered. However, salvage timber sales may not adversely affect the implementation of green timber sales programs conducted pursuant to 77-5-201 .
Mont. Code Ann. § 77-1-1114 — MT Code / Title 77 / Chapter 1 / Part 11 / Section 77-1-1114
77-1-1114 Notice required
Status: in_force

77-1-1114 . Notice required. (1) Before July 1, 2016, the department shall provide notice of the requirements of this part to owners of property adjacent to rivers that were navigable rivers on October 1, 2011, and provide notice pursuant to subsection (3).

(2) For a river determined to be a navigable river after October 1, 2011, the department shall provide notice of the requirements of this part to owners of property adjacent to the navigable river within 6 months of the determination that the river is navigable. The 5-year period pursuant to 77-1-1112 begins when the department issues this notice and publishes the notice required in subsection (3) of this section.

(3) The department shall publish notice of navigable rivers and the requirements of this part twice in a newspaper of general circulation in the area of the navigable river.
Mont. Code Ann. § 77-3-507 — MT Code / Title 77 / Chapter 3 / Part 5 / Section 77-3-507
77-3-507 Lessee to prevent waste
Status: in_force

77-3-507 . Lessee to prevent waste. (1) Leases issued under the provisions of this part shall all be subject to the conditions that the lessee in conducting the underground storage of natural gas shall use all reasonable precautions to prevent waste of oil or gas developed in the land or the entrance of water through wells drilled to store natural gas to the oil or gas sands or oil or gas bearing strata to the destruction or injury of oil or gas deposits.

(2) Violations of any of these conditions shall constitute grounds for the forfeiture of the lease after hearing had thereon before the board.
Mont. Code Ann. § 77-3-426 — MT Code / Title 77 / Chapter 3 / Part 4 / Section 77-3-426
77-3-426 Lessee to prevent waste
Status: in_force

77-3-426 . Lessee to prevent waste. Oil and gas leases issued under the provisions of this part must all be subject to the conditions that the lessee in conducting explorations and mining or drilling operations shall use all reasonable precautions to prevent waste of oil or gas developed in the land or the entrance of water through wells drilled by the lessee to the oil or gas sands or oil-bearing or gas-bearing strata to the destruction or injury of the oil or gas deposits. Violations of any of these conditions constitutes grounds for the forfeiture of the lease after a hearing on the violations before the board.
Mont. Code Ann. § 77-2-303 — MT Code / Title 77 / Chapter 2 / Part 3 / Section 77-2-303
77-2-303 Restrictions on land available for sale
Status: reserved

77-2-303 . Restrictions on land available for sale. (1) Land that in the judgment of the department is likely to contain valuable deposits of coal, oil, oil shale, phosphate, metals, sodium, or other valuable mineral deposits is not subject to sale of either the surface land or any of the mineral deposits. However, this subsection does not prohibit the sale of lands containing sand, gravel, building stone, brick clay, or similar materials.

(2) (a) Except any lands previously leased as cabin sites, there is reserved from sale from all state land bordering on navigable lakes, nonnavigable meandered lakes, and navigable streams, that the board considers in the best interests of the state, a strip of land that includes all the land lying between the low-water mark and high-water mark and that extends in width landward from the line of the high-water mark of the lake or stream the full width of the 40-acre tract or government lot abutting the line of the high-water mark. If the width of the abutting government lot at its narrowest point is less than 100 feet, then the strip reserved must extend to and include the next adjoining 40-acre tract or government lot. The land reserved from sale by this subsection is subject to the granting of easements the same as other state lands.

(b) Strips of land bordering on meandering lakes or on navigable streams, except the strip lying between the low-water and high-water mark, whether surveyed and platted into blocks and lots or not, may be leased as provided in this title for the leasing of other state lands.
Mont. Code Ann. § 77-1-405 — MT Code / Title 77 / Chapter 1 / Part 4 / Section 77-1-405
77-1-405 Island parks established -- development limited
Status: in_force

77-1-405 . Island parks established -- development limited. (1) In order to retain the integrity of the recreational experience associated with Montana's river and lake islands, development of undisputed state-owned or state-leased island property, which is hereby designated as island parks, including islands designated as state property under 70-18-203 , lying within and surrounded by a navigable river, stream, or lake is limited, after April 30, 1997, to:

(a) the installation of minimal signage indicating that the island is a designated island park in which development has been limited and encouraging the public to help in maintaining the island park's primitive character by packing out trash;

(b) necessary latrine facilities if approved by the state parks and recreation board established in 2-15-3406 ;

(c) footings or pilings necessary for the construction of a bridge;

(d) oil and gas leasing; and

(e) development of a boat dock at Wild Horse Island state park.

(2) Improvements made to and agricultural operations on state-owned or state-leased island property prior to April 30, 1997, may be maintained or continued, but further development is limited as provided in this section.

(3) Notwithstanding the provisions of 77-1-203 regarding multiple-use management, the legislature finds that the highest and best use of island property administered as school trust land, except islands designated as natural areas pursuant to Title 76, chapter 12, is for recreation and grazing and that those islands should be left in as primitive a state as possible to protect from the loss of potential future revenue that could result from the failure to leave the islands in an undeveloped condition.

(4) For purposes of this section, state ownership or state lease of island property is disputed if the dispute arises before, on, or after April 30, 1997.
Mont. Code Ann. § 77-4-128 — MT Code / Title 77 / Chapter 4 / Part 1 / Section 77-4-128
77-4-128 Permission for and disposition of improvements
Status: in_force

77-4-128 . Permission for and disposition of improvements. (1) A geothermal lessee of state lands has the right to place upon the leased lands a reasonable amount of improvements, provided that the improvements are directly related to the purpose of the lease.

(2) Whenever another person becomes the geothermal lessee, the person shall pay the former lessee the reasonable value of the improvements at the time the new lessee takes possession of the improvements.

(3) In determining the value of these improvements, the original cost, the present condition, and the suitability of the improvements for the uses ordinarily made of geothermal resources must be considered.

(4) The former lessee may remove or dispose of the movable improvements from the land within 60 days from the expiration of the former lessee's lease except for the well casing and other equipment necessary for the preservation of any geothermal well. If not removed within 60 days, improvements become the property of the state unless the board grants additional time for the removal of the improvements. Before a lease is issued to the new lessee, the new lessee shall show that the new lessee has paid the former lessee the value of the improvements as agreed upon by them or as fixed and determined under 77-4-129 , that the new lessee has offered to pay the value of the improvements as fixed and determined, or that the former lessee elects to remove the improvements.
Mont. Code Ann. § 77-6-504 — MT Code / Title 77 / Chapter 6 / Part 5 / Section 77-6-504
77-6-504 Lease rentals for part year
Status: in_force

77-6-504 . Lease rentals for part year. Lease rentals for agricultural or grazing state land, where the lease term begins after February 28 in the initial year of the lease, shall be for the whole of the yearly rate for the fractional part of the initial year if the lease term begins prior to July 1 in such fractional part of year, and for one-half the yearly rate for such fractional part of the year if the lease term begins after June 30 in the initial year and prior to the succeeding February 28.
Mont. Code Ann. § 77-1-1109 — MT Code / Title 77 / Chapter 1 / Part 11 / Section 77-1-1109
77-1-1109 Legislative findings -- purpose
Status: in_force

77-1-1109 . Legislative findings -- purpose. (1) The legislature finds that:

(a) Article IX, section 3, of the Montana constitution provides that the use of all water that is or may be appropriated for sale, rent, distribution, or other beneficial use, the right-of-way over the lands of others for all ditches, drains, flumes, canals, and aqueducts necessarily used in connection with the beneficial use, and the sites for reservoirs necessary for collecting and storing water are a public use;

(b) a person who has historically used the bed of a navigable river in conjunction with a legal use of water or for other uses or a person who desires to use the bed of a navigable river in conjunction with a legal use of water or for other uses must be able to do so provided that statutory provisions are met; and

(c) any person who uses the bed of a navigable river after October 1, 2011, shall apply to the state for a lease, license, or easement and pay full market value for the use of the riverbed.

(2) The purpose of this part is to clarify the process for the use of the beds of navigable rivers and how the state should be compensated for that use.

(3) Nothing in this part diminishes the state's ownership of the beds of navigable rivers, streams, or lakes under any other law.
Mont. Code Ann. § 77-6-302 — MT Code / Title 77 / Chapter 6 / Part 3 / Section 77-6-302
77-6-302 Compensation for improvements -- actual costs
Status: in_force

77-6-302 . Compensation for improvements -- actual costs. (1) Except for the improvements described in 77-1-134 , prior to renewal of a lease, the department shall request from the lessee a listing of improvements on the land associated with the lease, including the reasonable value of the improvements. This information must be provided to any party requesting to bid on the lease. Except for the improvements described in 77-1-134 , when another person becomes the lessee of the land, the person shall pay to the former lessee the reasonable value of the improvements. The reasonable value may not be less than the full market value of the improvements.

(2) If the former lessee is unable to produce records establishing the reasonable value or if the former lessee and the new lessee are unable to agree on the reasonable value of the improvements, the value must be ascertained and fixed as provided in 77-6-306 . The former lessee shall initiate this process within 60 days of notification from the department that there is a new lessee. The department notification must include an explanation of the requirements of 77-6-306 . Failure to initiate the process within this time period results in all improvements, except those described in 77-1-134 , becoming the property of the state.

(3) Upon the termination of a lease, the department may grant a license to the former lessee to remove the movable improvements from the land. Upon authorization, the movable improvements must be removed within 60 days or they become the property of the state unless the department for good cause grants additional time for the removal. The department shall charge the former lessee for the period of time that the improvements remain on the land after the termination of the lease.
Mont. Code Ann. § 77-3-211 — MT Code / Title 77 / Chapter 3 / Part 2 / Section 77-3-211
77-3-211 Limitation on public inspection rights
Status: in_force

77-3-211 . Limitation on public inspection rights. The department shall withhold from public inspection any information obtained from a lessee under this part if the information relates to proprietary geological information. The withholding is effective for as long as the department considers necessary, but in no event may be less than 5 years after the expiration of the lease or permit, to protect the lessee's economic interest in the proprietary geologic information against unwarranted injury or to protect the public's best interest.
Mont. Code Ann. § 77-3-120 — MT Code / Title 77 / Chapter 3 / Part 1 / Section 77-3-120
77-3-120 Bonds to protect prior purchasers, lessees, or contractees
Status: in_force

77-3-120 . Bonds to protect prior purchasers, lessees, or contractees. (1) If the lands at the time of the issuance of a mining lease have been sold, are under contract of sale, or have been leased for agricultural, grazing, or other purposes, the board shall provide against the infringement of the rights of the prior purchaser, contractee, or lessee and among other things may at any time require the mining lessee to file with the department a corporate surety bond in a reasonable amount fixed by the board, conditioned to protect the rights of the prior purchaser, contractee, or lessee.

(2) The form of the bond shall be prescribed by the board, and the bond shall run to the state for the benefit of the prior purchaser, contractee, or lessee. New or additional bonds may be required by the board at any time.

(3) Suit may be brought upon the bond by any such prior purchaser, contractee, or lessee for alleged violation of the terms of the bond by the mining lessee. Such suit shall be brought by the claimant in the name of the state for the use and benefit of the claimant, and any recovery upon the bond shall be paid to the claimant.
Mont. Code Ann. § 77-3-408 — MT Code / Title 77 / Chapter 3 / Part 4 / Section 77-3-408
77-3-408 Certain state officers not to be interested in leases
Status: in_force

77-3-408 . Certain state officers not to be interested in leases. It is unlawful for any officer or employee of any agency of the executive branch of state government who is required to inspect or examine oil or gas wells or otherwise to gather field information in regard to prospecting for oil and gas or the production thereof to lease or to become interested in any manner in any oil or gas lease on state lands.
Mont. Code Ann. § 77-1-912 — MT Code / Title 77 / Chapter 1 / Part 9 / Section 77-1-912
77-1-912 Rulemaking
Status: in_force

77-1-912 . Rulemaking. The board may adopt rules to:

(1) establish procedures for the issuance of requests for proposals for commercial purposes and the commercial leasing of state trust land;

(2) prescribe the form and content of commercial leases; and

(3) develop any other procedures necessary to fulfill the purposes of this part or to implement the commercial leasing of state trust land.
Mont. Code Ann. § 77-5-207 — MT Code / Title 77 / Chapter 5 / Part 2 / Section 77-5-207
77-5-207 Salvage timber program
Status: in_force

77-5-207 . Salvage timber program. (1) The department shall establish a salvage timber program that provides for the timely salvage logging on state forests of dead or dying timber or timber that is threatened by insects, disease, fire, or windthrow. In managing the harvest of salvage timber, the department shall consider:

(a) the economic value of the timber to be salvaged;

(b) the cost of salvage efforts; and

(c) the long-term costs to all forest resources from insects, disease, or fire that otherwise might be controlled through salvage operations.

(2) The department shall, to the extent practicable, harvest dead and dying timber before there is substantial wood decay and value loss.

(3) The department may sell salvage timber pursuant to this part.

(4) The department's salvage timber program may not take precedence over the timely sale and harvest of green timber.
Mont. Code Ann. § 77-2-309 — MT Code / Title 77 / Chapter 2 / Part 3 / Section 77-2-309
77-2-309 Discretion of board with respect to surveying and platting
Status: in_force

77-2-309 . Discretion of board with respect to surveying and platting. The board has the option of determining whether or not state land must be surveyed, platted, and laid off into blocks and lots.
Mont. Code Ann. § 77-1-216 — MT Code / Title 77 / Chapter 1 / Part 2 / Section 77-1-216
77-1-216 Disposition of revenues and profits
Status: in_force

77-1-216 . Disposition of revenues and profits. All revenues derived from lands acquired under the provisions of 77-1-214 shall be segregated by the state treasurer for the use of the board in the acquisition, management, development, and use of such lands until all obligations incurred have been paid in full. Thereafter, 50% of all net profits accruing from the administration of such lands shall be applicable for such purposes as the legislature may prescribe and 50% shall be paid into the school fund of the county in which lands are located.
Mont. Code Ann. § 77-1-901 — MT Code / Title 77 / Chapter 1 / Part 9 / Section 77-1-901
77-1-901 Declaration of policy and purpose
Status: in_force

77-1-901 . Declaration of policy and purpose. (1) Pursuant to Article X of the Montana constitution, the legislature declares that it is the policy of the state that state trust land is to be treated as a sacred trust and is subject to fiduciary principles in its management. It is the intent of the legislature that state trust land be managed in the best financial interest of current and future individual beneficiaries for whom this land is managed and held.

(2) A purpose of this chapter is to implement Article X of the Montana constitution. To fulfill its commitment to the management of state trust land in the best long-term financial interests of the beneficiaries, the Montana legislature finds that the state can prudently maximize the long-term revenue accruing to the beneficiaries by issuing commercial leases on land where the chief value exists in its use for commercial purposes.
Mont. Code Ann. § 77-2-343 — MT Code / Title 77 / Chapter 2 / Part 3 / Section 77-2-343
77-2-343 Patent provisions
Status: in_force

77-2-343 . Patent provisions. (1) Such deed or patent shall contain the reservation of easements for rights-of-way to the United States, reservation of all minerals in the land as provided in 77-2-304 , and all other reservations to which the particular land conveyed is subject.

(2) If the land is located within the boundaries of a federal irrigation project, the patent shall contain a lien clause substantially in the following form: The land hereby conveyed is located within the boundaries of a federal irrigation project and is subject to all liens which the United States may have thereon by reason of its being located under such irrigation project.

(3) This section does not require any reservation in a patent which was not an express or implied reservation in the certificate of purchase pursuant to which the patent is issued. The statutes in effect when such certificate of purchase was issued must govern.
Mont. Code Ann. § 77-4-104 — MT Code / Title 77 / Chapter 4 / Part 1 / Section 77-4-104
77-4-104 Nature of geothermal resources
Status: in_force

77-4-104 . Nature of geothermal resources. Geothermal resources are sui generis, being neither a mineral resource nor a water resource, but they are closely related to and possibly affecting and affected by water resources in many instances.
Mont. Code Ann. § 77-3-307 — MT Code / Title 77 / Chapter 3 / Part 3 / Section 77-3-307
77-3-307 Improvements of former lessee
Status: in_force

77-3-307 . Improvements of former lessee. (1) When a coal mining lease is applied for on land where mining operations have been carried on by a former lessee and there are surface or underground improvements on the land used at the former operations, disposition must be made of the improvements satisfactory to the board before a new lease is issued. If the owner of the improvements desires to sell the improvements to the new lessee, the new lessee shall pay the owner the reasonable value of the improvements as far as they are suitable for the new mining operations. If they fail to agree on the value of the improvements, the value must be ascertained and fixed as provided in 77-6-306 .

(2) Before a new lease is issued, the applicant shall show to the satisfaction of the board that the applicant has paid the owner for the improvements as agreed on between them or as fixed under the provisions of 77-6-306 , that the applicant has tendered payment as fixed, or that the owner desires to remove the owner's improvements.
Mont. Code Ann. § 77-1-103 — MT Code / Title 77 / Chapter 1 / Part 1 / Section 77-1-103
77-1-103 Administration of lands
Status: in_force

77-1-103 . Administration of lands. (1) The board shall sell lands under 77-1-102 (1) in the same manner as other school lands of the state are sold.

(2) The board may sell the lands under 77-1-102 (1) or lease the lands under 77-1-102 without having them surveyed unless the board considers it to be to the best interests of the state to have the lands surveyed as in 77-1-104 .

(3) The proceeds from the leasing and sale of the lands under 77-1-102 must be disposed of in the same manner as disposition is made of the proceeds from the leasing and sale of school lands of the state.

(4) The income received from the leasing, licensing, or other use of lands under 77-1-102 (1) or riverbeds under 77-1-102 (3) must be deposited in accordance with 17-3-1003 (5).
Mont. Code Ann. § 77-6-303 — MT Code / Title 77 / Chapter 6 / Part 3 / Section 77-6-303
77-6-303 Determination of compensation
Status: in_force

77-6-303 . Determination of compensation. (1) In determining the value of the improvements described in 77-6-302 , consideration must be given to their original cost, their present condition, their suitability for the uses ordinarily made of the land on which they are located, and to the general state of cultivation of the land, its productive capacity as affected by former use, and its condition with reference to the infestation of noxious weeds. Consideration must be given to all actual improvements and to all known effects that the use and occupancy of the land have had upon its productive capacity and desirability for the new lessee.

(2) However, if any of the improvements consist of the original plowing of the land and 1 year's crops have been raised on the land after the plowing, the compensation for the improvement may not exceed $2.50 per acre, and if two or more crops have been raised on the land after the original plowing, the original plowing may not be considered as an improvement to the land.
Mont. Code Ann. § 77-2-203 — MT Code / Title 77 / Chapter 2 / Part 2 / Section 77-2-203
77-2-203 Exchange for nongovernment, state government, and other state and local public entity land
Status: in_force

77-2-203 . Exchange for nongovernment, state government, and other state and local public entity land. (1) Subject to subsection (2), the board is authorized to exchange state land for land owned by:

(a) the state or an agency of the state;

(b) a political subdivision of the state, including a county, city, town, public corporation, or district created pursuant to state law;

(c) any other public body of the state; or

(d) a nongovernmental entity, including but not limited to an individual, association, partnership, or corporation.

(2) The board may exchange the land described in subsection (1) if the land is of equal or greater value, as determined by the board after appraisal by a qualified land appraiser, than the state land and as closely as possible equal in area. The contents of the appraisal must be made available to any person who makes a written request to the board. The board shall place priority on exchanges that result in consolidation of state lands into more compact bodies. This section does not apply to exchanges undertaken under 76-12-107 .

(3) If the requirements of 77-2-204 and subsections (1) and (2) of this section are met, state lands bordering on navigable lakes and streams or other bodies of water with significant public use value may be exchanged for nongovernment-owned land if the nongovernment-owned land borders on similar navigable lakes, streams, or other bodies of water.
Mont. Code Ann. § 77-3-116 — MT Code / Title 77 / Chapter 3 / Part 1 / Section 77-3-116
77-3-116 Royalty provisions
Status: reserved

77-3-116 . Royalty provisions. In every mining lease the board shall reserve to the state a royalty which shall, together with other considerations to be paid by the mining lessee, constitute the full market value as ascertained by the board of the leasehold interest conveyed by the lease. This royalty may not be less than 5% of the returns from or of the full market value of the metalliferous minerals or gems recovered by the lessee from the state lands or reserved mineral rights covered by the lease.
Mont. Code Ann. § 77-1-211 — MT Code / Title 77 / Chapter 1 / Part 2 / Section 77-1-211
77-1-211 Acceptance of federal land grants
Status: in_force

77-1-211 . Acceptance of federal land grants. (1) The board may accept any grant of lands from the United States to the state made in carrying out the provisions of The Enabling Act and also any other grant for any special purpose that may be made by the United States to the state, except as provided in subsection (2).

(2) Legislative approval is required for any acceptance of land by the state of Montana from the United States if the land was acquired by the United States through condemnation procedures.

(3) Notwithstanding any provisions of this title, the board, after consultation with the director of the department of environmental quality, may accept any lands, including buildings, granted to the state by the United States pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq. Legislative approval is not required for acceptance.
Mont. Code Ann. § 77-4-210 — MT Code / Title 77 / Chapter 4 / Part 2 / Section 77-4-210
77-4-210 Joint development with United States
Status: in_force

77-4-210 . Joint development with United States. (1) If the state land constituting a power site is part of a larger power site owned or controlled by the government of the United States, then the board may grant a joint lease or license with the United States for the development of the power site and the distribution, use, and disposition of the electrical energy generated at the power site under the laws of the United States and regulations issued pursuant to those laws.

(2) The lease or license may be granted for a term not exceeding 50 years.

(3) The share or percentage of ownership of the state in the joint power site must be in proportion to the total contribution that the lands of the state make to the value of the entire power site. Before the share of the state in the power site is advertised for lease or license, the percentage of the state's share in the entire power site must be calculated and agreed upon between the state and the United States.

(4) The fee or compensation to be paid to the state under the lease or license must be calculated on the basis of the state's share of ownership in the entire power site as calculated and agreed to. However, the fee or compensation may not be less than the full market value of the estate or interest disposed of in the lands through the granting of the lease or license to be carefully ascertained from all available sources.

(5) Before the lease or license is issued, notice of the lease or license must be given in the same manner as required in this chapter for the issuance of a separate lease or license by the state.
Mont. Code Ann. § 77-6-208 — MT Code / Title 77 / Chapter 6 / Part 2 / Section 77-6-208
77-6-208 Assignment of leases -- subleasing -- loss of preference right
Status: in_force

77-6-208 . Assignment of leases -- subleasing -- loss of preference right. (1) Leases to state lands may be assigned on blanks prescribed by the department, but an assignment is not binding on the state unless the assignment is filed with the department and approved by it and payment made of the assignment fee under 77-1-302 .

(2) Preference must always be given to the applicant who wants the land for the applicant's own individual use, so that the full advantage coming from the leasing and use of the lands may reach those who actually till the soil and so that they are not compelled to pay a higher rental than that due the state.

(3) (a) If a lessee, other than a holder of a commercial lease, subleases state lands on terms less advantageous to the sublessee than the terms given by the state, the department shall cancel the lease, subject to the appeal procedure provided in 77-6-211 .

(b) If a lessee subleases state lands without filing a copy of the sublease with the department and without receiving the department's approval, the department may cancel the lease, subject to the appeal procedure provided in 77-6-211 .

(c) Upon approval by the department, a commercial leaseholder may sublease state land on terms less advantageous to the sublessee than the terms given to the lessee by the state. However, the department may adjust the lease rate to require that the lessee pay the state a portion of what the sublessee pays to the lessee.

(4) The subleasing of state land may result in loss of the preference right to renew the lease as provided in 77-6-212 .

(5) An assignment or series of assignments may not be made to avoid the loss of the preference right under 77-6-212 .
Mont. Code Ann. § 77-3-422 — MT Code / Title 77 / Chapter 3 / Part 4 / Section 77-3-422
77-3-422 Lease extension clause
Status: in_force

77-3-422 . Lease extension clause. If oil or gas is not being produced from the leased premises at the expiration of the primary term of the lease but the owner of the lease is then engaged in drilling on the premises for oil or gas, then the lease continues in force so long as such drilling operations are being diligently prosecuted. If oil or gas is recovered from any such well drilled or being drilled at or after the expiration of the primary term of the lease, the lease continues in force so long as oil or gas in paying quantities is produced from the leased premises.
Mont. Code Ann. § 77-3-423 — MT Code / Title 77 / Chapter 3 / Part 4 / Section 77-3-423
77-3-423 Annual rental
Status: in_force

77-3-423 . Annual rental. (1) The annual money rentals to be paid to the state for oil and gas leases must be set by the board but may not be less than $1.50 for each acre of land leased.

(2) In addition to the sum of $1.50 per acre, the rental for the first year of the lease must also include any sum in excess of $1.50 per acre offered and accepted for the first year's rental.

(3) The annual rental under this section may not be less than $100 a year.

(4) The first year's rental must be paid before the issuance of the lease. The rentals for each subsequent year of the lease are due and payable before the beginning of the subsequent lease year. Upon failure to make the rental payment, the lease terminates unless there is a well currently being drilled, a producing well, or a shut-in well approved by the department on the lease. Rental paid for any year must be credited against any royalty that accrues during that year.
Mont. Code Ann. § 77-3-409 — MT Code / Title 77 / Chapter 3 / Part 4 / Section 77-3-409
77-3-409 Misconduct of officers in relation to oil and gas leases
Status: in_force

77-3-409 . Misconduct of officers in relation to oil and gas leases. (1) Any officer, employee, or representative of the state who directly or indirectly accepts any money or any other valuable thing, except the officer's, employee's, or representative's regular and lawful compensation, for performing or not performing an official act under the provisions of this part or for modifying the performance of an official act is guilty of a felony.

(2) Any officer, employee, or representative of the state who knowingly and willfully makes any false classification or appraisal of any state land or interest of the state in the land or of any oil and gas deposits in which the state is interested or who knowingly and willfully makes any false report of any classification or appraisal is guilty of a felony.
Mont. Code Ann. § 77-2-212 — MT Code / Title 77 / Chapter 2 / Part 2 / Section 77-2-212
77-2-212 Rules
Status: in_force

77-2-212 . Rules. The board shall adopt and promulgate such rules and methods of procedure affecting or touching the exchanges of lands under 77-2-211 through 77-2-217 as in its judgment seems advisable to the end that the public interests may be conserved.
Mont. Code Ann. § 77-3-428 — MT Code / Title 77 / Chapter 3 / Part 4 / Section 77-3-428
77-3-428 Additional development following completion of productive well
Status: in_force

77-3-428 . Additional development following completion of productive well. (1) The lessee shall be required, upon completing a commercially productive oil or gas well upon the leased premises, to proceed with reasonable diligence to drill such additional wells to the depth of the formation found commercially productive or to such depth as may be necessary to economically test, develop, and operate the deposits discovered.

(2) No lessee shall, however, be required to drill to completion more than one well under any one lease during any one calendar year or a total number of wells under any one lease in excess of the total number of 40-acre subdivisions of land held under such lease. As to lands found valuable for gas production only, the drilling obligation of the lessee shall be confined to a total number of wells equal to the total number of tracts comprising 160 acres of land included in the lease, except as the drilling of offset oil or gas wells necessary to protect the leased premises and deposits from loss or depletion due to wells drilled on contiguous lands shall require greater diligence in drilling and a greater number of wells to be drilled.

(3) The performance of said well drilling operations may be suspended only by and with the consent of the board during the time oil or gas previously discovered cannot be marketed at a profit or for other good cause shown.
Mont. Code Ann. § 77-6-201 — MT Code / Title 77 / Chapter 6 / Part 2 / Section 77-6-201
77-6-201 Appraisal of grazing lands
Status: in_force

77-6-201 . Appraisal of grazing lands. (1) The department shall appraise the grazing lands owned by the state as to their animal-unit-month carrying capacity and make and preserve records of carrying capacity in its office and from time to time reexamine these lands as to their animal-unit-month carrying capacity in order to keep the records in its office reasonably accurate.

(2) In appraising these grazing lands, the following factors must be taken into consideration:

(a) inventory of the forage resources, including kind, amount, and location of vegetation;

(b) accessibility and usability of this forage resource as influenced by topography, availability of stock water, and season of usability;

(c) condition of soils, including the erosion situation;

(d) other and related resources such as timber, game animals, and need for watershed protection;

(e) record of needed improvements and facilities, including fuel and stock water, revegetation, rodent control, trails, fences, and the like;

(f) pertinent facts and figures submitted by stockgrowers living in the area and directors of state grazing districts including the land or in its vicinity;

(g) carrying capacity set for similar land in a state grazing district in which the land is situated.
Mont. Code Ann. § 77-1-205 — MT Code / Title 77 / Chapter 1 / Part 2 / Section 77-1-205
77-1-205 Board to correct errors
Status: in_force

77-1-205 . Board to correct errors. The board shall correct errors, mistakes, and misdescriptions in deeds and conveyances of property to the state. Deeds or other conveyances shall be made and executed in the manner provided for the execution of patents by the state. The board may also correct errors in leases, certificates of purchase, patents, and other conveyances of property from the state upon satisfactory proof that an error or mistake has been made.
Mont. Code Ann. § 77-3-121 — MT Code / Title 77 / Chapter 3 / Part 1 / Section 77-3-121
77-3-121 Pooling agreements and unit plans of operation
Status: in_force

77-3-121 . Pooling agreements and unit plans of operation. (1) The board may enter into agreements for the pooling of acreage or yardage with others holding the mineral rights in adjoining lands for unit operation of placer mining and the apportionment of royalties on a cubic yardage or area basis in the case of placer mining deposits lying partly on land in which the state holds the mining rights and partly on land in which others hold the mining rights.

(2) From each cleanup of values under such unit operations in which any yardage or area mined on lands to which the state holds the mineral rights is included, the state is entitled to royalties computed on that proportion of the whole value of recoveries from the cleanup as the yardage or area mined from lands included in the agreement in which the state holds the mining rights bears to the total yardage or area mined and included in the cleanup.

(3) The board may also enter into agreements for the unit operation of such placer mining deposits and the apportionment of royalties upon any other equitable basis the board considers in the best interest of the state. The agreements may not change the percentage of royalties to be paid to the state under the unit operations from the percentage fixed in the lease or to a smaller percentage than the 5% minimum under 77-3-116 .
Mont. Code Ann. § 77-1-1104 — MT Code / Title 77 / Chapter 1 / Part 11 / Section 77-1-1104
77-1-1104 Void
Status: in_force

77-1-1104 . Void. Sec. 12, Ch. 475, L. 2009.
Mont. Code Ann. § 77-3-202 — MT Code / Title 77 / Chapter 3 / Part 2 / Section 77-3-202
77-3-202 Fee
Status: in_force

77-3-202 . Fee. The fee for issuing the lease is the same as for an oil and gas lease.
Mont. Code Ann. § 77-2-334 — MT Code / Title 77 / Chapter 2 / Part 3 / Section 77-2-334
77-2-334 Assignment of certificate
Status: in_force

77-2-334 . Assignment of certificate. Certificates of purchase may be assigned to a citizen of the United States or to a person who has declared an intention to become a citizen or to a corporation organized under the laws of this state. These assignments must be made on forms prescribed by the department, must be duly acknowledged as other conveyances of real estate, and must be executed in duplicate with one copy to be filed and retained in the office of the department and one copy to be retained by the assignee. A person is not qualified to receive an assignment if the lands that the person has already purchased from the state, together with the lands included in the assignment, exceed one section. The assignee must in all respects possess the same qualifications as an original purchaser.
Mont. Code Ann. § 77-5-217 — MT Code / Title 77 / Chapter 5 / Part 2 / Section 77-5-217
77-5-217 Contract harvesting to address forest health concerns
Status: in_force

77-5-217 . Contract harvesting to address forest health concerns. All contract harvesting sales meant to address specific forest health concerns must be designed to:

(1) improve the overall health, productivity, and long-term revenue potential for the timber stand;

(2) be consistent with the state forest land management plan; and

(3) comply with all applicable state laws, rules, and regulations.
Mont. Code Ann. § 77-3-304 — MT Code / Title 77 / Chapter 3 / Part 3 / Section 77-3-304
77-3-304 Protection of rights of purchasers or prior lessees
Status: in_force

77-3-304 . Protection of rights of purchasers or prior lessees. Whenever the leased lands are under certificate of purchase or patents have been issued and in all cases where the lands are under lease for grazing, agriculture, or similar purposes, care shall be taken in issuing the coal mining lease to protect the rights of the purchaser or lessee.