reglab/housing_qa huggingface dataset:
MT Code § 77-1-121 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 1. General Provisions|77-1-121. Environmental review compliance -- exemptions

  77-1-121. Environmental review compliance -- exemptions. (1) Except as provided in 77-1-122, 77-1-1112, and subsection (2) of this section, the department and board are required to comply with the provisions of Title 75, chapter 1, parts 1 and 2, when implementing provisions within this title only if the department is actively proposing a sale or exchange or to issue a right-of-way, easement, placement of improvement, lease, license, or permit or is acting in response to an application for an authorization for a proposal.   (2) The department and board are exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when issuing any lease or license that expressly states that the lease or license is subject to further permitting under any of the provisions of Title 75 or 82.   (3) Except for rulemaking and as provided in subsection (1), the department and board are otherwise exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when implementing provisions within this title, including but not limited to the issuance of lease renewals. The department and board do not have an obligation to comply with the provisions of Title 75, chapter 1, parts 1 and 2, when implementing provisions within this title if the department or board chooses not to take any action, even though either may have the authority to take an action.   (4) The department and board are exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when taking actions, including preparing plans or proposals, in relation to and in compliance with the following local government actions:   (a) development or adoption of a growth policy or a neighborhood plan pursuant to Title 76, chapter 1;   (b) development or adoption of zoning regulations;   (c) review of a proposed subdivision pursuant to Title 76, chapter 3;   (d) actions related to annexation;   (e) development or adoption of plans or reports on extension of services; and   (f) other actions that are related to local planning.   History: En. Sec. 2, Ch. 223, L. 1999; amd. Sec. 1, Ch. 478, L. 2001; amd. Sec. 1, Ch. 147, L. 2003; amd. Sec. 3, Ch. 318, L. 2003; amd. Sec. 2, Ch. 239, L. 2009; amd. Sec. 10, Ch. 359, L. 2011.
MT Code § 77-1-122 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 1. General Provisions|77-1-122. Environmental review of energy development projects on state land

  77-1-122. Environmental review of energy development projects on state land. (1) Except as provided in subsection (2), the scope of any environmental review under Title 75, chapter 1, parts 1 and 2, for a proposed action on state land is limited to the impacts of the proposed action within the boundaries of the state land parcel or parcels in which the proposed state action is taking place if the:   (a) board or the department, pursuant to this title, is proposing a sale or exchange or to issue a right-of-way, easement, placement of improvement, lease, license, or permit or if the department or board is acting in response to an application for an authorization for a proposal; and   (b) state action is part of a larger energy development project that includes private or federal land that is not subject to permitting or certification under Title 75 or Title 82.   (2) If more than 33% of the total land area physically occupied by the proposed energy development project provided for in subsection (1) is state land, then the scope of the environmental review under Title 75, chapter 1, parts 1 and 2, for the proposed action must include the total land area, including federal and private land, that will be occupied by the proposed energy development project.   History: En. Sec. 1, Ch. 239, L. 2009.
MT Code § 77-1-123 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 1. General Provisions|77-1-123. and 77-1-124 reserved

  77-1-123 and 77-1-124 reserved.
MT Code § 77-1-125 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 1. General Provisions|77-1-125. Liability for unauthorized installation or construction of facility or structure on state trust land -- penalty

  77-1-125. Liability for unauthorized installation or construction of facility or structure on state trust land -- penalty. (1) A person, other than the lessee of the affected state trust land, may not, after September 30, 1997:   (a) install or construct a road, pipeline, ditch, utility line, fence, building, or other facility or structure on state trust land without obtaining an easement, lease, license, or other written permission of the department; or   (b) disturb state trust land in anticipation of the installation or construction of the facility or structure.   (2) A person who violates subsection (1) is liable to the department for a civil penalty in an amount determined by the board. The penalty may be an amount up to three times the full market value of the land disturbed or affected or $500, whichever is greater.   (3) In addition to the penalty provided for in subsection (2), a person who installs or constructs a facility or structure on state trust land without permission is liable for any permanent damage to the state trust land and may be required to remove the facility or structure and to reclaim the disturbed land to the satisfaction of the department or to pay the department's cost of removal and reclamation.   (4) If the department allows the facility or structure to remain on state trust land, the department shall also require payment of full market value of any easement, lease, or license required for the facility or structure.   (5) The penalties provided in this section do not apply to the lessee of the affected state trust land. The remedies and penalties provided in a state trust easement, lease, or license and the statutes and regulations under which the easement, lease, or license was entered are the exclusive remedies and penalties that may be applied to a lessee.   (6) The penalties provided in this section do not apply to persons who have inadvertently installed or constructed pipelines or utility lines within 20 feet of the easement boundaries granted by the state.   (7) The penalties provided in this section do not apply to facilities or structures installed on lands acquired by the state through exchange or purchase that were authorized with the permission of the previous landowner or through authority granted by an appropriate government agency.   History: En. Sec. 1, Ch. 460, L. 1997; amd. Sec. 21, Ch. 275, L. 2017.
MT Code § 77-1-126 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 1. General Provisions|77-1-126. Notice of noncompliance

  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.   History: En. Sec. 2, Ch. 164, L. 2007; amd. Sec. 7, Ch. 472, L. 2009.
MT Code § 77-1-127 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 1. General Provisions|77-1-127. Department authorized to control weeds -- billing for weed control

  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.   History: En. Sec. 3, Ch. 164, L. 2007; amd. Sec. 10, Ch. 465, L. 2009; amd. Sec. 8, Ch. 472, L. 2009.
MT Code § 77-1-128 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 1. General Provisions|77-1-128. Administrative hearings

  77-1-128. Administrative hearings. (1) A person adversely affected by any notice, action, or order of the department may, within the timeframe stated in the notice of noncompliance provided for in 77-1-126, request an administrative hearing before the director or the director's designee. The director or the director's designee shall hold a hearing within 30 days of the request. Participants may be represented by legal counsel. The director or the director's designee shall make a record of the proceeding and enter an order and findings within 30 days after the hearing.   (2) Within 30 days after the director or the director's designee renders an order and findings, the person adversely affected may file a petition in district court requesting that the order and findings be set aside or modified. The court may affirm, modify, or set aside the order complained of, in whole or in part.   History: En. Sec. 4, Ch. 164, L. 2007.
MT Code § 77-1-129 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 1. General Provisions|77-1-129. Rulemaking authority

  77-1-129. Rulemaking authority. The department may adopt rules to implement 77-1-126 through 77-1-128.   History: En. Sec. 5, Ch. 164, L. 2007.
MT Code § 77-1-131 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 1. General Provisions|77-1-131. State lands historic right-of-way account

  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.)   History: En. Sec. 2, Ch. 461, L. 1997; amd. Sec. 24, Ch. 389, L. 1999.
MT Code § 77-1-132 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 1. General Provisions|77-1-132. Earnings reserve account

  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.   History: En. Sec. 23, Ch. 465, L. 2009.
MT Code § 77-1-133 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 1. General Provisions|77-1-133. reserved

  77-1-133 reserved.
MT Code § 77-1-134 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 1. General Provisions|77-1-134. Irrigation structures, utility structures, and bridges of formerly taxable land -- water rights

  77-1-134. Irrigation structures, utility structures, and bridges of formerly taxable land -- water rights. (1) If an irrigation structure, a utility structure, or a bridge was placed on land that consists of the bed of a navigable river or stream, the irrigation structure, utility structure, or bridge remains the property of the original owner or the original owner's successors in interest or assignees. Subject to 77-1-1112(10), access to the irrigation structures, utility structures, and bridges described in this section for the purposes of operation, maintenance, repair, enhancement, or improvement may not be impeded by the state.   (2) Subject to 77-1-1112(10), the change of designation of the bed of a navigable river or stream from a taxable to a nontaxable status may not interfere with or impede the exercise of a water right, including a livestock watering right for which a claim was not required to be filed pursuant to 85-2-212 and 85-2-222.   History: En. Sec. 4, Ch. 472, L. 2009; amd. Sec. 11, Ch. 359, L. 2011.
MT Code § 77-1-135 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 1. General Provisions|77-1-135. Terminated

  77-1-135. Terminated. Sec. 7, Ch. 380, L. 1999.   History: En. Sec. 1, Ch. 380, L. 1999.
MT Code § 77-1-136 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 1. General Provisions|77-1-136. Terminated

  77-1-136. Terminated. Sec. 7, Ch. 380, L. 1999.   History: En. Sec. 2, Ch. 380, L. 1999.
MT Code § 77-1-137 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 1. General Provisions|77-1-137. Terminated

  77-1-137. Terminated. Sec. 7, Ch. 380, L. 1999.   History: En. Sec. 3, Ch. 380, L. 1999.
MT Code § 77-1-138 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 1. General Provisions|77-1-138. Terminated

  77-1-138. Terminated. Sec. 7, Ch. 380, L. 1999.   History: En. Sec. 4, Ch. 380, L. 1999.
MT Code § 77-1-139 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 1. General Provisions|77-1-139. Terminated

  77-1-139. Terminated. Sec. 7, Ch. 380, L. 1999.   History: En. Sec. 5, Ch. 380, L. 1999.
MT Code § 77-1-140 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 1. General Provisions|77-1-140. reserved

  77-1-140 reserved.
MT Code § 77-1-141 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 1. General Provisions|77-1-141. Determination of date of delivery

  77-1-141. Determination of date of delivery. The date of delivery for a lease, license, permit, or agreement issued by the board or department under this title or under a rule implementing this title or for a document or payment required by the terms of the lease, license, permit, or agreement is:   (1) for mailing by means of the United States postal service, the date of the postmark stamped on the cover in which the document or payment is transmitted; or   (2) for delivery by means other than by the United States postal service or if there is no postmark stamped on a mailing delivered by the United States postal service, the date of actual physical receipt by the department.   History: En. Sec. 1, Ch. 67, L. 2001.
MT Code § 77-1-142 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 1. General Provisions|77-1-142. through 77-1-144 reserved

  77-1-142 through 77-1-144 reserved.
MT Code § 77-1-145 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 1. General Provisions|77-1-145. Enabling Act enforcement -- findings

  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.   History: En. Sec. 1, Ch. 345, L. 2015.
MT Code § 77-1-201 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 2. Board of Land Commissioners|77-1-201. Board -- meetings and officers

  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.   History: En. Sec. 4, Ch. 60, L. 1927; re-en. Sec. 1805.4, R.C.M. 1935; amd. Sec. 4, Ch. 428, L. 1973; R.C.M. 1947, 81-104; amd. Sec. 2540, Ch. 56, L. 2009.
MT Code § 77-1-202 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 1. Administration of State Lands|Part 2. Board of Land Commissioners|77-1-202. Powers and duties of board

  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.   History: En. Sec. 3, Ch. 60, L. 1927; re-en. Sec. 1805.3, R.C.M. 1935; amd. Sec. 1, Ch. 113, L. 1969; amd. Sec. 1, Ch. 67, L. 1973; amd. Sec. 3, Ch. 428, L. 1973; R.C.M. 1947, 81-103(part); amd. Sec. 1, Ch. 136, L. 1983; amd. Sec. 3, Ch. 609, L. 1991; amd. Sec. 1, Ch. 222, L. 1995; amd. Sec. 1, Ch. 335, L. 2005.