reglab/housing_qa huggingface dataset:
MT Code § 77-3-305 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 3. Coal|77-3-305. Limitations on leasing

  77-3-305. Limitations on leasing. (1) The board may not issue leases to any citizen of another country or any person, partnership, corporation, association, or other legal entity controlled by interests foreign to the United States unless that country provides for similar or like privileges to citizens of the United States.   (2) The board shall consider whether the extraction of the coal from those lands by strip-mining methods would adversely affect the methods of recovery of deep minable coal from those operations on those lands in the future.   History: En. 81-511 by Sec. 6, Ch. 358, L. 1975; R.C.M. 1947, 81-511(part); amd. Sec. 1, Ch. 127, L. 1983; amd. Sec. 1, Ch. 332, L. 2011.
MT Code § 77-3-306 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 3. Coal|77-3-306. Conditions on manner of mining

  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.   History: En. Sec, 38, Ch. 60, L. 1927; re-en. Sec. 1805.38, R.C.M. 1935; amd. Sec. 30, Ch. 428, L. 1973; amd. Sec. 1, Ch. 358, L. 1975; R.C.M. 1947, 81-501(part).
MT Code § 77-3-307 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 3. Coal|77-3-307. Improvements of former lessee

  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.   History: En. Sec. 43, Ch. 60, L. 1927; re-en. Sec. 1805.43, R.C.M. 1935; amd. Sec. 32, Ch. 428, L. 1973; R.C.M. 1947, 81-506; amd. Sec. 2557, Ch. 56, L. 2009.
MT Code § 77-3-308 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 3. Coal|77-3-308. Limitation on public inspection rights

  77-3-308. Limitation on public inspection rights. The department may withhold from public inspection any information obtained from a coal mining lessee or permittee under this part if the information relates to the geology of the mining lease or permit. The withholding is effective for as long as the department considers it necessary either to protect the lessee's or permittee's economic interest in the geologic information against unwarranted injury or to protect the public's best interest.   History: En. Sec. 3, Ch. 105, L. 1989.
MT Code § 77-3-309 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 3. Coal|77-3-309. and 77-3-310 reserved

  77-3-309 and 77-3-310 reserved.
MT Code § 77-3-311 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 3. Coal|77-3-311. Form of lease

  77-3-311. Form of lease. The board shall prescribe the form of the lease.   History: En. Sec. 39, Ch. 60, L. 1927; re-en. Sec. 1805.39, R.C.M. 1935; amd. Sec. 5, Ch. 257, L. 1965; amd. Sec. 1, Ch. 121, L. 1967; amd. Sec. 6, Ch. 22, L. 1971; amd. Sec. 1, Ch. 291, L. 1971; amd. Sec. 31, Ch. 428, L. 1973; amd. Sec. 2, Ch. 358, L. 1975; R.C.M. 1947, 81-502(part).
MT Code § 77-3-312 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 3. Coal|77-3-312. Leasing procedures

  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.   History: En. Sec, 38, Ch. 60, L. 1927; re-en. Sec. 1805.38, R.C.M. 1935; amd. Sec. 30, Ch. 428, L. 1973; amd. Sec. 1, Ch. 358, L. 1975; R.C.M. 1947, 81-501(part); amd. Sec. 2, Ch. 332, L. 2011.
MT Code § 77-3-313 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 3. Coal|77-3-313. Bond requirements

  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.   History: En. Sec. 42, Ch. 60, L. 1927; re-en. Sec. 1805.42, R.C.M. 1935; R.C.M. 1947, 81-505; amd. Sec. 3, Ch. 332, L. 2011.
MT Code § 77-3-314 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 3. Coal|77-3-314. Duration of lease

  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.   History: En. Sec. 39, Ch. 60, L. 1927; re-en. Sec. 1805.39, R.C.M. 1935; amd. Sec. 5, Ch. 257, L. 1965; amd. Sec. 1, Ch. 121, L. 1967; amd. Sec. 6, Ch. 22, L. 1971; amd. Sec. 1, Ch. 291, L. 1971; amd. Sec. 31, Ch. 428, L. 1973; amd. Sec. 2, Ch. 358, L. 1975; R.C.M. 1947, 81-502(part); amd. Sec. 4, Ch. 332, L. 2011.
MT Code § 77-3-315 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 3. Coal|77-3-315. Repealed

  77-3-315. Repealed. Sec. 2, Ch. 538, L. 1981.   History: En. 81-511 by Sec. 6, Ch. 358, L. 1975; R.C.M. 1947, 81-511(part).
MT Code § 77-3-316 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 3. Coal|77-3-316. Rental and royalty terms

  77-3-316. Rental and royalty terms. (1) The compensation of the state under all coal mining leases must be upon a rental and royalty basis and must be fixed and determined by the board.   (2) The rental and royalty terms of each lease must be subject to readjustment to reflect fair market value at the end of its primary term of 10 years and at the end of each 5-year period thereafter if the lease is producing coal in commercial quantities.   (3) The rental may be on a per-acre basis or per-ton basis but the rental may not be less than $2 per acre.   (4) (a) The amount of the royalty must be based upon:   (i) the kind, grade, and character of the coal in each particular mine;   (ii) the size, shape, and nature of the coal vein, strata, or body; and   (iii) the shipping and marketing facilities for the product.   (b) Consideration must also be given to every other known factor affecting the value of each particular coal mining lease, but the royalty for the coal mined may not be less than 10% of the f.o.b. mine price of a ton prepared for shipment.   History: (1), (3), (4)En. Sec. 40, Ch. 60, L. 1927; re-en. Sec. 1805.40, R.C.M. 1935; amd. Sec. 3, Ch. 358, L. 1975; Sec. 81-503, R.C.M. 1947; (2)En. Sec. 39, Ch. 60, L. 1927; re-en. Sec. 1805.39, R.C.M. 1935; amd. Sec. 5, Ch. 257, L. 1965; amd. Sec. 1, Ch. 121, L. 1967; amd. Sec. 6, Ch. 22, L. 1971; amd. Sec. 1, Ch. 291, L. 1971; amd. Sec. 31, Ch. 428, L. 1973; amd. Sec. 2, Ch. 358, L. 1975; Sec. 81-502, R.C.M. 1947; R.C.M. 1947, 81-502(part), 81-503; amd. Sec. 5, Ch. 332, L. 2011.
MT Code § 77-3-317 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 3. Coal|77-3-317. Report and payment of royalty

  77-3-317. Report and payment of royalty. (1) On or before the last day of each month every holder of a producing coal mining lease shall make a report to the department on a form the department prescribes showing:   (a) the number of tons mined during the preceding calendar month;   (b) the price obtained for the number of tons mined during the preceding calendar month at the mine;   (c) the total amount of all sales; and   (d) any additional information required by the department.   (2) The report must be verified by the lessee and be accompanied by payment of the royalty due the state for the preceding month as shown by the report.   History: En. Sec. 45, Ch. 60, L. 1927; re-en. Sec. 1805.45, R.C.M. 1935; amd. Sec. 33, Ch. 428, L. 1973; R.C.M. 1947, 81-508; amd. Sec. 9, Ch. 96, L. 2013.
MT Code § 77-3-318 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 3. Coal|77-3-318. Disposition of royalties and other receipts

  77-3-318. Disposition of royalties and other receipts. All fees, rentals, royalties, and bonuses collected under state coal leases shall be paid to the department and credited as follows:   (1) All fees shall be credited to the state general fund.   (2) All rentals 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 grants to which the lands under lease belong.   History: En. Sec. 47, Ch. 60, L. 1927; re-en. Sec. 1805.47, R.C.M. 1935; amd. Sec. 34, Ch. 428, L. 1973; amd. Sec. 5, Ch. 358, L. 1975; R.C.M. 1947, 81-510.
MT Code § 77-3-319 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 3. Coal|77-3-319. and 77-3-320 reserved

  77-3-319 and 77-3-320 reserved.
MT Code § 77-3-321 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 3. Coal|77-3-321. Repealed

  77-3-321. Repealed. Sec. 8, Ch. 18, L. 1999.   History: En. Sec. 46, Ch. 60, L. 1927; re-en. Sec. 1805.46, R.C.M. 1935; R.C.M. 1947, 81-509.
MT Code § 77-3-322 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 3. Coal|77-3-322. Obligation to pay royalties under coal lease contract -- interest

  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.   History: En. Sec. 1, Ch. 243, L. 2011.
MT Code § 77-3-323 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 3. Coal|77-3-323. Audit -- notice -- action to compel payment

  77-3-323. Audit -- notice -- action to compel payment. (1) Except as provided in subsection (2), the department may, within 5 years of the filing of a report pursuant to 77-3-317, commence an audit of a lessee's or 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.   (2) 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 royalties are due.   History: En. Sec. 2, Ch. 243, L. 2011.
MT Code § 77-3-401 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 4. Oil and Gas|77-3-401. Oil and gas leases authorized

  77-3-401. Oil and gas leases authorized. (1) The board is hereby authorized and empowered to lease in such manner as it may determine, not inconsistent with The Enabling Act and the constitution, any state lands to which the title has vested in the state and in which the oil and gas rights are not reserved by the United States, for prospecting and exploring for oil and gas, mining, drilling, developing, and removing the same upon the terms and conditions herein prescribed to any person, association, corporation, domestic or foreign, or municipality qualified under the constitution and the laws of the state.   (2) This power and authority to lease state lands for such purposes shall extend to and include all lands owned by the state under navigable lakes and streams and shall also extend to and include all those state lands which have been sold but in which the oil and gas rights have been reserved by the state; but in such cases and in all cases where the lands are under lease for grazing, agriculture, or similar purposes, care shall be taken in issuing the oil and gas leases to protect the rights of the purchaser or lessee.   History: En. Sec. 1, Ch. 108, L. 1927; re-en. Sec. 1882.1, R.C.M. 1935; amd. Sec. 1, Ch. 90, L. 1943; amd. Sec. 1, Ch. 261, L. 1947; amd. Sec. 6, Ch. 184, L. 1961; R.C.M. 1947, 81-1701(part).
MT Code § 77-3-402 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 4. Oil and Gas|77-3-402. Rules

  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.   History: En. Sec. 7, Ch. 108, L. 1927; re-en. Sec. 1882.7, R.C.M. 1935; amd. Sec. 1, Ch. 144, L. 1961; R.C.M. 1947, 81-1707.
MT Code § 77-3-403 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 4. Oil and Gas|77-3-403. Hearings on questions related to leases

  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.   History: En. Sec. 10, Ch. 108, L. 1927; re-en. Sec. 1882.10, R.C.M. 1935; R.C.M. 1947, 81-1710(part).
MT Code § 77-3-404 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 4. Oil and Gas|77-3-404. Limitation on area under single lease

  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.   History: En. Sec. 2, Ch. 108, L. 1927; amd. Sec. 1, Ch. 193, L. 1931; amd. Sec. 1, Ch. 171, L. 1933; re-en. Sec. 1882.2, R.C.M. 1935; amd. Sec. 1, Ch. 109, L. 1941; amd. Sec. 1, Ch. 91, L. 1943; amd. Sec. 1, Ch. 128, L. 1945; amd. Sec. 1, Ch. 122, L. 1953; amd. Sec. 84, Ch. 428, L. 1973; R.C.M. 1947, 81-1702(part).
MT Code § 77-3-405 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 4. Oil and Gas|77-3-405. Leased lands to be generally compact and contiguous

  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.   History: En. Sec. 1, Ch. 161, L. 1955; amd. Sec. 12, Ch. 22, L. 1971; amd. Sec. 85, Ch. 428, L. 1973; amd. Sec. 1, Ch. 136, L. 1974; amd. Sec. 1, Ch. 379, L. 1975; R.C.M. 1947, 81-1702.1(3).
MT Code § 77-3-406 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 4. Oil and Gas|77-3-406. Number of leases which one person may hold

  77-3-406. Number of leases which one person may hold. Any person, association, corporation, or municipality qualified to hold an oil or gas lease on state lands may receive from the board or take through assignment or succession, will, judgment, decree, or otherwise through the operation of law more than one oil and gas lease to state lands, subject to such regulations and limitations as the board prescribes.   History: En. Sec. 2, Ch. 108, L. 1927; amd. Sec. 1, Ch. 193, L. 1931; amd. Sec. 1, Ch. 171, L. 1933; re-en. Sec. 1882.2, R.C.M. 1935; amd. Sec. 1, Ch. 109, L. 1941; amd. Sec. 1, Ch. 91, L. 1943; amd. Sec. 1, Ch. 128, L. 1945; amd. Sec. 1, Ch. 122, L. 1953; amd. Sec. 84, Ch. 428, L. 1973; R.C.M. 1947, 81-1702(part).
MT Code § 77-3-407 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 4. Oil and Gas|77-3-407. New leases on lands leased prior to February 28, 1953

  77-3-407. New leases on lands leased prior to February 28, 1953. (1) In the case of all leases issued under the provisions in force prior to February 28, 1953, where oil or gas is being produced, the board shall at the expiration thereof or termination for any cause advertise the land held thereunder for re-leasing and lease the same to the highest responsible bidder therefor at public auction on the terms then existing for such leasing. Any person, association, firm, or corporation who held such lease at the expiration thereof shall have the privilege of re-leasing the same at such highest responsible bid offered therefor upon such terms and conditions as may be prescribed by the board or the legislature.   (2) In the case of all leases issued under the provisions in force prior to February 28, 1953, where oil or gas is not being produced, the board may at the expiration thereof or termination for any cause advertise the land held thereunder for re-leasing and lease the same to the highest responsible bidder therefor at public auction if in the judgment of the board such advertising and public auction will result in leasing of the land on terms advantageous to the state.   History: En. Sec. 15, Ch. 108, L. 1927; amd. Sec. 3, Ch. 171, L. 1933; re-en. Sec. 1882.15, R.C.M. 1935; amd. Sec. 1, Ch. 104, L. 1965; R.C.M. 1947, 81-1715.
MT Code § 77-3-408 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 4. Oil and Gas|77-3-408. Certain state officers not to be interested in leases

  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.   History: En. Sec. 20, Ch. 108, L. 1927; amd. Sec. 4, Ch. 171, L. 1933; re-en. Sec. 1882.20, R.C.M. 1935; amd. Sec. 93, Ch. 428, L. 1973; R.C.M. 1947, 81-1720.