reglab/housing_qa huggingface dataset:
MT Code § 77-3-115 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 1. Prospecting Permits and Mining Leases|77-3-115. Lease provisions

  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.   History: En. Sec. 3, Ch. 148, L. 1937; amd. Sec. 1, Ch. 205, L. 1947; amd. Sec. 37, Ch. 428, L. 1973; R.C.M. 1947, 81-603(part); amd. Sec. 2556, Ch. 56, L. 2009.
MT Code § 77-3-116 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 1. Prospecting Permits and Mining Leases|77-3-116. Royalty provisions

  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.   History: En. Sec. 4, Ch. 148, L. 1937; amd. Sec. 2, Ch. 205, L. 1947; amd. Sec. 38, Ch. 428, L. 1973; R.C.M. 1947, 81-604(1).
MT Code § 77-3-117 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 1. Prospecting Permits and Mining Leases|77-3-117. Modification of lease provisions

  77-3-117. Modification of lease provisions. The board, by agreement with the permittee or lessee, may, in its discretion and upon such terms as it considers best, amend or modify the terms and conditions within the limitations of this part or extend the term of any lease or prospecting permit issued under this part, subject to the limitations contained in 77-3-102(1) and (2).   History: En. Sec. 3, Ch. 148, L. 1937; amd. Sec. 1, Ch. 205, L. 1947; amd. Sec. 37, Ch. 428, L. 1973; R.C.M. 1947, 81-603(part).
MT Code § 77-3-118 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 1. Prospecting Permits and Mining Leases|77-3-118. Restrictions on removal of minerals and gems during preliminary prospecting period

  77-3-118. Restrictions on removal of minerals and gems during preliminary prospecting period. No mining lessee may, during any preliminary prospecting period contained in any lease, remove any metalliferous minerals or gems from the leased premises, except as are necessary for the proper testing and sampling of the lands or mineral rights, and except as are permitted by the board.   History: En. Sec. 3, Ch. 148, L. 1937; amd. Sec. 1, Ch. 205, L. 1947; amd. Sec. 37, Ch. 428, L. 1973; R.C.M. 1947, 81-603(part).
MT Code § 77-3-119 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 1. Prospecting Permits and Mining Leases|77-3-119. Bonds to state

  77-3-119. Bonds to state. The board may, at the time of the execution and delivery of a mining lease or at any time during the life of the lease, require a mining lessee to file with the department, for the benefit of the state, a bond or bonds conditioned to protect the rights of the state, particularly in the payment to the proper officer of the state of the royalties reserved in the mining lease. The bond or bonds shall be in a form and amount prescribed by the board. The board may at any time require new or additional bonds if in its discretion the interests of the state are not adequately protected by the bond or bonds previously filed.   History: En. Sec. 7, Ch. 148, L. 1937; amd. Sec. 41, Ch. 428, L. 1973; R.C.M. 1947, 81-607.
MT Code § 77-3-120 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 1. Prospecting Permits and Mining Leases|77-3-120. Bonds to protect prior purchasers, lessees, or contractees

  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.   History: En. Sec. 8, Ch. 148, L. 1937; amd. Sec. 42, Ch. 428, L. 1973; R.C.M. 1947, 81-608.
MT Code § 77-3-121 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 1. Prospecting Permits and Mining Leases|77-3-121. Pooling agreements and unit plans of operation

  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.   History: En. Sec. 4, Ch. 148, L. 1937; amd. Sec. 2, Ch. 205, L. 1947; amd. Sec. 38, Ch. 428, L. 1973; R.C.M. 1947, 81-604(2).
MT Code § 77-3-122 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 1. Prospecting Permits and Mining Leases|77-3-122. Sales, contracts for sale, and other leases subject to mining leases

  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.   History: En. Sec. 9, Ch. 148, L. 1937; R.C.M. 1947, 81-609.
MT Code § 77-3-123 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 1. Prospecting Permits and Mining Leases|77-3-123. Failure of title

  77-3-123. Failure of title. In issuing mining leases, the board and the state have leased only such right, title, and interest as the state has in the lands, metalliferous minerals, or gems therein contained. Neither the state, the board, nor any representative, agent, or employee of the state or the board are under any liability for the failure of the title of the state, in whole or in part, to the lands, metalliferous minerals, or gems covered by the lease.   History: En. Sec. 12, Ch. 148, L. 1937; amd. Sec. 44, Ch. 428, L. 1973; R.C.M. 1947, 81-612.
MT Code § 77-3-124 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 1. Prospecting Permits and Mining Leases|77-3-124. through 77-3-129 reserved

  77-3-124 through 77-3-129 reserved.
MT Code § 77-3-130 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 1. Prospecting Permits and Mining Leases|77-3-130. Limitation on public inspection rights

  77-3-130. Limitation on public inspection rights. The department may withhold from public inspection any information obtained from a 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 mining 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. 1, Ch. 105, L. 1989.
MT Code § 77-3-131 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 1. Prospecting Permits and Mining Leases|77-3-131. Limitations on prospecting permits

  77-3-131. Limitations on prospecting permits. A permit shall be limited to prospecting for metalliferous minerals or gems and no permittee may remove from any lands or mineral rights covered by the permit any metalliferous minerals or gems except such as are necessary for the proper testing and sampling of the lands or mineral rights and except as are permitted by the board.   History: En. Sec. 15, Ch. 148, L. 1937; amd. Sec. 9, Ch. 22, L. 1971; Sec. 81-615, R.C.M. 1947; redes. 81-601.1 and amd. by Sec. 47, Ch. 428, L. 1973; R.C.M. 1947, 81-601.1(part).
MT Code § 77-3-132 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 1. Prospecting Permits and Mining Leases|77-3-132. Leasing privileges of permittee

  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.   History: En. Sec. 15, Ch. 148, L. 1937; amd. Sec. 9, Ch. 22, L. 1971; Sec. 81-615, R.C.M. 1947; redes. 81-601.1 and amd. by Sec. 47, Ch. 428, L. 1973; R.C.M. 1947, 81-601.1(part); amd. Sec. 7, Ch. 18, L. 1999.
MT Code § 77-3-201 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 2. Nonmetallic Minerals, Excluding Coal, Oil, and Gas|77-3-201. Nonmetallic mineral leases authorized

  77-3-201. Nonmetallic mineral leases authorized. When there are found upon state lands deposits of stone, limestone, oil shale, clay, bentonite, calcite, talc, mica, ceramic, asbestos, marble, diatomite, gravel or sand, or phosphate, sodium, potash, sulfur, fluorite or barite, or any other nonmetallic minerals, but not including coal, oil, or gas, valuable for building, mining, or other commercial purposes, the board may in its discretion issue permits or leases to private persons for the removal and disposition of the above-named deposits upon such terms and conditions as the board may determine.   History: En. Sec. 52, Ch. 60, L. 1927; re-en. Sec. 1805.52, R.C.M. 1935; amd. Sec. 1, Ch. 194, L. 1945; amd. Sec. 1, Ch. 147, L. 1953; amd. Sec. 1, Ch. 207, L. 1961; amd. Sec. 49, Ch. 428, L. 1973; R.C.M. 1947, 81-701(part).
MT Code § 77-3-202 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 2. Nonmetallic Minerals, Excluding Coal, Oil, and Gas|77-3-202. Fee

  77-3-202. Fee. The fee for issuing the lease is the same as for an oil and gas lease.   History: En. Sec. 52, Ch. 60, L. 1927; re-en. Sec. 1805.52, R.C.M. 1935; amd. Sec. 1, Ch. 194, L. 1945; amd. Sec. 1, Ch. 147, L. 1953; amd. Sec. 1, Ch. 207, L. 1961; amd. Sec. 49, Ch. 428, L. 1973; R.C.M. 1947, 81-701(part).
MT Code § 77-3-203 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 2. Nonmetallic Minerals, Excluding Coal, Oil, and Gas|77-3-203. Duration of lease

  77-3-203. Duration of lease. No such lease shall be made for a longer term than 10 years.   History: En. Sec. 52, Ch. 60, L. 1927; re-en. Sec. 1805.52, R.C.M. 1935; amd. Sec. 1, Ch. 194, L. 1945; amd. Sec. 1, Ch. 147, L. 1953; amd. Sec. 1, Ch. 207, L. 1961; amd. Sec. 49, Ch. 428, L. 1973; R.C.M. 1947, 81-701(part).
MT Code § 77-3-204 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 2. Nonmetallic Minerals, Excluding Coal, Oil, and Gas|77-3-204. Royalty provisions

  77-3-204. Royalty provisions. (1) All such leases shall be upon a royalty basis calculated upon a gross value by weight or cubic measurement as is most favorable for the particular substance being mined or extracted from the lands. The gross value shall be determined at the mine or site of operation, and the rates shall be the same that ordinarily would be charged by private owners under similar circumstances or as in the determination of the board is fair and reasonable.   (2) The board may demand a cash deposit to guarantee the payment of the royalties, a surety bond, or both a cash deposit and bond, as the board may determine.   History: En. Sec. 52, Ch. 60, L. 1927; re-en. Sec. 1805.52, R.C.M. 1935; amd. Sec. 1, Ch. 194, L. 1945; amd. Sec. 1, Ch. 147, L. 1953; amd. Sec. 1, Ch. 207, L. 1961; amd. Sec. 49, Ch. 428, L. 1973; R.C.M. 1947, 81-701(part).
MT Code § 77-3-205 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 2. Nonmetallic Minerals, Excluding Coal, Oil, and Gas|77-3-205. Report of lessee and payment of royalty

  77-3-205. Report of lessee and payment of royalty. (1) On or before the last day of each month, every holder of a producing lease under this part shall make a report to the department on a form the department prescribes showing:   (a) the amount of substances mined or extracted from the lands in the preceding month;   (b) the price obtained;   (c) the total amount of sales; and   (d) any additional information required.   (2) The report must be verified by the lessee or some responsible person having knowledge of the facts and must be accompanied by payment of the amount to the state as royalty for the month covered by the report.   History: En. Sec. 53, Ch. 60, L. 1927; re-en. Sec. 1805.53, R.C.M. 1935; amd. Sec. 2, Ch. 194, L. 1945; amd. Sec. 50, Ch. 428, L. 1973; R.C.M. 1947, 81-702(part); amd. Sec. 8, Ch. 96, L. 2013.
MT Code § 77-3-206 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 2. Nonmetallic Minerals, Excluding Coal, Oil, and Gas|77-3-206. Disposition of royalties, fees, and penalties

  77-3-206. Disposition of royalties, fees, and penalties. The royalties, fees, and penalties received under these leases shall be credited to the various funds to which they properly belong in the same manner as is now provided for crediting the same under oil and gas leases.   History: En. Sec. 53, Ch. 60, L. 1927; re-en. Sec. 1805.53, R.C.M. 1935; amd. Sec. 2, Ch. 194, L. 1945; amd. Sec. 50, Ch. 428, L. 1973; R.C.M. 1947, 81-702(part).
MT Code § 77-3-207 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 2. Nonmetallic Minerals, Excluding Coal, Oil, and Gas|77-3-207. Land leased for other purposes

  77-3-207. Land leased for other purposes. Such portions of the section or other subdivision of the land on which such deposits are located as are not needed for the quarrying or digging and removal of the stone, limestone, oil shale, clay, sand, or gravel may be leased for grazing or agricultural purposes the same as other state lands. In the case that grazing or agricultural leases are issued they shall provide for a right-of-way across the land for the removal of the stone, limestone, oil shale, clay, gravel, sand, or other deposits, but the rights of the lessee shall also be duly protected.   History: En. Sec. 54, Ch. 60, L. 1927; re-en. Sec. 1805.54, R.C.M. 1935; R.C.M. 1947, 81-703.
MT Code § 77-3-208 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 2. Nonmetallic Minerals, Excluding Coal, Oil, and Gas|77-3-208. Stone, gravel, and sand permits for public use

  77-3-208. Stone, gravel, and sand permits for public use. (1) The board may in its discretion issue permits upon such terms and conditions it determines to the department of transportation, the board of county commissioners of any county of the state, or to the governing body of a city or town and of any other political subdivision of the state granting them the right to take, remove, and use stone, gravel, or sand from any state lands that have not been sold under certificate of purchase or otherwise for the construction, maintenance, and improvement of public roads, highways, bridges, streets, or alleys.   (2) The rights of lessees to the lands on which such stone, gravel, or sand may be located shall be properly safeguarded under the terms of the permits.   History: En. Sec. 55, Ch. 60, L. 1927; re-en. Sec. 1805.55, R.C.M. 1935; amd. Sec. 51, Ch. 428, L. 1973; R.C.M. 1947, 81-704; amd. Sec. 3, Ch. 512, L. 1991.
MT Code § 77-3-209 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 2. Nonmetallic Minerals, Excluding Coal, Oil, and Gas|77-3-209. and 77-3-210 reserved

  77-3-209 and 77-3-210 reserved.
MT Code § 77-3-211 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 2. Nonmetallic Minerals, Excluding Coal, Oil, and Gas|77-3-211. Limitation on public inspection rights

  77-3-211. Limitation on public inspection rights. The department may withhold from public inspection any information obtained from a lessee under this part if the information relates to the geology of the mining 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.   History: En. Sec. 2, Ch. 105, L. 1989.
MT Code § 77-3-301 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 3. Coal|77-3-301. Coal leases authorized

  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.   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. 4, Ch. 318, L. 2003.
MT Code § 77-3-302 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 3. Coal|77-3-302. Lands subject to coal leasing

  77-3-302. Lands subject to coal leasing. The authority to lease extends to state lands no matter how acquired and extends to state lands which have been sold but in which the coal rights are reserved by the state, whether the lands are under certificate of purchase or patents have been issued.   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 § 77-3-303 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 3. Coal|77-3-303. Rules relating to coal leasing

  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.   History: En. Sec. 44, Ch. 60, L. 1927; re-en. Sec. 1805.44, R.C.M. 1935; R.C.M. 1947, 81-507; amd. Sec. 1, Ch. 485, L. 2001.
MT Code § 77-3-304 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources|Part 3. Coal|77-3-304. Protection of rights of purchasers or prior lessees

  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.   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).