reglab/housing_qa huggingface dataset:
MT Code § 77-4-302 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 3. Wind and Solar Resources|77-4-302. Compensating surface lessee

  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.   History: En. Sec. 3, Ch. 313, L. 2021.
MT Code § 77-4-303 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 3. Wind and Solar Resources|77-4-303. Lease provisions

  77-4-303. Lease provisions. (1) A lessee under this part has exclusive rights of possession of the lands or interest leased, subject to conditions in the lease and compliance with the lease.  (2) The state reserves the right in leases under this part to sell, lease, or otherwise dispose of the surface, and the right to lease or exchange the subsurface, of the lands covered by the lease subject to the rights and privileges granted the lessee under the terms of the lease.   (3) A lease must specify the rental to be paid, duration, reasonable forfeiture provisions, bonding, and decommissioning terms.   (4) A lease may contain other provisions that the board and the lessee agree upon that are consistent with this part.   History: En. Sec. 4, Ch. 313, L. 2021.
MT Code § 77-4-304 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 3. Wind and Solar Resources|77-4-304. Rental and disposition of rent and other receipts

  77-4-304. Rental and disposition of rent and other receipts. (1) The rental payment to the state for a wind resource development lease may not be less than the full market value of the interest described in the approved lease.  (2) Rentals are credited to the income fund of the grant to which the lands under each lease belong.   History: En. Sec. 5, Ch. 313, L. 2021.
MT Code § 77-4-305 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 4. Renewable Resources|Part 3. Wind and Solar Resources|77-4-305. Rulemaking

  77-4-305. Rulemaking. The board may adopt rules governing the issuance of leases under this part.  History: En. Sec. 6, Ch. 313, L. 2021.
MT Code § 77-5-101 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 1. State Forests|77-5-101. Classification of lands as state forests

  77-5-101. Classification of lands as state forests. All lands at present owned by the state and all that may hereafter be acquired by the state through escheat, exchange, purchase, grant, or devise which are principally valuable for the timber that is on them or for the growing of timber or for watershed protection are hereby classified and designated "state forests" and reserved for forest production and watershed protection.   History: En. Sec. 1, Ch. 179, L. 1925; re-en. Sec. 1830.1, R.C.M. 1935; amd. Sec. 1, Ch. 145, L. 1949; amd. Sec. 1, Ch. 167, L. 1951; amd. Sec. 97, Ch. 253, L. 1974; R.C.M. 1947, 81-1401.
MT Code § 77-5-102 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 1. State Forests|77-5-102. Designation of state forests

  77-5-102. Designation of state forests. The following state forest units are hereby established, primarily to secure through forestry management a continuous supply of timber and the performance of watershed covers:   (1) A state forest containing lands owned or hereafter acquired by the state, now comprising about 90,000 acres, situated in the watersheds of the Stillwater and Whitefish Rivers of Flathead and Lincoln Counties shall hereafter be known and designated as the "Stillwater State Forest".   (2) A state forest containing all lands owned or hereafter acquired by the state, now comprising about 42,000 acres, situated in the Swan River watershed of Lake County shall hereafter be known and designated as the "Swan River State Forest".   (3) A state forest containing all lands owned or hereafter acquired by the state, now comprising about 20,000 acres, situated in the Coal Creek watershed of the North Fork of the Flathead River shall hereafter be known and designated as the "Coal Creek State Forest".   (4) A state forest containing all lands owned or hereafter acquired by the state, now comprising about 10,000 acres situated in the watersheds of Camp and Cameron Creeks of Ross Hole of Ravalli County shall hereafter be known and designated as the "Sula State Forest".   (5) A state forest containing all lands owned or hereafter acquired by the state, now comprising about 14,628 acres, situated in the west half of township 25 north, range 26 west; and township 23 north, range 27 west; and west half of township 22 north, range 26 west; and township 21 north, range 26 west, except sections 4, 5, 6, 7, 8, and 18, in the Thompson River watershed of Sanders County shall hereafter be known and designated as the "Thompson River State Forest".   (6) A state forest containing all lands owned or hereafter acquired by the state, now comprising about 18,076 acres, situated in townships 13, 14, and 15 north, range 14 west; and townships 13 and 16 north, range 15 west, Montana meridian, in the Clearwater River watershed of Missoula County shall hereafter be known and designated as the "Clearwater State Forest".   (7) A state forest containing all lands owned or hereafter acquired by the state, now comprising about 8,245 acres, situated in township 14 north, ranges 7, 8, and 9 west; and township 13 north, ranges 8 and 9 west, Montana meridian, of the Blackfoot River watershed in Lewis and Clark County shall hereafter be known and designated as the "Lincoln State Forest".   History: En. Sec. 2, Ch. 179, L. 1925; re-en. Sec. 1830.2, R.C.M. 1935; R.C.M. 1947, 81-1402.
MT Code § 77-5-103 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 1. State Forests|77-5-103. Role of department

  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.   History: En. Sec. 10, Ch. 147, L. 1909; amd. Sec. 2, Ch. 118, L. 1911; re-en. Sec. 1831, R.C.M. 1921; re-en. Sec. 1831, R.C.M. 1935; amd. Sec. 1, Ch. 218, L. 1955; amd. Sec. 34, Ch. 93, L. 1969; amd. Sec. 102, Ch. 253, L. 1974; amd. Sec. 16, Ch. 397, L. 1977; R.C.M. 1947, 81-1411; amd. Sec. 1, Ch. 529, L. 1981; amd. Sec. 28, Ch. 336, L. 2007.
MT Code § 77-5-104 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 1. State Forests|77-5-104. Repealed

  77-5-104. Repealed. Sec. 30, Ch. 336, L. 2007.   History: En. Sec. 11, Ch. 147, L. 1909; re-en. Sec. 1833, R.C.M. 1921; re-en. Sec. 1833, R.C.M. 1935; amd. Sec. 1, Ch. 147, L. 1955; amd. Sec. 103, Ch. 253, L. 1974; amd. Sec. 17, Ch. 17, L. 1977; R.C.M. 1947, 81-1412; amd. Sec. 2, Ch. 218, L. 1979; amd. Sec. 1, Ch. 529, L. 1981; amd. Sec. 4, Ch. 286, L. 1985; amd. Sec. 10, Ch. 662, L. 1991; amd. Sec. 1, Ch. 310, L. 1993; amd. Sec. 324, Ch. 418, L. 1995.
MT Code § 77-5-105 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 1. State Forests|77-5-105. Repealed

  77-5-105. Repealed. Sec. 30, Ch. 336, L. 2007.   History: (1)En. Sec. 12, Ch. 147, L. 1909; re-en. Sec. 1834, R.C.M. 1921; re-en. Sec. 1834, R.C.M. 1935; amd. Sec. 104, Ch. 253, L. 1974; Sec. 81-1413, R.C.M. 1947; (2)En. Sec. 13, Ch. 147, L. 1909; re-en. Sec. 1835, R.C.M. 1921; re-en. Sec. 1835; R.C.M. 1935; Sec. 81-1414, R.C.M. 1947; R.C.M. 1947, 81-1413(part), 81-1414.
MT Code § 77-5-106 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 1. State Forests|77-5-106. Repealed

  77-5-106. Repealed. Sec. 30, Ch. 336, L. 2007.   History: En. Sec. 12, Ch. 147, L. 1909; re-en. Sec. 1834, R.C.M. 1921; re-en. Sec. 1834, R.C.M. 1935; amd. Sec. 104, Ch. 253, L. 1974; R.C.M. 1947, 81-1413(part).
MT Code § 77-5-107 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 1. State Forests|77-5-107. through 77-5-114 reserved

  77-5-107 through 77-5-114 reserved.
MT Code § 77-5-115 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 1. State Forests|77-5-115. Repealed

  77-5-115. Repealed. Sec. 2, Ch. 182, L. 1999.   History: En. Sec. 1, Ch. 419, L. 1995.
MT Code § 77-5-116 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 1. State Forests|77-5-116. State forest lands -- deferral of management prohibited

  77-5-116. State forest lands -- deferral of management prohibited. The board and the department are prohibited from designating, treating, or disposing of any interest in state forest lands for the preservation or nonuse of these lands prior to obtaining funds for the affected beneficiary equal to the full market value of that designation, treatment, or disposition. Unless the full market value of the property interest or of the revenue foregone is obtained, the board and the department are prohibited from either temporarily or permanently designating, treating, or disposing of any interest in any state forest lands for the following purposes:   (1) as a natural area pursuant to Title 76, chapter 12, part 1, or as otherwise provided for by law;   (2) as open-space land as defined in 76-6-104;   (3) for old growth timber preservation; and   (4) as a wildlife management area.   History: En. Sec. 1, Ch. 259, L. 2001.
MT Code § 77-5-201 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 2. Timber Sales and Removal|77-5-201. Sale of timber

  77-5-201. Sale of timber. (1) Under the direction of the board, the department may sell the timber crop and other crops of the forests after examination, estimate, appraisal, and report and under any rules established by the board. Timber or forest products sold from state trust lands may be sold by a stumpage method or a lump-sum method or marketed by the state through contract harvesting as provided in 77-5-214 through 77-5-219.   (2) Timber proposed for sale in excess of 500,000 board feet must be advertised in a paper of the county in which the timber is situated for a period of at least 30 days, during which time the department must receive sealed bids up to the hour of the closing of the bids, as specified in the notice of sale.   (3) (a) In cases of emergency because of fire, insect, fungus, parasite, or blowdown or to address forest health concerns or in cases when the department is required to act immediately to take advantage of access granted by permission of an adjoining landowner, timber proposed for sale not in excess of 1 million board feet may be advertised by invitation to bid for a period of not less than 10 days. The department may reject any bids, upon approval of the board, or it shall award the sale to the highest responsible bidder.   (b) (i) In cases when the department is required to act immediately to take advantage of access granted by permission of an adjoining landowner and there is only one potential buyer with legal access, the department may negotiate a sale of timber not in excess of 2 million board feet without offering the timber for bid if the sale is for fair market value.   (ii) The provisions of subsection (3)(b)(i) do not apply to situations when the only access is totally controlled by a potential purchaser of the timber, in which case the department shall seek to negotiate permanent, reciprocal access.   (c) In the situations described in subsections (3)(a) and (3)(b)(i), the department is not required to comply with the provisions of 75-1-201(1) to the extent that compliance is precluded by limited time available to take advantage of the sales opportunities described by this subsection (3).   History: En. Sec. 4, Ch. 179, L. 1925; re-en. Sec. 1830.4, R.C.M. 1935; amd. Sec. 98, Ch. 253, L. 1974; amd. Sec. 1, Ch. 301, L. 1977; R.C.M. 1947, 81-1404(part); amd. Sec. 1, Ch. 529, L. 1981; amd. Sec. 1, Ch. 139, L. 1983; amd. Sec. 1, Ch. 223, L. 1995; amd. Sec. 8, Ch. 494, L. 2007; amd. Sec. 1, Ch. 116, L. 2017; amd. Sec. 1, Ch. 82, L. 2019.
MT Code § 77-5-202 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 2. Timber Sales and Removal|77-5-202. Agreement with purchaser -- bond

  77-5-202. Agreement with purchaser -- bond. (1) Upon award of sale the purchaser shall execute a formal agreement, approved by the board, which describes the area on which the timber is to be cut, the approximate quantity to be cut by species, and the rate for each product of each species. The agreement shall stipulate that all timber shall be paid for in advance of cutting, fix a date for termination of the agreement, and define rules of silviculture, cutting, utilization, scaling, and slash disposal and such other rules as in the discretion of the board are essential to the perpetuation of the state forests.   (2) (a) Except as provided in subsection (2)(b), as a guarantee for the faithful performance of the agreement, the purchaser shall be required to furnish a bond, with sufficient sureties, to the state of Montana, in an amount equal to the potential loss to the state, as determined by the department.   (b) The bond required under this section must be in an amount equal to at least 5% of the estimated value of the timber sold.   History: (1)En. Sec. 4, Ch. 179, L. 1925; re-en. Sec. 1830.4, R.C.M. 1935; amd. Sec. 98, Ch. 253, L. 1974; amd. Sec. 1, Ch. 301, L. 1977; Sec. 81-1404, R.C.M. 1947; (2)En. Sec. 5, Ch. 179, L. 1925; re-en. Sec. 1830.5, R.C.M. 1935; Sec. 81-1405, R.C.M. 1947; R.C.M. 1947, 81-1404(part), 81-1405; amd. Sec. 1, Ch. 373, L. 1989.
MT Code § 77-5-203 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 2. Timber Sales and Removal|77-5-203. Breach of timber sale agreement

  77-5-203. Breach of timber sale agreement. For breach of timber sale agreement, the department may suspend cutting or removal of the timber and take such steps as are advisable upon advice and counsel of the attorney general to adjust the breach or to liquidate the state's claim for damages or it may submit the case with full report as to damages sustained by the state to the attorney general for collection on the bond.   History: En. Sec. 6, Ch. 179, L. 1925; re-en. Sec. 1830.6, R.C.M. 1935; amd. Sec. 99, Ch. 253, L. 1974; R.C.M. 1947, 81-1406; amd. Sec. 1, Ch. 529, L. 1981.
MT Code § 77-5-204 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 2. Timber Sales and Removal|77-5-204. Sale of timber -- fee for forest improvement

  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.   History: En. Sec. 3560, p. 193, L. 1897; re-en. Sec. 2213, Rev. C. 1907; amd. Sec. 53, Ch. 147, L. 1909; amd. Sec. 4, Ch. 118, L. 1911; amd. Sec. 1, Ch. 26, L. 1919; re-en. Sec. 1872, R.C.M. 1921; amd. Sec. 1, Ch. 132, L. 1933; re-en. Sec. 1872, R.C.M. 1935; amd. Sec. 219, Ch. 147, L. 1963; amd. Sec. 82, Ch. 428, L. 1973; R.C.M. 1947, 81-1601; amd. Sec. 1, Ch. 529, L. 1981; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 1, Ch. 446, L. 1993; amd. Sec. 2, Ch. 157, L. 1995; amd. Sec. 11, Ch. 247, L. 2007; amd. Sec. 9, Ch. 494, L. 2007; amd. Sec. 21, Ch. 465, L. 2009.
MT Code § 77-5-205 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 2. Timber Sales and Removal|77-5-205. Approval or disapproval of sales

  77-5-205. Approval or disapproval of sales. All sales of timber on 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.   History: En. Sec. 82, Ch. 60, L. 1927; re-en. Sec. 1805.82, R.C.M. 1935; R.C.M. 1947, 81-918(part).
MT Code § 77-5-206 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 2. Timber Sales and Removal|77-5-206. Management of timber by department

  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.   History: En. Sec. 8, Ch. 179, L. 1925; re-en. Sec. 1830.8, R.C.M. 1935; amd. Sec. 1, Ch. 40, L. 1945; amd. Sec. 1, Ch. 219, L. 1955; amd. Sec. 1, Ch. 145, L. 1963; amd. Sec. 100, Ch. 253, L. 1974; R.C.M. 1947, 81-1408; amd. Sec. 1, Ch. 529, L. 1981; amd. Sec. 1, Ch. 110, L. 1991.
MT Code § 77-5-207 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 2. Timber Sales and Removal|77-5-207. Salvage timber program

  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.   History: En. Sec. 2, Ch. 285, L. 1993.
MT Code § 77-5-208 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 2. Timber Sales and Removal|77-5-208. Repealed

  77-5-208. Repealed. Sec. 1, Ch. 407, L. 2019.   History: En. Sec. 1, Ch. 224, L. 1999.
MT Code § 77-5-209 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 2. Timber Sales and Removal|77-5-209. and 77-5-210 reserved

  77-5-209 and 77-5-210 reserved.
MT Code § 77-5-211 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 2. Timber Sales and Removal|77-5-211. Repealed

  77-5-211. Repealed. Sec. 7, Ch. 270, L. 2001.   History: En. Sec. 7, Ch. 179, L. 1925; re-en. Sec. 1830.7, R.C.M. 1935; amd. Sec. 1, Ch. 217, L. 1955; R.C.M. 1947, 81-1407(part).
MT Code § 77-5-213 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 2. Timber Sales and Removal|77-5-213. Repealed

  77-5-213. Repealed. Sec. 8, Ch. 18, L. 1999.   History: En. Sec. 7, Ch. 179, L. 1925; re-en. Sec. 1830.7, R.C.M. 1935; amd. Sec. 1, Ch. 217, L. 1955; R.C.M. 1947, 81-1407(part).
MT Code § 77-5-214 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 2. Timber Sales and Removal|77-5-214. Statement of policy

  77-5-214. Statement of policy. (1) The application of contract harvesting on Montana's trust lands provides an opportunity to improve forest health and long-term productivity, increase options for managing forests in environmentally sensitive areas, and provide potential revenue benefits for trust beneficiaries.   (2) It is important that the department has clear authorization and direction for conducting contract harvesting, including marketing and selling log sorts and other forest products.   (3) A clear funding mechanism addressing the receipt of revenue and payment for costs associated with contract harvesting projects provides the transparent process that allows beneficiaries to understand the costs and benefits associated with contract harvesting.   (4) Contract harvesting has the potential to result in increased bidder activity, better use and merchandising of products, improved harvesting results and environmental protection, and quicker completion of projects when time constraints are a factor.   History: En. Sec. 1, Ch. 494, L. 2007.