reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 9. Coal Bed Methane Protection › 76-15-902. Legislative findings and declaration of purpose

76-15-902. Legislative findings and declaration of purpose.
(1) The legislature finds that the need for an economical supply of clean-burning energy is a national and state priority.
(2) The legislature further finds that Montana possesses plentiful reserves of clean-burning natural gas contained in coal beds.
(3) The legislature further finds that the extraction of natural gas from coal beds may result in unanticipated adverse impacts to land and to water quality and availability.
(4) The legislature declares that there is a compelling public need to promote efforts that preserve the environment and protect the right to use and enjoy private property. The legislature further declares that the purpose of this part is to establish a long-term coal bed methane protection account and a coal bed methane protection program for the purpose of compensating private landowners and water right holders for damage to land and to water quality and availability that is attributable to the development of coal bed methane wells.
(5) The legislature further declares that the provisions of this part do not relieve coal bed methane developers or operators that own, develop, or operate coal bed methane wells and collection systems of their legal obligation to compensate landowners and water right holders for damages caused by the development of coal bed methane.
(6) The legislature further declares that the provisions of this part do not relieve coal bed methane developers or operators from:
(a) any liability associated with the exploration or development of coal bed methane; or
(b) the responsibility to comply with any applicable provision of Titles 75, 82, and 85 and any other provision of law applicable to the protection of natural resources or the environment.
History: En. Sec. 2, Ch. 531, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 9. Coal Bed Methane Protection › 76-15-903. Definitions

76-15-903. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Agricultural production" means the production of:
(a) any growing grass, crops, or trees attached to the surface of the land; or
(b) farm animals with commercial value.
(2) "Coal bed methane developer or operator" means the person who acquires a lease for the purpose of extracting natural gas from a coal bed.
(3) "Department" means the department of natural resources and conservation as provided for in Title 2, chapter 15, part 33.
(4) "Emergency" means the loss of a water supply that must be replaced immediately to avoid substantial damage to a landowner or a water right holder.
History: En. Sec. 3, Ch. 531, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 9. Coal Bed Methane Protection › 76-15-904. Coal bed methane protection account -- use

76-15-904. Coal bed methane protection account -- use.
(1) There is a coal bed methane protection account in the state special revenue fund.
(2) All money paid into the account must be invested by the board of investments. Earnings from investments must be deposited in the account.
(3) Subject to the conditions of subsections (4) and (5), money deposited in the account must be used to compensate landowners and water right holders for damages attributable to coal bed methane development as provided in this part.
(4) Money deposited in the fund and earnings of the fund may not be expended until after June 30, 2005. For fiscal years beginning after June 30, 2005, principal and earnings may be expended only in the case of an emergency. For fiscal years beginning after June 30, 2011, principal and earnings in the account may be expended for any purpose authorized pursuant to this part.
(5) Subject to legislative fund transfers, money in the account must be appropriated to the department for use by conservation districts that have private landowners or water right holders who qualify for compensation as provided in 76-15-905.
History: En. Sec. 4, Ch. 531, L. 2001; amd. Sec. 12, Ch. 522, L. 2003; amd. Sec. 11, Ch. 312, L. 2011.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 10. Procurement and Competitive Bidding › 76-15-1001. Power to enter and execute contracts

76-15-1001. Power to enter and execute contracts.
A conservation district is authorized to make contracts necessary to implement the applicable powers granted by this chapter and to provide for the manner of executing contracts.
History: En. Sec. 1, Ch. 155, L. 2015.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 10. Procurement and Competitive Bidding › 76-15-1004. Service contracts

76-15-1004. Service contracts.
(1) Contracts for architectural, engineering, land surveying, auditing, accounting, or legal services that are estimated to:
(a) exceed the amount provided for in 18-8-212 may be entered into by publication of a request for qualifications pursuant to 76-15-1006 and negotiation with the most qualified responder;
(b) not exceed the amount provided for in 18-8-212 may be by direct negotiations.
(2) Contracts in which the majority of the services to be rendered constitute services other than architectural, engineering, land surveying, auditing, accounting, or legal services must be awarded under the procedure provided for in subsection (3).
(3) Except as provided in subsection (1), contracts may be entered into as follows:
(a) When the total contract value is estimated to be less than $5,000, a procurement technique may be used that best meets the conservation district's needs.
(b) When the total contract value is estimated to be between $5,001 and $25,000, a limited solicitation procedure must be used by receiving a minimum of three written or oral quotations. The limited solicitation procedure must be documented.
(c) When the total contract value is estimated to be greater than $25,000, a request for proposal or invitation to bid pursuant to 76-15-1006 must be used to select a contractor that best meets the conservation district's needs.
History: En. Sec. 2, Ch. 155, L. 2015.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 10. Procurement and Competitive Bidding › 76-15-1005. Requirements for purchases or construction contracts

76-15-1005. Requirements for purchases or construction contracts
. For contracts for the purchase of vehicles, machinery, equipment, materials, or supplies or for construction, repair, restoration, or maintenance under this chapter in excess of the limit provided in 7-5-2301, supervisors shall comply with the provisions of 76-15-1006 and may:
(1) award the contract to the lowest responsible bidder;
(2) postpone awarding a contract;
(3) reject any or all bids; or
(4) readvertise the contract.
History: En. Sec. 3, Ch. 155, L. 2015.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 10. Procurement and Competitive Bidding › 76-15-1006. Advertisements

76-15-1006. Advertisements.
(1) The advertisement for requests for bids, proposals, or qualifications must be published in a newspaper of general circulation that includes the conservation district.
(2) A second publication may not be made less than 5 days or more than 12 days before the opening of bids.
(3) A second publication may not be made less than 5 days or more than 12 days before the deadline for the submission of a request for proposals or a request for qualifications.
History: En. Sec. 4, Ch. 155, L. 2015.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 10. Procurement and Competitive Bidding › 76-15-1011. Exemptions from advertising and bidding

76-15-1011. Exemptions from advertising and bidding
. (1) When immediate delivery of supplies, equipment, or services is required in an emergency, including but not limited to fire, flood, explosion, storm, earthquake, riot, or insurrection, the provisions of 76-15-1005 and 76-15-1006 do not apply if:
(a) the supervisors act, by majority vote in an open meeting, in a manner that best meets the emergency and serves the public interest; and
(b) the emergency is declared and recorded in the minutes of the board of supervisors meeting.
(2) Supplies or services may be purchased without bid from government agencies if purchased at a substantial savings.
(3) Contracts may be entered into by direct negotiations for the purchase of vehicles, machinery, equipment, materials, or supplies or for construction, repair, restoration, or maintenance under Title 76, chapter 15, for which the cost is less than the limit provided in 7-5-2301.
(4) Vehicles, machinery, equipment, materials, or supplies may be rented if the rental results in a substantial savings over purchase.
History: En. Sec. 5, Ch. 155, L. 2015.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 10. Procurement and Competitive Bidding › 76-15-1012. Terms and extensions

76-15-1012. Terms and extensions.
(1) Prior to the issuance, extension, or renewal of a contract, it must be determined that:
(a) estimated requirements cover the period of the contract and are reasonably firm and continuing; and
(b) the contract will serve the best interests of the conservation district by encouraging effective competition or otherwise promoting economies in conservation district procurement.
(2) A contract may not be made for a period of more than 7 years.
(3) A contract may be extended or renewed if:
(a) the terms of the extension or renewal, if any, are included in the solicitation;
(b) funds are available for the first fiscal period at the time of the agreement; and
(c) the total contract period, including any extension or renewal, does not exceed 7 years.
(4) Payment and performance obligations for succeeding fiscal periods are subject to the availability and appropriation of funds for the fiscal periods.
(5) If funds are not available to support continuation of performance in a subsequent fiscal period, the contract must be canceled.
History: En. Sec. 6, Ch. 155, L. 2015.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 10. Procurement and Competitive Bidding › 76-15-1013. Division of contracts prohibited

76-15-1013. Division of contracts prohibited.
Contracts may not be divided or projects split to circumvent the provisions of this part.
History: En. Sec. 7, Ch. 155, L. 2015.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 10. Procurement and Competitive Bidding › 76-15-1014. Cooperative purchasing contracts

76-15-1014. Cooperative purchasing contracts.
A conservation district may, in cooperation with one or more other conservation districts, conduct cooperative purchasing as defined in 18-4-401 for the procurement of supplies or services.
History: En. Sec. 8, Ch. 155, L. 2015.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 1. General Provisions › 76-16-101. Short title

76-16-101. Short title.
This chapter may be cited as the "Grass Conservation Act".
History: En. Sec. 1, Ch. 208, L. 1939; amd. Sec. 35, Ch. 253, L. 1974; R.C.M. 1947, 46-2301(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 1. General Provisions › 76-16-102. Purpose

76-16-102. Purpose.
The purpose of this chapter is to provide for the conservation, protection, restoration, and proper utilization of grass, forage, and range resources of the state of Montana, to provide for the incorporation of cooperative nonprofit state districts, to provide a means of cooperation with the secretary of the interior as provided in the federal act known as the Taylor Grazing Act and any other governmental agency or department having jurisdiction over lands belonging to the United States or other state or federal agency as well as agencies having jurisdiction over federal lands, to permit the setting up of a form of grazing administration which will aid in the unification or control of all grazing lands within the state where the ownership is diverse and the lands intermingled, and to provide for the stabilization of the livestock industry and the protection of dependent commensurate properties.
History: En. Sec. 1, Ch. 208, L. 1939; amd. Sec. 35, Ch. 253, L. 1974; R.C.M. 1947, 46-2301(part); amd. Sec. 1, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 1. General Provisions › 76-16-103. Definitions

76-16-103. Definitions.
Unless the context requires otherwise, in this chapter, the following definitions apply:
(1) "Animal unit" means one cow, one horse, or five sheep, 6 months of age or older.
(2) "Animal unit month" or "AUM" means one cow/calf pair, one horse, or five sheep, grazed individually for 1 month, or an equivalency as determined by a local state district.
(3) "Assessment" means a special levy imposed on permittee members by the state district to raise funds for specific purposes as provided in 76-16-323(1). The term does not include fees.
(4) "Commensurate property" means land that is privately owned or controlled and that is not range.
(5) "Commission" means the Montana grass conservation commission provided for in 76-16-112.
(6) "Department" means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33.
(7) "Dependent commensurate property" is commensurate property that:
(a) requires the use of range in connection with it to maintain its proper use;
(b) produces or whose owner furnishes as part of the owner's past customary practice the proper feed necessary to maintain livestock during the time other than the established grazing period on the range; and
(c) has been used in connection with the range for a 5-year period immediately preceding the date of organization of the state district.
(8) "Directors" means the board of directors of a state district provided for in 76-16-301.
(9) "Grazing preference" is a right to obtain a grazing permit from a state district, expressed in animal unit months. Grazing preferences, expressed in AUMs, must be the basis for determining a member's proportionate interest in state district assets.
(10) "Permits" are evidence of grazing privileges granted by state districts.
(11) "Person" means a natural person or persons, unincorporated associations, partnerships, corporations, and governmental departments or agencies.
(12) "Range" is the land within a state district upon which grazing permits are granted to maintain livestock through the established grazing period.
(13) "Secretary" means the secretary of the Montana grass conservation commission.
(14) "State district" means a nonprofit cooperative organization incorporated under this chapter and its board of directors. The term includes all lands owned or controlled by the state district or its members.
History: En. Sec. 2, Ch. 208, L. 1939; amd. Sec. 1, Ch. 199, L. 1945; amd. Sec. 36, Ch. 253, L. 1974; R.C.M. 1947, 46-2302(part); amd. Sec. 299, Ch. 418, L. 1995; amd. Sec. 2, Ch. 244, L. 1997; amd. Sec. 1, Ch. 401, L. 1999; amd. Sec. 2, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 1. General Provisions › 76-16-104. Role of the commission

76-16-104. Role of the commission.
(1) The commission shall assist in carrying out the purposes of this chapter, act in an advisory capacity with the boards of county commissioners, and supervise and coordinate the formation and operation of state districts that may be incorporated under this chapter.
(2) The commission may act in an advisory capacity to the boards of county commissioners for the purpose of working out uniform plans for the use of lands lying within or outside of the boundaries of state districts in conformity with recognized conservation and stabilization policies.
History: En. Secs. 1, 17, Ch. 208, L. 1939; amd. Secs. 35, 47, Ch. 253, L. 1974; R.C.M. 1947, 46-2301(part), 46-2317; amd. Sec. 300, Ch. 418, L. 1995; amd. Sec. 3, Ch. 244, L. 1997; amd. Sec. 3, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 1. General Provisions › 76-16-105. Repealed

76-16-105. Repealed.
Sec. 45, Ch. 31, L. 2001.
History: En. Sec. 7, Ch. 208, L. 1939; amd. Sec. 2, Ch. 199, L. 1945; amd. Sec. 37, Ch. 253, L. 1974; R.C.M. 1947, 46-2307(part); amd. Sec. 301, Ch. 418, L. 1995; amd. Sec. 4, Ch. 244, L. 1997.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 1. General Provisions › 76-16-106. Commission fees

76-16-106. Commission fees.
(1) The commission may impose fees against the state districts in an amount not in excess of 10 cents per animal unit month of grazing preference, based upon the number of animal unit months per year for which the state district grants permits, to defray expenses incurred by the commission in carrying out its powers and duties under this chapter.
(2) These fees must be held in the state special revenue fund to be expended by order and direction of the commission for the operation and administration of the commission under this chapter.
(3) If a state district fails or refuses to pay the fee on or before October 1 of each year and after the state district is provided with a full report from the department of all money collected and expended by it for its fiscal year preceding that date, the commission may compel and levy collection and payment by writ of mandate or other appropriate remedy against the state district.
History: En. Sec. 29, Ch. 208, L. 1939; amd. Sec. 1, Ch. 241, L. 1961; amd. Sec. 156, Ch. 147, L. 1963; amd. Sec. 1, Ch. 20, L. 1971; amd. Sec. 52, Ch. 253, L. 1974; R.C.M. 1947, 46-2331; amd. Sec. 1, Ch. 34, L. 1981; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 2, Ch. 401, L. 1999; amd. Sec. 4, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 1. General Provisions › 76-16-107. Range for wild game animals

76-16-107. Range for wild game animals.
In each state district a sufficient carrying capacity of range must be reserved for the maintenance of a reasonable number of wild game animals to use the range in common with livestock grazing in the state district. The commission may act in an advisory capacity to the department of fish, wildlife, and parks in the protection of wildlife within the boundaries of all state districts.
History: En. Sec. 30, Ch. 208, L. 1939; amd. Sec. 53, Ch. 253, L. 1974; R.C.M. 1947, 46-2332; amd. Sec. 2, Ch. 218, L. 1979; amd. Sec. 3, Ch. 401, L. 1999; amd. Sec. 5, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 1. General Provisions › 76-16-108. Nature of rights

76-16-108. Nature of rights.
(1) Grazing preferences or rights under this chapter through the creation of the state district or the issuance of permits based on AUMs of grazing preference are statutory and do not create any vested right, title, interest, or estate in or to the lands owned or controlled by the state district except as provided in this chapter.
(2) A person who chooses to become a member of a state district is bound by all the provisions of this chapter and is limited to the statutory remedies contained in this chapter, and a court has no jurisdiction to consider any right claimed under this chapter except by judicial review from the final decision of the commission as provided in this chapter.
History: (1)En. Sec. 14, Ch. 208, L. 1939; amd. Sec. 2, Ch. 163, L. 1953; amd. Sec. 44, Ch. 253, L. 1974; Sec. 46-2314, R.C.M. 1947; (2)En. Sec. 8, Ch. 208, L. 1939; amd. Sec. 3, Ch. 199, L. 1945; amd. Sec. 1, Ch. 163, L. 1953; amd. Sec. 38, Ch. 253, L. 1974; Sec. 46-2308, R.C.M. 1947; R.C.M. 1947, 46-2308(part), 46-2314(3); amd. Sec. 4, Ch. 401, L. 1999; amd. Sec. 6, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 1. General Provisions › 76-16-109. Appeal procedure

76-16-109. Appeal procedure.
(1) Notice of a decision of a state district must be given in writing by the secretary of the state district to the interested parties or their attorneys by certified mail at the address as shown on the records of the state district.
(2) A person affected by the decision of a state district may appeal to the commission, and the commission shall hear and decide all those appeals. An appeal from the decision of the state district to the commission may be taken by filing written notice of the appeal with the commission, by filing a copy of the notice of appeal with the secretary of the state district, and by serving a copy of the notice of appeal by certified mail upon any interested parties who have appeared or upon their attorneys within 60 days after receiving written notice of the decision of the state district. The appellant shall also file with the commission proof by affidavit of the filing and service of the notice of appeal. The appeal to the commission must be taken and review of the appeal must be upon the record of any hearing conducted and considered by the state district. However, the commission may, for good cause shown, permit additional testimony to be submitted.
History: En. Sec. 8, Ch. 208, L. 1939; amd. Sec. 3, Ch. 199, L. 1945; amd. Sec. 1, Ch. 163, L. 1953; amd. Sec. 38, Ch. 253, L. 1974; R.C.M. 1947, 46-2308(part); amd. Sec. 302, Ch. 418, L. 1995; amd. Sec. 5, Ch. 401, L. 1999; amd. Sec. 7, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 1. General Provisions › 76-16-110. Administrative procedure act applicable

76-16-110. Administrative procedure act applicable.
The Montana Administrative Procedure Act applies to this chapter.
History: En. Sec. 8, Ch. 208, L. 1939; amd. Sec. 3, Ch. 199, L. 1945; amd. Sec. 1, Ch. 163, L. 1953; amd. Sec. 38, Ch. 253, L. 1974; R.C.M. 1947, 46-2308(3).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 1. General Provisions › 76-16-111. What constitutes receipt of notice

76-16-111. What constitutes receipt of notice.
In all cases where notices are given to permittees under this chapter by certified mail and addressed to the post-office address of the permittee as shown by the records of the state district, the notices must be considered received by the permittee when deposited in the United States post office by the state district or by the commission.
History: En. Sec. 22, Ch. 208, L. 1939; amd. Sec. 4, Ch. 163, L. 1953; amd. Sec. 1, Ch. 24, L. 1971; amd. Sec. 49, Ch. 253, L. 1974; R.C.M. 1947, 46-2322(8); amd. Sec. 6, Ch. 401, L. 1999; amd. Sec. 8, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 1. General Provisions › 76-16-112. Creation of Montana grass conservation commission -- membership -- meetings -- compensation

76-16-112. Creation of Montana grass conservation commission -- membership -- meetings -- compensation.
(1) There is a Montana grass conservation commission. The commission is composed of five members appointed by the governor to serve staggered 3-year terms.
(2) (a) The governor, after giving full consideration to representation by both large and small operators, shall appoint:
(i) two members who are either officers of or who serve on the board of directors of a state district;
(ii) two members who hold active grazing preference rights within a state district; and
(iii) one member of the public who possesses a general understanding of the livestock industry and the proper use of rangelands within state districts for the purpose of livestock production.
(b) Ex officio members may be appointed by the commission as needed.
(3) Members may not be appointed for more than three consecutive terms. The commission shall annually elect from among its members a presiding officer and a vice presiding officer. The presiding officer shall preside over all meetings of the commission, except that the vice presiding officer shall assume the duties of the presiding officer in the absence of the presiding officer.
(4) (a) The commission shall meet annually in Montana at a place determined by the presiding officer.
(b) The commission may hold other meetings at times and places as necessary upon the call of the presiding officer or the request of a majority of commission members and upon at least 7 days' written notice to the commission members of the time and place of the meeting.
(c) A majority of commission members constitutes a quorum for the transaction of business. The commission shall keep accurate records of all business that is considered, and the presiding officer shall sign all orders, minutes, and other documents of the commission.
(5) Commission members may receive no compensation for their services, but members are entitled to compensation for actual expenses incurred in carrying out their duties, including travel and per diem.
(6) The commission is allocated to the department for administrative purposes only as provided in 2-15-121. The commission shall, if it determines that personnel services are required, hire its own personnel, and 2-15-121(2)(d) does not apply. The secretary must be employed at the discretion of the commission.
History: En. Sec. 33, Ch. 401, L. 1999; amd. Sec. 9, Ch. 31, L. 2001; amd. Sec. 1, Ch. 114, L. 2015.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 1. General Provisions › 76-16-113. Powers of commission

76-16-113. Powers of commission.
The commission has all the powers enumerated in this chapter and any other powers necessary or incidental to carrying out the full purpose and intent of this chapter, including but not limited to:
(1) conducting hearings on issues brought before the commission and conducting investigations into matters affecting the commission or the operation of state districts, including appeals of decisions made by the board of directors of an individual state district or other actions taken in accordance with this chapter;
(2) administratively promoting and fostering an atmosphere of cooperation and mutual trust between the federal bureau of land management, the United States forest service, the department, and state districts and upholding the terms and conditions of any memorandum of understanding between those entities with regard to provisions noted in the Federal Land Policy and Management Act, the Public Rangelands Improvement Act, the Taylor Grazing Act, and this chapter;
(3) prescribing methodologies to be used for the reallocation of grazing preference within cooperative state districts that, for whatever reason, no longer have access to historical grazing preference records;
(4) preparing and standardizing various forms to be used by the state districts and supervising or regulating the organization and operation of state districts;
(5) issuing citations directed to any person requiring the person's attendance before the commission and subpoenaing witnesses and paying expenses that would be allowed in a court action;
(6) requiring an officer or director of a state district to submit records of the state district to the commission for the purpose of aiding an investigation conducted by the commission;
(7) requiring state districts to annually furnish itemized financial reports; and
(8) cooperating and entering into agreements on behalf of a state district, with its consent, with any governmental subdivision, department, or agency in order to promote the purposes of this chapter.
History: En. Sec. 34, Ch. 401, L. 1999; amd. Sec. 10, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 2. Establishment of Districts › 76-16-201. Procedure to incorporate state district

76-16-201. Procedure to incorporate state district.
(1) If three or more persons who own or control commensurate property and are livestock operators within the area proposed to be created into a state district decide to incorporate a state district, they shall submit a statement in writing to the commission together with a plat showing the proposed boundaries of the area.
(2) The statement must set forth the name of the proposed state district, the county or counties in which the proposed state district is located, and the names and addresses of all operators of land and livestock units within the area. The commission may require any additional information it considers necessary.
(3) On receipt of the statement and plat and any additional information, the commission shall fix a time and place of a hearing for approval within the state district or county, which may not be less than 30 days or more than 60 days after receipt of the statement.
History: En. Sec. 9, Ch. 208, L. 1939; amd. Sec. 4, Ch. 199, L. 1945; amd. Sec. 39, Ch. 253, L. 1974; R.C.M. 1947, 46-2309(part); amd. Sec. 7, Ch. 401, L. 1999; amd. Sec. 11, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 2. Establishment of Districts › 76-16-202. Notice and hearing on question of incorporation

76-16-202. Notice and hearing on question of incorporation.
(1) The persons deciding to incorporate the state district shall cause notice of the hearing to be given by publishing a notice prescribed by the commission once a week for 2 consecutive weeks in a newspaper of general circulation in the area. The first publication must be at least 30 days prior to the date of hearing.
(2) The commission shall hear evidence offered in support of or in opposition to the creation of the state district and shall make a full inquiry into the advisability of its creation.
History: En. Sec. 9, Ch. 208, L. 1939; amd. Sec. 4, Ch. 199, L. 1945; amd. Sec. 39, Ch. 253, L. 1974; R.C.M. 1947, 46-2309(part); amd. Sec. 303, Ch. 418, L. 1995; amd. Sec. 8, Ch. 401, L. 1999; amd. Sec. 12, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 2. Establishment of Districts › 76-16-203. Certificate of approval

76-16-203. Certificate of approval.
If the creation of the state district appears feasible, beneficial, and desirable to those who own or control more than 50% of the lands to be included in the state district, the commission may issue a certificate of approval.
History: En. Sec. 9, Ch. 208, L. 1939; amd. Sec. 4, Ch. 199, L. 1945; amd. Sec. 39, Ch. 253, L. 1974; R.C.M. 1947, 46-2309(part); amd. Sec. 304, Ch. 418, L. 1995; amd. Sec. 9, Ch. 401, L. 1999; amd. Sec. 13, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 2. Establishment of Districts › 76-16-204. Articles of incorporation

76-16-204. Articles of incorporation.
(1) Upon the issuance of the certificate of approval, three or more persons who own or control commensurate property and are livestock operators within or near the proposed state district may prepare articles of incorporation and file them in the office of the secretary of state without payment of fees.
(2) The articles must be accompanied by the certificate of approval and signed, sealed, and acknowledged. The articles, as prescribed by the commission, shall substantially state the following:
(a) the name of the state district, the last four words of which must be "cooperative state grazing district";
(b) the county or counties in which the state district is located and the place where the principal office and business of the state district will be conducted;
(c) the membership fee for each member of the state district, which may not be more than $5;
(d) the names and residences of the persons who subscribe, together with a statement that each owns or controls commensurate property and is a livestock operator within the proposed state district;
(e) the powers of the state district, which may not be inconsistent with this chapter;
(f) the officers of the state district, their principal duties, and the principal duties of the board of directors;
(g) the purpose for which the state district is incorporated.
History: En. Sec. 10, Ch. 208, L. 1939; amd. Sec. 40, Ch. 253, L. 1974; R.C.M. 1947, 46-2310(part); amd. Sec. 10, Ch. 401, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 2. Establishment of Districts › 76-16-205. Issuance of certificate of incorporation

76-16-205. Issuance of certificate of incorporation.
If the articles substantially comply with the requirements set forth in 76-16-204 and are accompanied by the certificate of approval, the secretary of state shall issue to the state district a certificate of incorporation.
History: En. Sec. 10, Ch. 208, L. 1939; amd. Sec. 40, Ch. 253, L. 1974; R.C.M. 1947, 46-2310(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 2. Establishment of Districts › 76-16-206. Amending articles of incorporation

76-16-206. Amending articles of incorporation.
(1) A state district may amend its articles of incorporation by a two-thirds vote of all members present at any regular or special meeting of its members and the approval of the commission. The only notice of the meeting that is necessary is the notice of meetings of members as required by the bylaws of the state district. The amended articles of incorporation and bylaws must be submitted to the commission for approval. Upon approval, the commission shall issue a certificate of approval. The amended articles of incorporation must be filed by the secretary of state without charge, but may not be filed unless accompanied by the certificate of approval. If the articles of incorporation are amended, the amendment must be filed with the county clerk or clerks.
(2) Upon the filing of the amended articles with the secretary of state and the proper county clerk or clerks, the state district possesses the same powers and is subject to the same obligations as if incorporated under this chapter.
History: En. Secs. 11, 18, Ch. 208, L. 1939; amd. Secs. 41, 48, Ch. 253, L. 1974; R.C.M. 1947, 46-2311(part), 46-2318; amd. Sec. 11, Ch. 401, L. 1999; amd. Sec. 14, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 2. Establishment of Districts › 76-16-207. Filing of map or plat of state district

76-16-207. Filing of map or plat of state district.
A state district shall, upon completion of its organization, file with the commission and the county clerk and recorder of each county in which its lands lie a map or plat of the external boundaries of the state district showing the allocation of individual allotments, members running in common allotments, allotment names, and references to lands used as base properties, along with a copy of its articles of incorporation. If the boundaries of a state district are changed and the changes are approved by the commission after a hearing, the state district shall file with the county clerk or clerks and with the commission a revised map or plat indicating the changed boundaries.
History: En. Sec. 11, Ch. 208, L. 1939; amd. Sec. 41, Ch. 253, L. 1974; R.C.M. 1947, 46-2311(part); amd. Sec. 305, Ch. 418, L. 1995; amd. Sec. 12, Ch. 401, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 2. Establishment of Districts › 76-16-208. Adoption of bylaws and periodic review -- annual report

76-16-208. Adoption of bylaws and periodic review -- annual report.
(1) A state district incorporated under this chapter shall within 60 days after its incorporation adopt bylaws approved by the commission. The bylaws may be amended or revised with the approval of the commission. Each incorporated state district shall review and update its bylaws to ensure compliance with this chapter and the general laws of this state. A review and update must be completed at reasonable intervals, not to exceed 5 years.
(2) Each state district incorporated under this chapter shall report annually to the commission any changes to the allocation of grazing preferences, redefinitions of grazing allotment boundaries, or dispositions of base properties within the state district. The annual reports must include an updated plat depicting current allocation of grazing preferences, grazing allotment boundaries, and a list of all members running in common allotments where more than one member may have grazing preferences.
History: En. Sec. 15, Ch. 208, L. 1939; amd. Sec. 45, Ch. 253, L. 1974; R.C.M. 1947, 46-2315; amd. Sec. 13, Ch. 401, L. 1999; amd. Sec. 15, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 2. Establishment of Districts › 76-16-209. Alteration of state district

76-16-209. Alteration of state district.
(1) A state district may change the boundaries of the state district, merge with another state district organized under this chapter, or subdivide.
(2) A merger may not be made unless consented to by a majority of the members of each merging state district and approved by the commission after a hearing.
(3) A subdivision may not be made unless consented to by a majority of the members in the affected area and approved by the commission after a hearing.
History: En. Sec. 12, Ch. 208, L. 1939; amd. Sec. 42, Ch. 253, L. 1974; amd. Sec. 1, Ch. 22, L. 1977; R.C.M. 1947, 46-2312(11); amd. Sec. 306, Ch. 418, L. 1995; amd. Sec. 14, Ch. 401, L. 1999; amd. Sec. 16, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 2. Establishment of Districts › 76-16-210. Request for dissolution of state district

76-16-210. Request for dissolution of state district.
A state district, with the written consent of three-fourths of its permittee members, may at any time request the commission to dissolve the state district subject to the preferences of this chapter. The commission shall establish procedures for the dissolution of any state district.
History: En. Sec. 25, Ch. 208, L. 1939; amd. Sec. 6, Ch. 163, L. 1953; amd. Sec. 51, Ch. 253, L. 1974; R.C.M. 1947, 46-2325(part); amd. Sec. 307, Ch. 418, L. 1995; amd. Sec. 15, Ch. 401, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 2. Establishment of Districts › 76-16-211. Dissolution of state district

76-16-211. Dissolution of state district.
(1) If a state district ceases to function in accordance with its bylaws and this chapter and it appears to the commission that the reinstatement and future operation of the state district is no longer feasible, beneficial, and desirable to the majority of members of the state district, the commission, after a hearing and upon 30 days' notice in writing, published for 2 consecutive weeks in a newspaper of general circulation in or nearest to the state district, may dissolve the state district.
(2) A notice of the dissolution must be filed by the commission with the secretary of state and the clerk and recorder of the county or counties in which the state district is located.
History: En. Sec. 7, Ch. 208, L. 1939; amd. Sec. 2, Ch. 199, L. 1945; amd. Sec. 37, Ch. 253, L. 1974; R.C.M. 1947, 46-2307(1)(b); amd. Sec. 308, Ch. 418, L. 1995; amd. Sec. 16, Ch. 401, L. 1999; amd. Sec. 17, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 2. Establishment of Districts › 76-16-212. Distribution of state district assets

76-16-212. Distribution of state district assets.
(1) When a hearing on the request for dissolution has been held before the commission and the consent of the board of directors has been given, the directors shall distribute the assets of the state district, either in items of property or in cash or both. Distribution must first be made with the approval of the commission to creditors up to the amount of their claims. Distribution must then be made with the approval of the commission to permittee members upon the basis of their proportionate interest in the assets.
(2) If assets must be liquidated, the directors shall offer them for sale at public auction or through another competitive bidding procedure after publication of a notice of the sale once a week for 2 successive weeks in a newspaper of general circulation within the state district. State district members holding grazing preference directly proportional to and associated with the assets being liquidated must be offered an opportunity to meet the highest bid submitted through the bidding process.
History: En. Sec. 25, Ch. 208, L. 1939; amd. Sec. 6, Ch. 163, L. 1953; amd. Sec. 51, Ch. 253, L. 1974; R.C.M. 1947, 46-2325(part); amd. Sec. 17, Ch. 401, L. 1999; amd. Sec. 18, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 2. Establishment of Districts › 76-16-213. Final report on dissolution proceedings

76-16-213. Final report on dissolution proceedings.
A final report of all dissolution proceedings must be made to the commission by the directors. Upon the approval of the report, the commission shall order the state district dissolved.
History: En. Sec. 25, Ch. 208, L. 1939; amd. Sec. 6, Ch. 163, L. 1953; amd. Sec. 51, Ch. 253, L. 1974; R.C.M. 1947, 46-2325(part); amd. Sec. 309, Ch. 418, L. 1995; amd. Sec. 19, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 3. Organization, Administration, and Operation › 76-16-301. Powers and duties of directors

76-16-301. Powers and duties of directors.
The directors of the state district shall manage and exercise the powers of the state district subject to its bylaws and to the regulation of the commission as provided in this chapter.
History: En. Sec. 13, Ch. 208, L. 1939; amd. Sec. 43, Ch. 253, L. 1974; R.C.M. 1947, 46-2313; amd. Sec. 20, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 3. Organization, Administration, and Operation › 76-16-302. Membership in state district

76-16-302. Membership in state district.
(1) Membership in a state district is limited to persons engaged in the livestock business who own or lease forage-producing lands within or near the state district, except that the agent of a person entitled to membership in the state district may become a member in place of the agent's principal.
(2) If an agent becomes a member, the agent's qualifications for membership and the agent's obligations to and the privileges in the state district must be measured by those that the agent's principal would have had if the principal had elected to become a member. An agent and the agent's principal may not both be members of the state district unless the agent has individual qualifications for membership that are separable from and independent of those of the principal.
(3) Livestock producers owning or controlling base property within the designated boundaries of the state district and who held grazing preference during the preceding grazing season or at the time of voting must be designated as permittee members.
History: En. Sec. 14, Ch. 208, L. 1939; amd. Sec. 2, Ch. 163, L. 1953; amd. Sec. 44, Ch. 253, L. 1974; R.C.M. 1947, 46-2314(part); amd. Sec. 18, Ch. 401, L. 1999; amd. Sec. 21, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 3. Organization, Administration, and Operation › 76-16-303. Voting rights

76-16-303. Voting rights.
Only permittee members in good standing as set forth in the state district bylaws are entitled to vote on all issues submitted to a vote of the members. Individuals or livestock producers who operate on temporary permits may not vote. A permittee member has only one vote. Voting by proxy may not be permitted unless clearly outlined procedures for proxy voting are incorporated into the state district bylaws.
History: En. Sec. 14, Ch. 208, L. 1939; amd. Sec. 2, Ch. 163, L. 1953; amd. Sec. 44, Ch. 253, L. 1974; R.C.M. 1947, 46-2314(part); amd. Sec. 19, Ch. 401, L. 1999; amd. Sec. 22, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 3. Organization, Administration, and Operation › 76-16-304. Effect of transfer of land

76-16-304. Effect of transfer of land.
When a member disposes of a part of the lands or leases owned by that member so that another person becomes the owner of the lands or leases and acquires the right to membership, then the rights and interest involved must be determined by the directors of the state district with the approval of the commission.
History: En. Sec. 14, Ch. 208, L. 1939; amd. Sec. 2, Ch. 163, L. 1953; amd. Sec. 44, Ch. 253, L. 1974; R.C.M. 1947, 46-2314(2); amd. Sec. 20, Ch. 401, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 3. Organization, Administration, and Operation › 76-16-305. Acquisition and disposal of property

76-16-305. Acquisition and disposal of property.
A state district may:
(1) purchase or market livestock and livestock products and purchase supplies and equipment. These supplies may include among other things grass, grass seed, or forage, whether attached to and upon or severed from the land.
(2) acquire forage-producing lands, including agricultural lands when necessary to comply with the purposes and directives of this chapter, by lease, purchase, cooperative agreements, or otherwise, either from the United States, the state of Montana, or the county or counties in which the lands are located or from private owners. All lands to which a state district may acquire title may be disposed of by exchange, sale, or otherwise.
(3) acquire or construct fences, reservoirs, or other facilities for the care of livestock and lease or purchase lands for such purposes.
History: En. Sec. 12, Ch. 208, L. 1939; amd. Sec. 42, Ch. 253, L. 1974; amd. Sec. 1, Ch. 22, L. 1977; R.C.M. 1947, 46-2312(1), (3), (5).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 3. Organization, Administration, and Operation › 76-16-306. Management of grazing lands

76-16-306. Management of grazing lands.
A state district may:
(1) manage and control the use of its range and agricultural lands acquired under 76-16-305(2). This power includes the right to determine the size of preferences and permit according to a fixed method which shall be stated in the bylaws and which shall take into consideration the rating of dependent commensurate property and the carrying capacity of the range and may be subject to reservations, regulations, and limitations under the terms of agreements between the state district and any agency of the United States. The state district may also allot range to members or nonmembers and decrease or increase the size of permits if the range carrying capacity changes.
(2) undertake reseeding and other approved conservation and improvement practices of depleted range areas or abandoned farm lands and enter into cooperative agreements with the federal government or any other person for the reseeding or conservation and improvement practices;
(3) employ and discharge employees, riders, and other persons necessary to properly manage the state district.
History: En. Sec. 12, Ch. 208, L. 1939; amd. Sec. 42, Ch. 253, L. 1974; amd. Sec. 1, Ch. 22, L. 1977; R.C.M. 1947, 46-2312(4), (8), (13); amd. Sec. 23, Ch. 266, L. 1979.