reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 2. Board of Land Commissioners › 77-1-235. Alternative rental market valuation -- open competitive bidding process -- rules

77-1-235. Alternative rental market valuation -- open competitive bidding process -- rules.
(1) (a) In order to establish full rental market value, the board shall establish an open competitive bidding process for all vacant cabin site properties. Except as provided in subsection (1)(c), the minimum bid must be initially set at 2% of the most recent cabin site appraisal value as determined by the department of revenue.
(b) (i) The board shall, within 180 days from the date that a cabin site property becomes vacant, put that site up for open competitive bidding.
(ii) In providing notice of the open competitive bidding process, the board shall notify prospective bidders that a bidder other than the current lessee or licensee is obligated to purchase the improvements pursuant to 77-1-208(4) if that bidder offers the highest bid.
(iii) A lease or license term for a bidder that offers the highest bid and acquires a lease or license must be for a minimum period of 15 years.
(iv) The fee for each subsequent year must be adjusted using the average annual consumer price index as published by the U.S. bureau of labor statistics.
(c) If pursuant to subsection (1)(a) the board does not receive the minimum bid within 180 days, the board may reduce the bid incrementally until a bid is received.
(2) Subject to 77-1-236, a lessee or licensee may voluntarily put the lessee's or licensee's cabin site up for open competitive bid as provided in subsection (1) of this section. A lessee choosing to voluntarily place a cabin site lease up for competitive bid is not entitled to a preference right to meet the high bid. Prior to the open competitive bidding process, the board shall follow the procedures provided in 77-1-208(3) to establish the market value of improvements.
(3) By January 1, 2012, the board shall adopt rules to ensure that:
(a) the open competitive bidding process authorized pursuant to this section is orderly and consistent with the board's constitutional fiduciary duties and that the number of leased cabin or home sites or city or town lots made available for competitive bid at any given time is consistent with the board's constitutional fiduciary duty of attaining full rental market value; and
(b) the information used to determine the rental market percentage pursuant to this section is posted on the department's website and periodically updated.
History: En. Sec. 1, Ch. 401, L. 2011.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 2. Board of Land Commissioners › 77-1-236. Rental market valuation lease program -- transition -- rules

77-1-236. Rental market valuation lease program -- transition -- rules.
(1) (a) Subject to subsection (2), the board shall offer all existing cabin site lessees or licensees the option of 15-year lease contracts based on the rental market valuation process provided in 77-1-235.
(b) (i) At least three winning bids made pursuant to 77-1-235 must be referenced against the most recent appraised value of the cabin site property by the department of revenue in order to establish a rental market percentage. All rental market percentages that have been determined pursuant to 77-1-235 must be grouped together by geographic location and averaged together to determine a final rental market percentage for each geographic location. If there are not three winning bids in any one geographic location, then three bids from similar locations may be averaged to establish a rental market percentage.
(ii) The final rental market percentage determined for each geographic location pursuant to this subsection (1)(b) must be applied to the department of revenue's most recent appraised value for each cabin site property in that location that did not go through the open competitive bidding process to determine the initial lease amount for each cabin site property.
(c) If no properties in a particular geographic location go through an open competitive bidding process, the most applicable comparable location, as determined based on professional appraisal standards, must be chosen and the final rental market percentage must be applied as provided in subsection (1)(b).
(2) The lease amount for the first year must be set as provided in subsection (1). The annual lease rental fee for each subsequent year must be adjusted using the average annual consumer price index as published by the U.S. bureau of labor statistics.
(3) By January 1, 2012, the board shall adopt rules for the orderly transition for cabin site lessees or licensees who have chosen the lease option pursuant to subsection (1) that is consistent with the board's constitutional fiduciary duty of attaining full rental market value.
(4) Nothing in this chapter prevents:
(a) an existing lessee or licensee from completing or renewing the lessee's or licensee's current lease or license based on existing methods of valuation as provided in 77-1-208; or
(b) a lessee or licensee that has abandoned a lease or license from bidding on the abandoned lease or license.
History: En. Sec. 2, Ch. 401, L. 2011.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 3. Department of Natural Resources and Conservation › 77-1-301. Powers and duties of the department

77-1-301. Powers and duties of the department.
(1) Under the direction of the board, the department has charge of the selecting, exchange, classification, appraisal, leasing, management, sale, or other disposition of the state lands. It shall perform such other duties the board directs, the purpose of the department demands, or the statutes require.
(2) It shall collect and receive all moneys payable to the state through its office as fees, rentals, royalties, interest, penalties, or payments on mortgages or lands purchased from the state or derived from any other source. It shall issue a receipt for each cash payment or whenever requested by the payer.
History: En. Sec. 8, Ch. 60, L. 1927; re-en. Sec. 1805.8, R.C.M. 1935; amd. Sec. 2, Ch. 26, L. 1971; Sec. 81-204, R.C.M. 1947; redes. 81-105 and amd. by Sec. 5, Ch. 428, L. 1973; R.C.M. 1947, 81-105.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 3. Department of Natural Resources and Conservation › 77-1-302. Setting fees

77-1-302. Setting fees.
The department may prescribe fees, with the approval of the board, for the issuance, filing, or making of a copy of any instrument or for any other service.
History: En. Sec. 120, Ch. 60, L. 1927; re-en. Sec. 1805.120, R.C.M. 1935; amd. Sec. 19, Ch. 121, L. 1965; amd. Sec. 11, Ch. 22, L. 1971; Sec. 81-1113, R.C.M. 1947; redes. 81-108 and amd. by Sec. 76, Ch. 428, L. 1973; R.C.M. 1947, 81-108.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 3. Department of Natural Resources and Conservation › 77-1-303. Refunding of money paid by mistake

77-1-303. Refunding of money paid by mistake.
If any money is erroneously paid to the state on any permit, lease, certificate of purchase, patent, loan, or in any other transaction, the department shall refund that money to the person entitled to it from the proper fund.
History: En. Sec. 116, Ch. 60, L. 1927; re-en. Sec. 1805.116, R.C.M. 1935; Sec. 81-1109, R.C.M. 1947; redes. 81-107 and amd. by Sec. 74, Ch. 428, L. 1973; R.C.M. 1947, 81-107.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 3. Department of Natural Resources and Conservation › 77-1-304. Selection and location of lands granted by United States

77-1-304. Selection and location of lands granted by United States.
Under the general direction of the board and as rapidly as the appropriations for the work will permit, the department shall select and locate all lands granted to this state by the United States for any purpose and not located by the grant itself. It shall also select and locate lands in lieu of all those lands in sections 16 and 36 and in the other federal land grants which for any reason have been lost to the state. All selections shall as far as possible be in legal subdivisions. In the selection and location of these lands, careful attention shall be given to the water available and which may be appropriated for these lands for domestic use, livestock, and irrigation.
History: En. Sec. 15, Ch. 60, L. 1927; re-en. Sec. 1805.15, R.C.M. 1935; amd. Sec. 7, Ch. 428, L. 1973; R.C.M. 1947, 81-301; amd. Sec. 1, Ch. 286, L. 1985.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 4. Classification of State Lands › 77-1-401. Classes of land

77-1-401. Classes of land.
The state lands are classified as follows:
(1) Class 1--lands which are principally valuable for grazing purposes;
(2) Class 2--lands which are principally valuable for the timber that is on them or for the growing of timber or for watershed protection;
(3) Class 3--lands which are principally valuable for the production of crops;
(4) Class 4--lands which are principally valuable for uses other than grazing, crop production, timber production, or watershed protection.
History: En. Sec. 16, Ch. 60, L. 1927; re-en. Sec. 1805.16, R.C.M. 1935; amd. Sec. 8, Ch. 428, L. 1973; amd. Sec. 1, Ch. 8, L. 1974; R.C.M. 1947, 81-302(1).
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 4. Classification of State Lands › 77-1-402. Basis for classification or reclassification

77-1-402. Basis for classification or reclassification.
(1) The classification or reclassification shall be so made as to place state land in the class which best accomplishes the powers and duties of the board as specified in 77-1-202 and 77-1-203. When state lands are classified or reclassified in accordance with these duties and responsibilities, special attention shall be paid to the capability of the land to support an actual or proposed land use authorized by each classification.
(2) It is the duty of the department to classify or reclassify state lands so that no state land will be sold, leased, or used under a different classification from that to which it actually belongs.
History: En. Sec. 16, Ch. 60, L. 1927; re-en. Sec. 1805.16, R.C.M. 1935; amd. Sec. 8, Ch. 428, L. 1973; amd. Sec. 1, Ch. 8, L. 1974; R.C.M. 1947, 81-302(part); amd. Sec. 6, Ch. 609, L. 1991.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 4. Classification of State Lands › 77-1-403. Capability inventory

77-1-403. Capability inventory.
A capability inventory shall be made prior to changing the classification of state lands. Such inventory shall include, when appropriate to the classification, information on soils capability, vegetation, wildlife use, mineral characteristics, public use, aesthetic values, cultural values, surrounding land use, and any other resource, zoning, or planning information which is related to the classification.
History: En. Sec. 16, Ch. 60, L. 1927; re-en. Sec. 1805.16, R.C.M. 1935; amd. Sec. 8, Ch. 428, L. 1973; amd. Sec. 1, Ch. 8, L. 1974; R.C.M. 1947, 81-302(part).
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 4. Classification of State Lands › 77-1-404. Records of state lands

77-1-404. Records of state lands.
All field books, plats, maps, and records of the department shall show the class to which each tract therein belongs and whether it belongs to the public schools of the state or to a state institution or other entity according to the grant or instrument by which title to the land has passed to the state. They shall also show whether or not the coal or other minerals in the land are reserved by the United States and shall contain any other information the department considers necessary.
History: En. Sec. 16, Ch. 60, L. 1927; re-en. Sec. 1805.16, R.C.M. 1935; amd. Sec. 8, Ch. 428, L. 1973; amd. Sec. 1, Ch. 8, L. 1974; R.C.M. 1947, 81-302(4).
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 4. Classification of State Lands › 77-1-405. Island parks established -- development limited

77-1-405. Island parks established -- development limited.
(1) In order to retain the integrity of the recreational experience associated with Montana's river and lake islands, development of undisputed state-owned or state-leased island property, which is hereby designated as island parks, including islands designated as state property under 70-18-203, lying within and surrounded by a navigable river, stream, or lake is limited, after April 30, 1997, to:
(a) the installation of minimal signage indicating that the island is a designated island park in which development has been limited and encouraging the public to help in maintaining the island park's primitive character by packing out trash;
(b) necessary latrine facilities if approved by the state parks and recreation board established in 2-15-3406;
(c) footings or pilings necessary for the construction of a bridge;
(d) oil and gas leasing; and
(e) development of a boat dock at Wild Horse Island state park.
(2) Improvements made to and agricultural operations on state-owned or state-leased island property prior to April 30, 1997, may be maintained or continued, but further development is limited as provided in this section.
(3) Notwithstanding the provisions of 77-1-203 regarding multiple-use management, the legislature finds that the highest and best use of island property administered as school trust land, except islands designated as natural areas pursuant to Title 76, chapter 12, is for recreation and grazing and that those islands should be left in as primitive a state as possible to protect from the loss of potential future revenue that could result from the failure to leave the islands in an undeveloped condition.
(4) For purposes of this section, state ownership or state lease of island property is disputed if the dispute arises before, on, or after April 30, 1997.
History: En. Sec. 1, Ch. 449, L. 1997; amd. Sec. 22, Ch. 235, L. 2013; amd. Sec. 1, Ch. 5, L. 2015.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 5. State Land Equalization (Repealed) › 77-1-501. Repealed

77-1-501. Repealed.
Sec. 2, Ch. 144, L. 2017.
History: En. Sec. 1, Ch. 235, L. 1967; amd. Sec. 54, Ch. 391, L. 1973; amd. Sec. 77, Ch. 428, L. 1973; R.C.M. 1947, 81-1115; amd. Sec. 140, Ch. 27, Sp. L. November 1993.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 5. State Land Equalization (Repealed) › 77-1-502. Repealed

77-1-502. Repealed.
Sec. 2, Ch. 144, L. 2017.
History: En. Sec. 2, Ch. 235, L. 1967; amd. Sec. 55, Ch. 391, L. 1973; R.C.M. 1947, 81-1116; amd. Sec. 200, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 5. State Land Equalization (Repealed) › 77-1-503. Repealed

77-1-503. Repealed.
Sec. 2, Ch. 144, L. 2017.
History: En. Sec. 3, Ch. 235, L. 1967; amd. Sec. 56, Ch. 391, L. 1973; amd. Sec. 78, Ch. 428, L. 1973; R.C.M. 1947, 81-1117; amd. Sec. 141, Ch. 27, Sp. L. November 1993; amd. Sec. 201, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 5. State Land Equalization (Repealed) › 77-1-504. Repealed

77-1-504. Repealed.
Sec. 2, Ch. 144, L. 2017.
History: En. Sec. 4, Ch. 235, L. 1967; amd. Sec. 57, Ch. 391, L. 1973; amd. Sec. 79, Ch. 428, L. 1973; R.C.M. 1947, 81-1118; amd. Sec. 142, Ch. 27, Sp. L. November 1993; amd. Sec. 202, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 5. State Land Equalization (Repealed) › 77-1-505. Repealed

77-1-505. Repealed.
Sec. 253, Ch. 574, L. 2001.
History: En. Sec. 5, Ch. 235, L. 1967; amd. Sec. 80, Ch. 428, L. 1973; R.C.M. 1947, 81-1119; amd. Sec. 57, Ch. 422, L. 1997.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 5. State Land Equalization (Repealed) › 77-1-506. Repealed

77-1-506. Repealed.
Sec. 253, Ch. 574, L. 2001.
History: En. Sec. 6, Ch. 235, L. 1967; R.C.M. 1947, 81-1120.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 5. State Land Equalization (Repealed) › 77-1-507. Repealed

77-1-507. Repealed.
Sec. 253, Ch. 574, L. 2001.
History: En. Sec. 7, Ch. 235, L. 1967; amd. Sec. 81, Ch. 428, L. 1973; R.C.M. 1947, 81-1121.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 5. State Land Equalization (Repealed) › 77-1-508. Repealed

77-1-508. Repealed.
Sec. 1, Ch. 214, L. 1979.
History: En. Sec. 9, Ch. 60, L. 1927; re-en. Sec. 1805.9, R.C.M. 1935; Sec. 81-205, R.C.M. 1947; redes. 81-1122 and amd. by Sec. 6, Ch. 428, L. 1973; R.C.M. 1947, 81-1122.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 6. Development of State Lands › 77-1-601. Statement of policy

77-1-601. Statement of policy.
It is in the best interest and to the great advantage of the state of Montana to seek the highest development of state-owned lands in order that they might be placed to their highest and best use and thereby derive greater revenue for the support of the common schools, the university system, and other institutions benefiting therefrom, and that in so doing the economy of the local community as well as the state is benefited as a result of the impact of such development.
History: En. Sec. 1, Ch. 295, L. 1967; R.C.M. 1947, 81-2401.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 6. Development of State Lands › 77-1-602. Repealed

77-1-602. Repealed.
Sec. 26, Ch. 465, L. 2009.
History: En. Sec. 2, Ch. 295, L. 1967; amd. Sec. 106, Ch. 428, L. 1973; R.C.M. 1947, 81-2402; amd. Sec. 36, Ch. 281, L. 1983; amd. Sec. 5, Ch. 14, Sp. L. January 1992; amd. Sec. 31, Ch. 34, L. 2001; amd. Sec. 6, Ch. 247, L. 2007.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 6. Development of State Lands › 77-1-603. Rules

77-1-603. Rules.
The board shall adopt such rules as it considers necessary and proper for the purpose of carrying out the provisions of this part.
History: En. Sec. 8, Ch. 295, L. 1967; amd. Sec. 112, Ch. 428, L. 1973; R.C.M. 1947, 81-2408.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 6. Development of State Lands › 77-1-604. Repealed

77-1-604. Repealed.
Sec. 26, Ch. 465, L. 2009.
History: En. Sec. 3, Ch. 295, L. 1967; amd. Sec. 107, Ch. 428, L. 1973; R.C.M. 1947, 81-2403(part); amd. Sec. 1, Ch. 277, L. 1983.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 6. Development of State Lands › 77-1-605. Types of resource developments

77-1-605. Types of resource developments.
(1) The developments contemplated by this part may include those projects that will develop or conserve the various state land resources, including water, both surface and underground, grazing land, agricultural land, timber land, and other land to the benefit of the state. They may also include expenses necessary to perfect title to lands claimed by the state that are suitable for development and other expenses or costs that in the judgment of the board are desirable or necessary in order to develop or increase the value of the land or the revenue from the land.
(2) The department may use funds appropriated from the trust land administration account provided for in 77-1-108 for the purposes of subsection (1).
History: En. Sec. 3, Ch. 295, L. 1967; amd. Sec. 107, Ch. 428, L. 1973; R.C.M. 1947, 81-2403(part); amd. Sec. 11, Ch. 465, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 6. Development of State Lands › 77-1-606. Repealed

77-1-606. Repealed.
Sec. 26, Ch. 465, L. 2009.
History: En. Sec. 4, Ch. 295, L. 1967; amd. Sec. 1, Ch. 180, L. 1973; amd. Sec. 108, Ch. 428, L. 1973; R.C.M. 1947, 81-2404; amd. Sec. 2, Ch. 533, L. 1993; amd. Sec. 7, Ch. 247, L. 2007.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 6. Development of State Lands › 77-1-607. Repealed

77-1-607. Repealed.
Sec. 26, Ch. 465, L. 2009.
History: En. Sec. 5, Ch. 295, L. 1967; amd. Sec. 109, Ch. 428, L. 1973; R.C.M. 1947, 81-2405; amd. Sec. 3, Ch. 533, L. 1993; amd. Sec. 1, Ch. 247, L. 1997.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 6. Development of State Lands › 77-1-608. Repealed

77-1-608. Repealed.
Sec. 26, Ch. 465, L. 2009.
History: En. Sec. 6, Ch. 295, L. 1967; amd. Sec. 110, Ch. 428, L. 1973; R.C.M. 1947, 81-2406; amd. Sec. 4, Ch. 533, L. 1993.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 6. Development of State Lands › 77-1-609. Repealed

77-1-609. Repealed.
Sec. 26, Ch. 465, L. 2009.
History: En. Sec. 7, Ch. 295, L. 1967; amd. Sec. 111, Ch. 428, L. 1973; R.C.M. 1947, 81-2407.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 6. Development of State Lands › 77-1-613. Administrative costs associated with sale of timber from state trust lands

77-1-613. Administrative costs associated with sale of timber from state trust lands.
(1) The department may use funds appropriated from the trust land administration account provided for in 77-1-108 for timber sale preparation, documentation, administration, and contract harvesting costs.
(2) In order to increase the volume of timber sold at the earliest possible time while continuing to meet the requirements of applicable state and federal laws and in order to avoid unnecessary delays and extra costs that would result from increasing its permanent staff, the department may contract for services that will enable achievement of the purposes of this section and that will achieve the highest net return to the trusts.
(3) To maximize overall return to the trusts, the timely salvage of timber must be considered. However, salvage timber sales may not adversely affect the implementation of green timber sales programs conducted pursuant to 77-5-201.
History: En. Sec. 1, Ch. 533, L. 1993; amd. Sec. 1, Ch. 157, L. 1995; amd. Sec. 8, Ch. 247, L. 2007; amd. Sec. 7, Ch. 494, L. 2007; amd. Sec. 12, Ch. 465, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 6. Development of State Lands › 77-1-617. Management of isolated trust lands -- reciprocal access

77-1-617. Management of isolated trust lands -- reciprocal access.
(1) To facilitate the management of isolated tracts of all classifications of state lands, the department may negotiate reciprocal access agreements that may include easements. For an easement granted pursuant to this subsection, the board may waive all or a portion of the survey requirements of 77-2-102, subject to any conditions that the board may impose.
(2) In granting access, the department is not required to analyze or consider the potential impacts of activities that may occur on private or federal lands in conjunction with or as a result of granting access.
History: En. Sec. 1, Ch. 182, L. 1999.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 7. Ownership Records of State-Owned Land › 77-1-701. Definitions

77-1-701. Definitions.
When used in this part, unless a different meaning clearly appears from the context, the following definitions apply:
(1) "Ownership record" means the original deed, abstract, and any other instrument signifying state ownership or other interest in real property.
(2) "State agency" means any board, bureau, department, commission, or officer of the state.
(3) "State land" means land held, possessed, or administered by the state by virtue of fee simple title, grant, or deed. This term does not include:
(a) land acquired through investments under the provisions of 17-6-201;
(b) land used by virtue of an interest temporary in nature, such as a lease, license, or permit; or
(c) land used for easements and rights-of-way.
History: En. Sec. 1, Ch. 467, L. 1987; amd. Sec. 3, Ch. 32, L. 1997.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 7. Ownership Records of State-Owned Land › 77-1-702. Transfer of records

77-1-702. Transfer of records.
The secretary of state shall transfer all ownership records on file in the secretary of state's office to the department. The department shall transfer the records of land held or administered by the department of transportation for highway rights-of-way and maintenance to the department of transportation and any remaining ownership records, other than those of state lands, to the state agency administering the interest or property described in the records.
History: En. Sec. 2, Ch. 467, L. 1987; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 2541, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 7. Ownership Records of State-Owned Land › 77-1-703. Filing of ownership records

77-1-703. Filing of ownership records.
Except as provided in 77-1-706, state agencies shall file with the department ownership records of state lands held by the agency.
History: En. Sec. 3, Ch. 467, L. 1987.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 7. Ownership Records of State-Owned Land › 77-1-704. Department to maintain repository

77-1-704. Department to maintain repository.
The department shall provide a secure yet accessible repository for the ownership records of state land.
History: En. Sec. 4, Ch. 467, L. 1987.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 7. Ownership Records of State-Owned Land › 77-1-705. Index and verification of ownership records

77-1-705. Index and verification of ownership records.
(1) The department shall establish and maintain a filing system and index of the following information on state land:
(a) legal description of the land;
(b) when the land was acquired or disposed of;
(c) name of the state agency administering or disposing of the land; and
(d) name of the grantor or grantee.
(2) To the extent feasible within available funding and personnel, the department shall:
(a) verify the accuracy of information contained in the ownership records; and
(b) perfect title to state land whenever necessary.
History: En. Sec. 5, Ch. 467, L. 1987.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 7. Ownership Records of State-Owned Land › 77-1-706. Treatment of highway lands

77-1-706. Treatment of highway lands.
The department of transportation is not required to file with the department records of land used for highway rights-of-way and maintenance but is required to file with the department ownership records of state land held for administrative purposes.
History: En. Sec. 6, Ch. 467, L. 1987; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 316, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 7. Ownership Records of State-Owned Land › 77-1-707. Rules

77-1-707. Rules.
The department may adopt rules for implementing and administering this part concerning transfer and filing of ownership records.
History: En. Sec. 7, Ch. 467, L. 1987; amd. Sec. 317, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 8. Recreational Use of State Lands › 77-1-801. Recreational use license required to use state lands for general recreational purposes -- penalty -- exemption

77-1-801. (Temporary) Recreational use license required to use state lands for general recreational purposes -- penalty -- exemption.
(1) Except as provided in subsection (2), a person 12 years of age or older shall obtain an annual recreational use license pursuant to 77-1-802 to use state lands, as defined in 77-1-101, for general recreational purposes.
(2) If the department and the department of fish, wildlife, and parks consent to and sign an agreement for general recreational use pursuant to 77-1-815, a person is only required to obtain a conservation license for general recreational use of legally accessible state trust land.
(3) A person shall, on the request of a peace officer or fish and game warden, present for inspection the person's conservation license.
(4) A person found in violation of this section pertaining to the use of state trust land:
(a) for a first offense, shall be given a warning;
(b) for a second offense, is guilty of a misdemeanor and shall be fined not less than twice the cost of a conservation license; and
(c) for a third offense, is guilty of a misdemeanor and shall be fined not more than $500. (Void on occurrence of contingency--sec. 8, Ch. 596, L. 2003.)
77-1-801. (Effective on occurrence of contingency) Recreational use license required to use state lands for general recreational purposes -- penalty.
(1) A person 12 years of age or older shall obtain an annual recreational use license pursuant to 77-1-802 to use state lands, as defined in 77-1-101, for general recreational purposes.
(2) A person shall, upon the request of a peace officer or fish and game warden, present for inspection the person's recreational use license.
(3) A person found in violation of subsection (1) or (2) pertaining to the use of state trust land:
(a) for first offense, shall be given a warning;
(b) for second offense, is guilty of a misdemeanor and shall be fined not less than twice the cost of a recreational use license; and
(c) for a third offense, is guilty of a misdemeanor and shall be fined not more than $500.
History: En. Sec. 11, Ch. 609, L. 1991; amd. Sec. 4, Ch. 596, L. 2003; amd. Sec. 2542, Ch. 56, L. 2009; amd. Sec. 5, Ch. 507, L. 2023.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 8. Recreational Use of State Lands › 77-1-802. Recreational use -- fee

77-1-802. (Temporary) Recreational use -- fee.
(1) The fee for general recreational use on state trust land must attain full market value whether the license is sold pursuant to 77-1-801 or under an agreement with the department of fish, wildlife, and parks as provided in 77-1-815.
(2) Money received by the department for general recreational use of state lands must be credited as follows:
(a) Except as provided in subsection (2)(b), fees must be apportioned on a pro rata basis to the land trusts, in proportion to the respective trust's percentage of acreage in the total acreage of all state land trusts.
(b) Revenue from recreational use license fees, less 50 cents from the fee for each license that must be returned to the license dealer as a commission, is distributable revenue and must be deposited pursuant to 77-1-109 and used to pay for administrative costs as provided in 77-1-108.
(3) The department may contract with the department of fish, wildlife, and parks for the distribution and sale of recreational use licenses through the license agents appointed by and the administrative offices of the department of fish, wildlife, and parks and in accordance with the provisions of Title 87, chapter 2, part 9. (Void on occurrence of contingency--sec. 8, Ch. 596, L. 2003.)
77-1-802. (Effective on occurrence of contingency) Recreational use license -- fee.
(1) The fee for a recreational use license must attain full market value.
(2) Money received by the department for general recreational use of state lands must be credited as follows:
(a) Except as provided in subsection (2)(b), fees must be apportioned on a pro rata basis to the land trusts, in proportion to the respective trust's percentage contribution to the total acreage of all state land trusts.
(b) Revenue from recreational use license fees, less 50 cents from the fee for each license that must be returned to the license dealer as a commission, is distributable revenue and must be deposited pursuant to 77-1-109 and used to pay for administrative costs as provided in 77-1-108.
(3) The department may contract with the department of fish, wildlife, and parks for the distribution and sale of recreational use licenses through the license agents appointed by and the administrative offices of the department of fish, wildlife, and parks and in accordance with the provisions of Title 87, chapter 2, part 9.
History: En. Sec. 12, Ch. 609, L. 1991; amd. Sec. 2, Ch. 586, L. 1993; amd. Sec. 5, Ch. 596, L. 2003; amd. Sec. 13, Ch. 465, L. 2009; amd. Sec. 6, Ch. 507, L. 2023.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 8. Recreational Use of State Lands › 77-1-805. Liability of state and lessee

77-1-805. Liability of state and lessee.
(1) The provisions of 70-16-302 that limit the liability of a landowner or the landowner's tenant for the recreational use of property apply to the state and any lessee of state lands used for general recreational purposes.
(2) The lessee is not responsible for the suppression of or for damages resulting from a fire on the leased land caused by a general recreational user, except that a lessee who observes a fire caused by a general recreational user shall make reasonable efforts to suppress the fire or report it to the proper firefighting authority.
History: En. Sec. 14, Ch. 609, L. 1991; amd. Sec. 2543, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 8. Recreational Use of State Lands › 77-1-806. Prior notification to lessee of recreational use -- trespass -- penalty

77-1-806. Prior notification to lessee of recreational use -- trespass -- penalty.
(1) If a lessee of state lands under this part desires to be notified prior to anyone entering upon the leasehold, the lessee shall post, at customary access points, signs provided or authorized by the department. The signs must set forth the lessee's or the lessee's agent's name, address, telephone number, and method of notification. The lessee or the lessee's agent must be available to receive notice from recreational users or provide an alternative means for notice as prescribed by rule. When state land is posted, recreational users shall contact and identify themselves to the lessee or the lessee's agent for the purposes of minimizing impact upon the leasehold interest and learning the specific boundaries of adjacent unfenced private property.
(2) Each recreational user of state lands shall obtain permission of the lessee or the lessee's agent before entering the adjacent private property owned by the lessee. Entry to private property from adjacent state lands without permission of the landowner or the landowner's agent is an absolute liability offense. A violator of this subsection is guilty of a misdemeanor and shall be fined not less than $50 or more than $500 or imprisoned in the county jail for not more than 6 months, or both.
(3) A person may be found guilty of the offense described in subsection (2) regardless of the absence of fencing or failure to post a notice in accordance with 45-6-201.
(4) The use of a ford or crossing on a navigable river or stream by the adjacent landowner may not be considered a trespass for the purposes of this section.
History: En. Sec. 15, Ch. 609, L. 1991; amd. Sec. 2544, Ch. 56, L. 2009; amd. Sec. 9, Ch. 472, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 8. Recreational Use of State Lands › 77-1-808. State lands recreational use

77-1-808. (Temporary) State lands recreational use.
Money appropriated for the purpose of managing recreational use of state lands must be used by the department for the following purposes:
(1) compensation pursuant to 77-1-809 for damage to the improvements of leases that has been proved to be caused by recreational users;
(2) assistance in weed control management necessary as a result of recreational use of state lands;
(3) protection of the resource value of the trust assets;
(4) administration and management for the implementation of recreational use of state lands; and
(5) maintenance of roads necessary for public recreational use of state trust land. (Void on occurrence of contingency--sec. 8, Ch. 596, L. 2003.)
77-1-808. (Effective on occurrence of contingency) State lands recreational use.
Money appropriated for the purpose of managing recreational use of state lands must be used by the department for the following purposes:
(1) compensation pursuant to 77-1-809 for damage to the improvements of leases that has been proved to be caused by recreational users;
(2) assistance in weed control management necessary as a result of recreational use of state lands;
(3) protection of the resource value of the trust assets; and
(4) administration and management for the implementation of recreational use of state lands.
History: En. Sec. 16, Ch. 609, L. 1991; amd. Sec. 68, Ch. 509, L. 1995; amd. Sec. 1, Ch. 117, L. 2001; amd. Sec. 6, Ch. 596, L. 2003; amd. Sec. 14, Ch. 465, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 8. Recreational Use of State Lands › 77-1-809. Compensation for damage to improvements, growing crops, or livestock

77-1-809. Compensation for damage to improvements, growing crops, or livestock.
A lessee may apply to the department for reimbursement of documented costs of repair to or replacement of improvements, growing crops, or livestock damaged by recreational users of state lands. For the purpose of this section, improvements include the structures described in 77-1-134. The application must include an affidavit by the applicant setting forth the nature of the loss, allegations and reasonable proof supporting the involvement of recreational users, and documentation of repair or replacement costs. Upon review of the application and supporting proof and upon additional investigation as required, the department shall grant, modify, or deny the claim. The department, by reason of payment to the lessee for damage to improvements, is entitled to be subrogated to the rights of the lessee to recover the amount paid from the party causing the damage. Payments under this section must be made from appropriations from the trust land administration account established by 77-1-108, and the liability of the department for damage payments is limited to 10% of revenue received from the recreational use fee and deposited in the account. Claim applications are to be considered in the order they are received.
History: En. Sec. 17, Ch. 609, L. 1991; amd. Sec. 69, Ch. 509, L. 1995; amd. Sec. 15, Ch. 465, L. 2009; amd. Sec. 10, Ch. 472, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 8. Recreational Use of State Lands › 77-1-810. Weed control management

77-1-810. Weed control management.
(1) The department shall establish a weed control management program for the control of noxious weeds reasonably proved to be caused by the recreational use of state lands. The department may by rule establish a noxious weed management program that may include direct compensation for noxious weed control activities or participation in district and county weed control projects or department-initiated weed control activities.
(2) Funding for this program must come from appropriations from the trust land administration account provided for in 77-1-108.
History: En. Sec. 18, Ch. 609, L. 1991; amd. Sec. 70, Ch. 509, L. 1995; amd. Sec. 16, Ch. 465, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 8. Recreational Use of State Lands › 77-1-815. Agreement for general recreational use on legally accessible state trust land

77-1-815. (Temporary) Agreement for general recreational use on legally accessible state trust land.
(1) The board is authorized to enter into an agreement with the department of fish, wildlife, and parks to compensate state trust land beneficiaries for the use and impacts associated with general recreational uses as defined in 77-1-101 on legally accessible state trust land as defined in 77-1-101. The department may impose restrictions it considers necessary to coordinate the uses of state trust land or to preserve the purposes of the various trust lands. General recreational uses as defined in 77-1-101 on state trust land must be conducted in accordance with rules and provisions provided in this part.
(2) An agreement may be entered into with the department of fish, wildlife, and parks for a term of up to 10 years. Through this agreement, the board shall recover for the beneficiaries of the trust the full market value for the use and impacts associated with general recreational use on trust land, as defined in 77-1-101 The department may use funds appropriated from the trust land administration account provided for in 77-1-108 to implement and manage the agreement. Except as provided for in 17-7-304, any unexpended amount in the account that resulted from recreational use fees must be apportioned on a pro rata basis to the land trusts, in proportion to the respective trust's percentage of acreage in the total acreage of all state land trusts.
(3) Any agreement entered into is subject to the following conditions:
(a) The department maintains sole discretion, throughout the term of the agreement, with regard to identifying legally accessible parcels, coordinating uses on state trust land, and making any other necessary state trust land management decisions.
(b) An agreement between the department and the department of fish, wildlife, and parks may not convey any additional authority to the department of fish, wildlife, and parks. (Void on occurrence of contingency--sec. 8, Ch. 596, L. 2003.)
History: En. Sec. 1, Ch. 596, L. 2003; amd. Sec. 17, Ch. 465, L. 2009; amd. Sec. 8, Ch. 507, L. 2023.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 8. Recreational Use of State Lands › 77-1-820. Reporting requirements

77-1-820. Reporting requirements.
(1) On or before September 1 of each year preceding the convening of a regular session of the legislature, the department shall provide a report to the environmental quality council in accordance with 5-11-210.
(2) The report must include:
(a) existing road closures and restrictions on state lands;
(b) anticipated road closures and restrictions on state lands; and
(c) ongoing travel management planning on state lands or foreseeable travel management planning by the department or by the department in conjunction with federal agencies conducting travel management planning that may impact state lands.
History: En. Sec. 2, Ch. 394, L. 2015.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 9. Commercial Leasing of State Trust Land › 77-1-901. Declaration of policy and purpose

77-1-901. Declaration of policy and purpose.
(1) Pursuant to Article X of the Montana constitution, the legislature declares that it is the policy of the state that state trust land is to be treated as a sacred trust and is subject to fiduciary principles in its management. It is the intent of the legislature that state trust land be managed in the best financial interest of current and future individual beneficiaries for whom this land is managed and held.
(2) A purpose of this chapter is to implement Article X of the Montana constitution. To fulfill its commitment to the management of state trust land in the best long-term financial interests of the beneficiaries, the Montana legislature finds that the state can prudently maximize the long-term revenue accruing to the beneficiaries by issuing commercial leases on land where the chief value exists in its use for commercial purposes.
History: En. Sec. 1, Ch. 404, L. 2003.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 9. Commercial Leasing of State Trust Land › 77-1-902. Definitions

77-1-902. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Cancellation" means the cessation of a lessee's possessory rights and privileges under a lease due to the lessee's breach of some term of the lease, applicable statutes, or applicable administrative rules.
(2) "Commercial lease" means a contract to use state trust land for a commercial purpose.
(3) (a) "Commercial purpose" means an industrial enterprise, retail sales outlet, business and professional office building, warehouse, motel, hotel, hospitality enterprise, commercial or concentrated recreational use, multifamily residential development, and other similar business.
(b) The term does not include the following uses:
(i) agriculture;
(ii) grazing;
(iii) exploration or development of oil and gas, minerals, and resources from geothermal, wind, or solar;
(iv) single-family residences, home sites, and cabin sites; and
(v) utility rights-of-way.
(4) "Land value" is the monetary value of the land determined by an appraisal by a certified general appraiser or a department staff appraiser or by a limited valuation.
(5) "Limited valuation" means estimating the land value of commercial lease land by analyzing comparable land valuations conducted within 2 years of the lease commencement date as provided by real estate appraisers, local tax assessors, local realtors, an evaluation of local market rents, or a combination of those methods.
(6) "Termination" means the automatic completion or ending of the term of a contract according to its provisions. Upon termination, the lessee ceases to have any possessory rights or privileges under a lease.
History: En. Sec. 2, Ch. 404, L. 2003; amd. Sec. 1, Ch. 412, L. 2017; amd. Sec. 1, Ch. 313, L. 2021.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 9. Commercial Leasing of State Trust Land › 77-1-903. Authority of board to determine development

77-1-903. Authority of board to determine development.
The board shall determine how the development of state trust land for commercial purposes is to proceed before any state trust land is offered for lease. In making this determination, the board may consider the following factors:
(1) the purpose of any development or development plan;
(2) the allocation and location of specific uses of the land, including residential, commercial, industrial, recreational, or other appropriate uses;
(3) the densities and intensities of designated land uses;
(4) the timing and rate of development; and
(5) the timely delivery of adequate facilities and services, including water, wastewater collection and treatment systems, parks and public recreational facilities, drainage facilities, school sites, roads, and transportation facilities.
History: En. Sec. 3, Ch. 404, L. 2003.