reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 77. State Lands › Chapter 2. Transfers and Reservations of Property Interests › Part 3. Sales › 77-2-366. Land banking and state land cabin and home sites -- reports to environmental quality council

77-2-366. Land banking and state land cabin and home sites -- reports to environmental quality council.
(1) (a) The department shall provide a biennial report in accordance with 5-11-210 to the environmental quality council that describes the results of the land banking program in detail.
(b) At a minimum, the report must summarize the sale and purchase transactions made through the program by type, location, acreage, value, and trust beneficiary. The environmental quality council shall make any recommendations that it determines necessary regarding the implementation of the state land banking process, including recommendations for legislation.
(2) Because it is the legislature's intent that the board implement the provisions of 77-2-318(1) in a timely manner, the department, in consultation with the appropriate stakeholders, shall annually report to the environmental quality council in accordance with 5-11-210 by providing a summary of land sales of those lands that were state land cabin or home sites pursuant to 77-2-318 and efforts by the department to comply with the requirements of 77-2-318(1).
History: En. Sec. 16, Ch. 355, L. 2003; amd. Sec. 3, Ch. 396, L. 2007; amd. Sec. 2, Ch. 209, L. 2009; amd. Sec. 5, Ch. 422, L. 2013; amd. Sec. 108, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 2. Transfers and Reservations of Property Interests › Part 3. Sales › 77-2-367. Road easements on state lands

77-2-367. Road easements on state lands.
County roads or easements for county roads on lands purchased from the state of Montana are subject to the provisions of Title 7, chapter 14, part 26, regarding the establishment, alteration, or abandonment of county roads.
History: En. Sec. 17, Ch. 355, L. 2003.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 2. Transfers and Reservations of Property Interests › Part 4. Transfer of Federal Land or Easements › 77-2-401. Sale or transfer of federal land -- when hearing required

77-2-401. Sale or transfer of federal land -- when hearing required.
(1) Prior to the sale or transfer of land in the state that is owned or controlled by an agency of the United States government, the director of the department shall determine whether there would be any impact on the management of state lands, on agricultural, wildlife, or recreational resources of the state, or on the cost of government services provided by the state, by any school district, or by any county, city, or other local government unit because of the sale or transfer.
(2) If the director determines under subsection (1) that there would be an adverse impact and that a hearing or public meeting has not been or will not be conducted by a federal agency to provide an opportunity for expression of public opinion regarding the proposed sale or transfer and that further public input would be desirable, the director shall hold a public hearing prior to the sale or transfer in order to provide the opportunity for the expression of public sentiment regarding the proposed disposition of federal land.
(3) If a hearing will be conducted by a federal agency on the proposed sale or transfer of federal land within the state, the director shall require the attendance of a representative of the department for the purposes of fulfilling the requirements of 77-2-403.
(4) The sale or transfer of easements by an agency of the United States government and the transfer of land by the United States to the state of Montana in satisfaction of land owed to the state pursuant to The Enabling Act are exempt from the operation of this section.
History: En. Sec. 1, Ch. 670, L. 1983; amd. Sec. 323, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 2. Transfers and Reservations of Property Interests › Part 4. Transfer of Federal Land or Easements › 77-2-402. Hearing requirements

77-2-402. Hearing requirements.
Any hearing required under 77-2-401 must be held in a county in which the land involved in the proposed sale or transfer is located and must be held according to procedural rules that must be adopted by the director of the department in accordance with the Montana Administrative Procedure Act.
History: En. Sec. 2, Ch. 670, L. 1983; amd. Sec. 285, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 2. Transfers and Reservations of Property Interests › Part 4. Transfer of Federal Land or Easements › 77-2-403. Action by director

77-2-403. Action by director.
The director of the department shall take action that the director considers appropriate, consistent with federal jurisdiction, to address concerns and issues raised during the hearing. The action may include but is not limited to:
(1) the filing of formal requests for action by the appropriate federal agency that would alleviate concerns expressed at the hearing;
(2) the filing of a formal protest to the proposed sale or transfer.
History: En. Sec. 3, Ch. 670, L. 1983; amd. Sec. 286, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 1. Prospecting Permits and Mining Leases › 77-3-101. Definitions

77-3-101. Definitions.
In this part the following definitions apply:
(1) "Full market value" means the highest net value of products of mining operations in United States markets, less cost of transportation and refining, not including as a deduction any cost of producing or treating at the mine.
(2) "Gems" means sapphires, rubies, and other stones commonly known as "precious stones" or "semiprecious stones", but does not mean stones or other earth materials commonly used in building or construction work.
(3) "Metalliferous minerals" means gold, silver, lead, zinc, copper, platinum, iron, and all other metallic minerals.
(4) "Mining" means the carrying on of operations of any kind for the purpose of extracting from the earth ore and other earth material containing metalliferous minerals or gems and includes operations of any kind for the extraction from ores and other earth material of metalliferous minerals or gems.
(5) "Mining lease" means a lease issued by the board for the prospecting for or mining of metalliferous minerals or gems.
(6) "Mining lessee" means the holder of a mining lease whether the holder is the original lessee under the lease or holds the lease as successor of the original lessee.
(7) "Returns" means the net amount received by the shipper from products of mining operations after deducting transportation costs, smelting charges and deductions, and other treatment costs, not including as a deduction any cost of producing or treating at the mine.
History: En. Sec. 1, Ch. 148, L. 1937; amd. Sec. 35, Ch. 428, L. 1973; R.C.M. 1947, 81-601.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 1. Prospecting Permits and Mining Leases › 77-3-102. Mining leases authorized

77-3-102. Mining leases authorized.
(1) The board may, in its discretion and subject to the other provisions of this part, lease state lands, including the beds of navigable streams and the beds of navigable bodies of water and the reserved mineral rights of the state in lands sold or leased by the state, to any person, association, or corporation for the purpose of prospecting for or mining metalliferous minerals or gems.
(2) These leases may be for a period of time determined by the board, subject to limitations contained in the grants by which the state has acquired title to lands or mineral rights so leased.
(3) Leases issued under this part must give the lessee, so long as the lessee complies with the terms and conditions of the lease, the exclusive right of possession of the lands or mineral rights leased, subject to any reservations contained in the leases.
(4) In making the leases, the board may exercise business discretion as long as this part is not violated.
History: (1), (2)En. Sec. 2, Ch. 148, L. 1937; amd. Sec. 36, Ch. 428, L. 1973; Sec. 81-602, R.C.M. 1947; (3),(4)En. Sec. 3, Ch. 148, L. 1937; amd. Sec. 1, Ch. 205, L. 1947; amd. Sec. 37, Ch. 428, L. 1973; Sec. 81-603, R.C.M. 1947; R.C.M. 1947, 81-602, 81-603(part); amd. Sec. 2554, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 1. Prospecting Permits and Mining Leases › 77-3-103. Prospecting permits authorized

77-3-103. Prospecting permits authorized.
Prospecting permits without lease may be issued by the board upon the payment of the issuance fee under 77-1-302. The permittee shall also pay an annual fee established by the department and approved by the board at the end of each year during the life of the permit. A permit shall provide for due diligence in the work of prospecting during the life of the permit.
History: En. Sec. 15, Ch. 148, L. 1937; amd. Sec. 9, Ch. 22, L. 1971; Sec. 81-615, R.C.M. 1947; redes. 81-601.1 and amd. by Sec. 47, Ch. 428, L. 1973; R.C.M. 1947, 81-601.1(part).
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 1. Prospecting Permits and Mining Leases › 77-3-104. Notice of permit or lease approval

77-3-104. Notice of permit or lease approval.
Upon the approval of an application for a prospecting permit or a mining lease under this part, the department shall promptly give written notice, by ordinary mail, to the permittee or lessee and to any holder of an agricultural or grazing lease embracing the same land or to any holder of a certificate of purchase or patent embracing the same land. The notice must be addressed to the permittee, mining lessee, agricultural or grazing lessee, purchaser, or patentee at the person's last-known post-office address.
History: En. Sec. 16, Ch. 148, L. 1937; amd. Sec. 48, Ch. 428, L. 1973; R.C.M. 1947, 81-616; amd. Sec. 2555, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 1. Prospecting Permits and Mining Leases › 77-3-105. Assignment of leases or permits

77-3-105. Assignment of leases or permits.
In case of the assignment of a mining lease or a prospecting permit by the holder thereof, the mining lessee or permittee executing the assignment is not relieved of any responsibility for operations under the lease or prospecting permit until:
(1) the financial and moral responsibility of the assignee has been approved by the board; and
(2) there is deposited with the department:
(a) the assignment or an executed copy thereof;
(b) an instrument executed by the sureties upon any bonds then held by the board in connection with the mining lease or permit and then in force, consenting to the assignment and containing the agreement of the sureties to be bound by the bonds under the assignment or new bonds conforming to all the requirements of 77-3-119; and
(c) a fee prescribed under 77-1-302.
History: En. Sec. 13, Ch. 148, L. 1937; amd. Sec. 8, Ch. 22, L. 1971; amd. Sec. 45, Ch. 428, L. 1973; R.C.M. 1947, 81-613.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 1. Prospecting Permits and Mining Leases › 77-3-106. Disposition of royalties, fees, and penalties

77-3-106. Disposition of royalties, fees, and penalties.
All fees and penalties collected under this part shall be credited to the state general fund; all rentals shall be credited to the income fund of the grant to which the land belongs; and all moneys collected as royalties shall be credited to the permanent fund arising from the grant to which the land belongs under each particular permit or lease; provided, however, that all rentals and royalties received from "mortgage lands" shall be credited to the same fund or funds as other receipts from such lands and that all rentals and royalties received under or in connection with a lease or permit on other lands or mineral rights not acquired through any grant to the state of Montana from the United States shall be paid into the same funds into which such receipts are paid when the land is part of the grant for the benefit of the public schools of the state of Montana.
History: En. Sec. 17, Ch. 148, L. 1937; R.C.M. 1947, 81-617.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 1. Prospecting Permits and Mining Leases › 77-3-111. Applications for mining lease

77-3-111. Applications for mining lease.
Application for a mining lease shall be made to the department on a form prescribed by it.
History: En. Sec. 6, Ch. 148, L. 1937; amd. Sec. 7, Ch. 22, L. 1971; amd. Sec. 40, Ch. 428, L. 1973; R.C.M. 1947, 81-606.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 1. Prospecting Permits and Mining Leases › 77-3-112. Examination of lands prior to leasing

77-3-112. Examination of lands prior to leasing.
(1) Before the board leases any lands for the mining of metalliferous metals or gems, the department shall investigate the character of the lands and the nature and possible extent of the mineral deposits therein for the purpose of determining whether those lands are of such a character as to warrant the issuance of a mining lease thereon and for the purpose of determining the amount of royalty and other rentals or considerations for which the lands should be leased for mining purposes under this part.
(2) Upon the filing of an application for a mining lease the board may, if the lands covered by the application have not been examined by the department, require the applicant for the lease to deposit with the department an amount of money, not exceeding $500 in any one case, which in its judgment will cover the cost of a special examination to enable the board to pass upon the application in accordance with this part. Such deposit shall be used to reimburse the state for the actual cost of the examination, and any portion of the deposit not required for such reimbursement shall, upon the approval or rejection of the application, be repaid to the applicant by the department.
(3) The department shall make and preserve complete records of all such examinations.
History: En. Sec. 11, Ch. 148, L. 1937; amd. Sec. 43, Ch. 428, L. 1973; R.C.M. 1947, 81-611.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 1. Prospecting Permits and Mining Leases › 77-3-113. Quantity of lands covered by lease

77-3-113. Quantity of lands covered by lease.
A mining lease shall cover the quantity of ground the board determines to be reasonable and consistent with the character of the ground, the type of deposit or deposits for which the lands are to be mined, and the character and size of the operation contemplated, necessary, or reasonable in good mining practice for the profitable recovery of the metalliferous minerals or gems therefrom.
History: En. Sec. 5, Ch. 148, L. 1937; amd. Sec. 39, Ch. 428, L. 1973; R.C.M. 1947, 81-605.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 1. Prospecting Permits and Mining Leases › 77-3-114. Restrictions on mining leases on lands already subject to coal, oil, or gas lease

77-3-114. Restrictions on mining leases on lands already subject to coal, oil, or gas lease.
In the case of lands covered by a lease for the mining of coal, oil, or gas, no lease for the mining upon any such land for metalliferous minerals and/or gems shall be issued to any person, association of persons, or corporation, other than the holder of such coal, oil, or gas lease while such coal, oil, or gas lease is in force, except with the written consent of the holder of such coal, oil, or gas lease.
History: En. Sec. 10, Ch. 148, L. 1937; R.C.M. 1947, 81-610.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 1. Prospecting Permits and Mining Leases › 77-3-115. Lease provisions

77-3-115. Lease provisions.
(1) A lease may contain reasonable provisions for preliminary prospecting periods and must contain reasonable requirements for the prosecution of work during the prospecting period, if any, and for the prosecution of mining after the prospecting period.
(2) The lease may provide for the payment of rentals in conjunction with the work requirements or may prescribe cash rentals as an alternative or otherwise as the board considers best.
(3) The lease must specify the term of the lease, the royalty to be paid, reasonable forfeiture provisions, and reasonable terms under which the lessee may, within a time limited in the lease, remove property placed upon the leased lands by the lessee in the event of the termination of the lease by forfeiture or by lapse of time.
(4) The lease may contain other provisions that the board and the lessee agree upon that are not inconsistent with this part.
History: En. Sec. 3, Ch. 148, L. 1937; amd. Sec. 1, Ch. 205, L. 1947; amd. Sec. 37, Ch. 428, L. 1973; R.C.M. 1947, 81-603(part); amd. Sec. 2556, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 1. Prospecting Permits and Mining Leases › 77-3-116. Royalty provisions

77-3-116. Royalty provisions.
In every mining lease the board shall reserve to the state a royalty which shall, together with other considerations to be paid by the mining lessee, constitute the full market value as ascertained by the board of the leasehold interest conveyed by the lease. This royalty may not be less than 5% of the returns from or of the full market value of the metalliferous minerals or gems recovered by the lessee from the state lands or reserved mineral rights covered by the lease.
History: En. Sec. 4, Ch. 148, L. 1937; amd. Sec. 2, Ch. 205, L. 1947; amd. Sec. 38, Ch. 428, L. 1973; R.C.M. 1947, 81-604(1).
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 1. Prospecting Permits and Mining Leases › 77-3-117. Modification of lease provisions

77-3-117. Modification of lease provisions.
The board, by agreement with the permittee or lessee, may, in its discretion and upon such terms as it considers best, amend or modify the terms and conditions within the limitations of this part or extend the term of any lease or prospecting permit issued under this part, subject to the limitations contained in 77-3-102(1) and (2).
History: En. Sec. 3, Ch. 148, L. 1937; amd. Sec. 1, Ch. 205, L. 1947; amd. Sec. 37, Ch. 428, L. 1973; R.C.M. 1947, 81-603(part).
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 1. Prospecting Permits and Mining Leases › 77-3-118. Restrictions on removal of minerals and gems during preliminary prospecting period

77-3-118. Restrictions on removal of minerals and gems during preliminary prospecting period.
No mining lessee may, during any preliminary prospecting period contained in any lease, remove any metalliferous minerals or gems from the leased premises, except as are necessary for the proper testing and sampling of the lands or mineral rights, and except as are permitted by the board.
History: En. Sec. 3, Ch. 148, L. 1937; amd. Sec. 1, Ch. 205, L. 1947; amd. Sec. 37, Ch. 428, L. 1973; R.C.M. 1947, 81-603(part).
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 1. Prospecting Permits and Mining Leases › 77-3-119. Bonds to state

77-3-119. Bonds to state.
The board may, at the time of the execution and delivery of a mining lease or at any time during the life of the lease, require a mining lessee to file with the department, for the benefit of the state, a bond or bonds conditioned to protect the rights of the state, particularly in the payment to the proper officer of the state of the royalties reserved in the mining lease. The bond or bonds shall be in a form and amount prescribed by the board. The board may at any time require new or additional bonds if in its discretion the interests of the state are not adequately protected by the bond or bonds previously filed.
History: En. Sec. 7, Ch. 148, L. 1937; amd. Sec. 41, Ch. 428, L. 1973; R.C.M. 1947, 81-607.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 1. Prospecting Permits and Mining Leases › 77-3-120. Bonds to protect prior purchasers, lessees, or contractees

77-3-120. Bonds to protect prior purchasers, lessees, or contractees.
(1) If the lands at the time of the issuance of a mining lease have been sold, are under contract of sale, or have been leased for agricultural, grazing, or other purposes, the board shall provide against the infringement of the rights of the prior purchaser, contractee, or lessee and among other things may at any time require the mining lessee to file with the department a corporate surety bond in a reasonable amount fixed by the board, conditioned to protect the rights of the prior purchaser, contractee, or lessee.
(2) The form of the bond shall be prescribed by the board, and the bond shall run to the state for the benefit of the prior purchaser, contractee, or lessee. New or additional bonds may be required by the board at any time.
(3) Suit may be brought upon the bond by any such prior purchaser, contractee, or lessee for alleged violation of the terms of the bond by the mining lessee. Such suit shall be brought by the claimant in the name of the state for the use and benefit of the claimant, and any recovery upon the bond shall be paid to the claimant.
History: En. Sec. 8, Ch. 148, L. 1937; amd. Sec. 42, Ch. 428, L. 1973; R.C.M. 1947, 81-608.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 1. Prospecting Permits and Mining Leases › 77-3-121. Pooling agreements and unit plans of operation

77-3-121. Pooling agreements and unit plans of operation.
(1) The board may enter into agreements for the pooling of acreage or yardage with others holding the mineral rights in adjoining lands for unit operation of placer mining and the apportionment of royalties on a cubic yardage or area basis in the case of placer mining deposits lying partly on land in which the state holds the mining rights and partly on land in which others hold the mining rights.
(2) From each cleanup of values under such unit operations in which any yardage or area mined on lands to which the state holds the mineral rights is included, the state is entitled to royalties computed on that proportion of the whole value of recoveries from the cleanup as the yardage or area mined from lands included in the agreement in which the state holds the mining rights bears to the total yardage or area mined and included in the cleanup.
(3) The board may also enter into agreements for the unit operation of such placer mining deposits and the apportionment of royalties upon any other equitable basis the board considers in the best interest of the state. The agreements may not change the percentage of royalties to be paid to the state under the unit operations from the percentage fixed in the lease or to a smaller percentage than the 5% minimum under 77-3-116.
History: En. Sec. 4, Ch. 148, L. 1937; amd. Sec. 2, Ch. 205, L. 1947; amd. Sec. 38, Ch. 428, L. 1973; R.C.M. 1947, 81-604(2).
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 1. Prospecting Permits and Mining Leases › 77-3-122. Sales, contracts for sale, and other leases subject to mining leases

77-3-122. Sales, contracts for sale, and other leases subject to mining leases.
Any sale of state lands, any contract for the sale of state lands, and any lease of state lands made or issued by said board during the life of any mining lease issued under the provisions of this part shall be subject to such mining lease during the life thereof, and no bond shall be required of such mining lessee for the protection of any such purchaser, contractee, or other lessee unless provision therefor shall be made in such mining lease.
History: En. Sec. 9, Ch. 148, L. 1937; R.C.M. 1947, 81-609.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 1. Prospecting Permits and Mining Leases › 77-3-123. Failure of title

77-3-123. Failure of title.
In issuing mining leases, the board and the state have leased only such right, title, and interest as the state has in the lands, metalliferous minerals, or gems therein contained. Neither the state, the board, nor any representative, agent, or employee of the state or the board are under any liability for the failure of the title of the state, in whole or in part, to the lands, metalliferous minerals, or gems covered by the lease.
History: En. Sec. 12, Ch. 148, L. 1937; amd. Sec. 44, Ch. 428, L. 1973; R.C.M. 1947, 81-612.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 1. Prospecting Permits and Mining Leases › 77-3-130. Limitation on public inspection rights

77-3-130. Limitation on public inspection rights.
The department may withhold from public inspection any information obtained from a mining lessee or permittee under this part if the information relates to the geology of the mining lease or permit. The withholding is effective for as long as the department considers it necessary either to protect the mining lessee's or permittee's economic interest in the geologic information against unwarranted injury or to protect the public's best interest.
History: En. Sec. 1, Ch. 105, L. 1989.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 1. Prospecting Permits and Mining Leases › 77-3-131. Limitations on prospecting permits

77-3-131. Limitations on prospecting permits.
A permit shall be limited to prospecting for metalliferous minerals or gems and no permittee may remove from any lands or mineral rights covered by the permit any metalliferous minerals or gems except such as are necessary for the proper testing and sampling of the lands or mineral rights and except as are permitted by the board.
History: En. Sec. 15, Ch. 148, L. 1937; amd. Sec. 9, Ch. 22, L. 1971; Sec. 81-615, R.C.M. 1947; redes. 81-601.1 and amd. by Sec. 47, Ch. 428, L. 1973; R.C.M. 1947, 81-601.1(part).
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 1. Prospecting Permits and Mining Leases › 77-3-132. Leasing privileges of permittee

77-3-132. Leasing privileges of permittee.
(1) During the life of any permit the permittee may apply for a lease of the lands or mineral rights covered by the permit, and if a lease is granted it must be in the form and subject to all the terms and conditions specified in this part, as in the case of a mining lease issued under this part.
(2) If some other person makes a better bid for a mining lease upon the land covered by the permit and if the board awards a mining lease to a better bidder, the board shall also require the mining lessee to pay to the permittee, prior to the issuance of the lease, the full value of all the work the permittee has performed upon the land under the permit in connection with prospecting and exploration work. Within 30 days from the date the board gives the permittee notice of the issuance of the mining lease or within a further time as the board upon good cause shown allows, the permittee may remove any machinery, equipment, improvements, and other property placed on the land by the permittee.
History: En. Sec. 15, Ch. 148, L. 1937; amd. Sec. 9, Ch. 22, L. 1971; Sec. 81-615, R.C.M. 1947; redes. 81-601.1 and amd. by Sec. 47, Ch. 428, L. 1973; R.C.M. 1947, 81-601.1(part); amd. Sec. 7, Ch. 18, L. 1999.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 2. Nonmetallic Minerals, Excluding Coal, Oil, and Gas › 77-3-201. Nonmetallic mineral leases authorized

77-3-201. Nonmetallic mineral leases authorized.
When there are found upon state lands deposits of stone, limestone, oil shale, clay, bentonite, calcite, talc, mica, ceramic, asbestos, marble, diatomite, gravel or sand, or phosphate, sodium, potash, sulfur, fluorite or barite, or any other nonmetallic minerals, but not including coal, oil, or gas, valuable for building, mining, or other commercial purposes, the board may in its discretion issue permits or leases to private persons for the removal and disposition of the above-named deposits upon such terms and conditions as the board may determine.
History: En. Sec. 52, Ch. 60, L. 1927; re-en. Sec. 1805.52, R.C.M. 1935; amd. Sec. 1, Ch. 194, L. 1945; amd. Sec. 1, Ch. 147, L. 1953; amd. Sec. 1, Ch. 207, L. 1961; amd. Sec. 49, Ch. 428, L. 1973; R.C.M. 1947, 81-701(part).
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 2. Nonmetallic Minerals, Excluding Coal, Oil, and Gas › 77-3-202. Fee

77-3-202. Fee.
The fee for issuing the lease is the same as for an oil and gas lease.
History: En. Sec. 52, Ch. 60, L. 1927; re-en. Sec. 1805.52, R.C.M. 1935; amd. Sec. 1, Ch. 194, L. 1945; amd. Sec. 1, Ch. 147, L. 1953; amd. Sec. 1, Ch. 207, L. 1961; amd. Sec. 49, Ch. 428, L. 1973; R.C.M. 1947, 81-701(part).
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 2. Nonmetallic Minerals, Excluding Coal, Oil, and Gas › 77-3-203. Duration of lease

77-3-203. Duration of lease.
No such lease shall be made for a longer term than 10 years.
History: En. Sec. 52, Ch. 60, L. 1927; re-en. Sec. 1805.52, R.C.M. 1935; amd. Sec. 1, Ch. 194, L. 1945; amd. Sec. 1, Ch. 147, L. 1953; amd. Sec. 1, Ch. 207, L. 1961; amd. Sec. 49, Ch. 428, L. 1973; R.C.M. 1947, 81-701(part).
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 2. Nonmetallic Minerals, Excluding Coal, Oil, and Gas › 77-3-204. Royalty provisions

77-3-204. Royalty provisions.
(1) All such leases shall be upon a royalty basis calculated upon a gross value by weight or cubic measurement as is most favorable for the particular substance being mined or extracted from the lands. The gross value shall be determined at the mine or site of operation, and the rates shall be the same that ordinarily would be charged by private owners under similar circumstances or as in the determination of the board is fair and reasonable.
(2) The board may demand a cash deposit to guarantee the payment of the royalties, a surety bond, or both a cash deposit and bond, as the board may determine.
History: En. Sec. 52, Ch. 60, L. 1927; re-en. Sec. 1805.52, R.C.M. 1935; amd. Sec. 1, Ch. 194, L. 1945; amd. Sec. 1, Ch. 147, L. 1953; amd. Sec. 1, Ch. 207, L. 1961; amd. Sec. 49, Ch. 428, L. 1973; R.C.M. 1947, 81-701(part).
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 2. Nonmetallic Minerals, Excluding Coal, Oil, and Gas › 77-3-205. Report of lessee and payment of royalty

77-3-205. Report of lessee and payment of royalty.
(1) On or before the last day of each month, every holder of a producing lease under this part shall make a report to the department on a form the department prescribes showing:
(a) the amount of substances mined or extracted from the lands in the preceding month;
(b) the price obtained;
(c) the total amount of sales; and
(d) any additional information required.
(2) The report must be verified by the lessee or some responsible person having knowledge of the facts and must be accompanied by payment of the amount to the state as royalty for the month covered by the report.
History: En. Sec. 53, Ch. 60, L. 1927; re-en. Sec. 1805.53, R.C.M. 1935; amd. Sec. 2, Ch. 194, L. 1945; amd. Sec. 50, Ch. 428, L. 1973; R.C.M. 1947, 81-702(part); amd. Sec. 8, Ch. 96, L. 2013.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 2. Nonmetallic Minerals, Excluding Coal, Oil, and Gas › 77-3-206. Disposition of royalties, fees, and penalties

77-3-206. Disposition of royalties, fees, and penalties.
The royalties, fees, and penalties received under these leases shall be credited to the various funds to which they properly belong in the same manner as is now provided for crediting the same under oil and gas leases.
History: En. Sec. 53, Ch. 60, L. 1927; re-en. Sec. 1805.53, R.C.M. 1935; amd. Sec. 2, Ch. 194, L. 1945; amd. Sec. 50, Ch. 428, L. 1973; R.C.M. 1947, 81-702(part).
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 2. Nonmetallic Minerals, Excluding Coal, Oil, and Gas › 77-3-207. Land leased for other purposes

77-3-207. Land leased for other purposes.
Such portions of the section or other subdivision of the land on which such deposits are located as are not needed for the quarrying or digging and removal of the stone, limestone, oil shale, clay, sand, or gravel may be leased for grazing or agricultural purposes the same as other state lands. In the case that grazing or agricultural leases are issued they shall provide for a right-of-way across the land for the removal of the stone, limestone, oil shale, clay, gravel, sand, or other deposits, but the rights of the lessee shall also be duly protected.
History: En. Sec. 54, Ch. 60, L. 1927; re-en. Sec. 1805.54, R.C.M. 1935; R.C.M. 1947, 81-703.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 2. Nonmetallic Minerals, Excluding Coal, Oil, and Gas › 77-3-208. Stone, gravel, and sand permits for public use

77-3-208. Stone, gravel, and sand permits for public use.
(1) The board may in its discretion issue permits upon such terms and conditions it determines to the department of transportation, the board of county commissioners of any county of the state, or to the governing body of a city or town and of any other political subdivision of the state granting them the right to take, remove, and use stone, gravel, or sand from any state lands that have not been sold under certificate of purchase or otherwise for the construction, maintenance, and improvement of public roads, highways, bridges, streets, or alleys.
(2) The rights of lessees to the lands on which such stone, gravel, or sand may be located shall be properly safeguarded under the terms of the permits.
History: En. Sec. 55, Ch. 60, L. 1927; re-en. Sec. 1805.55, R.C.M. 1935; amd. Sec. 51, Ch. 428, L. 1973; R.C.M. 1947, 81-704; amd. Sec. 3, Ch. 512, L. 1991.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 2. Nonmetallic Minerals, Excluding Coal, Oil, and Gas › 77-3-211. Limitation on public inspection rights

77-3-211. Limitation on public inspection rights.
The department may withhold from public inspection any information obtained from a lessee under this part if the information relates to the geology of the mining lease. The withholding is effective for as long as the department considers it necessary either to protect the lessee's economic interest in the geologic information against unwarranted injury or to protect the public's best interest.
History: En. Sec. 2, Ch. 105, L. 1989.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 3. Coal › 77-3-301. Coal leases authorized

77-3-301. Coal leases authorized.
In response to an application or on its own initiative, the board may lease in a manner that it considers in the best interests of the state any state lands to which the title is vested in the state and in which the coal or coal rights are not reserved by the United States for exploring for, mining, removing, selling, and disposing of the coal, upon the terms and conditions provided in this section and subject to the rules that the board prescribes.
History: En. Sec, 38, Ch. 60, L. 1927; re-en. Sec. 1805.38, R.C.M. 1935; amd. Sec. 30, Ch. 428, L. 1973; amd. Sec. 1, Ch. 358, L. 1975; R.C.M. 1947, 81-501(part); amd. Sec. 4, Ch. 318, L. 2003.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 3. Coal › 77-3-302. Lands subject to coal leasing

77-3-302. Lands subject to coal leasing.
The authority to lease extends to state lands no matter how acquired and extends to state lands which have been sold but in which the coal rights are reserved by the state, whether the lands are under certificate of purchase or patents have been issued.
History: En. Sec, 38, Ch. 60, L. 1927; re-en. Sec. 1805.38, R.C.M. 1935; amd. Sec. 30, Ch. 428, L. 1973; amd. Sec. 1, Ch. 358, L. 1975; R.C.M. 1947, 81-501(part).
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 3. Coal › 77-3-303. Rules relating to coal leasing

77-3-303. Rules relating to coal leasing.
(1) The board may adopt rules and perform all acts not inconsistent with The Enabling Act, the constitution, and the statutes of this state that it considers necessary and proper relating to the leasing of state land for coal mining purposes.
(2) The board is encouraged to lease the property interests acquired from the federal government in the Crown Butte land exchange for coal mining purposes. The proceeds from the leases must be used for the direct funding of education, including K-12 school districts, institutions of higher education, and vocational-technical education, unless otherwise provided in the transfer agreement.
History: En. Sec. 44, Ch. 60, L. 1927; re-en. Sec. 1805.44, R.C.M. 1935; R.C.M. 1947, 81-507; amd. Sec. 1, Ch. 485, L. 2001.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 3. Coal › 77-3-304. Protection of rights of purchasers or prior lessees

77-3-304. Protection of rights of purchasers or prior lessees.
Whenever the leased lands are under certificate of purchase or patents have been issued and in all cases where the lands are under lease for grazing, agriculture, or similar purposes, care shall be taken in issuing the coal mining lease to protect the rights of the purchaser or lessee.
History: En. Sec, 38, Ch. 60, L. 1927; re-en. Sec. 1805.38, R.C.M. 1935; amd. Sec. 30, Ch. 428, L. 1973; amd. Sec. 1, Ch. 358, L. 1975; R.C.M. 1947, 81-501(part).
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 3. Coal › 77-3-305. Limitations on leasing

77-3-305. Limitations on leasing.
(1) The board may not issue leases to any citizen of another country or any person, partnership, corporation, association, or other legal entity controlled by interests foreign to the United States unless that country provides for similar or like privileges to citizens of the United States.
(2) The board shall consider whether the extraction of the coal from those lands by strip-mining methods would adversely affect the methods of recovery of deep minable coal from those operations on those lands in the future.
History: En. 81-511 by Sec. 6, Ch. 358, L. 1975; R.C.M. 1947, 81-511(part); amd. Sec. 1, Ch. 127, L. 1983; amd. Sec. 1, Ch. 332, L. 2011.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 3. Coal › 77-3-306. Conditions on manner of mining

77-3-306. Conditions on manner of mining.
(1) Every coal lease shall be conditioned upon compliance with Title 82, chapter 4, parts 1 and 2.
(2) These coal leases are subject to the condition that the coal must be mined, handled, and marketed in a manner that will prevent as far as possible all waste of coal and are also subject to the condition that the mining operations shall be carried on in a systematic and orderly manner that will not make subsequent mining operations more difficult or expensive. A violation of any of these conditions is grounds for the forfeiture of the lease after a hearing before the board.
History: En. Sec, 38, Ch. 60, L. 1927; re-en. Sec. 1805.38, R.C.M. 1935; amd. Sec. 30, Ch. 428, L. 1973; amd. Sec. 1, Ch. 358, L. 1975; R.C.M. 1947, 81-501(part).
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 3. Coal › 77-3-307. Improvements of former lessee

77-3-307. Improvements of former lessee.
(1) When a coal mining lease is applied for on land where mining operations have been carried on by a former lessee and there are surface or underground improvements on the land used at the former operations, disposition must be made of the improvements satisfactory to the board before a new lease is issued. If the owner of the improvements desires to sell the improvements to the new lessee, the new lessee shall pay the owner the reasonable value of the improvements as far as they are suitable for the new mining operations. If they fail to agree on the value of the improvements, the value must be ascertained and fixed as provided in 77-6-306.
(2) Before a new lease is issued, the applicant shall show to the satisfaction of the board that the applicant has paid the owner for the improvements as agreed on between them or as fixed under the provisions of 77-6-306, that the applicant has tendered payment as fixed, or that the owner desires to remove the owner's improvements.
History: En. Sec. 43, Ch. 60, L. 1927; re-en. Sec. 1805.43, R.C.M. 1935; amd. Sec. 32, Ch. 428, L. 1973; R.C.M. 1947, 81-506; amd. Sec. 2557, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 3. Coal › 77-3-308. Limitation on public inspection rights

77-3-308. Limitation on public inspection rights.
The department may withhold from public inspection any information obtained from a coal mining lessee or permittee under this part if the information relates to the geology of the mining lease or permit. The withholding is effective for as long as the department considers it necessary either to protect the lessee's or permittee's economic interest in the geologic information against unwarranted injury or to protect the public's best interest.
History: En. Sec. 3, Ch. 105, L. 1989.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 3. Coal › 77-3-311. Form of lease

77-3-311. Form of lease.
The board shall prescribe the form of the lease.
History: En. Sec. 39, Ch. 60, L. 1927; re-en. Sec. 1805.39, R.C.M. 1935; amd. Sec. 5, Ch. 257, L. 1965; amd. Sec. 1, Ch. 121, L. 1967; amd. Sec. 6, Ch. 22, L. 1971; amd. Sec. 1, Ch. 291, L. 1971; amd. Sec. 31, Ch. 428, L. 1973; amd. Sec. 2, Ch. 358, L. 1975; R.C.M. 1947, 81-502(part).
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 3. Coal › 77-3-312. Leasing procedures

77-3-312. Leasing procedures.
(1) (a) Prior to issuing a coal mining lease, the board shall evaluate the coal and land proposed to be leased for the purpose of determining the fair market value of any coal reserves located on the land, giving opportunity for and consideration to public comments on the evaluation.
(b) (i) The board may determine fair market value by competitive bid or through an appraisal.
(ii) If no competitive bids are offered on the coal and land to be leased, the board may enter into a lease that is at least at the full market value as determined by the appraisal pursuant to subsection (1)(b)(i).
(2) Except as provided in subsection (1)(b), leases must be awarded by a competitive bid system, including a bonus bid for the first year's rental that may be amortized for a period of up to 5 years at the discretion of the board, and a lease may not be awarded at less than fair market value.
History: En. Sec, 38, Ch. 60, L. 1927; re-en. Sec. 1805.38, R.C.M. 1935; amd. Sec. 30, Ch. 428, L. 1973; amd. Sec. 1, Ch. 358, L. 1975; R.C.M. 1947, 81-501(part); amd. Sec. 2, Ch. 332, L. 2011.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 3. Coal › 77-3-313. Bond requirements

77-3-313. Bond requirements.
The board may also demand a surety company bond in a form and in an amount as it may determine, conditioned for the payment of all royalties due the state and for the carrying on of the mining operations according to the terms of the lease. However, a lessee may, in lieu of furnishing a surety company bond, increase the cash deposit provided for under this part in an amount that in the judgment of the board makes the furnishing of a bond unnecessary.
History: En. Sec. 42, Ch. 60, L. 1927; re-en. Sec. 1805.42, R.C.M. 1935; R.C.M. 1947, 81-505; amd. Sec. 3, Ch. 332, L. 2011.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 3. Coal › 77-3-314. Duration of lease

77-3-314. Duration of lease.
(1) (a) Except as provided in subsection (1)(b), coal mining leases must be issued for a primary term of 10 years and for as long thereafter as coal is produced from lands in commercial quantities.
(b) If a lease under this part or a corresponding permit issued pursuant to Title 82, chapter 4, parts 1 and 2, is challenged before an administrative agency or in court, the primary term of the lease must be extended for the period of time that the lease or permit was subject to challenge.
(2) A lease not producing coal in commercial quantities at the end of the primary term must be terminated, unless the leased lands are described in a strip mine permit issued under 82-4-221 or in a mine-site location permit under 82-4-122 prior to the end of the primary term, and the lease may not be terminated so long as the lands are covered and described under valid permit.
(3) For the purpose of this part:
(a) "commercial quantities" means that quantity of coal that can be sold at profit in the commercial market;
(b) "covered and described" under a valid permit or "described" in a strip mine or mine-site location permit means that the leased lands or a portion of the leased lands within or outside of the boundaries of the permit area are expected to be affected or disturbed at some point during the life of the permittee's strip-mining or underground-mining operation and are identified in the permittee's permit application.
History: En. Sec. 39, Ch. 60, L. 1927; re-en. Sec. 1805.39, R.C.M. 1935; amd. Sec. 5, Ch. 257, L. 1965; amd. Sec. 1, Ch. 121, L. 1967; amd. Sec. 6, Ch. 22, L. 1971; amd. Sec. 1, Ch. 291, L. 1971; amd. Sec. 31, Ch. 428, L. 1973; amd. Sec. 2, Ch. 358, L. 1975; R.C.M. 1947, 81-502(part); amd. Sec. 4, Ch. 332, L. 2011.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources › Part 3. Coal › 77-3-315. Repealed

77-3-315. Repealed.
Sec. 2, Ch. 538, L. 1981.
History: En. 81-511 by Sec. 6, Ch. 358, L. 1975; R.C.M. 1947, 81-511(part).