reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 3. Organization, Administration, and Operation › 76-16-307. Leasing of state lands

76-16-307. Leasing of state lands.
State land that is situated within the boundaries of a state district created under this chapter may be leased by one or more members of a state district if the lease is in accordance with existing laws and regulations of the department. The board of directors of a state district may assist members of a state district in acquiring and administering a state grazing lease. The commission shall require that all state districts comply with this section.
History: En. Sec. 16, Ch. 208, L. 1939; amd. Sec. 46, Ch. 253, L. 1974; R.C.M. 1947, 46-2316; amd. Sec. 310, Ch. 418, L. 1995; amd. Sec. 21, Ch. 401, L. 1999; amd. Sec. 23, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 3. Organization, Administration, and Operation › 76-16-308. Regulation of stock grazing in state district

76-16-308. Regulation of stock grazing in state district.
A state district may:
(1) specify the breed, quality, and number of male breeding animals that each member must furnish when stock is grazing in common in the state district;
(2) regulate the driving of stock over, across, into, or through the range and collect fees for driving stock.
History: En. Sec. 12, Ch. 208, L. 1939; amd. Sec. 42, Ch. 253, L. 1974; amd. Sec. 1, Ch. 22, L. 1977; R.C.M. 1947, 46-2312(7), (12); amd. Sec. 22, Ch. 401, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 3. Organization, Administration, and Operation › 76-16-309. Knowledge of state district boundaries responsibility of livestock owner

76-16-309. Knowledge of state district boundaries responsibility of livestock owner.
A person herding or in control of livestock in the approximate vicinity of a state district shall ascertain the boundary lines of the state district.
History: En. Sec. 11, Ch. 208, L. 1939; amd. Sec. 41, Ch. 253, L. 1974; R.C.M. 1947, 46-2311(part); amd. Sec. 24, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 3. Organization, Administration, and Operation › 76-16-310. Permit required to run livestock in state district

76-16-310. Permit required to run livestock in state district.
(1) An owner or person in control of livestock may not permit livestock to run at large or under herd within the exterior boundaries of a state district unless the owner or person in control of the livestock first obtains a grazing permit from the state district.
(2) The owner or person in control of livestock running at large or under herd within a state district without a permit from the state district or in excess of the permit is liable for all damages sustained by any member, permittee, or state district that are a result of the person's unpermitted use of the state district. If livestock wrongfully enter a state district, the owner or person in control of the trespassing livestock, who willfully or negligently permits livestock to run at large within the state district without first obtaining a permit from the state district, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine in an amount not less than $10 or more than $500. In addition to a fine, the owner or person is liable for all damages that are caused by the trespassing livestock.
(3) This provision does not require any person to obtain a grazing permit to graze livestock on land that the person owns or controls within a state district if the stock being grazed are restrained from running at large within the state district and from grazing on any other lands within the state district.
History: En. Sec. 26, Ch. 208, L. 1939; amd. Sec. 7, Ch. 199, L. 1945; amd. Sec. 4, Ch. 257, L. 1955; R.C.M. 1947, 46-2326(1); amd. Sec. 25, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 3. Organization, Administration, and Operation › 76-16-311. Control of trespassing livestock

76-16-311. Control of trespassing livestock.
(1) The state district or its duly authorized agent controlling the land upon which wrongful entry is made by trespassing livestock may take the livestock into its possession and shall reasonably care for the livestock while in its possession and may retain possession of the livestock and have a lien and claim on the livestock as security for payment of damages and reasonable charges for the care of livestock while in its possession.
(2) The state district taking possession of trespassing livestock shall, within 72 hours after taking possession, notify the owner, owners, or person in charge of the livestock by a notice in writing describing the livestock by number of animals and brands on the livestock, if any, the amount of damages claimed to date, and the charge per animal unit per day for caring for and feeding the livestock thereafter. Charges may not exceed $2 per animal unit per day. The notice must generally describe the location where the livestock is held and require the owner or owners, within 10 days after receiving the notice, to take the livestock away after making full payment of all damages and costs.
(3) In case the parties do not agree as to the amount of damages, the state district taking possession of the livestock may at the expense of the owner retain a sufficient number of livestock to cover the amount of damages claimed by the state district. However, the owner may, upon furnishing a sufficient bond, conditioned for the payment to the state district of all sums, including costs that may be recovered by the state district in a civil action to foreclose its lien, have returned to the owner all livestock held. The state district is liable to the owner for any loss or injury to the livestock accruing through the state district's lack of reasonable care.
(4) If the state district taking possession of the livestock fails to recover in a civil action a sum equal to that offered to the state district by the owner of the livestock, the state district shall bear the expense of keeping and feeding the livestock while in its possession. Notice may be given by personal service on the owner, owners, or person in charge of the livestock by sending notice by prepaid registered or certified mail, addressed to that person's last-known place of residence. Service by registered or certified mail is considered complete upon the deposit of the notice in the post office.
History: En. Sec. 26, Ch. 208, L. 1939; amd. Sec. 7, Ch. 199, L. 1945; amd. Sec. 4, Ch. 257, L. 1955; R.C.M. 1947, 46-2326(2), (3); amd. Sec. 23, Ch. 401, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 3. Organization, Administration, and Operation › 76-16-312. Impoundment of trespassing livestock

76-16-312. Impoundment of trespassing livestock.
The state district or the party taking up such trespassing livestock may cause same to be impounded at any suitable place within the state district or within 5 miles from the exterior boundaries thereof, and such livestock shall be deemed legally impounded if placed in a corral or upon land enclosed by a legal fence or placed in charge of a herder or herders.
History: En. Sec. 26, Ch. 208, L. 1939; amd. Sec. 7, Ch. 199, L. 1945; amd. Sec. 4, Ch. 257, L. 1955; R.C.M. 1947, 46-2326(9).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 3. Organization, Administration, and Operation › 76-16-313. Release of livestock

76-16-313. Release of livestock.
Upon demand, the state district or its authorized agent controlling the land or party in charge of such livestock shall release and deliver possession of such livestock to the owner or person entitled thereto upon payment of damages and charges, but said payment of damages and charges shall not act as a bar to the prosecution of said person, owner, or persons in control of such livestock, as hereinbefore provided.
History: En. Sec. 26, Ch. 208, L. 1939; amd. Sec. 7, Ch. 199, L. 1945; amd. Sec. 4, Ch. 257, L. 1955; R.C.M. 1947, 46-2326(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 3. Organization, Administration, and Operation › 76-16-314. Recovery of excess charge for damages

76-16-314. Recovery of excess charge for damages.
If the amount of damages or costs demanded by the party taking up such livestock is in excess of the actual damage and actual costs, the owner or person in charge of such livestock may pay same under protest and thereafter sue to recover the amount paid in excess of the actual damages and reasonable costs, provided suit to recover same is filed in the district court within 60 days after payment.
History: En. Sec. 26, Ch. 208, L. 1939; amd. Sec. 7, Ch. 199, L. 1945; amd. Sec. 4, Ch. 257, L. 1955; R.C.M. 1947, 46-2326(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 3. Organization, Administration, and Operation › 76-16-315. Procedure upon inability to locate person responsible for trespassing livestock

76-16-315. Procedure upon inability to locate person responsible for trespassing livestock.
If a state district takes possession of livestock after due diligence to discover the owner or possessor of the livestock and the owner or possessor cannot be found or the ownership of the livestock discovered or if a party takes possession of livestock and the owner or claimant refuses to pay the amount of damages or charges or to furnish bonds, as provided in 76-16-311, the state district or person shall, within 10 days from the time that the livestock was taken into possession, deliver to the sheriff of the county in which the livestock was taken into possession or to the nearest state livestock inspector a statement containing the information required to be given in the notice set out in 76-16-311.
History: En. Sec. 26, Ch. 208, L. 1939; amd. Sec. 7, Ch. 199, L. 1945; amd. Sec. 4, Ch. 257, L. 1955; R.C.M. 1947, 46-2326(part); amd. Sec. 24, Ch. 401, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 3. Organization, Administration, and Operation › 76-16-316. Sale of trespassing livestock

76-16-316. Sale of trespassing livestock.
(1) Upon receipt of the statement referred to in 76-16-315, the sheriff shall proceed to advertise and sell at public auction the livestock taken up.
(2) The livestock must be sold on 5 days' notice posted at the courthouse of each county in which any portion of the state district lies and in a newspaper of general circulation in the county. The sheriff may require from the state district a sufficient bond, conditioned upon the following:
(a) that the state district has used reasonable diligence to discover the owner of the stock and to notify the owner in the premises;
(b) that all requirements of law on the part of the state district to be performed in the premises have been performed; and
(c) that the sheriff is indemnified against all liability for the sale of the livestock except as to the sheriff's own failure to perform the things required by law.
History: En. Sec. 26, Ch. 208, L. 1939; amd. Sec. 7, Ch. 199, L. 1945; amd. Sec. 4, Ch. 257, L. 1955; R.C.M. 1947, 46-2326(part); amd. Sec. 25, Ch. 401, L. 1999; amd. Sec. 26, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 3. Organization, Administration, and Operation › 76-16-317. Disposition of sale proceeds

76-16-317. Disposition of sale proceeds.
(1) The proceeds of the sale must be applied by the sheriff, after first deducting the sheriff's costs and expenses, to the discharge of the claims and the costs of the proceedings in selling the property and to the payment of the damages, claims, and costs of the party taking up the livestock. The remainder of the proceeds, if any, may be paid over to the owner of the livestock, if known. If the owner is not known, then the remainder must be deposited with the county treasurer, who shall keep the remainder of the proceeds in a public fund to be designated state district fund (giving the name of the state district). A separate fund, styled as above, must be kept by the county treasurer for each state district within that county. The county treasurer shall record the number, type, and brands, if any, of animals sold, the amount received for the animals, and the amount of deductions. The record must be open to public inspection.
(2) A person claiming ownership of the livestock and submitting proof of ownership to the board of county commissioners within 1 year from date of sale is entitled to receive any excess received from the sale of the livestock, provided the claim is to the satisfaction of the board.
(3) Any money received from the sale of the livestock that is not claimed within 1 year after the sale must be transferred to the general fund of the county.
History: En. Sec. 26, Ch. 208, L. 1939; amd. Sec. 7, Ch. 199, L. 1945; amd. Sec. 4, Ch. 257, L. 1955; R.C.M. 1947, 46-2326(7); amd. Sec. 27, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 3. Organization, Administration, and Operation › 76-16-318. Unlawful recovery of trespassing livestock

76-16-318. Unlawful recovery of trespassing livestock.
Any person taking or rescuing from the possession of a state district or an agent of a state district any animal taken up and impounded pursuant to 76-16-310 through 76-16-317 is guilty of a misdemeanor and upon conviction shall be punishable by a fine not exceeding $200.
History: En. Sec. 26, Ch. 208, L. 1939; amd. Sec. 7, Ch. 199, L. 1945; amd. Sec. 4, Ch. 257, L. 1955; R.C.M. 1947, 46-2326(10); amd. Sec. 28, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 3. Organization, Administration, and Operation › 76-16-319. No liability for official acts

76-16-319. No liability for official acts.
An officer, the commission, an employee of an officer or the commission, or an employee of any county or of any state district is not liable for any act performed in good faith in discharging official duties under this chapter. All acts are presumed to have been in good faith and in conformity with this chapter.
History: En. Sec. 26, Ch. 208, L. 1939; amd. Sec. 7, Ch. 199, L. 1945; amd. Sec. 4, Ch. 257, L. 1955; R.C.M. 1947, 46-2326(8); amd. Sec. 311, Ch. 418, L. 1995; amd. Sec. 26, Ch. 401, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 3. Organization, Administration, and Operation › 76-16-320. Maintenance of fences

76-16-320. Maintenance of fences.
(1) The cost of construction and maintenance of fence enclosing lands controlled by any member, nonmember, or state district within the external boundaries of the state district must be borne by the member, nonmember, or state district, unless otherwise provided for in the duly approved bylaws of the state district.
(2) In the event of the adoption of provisions to the bylaws of a state district whereby the cost of construction and maintenance of fence is to be distributed proportionately among the parties affected by the cost of construction and maintenance of fence, the state district's proportionate share of the costs and maintenance must be financed only by assessments levied by the state district against the permittee members of the state district and upon consent by 55% of the permittee members.
History: En. Sec. 26, Ch. 208, L. 1939; amd. Sec. 7, Ch. 199, L. 1945; amd. Sec. 4, Ch. 257, L. 1955; R.C.M. 1947, 46-2326(11), (12); amd. Sec. 29, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 3. Organization, Administration, and Operation › 76-16-321. Construction of trespass and fence provisions

76-16-321. Construction of trespass and fence provisions.
(1) Sections 76-16-310 through 76-16-320 shall not be interpreted to repeal or abolish any other legal remedies which a member, a permittee, or a state district may now have against trespassing livestock or the owner or persons in control thereof. The remedies provided by 76-16-310 through 76-16-320 are additional and supplemental to the remedies provided by any other laws of the state of Montana.
(2) Nothing contained in 76-16-310 through 76-16-320 shall be so construed as to restrict the right of parties to obtain injunctive relief from a court of competent jurisdiction.
History: (1)En. Sec. 8, Ch. 199, L. 1945; Sec. 46-2327, R.C.M. 1947; (2)En. Sec. 26, Ch. 208, L. 1939; amd. Sec. 7, Ch. 199, L. 1945; amd. Sec. 4, Ch. 257, L. 1955; Sec. 46-2326, R.C.M. 1947; R.C.M. 1947, 46-2326(13), 46-2327.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 3. Organization, Administration, and Operation › 76-16-322. Fence-out requirement

76-16-322. Fence-out requirement.
Farming lands lying within the external boundaries of a state district must be protected by the owner or lessee to the extent of a legal fence as described in 81-4-101. The state district or its members are not liable for damages unless the farming lands are protected by a sufficient fence as described in this section.
History: En. Sec. 27, Ch. 208, L. 1939; R.C.M. 1947, 46-2329(part); amd. Sec. 1, Ch. 249, L. 2015.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 3. Organization, Administration, and Operation › 76-16-323. State district finances

76-16-323. State district finances.
A state district may:
(1) fix and determine the amount of grazing fees to be imposed on members or nonmembers for the purpose of paying leases and operating expenses and fix and determine the amount of assessments to be made on members on a grazing preference basis for the purpose of acquiring lands by purchase or for the purpose of constructing improvements in the state district;
(2) set up and maintain a reasonable reserve fund;
(3) borrow money and if necessary mortgage the physical assets of a state district to provide for operation and development, provided that at least 80% of the permittee members of the state district consent in writing to the borrowing and the borrowing has been approved by the commission. This subsection does not confer power upon a state district to mortgage the property of the individual members of the state district.
History: En. Sec. 12, Ch. 208, L. 1939; amd. Sec. 42, Ch. 253, L. 1974; amd. Sec. 1, Ch. 22, L. 1977; R.C.M. 1947, 46-2312(6), (9), (10); amd. Sec. 27, Ch. 401, L. 1999; amd. Sec. 30, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 3. Organization, Administration, and Operation › 76-16-324. Lawsuits involving district

76-16-324. Lawsuits involving district.
A state district may sue or be sued in its corporate name.
History: En. Sec. 12, Ch. 208, L. 1939; amd. Sec. 42, Ch. 253, L. 1974; amd. Sec. 1, Ch. 22, L. 1977; R.C.M. 1947, 46-2312(2).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 3. Organization, Administration, and Operation › 76-16-325. Compliance with commission orders required

76-16-325. Compliance with commission orders required.
(1) If a state district or the directors of a state district fail to comply with an order of the commission, the commission may order a hearing on the order within the state district or county and cite the directors of the state district to appear before the commission.
(2) If upon the hearing it appears that the directors refuse to perform the duties of their office as provided in this part and as set forth in the articles of incorporation and the bylaws of the association or refuse to comply with a lawful order of the commission, the directors may be summarily removed from office by the commission, and the state district shall elect new officers. During the period until the election, the commission may operate and manage the affairs of the state district.
(3) The expense of operating and managing the affairs of a noncomplying state district must be paid by the noncomplying state district before it may be reinstated.
History: En. Sec. 7, Ch. 208, L. 1939; amd. Sec. 2, Ch. 199, L. 1945; amd. Sec. 37, Ch. 253, L. 1974; R.C.M. 1947, 46-2307(part); amd. Sec. 312, Ch. 418, L. 1995; amd. Sec. 28, Ch. 401, L. 1999; amd. Sec. 31, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 4. Grazing Permit System › 76-16-401. Distribution of grazing preferences

76-16-401. Distribution of grazing preferences.
When a state district is organized, grazing preferences must be distributed in the following manner:
(1) Any member of a state district owning or controlling dependent commensurate property may be given a grazing preference.
(2) If the carrying capacity of the range exceeds the reasonable needs of the members owning or controlling dependent commensurate property, members owning or controlling commensurate property shall have the grazing preference.
(3) If the carrying capacity of the range exceeds the reasonable needs of the members owning or controlling dependent commensurate property or commensurate property, temporary grazing permits may be issued to nonmembers or members, preferring those that have used the range 5 years immediately preceding the organization of the state district.
History: En. Sec. 20, Ch. 208, L. 1939; amd. Sec. 5, Ch. 199, L. 1945; amd. Sec. 3, Ch. 163, L. 1953; amd. Sec. 3, Ch. 257, L. 1955; R.C.M. 1947, 46-2320(part); amd. Sec. 32, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 4. Grazing Permit System › 76-16-402. Conversion of temporary permittee lands to dependent commensurate property

76-16-402. Conversion of temporary permittee lands to dependent commensurate property.
(1) When a temporary permit is utilized by a permittee in connection with forage-producing lands owned or controlled by the permittee within or near the state district for a period of any combination of 4 years out of 5, then the forage-producing lands owned or controlled by the permittee may be considered dependent commensurate property and, upon application, the state district may accordingly grant such permittee membership and grazing preference in the state district providing an application had been made for temporary rights for each of the 5 years.
(2) However, temporary permits are privileges granted from year to year, and their possession does not establish a grazing preference right unless a grazing preference right is expressly granted by the state district and in the manner provided in this part.
History: En. Sec. 20, Ch. 208, L. 1939; amd. Sec. 5, Ch. 199, L. 1945; amd. Sec. 3, Ch. 163, L. 1953; amd. Sec. 3, Ch. 257, L. 1955; R.C.M. 1947, 46-2320(part); amd. Sec. 33, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 4. Grazing Permit System › 76-16-403. Procedure if reduction in grazing privileges necessary

76-16-403. Procedure if reduction in grazing privileges necessary.
(1) If a reduction in grazing privileges becomes necessary, operators with temporary permits will be reduced on a proportionate basis prior to any reduction to any holder of grazing preference.
(2) Reductions of grazing preference for individual members that result from actions beyond the control of the state district or the board of directors of a state district or as a result of actions or of the failure to take appropriate actions by the holder of the grazing preference in question do not require a general reduction in grazing preference, and the state district may not be compelled to require proportionate reductions in grazing preference, by the membership of the state district.
History: En. Sec. 20, Ch. 208, L. 1939; amd. Sec. 5, Ch. 199, L. 1945; amd. Sec. 3, Ch. 163, L. 1953; amd. Sec. 3, Ch. 257, L. 1955; R.C.M. 1947, 46-2320(part); amd. Sec. 29, Ch. 401, L. 1999; amd. Sec. 34, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 4. Grazing Permit System › 76-16-404. Application for grazing preferences

76-16-404. Application for grazing preferences.
Any person entitled to grazing preferences within any state district based on dependent commensurate property or commensurate property shall make application within 1 year after the state district is organized to qualify for grazing preference. However, all permittees must be entitled to benefits accruing under 76-16-401 through 76-16-403.
History: En. Sec. 21, Ch. 208, L. 1939; amd. Sec. 6, Ch. 199, L. 1945; R.C.M. 1947, 46-2321(part); amd. Sec. 35, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 4. Grazing Permit System › 76-16-405. Grazing preferences appurtenant to dependent commensurate property and commensurate property

76-16-405. Grazing preferences appurtenant to dependent commensurate property and commensurate property.
Grazing preferences run with and are appurtenant to the dependent commensurate and commensurate property upon which they are based except as provided in this chapter. They are not subject to devise, bequest, attachment, execution, lease, sale, exchange, transfer, pledge, mortgage, or other process or transaction, except as provided in this section, 76-16-406 through 76-16-409, 76-16-412, and 76-16-413 or in the bylaws of a state district.
History: Ap. p. Sec. 22, Ch. 208, L. 1939; amd. Sec. 4, Ch. 163, L. 1953; amd. Sec. 1, Ch. 24, L. 1971; amd. Sec. 49, Ch. 253, L. 1974; Sec. 46-2322, R.C.M. 1947; Ap. p. Sec. 2, Ch. 208, L. 1939; amd. Sec. 1, Ch. 199, L. 1945, amd. Sec. 37, Ch. 253, L. 1974; Sec. 46-2302, R.C.M. 1947; R.C.M. 1947, 46-2302(part), 46-2322(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 4. Grazing Permit System › 76-16-406. Transfer of grazing preferences

76-16-406. Transfer of grazing preferences.
(1) Upon application by a permittee, the state district with the approval of the commission may allow a grazing preference based on ownership or control of dependent commensurate or commensurate property to be transferred to other property of sufficient commensurability. However, in any transfer of grazing preference from dependent commensurate or commensurate property controlled but not owned by the applicant, the applicant must have had control and use of the dependent commensurate or commensurate property and the grazing preference appurtenant to the property for 5 consecutive years and must have established and maintained the livestock operation upon which the dependency was established by use or priority immediately prior to the application for transfer.
(2) In addition, the transfer may not interfere with the stability of livestock operations or with proper range management and may not affect adversely the established local economy. A transfer may not be allowed without the written consent of the owner or owners of the dependent commensurate or commensurate property from which the transfer is to be made and the owner or owners of any encumbrances on the property. A transfer is not effective until approved by the commission.
(3) All expenses involved under the application must be borne by the applicant.
History: En. Sec. 22, Ch. 208, L. 1939; amd. Sec. 4, Ch. 163, L. 1953; amd. Sec. 1, Ch. 24, L. 1971; amd. Sec. 49, Ch. 253, L. 1974; R.C.M. 1947, 46-2322(part); amd. Sec. 24, Ch. 266, L. 1979; amd. Sec. 30, Ch. 401, L. 1999; amd. Sec. 36, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 4. Grazing Permit System › 76-16-407. Processing of application for transfer

76-16-407. Processing of application for transfer.
(1) When an application for transfer is presented to the board of directors of a state district, the secretary of the state district upon the direction of that board shall give notice, setting forth in general the application and the time and place of a hearing on the application as fixed by the board. A copy of the notice must be given or mailed to the applicant and must be published at least once a week for 2 successive weeks prior to the hearing in a newspaper published or generally circulated within the state district. The notice must also be posted for at least 2 full weeks prior to the hearing in three public places within the state district.
(2) The date of the hearing must be at least 15 days from the first publication of the notice. At the hearing the directors shall fully hear and determine the application and any objections to the application.
History: En. Sec. 22, Ch. 208, L. 1939; amd. Sec. 4, Ch. 163, L. 1953; amd. Sec. 1, Ch. 24, L. 1971; amd. Sec. 49, Ch. 253, L. 1974; R.C.M. 1947, 46-2322(2); amd. Sec. 37, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 4. Grazing Permit System › 76-16-408. Effect of transfer of grazing preference

76-16-408. Effect of transfer of grazing preference.
Upon the allowance of a transfer under 76-16-405 through 76-16-407, the property from which the transfer is made loses its grazing preference to the extent of the grazing preference transferred.
History: En. Sec. 22, Ch. 208, L. 1939; amd. Sec. 4, Ch. 163, L. 1953; amd. Sec. 1, Ch. 24, L. 1971; amd. Sec. 49, Ch. 253, L. 1974; R.C.M. 1947, 46-2322(3); amd. Sec. 38, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 4. Grazing Permit System › 76-16-409. Transfer of underlying property

76-16-409. Transfer of underlying property.
(1) When the land to which a grazing preference is attached changes its control or ownership, the grazing preference changes with the land and the person to which the control or ownership changes shall secure a nonuse permit or shall pay the usual grazing fees.
(2) If the person fails to secure a nonuse permit or refuses to pay the grazing fees, the grazing preferences may be revoked by the state district.
History: En. Sec. 22, Ch. 208, L. 1939; amd. Sec. 4, Ch. 163, L. 1953; amd. Sec. 1, Ch. 24, L. 1971; amd. Sec. 49, Ch. 253, L. 1974; R.C.M. 1947, 46-2322(part); amd. Sec. 39, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 4. Grazing Permit System › 76-16-410. Compensation to state district for range improvements

76-16-410. Compensation to state district for range improvements.
Subsequent lessees or owners of land shall compensate a state district for the value of range improvements constructed with the consent of the owner upon lands leased by the state district. The value must be the value at the expiration date of the lease. If the owner and the state district cannot agree as to the value, the state district may either remove or abandon the improvement. If the subsequent lessee and the state district cannot agree as to the value, it must be fixed by the commission.
History: En. Sec. 23, Ch. 208, L. 1939; amd. Sec. 50, Ch. 253, L. 1974; R.C.M. 1947, 46-2323; amd. Sec. 40, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 4. Grazing Permit System › 76-16-411. Grazing permits to owners of land not controlled by state district

76-16-411. Grazing permits to owners of land not controlled by state district.
(1) When any land is situated within the boundaries of a state district and is not leased or controlled by the state district and not surrounded by a legal fence, any person owning or controlling these lands has the right to obtain a grazing permit from the state district, the size of which must be determined by the carrying capacity of the land, full consideration being given for location of necessary stock water. The use of the permit is subject to all regulations by the state district.
(2) If the person owning or controlling the land declines to secure a permit or fails to lease the land to the state district at a fair lease rental and fails to fence the land at the person's expense, the person is not entitled to recover damages for trespass by stock grazing under permit, but the state district may not issue a permit to use the carrying capacity of the land.
History: En. Sec. 27, Ch. 208, L. 1939; R.C.M. 1947, 46-2329(part); amd. Sec. 41, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 4. Grazing Permit System › 76-16-412. Revocation of grazing preferences upon failure to obtain permits, pay fees, or obey rules

76-16-412. Revocation of grazing preferences upon failure to obtain permits, pay fees, or obey rules.
(1) If a person controls but does not own land and does not secure a nonuse permit and refuses to pay grazing fees, the state district shall notify the owner of the land by certified mail that the grazing preference attached to the land will be revoked unless the owner pays the usual grazing fees to the state district within 60 days from the time of receipt of the notice. The state district may revoke the grazing preference if the owner or mortgagor does not pay the fees or secure a nonuse permit.
(2) If a permittee fails to pay grazing fees or assessments levied by the state district or fails to obtain a nonuse permit or violates any of the rules of the state district, the state district may notify the permittee and owner of the land by certified mail that the grazing preference attached to the land will be revoked unless the grazing fees or assessments are paid or the permittee ceases to violate the rules laid down by the state district within 60 days from the time of receipt of the notice. The state district may revoke the grazing preference if the permittee or owner fails to pay the charges or comply.
History: En. Sec. 22, Ch. 208, L. 1939; amd. Sec. 4, Ch. 163, L. 1953; amd. Sec. 1, Ch. 24, L. 1971; amd. Sec. 49, Ch. 253, L. 1974; R.C.M. 1947, 46-2322(part); amd. Sec. 42, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 4. Grazing Permit System › 76-16-413. Effect of revocation

76-16-413. Effect of revocation.
(1) When a grazing preference is revoked, it is detached from the dependent commensurate or commensurate property to which it was formerly appurtenant and it immediately shifts to the state district. A revocation includes all rights, privileges, and authorities associated with a grazing preference.
(2) The state district may then allocate it to either dependent commensurate or commensurate property in the manner provided by its bylaws.
History: En. Sec. 22, Ch. 208, L. 1939; amd. Sec. 4, Ch. 163, L. 1953; amd. Sec. 1, Ch. 24, L. 1971; amd. Sec. 49, Ch. 253, L. 1974; R.C.M. 1947, 46-2322(7); amd. Sec. 31, Ch. 401, L. 1999; amd. Sec. 43, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 4. Grazing Permit System › 76-16-414. Equalization of state district assets

76-16-414. Equalization of state district assets.
(1) Whenever a state district possesses reserves, the values of which are greater than its liabilities, and the state district determines that a part of the reserves is in excess of its reasonable needs to operate the state district, the state district may refund to the permittee members their proportionate share of the reserves as determined at the last annual accounting.
(2) Whenever a state district possesses reserves and physical assets, the values of which are greater than its liabilities, and a permittee member loses a grazing preference or any portion of a grazing preference, the permittee member is entitled to receive a proportionate share of the value of the excess from the state district, as determined by the annual accounting of the state district. Valuation must be as prescribed by the bylaws of the state district. The state district may set off the amount of any claim it may have against a former member.
(3) Whenever a new member receives a grazing preference, the new member shall, as a condition of receiving the grazing preference, pay to the state district the value of the equitable interest in the physical assets and reserve fund that accrues to the new member by virtue of membership. The value must be determined at the time of receiving a grazing preference, as prescribed by the bylaws of the state district, and upon the basis of the determination of value of physical assets and reserves made at the last annual accounting.
History: En. Sec. 24, Ch. 208, L. 1939; amd. Sec. 5, Ch. 163, L. 1953; R.C.M. 1947, 46-2324; amd. Sec. 32, Ch. 401, L. 1999; amd. Sec. 44, Ch. 31, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 16. Grazing Districts › Part 4. Grazing Permit System › 76-16-415. Application to trespass actions

76-16-415. Application to trespass actions.
Sections 76-16-405 through 76-16-409, 76-16-412, and 76-16-413 do not apply to trespass violations.
History: En. Sec. 22, Ch. 208, L. 1939; amd. Sec. 4, Ch. 163, L. 1953; amd. Sec. 1, Ch. 24, L. 1971; amd. Sec. 49, Ch. 253, L. 1974; R.C.M. 1947, 46-2322(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 17. Public Land Access › Part 1. Public Land Access Network Grant Program › 76-17-101. Definitions

76-17-101. (Temporary) Definitions.
As used in this part, unless the context clearly indicates otherwise, the following definitions apply:
(1) "Board" means the board of land commissioners.
(2) "Department" means the department of natural resources and conservation. (Terminates June 30, 2027--sec. 10, Ch. 374, L. 2017.)
History: En. Sec. 1(5), Ch. 374, L. 2017.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 17. Public Land Access › Part 1. Public Land Access Network Grant Program › 76-17-102. Montana public land access network grant program -- donations -- rulemaking

76-17-102. (Temporary) Montana public land access network grant program -- donations -- rulemaking.
(1) There is a Montana public land access network grant program. An individual or organization may seek a grant from the program to secure public access through private land to public land, as defined in 15-30-2380, for which there is no other legal public access or to enhance existing access to public land.
(2) The grant program is funded by private donations. State agencies shall, as appropriate, facilitate private donations to the Montana public land access network account established in 76-17-103, including but not limited to the following methods:
(a) a donation by a person of $1 or more above the price of a conservation license purchased pursuant to 87-2-202; and
(b) a donation by a person, as defined in 2-4-102, through the websites of the department of natural resources and conservation, the department of fish, wildlife, and parks, and the state of Montana.
(3) (a) The department of natural resources and conservation shall adopt a logo for the Montana public land access network grant program, using the acronym "MT-PLAN". The department of natural resources and conservation and the department of fish, wildlife, and parks shall use the logo on signs and maps indicating the locations and access points of public lands made accessible through the grant program.
(b) Subject to the limitations provided in 76-17-103(4), either department may be reimbursed from the Montana public land access network account established in 76-17-103 for reasonable costs, as determined by the board, that are associated with subsection (3)(a).
(4) The department of natural resources and conservation may adopt rules to implement the provisions of this part. (Terminates June 30, 2027--sec. 10, Ch. 374, L. 2017.)
History: En. Sec. 1(1)-(4), Ch. 374, L. 2017; amd. Sec. 2, Ch. 221, L. 2019; amd. Sec. 4, Ch. 507, L. 2023.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 17. Public Land Access › Part 1. Public Land Access Network Grant Program › 76-17-103. Montana public land access network account

76-17-103. (Temporary) Montana public land access network account.
(1) There is a Montana public land access network account to the credit of the department in the state special revenue fund established in 17-2-102. Money deposited in the account is statutorily appropriated, as provided in 17-7-502, and may be used only for the purposes of this part.
(2) The following funds must be deposited in the account:
(a) money received pursuant to 76-17-102 or from any other source for the purposes of this part; and
(b) any interest or income earned on the account.
(3) The department shall make disbursements from the account for access project grants that are approved by the board pursuant to 76-17-104.
(4) An amount that equals up to 10% of the grants awarded pursuant to this part in each fiscal year may be used by the department for administrative purposes. In addition, during the first 5 years of the grant program, the department may use up to 5% of the funds in the account each year to advertise the Montana public land access network. After that, the department may use up to 2% of the funds in the account each year for advertising. All administrative costs paid from the account must be approved by the board.
(5) Any unspent or unencumbered money in the account at the end of a fiscal year must remain in the account.
(6) Any unspent or unencumbered money in the account on June 30, 2027, must be transferred to a state special revenue account to the credit of the department and used to secure public access to public land for which there is no other legal public access or to enhance existing access to public land. (Terminates June 30, 2027--sec. 10, Ch. 374, L. 2017.)
History: En. Sec. 2, Ch. 374, L. 2017.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 17. Public Land Access › Part 1. Public Land Access Network Grant Program › 76-17-104. Grants -- eligibility

76-17-104. (Temporary) Grants -- eligibility.
(1) An individual or organization may apply to the department for a grant to pay for costs associated with an access project that secures public access through private land to public land, as defined in 15-30-2380, for which there is no other legal public access or to enhance existing access to public land. The costs must include payments to the owner of private land who allows public access. Grants may not be made to pay costs associated with litigation related to public access.
(2) An access project that is eligible to receive a grant:
(a) (i) except as provided in subsection (2)(a)(ii), must provide public access for recreational purposes; and
(ii) if the access project would provide access to state trust land, as defined in 77-1-101, must provide access for all lawful purposes to the state trust land;
(b) may have a term that ranges from 3 years to in perpetuity. A termed easement that is awarded a grant pursuant to this section creates no expectation of access after the term expires.
(c) may not provide access to a previously inaccessible parcel of land if that parcel is leased state land under Title 77, chapter 1, and the lessee is not the landowner granting access to the parcel.
(3) The department shall make recommendations to the board regarding grant applications received pursuant to this section. A grant must be approved by the board before it is disbursed pursuant to 76-17-103.
(4) An access easement that is awarded a grant pursuant to this part must be held and enforced by the department.
(5) The department shall report the details of approved access project grants to the legislative auditor. (Terminates June 30, 2027--sec. 10, Ch. 374, L. 2017.)
History: En. Sec. 3, Ch. 374, L. 2017.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 21. Youth Conservation Corps (Terminated) › Part 2. Projects -- Corpsmembers (Terminated) › 76-21-201. Terminated

76-21-201. Terminated.
Sec. 14, Ch. 652, L. 1983.
History: En. Sec. 4, Ch. 652, L. 1983.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 21. Youth Conservation Corps (Terminated) › Part 2. Projects -- Corpsmembers (Terminated) › 76-21-205. Terminated

76-21-205. Terminated.
Sec. 14, Ch. 652, L. 1983.
History: En. Sec. 7, Ch. 652, L. 1983.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 21. Youth Conservation Corps (Terminated) › Part 2. Projects -- Corpsmembers (Terminated) › 76-21-206. Terminated

76-21-206. Terminated.
Sec. 14, Ch. 652, L. 1983.
History: En. Sec. 8, Ch. 652, L. 1983.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 21. Youth Conservation Corps (Terminated) › Part 2. Projects -- Corpsmembers (Terminated) › 76-21-207. Terminated

76-21-207. Terminated.
Sec. 14, Ch. 652, L. 1983.
History: En. Sec. 9, Ch. 652, L. 1983.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 21. Youth Conservation Corps (Terminated) › Part 3. Mitigation of Impacts on Established Labor (Terminated) › 76-21-301. Terminated

76-21-301. Terminated.
Sec. 14, Ch. 652, L. 1983.
History: En. Sec. 10, Ch. 652, L. 1983.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 21. Youth Conservation Corps (Terminated) › Part 3. Mitigation of Impacts on Established Labor (Terminated) › 76-21-302. Terminated

76-21-302. Terminated.
Sec. 14, Ch. 652, L. 1983.
History: En. Sec. 5, Ch. 652, L. 1983.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 21. Youth Conservation Corps (Terminated) › Part 3. Mitigation of Impacts on Established Labor (Terminated) › 76-21-303. Terminated

76-21-303. Terminated.
Sec. 14, Ch. 652, L. 1983.
History: En. Sec. 6, Ch. 652, L. 1983.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 22. Sage Grouse Habitat Management (Renumbered) › Part 1. Montana Greater Sage-Grouse Stewardship Act (Renumbered) › 76-22-101. Renumbered 87-5-901

76-22-101. Renumbered 87-5-901.
Sec. 3, Ch. 326, L. 2021.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 22. Sage Grouse Habitat Management (Renumbered) › Part 1. Montana Greater Sage-Grouse Stewardship Act (Renumbered) › 76-22-102. Renumbered 87-5-902

76-22-102. Renumbered 87-5-902.
Sec. 3, Ch. 326, L. 2021.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 22. Sage Grouse Habitat Management (Renumbered) › Part 1. Montana Greater Sage-Grouse Stewardship Act (Renumbered) › 76-22-103. Renumbered 87-5-903

76-22-103. Renumbered 87-5-903.
Sec. 3, Ch. 326, L. 2021.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 22. Sage Grouse Habitat Management (Renumbered) › Part 1. Montana Greater Sage-Grouse Stewardship Act (Renumbered) › 76-22-104. Renumbered 87-5-904

76-22-104. Renumbered 87-5-904.
Sec. 3, Ch. 326, L. 2021.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 22. Sage Grouse Habitat Management (Renumbered) › Part 1. Montana Greater Sage-Grouse Stewardship Act (Renumbered) › 76-22-105. Renumbered 87-5-905

76-22-105. Renumbered 87-5-905.
Sec. 3, Ch. 326, L. 2021.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 22. Sage Grouse Habitat Management (Renumbered) › Part 1. Montana Greater Sage-Grouse Stewardship Act (Renumbered) › 76-22-109. Renumbered 87-5-909

76-22-109. Renumbered 87-5-909.
Sec. 3, Ch. 326, L. 2021.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 22. Sage Grouse Habitat Management (Renumbered) › Part 1. Montana Greater Sage-Grouse Stewardship Act (Renumbered) › 76-22-110. Renumbered 87-5-910

76-22-110. Renumbered 87-5-910.
Sec. 3, Ch. 326, L. 2021.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 22. Sage Grouse Habitat Management (Renumbered) › Part 1. Montana Greater Sage-Grouse Stewardship Act (Renumbered) › 76-22-111. Renumbered 87-5-911

76-22-111. Renumbered 87-5-911.
Sec. 3, Ch. 326, L. 2021.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 22. Sage Grouse Habitat Management (Renumbered) › Part 1. Montana Greater Sage-Grouse Stewardship Act (Renumbered) › 76-22-112. Renumbered 87-5-912

76-22-112. Renumbered 87-5-912.
Sec. 3, Ch. 326, L. 2021.