reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 1. General Provisions › 77-1-114. Prosecutions

77-1-114. Prosecutions.
(1) Whenever an arrest is made for any violation of the provisions of this title or whenever any information of a violation is given to the the county attorney of the county in which this act was committed, the county attorney shall prosecute the offender or offenders if in the county attorney's judgment the facts warrant the prosecution.
(2) If a county attorney fails to comply with the provisions of this section, the county attorney is guilty of a misdemeanor and, upon conviction, shall be fined not less than $100 or more than $1,000. Upon the county attorney's conviction, the district court in which the county attorney is convicted shall declare the county attorney's office vacant and notify the proper appointing power. Actions against the county attorney must be brought by the attorney general in the name of the state.
(3) The penalties of this section also apply to any magistrate with proper authority who refuses or neglects to cause the arrest and prosecution of any person when a complaint under oath of a violation of any of the provisions of this title has been lodged with the magistrate.
History: En. Sec. 17, Ch. 147, L. 1909; re-en. Sec. 1839, R.C.M. 1921; re-en. Sec. 1839, R.C.M. 1935; R.C.M. 1947, 81-1416; amd. Sec. 3, Ch. 15, L. 1979; amd. Sec. 2538, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 1. General Provisions › 77-1-115. Punishments

77-1-115. Punishments.
(1) An officer, employee, or representative of the state who is found guilty of a felony as defined in 77-1-112 is punishable by imprisonment in the state penitentiary for not less than 1 or more than 10 years, by a fine that may not be less than $500 or less than twice the amount of the loss that resulted to the state through the crime of which the officer, employee, or representative has been convicted, or by both.
(2) An officer, employee, or representative of the state who is found guilty of a misdemeanor as defined in 77-1-112 is punishable by imprisonment in a county jail not to exceed 1 year, by a fine that may not be less than $100 or less than twice the amount of the loss that resulted to the state through the crime of which the officer, employee, or representative has been convicted, or by both.
History: En. Sec. 119, Ch. 60, L. 1927; re-en. Sec. 1805.119, R.C.M. 1935; R.C.M. 1947, 81-1112; amd. Sec. 4, Ch. 15, L. 1979; amd. Sec. 2539, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 1. General Provisions › 77-1-116. Additional penalty

77-1-116. Additional penalty.
In addition to the penalties provided for in this code against those committing trespass upon any of the lands owned or held in trust or otherwise by the state, the board is hereby authorized and empowered, without legal process, to seize and take or cause to be seized and taken any and all lumber, wood, grass, or other property unlawfully severed from the lands, whether the same has been removed from said lands or not, and may dispose of the same at either public or private sale in such manner as will be most conducive to the interests of the state, and all moneys arising therefrom, after deducting the reasonable and necessary expenses of such seizure and sale, shall be a part of the permanent fund to which such lands may belong.
History: En. Sec. 7, p. 49, L. 1893; re-en. Sec. 3566, Pol. C. 1895; re-en. Sec. 2219, Rev. C. 1907; amd. Sec. 59, Ch. 147, L. 1909; re-en. Sec. 1879, R.C.M. 1921; re-en. Sec. 1879, R.C.M. 1935; R.C.M. 1947, 81-1602.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 1. General Provisions › 77-1-117. Disposition of fines and judgment proceeds

77-1-117. Disposition of fines and judgment proceeds.
(1) Unless otherwise provided, all money received as fines, fees, and forfeitures under this title or as penalties for the violation of any of the land laws of this state, except money received by a justice's court, must be paid to the department of revenue for deposit in the general fund.
(2) Unless otherwise provided, all money, including interest, awarded by a court as compensatory damages under this title or any of the land laws of this state for the wrongful use or occupation of state lands must be deposited in the account or fund in which the money would have been deposited had the party assessed with the damages complied with the land laws of this state and may be paid out of the account or fund only through an appropriation by the legislature.
History: En. Sec. 104, Ch. 147, L. 1909; amd. Sec. 1, Ch. 99, L. 1917; amd. Sec. 1, Ch. 171, L. 1919; amd. Sec. 1, Ch. 103, L. 1921; re-en. Sec. 1919, R.C.M. 1921; re-en. Sec. 1919, R.C.M. 1935; R.C.M. 1947, 79-1502; amd. Sec. 5, Ch. 15, L. 1979; amd. Sec. 49, Ch. 557, L. 1987; amd. Sec. 40, Ch. 257, L. 2001; amd. Sec. 1, Ch. 413, L. 2011.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 1. General Provisions › 77-1-118. Use of exploding targets prohibited -- definition -- penalty

77-1-118. Use of exploding targets prohibited -- definition -- penalty.
(1) The use of exploding targets on properties managed pursuant to this title is prohibited when the department of natural resources and conservation determines that fire danger is high, very high, or extreme.
(2) For the purposes of this section, "exploding targets" means commercial targets that explode when impacted by a high-velocity projectile or targets created by combining components, including but not limited to ammonium nitrate and aluminum powder, that explode when impacted by a high-velocity projectile.
(3) A person convicted of a violation of this section is guilty of a misdemeanor and shall be fined not more than $500 or be imprisoned in the county jail for not more than 6 months.
History: En. Sec. 2, Ch. 513, L. 2021.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 1. General Provisions › 77-1-121. Environmental review compliance -- exemptions

77-1-121. Environmental review compliance -- exemptions.
(1) Except as provided in 77-1-122, 77-1-1112, and subsection (2) of this section, the department and board are required to comply with the provisions of Title 75, chapter 1, parts 1 and 2, when implementing provisions within this title only if the department is actively proposing a sale or exchange or to issue a right-of-way, easement, placement of improvement, lease, license, or permit or is acting in response to an application for an authorization for a proposal.
(2) The department and board are exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when issuing any lease or license that expressly states that the lease or license is subject to further permitting under any of the provisions of Title 75 or 82.
(3) Except for rulemaking and as provided in subsection (1), the department and board are otherwise exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when implementing provisions within this title, including but not limited to the issuance of lease renewals. The department and board do not have an obligation to comply with the provisions of Title 75, chapter 1, parts 1 and 2, when implementing provisions within this title if the department or board chooses not to take any action, even though either may have the authority to take an action.
(4) The department and board are exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when taking actions, including preparing plans or proposals, in relation to and in compliance with the following local government actions:
(a) development or adoption of a growth policy or a neighborhood plan pursuant to Title 76, chapter 1;
(b) development or adoption of zoning regulations;
(c) review of a proposed subdivision pursuant to Title 76, chapter 3;
(d) actions related to annexation;
(e) development or adoption of plans or reports on extension of services; and
(f) other actions that are related to local planning.
(5) The department and board are exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when authorizing the following actions related to agricultural or grazing leases under Title 77, chapter 6, part 1:
(a) the repair, maintenance, or replacement of infrastructure;
(b) water developments that have a de minimis impact on the environment, including but not limited to placement of stockwater tanks and pipeline; and
(c) routine herbicide applications.
History: En. Sec. 2, Ch. 223, L. 1999; amd. Sec. 1, Ch. 478, L. 2001; amd. Sec. 1, Ch. 147, L. 2003; amd. Sec. 3, Ch. 318, L. 2003; amd. Sec. 2, Ch. 239, L. 2009; amd. Sec. 10, Ch. 359, L. 2011; amd. Sec. 1, Ch. 63, L. 2023.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 1. General Provisions › 77-1-122. Environmental review of energy development projects on state land

77-1-122. Environmental review of energy development projects on state land.
(1) Except as provided in subsection (2), the scope of any environmental review under Title 75, chapter 1, parts 1 and 2, for a proposed action on state land is limited to the impacts of the proposed action within the boundaries of the state land parcel or parcels in which the proposed state action is taking place if the:
(a) board or the department, pursuant to this title, is proposing a sale or exchange or to issue a right-of-way, easement, placement of improvement, lease, license, or permit or if the department or board is acting in response to an application for an authorization for a proposal; and
(b) state action is part of a larger energy development project that includes private or federal land that is not subject to permitting or certification under Title 75 or Title 82.
(2) If more than 33% of the total land area physically occupied by the proposed energy development project provided for in subsection (1) is state land, then the scope of the environmental review under Title 75, chapter 1, parts 1 and 2, for the proposed action must include the total land area, including federal and private land, that will be occupied by the proposed energy development project.
History: En. Sec. 1, Ch. 239, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 1. General Provisions › 77-1-125. Liability for unauthorized installation or construction of facility or structure on state trust land -- penalty

77-1-125. Liability for unauthorized installation or construction of facility or structure on state trust land -- penalty.
(1) A person, other than the lessee of the affected state trust land, may not, after September 30, 1997:
(a) install or construct a road, pipeline, ditch, utility line, fence, building, or other facility or structure on state trust land without obtaining an easement, lease, license, or other written permission of the department; or
(b) disturb state trust land in anticipation of the installation or construction of the facility or structure.
(2) A person who violates subsection (1) is liable to the department for a civil penalty in an amount determined by the board. The penalty may be an amount up to three times the full market value of the land disturbed or affected or $500, whichever is greater.
(3) In addition to the penalty provided for in subsection (2), a person who installs or constructs a facility or structure on state trust land without permission is liable for any permanent damage to the state trust land and may be required to remove the facility or structure and to reclaim the disturbed land to the satisfaction of the department or to pay the department's cost of removal and reclamation.
(4) If the department allows the facility or structure to remain on state trust land, the department shall also require payment of full market value of any easement, lease, or license required for the facility or structure.
(5) The penalties provided in this section do not apply to the lessee of the affected state trust land. The remedies and penalties provided in a state trust easement, lease, or license and the statutes and regulations under which the easement, lease, or license was entered are the exclusive remedies and penalties that may be applied to a lessee.
(6) The penalties provided in this section do not apply to persons who have inadvertently installed or constructed pipelines or utility lines within 20 feet of the easement boundaries granted by the state.
(7) The penalties provided in this section do not apply to facilities or structures installed on lands acquired by the state through exchange or purchase that were authorized with the permission of the previous landowner or through authority granted by an appropriate government agency.
History: En. Sec. 1, Ch. 460, L. 1997; amd. Sec. 21, Ch. 275, L. 2017.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 1. General Provisions › 77-1-126. Notice of noncompliance

77-1-126. Notice of noncompliance.
(1) When the department finds that noxious weeds on leased state land or on state land subject to a license or permit have not been controlled as required by 7-22-2116, the lease, the license, or the permit, the department shall contact the lessee, licensee, or permittee and require that a weed management and control program be implemented. The lessee, licensee, or permittee may request that an inspection of the state land be made with department staff. The department shall seek voluntary compliance with a noxious weed management and control program for the state lands prior to issuing a notice of noncompliance. If the lessee, licensee, or permittee fails to implement a weed management and control program when directed by the department, the department shall notify the lessee, licensee, or permittee by mail of the noncompliance. The notice must specify:
(a) the basis for the determination of noncompliance;
(b) the geographic location of the area of noncompliance by legal description or other reasonably identifiable description;
(c) measures to be undertaken in order to comply with the weed control responsibilities of the lease, license, or permit;
(d) a reasonable period of time, not less than 15 days, in which compliance measures must be initiated;
(e) the right of the person to request, within 15 days, an administrative hearing as provided by 77-1-128; and
(f) the right of the person to request an extension if the measures in subsection (1)(c) cannot be implemented due to climatic or growing conditions.
(2) At least 2 weeks prior to sending a notice of noncompliance, the department shall send by certified mail to the lessee, licensee, or permittee a final notice that the weed management and control program has not been implemented.
(3) This section may not be construed to interfere with the right of the owner of property adjacent to a navigable river or stream to control noxious weeds on the land adjacent to the navigable river or stream.
History: En. Sec. 2, Ch. 164, L. 2007; amd. Sec. 7, Ch. 472, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 1. General Provisions › 77-1-127. Department authorized to control weeds -- billing for weed control

77-1-127. Department authorized to control weeds -- billing for weed control.
(1) If the lessee, licensee, or permittee fails to take corrective action or if a request for an administrative hearing is not made within the time specified in the notice, the department may enter state land covered by the lease, license, or permit and institute appropriate weed control measures. The department may enter into an agreement with a commercial applicator, as defined in 80-8-102, or with the appropriate weed management district organized under 7-22-2102 to control the weeds. The commercial applicator or the weed management district shall agree to carry any insurance required by the department.
(2) The department shall submit a bill to the lessee, licensee, or permittee itemizing the hours of labor, material, and equipment time and listing the actual total cost incurred by the department to take the weed control measures, together with a penalty not exceeding 50% of the total cost. The bill must specify and order a payment due date of 30 days from the date the bill is sent. If payment is not received within 30 days, the department may cancel the lease, license, or permit. Money recovered under this section must be placed in the trust land administration account established in 77-1-108, except that penalties collected must be distributed annually to the trusts for the lands on which the weed control action was taken.
(3) If a person receiving an order to take corrective action requests an administrative hearing, the department may not institute control measures until the matter is finally resolved, except in case of an emergency. In an emergency, the person is liable for department costs allowed by this section only to the extent determined appropriate by the director or the court that finally resolves the matter.
(4) This section may not be construed to interfere with the right of the owner of property adjacent to a navigable river or stream to control noxious weeds on the land adjacent to the navigable river or stream.
History: En. Sec. 3, Ch. 164, L. 2007; amd. Sec. 10, Ch. 465, L. 2009; amd. Sec. 8, Ch. 472, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 1. General Provisions › 77-1-128. Administrative hearings

77-1-128. Administrative hearings.
(1) A person adversely affected by any notice, action, or order of the department may, within the timeframe stated in the notice of noncompliance provided for in 77-1-126, request an administrative hearing before the director or the director's designee. The director or the director's designee shall hold a hearing within 30 days of the request. Participants may be represented by legal counsel. The director or the director's designee shall make a record of the proceeding and enter an order and findings within 30 days after the hearing.
(2) Within 30 days after the director or the director's designee renders an order and findings, the person adversely affected may file a petition in district court requesting that the order and findings be set aside or modified. The court may affirm, modify, or set aside the order complained of, in whole or in part.
History: En. Sec. 4, Ch. 164, L. 2007.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 1. General Provisions › 77-1-129. Rulemaking authority

77-1-129. Rulemaking authority.
The department may adopt rules to implement 77-1-126 through 77-1-128.
History: En. Sec. 5, Ch. 164, L. 2007.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 1. General Provisions › 77-1-131. State lands historic right-of-way account

77-1-131. (Temporary) State lands historic right-of-way account.
There is a state lands historic right-of-way account in the state special revenue fund. The application fee collected by the department pursuant to 77-1-130(1)(a) must be deposited in the account. Money in the account must be used for the expenses of the department in administering 77-1-130. Money in the account on the termination date of the account must be deposited in the general fund. (Terminates October 1, 2031--secs. 2 through 5, Ch. 325, L. 2015.)
History: En. Sec. 2, Ch. 461, L. 1997; amd. Sec. 24, Ch. 389, L. 1999.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 1. General Provisions › 77-1-132. Earnings reserve account

77-1-132. Earnings reserve account.
(1) There is an earnings reserve account in the state special revenue fund.
(2) Funds are deposited in the earnings reserve account in accordance with the provisions of 77-1-108(4)(a) and must be accounted for by trust.
(3) The balance of this account may not exceed two times the appropriation to the trust land administration account for the last completed fiscal year prior to the legislative session that will appropriate money for the next biennium.
(4) The earnings reserve account must be invested. Any interest earned must be deposited in the earnings reserve account in proportionate share to each fund's contribution to the account.
History: En. Sec. 23, Ch. 465, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 1. General Provisions › 77-1-134. Irrigation structures, utility structures, and bridges of formerly taxable land -- water rights

77-1-134. Irrigation structures, utility structures, and bridges of formerly taxable land -- water rights.
(1) If an irrigation structure, a utility structure, or a bridge was placed on land that consists of the bed of a navigable river or stream, the irrigation structure, utility structure, or bridge remains the property of the original owner or the original owner's successors in interest or assignees. Subject to 77-1-1112(10), access to the irrigation structures, utility structures, and bridges described in this section for the purposes of operation, maintenance, repair, enhancement, or improvement may not be impeded by the state.
(2) Subject to 77-1-1112(10), the change of designation of the bed of a navigable river or stream from a taxable to a nontaxable status may not interfere with or impede the exercise of a water right, including a livestock watering right for which a claim was not required to be filed pursuant to 85-2-212 and 85-2-222.
History: En. Sec. 4, Ch. 472, L. 2009; amd. Sec. 11, Ch. 359, L. 2011.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 1. General Provisions › 77-1-141. Determination of date of delivery

77-1-141. Determination of date of delivery.
The date of delivery for a lease, license, permit, or agreement issued by the board or department under this title or under a rule implementing this title or for a document or payment required by the terms of the lease, license, permit, or agreement is:
(1) for mailing by means of the United States postal service, the date of the postmark stamped on the cover in which the document or payment is transmitted; or
(2) for delivery by means other than by the United States postal service or if there is no postmark stamped on a mailing delivered by the United States postal service, the date of actual physical receipt by the department.
History: En. Sec. 1, Ch. 67, L. 2001.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 1. General Provisions › 77-1-145. Enabling Act enforcement -- findings

77-1-145. Enabling Act enforcement -- findings.
(1) The legislature finds that:
(a) section 13 of The Enabling Act requires that 5% of the proceeds from public lands in Montana sold by the United States, after deduction of expenses, must be paid to the state for the support of the common schools;
(b) the United States incorrectly interprets The Enabling Act provision cited in subsection (1)(a) to only include the sale of lands managed by the secretary of the interior; and
(c) the United States owes Montana 5% of the proceeds of all public land in Montana sold by the United States government since November 8, 1889.
(2) The attorney general shall pursue, to the extent feasible using available state resources, payment of the funds owed to Montana pursuant to subsection (1).
(3) Any money paid to the state pursuant to this section must be deposited in the permanent fund for the support of common schools as referenced in section 13 of The Enabling Act.
History: En. Sec. 1, Ch. 345, L. 2015.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 2. Board of Land Commissioners › 77-1-201. Board -- meetings and officers

77-1-201. Board -- meetings and officers.
(1) The board shall hold regular meetings at least once each month and may hold special meetings whenever considered necessary upon call of the president or a majority of the members.
(2) Three members of the board constitute a quorum for the transaction of business. The governor is the president of the board. In the governor's absence, the lieutenant governor shall preside, and in the lieutenant governor's absence, the superintendent of public instruction shall preside.
History: En. Sec. 4, Ch. 60, L. 1927; re-en. Sec. 1805.4, R.C.M. 1935; amd. Sec. 4, Ch. 428, L. 1973; R.C.M. 1947, 81-104; amd. Sec. 2540, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 2. Board of Land Commissioners › 77-1-202. Powers and duties of board

77-1-202. Powers and duties of board.
(1) The board shall exercise general authority, direction, and control over the care, management, and disposition of state lands and, subject to the investment authority of the board of investments, the funds arising from the leasing, use, sale, and disposition of those lands or otherwise coming under its administration. In the exercise of these powers, the guiding principle is that these lands and funds are held in trust for the support of education and for the attainment of other worthy objects helpful to the well-being of the people of this state as provided in The Enabling Act. The board shall administer this trust to:
(a) secure the largest measure of legitimate and reasonable advantage to the state; and
(b) provide for the long-term financial support of education.
(2) It is consistent with the powers and duties provided in subsection (1) that the people are entitled to general recreational use of state lands to the extent that the trusts are compensated for the value of the recreation.
(3) When acquiring land for the state, the board shall determine the value of the land after an appraisal by a qualified land appraiser.
History: En. Sec. 3, Ch. 60, L. 1927; re-en. Sec. 1805.3, R.C.M. 1935; amd. Sec. 1, Ch. 113, L. 1969; amd. Sec. 1, Ch. 67, L. 1973; amd. Sec. 3, Ch. 428, L. 1973; R.C.M. 1947, 81-103(part); amd. Sec. 1, Ch. 136, L. 1983; amd. Sec. 3, Ch. 609, L. 1991; amd. Sec. 1, Ch. 222, L. 1995; amd. Sec. 1, Ch. 335, L. 2005.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 2. Board of Land Commissioners › 77-1-203. Multiple-use management

77-1-203. Multiple-use management.
(1) The board shall manage state lands under the multiple-use management concept defined as the management of all the various resources of the state lands so that:
(a) they are utilized in that combination best meeting the needs of the people and the beneficiaries of the trust, making the most judicious use of the land for some or all of those resources or related services over areas large enough to provide sufficient latitude for periodic adjustments in use to conform to changing needs and conditions and realizing that some land may be used for less than all of the resources; and
(b) harmonious and coordinated management of the various resources, each with the other, will result without impairment of the productivity of the land, with consideration being given to the relative values of the various resources.
(2) If a parcel of state land in one class has other multiple uses or resource values which are of such significance that they do not warrant classification for the value, the land shall, nevertheless, be managed insofar as is possible to maintain or enhance these multiple-use values.
(3) State lands, including those lands that are leased primarily for other purposes, are open to general recreational use subject to legal access and to closures and restrictions pursuant to rules adopted under 77-1-804.
(4) The department shall include in all new or renewal leases and licenses a provision that leased lands may not be closed at any time to the public for general recreational purposes without advance written permission of the department.
History: (1)En. Sec. 3, Ch. 60, L. 1927; re-en. Sec. 1805.3, R.C.M. 1935; amd. Sec. 1, Ch. 113, L. 1969; amd. Sec. 1, Ch. 67, L. 1973; amd. Sec. 3, Ch. 428, L. 1973; Sec. 81-103, R.C.M. 1947; (2)En. Sec. 16, Ch. 60, L. 1927; amd. Sec. 8, Ch. 428, L. 1973; amd. Sec. 1, Ch. 8, L. 1974; Sec. 81-302, R.C.M. 1947; R.C.M. 1947, 81-103(part), 81-302(part); amd. Sec. 6, Ch. 15, L. 1979; amd. Sec. 4, Ch. 609, L. 1991.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 2. Board of Land Commissioners › 77-1-204. Power to sell, lease, or exchange certain state trust lands

77-1-204. Power to sell, lease, or exchange certain state trust lands.
(1) The board is authorized to lease state trust lands for uses other than agriculture, grazing, timber harvest, or mineral production under terms and conditions that best fulfill the duties of the board as specified in 77-1-202 and 77-1-203. The lease period for these leases, except for power and school site leases, may not be for longer than 99 years.
(2) The board may sell, exchange, or lease lands under its jurisdiction by virtue of 77-1-214 when, in the board's judgment, it is advantageous to the state to do so in the highest orderly development and management of state trust land. The sale, lease, or exchange may not be contrary to the terms of any contract that the board has entered into.
History: (1)En. 81-103.1 by Sec. 1, Ch. 135, L. 1974; Sec. 81-103.1, R.C.M. 1947; (2)En. Sec. 5, Ch. 159, L. 1937; Sec. 81-1107, R.C.M. 1947; R.C.M. 1947, 81-103.1, 81-1107; amd. Sec. 1, Ch. 488, L. 1985; amd. Sec. 5, Ch. 609, L. 1991; amd. Sec. 13, Ch. 404, L. 2003.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 2. Board of Land Commissioners › 77-1-205. Board to correct errors

77-1-205. Board to correct errors.
The board shall correct errors, mistakes, and misdescriptions in deeds and conveyances of property to the state. Deeds or other conveyances shall be made and executed in the manner provided for the execution of patents by the state. The board may also correct errors in leases, certificates of purchase, patents, and other conveyances of property from the state upon satisfactory proof that an error or mistake has been made.
History: En. Sec. 115, Ch. 60, L. 1927; re-en. Sec. 1805.115, R.C.M. 1935; Sec. 81-1108, R.C.M. 1947; redes. 81-106 and amd. by Sec. 73, Ch. 428, L. 1973; R.C.M. 1947, 81-106.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 2. Board of Land Commissioners › 77-1-206. Board to prescribe further rules for appraisal

77-1-206. Board to prescribe further rules for appraisal.
The board shall prescribe such further rules for the appraisal of state lands as it may deem necessary, not inconsistent with the provisions of this title or the state constitution.
History: En. Sec. 18, Ch. 60, L. 1927; re-en. Sec. 1805.18, R.C.M. 1935; R.C.M. 1947, 81-303.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 2. Board of Land Commissioners › 77-1-207. Board to defend suits

77-1-207. Board to defend suits.
For the purpose of determining the title to any property seized and taken under the provisions of 77-1-116, the board is hereby authorized and empowered to defend, in the name of the state, any and all actions that may be brought for that purpose and to do and perform all things necessary to protect the interests of the state.
History: En. Sec. 8, p. 49, L. 1893; re-en. Sec. 3567, Pol. C. 1895; re-en. Sec. 2220, Rev. C. 1907; re-en. Sec. 60, Ch. 147, L. 1909; re-en. Sec. 1880, R.C.M. 1921; re-en. Sec. 1880, R.C.M. 1935; R.C.M. 1947, 81-1603.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 2. Board of Land Commissioners › 77-1-209. Leasing rules

77-1-209. Leasing rules.
The board may prescribe rules relating to the leasing of state lands as it considers necessary in order that the use and proceeds of these lands may contribute in the highest attainable measure to the purposes for which they are granted to the state of Montana. The rules should prescribe a procedure for setting all fees and rental rates for the use of state lands for any purpose. The procedure should establish provisions for notice, public comment, public hearings, and appeal.
History: En. Sec. 37, Ch. 60, L. 1927; re-en. Sec. 1805.37, R.C.M. 1935; amd. Sec. 24, Ch. 428, L. 1973; R.C.M. 1947, 81-423; MCA 1981, 77-6-104; redes. 77-1-209 by Code Commissioner, 1983; amd. Sec. 11, Ch. 586, L. 1993.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 2. Board of Land Commissioners › 77-1-211. Acceptance of federal land grants

77-1-211. Acceptance of federal land grants.
(1) The board may accept any grant of lands from the United States to the state made in carrying out the provisions of The Enabling Act and also any other grant for any special purpose that may be made by the United States to the state, except as provided in subsection (2).
(2) Legislative approval is required for any acceptance of land by the state of Montana from the United States if the land was acquired by the United States through condemnation procedures.
(3) Notwithstanding any provisions of this title, the board, after consultation with the director of the department of environmental quality, may accept any lands, including buildings, granted to the state by the United States pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq. Legislative approval is not required for acceptance.
History: En. Sec. 113, Ch. 60, L. 1927; re-en. Sec. 1805.113, R.C.M. 1935; amd. Sec. 70, Ch. 428, L. 1973; R.C.M. 1947, 81-1101(part); amd. Sec. 1, Ch. 452, L. 1979; amd. Sec. 2, Ch. 274, L. 1989; amd. Sec. 315, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 2. Board of Land Commissioners › 77-1-212. Acceptance of federal facilities and installations -- title in state

77-1-212. Acceptance of federal facilities and installations -- title in state.
The board may, on behalf of the state, accept donations of federal installations, facilities, lands, or properties. All title to the installations or facilities shall be vested in the name of the state for its use. This section does not limit, reduce, or supersede Title 18, chapter 5, part 2.
History: En. Sec. 1, Ch. 252, L. 1965; amd. Sec. 71, Ch. 428, L. 1973; R.C.M. 1947, 81-1101.1.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 2. Board of Land Commissioners › 77-1-213. Acceptance of gifts, donations, grants, legacies, and devises to the state

77-1-213. Acceptance of gifts, donations, grants, legacies, and devises to the state.
(1) The board is hereby authorized and empowered to accept on behalf of the state from any natural person gifts, donations, grants, legacies, and devises having a value of not less than $250 from each person. All lands passing to the state under these provisions or through the operation of law shall be managed as other state lands, and the rents and earnings shall be applied in accordance with the object and purpose specified by the grantor, subject to all constitutional limitations.
(2) All money realized from the sale of such lands and from other property and all gifts, donations, grants, legacies, and devises made in money or the equivalent of money shall be administered by the board for the benefit of the specific purposes designated by the person from whom they were received and as further regulated by this title. The provisions of this section shall apply to gifts, donations, grants, legacies, and devises already made to the state and now under the administration of the board if not contrary to any specific provisions made therein by the persons from whom they were received.
History: En. Sec. 114, Ch. 60, L. 1927; re-en. Sec. 1805.114, R.C.M. 1935; amd. Sec. 43, Ch. 100, L. 1973; R.C.M. 1947, 81-1102.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 2. Board of Land Commissioners › 77-1-214. Donations of land for forestry purposes

77-1-214. Donations of land for forestry purposes.
The board may accept gifts, donations, or contributions of land suitable for forestry or park purposes and enter into agreements with the federal government or other agencies for acquiring by lease, purchase, or otherwise such lands as in the judgment of the board are desirable for state forests.
History: En. Sec. 1, Ch. 159, L. 1937; amd. Sec. 72, Ch. 428, L. 1973; R.C.M. 1947, 81-1103.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 2. Board of Land Commissioners › 77-1-215. Expenditures authorized

77-1-215. Expenditures authorized.
When lands are acquired or leased under 77-1-214, the board is hereby authorized to:
(1) make expenditures from any funds not otherwise obligated for the management, development, and utilization of such areas;
(2) sell or otherwise dispose of products from such lands; and
(3) make such rules as may be necessary to carry out the purposes of 77-1-214 through 77-1-217 and 77-1-204(2).
History: En. Sec. 2, Ch. 159, L. 1937; R.C.M. 1947, 81-1104.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 2. Board of Land Commissioners › 77-1-216. Disposition of revenues and profits

77-1-216. Disposition of revenues and profits.
All revenues derived from lands acquired under the provisions of 77-1-214 shall be segregated by the state treasurer for the use of the board in the acquisition, management, development, and use of such lands until all obligations incurred have been paid in full. Thereafter, 50% of all net profits accruing from the administration of such lands shall be applicable for such purposes as the legislature may prescribe and 50% shall be paid into the school fund of the county in which lands are located.
History: En. Sec. 3, Ch. 159, L. 1937; R.C.M. 1947, 81-1105.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 2. Board of Land Commissioners › 77-1-217. Payment of certain obligations

77-1-217. Payment of certain obligations.
Obligations for the acquisition of land incurred by the board under the authority of 77-1-214 shall be paid solely and exclusively from revenues derived from such lands and shall not impose any liability upon the general credit and taxing power of the state.
History: En. Sec. 4, Ch. 159, L. 1937; R.C.M. 1947, 81-1106.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 2. Board of Land Commissioners › 77-1-218. Public school land acquisition account

77-1-218. Public school land acquisition account.
(1) There is a public school land acquisition account in the state special revenue fund established in 17-2-102. The account must be administered by the department.
(2) Money in the account may be used only for the purpose of purchasing and managing interests in and appurtenances to real property in accordance with 77-1-219.
(3) After deductions are made pursuant to 77-1-109 and 77-1-613, the net interest and income earned on real property and appurtenances purchased with funds from the account must be distributed to the school facility and technology account provided for in 20-9-516.
History: En. Sec. 1, Ch. 485, L. 2009; amd. Sec. 37, Ch. 55, L. 2015.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 2. Board of Land Commissioners › 77-1-219. Public school land purchases -- considerations -- distributions

77-1-219. Public school land purchases -- considerations -- distributions.
(1) The board may request the board of examiners to issue bonds for the purpose of purchasing interests in and appurtenances to real property selected by the board in accordance with the requirements of this section. Upon issuance of the bonds, the board shall purchase the real property and its appurtenances.
(2) Prior to requesting the issuance of bonds under subsection (1), the board shall consider the following:
(a) the income-generating potential of the real property and appurtenances;
(b) the opportunity for sustainable forest management activities and outcomes as described in 76-13-701 and 76-13-702; and
(c) the opportunity for recreational use of the real property and appurtenances consistent with Title 77, chapter 1, part 8.
(3) Prior to requesting the issuance of bonds, the board or the department, at the board's direction, shall complete a cost-benefit analysis of potential real property and appurtenance purchases. This cost-benefit analysis must be made available to the public upon request.
(4) Prior to purchasing any real property and appurtenances, the board shall determine that the benefits of the purchase are significant and that the financial risks are prudent. In order to reach that determination, the board shall examine the purchase of any real property and appurtenances as if the board had a fiduciary duty as a reasonably prudent trustee of a perpetual trust. For the purposes of this section, that duty requires the board to:
(a) discharge its duties with the care, skill, and diligence that a prudent person acting in a similar capacity with the same resources and familiar with similar matters should exercise in the conduct of an enterprise of similar character and aims;
(b) manage the land holdings purchased pursuant to 77-1-218 and this section in accordance with an asset management plan to minimize the risk of loss and maximize the sustained rate of return;
(c) discharge its duties and powers solely in the interest of and for the benefit of the trust; and
(d) discharge its duties subject to the fiduciary standards set forth in 72-38-801.
(5) All interests in real property and appurtenances acquired under this section must be managed pursuant to this title.
History: En. Sec. 2, Ch. 485, L. 2009; amd. Sec. 156, Ch. 264, L. 2013.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 2. Board of Land Commissioners › 77-1-220. Offsetting purchases -- proceeds -- records

77-1-220. Offsetting purchases -- proceeds -- records.
(1) To the extent practical and consistent with the board's powers and duties pursuant to 77-1-202, the board shall offset purchases made pursuant to 77-1-218, 77-1-219, and 77-1-229 by selling an equal amount of land.
(2) Proceeds received from offsetting sales may not be used for:
(a) purchasing additional lands; or
(b) the land banking process under 77-2-361 through 77-2-367.
(3) A separate record of the proceeds received from each sale of land must be maintained.
History: En. Sec. 3, Ch. 485, L. 2009; amd. Sec. 3, Ch. 362, L. 2011.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 2. Board of Land Commissioners › 77-1-223. State trust land report to trust beneficiaries and legislature -- contents

77-1-223. State trust land report to trust beneficiaries and legislature -- contents.
(1) The board shall annually prepare a report on state trust lands that summarizes the land held in trust for each beneficiary by land classification.
(2) The report must include the asset value and financial performance of the land held for each beneficiary as calculated using the best available methodology and data.
(3) The board shall provide a copy of the report to the beneficiary of each trust and to the legislature in accordance with 5-11-210 at the end of each fiscal year.
History: En. Sec. 1, Ch. 462, L. 1999; amd. Sec. 1, Ch. 195, L. 2015; amd. Sec. 107, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 2. Board of Land Commissioners › 77-1-228. Public land trust acquisition account

77-1-228. Public land trust acquisition account.
(1) There is a public land trust acquisition account in the state special revenue fund established in 17-2-102. Any funds recovered by the state as a result of the claim that PPL Montana, LLC, owes compensation to the state for using state-owned riverbeds from 2000 through 2007 and any interest that accumulates on the funds must be deposited in the account. The account must be administered by the department and is subject to the provisions of Article X, section 11, of the Montana constitution.
(2) Money deposited in the account pursuant to subsection (1) may be used only for costs associated with evaluating potential purchases and for the purpose of purchasing interests in and appurtenances to real property in accordance with 77-1-229. Any interest earned on money deposited in the account must be deposited in the guarantee account provided for in 20-9-622 for distribution to public schools on a monthly basis.
History: En. Sec. 1, Ch. 362, L. 2011.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 2. Board of Land Commissioners › 77-1-229. Public land trust purchases

77-1-229. Public land trust purchases.
(1) Subject to legislative appropriation, the board is authorized to evaluate potential purchases and purchase interests in and appurtenances to real property from the proceeds of the account established in 77-1-228 pursuant to the limitations of 77-1-220, 77-1-228, and this section. Transactional costs may not exceed 7% of the purchase price of acquired property. Prior to purchasing interests in and appurtenances to real property, the board shall consider the following:
(a) the income-generating potential of the real property and appurtenances;
(b) the opportunity for sustainable forest management activities and outcomes as described in 76-13-701 and 76-13-702;
(c) the opportunity for recreational use of the real property and appurtenances consistent with Title 77, chapter 1, part 8; and
(d) the cost-benefits of potential real property and appurtenance purchases. This cost-benefit analysis must be made available to the public upon request.
(2) Prior to purchasing any real property and appurtenances, the board shall determine that the benefits of the purchase are significant and outweigh the financial risks. In order to reach that determination, the board shall examine the purchase of any real property and appurtenances as if the board had a fiduciary duty as a reasonably prudent trustee of a perpetual trust. For the purposes of this section, that duty requires the board to:
(a) discharge its duties with the care, skill, and diligence that a prudent person acting in a similar capacity with the same resources and familiar with similar matters should exercise in the conduct of an enterprise of similar character and aims;
(b) manage the land holdings purchased pursuant to this section in accordance with an asset management plan to minimize the risk of loss and maximize the sustained rate of return;
(c) discharge its duties and powers solely in the interest of and for the benefit of the public land trust;
(d) discharge its duties subject to the fiduciary standards set forth in 72-38-801; and
(e) determine the potential for job creation.
(3) All interests in real property and appurtenances acquired under this section must be managed pursuant to this title and are subject to the provisions of Article X, section 11, of the Montana constitution.
(4) After deductions for administrative costs pursuant to 77-1-109, the net interest and income earned on real property and appurtenances purchased with funds from the account established in 77-1-228 must be distributed to the guarantee account provided for in 20-9-622 for distribution to public schools.
History: En. Sec. 2, Ch. 362, L. 2011; amd. Sec. 157, Ch. 264, L. 2013.