reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.2 - Rules Governing the Issuance of Oil and Gas Leases on State Lands › Rule 36.25.231 - PROCEDURE FOR ISSUANCE OF SEISMOGRAPHIC PERMIT

Current through Register Vol. 13, July 5, 2024
(1) In order to obtain a permit the applicant
				shall:
(a) be qualified to do business in the
				state as shown by records of the secretary of state;
(b) file a surety bond, as required, with the
				secretary of state;
(c) furnish
				proof (such as copies of letters) that it has notified the surface owner or
				lessee of the approximate time schedule of activities on the land;
(d) provide the name and permanent address of
				the geophysical exploration firm which will be doing the actual work on the
				land, and the name and address of any designated agent of the geophysical
				exploration firm;
(e) provide a
				legal description of the surface areas where geophysical activity will take
				place; and
(f) provide written or
				oral notification from the oil and gas lessee of permission to conduct
				exploration on lands covered by an oil and gas lease.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.2 - Rules Governing the Issuance of Oil and Gas Leases on State Lands › Rule 36.25.232 - SURFACE LIMITATIONS FOR SEISMOGRAPHIC PERMIT

Current through Register Vol. 13, July 5, 2024
(1) The permittee shall confine all surface
				activity to improved roads during periods when the land surface is wet or is in
				such a condition that it may be damaged from travel by heavy vehicles or
				trucks. During all other periods, the permittee shall confine all activity
				which may disturb the surface to existing trails and terrain which is easily
				accessible to normal four-wheel drive travel without winching or other
				artificial means. The permittee shall not conduct any type of road construction
				activity, including but not limited to, blading and dozing existing roads and
				trails, constructing stream crossings, or removal of brush and trees, without
				the written permission of the department. The department may grant such
				permission only after the permittee has submitted evidence of conditions which
				require such road construction and a plan for the road construction which
				protects the land surface as much as practicable. The department may impose
				requirements on such construction in order to protect the land surface from
				erosion or other damage.
(2) The
				permittee shall not conduct any type of geophysical testing or measuring which
				will disturb the surface or move the earth within 300 feet of any springs,
				streams, lakes, water wells, or water storage reservoir facilities. The
				permittee shall not conduct any drilling or blasting activities within 1320
				feet of any building, structure, water well, or spring or within 660 feet of
				any reservoir dam without the written consent of the department. The department
				may impose further restrictions when the particular situation warrants other
				precautions.
(3) In all operations
				on the lands covered by the permit, the permittee shall interfere as little as
				practical with the use of the premises for any other purpose to which the same
				may have been leased or sold by the state. All necessary precautions shall be
				taken to avoid any damage other than normal wear and tear to gates, bridges,
				roads, cattle guards, fences, dams, and other improvements.
77-3-402, MCA; IMP,
					 77-3-401,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.2 - Rules Governing the Issuance of Oil and Gas Leases on State Lands › Rule 36.25.233 - OPERATIONS PURSUANT TO A SEISMOGRAPHIC PERMIT

Current through Register Vol. 13, July 5, 2024
(1) Exploration operations shall be conducted
				in compliance with all federal, state, and local laws, and all ordinances,
				rules and regulations which are applicable to such operations. Particularly,
				permittee shall comply with the oil and gas rules on state lands, oil and gas
				lease stipulations, if any, on those lands, and the bonding requirements before
				commencing operations.
(2) The
				permittee shall take such measures for the prevention and suppression of fire
				on the permit area and other adjacent lands used or traversed by the permittee
				as are required by applicable laws and regulations. When in the opinion of the
				department weather and other conditions affecting fire incidence and control
				make special precautions necessary to protect the area, the permittee shall
				take such additional or other fire prevention and control measures as may be
				required by the department.
(3) The
				permittee shall obtain appropriate permission to use water necessary for the
				exploration activities. This normally will require a permit from the owner of
				the water right.
(4) The permittee
				shall make satisfactory adjustment of any damages sustained by the owner to the
				surface of the lands or sustained by the surface lessee to his leasehold
				interest in connection with operations by the permittee. The surface lessee
				should not receive damages over and above his annual rental unless special
				circumstances are demonstrated.
77-3-402, MCA; IMP,
					 77-3-401,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.2 - Rules Governing the Issuance of Oil and Gas Leases on State Lands › Rule 36.25.234 - SEISMOGRAPH PLUGGING AND ABANDONMENT

Current through Register Vol. 13, July 5, 2024
(1)
				Except as hereinafter provided, all seismic holes shall be plugged as soon
				after being utilized as reasonably practicable; however, in no event shall they
				remain unplugged for a period of more than 120 days after being drilled and
				shot.
(2) The permittee shall
				notify the department, in writing, of its intent to plug and abandon, including
				the date such activities are expected to commence, the location by section,
				township, and range of the holes to be plugged and the name and telephone
				number of the person in charge of the plugging operations.
(3) All seismic shot holes shall be plugged
				in accordance with the board of oil and gas conservation rules. All cuttings
				not placed in the hole shall be spread out over the surrounding area at a depth
				not to exceed 1 inch.
(4) If an
				artesian water flow is encountered in any of the drill holes located on state
				land, the permittee shall immediately notify the department so that a decision
				can be made by the department as to whether the well will be developed. The
				department shall make a decision within 24 hours of notification. If the well
				is not developed, or if damage is occurring or is imminent, it is the
				permittee's responsibility to plug the hole with cement of sufficient density
				to contain the waters to their native strata as required by the board of oil
				and gas con- servation rules. If a nonflowing aquifer is encountered in any of
				the drill holes on state land, the permittee shall notify the department in
				writing of the location and depth.
(5) The permittee shall leave the land
				covered by the permit in as nearly the same condition as it was prior to the
				effective date of the permit as is practically possible. All refuse, including,
				but not limited to, oil cans, shot wire, powder boxes, flagging, cement or mud
				sacks, stakes, and primacord shall be removed from the lands and shall be
				properly disposed of by the permittee.
(6) A seismic shot hole may be left unplugged
				at the request of the surface lessee or owner for conversion to a fresh water
				well provided the surface lessee or owner executes a release on a form provided
				by the department relieving the permittee from any liability for damages that
				may thereafter result from the hole remaining unplugged.
77-3-402, MCA; IMP,
					 77-3-401,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.2 - Rules Governing the Issuance of Oil and Gas Leases on State Lands › Rule 36.25.235 - CANCELLATION OF SEISMOGRAPHIC PERMIT

Current through Register Vol. 13, July 5, 2024
(1) If the
				department determines that any person has violated any of the provisions of
				these rules or the permit, the department shall take the necessary action to
				assure compliance, including cancellation of the permit. Such cancellation is
				not a waiver of other remedies available to the state.
77-3-402, MCA; IMP,
					 77-3-401,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.2 - Rules Governing the Issuance of Oil and Gas Leases on State Lands › Rule 36.25.236 - SEISMOGRAPHIC PERMIT CHARGES

Current through Register Vol. 13, July 5, 2024
(1) Charges for
				exploration purposes on state lands on which the state owns the surface shall
				be paid to the department at the rate of at least $50.00 per hole or $100.00
				per mile for vibroseis, surface charges or other surface activity, depending on
				the exploration procedures used.
77-3-402, MCA; IMP,
					 77-3-401,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.2 - Rules Governing the Issuance of Oil and Gas Leases on State Lands › Rule 36.25.237 - REPORT UPON TERMINATION OF SEISMOGRAPHIC PERMIT

Current through Register Vol. 13, July 5, 2024
(1) Within 6 months after termination of a
				permit, the permittee shall submit to the department an affidavit setting forth
				the following:
(a) the nature of the tests
				conducted;
(b) a narrative
				description of or a map showing the number and location of sites where tests
				were conducted; and
(c) the
				location and depth of any geologic formations which may be capable of producing
				water in usable quantities that are discovered in testing. The submission of a
				driller's log shall satisfy this requirement.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.3 - Coal Leasing Rules › Rule 36.25.301 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) When used herein, unless a different
				meaning clearly appears from the context:
(a)
				"Board" means the Board of Land Commissioners of the state of
				Montana;
(b) "Commercial
				quantities" means that quantity of coal which can be sold at profit in the
				commercial market;
(c) "Coal" means
				and includes black or brownish-black solid fossil fuel which has been subjected
				to the natural process of coalification and which falls within the
				classification of coal by rank: I, anthracite; II, bituminous; III,
				sub-bituminous; IV, lignite;
(d)
				"Department" means Department of Natural Resources and Conservation;
(e) "Director" means director of the
				Department of Natural Resources and Conservation, chief administrative officer
				of the department;
(f) "Interests
				foreign to the United States" means countries, states, or governmental
				subdivisions other than those within the United States of America;
(g) "Lessee" means the person in whose name
				and coal lease appears of record in the offices of the department, whether such
				person be the original lessee or a subsequent assignee. The term "lessee" also
				includes, where the context of the rule may indicate, any person who is the
				apparent successful bidder for a coal lease but with whom a formal coal lease
				agreement has not been completed and finalized;
(h) "Person" means any individual, firm,
				association or corporation or other legal entity;
(i) "Qualified applicant" means any person
				who may become a qualified lessee as set forth herein;
(j) "State" means the state of
				Montana;
(k) "State lands" means
				all lands the leasing of which for coal purposes is under the jurisdiction of
				the board;
(l) "Value" means the
				contract sales price as defined in
				15-35-102, MCA.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.3 - Coal Leasing Rules › Rule 36.25.302 - LANDS AVAILABLE FOR LEASING

Current through Register Vol. 13, July 5, 2024
(1) State lands
				available for leasing by the board under these rules include state lands to
				which the title has vested in the state and in which the coal or coal rights
				are not reserved by the United States. Such state lands include those which
				have been sold but in which coal rights have been reserved, in whole or in
				part, whether such lands are under certificate of purchase or whether patents
				have been issued. The board in its discretion may withdraw any lands from
				leasing. In cases where the lands are under lease for grazing, agriculture or
				similar purposes, care will be taken in issuing the coal lease to protect the
				rights of the purchaser or surface lessee.
(2) If after a determination of the amount,
				location, and quality of the coal on the lands for lease, it appears that the
				extraction of the coal from such lands by strip mining methods would adversely
				affect the methods of recovery of deep minable coal from such operations on
				such lands in the future, the board may not issue a lease.
77-3-303, MCA; IMP,
					 77-3-303,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.3 - Coal Leasing Rules › Rule 36.25.303 - WHO MAY LEASE FOR COAL - QUALIFIED LESSEES

Current through Register Vol. 13, July 5, 2024
(1)
				Any person qualified under the constitution and laws of the state of Montana
				may lease state lands for coal purposes provided that:
(a) all corporations not incorporated in
				Montana must obtain a certificate of authority to transact business in this
				state from the Secretary of State;
(b) no officer or employee of any agency of
				the executive department of state government who is required to inspect or
				examine field information in regard to prospecting for coal or the mining
				thereof, may take or hold such lease;
(c) the applicant, if a natural person, has
				reached the age of 18 years; and
(d) no citizen of a foreign country is
				eligible to obtain and hold a state coal lease unless the citizen's country
				provides for similar or like privileges to citizens of the United States.
				Likewise, no partnership, corporation, association, or other legal entity
				controlled by interests foreign to the United States is eligible to obtain and
				hold a state coal lease unless the entity's country provides for similar or
				like privileges to citizens of the United States.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.3 - Coal Leasing Rules › Rule 36.25.304 - PROCEDURES FOR ISSUE OF LEASE

Current through Register Vol. 13, July 5, 2024
(1) The land
				shall be leased in as compact bodies as the form and areas of the tract held by
				the state and offered for lease will permit. No lease may embrace noncontiguous
				subdivisions of lands unless such subdivisions are within an area comprising
				not more than one square mile.
(2)
				No state coal lease may be issued until the coal resources and the surface of
				the tract to be leased have been evaluated as provided for in
				77-3-312, MCA. No coal lease may
				be issued for less than the fair market value of the coal included under the
				lease.
(3) Tracts may be offered
				for lease pursuant to an application submitted by a qualified lessee, or by the
				department of its own volition.
(4)
				An application to have a tract offered for lease may be made at any time during
				the year on a form provided by the department:
(a) such application shall contain the
				information called for therein, including an adequate and sufficient
				description of the lands sought to be leased; and
(b) such application shall be accompanied by
				a $50.00 application fee. Applications not accompanied by the application fee
				will not be considered.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.3 - Coal Leasing Rules › Rule 36.25.309 - RENTALS

Current through Register Vol. 13, July 5, 2024
(1) An annual money rental, shall be paid to
				the state for each coal lease at the rate of not less than $2.00 for each acre
				of land leased. Rental for the first year of the lease shall include any sums
				in excess of $2.00 per acre offered and accepted as a cash bonus for such first
				year rental. The first year rental shall be paid before issuance of the lease.
				Rental for each subsequent year of the lease shall be due and payable before
				the beginning of that year.
(2) The
				annual money rental shall be in addition to any royalty payment.
(3) No partial rental payment will be
				accepted, and the entire rental shall be considered unpaid until the full
				rental payment has been received.
77-3-303, MCA; IMP,
					 77-3-303,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.3 - Coal Leasing Rules › Rule 36.25.310 - ROYALTIES

Current through Register Vol. 13, July 5, 2024
(1) The lessee shall pay in cash a royalty on
				all coal produced from the leased premises at a rate of not less than ten
				percent of the value of the coal.
(2) The fair market value of the coal shall
				be determined by the board in accordance with
				77-3-312 and
				77-3-316(4),
				MCA.
(3) On or before the last day
				of each month, every holder of a producing coal lease shall make a report to
				the department on a form the department prescribes, showing the number of tons
				mined during the preceding calendar month, the price obtained therefore at the
				mine, the total amount of all sales, and any additional information required by
				the department. The report shall be signed by the lessee or some responsible
				person having knowledge of the facts reported and be accompanied by payment of
				the royalty due the state for the preceding month as shown by the
				report.
(4) The lessee shall report
				any adjustments to the sales price of the coal which affect the sales price as
				previously reported in the monthly reports within 30 days of the adjustment.
				The royalty shall be adjusted accordingly.
77-3-303, MCA; IMP,
					 77-3-316,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.3 - Coal Leasing Rules › Rule 36.25.313 - IMPROVEMENTS OF FORMER LESSEE

Current through Register Vol. 13, July 5, 2024
(1) When a coal
				mining lease is applied for on land where mining operations have been carried
				on by a former lessee and there are surface or underground improvements on the
				land used at the former operations, disposition of the improvements
				satisfactory to the board shall be made before a new lease is issued. If the
				owner of such improvement desires to sell the same to the new lessee, then the
				new lessee shall pay him the reasonable value thereof to the extent they are
				suitable for the new mining operations. If they fail to agree on the value of
				such improvements, then such value may be ascertained and fixed by 3
				arbitrators, one of whom shall be appointed by the owner of the improvements,
				one by the new lessee and the third by the 2 arbitrators so
				appointed.
(2) The reasonable
				compensation that the arbitrators may fix for their services shall be paid in
				equal shares by the owner of the improvements and the new lessee. The value of
				the improvements so ascertained and fixed is binding on both parties. However,
				if either party is dissatisfied with the valuation so fixed, he may within 10
				days appeal from their decision to the department. The department shall examine
				the improvements and its decision shall be final. The department shall charge
				and collect the actual cost of the reexamination to the owner and the new
				lessee in such proportion as in its judgment justice demands.
(3) Before the new lease is issued, the
				applicant shall show to the satisfaction of the board that he has paid the
				owner for the improvements as agreed upon between them or as fixed by the
				aforesaid arbitrators or the department, that he has tendered payment as so
				fixed, or that the owner desires to remove his improvements.
77-3-303, MCA; IMP,
					 77-3-303,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.3 - Coal Leasing Rules › Rule 36.25.314 - SURRENDER OF LEASE

Current through Register Vol. 13, July 5, 2024
(1) The lease may
				be terminated at any time by mutual consent of the lessee and the department.
				Such termination shall not excuse the lessee of his duty to perform obligations
				which have accrued or become fixed before the date of such termination.
				Termination shall be effective at a date agreed upon by the lessee and the
				department.
77-3-303, MCA; IMP,
					 77-3-303,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.3 - Coal Leasing Rules › Rule 36.25.315 - FORFEITURE, CANCELLATION, AND TERMINATION OF LEASES

Current through Register Vol. 13, July 5, 2024
(1) If the lessee fails to comply with any
				provisions of state law relating to coal leases, the provisions of these rules,
				or the provisions of its coal lease, the department shall give lessee written
				notice specifying such failure. Lessee shall have a period of 60 days following
				such notice to cure the failure so specified. Failure to so cure may result in
				cancellation of the lease by the board. Any lessee whose lease has been so
				canceled has the right to a hearing pursuant to the Montana Administrative
				Procedure Act and the regulations of the department.
77-3-303, MCA; IMP,
					 77-3-303,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.3 - Coal Leasing Rules › Rule 36.25.316 - OPERATING AGREEMENTS

Current through Register Vol. 13, July 5, 2024
(1) Any lessee may
				enter into agreements with another person for mining and other operations
				involving coal production on state lands under his lease or leases. However, no
				such operating agreements are in any way binding upon the state until filed
				with and approved by the department.
77-3-303, MCA; IMP,
					 77-3-303,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.3 - Coal Leasing Rules › Rule 36.25.317 - OPERATIONS ON STATE LEASES

Current through Register Vol. 13, July 5, 2024
(1) A coal lease on
				state lands is subject to the conditions that the coal must be mined, handled,
				and marketed in a manner that will prevent as far as possible all waste of coal
				and that the mining operations shall be carried on in a systematic and orderly
				manner that will not make subsequent mining operations more difficult or
				expensive. A violation of any of these conditions is grounds for the
				cancellation of the lease.
(2)
				Every coal lease is conditioned upon compliance with the Montana Strip and
				Underground Mine and Reclamation Act and the Strip Mining Siting Act, Title 82,
				chapter 4, parts 2 and 1, respectively, MCA, and any other applicable laws and
				regulations of the state of Montana.
(3) The lessee shall allow the department to
				make as many inspections of the leased premises as it deems necessary and shall
				carry out at the lessee's expense all reasonable orders and requirements of the
				department relative to the prevention of waste and preservation of property. On
				the failure of the lessee to comply with this paragraph, the department shall
				have the right, together with other recourse herein provided, to enter on the
				property, repair damages, and prevent waste at the lessee's expense. These
				remedies are not exclusive and do not limit the state's other remedies of
				law.
(4) Upon the termination for
				any cause of any lease, the lessee must within 6 months after the date of the
				termination remove all machinery, fixtures, improvements, buildings and
				equipment belonging to him from the premises. Any machinery, fixtures,
				improvements, buildings and equipment belonging to any lessee and not removed
				within 6 months after the date of termination of the lease shall, upon the
				expiration of the 6 month period, become the property of the state. In special
				circumstances the department may allow a reasonable extension of time for
				removal. However, the claimant of such property of the state for salvage or
				otherwise, and the removal of such property from the lands, or any of such
				actions shall not relieve the lessee of his obligations to properly reclaim the
				land and restore the premises to their condition prior to mining operations as
				far as reasonably possible, as prescribed by Title 82, chapter 4, parts 1 and 2
				MCA. If the land is leased to a new lessee prior to the expiration of the above
				6 month period the former lessee may sell the improvements to the new lessee.
				If the new lessee and former lessee cannot agree upon the proper compensation
				for the improvements arbitration procedures as provided by these rules must be
				started prior to the end of the 6 month period.
77-3-303, MCA; IMP,
					 77-3-303,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.3 - Coal Leasing Rules › Rule 36.25.319 - HEARINGS AND APPEALS

Current through Register Vol. 13, July 5, 2024
(1) It is the
				desire and intent of the board that any lessee or prospective lessee be given
				full and adequate opportunity to be heard with respect to any matter affecting
				his interests in any particular lease. Any hearing will be conducted
				informally, without adherence to the strict rules of evidence of a court of
				law.
(2) A verbatim written record
				of any hearing or rehearing will be made if any party in interest so requires
				not less than 5 days prior to the day set for hearing and if the requesting
				party agrees to pay the cost thereof, including the cost of the original copy
				of the transcript. The transcript shall become a part of the case record and
				remain on file with the department. The party requesting such verbatim record
				may be required to deposit, in advance, the anticipated cost of the record. Any
				transcript must be certified as true, correct, and complete by the parties
				before it becomes part of the record.
77-3-303, MCA; IMP,
					 77-3-303,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.3 - Coal Leasing Rules › Rule 36.25.320 - RECORDS

Current through Register Vol. 13, July 5, 2024
(1) The board shall keep a record of all of
				its meetings in the form of minutes of such meetings, reflecting all matters
				considered by the board, decisions made and actions taken with respect to the
				leasing or possible leasing of state lands for coal. Such minutes shall be open
				to public inspection during normal office hours of the department. With respect
				to any hearing held by the board on application of any affected lessee, the
				minutes shall show only that such hearing was held, the nature of the hearing,
				and the decision reached by the board.
(2) A separate file and record shall be kept
				on each hearing held on application of a lessee or prospective lessee. Such
				separate file shall contain the written application for the hearing, a copy of
				the notice of the hearing, evidence of the mailing thereof, and the transcript
				of the hearing, if prepared.
(3)
				The department shall maintain a record of publication of notices of all lease
				sales. Such record shall consist of published copies of such notices or
				affidavits by each printer or publisher of the newspaper or his foreman or
				principal clerk, annexed to a copy of the document or notice. The record shall
				specify the times when and the paper in which the publication was
				made.
77-3-303, MCA; IMP,
					 77-3-303,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.3 - Coal Leasing Rules › Rule 36.25.321 - FEES

Current through Register Vol. 13, July 5, 2024
(1) The department shall assess the following
				fees:
(a) application for coal lease -
				$50.00;
(b) issuance of each coal
				lease - $25.00; and
(c) filing each
				assignment affecting a coal lease, or interest therein, of whatever nature -
				$10.00.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.3 - Coal Leasing Rules › Rule 36.25.322 - AMENDMENT OF RULES AND REGULATIONS

Current through Register Vol. 13, July 5, 2024
(1) These
				rules and regulations may be altered, changed or modified at any time by action
				of the board in accordance with the Montana Administrative Procedure Act. No
				alteration, change or modification of the rules will alter, change or modify
				the provisions of existing leases with regard to term, rental or
				royalty.
77-3-303, MCA; IMP,
					 77-3-303,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.3 - Coal Leasing Rules › Rule 36.25.323 - IMPAIRMENT OF CONTRACT

Current through Register Vol. 13, July 5, 2024
(1) Nothing in
				these rules may be construed to impair the obligations of any contract entered
				into before the effective date of Chapter 358, L. 1975.
77-3-303, MCA; IMP,
					 77-3-303,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.4 - Geothermal Rules and Regulations › Rule 36.25.402 - LANDS AVAILABLE FOR LEASING

Current through Register Vol. 13, July 5, 2024
(1) Lands available
				for leasing by the board under these rules and regulations include any state
				land under the jurisdiction of the board.
(2) No lease may embrace more than 640 acres,
				except that any section surveyed by the United States which contains more than
				640 acres may be included under any one lease. The land shall be leased in as
				compact bodies as the form and areas of the tract held by the state and offered
				for lease will permit. No lease may embrace noncontiguous subdivisions of land
				unless such subdivisions are within an area comprising not more than 1 square
				mile.
(3) Any person qualified to
				hold a geothermal resources lease on state lands may acquire, receive and hold
				more than 1 lease.
77-4-103, MCA; IMP,
					 77-4-101,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.4 - Geothermal Rules and Regulations › Rule 36.25.403 - WHO MAY LEASE

Current through Register Vol. 13, July 5, 2024
(1) Any person,
				partnership, corporation, association or other legal entity, or any political
				subdivision may lease state lands for geothermal resources purposes; provided,
				all corporations not incorporated in Montana must obtain a certificate of
				authority to transact business in Montana; and provided further, that no
				officer or employee of an agency of the executive department of state
				government who is required to inspect or examine geothermal resource operations
				or otherwise to gather field information in regard to prospecting for
				geothermal resources or the production thereof, may take or hold such lease,
				nor shall any such person become interested in any manner in any geothermal
				lease on state lands.
77-4-103, MCA; IMP,
					 77-4-101,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.4 - Geothermal Rules and Regulations › Rule 36.25.404 - PROCEDURES FOR ISSUANCE OF LEASE

Current through Register Vol. 13, July 5, 2024
(1) Application
				for lease of a tract of state land may be made at any time during the year on a
				form provided by the department.
(a) Such
				application shall contain the information called for therein, including an
				adequate and sufficient description of the lands sought to be leased.
(b) Such application shall be accompanied by
				a non-refundable $10.00 application fee. Applications not accompanied by the
				application fee will not be considered.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.4 - Geothermal Rules and Regulations › Rule 36.25.405 - TERM OF LEASE, EXTENSION BY DRILLING OPERATIONS AT END OF TENTH YEAR

Current through Register Vol. 13, July 5, 2024
(1) Each geothermal resources lease issued
				shall be for a primary term of 10 years and so long thereafter as geothermal
				resources in paying quantities are produced, on condition that all obligations
				and provisions of the lease are fully performed and complied with by the
				lessee.
(a) If geothermal resources are not
				being produced in paying quantities from the leased premises at the expiration
				of the primary term of the lease but the owner of the lease is then engaged in
				drilling on the premises for geothermal resources, then the lease continues in
				force so long as such drilling operations are being diligently prosecuted. The
				board reserves the right to decide whether such drilling operations, which may
				extend a lease beyond the primary term, are being diligently
				prosecuted.
(b) If geothermal
				resources are recovered from any well drilled after the expiration of the
				primary term, the lease shall continue in force so long as geothermal resources
				in paying quantities are produced from the leased premises.
(c) If construction of a geothermal
				generating facility is under way at the expiration of the primary term of the
				lease or if a contract for construction has been let, the lease shall continue
				in force as long as construction diligently continues. Following completion of
				construction the lease shall continue in force as long as geothermal resources
				are produced in paying quantities.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.4 - Geothermal Rules and Regulations › Rule 36.25.406 - RENTALS AND ROYALTIES

Current through Register Vol. 13, July 5, 2024
(1) Each lease
				issued pursuant to these rules shall provide for the following rentals and
				royalties with respect to geothermal resources produced, saved, and sold from
				the lands included within the lease whether directly from the lease or from a
				pooling arrangement in which the leased land is included.
(a)
(i) A
				royalty of not less than 10% of the gross revenue, exclusive of charges
				approved by the director made or incurred with respect to transmission or other
				services or processes, received from the sale of heat energy, steam, brines
				from which no minerals have been extracted, and associated gases at the point
				of delivery to the purchaser thereof.
(ii) If the lessee also operates an energy
				producing plant on the land the royalty will be computed in terms of (1) (a)
				and as if the product were to be sold to a third person at the then prevailing
				market price for geothermal resources in the same market area and under the
				same marketing conditions.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.4 - Geothermal Rules and Regulations › Rule 36.25.407 - DILIGENCE

Current through Register Vol. 13, July 5, 2024
(1) Prior to the end of the third year and of
				each succeeding year of the primary term of a geothermal resources lease, the
				lessee shall either commence or continue diligent exploration or pay a delayed
				exploration penalty.
(2) Each lease
				shall include provisions for the diligent exploration of the leased resources
				until there is production in commercial quantities from the state lands subject
				to lease, and failure to perform such exploration may subject the lease to
				termination. Diligent exploration means exploration operations on or related to
				the leased lands, including without limitation geochemical surveys, heat flow
				measurements, core drilling, or drilling of a test well. A report of all
				exploration operations and expenditures must be submitted to the director at
				the close of each lease year. Beginning with the fourth year of the primary
				lease term, and each year thereafter, exploration operations, to qualify as
				diligent operations, must entail expenses during that year equal to at least 4
				times the lease rental for the same year. Exploration expenses incurred during
				any year of the primary lease term in excess of those required herein may be
				credited toward diligent exploration during subsequent years of the primary
				lease term.
(b) Payment of delayed
				exploration penalty shall be as follows:
(i)
				for the fourth year of the primary term of the lease $2.00 per acre per
				year.
(ii) for the remainder of the
				primary term of the lease an amount per acre per year as determined by the
				board. The delayed exploration penalty for the fifth and succeeding years of
				the primary term of the lease shall continue at the rate of $2.00 per acre per
				year unless the board notifies the lessee not less than 60 days before the
				commencement of the next lease year that payment at a different rate is
				required or permitted; provided that if the lessee shall apply for a hearing
				thereon within 10 days after receipt of notice, the determination of a
				different delayed exploration penalty rate shall become final only after such
				hearing has been held, and the rate determined by the board has been
				affirmed.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.4 - Geothermal Rules and Regulations › Rule 36.25.408 - ASSIGNMENTS AND TRANSFERS

Current through Register Vol. 13, July 5, 2024
(1)
(a) The assignment of any lease, either in
				whole or as to subdivisions of land embracing not less than 40 acres covered
				thereby, made to an assignee qualified as provided under the law and these
				regulations is permitted. Such assignment is not, however, binding upon the
				state until filed with the department, accompanied by the required fees, and
				until the assignment is approved by the board or its lawful representative. For
				the purposes of this rule, any lot, according to the governmental survey, shall
				be deemed to be a legal subdivision of land embracing not less than 40 acres.
				The approval of any assignments so filed and supported may not be withheld in
				any case where the rights or interests of the state in the premises assigned
				will not, in the judgment of the board, be prejudiced thereby. Until such an
				assignment is approved by the board, the lessee of record shall continue fully
				liable and responsible for all of the requirements and obligations of the
				lease.
(b) In case of a partial
				assignment, i.e., assignment of a full interest in only a portion of the leased
				premises, a new lease is issued for the assigned acreage, with the same
				expiration date as the original lease. The original lessee and the assignee
				assume full liability for their respective lessee.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.4 - Geothermal Rules and Regulations › Rule 36.25.409 - OVERRIDING ROYALTY INTERESTS

Current through Register Vol. 13, July 5, 2024
(1) If an
				overriding royalty interest is created which is not shown in the instrument of
				assignment or transfer, a statement must be filed with the director describing
				the interest. Any such assignment will be deemed valid if accompanied by a
				statement over the assignee's signature that the assignee is a person as
				defined in the rules. All assignments of overriding royalty interests without a
				working interest and otherwise not contemplated by ARM
				36.25.408, must be filed for
				record in the office of the department in Helena within 90 days from the date
				of execution. Such interests will not receive formal approval and will be
				recognized as a transfer of title only without recognition of the overriding
				royalty interests.
(2) No
				overriding royalty on the production of geothermal resources created by an
				assignment contemplated by ARM
				36.25.408 or otherwise shall
				exceed 5% nor shall an overriding royalty, when added to overriding royalties
				previously created exceed 5%.
(3)
				The creation of an overriding royalty interest that does not conform to the
				requirements of this rule shall be deemed a violation of the lease terms,
				unless the agreement creating overriding royalties provides for a prorated
				reduction of all overriding royalties so that the aggregate rate of overriding
				royalties does not exceed 5%.
(4)
				In addition to the foregoing limitations, any agreement to create or any
				assignment creating royalties or payments out of production from the leased
				lands shall be subject to the authority of the board, after notice and hearing,
				to require the proper parties thereto to suspend or modify such royalties or
				payments out of production in such manner as may be reasonable when and during
				such periods of time as they may constitute an undue economic burden upon the
				reasonable operations of such lease.
77-4-103,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.4 - Geothermal Rules and Regulations › Rule 36.25.410 - SURRENDER OF LEASE

Current through Register Vol. 13, July 5, 2024
(1) The lessee
				under any geothermal RESOURCES lease granted by the state may at the
				termination of any rental year, by giving to the department 60 days previous
				notice in writing, surrender and relinquish the lease to the state in whole or
				in part, and should be discharged from any obligation not yet accrued as to the
				lands so surrendered and relinquished without prejudice to the continance of
				the lease as to lands not surrendered or relinquished.
(2) Although no particular form of surrender
				is required, each surrender must be in writing, must sufficiently identify the
				lease sought to be surrendered, and must specifically describe the lands to be
				surrendered, whether all of the lease premises or a portion only.
(3) Such written instrument of surrender and
				relinquishment must be signed by the owner of the lease as shown by the records
				of the director, or by his duly authorized agent. If more than one person owns
				the working interest in the lease, either all owners must join in a joint
				surrender of the lease or each must submit a separate, written
				surrender.
(4) If operations have
				been conducted on a lease which lessee desires to surrender, the lessee shall
				also submit with his written instrument of surrender evidence of the proper
				plugging and abandonment of any hole drilled on the lease premises, together
				with evidence that he has complied with the reclamation provisions of ARM
				36.25.316. Before the bond is
				released subsequent to surrender of a lease the department shall inspect the
				tract to determine that reclamation has been accomplished.
(5) If timely notice is given by the lessee
				of an intent to surrender a lease, but the instrument of surrender is
				inadequate under the rules herein set forth, or if any additional required
				information is not timely supplied by the lessee, such informal notice of
				intent to surrender shall be effective to relieve the lessee of any obligation
				to pay further rental under the lease, provided that an instrument of surrender
				and any additional required information is supplied to the board within 60 days
				after the termination date of the lease as intended and sought by the
				lessee.
77-4-103,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.4 - Geothermal Rules and Regulations › Rule 36.25.411 - FORFEITURE, CANCELLATION, AND TERMINATION OF LEASES

Current through Register Vol. 13, July 5, 2024
(1) Every geothermal resources lease granted
				by the state is subject to forfeiture and cancellation thereof upon failure of
				the lessee to fully discharge the obligations provided therein after written
				notice from the board and reasonable time allowed to the lessee for performance
				of any undertaking or obligation specified in such notice concerning which the
				lessee is in default.
77-4-103, MCA; IMP,
					 77-4-121,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.4 - Geothermal Rules and Regulations › Rule 36.25.413 - BONDING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Prior to the
				execution and delivery of any geothermal RESOURCES lease, the lessee shall
				furnish to the department a bond in the minimum amount of $2,000 conditioned
				upon the compliance of the lessee of his obligations under the lease and the
				terms of these rules. In no case shall the bond be less than the total
				estimated cost to the state of completing the work required by the law and
				these rules.
(2) Prior to
				initiation of operations to drill a well for any purpose to 1,000 feet or
				deeper, the lessee shall increase the bond to the amount of $10,000.
(3) At any time during the existence of a
				geothermal resources lease, the board may require new or additional bonds to
				protect the interest and rights of the state and may require the lessee to post
				a bond, in an amount to be set by the board, to insure the payment of damages
				to any surface lessee.
77-4-103, MCA; IMP,
					 77-4-106,
					 MCA;