reglab/statecodes huggingface dataset:
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 36.25.414 - LAND SURFACE USE RIGHTS AND OBLIGATIONS

Current through Register Vol. 13, July 5, 2024
(1)
				The lessee may not enter upon the leased lands for casual exploration or
				inspection until there is in existence a fully executed lease.
(2) The lessee may not enter upon the leased
				lands for exploration operations using motorized earth moving equipment or
				otherwise engaging in operation which may lead to a material disturbance to
				lands, timber, or other resources or improvements on the leased land until
				there is in existence a fully executed lease and the conditions of ARM
				36.25.404, 36.25.435, and
				36.25.415, if pertinent, have been
				satisfied.
(a) Before entering upon lands as
				specified in ARM
				36.25.414(2), the
				lessee shall provide the department with the following:
(i) name and address of operator;
(ii) exact legal description of the location
				of the operation;
(iii) starting
				date and estimated completion date of the operation;
(iv) the anticipated size or scope of the
				operation including manpower, equipment and proposed disturbance;
(v) the general method of operation as
				provided in ARM 36.25.415;
(vi) any
				other information the department may require.
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 36.25.415 - OPERATIONS

Current through Register Vol. 13, July 5, 2024
(1) All operations will conform to the best
				practice and engineering principles in use in the industry. Operations shall be
				conducted in such manner as to protect the natural resources on the leased
				lands, including without limitation geothermal resources, and to result in the
				maximum ultimate recovery of geothermal resources with a minimum of waste, and
				be consistent with the principles of the use of the land for other purposes and
				of the protection of the environment.
(a)
				Lessee shall use all reasonable means at his disposal to prevent:
(i) waste;
(ii) damage to any natural resource including
				trees and other vegetation, fish and wildlife and their habitat;
(iii) injury and damage to person, real or
				personal property; and
(iv) any
				environmental pollution or damage.
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 36.25.416 - CONFLICTING LEASES

Current through Register Vol. 13, July 5, 2024
(1) Where a lease
				issued under these rules and regulations conflicts with a mineral lease
				covering the same lands, the person who was first in time is entitled to
				priority of rights. However, exercise of this priority shall not interfere with
				actual production from a lease when so ordered by the board.
77-4-103, MCA; IMP,
					 77-4-109
					 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 36.25.417 - 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 geothermal RESOURCES. Such
				minutes shall be open to public inspection during normal office hours of the
				office of the director.
(2) The
				board shall maintain a record of the publication of notices of all lease sales.
				Such record shall consist of published copies of such notices or affidavits of
				publication as provided in
				26-1-1011, MCA.
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 36.25.418 - FEES

Current through Register Vol. 13, July 5, 2024
The fees charged for geothermal lease related:
(1) for application $10.00;
(2) for each lease $25.00;
(3) for each assignment affecting a
				geothermal resources lease or interest therein, of whatever nature
				$25.00.
77-4-103, MCA; IMP,
					 77-1-302,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.6 - Metalliferous Leasing Rules › Rule 36.25.601 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
When used herein, unless a different meaning clearly appears
				  from the context:
(1) "Assignee" means
				the person or persons to whom a lessee has transferred all or part of the
				unexpired term of his lease and who appears as such on record in the offices of
				the department;
(2) "Assignment"
				means any approved transfer of interest between a lessee and a second party
				whereby the second party is accorded the use of all or part of the lessee's
				leasehold interest;
(3) "Board"
				means the board of land commissioners of the state of Montana;
(4) "Department" means department of natural
				resources and conservation;
(5)
				"Director" means director of natural resources and conservation;
(6) "Gems" means sapphires, rubies, and other
				stones commonly known as "precious or semi-precious stones" but does not mean
				stones or other earth materials commonly used in building or construction
				work;
(7) "Lease" means unless the
				context indicates otherwise, a metalliferous mineral and gem lease issued
				pursuant to Title 77, chapter 3, part 1, MCA, and this sub-chapter;
(8) "Lessee" means the person or persons in
				whose name a metalliferous mineral and gem mining lease appears on record in
				the offices of the department, whether such person or persons 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 metalliferous mineral and gem lease but with whom a formal
				metalliferous and gem lease agreement has not been completed and
				finalized;
(9) "Metalliferous
				minerals" means gold, silver, lead, zinc, copper, platinum, iron, and all other
				metallic minerals, except uranium or other fissionable materials;
(10) "Mining" means operations for the
				purpose of extracting from the earth ore and other material containing
				metalliferous minerals or gems, and commences at such time as commercial
				quantities of ore or other material are removed for sale, benefication,
				refining or other processing or disposition.
(11) "Person" means any individual, firm,
				association, corporation, governmental agency or other legal entity;
(12) "Qualified applicant" means any person,
				who may become a qualified lessee as set forth under ARM
				36.25.604 hereof;
(13) "Standard lease form" means the lease
				form currently in use and approved by the board;
(14) "State" means the state of
				Montana;
(15) "State lands" means
				all lands the leasing of which for metalliferous minerals and gems are under
				the jurisdiction of the board.
77-6-104, MCA; IMP,
					 77-3-101,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.6 - Metalliferous Leasing Rules › Rule 36.25.602 - LANDS AVAILABLE FOR LEASING

Current through Register Vol. 13, July 5, 2024
(1) Lands available
				for leasing under these rules include any state lands in which mineral rights
				are not reserved by the United States or other grantor or predecessor in title.
				Such state lands include those which have been sold but in which mineral rights
				have been reserved, in whole or in part, by the state of Montana.
(2) Unsurveyed lands, including those under
				navigable lakes and streams, are available for leasing, provided that any
				applicant for a lease on such lands shall supply the department with as
				accurate an estimate of the number of acres to be included under such lease as
				can be derived from the latest survey, or an aerial photograph, and such other
				information as is available to the applicant. Further provided, that if and
				when such lands are leased and metalliferous metals or gems in commercial
				quantities are produced from the lands, the lessee shall supply the department
				with a legal description of the lands by courses and distances (metes and
				bounds). The department assumes no liability or responsibility for the
				correctness, completeness or validity of such description and does not warrant
				title to such lands.
(3) No lease
				may embrace more than one governmental section. The land shall be leased in as
				compact bodies as possible. No lease may embrace noncontiguous subdivisions of
				lands unless such subdivisions are within an area comprising not more than one
				square mile.
(4) No lease on lands
				covered by lease for the mining of coal, oil, or gas may be issued to any
				person, association or corporation other than the holder of such coal, oil, or
				gas lease while that lease is in force except with the written consent of the
				holder of the coal, oil, or gas lease.
77-6-104, MCA; IMP,
					 77-3-102,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.6 - Metalliferous Leasing Rules › Rule 36.25.603 - WHO MAY LEASE - QUALIFIED LESSEES

Current through Register Vol. 13, July 5, 2024
(1) Any person,
				association, partnership, corporation, domestic or foreign, or municipality
				qualified under the Constitution and the laws of the state of Montana may lease
				state lands for metalliferous minerals and gem purposes; however all
				corporations not incorporated in Montana must obtain a certificate of authority
				to transact business in this state from the secretary of state.
(2) No officer or employee of any agency of
				the executive department of state government who is required to inspect or
				examine metalliferous mineral or gem mines or otherwise to gather field
				information in regard to prospecting for metalliferous minerals or gems or the
				production thereof, may take or hold such a lease, nor shall such person become
				interested in any manner in any lease on state lands.
(3) Any person qualified to hold a lease on
				state lands may acquire, receive and hold more than one lease.
77-6-104, MCA; IMP,
					 77-1-113,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.6 - Metalliferous Leasing Rules › Rule 36.25.604 - APPLICATION FOR LEASE

Current through Register Vol. 13, July 5, 2024
(1) Any person who
				desires that any tract of state lands be considered for metalliferous mineral
				and gem leasing shall make application for a lease on the form prescribed by
				the department and then in current use. Blank forms for such applications may
				be secured from the department at no cost. Such application must be accompanied
				by an application fee and shall contain an adequate and sufficient description
				of the land sought to be leased and shall be deemed and considered for all
				purposes an offer to lease the lands described therein at the minimum rental
				and royalty rates as provided in this sub-chapter.
77-6-104, MCA; IMP,
					 77-3-111,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.6 - Metalliferous Leasing Rules › Rule 36.25.605 - TERM OF LEASE

Current through Register Vol. 13, July 5, 2024
(1) The lease shall
				be granted on the standard lease form for a primary term or period of 10 years,
				and as long thereafter as metalliferous minerals or gems in paying quantities
				are produced, on condition that all royalties, rents, and other obligations are
				fully kept and performed by the lessee. The board shall extend the term of the
				lease if it determines that a failure to produce in paying quantities is a
				result of factors beyond the control of the lessee such as but not limited to a
				national emergency or a temporary decrease in the price at which the particular
				metalliferous mineral or gem can be sold.
77-6-104, MCA; IMP,
					 77-3-115,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.6 - Metalliferous Leasing Rules › Rule 36.25.606 - RENTALS

Current through Register Vol. 13, July 5, 2024
(1) The lessee shall pay an annual rental to
				the state. The rental for the first year shall be at least $1.00 per acre and
				may include an additional amount per acre as a bonus determined by the board.
				The rental for the second and third year shall be $1.00 per acre. The rental
				for the fourth and fifth year shall be $2.50 per acre and the rental
				thereafter, until the lease terminates, shall be $3.00 per acre. In no case
				shall the total rental for one lease be less than $100.00 per year.
77-6-104, MCA; IMP,
					 77-3-115,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.6 - Metalliferous Leasing Rules › Rule 36.25.607 - ROYALTIES

Current through Register Vol. 13, July 5, 2024
(1) The lessee shall pay a royalty to the
				state on all metalliferous minerals or gems produced, which shall be in cash
				unless the board at its option requires that the royalty be delivered in
				kind.
(2) The royalty for all ores
				bearing metalliferous minerals or gems which are mined, saved and removed from
				the leased premises shall be not more than eight percent (8%) or less than five
				percent (5%) of the returns from the metalliferous minerals or gems, as
				determined by the board on a case by case basis, but in no case shall be less
				than five percent (5%) of the fair market value of the metalliferous minerals
				or gems recovered. The returns are defined as the net amount received by the
				shipper after deducting reasonable transportation costs to the closest feasible
				point of sale, smelting charges and deductions and other treatment costs, not
				including as a deduction any cost of producing or treating at the mine. The
				fair market value is the value of the minerals or gems in raw crude form as
				recovered at the mine site.
77-6-104, MCA; IMP,
					 77-3-116,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.6 - Metalliferous Leasing Rules › Rule 36.25.608 - RECORDS AND REPORTS

Current through Register Vol. 13, July 5, 2024
(1) The lessee
				shall maintain adequate records to determine the amount of royalty
				owned.
(2) The lessee shall furnish
				upon request, but not more than once each calendar year, an exploration and
				development report which describes the work completed by the lessee. The report
				shall include a plat showing the location of any work completed on the lease
				property and shall include a complete geologic log and electric log (if done)
				of any test holes.
(3) Upon
				commencement of mining, the lessee shall make on or before the last day of each
				quarter, a report to the department concerning the operations for the latest 3
				months for which records are available but not more than 3 months preceding the
				report. The report shall be on the form prescribed by the department and shall
				provide sufficient information to determine the royalty as well as any other
				pertinent information requested by the department. The royalty for the quarter
				reported shall accompany the report.
77-6-104, MCA; IMP,
					 77-3-119,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.6 - Metalliferous Leasing Rules › Rule 36.25.609 - ASSIGNMENTS AND TRANSFERS

Current through Register Vol. 13, July 5, 2024
(1) The lessee may
				assign any lease, either in whole or as to subdivisions of land embracing not
				less than 40 acres, to any person, qualified as provided under the law and this
				subchapter. Such assignment is not, however, binding upon the state until filed
				in duplicate executed copies on the form prescribed by the department,
				accompanied by a fee together with proof of qualifications of the assignee as a
				lessee, and until the assignment is approved by the department. For the
				purposes of this rule, any lot, platted according to the governmental survey,
				is deemed to be a legal subdivision of land embracing 40 acres. The approval of
				any assignment 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 department, be prejudiced thereby. Until such an assignment is
				approved the lessee of record continues to be fully liable and responsible for
				all of the requirements and obligations of the lease.
(2) In the case of a partial assignment,
				i.e., assignment of a full interest in only a portion of the leased premises, a
				new lease shall be issued for the assigned acreage, with the same expiration
				date as the original lease.
(3) The
				assignment of a lease, either in whole or in part, to more than one assignee
				will be permitted if the proposed assignment is otherwise in compliance with
				the foregoing requirements. However, no such assignment may be approved until
				one of the assignees is designated to act as agent for the purpose of receiving
				any and all notices from the department given in connection with the lease and
				meeting all requirements and obligations under lease.
(4) Assignment of undivided, fractional
				interests in any lease, either as to the whole of the leased premises, or to
				any portion may be arranged by having the lessee assign title to the acreage in
				question to himself and the assignee. The assignment may show the respective
				shares of interest but the transaction is approved as a transfer of title only
				and without recognition of the respective interests.
(5) Assignments involving overriding
				royalties or containing certain reservations by the assignee are approved as
				transfers of title only and without recognition of such overriding royalties or
				special terms and conditions.
(6)
				Evidence of transfers by operation of law should be in the form of a certified
				copy of the appropriate court order or decree or similar document. A transfer
				by operation of law to an unqualified person may be recognized by the
				department for a period of time sufficient to transfer the interest to a
				qualified person.
77-6-104, MCA; IMP,
					 77-3-105,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.6 - Metalliferous Leasing Rules › Rule 36.25.610 - SURRENDER OF LEASE

Current through Register Vol. 13, July 5, 2024
(1) The lessee may
				surrender and relinquish to the state any legal subdivision of lands leased,
				and be discharged from any obligations not yet accrued as to the lands so
				surrendered and relinquished, without prejudice to the continuance of the lease
				as to the lands not surrendered or relinquished.
(2) Although no particular form of surrender
				is required, such surrender must be in writing, must sufficiently identify the
				lease sought to be surrendered, and must specifically describe the lands to be
				surrendered.
(3) Such written
				instrument of surrender and relinquishment must be signed by the owner of the
				lease as shown by the records of the department. If more than one person owns
				the working interest in a lease, all such owners must join in a joint surrender
				of the lease or each must submit a separate, written surrender.
(4) The lease bond shall not be released
				until any land disturbed by the lessee has been restored as provided in this
				subchapter or a subsequent lessee assumes responsibility for the
				disturbance.
77-6-104, MCA; IMP,
					 77-3-115 and
					 77-3-132,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.6 - Metalliferous Leasing Rules › Rule 36.25.611 - CANCELLATION OR TERMINATION

Current through Register Vol. 13, July 5, 2024
(1) The lease is
				subject to cancellation for failure to comply with the terms of the lease or
				this sub-chapter. The lessee shall be notified of any failure to comply and
				allowed a reasonable time to comply. If the lessee fails to comply within a
				reasonable time the lease shall be canceled.
(2) Upon termination of the lease for any
				cause the lessee shall immediately surrender the premises and shall remove all
				personal property within 60 days after termination of the lease.
(3) The lessee shall remain responsible for
				restoring the disturbed land until it has been restored as provided in this
				subchapter or in the lease itself. The former lessee may be relieved of this
				responsibility if the land is released.
77-6-104, MCA; IMP,
					 77-3-115 and
					 77-3-132,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.6 - Metalliferous Leasing Rules › Rule 36.25.612 - MINIMIZATION OF DISTURBANCE

Current through Register Vol. 13, July 5, 2024
(1) The lessee
				shall prospect and explore for metalliferous minerals or gems with the minimum
				disturbance to the surface of the land which is required to adequately explore
				the property. Furthermore, all mining operations shall be conducted in such a
				manner as to protect property and resources from disturbance which is not
				reasonably necessary in order to efficiently and economically remove the
				mineral deposit.
(2) The lessee
				shall enclose and maintain all shafts, tunnels and other openings in order to
				protect livestock and humans from dangerous conditions.
(3) The lessee shall not cut any timber on
				leased land for use in its operations without the written consent of the
				department. The lessee shall pay the customary charges for such timber if
				consent is obtained.
(4) The lessee
				shall comply with all applicable state and federal laws, rules and regulations,
				including but not limited to those concerning safety, environmental protection
				and reclamation. The lessee shall conduct and reclaim the operation in
				accordance with the performance and reclamation standards of applicable
				reclamation laws. Exemption of lessee's operations from applicable reclamation
				laws does not relieve the lessee from the obligation to conduct and reclaim the
				operations in accordance with the performance and reclamation
				standards.
77-6-104, MCA; IMP,
					 77-3-115,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.6 - Metalliferous Leasing Rules › Rule 36.25.613 - MINERAL LESSEE'S SURFACE RIGHTS

Current through Register Vol. 13, July 5, 2024
(1) The
				mineral lessee has the right to use the land surface as necessary in order to
				explore, develop and mine the leased lands.
(2) Any sale, contract for sale or lease of
				state land which has been leased for minerals pursuant to this subchapter shall
				be made subject to such mineral lease and the surface owner, purchaser or
				lessee shall not be entitled to surface damages.
(3) If the surface of the land leased for
				minerals pursuant to this subchapter has been previously sold or contracted for
				sale or leased, the rights of the prior purchaser, contractee or lessee shall
				be protected as required by law and the board.
77-6-104, MCA; IMP,
					 77-3-132,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.6 - Metalliferous Leasing Rules › Rule 36.25.614 - BONDING

Current through Register Vol. 13, July 5, 2024
(1) Prior to issuance of the lease, the
				lessee shall file with the department a bond in the penal sum of at least
				$1,000.00 conditioned upon payment of rentals and royalties, upon compliance
				with all lease terms and in order to protect the rights of any prior purchasers
				or lessees. The board may require an additional bond or bonds, at any time
				during the period of the lease. Lessee may furnish one bond covering all
				metalliferous minerals and gem leases in which any interest is held or acquired
				by lessee. If such a blanket bond is furnished by lessee, separate bonds
				relating to individual leases shall not be required. Such blanket bond shall be
				in an amount to be fixed by department. Payment of a sum under the terms of
				said bond or bonds do not release lessee from liability for damages in excess
				of the amount paid under the terms of said bond or bonds.
77-6-104, MCA; IMP,
					 77-3-119 and
					 77-3-120,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.6 - Metalliferous Leasing Rules › Rule 36.25.615 - SPECIAL CONDITIONS AND STIPULATIONS

Current through Register Vol. 13, July 5, 2024
(1)
				The board may attach special conditions and stipulations to any lease prior to
				issuance in order to protect the interests of the state. An applicant or bidder
				shall be notified of any special condition or stipulation prior to lease or
				issuance and may withdraw his application and elect not to enter into a lease
				as a result of the special condition or stipulation.
77-6-104, MCA; IMP,
					 77-3-115,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.6 - Metalliferous Leasing Rules › Rule 36.25.616 - NOTICE OF DISCOVERY OF OTHER MINERALS

Current through Register Vol. 13, July 5, 2024
(1)
				The mineral lessee shall promptly notify the department of the discovery of any
				valuable minerals other than those covered by the mining lease.
77-6-104, MCA; IMP,
					 77-3-114 and
					 77-3-118,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.6 - Metalliferous Leasing Rules › Rule 36.25.617 - 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
				the interests of the lessee in any particular lease. Any hearing will be
				conducted informally, without adherence to the strict rules of evidence of a
				court of law. Any action by the department shall be stayed pending the outcome
				of the hearing.
77-6-104, MCA; IMP,
					 77-1-202,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.7 - Cabin and Home Site Land Banking › Rule 36.25.701 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in this subchapter, the following definitions apply,
				  except where the context clearly indicates otherwise:
(1) "Agenda item report" means an agenda item
				containing information specific to sales presented to the state Board of Land
				Commissioners.
(2) "Bid" means a
				written or oral monetary commitment to purchase land or interest in land
				offered at the specified time and place by a person eligible to participate in
				an auction, as specified by the department in accordance with
				77-2-363, MCA.
(3) "Bid deposit" for a cabin site or home
				site sale only means electronic funds transfer or a certified check or
				cashier's check drawn on any Montana bank equal to five percent of the minimum
				sales price submitted in connection with a bid for the real property as an
				assurance of the performance of a contractual or promissory
				requirement.
(4) "Board" means the
				state Board of Land Commissioners.
(5) "Department" means the Department of
				Natural Resources and Conservation.
(6) "Estimated costs" means the estimated
				costs to prepare the cabin site or home site for sale.
(7) "Improvement owner" means a person with
				legal title to the improvements built upon or located on the cabin or home
				site, who is a current or former lessee, or their successor.
(8) "Improvements" means a home or residence,
				outbuildings and structures, sleeping cabins, utilities, water systems, septic
				systems, docks and landscaping.
(9)
				"Lessee" means the current lease holder of any cabin site or home site lease of
				state trust land.
(10) "Parcel"
				means one section or less that can be identified by legal description,
				independent of any other parcel of land, using documents on file in the records
				of the county clerk and recorder's office or in the department's
				records.
(11) "Processing costs"
				means estimated costs of preparing the parcel for sale, including but not
				limited to nomination fees, legal advertising, appraisals attributable to
				improvements, cultural resource inventories, required environmental review if
				not exempt under
				77-2-363(6)(b),
				MCA, public notice, and document filing fees.
(12) "Tract" means a distinct portion of
				land, irrespective of ownership, that can be identified by legal description,
				independent of any other portion of land, using documents on file in the
				records of the county clerk and recorder's office.
AUTH:
					 77-1-204,
					 77-2-308,
					 77-2-328,
					 77-2-362, MCA; IMP:
					 77-2-328,
					 77-2-362,
					 77-2-363,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.7 - Cabin and Home Site Land Banking › Rule 36.25.702 - TRANSACTION COSTS FOR CABIN SITE OR HOME SITE SALES

Current through Register Vol. 13, July 5, 2024
(1) With the exception of processing costs
				described in this rule, the purchaser, or an applicant for purchase, of lands
				formerly comprising a state cabin site need not compensate the department for
				any administrative costs or services performed by department staff necessary
				for the sale of that state cabin site.
(2) The department shall:
(a) maintain a record of each transaction;
				and
(b) summarize all costs at the
				completion of each sale.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.7 - Cabin and Home Site Land Banking › Rule 36.25.703 - CONSIDERATIONS IN THE SALE OF CABIN SITE OR HOME SITE PURSUANT TO LAND BANKING

Current through Register Vol. 13, July 5, 2024
(1) If the sale of a parcel would extinguish
				existing, reasonable public access to other public or state trust land or to
				public water, as defined in
				77-2-303(2)(a),
				MCA, the board shall reserve an easement or right of way for access to the
				other public or state trust land or to public water.
(2) If the sale of a parcel would extinguish
				access to adjacent private land, the department shall provide an opportunity
				for the landowner to make application to purchase an easement under
				77-1-107,
				77-1-130, or
				77-2-101, MCA.
77-2-303,
					 77-2-362, MCA; IMP,
					 77-2-308,
					 77-2-311,
					 77-2-363,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.7 - Cabin and Home Site Land Banking › Rule 36.25.704 - PRELIMINARY REVIEW OF CABIN SITES AND HOME SITE SALE PARCELS BEFORE NOMINATION

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall conduct a preliminary review of each parcel prior to department's
				nomination of any cabin site or home site parcel for sale. The department shall
				also conduct a preliminary review of any lessee- or improvement owner-nominated
				parcel to determine the suitability and priority for selling a cabin site or
				home site. The department may consider the following factors in the preliminary
				review:
(a) whether sale is consistent with
				the board's constitutional fiduciary duty;
(b) whether the parcel possesses clear title
				and whether any mortgage holder consents to sale;
(c) whether there are any outstanding lease
				violations on the parcel;
(d)
				whether, and to what degree the sale of the parcel would affect access to other
				public lands; and
(e) the extent of
				infrastructure, such as roads, utilities, power, telephone, water, or sewer
				availability.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.7 - Cabin and Home Site Land Banking › Rule 36.25.705 - PROCEDURES FOR NOMINATING AND EVALUATING CABIN SITES AND HOME SITES FOR SALE PURSUANT TO LAND BANKING

Current through Register Vol. 13, July 5, 2024
(1) The board
				shall, in its sole discretion, sell individual cabin sites and home sites in
				configurations providing the best financial and management advantage to the
				affected trust beneficiary.
(2) The
				board reserves the right to approve or deny any nominations for the sale of
				state cabin sites and home sites. The department reserves the right to
				prioritize activities and determine the number of transactions processed
				related to the sale of cabin sites and home sites.
(3) The board, the department, the current
				lessee of, or the improvement owner may nominate that cabin site or home site
				for sale:
(a) nominations must be on a form
				issued by the department and must be sent to the appropriate department office,
				as noted on the form;
(b) a lessee
				or improvement owner may nominate and shall pay a nonrefundable $100 processing
				fee for each cabin site or home site nominated;
(c) the department may not accept incomplete
				nominations;
(d) the department
				shall review the classification of the parcel, as provided in
				77-1-401, MCA, and classify the
				parcel if it is not classified; and
(e) when a parcel is nominated, the
				department shall notify:
(i) all persons
				holding a license on the parcel;
(ii) the representative of any affected trust
				beneficiary; and
(iii) the lessee
				of the parcel if the board or department nominated the parcel for
				sale.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.7 - Cabin and Home Site Land Banking › Rule 36.25.706 - TERMINATION OF LESSEE-INITIATED CABIN SITE OR HOME SITE SALE AFTER DEPOSIT AND PROCESSING COSTS PAID BY LESSEE

Current through Register Vol. 13, July 5, 2024
(1) If the
				current lessee of the cabin site or home site has initiated the sale, as
				authorized by
				77-2-361 through
				77-2-367, MCA, and submitted
				processing costs with the department, the lessee may, subject to (2), cancel
				the sale by sending written notice to the department by certified mail of the
				current lessee's intent to cancel the sale.
(2) To be valid, a notice of cancellation
				sent pursuant to (1) must be received by the department:
(a) at least 10 days before the date of the
				auction; and
(b) before any other
				person has registered for the auction by submitting a bid bond consistent with
				77-2-363(2) (a),
				MCA, and executing a purchase agreement with the department. In the event that
				a sale cancellation request is received by the department on the same day that
				the department receives a bid bond and executed purchase agreement from another
				bidder, the cancellation is not valid.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.7 - Cabin and Home Site Land Banking › Rule 36.25.707 - PROCEDURE FOR CONDUCTING CABIN SITE AND HOME SITE SALES

Current through Register Vol. 13, July 5, 2024
(1) All land cabin site and home site sales
				are subject to the provisions of
				77-2-318 through
				77-2-326, MCA.
(2) The department shall set the date of the
				auction. Bidders may appear personally or be represented by a legally
				authorized representative.
(3) As
				required by
				77-2-322, MCA, the department
				shall, at a minimum:
(a) publish notice of
				the auction in a newspaper of general circulation in the county where the
				auction is to take place, once each week for four consecutive weeks preceding
				the due date for bid deposits; and
(b) post the notice on the department's web
				site or other equivalent electronic medium and provide links to associated
				realty web sites, when feasible.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.7 - Cabin and Home Site Land Banking › Rule 36.25.708 - VALUATION OF CABIN SITE AND HOME SITE IMPROVEMENTS FOR ACQUISITION UPON SALE OF CABIN AND HOME SITES

Current through Register Vol. 13, July 5, 2024
(1) If the lessee
				or improvement owner consents to the terms and conditions of the proposed sale
				and the valuation of cabin site or home site improvements, the sale must
				proceed utilizing the board's final determination of the values, and the lessee
				or improvement owner is obligated to transfer its interest in the cabin site or
				home site improvements existing upon the cabin site or home site lease
				according to the board's final determination of their value. The lessee or
				improvement owner shall receive the entire proceeds of sale attributable to the
				value of the improvements as previously determined by the board.
(2) Nothing in this rule prohibits the lessee
				or improvement owner from choosing to accept a price for the cabin site or home
				site improvements existing the cabin site or home site that is less than the
				board's final determination of value.
77-1-204,
					 77-2-308,
					 77-2-317,
					 77-6-302,
					 77-6-303,
					 77-6-306, MCA; IMP,
					 77-2-317,
					 77-2-328,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.8 - Land Banking › Rule 36.25.802 - LAND BANKING TRANSACTION COSTS

Current through Register Vol. 13, July 5, 2024
(1) The
				department may not be compensated for transaction costs of services performed
				by department staff.
(2) The
				department shall:
(a) maintain a record of
				each transaction; and
(b) summarize
				transaction costs at the completion of each sale or acquisition.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.8 - Land Banking › Rule 36.25.803 - CONSIDERATIONS IN THE SALE OF STATETRUSTLAND PURSUANT TO LAND BANKING

Current through Register Vol. 13, July 5, 2024
(1) The board may only sell a parcel that is
				wholly surrounded by other public land if the board provides compelling reasons
				for the sale.
(2) The board may
				only sell a parcel that is wholly surrounded by land under conservation
				easement if the board provides compelling reasons for the sale.
(3) The board may only sell a parcel that the
				department, in compliance with the Montana Environmental Policy Act,
				75-1-201, et seq., MCA, (MEPA),
				determines significant for threatened or endangered species if the board
				provides compelling reasons for sale.
(4) If the sale of a parcel would extinguish
				existing, reasonable public access to other public or state trust land or to
				public water, as defined in
				77-2-303(2) (a),
				MCA, the board shall reserve an easement or right of way for access to the
				other public or state trust land or to public water.
(5) If the sale of a parcel would extinguish
				access to adjacent private land, the department shall provide an opportunity
				for the landowner to make application to purchase an easement under
				77-1-107,
				77-1-130, or
				77-2-101, MCA.
(6) If a person directly or indirectly
				creates an isolated parcel of school trust land in order to benefit from land
				banking, the department shall recommend that the parcel be considered
				nonisolated.
77-2-362, MCA; IMP,
					 77-2-308 and
					 77-2-363,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.8 - Land Banking › Rule 36.25.804 - PRELIMINARY REVIEW OF PARCELS BEFORE NOMINATION

Current through Register Vol. 13, July 5, 2024
(1) The department shall conduct a
				preliminary review of each parcel prior to nomination to determine whether
				further review is warranted. The department may consider the following factors
				in the preliminary review:
(a) the parcel
				produces low income, as calculated by:
(i)
				high market value and low return on the asset;
(ii) high administrative costs relative to
				other similar parcels; or
(iii) low
				potential to increase productive capacity of the land;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.8 - Land Banking › Rule 36.25.805 - PROCEDURES FOR NOMINATING AND EVALUATING STATE TRUST LANDS FOR SALE PURSUANT TO LAND BANKING

Current through Register Vol. 13, July 5, 2024
(1) The board
				shall, in its sole discretion, sell sale units in configurations providing the
				best financial and management advantage to the affected trust
				beneficiary.
(2) The board reserves
				the right to approve or deny nominations for the sale of state trust land. The
				department reserves the right to prioritize activities related to the sale of
				state trust land.
(3) The board,
				the department, or the current lessee may nominate a parcel or parcels of state
				trust land for sale:
(a) nominations must be
				on a form issued by the department and must be sent to the appropriate
				department office, as noted on the form;
(b) a lessee may nominate one or more parcels
				currently held by that lessee under a state of Montana surface lease agreement.
				The nominating lessee shall pay a nonrefundable $100 processing fee for each
				parcel of land nominated;
(c) the
				department may not accept incomplete nominations;
(d) the department shall review the
				classification of the parcel, as provided in
				77-1-401, MCA, and classify the
				parcel if it is not classified; and
(e) when a parcel is nominated, the
				department shall notify:
(i) all persons
				holding a license on the parcel;
(ii) the representative of any affected trust
				beneficiary; and
(iii) the lessee
				of the parcel if board or department nominated.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.8 - Land Banking › Rule 36.25.806 - REQUIREMENTS FOR LAND BANKING EARNEST MONEY DEPOSIT (REPEALED)

Current through Register Vol. 13, July 5, 2024
77-1-204,
					 77-2-308,
					 77-2-362, MCA; IMP,
					 77-2-328,
					 77-2-363,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.8 - Land Banking › Rule 36.25.807 - TERMINATION OF LESSEE-INITIATED LAND BANKING SALE AFTER DEPOSIT AND PROCESSING COSTS PAID BY LESSEE

Current through Register Vol. 13, July 5, 2024
(1) If the current
				lessee of the land to be sold has initiated the sale, as authorized by
				77-2-361 through
				77-2-367, MCA, and submitted
				processing costs with the department, the lessee may cancel the sale. The
				lessee shall send written notice by certified mail to the department,
				postmarked no later than ten days before the date of the auction.
(2) If the lessee cancels the sale the lessee
				shall pay all costs incurred by the department in preparing the sale, including
				but not limited to:
(a) any costs incurred
				for preparation of documents required by
				75-1-201, et seq., MCA;
(b) appraisal;
(c) survey;
(d) cultural resource inventory;
(e) natural resource inventories;
(f) public hearings; and
(g) other costs that may be incurred by the
				department and/or board.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.8 - Land Banking › Rule 36.25.808 - PROCEDURE FOR CONDUCTING STATE TRUST LAND SALES

Current through Register Vol. 13, July 5, 2024
(1) All land sales are subject to the
				provisions of
				77-2-318 through
				77-2-326, MCA.
(2) The department shall set the date of the
				auction. Bidders may appear personally or be represented by a legally
				authorized representative.
(3) As
				required by
				77-2-322, MCA, the department
				shall, at a minimum:
(a) publish notice of
				the auction in a newspaper of general circulation in the county where the
				auction is to take place, once each week for four consecutive weeks preceding
				the due date for bid deposits; and
(b) post the notice on the department's web
				site or other equivalent electronic medium and provide links to associated
				realty web sites, when feasible.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.8 - Land Banking › Rule 36.25.809 - SETTLEMENT FOR AND REMOVAL OF IMPROVEMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				If the parcel is under an agricultural or grazing lease or license with the
				state at the time of sale, settlement and removal of improvements are governed
				by the conditions of the lease or license or by ARM
				36.25.125.
(2) If the parcel is under a residential
				lease at the time of sale, the conditions of settlement for and removal of
				improvements are governed by the lease or by ARM
				36.25.131.
(3) If the parcel is under a commercial lease
				or license with the state at the time of sale, the conditions of settlement for
				and removal of improvements are governed by the lease or license.
(4) In all other situations, the purchaser of
				the state trust land shall reimburse the former lessee for the reasonable value
				of those improvements the purchaser has accepted.
(5) Where there is a dispute over the value
				of the improvements, arbitration, as detailed in
				77-6-306, MCA, must be used to set
				the value of improvements.
77-1-204,
					 77-2-308,
					 77-6-302,
					 77-6-303,
					 77-6-306, MCA; IMP,
					 77-2-328,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.8 - Land Banking › Rule 36.25.810 - FINAL BOARD APPROVAL AND ISSUANCE OF DOCUMENTS OF CONVEYANCE

Current through Register Vol. 13, July 5, 2024
(1) Before issuing documents of conveyance,
				the department shall present the proposed sale to the board:
(a) the board shall approve or disapprove the
				sale; and
(b) if the board
				disapproves the sale, the successful bidder is not responsible for
				costs.