Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.102 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
When used in this sub-chapter, unless a different meaning
				  clearly appears from the context:
(1)
				"Agricultural land" means land which is principally valuable for the production
				of crops;
(2) "Animal unit" means 1
				cow, 1 horse, 5 sheep, or 5 goats;
(3) "Animal-unit-month carrying capacity"
				(A.U.M.) means that amount of natural feed necessary for the complete
				subsistence of one animal unit for one month;
(4) "Best interests of the state" means those
				considerations that will produce the maximum return to the state with the least
				damage to the long-term productivity of the land;
(5) "Board" means the board of land
				commissioners of the state of Montana;
(6) "Cabinsite" means land occupied or to be
				occupied for a non-commercial use as a temporary or principal place of
				residence, for a single family, or equivalent of the same, and the supporting
				buildings, in the immediate vicinity;
(7) "Crop" means such products of the soil as
				are planted and harvested, including but not limited to cereals, vegetables and
				grass maturing for harvest or harvested, but not including grass used for
				pasturage;
(8) "Custom farming"
				means farming for another at a fixed fee. Such fixed fee may not be based on a
				crop share percentage.
(9)
				"Department" means department of natural resources and conservation;
(10) "Director" means director of natural
				resources and conservation, chief administrative officer of the department of
				natural resources and conservation;
(11) "Full market value" means the most
				probable price in terms of money that a property will bring in a competitive
				and open market under all conditions requisite to a fair sale, the buyer and
				the seller each acting prudently, knowledgeably, and assuming the price is not
				affected by undue stimulus;
(12)
				"Grazing land" means land which is principally valuable for pasturage or the
				feeding of livestock on growing grass or herbage;
(13) "Handicapped lessee" means a lessee
				certified by the department of public health and human services to have a
				physical or mental impairment that substantially limits one or more major
				activities, such as writing, seeing, hearing, speaking, or mobility, and that
				limits the lessee's ability to obtain, retain, or advance in
				employment;
(14) "Land use license"
				or "license" means a contract by which the department conveys an interest in
				state lands for a specific term and fee, and for a use other than that for
				which the land is classified;
(15)
				"Lease" means a contract by which the board conveys state lands for a term of
				years for a specified rental, and for the use for which the land is
				classified;
(16) "Lease fee
				adjustment" means the process by which the department applies the rental rate
				contracted in the lease to the most recent appraised market value to determine
				if it is necessary to alter the annual rental payment. The adjustment will
				occur at the review period defined in the lease and at the time of
				renewal;
(17) "Lessee" means the
				person or persons in whose name a surface 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 surface lease but with whom a formal surface lease has not been
				completed and finalized;
(18)
				"Licensee" means the person or persons in whose name a license appears on the
				record in the offices of the department, whether such person or persons be the
				original licensee or subsequent assignee;
(19) "Pasturing agreement" means a sublease
				in which the lessee personally retains full management and control of the land
				and livestock;
(20) "Person" means
				any individual, firm, association, corporation, governmental agency or other
				legal entity;
(21) "Qualified
				applicant" means any person who has filed an application and who may become a
				qualified lessee or licensee;
(22)
				"Standard lease form" means the lease form then currently in use and approved
				by the board;
(23) "State" means
				the state of Montana;
(24) "State
				lands" means all lands for which the surface leasing is under the jurisdiction
				of the board as defined by
				77-1-202, MCA;
(25) "Sublease" means any agreement, written
				or oral, between a lessee and a third party whereby the third party is accorded
				the use of all or any part of the lessee's leasehold interest, including
				pasturing agreements;
(26)
				"Sublessee" means the person or persons to whom a lessee has leased all or part
				of the unexpired term of his lease;
(27) "Surface" means the superficial part of
				land including the soil and waters which lie above any minerals;
(28) "Timber land" means land which is
				principally valuable for the timber that is on it, for the growing of timber or
				for watershed protection;
(29)
				"Tract" means the land or portion thereof as described by a specific lease or
				license or application for the same;
(30) "Unleased land" means land that is not
				under lease at the time of an application to lease or land on which the lease
				has been recently canceled by the department or surrendered by the
				lessee;
(31) "User" means any
				lessee, sublessee, licensee, or permittee.
77-1-209 and
					 77-2-328, MCA; IMP,
					 77-1-202 and
					 77-2-318,
					 MCA;