reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.111 - COMPETITIVE BIDDING

Current through Register Vol. 13, July 5, 2024
(1) All competitive
				bids for grazing leases or licenses shall be submitted in the form of dollars
				and cents per AUM.
(a) A bid may not be for
				less than the minimum rental rate per AUM for that year determined in
				accordance with ARM
				36.25.110. If in any succeeding
				year of the lease or license the amount bid is less than the minimum for that
				year, then the rental shall be the minimum.
(b) Bids for any lease or license may only be
				submitted for the present reclassified use unless the bidder submits a proposed
				reclassified use in accordance with ARM
				36.25.109.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.112 - PAYMENT DUE DATES

Current through Register Vol. 13, July 5, 2024
(1) For grazing
				leases and licenses, the grazing portion of leases and licenses containing both
				agricultural and grazing land, and agricultural leases not based on a crop
				share:
(a) the department will send written
				notices to the address on the lease or license beginning in January of each
				year stating the amount of rental due. The notice shall also state that payment
				is due by March 1, and if not paid by April 1, the lease or license is
				cancelled;
(b) at least two weeks
				prior to April 1, the department shall send a letter by certified mail
				notifying each lessee or licensee who has not made a payment that the lease or
				license is cancelled if payment is not received or postmarked on or before
				April 1; and
(c) if payment is not
				received or postmarked by April 1, the entire lease or license is
				cancelled.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.113 - LEASE AND LICENSE REPORTS

Current through Register Vol. 13, July 5, 2024
(1) The lessee
				or licensee is required to submit various reports on forms supplied by the
				department, including but not limited to the following:
(a) An agricultural seeding report form shall
				be completed and returned to the department for each section or portion thereof
				after planting, but not later than June 15, on all agricultural land. This
				includes all agricultural leases or licenses including those based on a cash
				lease/crop-share, whichever is greater.
(b) A crop report form shall be completed and
				returned to the department on each section or portions thereof, immediately
				after harvest and marketing, but no later than November 15, on all agricultural
				land. All elevator checks and stubs shall be included with the report. This
				includes all agricultural leases or licenses including those based on case
				lease or based on a crop share/cash lease, whichever is greater.
(c) Failure to file seeding and crop report
				forms by the specified date or failure to supply any otter information
				pertinent to the lease or license may result in cancellation of the lease or
				license subject to the appeal procedures set forth in ARM
				36.25.121.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.114 - DISPOSAL OF CROPS

Current through Register Vol. 13, July 5, 2024
(1) The lessee or
				licensee shall deliver all grain crops to an elevator on or before November 15
				in the year of harvest, free of charges, taxes, or assessments to the credit of
				the state. If elevators cannot accommodate state grain at harvest time, the
				lessee or licensee shall provide storage free of charge until marketing. Other
				agricultural crops shall be disposed of at the going market price unless
				otherwise directed. The department shall permit lessees or licensees to
				purchase the state's share of all crops; however, department approval is
				required before a lessee or licensee may purchase state crops. Applications
				shall be made on the prescribed forms in current use, furnished at no cost by
				the department. The lessee or licensee shall be required to submit all
				applicable crop reports, a crop analysis and a certification of market price
				for the crop from a licensed dealer on forms provided by department. The lessee
				or licensee shall make full payment within 10 days from the date of
				certification but no later than November 15. The lessee or licensee may also
				contract for purchase of state crops; however, all contracts must be approved
				by the department in advance and filed with the department. Extensions for
				rental payment may be granted in this instance pursuant to ARM
				36.25.112.
77-1-209,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.115 - ISSUANCE OF LEASE OR LICENSE ON UNLEASED OR UNLICENSED AND RECLASSIFIED LAND

Current through Register Vol. 13, July 5, 2024
(1) A person who
				desires to lease or license unleased or unlicensed state land may apply on the
				standard application form prescribed by the department. The application form
				must be returned to the department and must be accompanied by a nonrefundable
				application fee. Such application shall be deemed an offer to lease or obtain a
				license on the land described therein at a rental rate which reflects the fair
				market value of the lease or license.
(2) When the department receives an
				application to lease or obtain a license on an unleased or unlicensed tract of
				land, or on a tract which has been reclassified, it shall advertise for written
				bids on the tract according to the procedures set forth in (4), except in the
				following circumstances:
(a) where grazing
				land is reclassified to agricultural land upon application of the existing
				lessee; or
(b) where land is
				reclassified and a licensee applies for a lease on the land for the same use
				for which he was formerly licensed, or a lessee applies for a license to use
				the land for the same use for which he formerly leased the land.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.117 - RENEWAL OF LEASE OR LICENSE AND PREFERENCE RIGHT

Current through Register Vol. 13, July 5, 2024
(1) The board retains the right to select the
				best lessee possible to fulfill the operating obligations under any lease. In
				the exercise of the board's discretion to select the best lessees possible for
				agriculture and grazing leases, the board recognizes that retention of stable,
				long-term lessees who are familiar with the operating history and
				characteristics of the leases promotes good stewardship of the land. Such
				security of land tenure encourages the lessees to place and develop
				improvements which, in turn, increase the productivity of the land and improve
				its management. Consequently, it is the board's policy to allow an incumbent
				lessee in good standing a preference right to meet the high bid and retain the
				lease.
(2) A current lessee or
				licensee shall be sent an application to renew the lease or license if all
				rentals due are paid. The application shall be accepted under the same
				conditions as specified in ARM
				36.25.115; however, applications
				for renewal will only be accepted after December 1 of the year preceding the
				expiration of the lease or license and must be postmarked on or before January
				28 of the year of expiration of the lease or license. Failure to submit a
				renewal application by the lessee or licensee postmarked on or before January
				28 will result in an unleased or unlicensed tract and the tract will be subject
				to the requirements for leasing or licensing an unleased or unlicensed tract
				under ARM 36.25.115.
(a) If competitive bids
				have been submitted for such tracts before January 28 and the lessee or
				licensee has not submitted a renewal application, the bids shall remain
				confidential and may be returned to the bidder. The tract(s) will then be
				advertised for bids to qualified bidders as provided under ARM
				36.25.115.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.118 - ASSIGNMENTS

Current through Register Vol. 13, July 5, 2024
(1) Lessees or licensees desiring to assign a
				lease or license may apply on the standard application form prescribed by the
				department. No assignment will be approved unless it is made upon the form
				prescribed by the department. An assignment in order to be binding on the state
				must be approved by the department. An assignment will not be approved if all
				rentals or payments due have not been paid or the terms of the lease or license
				have been violated. The department may disapprove any assignment application
				which is not in the best interests of the state. The state will not approve the
				assignment of any lease or license which is subject to a pledge or mortgage
				without first notifying the pledgee or mortgagee in writing. If an assignment
				is made upon terms less advantageous to the assignee, than terms given by the
				state, the assignment shall not be approved. Assignments which result in a
				profit to the assignor over and above the value of improvements may result in
				cancellation of the lease subject to the appeal procedures under ARM
				36.25.121.An assignment which is
				signed by both parties shall be construed to be conclusive proof that all
				payments for improvements have been paid to the assignor from the assignee.The
				department will not approve conditional assignments.Such transactions may only
				be accommodated through the subleasing procedure contained in ARM
				36.25.119.The department will only
				accept assignments containing the original signatures of all appropriate
				parties.
(2) No assignment or
				series of assignments will be recognized by the department if the assignment is
				solely an attempt to avoid the loss of the preference right.
77-1-209, MCA; IMP,
					 77-6-208,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.120 - PASTURING AGREEMENTS

Current through Register Vol. 13, July 5, 2024
(1) A lessee or
				licensee who has filed and obtained approval for an annual pasturing agreement
				prior to entering into such agreement shall be exempt from ARM
				36.25.117 if he has complied with
				the terms of such agreement as approved by the department.Such pasturing
				agreement shall allow a lessee or licensee to take in livestock belonging to
				another individual on state land if the lessee or licensee personally retains
				management and physical control of the land and livestock associated with the
				utilization of the lease or license.
(2) "Management" as used in these rules means
				(as provided in
				77-6-212, MCA), but is not limited
				to:
"(a) providing all costs for
				improvements, land maintenance, and range renovation, if range renovation is
				approved by the department;
"(b)
				making all decisions regarding rotation or other placement of livestock on
				state land;
"(c) making all
				decisions regarding turn-in and turnout dates of the livestock on state land;
				and
"(d) making all decisions
				regarding proper range management, including placement of water, fencing, and
				salt."
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.121 - CANCELLATION OF LEASE OR LICENSE

Current through Register Vol. 13, July 5, 2024
(1) The
				department may cancel any lease or license if the lessee or licensee commits
				fraud or misrepresents facts to the department which, if known, would have had
				an effect on the issuance of the lease or license, uses the land for any
				purpose not authorized in the lease or license, or violates the terms of the
				lease or license or these rules, fails to manage the land in a husbandlike
				manner consistent with conservation of the land resources and the perpetuation
				of its productivity, or for any other reason provided by law. The lessee or
				licensee of a canceled lease or license shall not be entitled to any refunds or
				exemptions from any payments due to the state.
(2) As provided in
				77-6-211, MCA, the department
				shall immediately notify the lessee or licensee by certified mail of the
				cancellation and the reason for it, and the lease or license shall be deemed
				canceled 15 days after such notice is received by the lessee or licensee,
				unless the lessee or licensee files a notice of appeal with the department
				prior to the expiration of the 15-day period, in which case the lease or
				license remains in effect until the board decides the matter. Within 10 days
				after receipt of notice of appeal the department shall notify the lessee or
				licensee of the time and place of the hearing before the board. The time and
				place of the hearing may be changed by the board after 10 days notice to the
				lessee or licensee. The board shall conduct an open hearing under the rules set
				out in the Montana Administrative Procedure Act,
				2-4-101 et seq., MCA. A hearings
				examiner may be appointed to conduct the hearing. The burden of proof to show
				why the lease or license should not be canceled shall be borne by the lessee or
				licensee. The board may reinstate the lease or license where it finds that the
				violation is not serious enough to warrant cancellation and restore all rights
				and privileges upon payment of a penalty up to 3 times the annual rental
				against the lessee or licensee. Payment of the penalty may be considered as a
				notice of appeal for the purpose of keeping the lease in effect until the board
				decides the matter. If the board does not reinstate the lease or license, the
				land shall be re-advertised for lease or license in accordance with ARM
				36.25.115.
77-1-209, MCA; IMP,
					 77-6-210 and
					 77-6-211,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.122 - MORTGAGES AND PLEDGES

Current through Register Vol. 13, July 5, 2024
(1) As provided in
				77-6-401 through
				77-6-404, MCA, state land leases
				or licenses and leasehold interests may be pledged or mortgaged by the lessee
				or licensee. The pledgee or mortgagee shall file the pledge or mortgage or
				certified copy thereof with the department within 30 days of its receipt by
				him. Within 30 days after payment of the indebtedness, termination of the
				pledge agreement, or release of the mortgaged leasehold interest, the lessee or
				licensee shall file proof of that fact with the department.
(2) If a lessee or licensee mortgages his
				leasehold interest in state lands pursuant to
				77-6-401, MCA, then there must be
				an assignment, signed by the lessee or licensee/mortgagor and the mortgagee,
				and placed in escrow. A copy of such escrow assignment must be filed with the
				department. An assignment is effective for the lease term during which it is
				made and any subsequent renewal term as long as the assignor continuously holds
				the lease. Failure to execute the terms of this rule shall be cause for the
				department not to recognize the mortgage.
77-1-209, MCA; IMP,
					 77-6-401 through
					 77-6-404,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.123 - ESTATES

Current through Register Vol. 13, July 5, 2024
(1) In the event of a lessee's or licensee's
				death, the lease or license shall be transferred to the decedent lessee's or
				licensee's estate. The department shall consider the estate to be the lessee or
				licensee until such time as proof of different ownership is received by the
				department. In most cases the department shall require a copy of the decree of
				distribution or assignment by a court-appointed personal representative.
				Exceptions to this rule may be allowed when the department determines that an
				unusual situation exists.
(2) All
				provisions of these rules, including but not limited to: leasing, licensing,
				subleasing, reporting, assignments, and payments; also apply to leases or
				licenses held by a decedent's estate.
77-1-209; IMP,
					 77-6-208,
					 77-6-401 and
					 77-6-402,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.124 - SURRENDERS AND CONSOLIDATION OF LEASES OR LICENSES

Current through Register Vol. 13, July 5, 2024
(1) A lessee or licensee who wishes to
				surrender his lease or license in whole or in part must submit a request to the
				department for approval. Also upon request, 2 or more leases or licenses may be
				combined when held by the same lessee or licensee. The request from the lessee
				or licensee must be in writing and if approved, the leases or licenses will be
				combined with the lease or license which expires first so that no lease or
				license shall run longer than its prescribed term. The department may combine
				leases or licenses at renewal when such action is in the best interest of the
				state.
77-1-209, MCA; IMP,
					 77-1-202,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.125 - IMPROVEMENTS

Current through Register Vol. 13, July 5, 2024
(1) A lessee or licensee may place
				improvements on state land which are necessary for the conservation or
				utilization of such state land with the approval of the department.
(a) The lessee or licensee shall apply for
				permission prior to placing any improvements on state land on the form
				prescribed by the department and then in current use.
(b) A lessee or licensee will not be entitled
				to compensation by a subsequent lessee or licensee for improvements which are
				placed on the land after May 10, 1979, and which are not approved by the
				department. Proof of the date of placement of improvements may be required by
				the department.
(c) Any
				improvements or fixtures paid for by state or federal monies shall not be
				compensable to the former lessee or licensee.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.126 - CONSERVATION MEASURES

Current through Register Vol. 13, July 5, 2024
(1) A lessee or
				licensee shall not destroy, obliterate, damage or allow the same of any
				conservation measures placed on state lands. Failure to comply with this rule
				may result in the cancellation of the lease or license. In addition, the lessee
				or licensee may be required to replace such conservation measures that may have
				been destroyed, obliterated, or damaged to department specifications.
(2) A lessee or licensee shall not be
				entitled to compensation for those conservation or improvement measures placed
				on state lands using state or federal monies, except for the amount the lessee
				or licensee personally expended on such measures. Proof of payment may be
				required.
77-1-209, MCA; IMP,
					 77-1-202,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.127 - DOMESTIC SHEEP GRAZING IN BIGHORN SHEEP HABITAT

Current through Register Vol. 13, July 5, 2024
(1) If a lessee/licensee has not grazed
				domestic sheep on the state tract at any time during the previous 10 years, and
				if the lessee/licensee requests a change to domestic sheep, then the department
				shall prepare a Montana Environmental Protection Act (MEPA) document at the
				appropriate level of review to examine the environmental impacts. In preparing
				the document, the department shall consult with the department of fish,
				wildlife and parks and the lessee/licensee and shall seek comments and
				interface as necessary with surrounding landowners and any interested public
				groups to design appropriate measures under the law.
(2) The department may allow grazing of
				domestic sheep on state lands within or adjacent to officially identified
				bighorn sheep ranges if bighorns are separated by a protective geographic
				buffer or if other applicable mitigation measures to minimize contact are
				negotiated and implemented.
77-1-209, MCA; IMP,
					 77-1-203,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.128 - SALES

Current through Register Vol. 13, July 5, 2024
(1) Except as provided in ARM
				36.25.701 through
				36.25.708, the board may sell any
				land under lease or license under the same terms and conditions as land not
				under lease or license. The board shall notify the lessee prior to such sale
				and at least six months prior to possession being given to the purchaser or as
				consistent with the applicable lease agreement. The lessee or licensee shall be
				entitled to compensation for improvements as provided in ARM
				36.25.125. The purchaser will be
				given possession of land sold on March 1 next succeeding the date of the sale
				unless the lease or license expires prior to that date or the lessee or
				licensee and purchaser agree in writing on another date.
77-1-204,
					 77-1-209,
					 77-2-301,
					 77-2-303,
					 77-2-308,
					 77-2-328,
					 77-2-362, MCA; IMP,
					 77-2-303,
					 77-2-326, 77-3-362,
					 77-2-363,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.129 - SALE OF CABINSITES AND CITY OR TOWN LOTS: APPLICATION AND NOTICE PROCEDURES ( (REPEALED)

Current through Register Vol. 13, July 5, 2024
77-2-328, MCA; IMP,
					 77-2-318 and
					 77-2-319,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.130 - SALE OF CABINSITES AND CITY OR TOWN LOTS: BIDDING AND FINAL BOARD DETERMINATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
77-2-328, MCA; IMP,
					 77-2-318 and
					 77-2-321,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.131 - SALE OF CABINSITES AND CITY OR TOWN LOTS: IMPROVEMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
77-2-328, MCA; IMP,
					 77-2-318,
					 77-2-325,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.132 - WEEDS, PESTS, AND FIRE PROTECTION

Current through Register Vol. 13, July 5, 2024
(1) A
				lessee or licensee of state land shall keep the land free of noxious weeds and
				pests and assume responsibility for fire prevention and suppression necessary
				to protect the forage, trees, and improvements. The lessee or licensee shall
				perform these duties at his own cost and in the same manner as if he owned the
				land. The lessee or licensee is not responsible for the suppression of or
				damages resulting from a fire caused by a general recreational user, except
				that he or she shall make reasonable efforts to suppress the fire or report it
				to the proper firefighting authority or both, as circumstances dictate. In the
				event that any state land shall be included in a weed control or weed seed
				extermination district, the lessee or licensee shall be required to comply with
				7-22-2149, MCA, which requires that
				the lessee or licensee be responsible for all assessments and taxes levied by
				the board or county commissioners for the district. The lessee or licensee of
				state land must comply with Montana County Noxious Weed Management Act under
				Title 7, chapter 22, part 21, MCA. Failure to comply with this rule may result
				in cancellation of the lease or license, subject to the appeal procedures
				provided in ARM
				36.25.121.
77-1-209 and
					 77-2-328, MCA; IMP,
					 77-6-114 and
					 77-6-210,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.133 - RESERVATIONS

Current through Register Vol. 13, July 5, 2024
(1) The state reserves to itself and its
				representatives and authorized lessees and licensees the right to enter upon
				state lands for the purposes contained within the lease or license. The state
				also reserves the right for itself and representatives to enter upon state
				lands for any lawful purposes including inspections.
(2) Representatives of the Montana historical
				society have the right to enter any state lands at any reasonable time, upon
				notification to the department, to perform their duties in connection with the
				State Antiquities Act, Title 22, chapter 3, part 4, MCA. Any person discovering
				an object or site of historic, prehistoric, archeological, paleontological,
				scientific, architectural, or cultural interest on state land shall report such
				discovery to the Montana historical society and the department and take all
				steps necessary to preserve such site or object. Willful abuse of such sites or
				objects may constitute sufficient grounds for cancellation of the lease or
				license.
(3) The state reserves the
				right to sell or otherwise dispose of any interest other than that for which
				the lessee or licensee has leased or licensed the premises, including hunting
				or fishing access privileges on state land; however, the lessee or grazing
				licensee may post state land using blue paint to prevent trespass by
				unauthorized persons but may not use any other method, including orange paint,
				to post the land. Posting with blue paint must meet the same requirements as
				are imposed by
				45-6-201, MCA, for posting of
				private land with fluorescent orange paint.
77-1-209, MCA; IMP,
					 77-1-202,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.134 - WATER RIGHTS

Current through Register Vol. 13, July 5, 2024
(1) If a water
				right is or has been developed on state land by the lessee or licensee for use
				on the leased or licensed land, such water right shall belong to the state. The
				lessee or licensee shall be entitled to compensation for the reasonable value
				of the improvements associated with the water right by any new lessee,
				licensee, or purchaser if such improvements are sold to a new lessee or
				licensee or purchaser as provided in ARM
				36.25.125. This shall not be
				construed to make the state liable for the value of any water right. Any water
				rights hereafter secured by the lessee and licensee on state lands shall be
				secured in the name of the state of Montana.
(2) A lessee or licensee of state-owned land
				may not sell or otherwise dispose of a state-owned water right for any purpose.
				Such practices may constitute sufficient grounds for cancellation of the lease
				or license.
77-1-209, MCA; IMP,
					 77-1-202 and
					 77-6-115,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.135 - EASEMENTS

Current through Register Vol. 13, July 5, 2024
(1) The state reserves to itself the right to
				grant easements for public purposes on state lands, the surface of which is
				leased or licensed. The board may grant easements upon state lands without the
				prior consent of a lessee or licensee. However, the board will require the
				grantee to compensate the lessee or licensee for damages to improvements, crops
				or the leasehold interest and file proof of that fact with the department prior
				to the granting of such easement. When the grantee and lessee or licensee
				cannot agree on just settlement for damages, the arbitration procedure set
				forth in ARM
				36.25.125 shall be followed to
				arrive at a just settlement. If an easement limits the use by a lessee or
				licensee the lease or license shall be adjusted to reflect the loss of
				use.
(2) Any person desiring an
				easement for public purposes shall apply to the department on a form prescribed
				by the department. The applicant shall pay full market value for the interest
				disposed of. The easement shall terminate when the land ceases to be used for
				its specified public purpose unless the easement is authorized by the board for
				a specific term. The department shall terminate the easement by notifying the
				grantee at his last known address that the public purpose has ceased or the
				specified term has expired. If the easement ceases to be used for the specified
				use, the grantee shall notify the department of the termination of the
				easement. The applicant shall be required to comply with the Montana
				Antiquities Act and all rules promulgated thereto.
(3) An easement issued after January 16,
				1987, may not be transferred or assigned without being approved and recorded on
				the prescribed forms issued by the department.
(4) Within 5 years of the granting of an
				easement by the board, the grantee must put the easement to the use which is
				allowed in the right-of-way deed. Failure to put the easement to such use shall
				be sufficient cause for forfeiture of the easement upon written notice by the
				department.
77-1-209, MCA; IMP,
					 77-2-101,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.136 - LICENSES

Current through Register Vol. 13, July 5, 2024
(1) The department may issue licenses for any
				secondary use of state land other than its primary classification except for
				timber sale permits and agreements when such use is compatible with the
				department's multiple use objective. Any person desiring a license shall apply
				on a form prescribed by the department and shall provide a map showing the area
				intended for use. The department may require a professional survey for which
				the applicant shall pay and other information necessary to issue such license.
				A license may be subject to competitive bidding when it is deemed to be in the
				best interests of the state.
(2)
				When issuing a license, the department may attach special stipulations for
				protection of state land RESOURCES, and require a bond to ensure compliance
				with all terms of the license.
(3)
				The cost of a license shall vary according to the use intended. A filing fee is
				required with application.
77-1-209, MCA; IMP,
					 77-1-202 and
					 77-1-203,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.137 - CABINSITES (REPEALED)

Current through Register Vol. 13, July 5, 2024
77-1-209, MCA; IMP,
					 77-1-208,
					 77-1-202,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.138 - LESSEE OR LICENSEE DAMAGE COMPENSATION REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) When the board or department issues a
				lease or license on property upon which a lease or license of a different type
				already exists, the existing lessee or licensee shall be compensated by the
				more recent lessee or licensee for damages to the crops, improvements or
				leasehold interest of said existing lessee or licensee. Lessees or licensees
				may not receive compensation for such damages in excess of the value of actual
				damages to the crops, improvements or leasehold interest of said existing
				licensee. Only in exceptional cases documented to and approved by the
				department may the lessee or licensee receive damages for natural resources or
				crops in excess of the annual rate that the lessee or licensee is making to the
				department for rental payments. If a lessee or licensee collects or attempts to
				collect an amount in excess of said actual damages, such action may constitute
				sufficient grounds for cancellation of the lease or license. The department may
				adjust the A.U.M.'s allocated to a grazing lease or license when there is
				issued a lease or license for another purpose and that other purpose interferes
				with the grazing on the state lease.
77-1-209, MCA; IMP,
					 77-1-202,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.139 - CULTURAL RESOURCES INVENTORY

Current through Register Vol. 13, July 5, 2024
(1) In the
				event a cultural resources inventory is necessary prior to the issuance of a
				lease, license, easement or other land use authorization the department may, in
				its discretion, require the applicant to provide the department with a copy of
				the inventory report. The department may require the applicant to bear the
				expense of the inventory and report.
22-3-424 and
					 77-1-209, MCA; IMP,
					 22-3-424,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.140 - RESOURCE DEVELOPMENT PROJECT REQUESTS

Current through Register Vol. 13, July 5, 2024
(1)
				Any lessee of state land may request that the department consider a resource
				development project. In order to consider such project the department may
				require the lessee to furnish certain information including a description of
				the land involved and a description of the proposed project, including areas
				involved, potential return to the state, potential costs and other pertinent
				details. Projects will be undertaken only when, in the judgment of the
				department, the lessee has a record of good management of the land or shows
				evidence of improving the management of the land. The department will consider
				projects to promote such development of land as is in the best interests of the
				state, including, but not limited to, stock water deveopments, saline seep
				control, irrigation project site preparation and development of certain
				vegetative practices. The department shall examine each proposal to determine
				its feasibility and may request assistance in such examination from appropriate
				state and federal agencies. The lessee shall cooperate with the department in
				planning the project and in negotiating for a fair return on the
				development.
77-1-603, MCA; IMP,
					 77-1-601 through
					 77-1-609,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.141 - FEDERAL FARM PROGRAM COMPLIANCE

Current through Register Vol. 13, July 5, 2024
(1) If a
				lessee or licensee has his lease or license canceled or terminated or for any
				reason is no longer the lessee or licensee, then he shall no longer be entitled
				to any payments or benefits from any federal farm program. If such a lessee or
				licensee does receive any such federal payment or benefit in connection with
				the state lease or license, he shall be liable to the state for any amounts
				received after he is no longer recognized as the lessee or licensee. The lessee
				or licensee of any state land shall comply with the provisions of the federal
				farm program when applicable and shall indemnify the state against any loss
				occasioned by noncompliance with such provisions. In addition to any rentals
				provided in the lease or license, the state shall receive the same share as it
				receives for crops of all payments pursuant to any act or acts of the congress
				of the United States in connection with state lands under lease or license and
				the crops thereof. The state shall be entitled to such amounts annually for all
				leases based upon a crop share, even if the lease states that the rental is
				based upon a crop share/cash basis, whichever is greater. All such leases shall
				be considered crop share leases for the purpose of receiving the state's share
				of the federal farm payments.
77-1-209, MCA; IMP,
					 77-1-202 and
					 77-1-301,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.143 - OVERVIEW OF RECREATIONAL USE RULES

Current through Register Vol. 13, July 5, 2024
(1) ARM
				36.25.146 through ARM
				36.25.162 regulate the
				recreational use of state lands administered by the department of natural
				resources and conservation. These lands are commonly referred to as "trust
				lands" and appear in light blue on most land status maps.
(2) Recreational use is divided into two
				categories as follows:
(a) General
				recreational use - This use is generally defined as any type of
				non-concentrated, non-commercial outdoor recreational activity except
				disturbance of archeological, historical, or paleontological sites (which is
				prohibited by the Montana Antiquities Act and subjects the violator to criminal
				penalties), wood gathering, tree cutting, commercial rock or mineral
				collecting, and trapping. This is more specifically defined in ARM
				36.25.145(11). It
				requires purchase of a recreational use license. Detailed procedures and
				restrictions are contained in ARM
				36.25.146 through ARM
				36.25.161.
(b) Special recreational use - This use is
				defined in ARM
				36.25.145 and requires a special
				recreational use license. These kinds of uses include commercial or
				concentrated use as defined in
				77-1-101(5), MCA.
				Detailed provisions are contained in ARM 36.25.162.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.144 - ADMINISTRATION OF RECREATION ON STATE LANDS ADMINISTERED BY THE DEPARTMENT

Current through Register Vol. 13, July 5, 2024
(1) Under Article X, section 4 of the Montana
				Constitution, the board of land commissioners has the duty and authority to
				manage state trust lands under regulations provided in law. Under
				77-1-301, MCA, the department of
				natural resources and conservation manages state lands under the direction of
				the board. Section
				77-1-203(3), MCA,
				opens state lands administered by the board to general recreational use subject
				to legal access and to closures and restrictions.
(2) Lands owned by the state that are not
				subject to ARM
				36.25.143 through ARM
				36.25.162 are:
(a) lands owned by the department of fish,
				wildlife and parks, including:
(i) those
				portions of game ranges and wildlife management areas that are owned by the
				department of fish, wildlife and parks;
(ii) state parks;
(iii) fishing access sites; and
(iv) lands leased by the department of fish,
				wildlife and parks to private individuals as cabinsites;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.145 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
Wherever used in ARM
				  36.25.143 through ARM
				  36.25.162, unless a different
				  meaning clearly appears from the context:
(1) "Affidavit" means a signed statement, the
				truth of which has been sworn to or affirmed before a notary public, as
				evidenced by the signature and seal of the notary public.
(2) "Board" means the board of land
				commissioners provided for in Article X, section 4 of the Montana
				Constitution.
(3) "Closure" means
				prohibition of all general recreational use.
(4) "Customary access point" means, with
				regard to state land, each outer gate and each normal point of access to the
				land, including both sides of a water body crossing the property wherever the
				water body intersects an outer boundary line.
(5) "Dedicated county road" means a county
				road that has been created by means of donation of a landowner and acceptance
				by a county under statutory or common law dedication procedures.
(6) "Dedicated public road" means a road
				useable by the public under state or federal law. The term includes dedicated
				county roads.
(7) "Department"
				means the department of natural resources and conservation provided for in
				Title 2, chapter 15, part 32, MCA.
(8) "Director" means the director of natural
				resources and conservation, provided for in
				2-15-3202, MCA. The director is the
				chief administrative officer of the department of natural resources and
				conservation.
(9) "Drop box" means
				a receptacle in which a person making general recreational use of state lands
				may leave notice required pursuant to ARM
				36.25.155 or ARM
				36.25.156.
(10) "Emergency" means, for the purposes of
				ARM 36.25.152, a situation that:
(a) creates an imminent threat to personal
				safety or of significant property damage or significant environmental
				harm;
(b) would be substantially
				lessened or alleviated by closure to general recreational access of a state
				tract; and
(c) requires closure
				more expeditiously than could be implemented through the normal closure
				procedure.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.149 - GENERAL RECREATIONAL USE OF STATE LANDS: RESTRICTIONS

Current through Register Vol. 13, July 5, 2024
(1) The following restrictions apply to
				persons engaging in general recreational use of state lands except for general
				recreational use subject to block management restrictions pursuant to ARM
				36.25.163:
(a)
(i)
				Except as provided in (ii) and (iii), motorized vehicle use on state lands by
				recreationists is restricted to federal roads, state roads, dedicated county
				roads, other county roads that are regularly maintained by the county and those
				roads on state lands that are designated by the department as open for motor
				vehicle use.
(ii) A person who has
				in his or her possession a "permit to hunt from vehicle" issued by the
				department of fish, wildlife and parks is authorized to drive on any road
				except a road that is closed by the department by sign or barrier.
(iii) A recreationist may park on state land
				within 50 feet of a customary access point; on federal roads and highways,
				state highways, and county roads in accordance with applicable traffic laws and
				regulations; and within 50 feet of any other road designated by the department
				for public access across the state land. The recreationist may not park so as
				to block vehicle access to the tract. Parking of vehicles must be accomplished
				in a manner that does not produce injury to the land or the lessee's
				improvements.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.150 - GENERAL RECREATIONAL USE OF STATE LANDS: CATEGORICAL CLOSURES

Current through Register Vol. 13, July 5, 2024
(1) Except as provided in (2), the following
				state lands are closed to general recreational use by the public:
(a) all lands leased for cabinsites or
				homesites;
(b) all lands on which
				growing crops, as defined in ARM
				36.25.145, are located;
(c) military leases while military activities
				are taking place;
(d) active
				commercial leases; and
(e) lands on
				which the department has proclaimed the threat of wildfire to be extreme
				pursuant to ARM
				36.10.119 or for which the
				governor has made such a proclamation pursuant to ARM
				36.10.120.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.152 - GENERAL RECREATIONAL USE OF STATE LANDS: PROCEDURE FOR SITE SPECIFIC CLOSURES AFTER SEPTEMBER 1, 1992

Current through Register Vol. 13, July 5, 2024
(1) The
				department may close specific tracts of state land pursuant to this rule after
				September 1, 1992, for any of the following reasons:
(a) damage attributable to recreational use
				diminishes the income generating potential of the state lands;
(b) damage to surface improvements of lessee
				or mineral lessee;
(c) the presence
				of threatened, endangered, or sensitive species or plant communities;
(d) the presence of unique or special natural
				or cultural features;
(e) wildlife
				protection;
(f) noxious weed
				control;
(g) the presence of
				buildings, structures, or facilities;
(h) protection of public safety;
(i) prevention of significant environmental
				impact;
(j) disruption of calving,
				lambing, or shipping activities or substantial disruption of livestock
				use;
(k) an imminent threat, caused
				by potential substantial public use, of immediate, irreparable property damage
				or bodily injury on the state tract or adjacent land; or
(l) comparable public general recreational
				use has been made available pursuant to (13).
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.153 - MANAGEMENT CLOSURES AND RESTRICTIONS

Current through Register Vol. 13, July 5, 2024
(1)
				Except as provided in (5), affected leased or licensed state land is closed to
				recreational use or subject to recreational use restrictions if the lessee
				complies with (2) and one of the following situations exists:
(a) Livestock is present or concentrated for
				purposes of calving, lambing, specialized or intensive breeding practices, or
				supplemental winter feeding.
(b)
				Livestock is concentrated for the purpose of weaning or shipping. If fewer than
				200 animal units per section are concentrated, the closure or restriction may
				be imposed for no more than five days.
(c) Livestock is being gathered or
				moved.
(d) Weed control treatment
				is occurring or has recently occurred.
(e) The land is being irrigated; provided,
				however, that land may not be closed to foot traffic during a hunting season
				under this provision.
(f) The use
				would occur in close proximity to dwellings, structures, or facilities in use
				by the lessee; provided however, that ingress and egress to state land may not
				be prohibited under this provision.