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 36.25.154 - RECREATIONAL USE ADVISORY COUNCIL

Current through Register Vol. 13, July 5, 2024
(1) The
				board shall, pursuant to
				2-15-122, MCA, appoint from a list
				of persons nominated by recreationist and lessee groups a recreational use
				advisory council consisting of 3 recreationists and 3 lessees. The members
				shall serve without compensation, but they are entitled to reimbursement for
				travel expenses pursuant to
				2-15-122, MCA.
(2) The advisory council shall gather
				information and advise the director on the validity of management closure or
				restriction appeals made pursuant to ARM
				36.25.153, on appeals of area
				manager decisions regarding site-specific closure petitions pursuant to ARM
				36.25.152, and on whether to
				subject renewal of a block management agreement pursuant to ARM
				36.25.167 to public review. In
				advising the director, the council shall attempt to provide reasonable
				recreational use of state lands within the bona fide management constraints of
				lessees.
(3) The following are
				general guidelines for the council's use in determining whether the term of a
				management closure or restriction is reasonable: for calving or lambing, 60
				days; for breeding, 30 days; for gathering or moving, 1 day; for weed
				treatment, 5 days; and for concentration of 200 or more animal units per
				section for weaning and shipping, 30 days. The council may deviate from these
				guidelines as management circumstances dictate.
77-1-804, MCA; IMP,
					 77-1-804 and
					 2-15-122,
					 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 36.25.155 - GENERAL RECREATIONAL USE OF STATE LANDS: NOTICE TO LESSEES OF ALL USES OTHER THAN HORSE USE NOT FOR THE PURPOSE OF LICENSED HUNTING, DISCHARGE OF FIREARMS NOT FOR THE PURPOSE OF LICENSED HUNTING, AND OVERNIGHT USE

Current through Register Vol. 13, July 5, 2024
(1) If a lessee wishes to be notified prior
				to anyone entering upon the leasehold for general recreational use other than
				discharge of firearms for any purpose other than licensed hunting, horse use
				for any purpose other than licensed hunting, or overnight use, the lessee shall
				post, at all customary access points, signs that are provided by the department
				or that are duplicated from signs provided by the department. The lessee must
				include on the sign the following information:
(a) name of the lessee or lessee's agent who
				must be notified;
(b) telephone
				number of the lessee or lessee's agent;
(c) clear directions to the location at which
				the lessee or the lessee's agent may be contacted; and
(d) clear directions to the location of the
				closest drop box. If the lessee does not wish to be notified in person or by
				telephone, the sign must so indicate and need not contain the information
				required in (b) and (c). The information must be legible and legibility must be
				maintained.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.156 - GENERAL RECREATIONAL USE OF STATE LANDS: NOTICE TO LESSEES OF OVERNIGHT USE, HORSEBACK USE FOR ANY PURPOSE OTHER THAN LICENSED HUNTING, AND FOR DISCHARGE OF A FIREARM FOR ANY PURPOSE OTHER THAN LICENSED HUNTING

Current through Register Vol. 13, July 5, 2024
(1) If a lessee wishes to be notified prior
				to a recreationist entering upon the leasehold for overnight use not in
				conjunction with floating, horseback use for any purpose other than licensed
				hunting, or for discharge of a firearm for any purpose other than licensed
				hunting, the lessee shall post, at all customary access points, signs that are
				provided by the department or duplicated from signs provided by the department.
				The lessee must include on, the sign the following information:
(a) the name of the lessee or lessees agent
				who must be notified;
(b) the
				telephone number of the person designated pursuant to (a); and
(c) clear directions to the residence of the
				person designated pursuant to (a).
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.157 - GENERAL RECREATIONAL USE OF STATE LANDS: CIVIL PENALTIES

Current through Register Vol. 13, July 5, 2024
(1) Pursuant to
				77-1-804(8), MCA,
				the department may assess against a recreationist, lessee, or other person a
				civil penalty of up to $1,000 for each day of violation of ARM
				36.25.146, ARM
				36.25.149, ARM
				36.25.150, ARM
				36.25.152, ARM
				36.25.153, or ARM
				36.25.163. The department may
				waive the civil penalty for minor or technical violations and shall waive the
				civil penalty if a criminal penalty has been assessed for the
				violation.
(2) In determining the
				amount of civil penalty, the department shall consider the following factors:
(a) number of previous violations;
(b) severity of the infraction; and
(c) whether the violation was intentional or
				unintentional.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.158 - GENERAL RECREATIONAL USE OF STATE LANDS: DAMAGE REIMBURSEMENT

Current through Register Vol. 13, July 5, 2024
(1) As provided in
				77-1-809, MCA, a lessee or a
				mineral lessee may apply to the department for reimbursement of costs resulting
				from repair to or replacement of the lessee's improvements, growing crops, or
				livestock on state lands damaged by recreationists.
(2) The application must be submitted to the
				area or unit office within 30 days of the time that the lessee discovers the
				damage, must be in affidavit form, and must contain:
(a) the date of discovery of the
				damage;
(b) the nature of the
				damage;
(c) reasonable proof that
				the loss was caused by a recreationist;
(d) documentation of repair or replacement
				costs; and
(e) whether the claimant
				has submitted a claim to his private insurance carrier and, if so, the status
				of the claim.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.159 - GENERAL RECREATIONAL USE OF STATE LANDS: WEED CONTROL MANAGEMENT

Current through Register Vol. 13, July 5, 2024
(1) The lessee is responsible for weed
				control on leased state land. However, weed control cost share funds designated
				pursuant to (2) are available to lessees from the recreational use account for
				control of noxious weed infestations caused by general recreational use after
				February 29, 1992. "Noxious weeds" are those weeds designated as noxious weeds
				by the Montana department of agriculture.
(2) The department shall, on or before July 1
				of each fiscal year, designate a portion of the general recreational use
				account for weed control.
(3) A
				lessee may apply in writing for weed control funds, equipment, assistance or
				supplies to treat a weed infestation caused by general recreational use. The
				application must:
(a) describe the location
				and size of the infestation and type of weed;
(b) demonstrate that the infestation was
				caused by general recreational use of the tract; and
(c) contain a weed management plan, including
				the cost of carrying out the plan. The plan may propose any combination of
				recognized weed management techniques which will deal effectively with the weed
				problem.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.161 - GENERAL RECREATIONAL USE OF STATE LANDS: OTHER PROVISIONS

Current through Register Vol. 13, July 5, 2024
(1) Nothing in ARM
				36.25.143 through
				36.25.162 authorizes a
				recreationist to enter private land to reach state lands or to enter private
				land from state lands. A recreationist may not enter private land from adjacent
				state lands, regard- less of the absence of fencing or failure of the owner to
				provide notice, without permission of the landowner or his agent.
(2) Under
				77-1-806(2), MCA,
				entry onto private land from state land by a recreationist without permission
				of the landowner is a misdemeanor, whether or not the recreationist knows he or
				she is on private land.
(3)
				Recreationists are responsible for determining whether state lands are legally
				accessible. The recreationist is encouraged to contact landowners to determine
				boundaries and to use accurate maps.
(4) Before the department designates roads on
				state lands as open for public access pursuant to ARM
				36.25.149, it shall mail notice of
				the proposed designation to the lessee.
(5) Any person may petition the board to
				include within the definition of general recreational use any type of
				recreation other than hunting and fishing. The petition must be in writing, be
				signed, and include a statement of the reasons why the use petitioned for
				should be included subject to the general recreational use license. It must be
				filed with the director, who shall bring the petition before the
				board.
77-1-209 and
					 77-1-804, MCA; IMP,
					 77-1-804 and
					 77-1-806,
					 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 36.25.162 - SPECIAL RECREATIONAL USE OF STATE LANDS

Current through Register Vol. 13, July 5, 2024
(1) No special recreational use of state
				lands may occur without first obtaining a special recreational use license from
				the department. This requirement applies whether or not any or all of the
				persons involved in the special recreational use have obtained general
				recreational use licenses pursuant to ARM
				36.25.146.
(2) To obtain a special recreational use
				license, a person must be at least 18 years of age or the head of a family and
				apply to the area or unit office on a form prescribed by the department. The
				applicant shall provide a description of or a map showing the area intended for
				use.
(3) Before granting a special
				recreational use license, the department shall make a bona fide attempt to
				notify the lessee of the application.
(4) To obtain a special recreational use
				license, a person must pay to the department the amount that the department
				determines to be the full market value of that use. A license granted pursuant
				to this rule may be subject to competitive bidding.
(5) A license granted pursuant to this rule
				may be exclusive, except the department shall reserve the right to grant other
				licenses for different uses on the same land. Issuance of an exclusive license
				does not prohibit general recreational use of state lands that have not been
				closed pursuant to ARM
				36.25.150 or ARM
				36.25.152.
(6) A license issued pursuant to this rule
				shall include provisions regulating motor vehicle use and requiring that only
				certified weed seed free hay be brought onto the state land. The license may
				include other restrictions on the activity.
(7) The holder of a special recreational use
				license shall comply with all provisions of that license.
(8) Pursuant to
				77-1-804(8), MCA,
				the department may assess a civil penalty of up to $1,000 for each day of
				violation of this rule. The department may waive the civil penalty for minor or
				technical violations. The penalty assessment standards and procedures contained
				in ARM 36.25.157 are applicable to civil
				penalty proceedings under this rule.
77-1-209 and
					 77-1-804, MCA; IMP,
					 77-1-804,
					 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 36.25.163 - BLOCK MANAGEMENT AREAS: GENERAL RULES FOR INCLUSION OF STATE LAND

Current through Register Vol. 13, July 5, 2024
(1) State lands may be enrolled in block
				management areas established by the department of fish, wildlife and parks
				under the procedures contained in ARM
				36.25.164. For general
				recreational use on land so enrolled, a recreational use license is required
				and motorized vehicle use by a recreationist is restricted to federal, state,
				and dedicated county roads and to those roads designated by the department to
				be open to motorized vehicle use. A recreationist shall obey all restrictions
				imposed pursuant to the block management, agreement.
77-1-804, MCA; IMP,
					 77-1-804,
					 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 36.25.164 - BLOCK MANAGEMENT AREAS: PROCEDURES FOR INCLUSION OF STATE LAND

Current through Register Vol. 13, July 5, 2024
(1) The department shall commence review of a
				proposal to include state land within a block management agreement when the
				department receives from the department of fish, wildlife and parks a proposal
				that includes:
(a) a complete legal
				description of the state land affected by the proposal, with a description of
				the legal access status of each tract of land;
(b) a listing of all terms, conditions, and
				restrictions of the proposal; and
(c) a map that clearly identifies the
				boundaries of the proposed block management area, locations of state lands,
				adjoining public land, and public roads.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.165 - BLOCK MANAGEMENT AREAS: CRITERIA FOR INCLUSION OF STATE LAND

Current through Register Vol. 13, July 5, 2024
(1) The department may include state land in
				a block management area only if it finds that:
(a) inclusion is in the best interests of the
				public and the trust;
(b) the block
				management agreement does not conflict with rights of holders of leases,
				licenses, and easements;
(c)
				inclusion would not result in damage to the land;
(d) the block management area contains
				private land; and
(e) the state
				land is contiguous to federal or private land that is within the block
				management area.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.166 - BLOCK MANAGEMENT AREAS: TERMS OF AGREEMENT

Current through Register Vol. 13, July 5, 2024
(1) A block management agreement that
				includes state lands must contain the following provisions:
(a) Motorized vehicle use on state lands is
				restricted to federal, state, and dedicated county roads and to those roads
				designated by the department to be open to motorized vehicle use.
(b) If the state land meets the criteria of
				ARM 36.25.164, or if the agreement
				includes hunter limits, requires permission, or contains other restrictions
				that are more stringent than the restrictions contained in ARM
				36.25.149, the department of fish,
				wildlife and parks shall post the state land at customary access points with
				signs that include the period that the block management restrictions are
				effective and describe how access may be obtained.
(c) If a complaint is not resolved to the
				satisfaction of the department, the department may withdraw the state land from
				the block management area.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.167 - BLOCK MANAGEMENT AREAS: RENEWAL OF AGREEMENT

Current through Register Vol. 13, July 5, 2024
(1) A block management agreement that
				contains state lands may be renewed.
(2) Subject to (b), renewal of a block
				management agreement that meets the criteria of ARM
				36.25.164 may be subject to the
				review procedures contained in ARM
				36.25.164 only if:
(a) during the term of the agreement, the
				department or department of fish, wildlife and parks have received public
				comments or complaints tending to:
(i) raise
				significant concerns regarding compliance with the agreement;
(ii) indicate that continued enrollment in
				the block management program may not be in the best interests of the public or
				the trust; or
(iii) there will be
				changes in the agreement that impose more stringent restrictions than those
				contained in the existing agreement.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.2 - Rules Governing the Issuance of Oil and Gas Leases on State Lands › Rule 36.25.201 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
When used herein, unless a different meaning clearly appears
				  from the context:
(1) "Board" means
				the board of land commissioners of the state of Montana;
(2) "Department" means department of natural
				resources and conservation;
(3)
				"Director" means director of natural resources and conservation, chief
				administrative officer of the department of natural resources and
				conservation;
(4) "Lessee" means
				the person in whose name an oil and gas lease appears of record in the offices
				of the department, whether such person be the original lessee or a subsequent
				assignee. The term "lessee" also includes, where the context of the rule may
				indicate, any person who is the apparent successful bidder for an oil and gas
				lease but with whom a formal oil and gas lease agreement has not been completed
				and finalized;
(5) "Oil and gas"
				means all hydrocarbons and other substances and elements which are present in
				the earth in a gaseous or liquid form and produced therefrom. It shall not
				include coal, lignite, oil shale or similar solid hydrocarbons. Nor shall it
				include minerals, waters, steam or any geothermal resource produced pursuant to
				a geothermal resources lease issued by the state;
(6) "Person" means any individual, person,
				firm, association or corporation or other legal entity;
(7) "Qualified applicant" means any person
				who may become a qualified lessee as set forth under ARM
				36.25.204;
(8) "State" means the state of
				Montana;
(9) "State lands" means
				all lands the leasing of which for oil and gas is under the jurisdiction of the
				board;
(10) "Standard lease form"
				means the lease then currently in use and approved by the board.
77-3-402,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.2 - Rules Governing the Issuance of Oil and Gas Leases on State Lands › Rule 36.25.203 - LANDS AVAILABLE FOR LEASING

Current through Register Vol. 13, July 5, 2024
(1) State lands
				available for leasing under these rules including any state lands in which the
				oil and gas 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 oil and gas rights have been reserved, in whole or in part, by the
				state of Montana, but in such cases where the lands are under lease for
				grazing, agriculture or similar purposes, care will be taken in issuing the oil
				and gas lease to protect the rights of the purchaser or surface lessee. Such
				lands include all lands owned by the state under navigable lakes or streams.
				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,
				and/or aerial photograph and other information available to the applicant.
				Further provided, that if and when such lands are leased and oil and/or gas in
				commercial quantities is 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 will assume no liability or responsibility
				for the correctness, completeness or validity of such description.
(2) No lease may embrace more than 640 acres,
				except that any section surveyed by the United States which contains more than
				640 acres may be included under one lease.
(3) The land shall be leased in as compact
				bodies as the form and areas of the tract held by the state and offered for
				lease will permit. No lease may embrace noncontiguous subdivisions of lands
				unless such subdivisions are within an area comprising not more than 1 square
				mile.
(4) Any person qualified to
				hold an oil and gas lease on state lands may acquire, receive and hold more
				than one lease.
77-3-402, MCA; IMP,
					 77-3-401,
					 77-3-404,
					 77-3-405, and
					 77-3-407,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.2 - Rules Governing the Issuance of Oil and Gas Leases on State Lands › Rule 36.25.204 - WHO MAY LEASE FOR OIL AND GAS - 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 oil
				and gas 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. Also, no officer or employee or any agency of the executive
				department of state government who is required to inspect or examine oil or gas
				wells or otherwise to gather field information in regard to prospecting for oil
				and gas or the production thereof, may take or hold such lease, nor shall any
				such person become interested in any manner in any oil or gas lease on state
				lands.
77-3-402, MCA; IMP,
					 77-3-401 and
					 77-3-408,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.2 - Rules Governing the Issuance of Oil and Gas Leases on State Lands › Rule 36.25.205 - PROCEDURES FOR ISSUE OF LEASE

Current through Register Vol. 13, July 5, 2024
(1) A sale of
				oil and gas leases on state lands will be scheduled once each quarter, on the
				first or second Tuesday of March, June, and December, and on a day in September
				that will not conflict with the Labor Day holiday. For in-person auctions, the
				date of sale is the day on which the auction will be held. For online auctions,
				the date of sale will be the last day of online bidding. The department has
				discretion to waive or postpone a sale if circumstances warrant. In such event
				a notice of "no sale" will be published in a publication of general circulation
				in Montana and on the department's website. Notice will also be sent to
				stakeholders on the department's oil and gas lease sale mailing list.
(2) Sale of each lease will be by
				competitive in-person or online bidding.
(a)
				Sale will be made and a lease executed to the qualified bidder who makes the
				highest bid.
(b) In the absence of
				any bid at such sale on a particular tract, a lease will be issued to the
				person who first made application therefore in accordance with these rules.
(c) The department reserves the
				right to reject any and all bids on any tract offered for lease.
(d) The successful bidder shall pay the first
				year's rental, the bonus amount, and the issuance fee to the department. For
				online auctions, the successful bidder may also be required to pay an online
				service fee and any fees associated with payment processing or wire
				transfers.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.2 - Rules Governing the Issuance of Oil and Gas Leases on State Lands › Rule 36.25.206 - TERM OF LEASE, EXTENSION BY DRILLING OPERATIONS AT END OF TENTH YEAR

Current through Register Vol. 13, July 5, 2024
(1) The oil and gas lease which shall be
				issued to the successful bidder therefor shall be granted for a primary term or
				period of 10 years, and as long thereafter as oil or gas in paying quantities
				is produced, on condition that all drilling, rental and other obligations are
				fully kept and performed by the lessee.
(2) If oil or gas is not being produced from
				the leased premises at the expiration of the primary term of the lease but the
				owner of the lease or his designee is then engaged in drilling on the premises
				for oil or gas, then the lease continues in force so long as such drilling
				operations are being diligently prosecuted. If oil or gas is recovered from any
				such well drilled or being drilled at or after the expiration of the primary
				term of the lease, the lease continues in force so long as oil or gas in paying
				quantities is produced from the leased premises. The board reserves the right
				to decide whether such drilling operations, which may continue a lease beyond
				the primary term, are being diligently prosecuted.
77-3-402, MCA; IMP,
					 77-3-421 and
					 77-3-422,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.2 - Rules Governing the Issuance of Oil and Gas Leases on State Lands › Rule 36.25.207 - FORM AND PROVISIONS OF LEASE

Current through Register Vol. 13, July 5, 2024
(1) The oil
				and gas lease which will be issued to the successful bidder therefor shall be
				upon the form currently in use and approved by the board. Such form shall
				contain all terms, provisions, and conditions as may be reasonable and proper
				which are not inconsistent with the Enabling Act, the Constitution, and the
				laws of the state and these rules.
77-3-402
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.2 - Rules Governing the Issuance of Oil and Gas Leases on State Lands › Rule 36.25.208 - RENTALS

Current through Register Vol. 13, July 5, 2024
(1) An annual money rental shall be paid to
				the state for each oil and gas lease at the rate of $1.50 for each acre of land
				leased; however, such rental shall in no case be less than $100.00 per annum.
				Rental for the first year of the lease shall include any sums, in excess of
				$1.50 per acre offered and accepted for such first year's rental. The first
				year rental shall be paid before the issuance of the lease. Rental for each
				subsequent year of the lease shall be due and payable before the beginning of
				each subsequent year upon failure to make such payments, the lease terminates.
				The annual money rental is not in lieu of drilling operations, but continues
				throughout the life of the lease. The annual money rental is in addition to any
				nondrilling penalty and any royalty payment. No credit against royalty payment
				is allowed by reason of the annual money rental payment. No partial rental
				payment will be accepted, and the entire rental shall be considered unpaid
				until the full rental payment has been received.
77-3-402, MCA; IMP,
					 77-3-423,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.2 - Rules Governing the Issuance of Oil and Gas Leases on State Lands › Rule 36.25.209 - DELAY DRILLING PENALTIES

Current through Register Vol. 13, July 5, 2024
(1) The lessee
				shall commence the drilling of a well for oil or gas upon the leased premises
				within 5 years of the date of approval of the lease or pay in advance a delay
				drilling penalty as follows:
(a) Prior to
				February 10, 1984, for all leases regardless of date of issuance, $1.25 per
				acre for the 6th year through the 10th year of the lease.
(b) After February 10, 1984, for all leases
				regardless of the date of issuance, $1.25 per acre for the 6th year and $2.50
				per acre for the 7th through the 10th year.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.2 - Rules Governing the Issuance of Oil and Gas Leases on State Lands › Rule 36.25.210 - ROYALTIES

Current through Register Vol. 13, July 5, 2024
(1) The lessee shall pay in cash or deliver
				in kind to the lessor at its option, on all oil and gas produced and saved from
				the leased premises and not used for light, fuel and operation purposes on the
				leased premises, a royalty. The royalty shall be at the following rates unless,
				in regard to a particular lease, the department advertises in its lease sale
				notices that the royalty will be at a higher rate:
(a) On gas at the rate of 16.67%;
(b) On oil at the rate of 16.67%;
				and
(c) The royalty on gas,
				including casing-head gas and all gaseous substances, while the same is not
				sold or used off the premises shall be at the rate of $400 per well each year
				or the amount of the annual rental provided in the lease, in lieu of the per
				well rate, whichever is the greater, payable on or before the annual
				anniversary date of the lease. As long as the leased lands contain a well
				capable of such production and such payment is made, the lease shall be
				considered a producing lease under the lease terms.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.2 - Rules Governing the Issuance of Oil and Gas Leases on State Lands › Rule 36.25.211 - SHUT-IN OIL ROYALTIES

Current through Register Vol. 13, July 5, 2024
(1) An operator of
				an oil well producing upon state lands pursuant to a state oil and gas lease,
				may apply to the director of the department of natural resources and
				conservation to temporarily shut-in an oil well for a one year period of time.
				If the director of the department has shown the three elements as listed below,
				the director may allow the operator to temporarily shut-in the oil well for one
				year period of time upon the operator's payment of shut-in oil royalties. The
				operator must show that:
(a) the oil well is
				incapable of producing in paying quantities at current market values for the
				oil produced;
(b) a significant
				amount of oil production can be recovered in the future from the producing
				formation through the use of equipment presently used at the well head of the
				oil well;
(c) the well is currently
				capable of producing in paying quantities should the market value of the oil
				produced be equal to $25.00 per barrel.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.2 - Rules Governing the Issuance of Oil and Gas Leases on State Lands › Rule 36.25.213 - SURRENDER OF LEASE

Current through Register Vol. 13, July 5, 2024
(1) The lessee
				under any oil and gas lease granted by the state may at the termination of any
				rental year, by giving to the department 30 days of previous notice in writing,
				surrender and relinquish to the state any legal subdivision of the lands
				leased, and be discharged from any obligation not yet accrued as to the lands
				so surrendered and relinquished, without prejudice to the continuance of the
				lease as to 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, whether all of the lease premises or a portion only.
(3) Such written instrument of surrender and
				relinquishment must be signed by the owner of the lease as shown by the records
				of the department. If more than one person owns the working interest in a
				lease, either all such owners must join in a joint surrender of the lease or
				each must submit a separate, written surrender.
(4) If operations have been conducted on
				lands which lessee desires to surrender, the lessee shall also submit with his
				written instrument of surrender evidence of the proper plugging and abandonment
				of any hole drilled on the lands, together with evidence that he has restored
				the premises in accordance with ARM
				36.25.217.
(5) If timely notice is given by the lessee
				of an intent to surrender lands, but the instrument of surrender is inadequate
				under the rules herein set forth, or if any additional required information is
				not timely supplied by the lessee, such informal notice of intent to surrender
				shall be effective to relieve the lessee of any obligation to pay further
				rental on the acreage to be surrendered, provided that an instrument of
				surrender and any additional required information is supplied to the department
				within 60 days after the surrender date as intended and sought by the
				lessee.
77-3-402, MCA; IMP,
					 77-3-439,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.2 - Rules Governing the Issuance of Oil and Gas Leases on State Lands › Rule 36.25.214 - FORFEITURE, CANCELLATION, AND TERMINATION OF LEASES

Current through Register Vol. 13, July 5, 2024
(1) Every oil and gas lease granted by the
				state is subject to forfeiture and cancellation thereof upon failure of the
				lessee to fully discharge the obligations provided therein, after written
				notice from the department and reasonable time allowed to the lessee for
				performance of any undertaking or obligation specified in such notice
				concerning which the lessee is in default. Before any lease is declared
				forfeited or canceled, the department shall issue written notice to the lessee
				of the proposed forfeiture or cancellation and if, within 10 days after receipt
				of the notice, the lessee makes written application for a hearing on the
				matter, the lessee shall be granted a hearing before the department and no
				forfeiture or cancellation shall become effective until after such hearing and
				until the department confirms the original decision and intent to forfeit or
				cancel the lease, based upon the hearing. Following such hearing, notice of the
				decision shall be given to the lessee. Such decision may be for immediate
				cancellation of the lease without further opportunity of the lessee to correct
				any default, but the department may also grant the lessee a further extension
				of time within which to perform certain specified required acts in order to
				continue the lease, failing which the lease will automatically terminate
				without further notice or hearing.
(2) Promptly upon receipt of such notice that
				a lease is to be canceled or forfeited, if the lessee does not within the
				permitted 10 days period apply for hearing on such notice, and promptly after
				receipt of the final decision to cancel or forfeit the lease, following hearing
				on the matter, if the lessee does not appeal, the lessee shall furnish the
				department with written instrument of surrender of the lease as required under
				the provisions of ARM
				36.25.213.
77-3-402, MCA; IMP,
					 77-3-403 and
					 77-3-440,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.2 - Rules Governing the Issuance of Oil and Gas Leases on State Lands › Rule 36.25.215 - POOLING AGREEMENTS AND UNIT AGREEMENTS

Current through Register Vol. 13, July 5, 2024
(1) The board is authorized to enter into
				pooling agreements and unit agreements for the purpose of pooling and unitizing
				state lands held under oil and gas leases with other lands. In connection with
				such agreements the board is authorized to modify any state lease with respect
				to delay rentals, delay drilling penalties, and royalties in accordance with
				such pooling agreements and such unit plans of operation; however, no such
				agreement may change the percentage of royalties to be paid to the state from
				the percentage as fixed in the lease computed on the production of oil and gas
				allocated to the state lands within such pooled or unitized areas. Oil and gas
				produced from any part of a unit in which state lands are included by virtue of
				a pooling or unit agreement are considered to be produced from the state lands
				therein for purposes of these rules and regulations.
(2) No particular form of pooling agreement
				or unit agreement is prescribed or required by the board. However, if the unit
				agreement is in form as prescribed by the United States geological survey for
				unitized operations affecting federal lands, the commitment of state lands to
				such unit agreement will normally be effected by means of the execution by the
				board of an approval and certification on the form adopted by the board on June
				12, 1968. In all cases it is recommended, although not required, that the
				proposed form of pooling agreement or unit agreement be submitted to the board
				for preliminary approval prior to execution by the other
				participants.
77-3-402, MCA; IMP,
					 77-3-430,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.2 - Rules Governing the Issuance of Oil and Gas Leases on State Lands › Rule 36.25.216 - OPERATING AGREEMENTS

Current through Register Vol. 13, July 5, 2024
(1) Any lessee may
				enter into agreements with another person for drilling and other operations for
				oil and gas on state lands under his lease or leases. However, no such
				operating agreements are in any way binding upon the state until filed with and
				approved by the department.
77-3-402, MCA; IMP,
					 77-3-429
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.2 - Rules Governing the Issuance of Oil and Gas Leases on State Lands › Rule 36.25.217 - OPERATIONS ON STATE LEASES

Current through Register Vol. 13, July 5, 2024
(1) The lessee
				shall conduct all operations subject to such inspections as the department
				shall decide to make and shall carry out at the lessee's expense all reasonable
				orders and requirements of the department relative to the prevention of waste
				and preservation of property. On the failure of the lessee to do so, the
				department shall have the right, together with other recourse herein provided,
				to enter on the property to repair damages or prevent waste at the lessee's
				expense.
(2) In all operations on
				lands leased pursuant to these rules and regulations, the lessee shall use the
				highest degree of care and all proper safeguards to prevent pollution of earth,
				air or water by hydrocarbons or other pollutants, excepting that pollution
				which is allowed, if any, by these rules and regulations and the rules and
				regulations relating to oil and gas published by the oil and gas conservation
				division of the department. In the event of pollution, directly or indirectly
				caused by lessees operations on lands leased pursuant to these rules, lessee
				shall use all means at its disposal to recapture escaped hydrocarbons and other
				pollutants and shall be responsible for all damage to public and private
				properties, including bodies of water of any sort, whether above or below the
				surface of the earth.
(3) To
				minimize conflicts with the owner or lessee of the surface of the land leased,
				lessee hereunder shall:
(a) provide the
				surface owner or lessee with a plan for location of all facilities;
(b) consult with the surface owner or lessee
				regarding a reasonable location of access roads. The access roads must be
				located along section lines and existing roads to the fullest extent possible
				and they must disturb as little acreage as possible unless the surface owner
				agrees otherwise. In locating the roads, priority shall be given to minimizing
				interference with the surface owners or lessees operations. The lessee shall
				make just payment to the surface owner for all damage done by reason of his
				entry upon, and use and occupancy of, the surface of the land.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.2 - Rules Governing the Issuance of Oil and Gas Leases on State Lands › Rule 36.25.219 - 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.
(2) A verbatim,
				written record of any hearing or rehearing will be made if any party in
				interest so requests not less than 5 days prior to the day set for hearing, and
				provided the requesting party agrees to pay the cost thereof, including the
				cost of the original copy of the transcript which shall become a part of the
				case record and remain on file with the department. The party requesting such
				verbatim record may be required to deposit in advance the anticipated cost of
				the record. If such written record is made, it shall be certified as true,
				correct and complete.
77-3-402, MCA; IMP,
					 77-3-403,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.2 - Rules Governing the Issuance of Oil and Gas Leases on State Lands › Rule 36.25.220 - RECORDS

Current through Register Vol. 13, July 5, 2024
(1) A separate file and record shall be kept
				on each hearing held on application of a lessee or prospective lessee. Such
				separate file shall contain the written application for the hearing, a copy of
				the notice given which gives rise to the hearing, evidence of the mailing
				thereof, and the transcript of the hearing, if prepared.
(2) The department 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.
77-3-402,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.2 - Rules Governing the Issuance of Oil and Gas Leases on State Lands › Rule 36.25.223 - MINIMUM RESTRICTIONS ON SURFACE ACTIVITY

Current through Register Vol. 13, July 5, 2024
(1) The lessee shall not conduct any seismic
				surface activity which will disturb the surface or move the earth within 300
				feet of any water source including but not limited to wells, springs, streams,
				lakes, or reservoirs unless permission is received in writing from the
				director.
(2) The lessee shall not
				conduct any seismic drilling or blasting activity within 1320 feet of any
				building or similar structure, water well or spring or within 660 feet of any
				reservoir dam unless permission is received in writing from the
				director.
(3) The lessee shall not
				be allowed to occupy, utilize or conduct any activity on the surface of any
				river or lake bed or island unless permission is received in writing from the
				director.
(4) The written
				permission specified in this rule shall not be unreasonably withheld; however,
				the director shall not grant such permission unless he determines that the
				proposed activity will not cause significant adverse environmental effects. The
				director shall make his decision within 30 days of receipt of written request
				for such permission.
77-3-402, MCA; IMP,
					 77-3-401,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.2 - Rules Governing the Issuance of Oil and Gas Leases on State Lands › Rule 36.25.224 - ADDITIONAL RESTRICTIONS - STIPULATIONS

Current through Register Vol. 13, July 5, 2024
(1)
				The department may place stipulations on leases, at the time of issuance when
				necessary to protect the land and its resources. Written notice of all proposed
				stipulations shall be given prior to sale of the lease.
(2) The department may restrict surface
				activity on any lease at any time when adverse or unusual weather conditions
				require such restrictions to prevent accelerated erosion, fires or disruption
				of seasonal wildlife use. The department shall consult with the lessee prior to
				restricting surface activity and may allow limited activity or activity with
				mitigating measures.
(3) The
				department may restrict surface activity on any lease at any time that
				historical or archaeological resources of significance, as determined by the
				state historical preservation office, are discovered on the land under
				lease.
(4) If restrictions pursuant
				to (2) and (3) prevent the lessee from complying with drilling provisions or
				production requirements the lease shall be extended to allow a reasonable time
				to comply with such requirements. This provision shall be liberally construed
				to prevent forfeiture or cancellation of the lease because of
				restrictions.
77-3-402, MCA; IMP,
					 77-3-401,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.2 - Rules Governing the Issuance of Oil and Gas Leases on State Lands › Rule 36.25.225 - COMPLIANCE WITH LEASE STIPULATIONS AND RESTRICTIONS

Current through Register Vol. 13, July 5, 2024
(1) The lessee shall comply with all
				restrictions and stipulations placed upon the lease by the board or the
				department. If a violation of a restriction, stipulation or other resource
				conservation requirement contained in these rules is discovered, the lessee
				will be notified and given an opportunity to correct the violation and repair
				any damage. If the damage is not repairable the lessee shall mitigate the
				damage to the greatest extent possible. If the violation is not corrected,
				repaired or mitigated within the time specified by the department, the lease
				shall be canceled as provided in ARM
				36.25.214.
77-3-402, MCA; IMP,
					 77-3-401,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.2 - Rules Governing the Issuance of Oil and Gas Leases on State Lands › Rule 36.25.230 - APPLICATION FOR SEISMOGRAPHIC PERMIT

Current through Register Vol. 13, July 5, 2024
(1) A
				person wishing to prospect for oil and gas by geophysical methods on state
				lands for which it does not hold an oil and gas lease is required to sign and
				submit two executed copies of a seismographic exploration permit application,
				on forms provided by the department, with a $10.00 fee, to the mineral leasing
				bureau of the department.
77-3-402, MCA; IMP,
					 77-3-401,
					 MCA;