Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.116 - ISSUANCE OF LEASE OR LICENSE ON LAND CURRENTLY UNDER LEASE OR LICENSE

Current through Register Vol. 13, July 5, 2024
(1) Any interested person may request notice
				of the expiration of any lease or license. Such requests shall be in writing
				and shall include an adequate description of the state land involved and the
				address of the person requesting notice. An application and bid form will be
				mailed to the last known address of each person requesting no notice, allowing
				reasonable time for response.
(2) A
				person who desires to lease or obtain a license on state land currently under
				lease or license shall apply for such lease or license in the manner specified
				in ARM 36.25.115, and the application
				shall be accepted under the same conditions as specified in that section. An
				application fee will be required and applications for land currently under
				lease or license will only be accepted after December 1 of the year preceding
				the expiration of the current lease. Application forms must be postmarked on or
				before January 28 of the year in which the lease expires. Only applications on
				the standard application form will be accepted.
(3) Any person who desires to bid must submit
				such bid along with his completed application form. The bid shall be in writing
				on the form prescribed by the department and then in current use. Blank forms
				may be secured from the department at no cost. Once a bid has been submitted to
				the department and opened it may not be withdrawn except for good cause as
				determined by the department. All bids shall be sealed bids and will not be
				opened until a specified time and place. A certified check, cashier's check, or
				money order in an amount equal to $1 per acre for each acre of agricultural
				land and 20% of the annual rental bid for grazing and all other leases or
				licenses must be submitted as a deposit with any bid along with the
				nonrefundable lease or license application fee. The deposit of any unsuccessful
				bidder shall be returned when the lease or license is issued. The deposit or a
				portion thereof may be forfeited if the department determines that the bid
				which has been submitted is frivolous, forged, a bad faith bid, or a bid
				submitted for purposes of harassment.
(4) The high bidder for the lease or license
				of the land described in the application shall be deemed to have leased or
				licensed such land at the rental price bid by him, subject to the preference
				right of the current lessee as described in ARM
				36.25.117; however, the board may
				withdraw any land from further leasing or licensing for such period as the
				board determines to be in the best interests of the state.
(5) All lessees of licensees shall sign and
				return the lease to the department within 30 days of receipt of the lease.
				Failure to return the lease or license within 30 days may be cause for
				cancellation and re-advertisement.
77-1-209, MCA; IMP,
					 77-6-205,
					 MCA;