Montana Administrative Code

36.25.141 FEDERAL FARM PROGRAM COMPLIANCE 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…

36.25.143 OVERVIEW OF RECREATIONAL USE RULES (REPEALED) (REPEALED) Authorizing statute(s): 77-1-209, 77-1-804, 77-1-806, MCA Implementing statute(s): 77-1-801, 77-1-802, 77-1-803, 77-1-804, 77-1-805, 77-1-806, 77-1-807, 77-1-808, 77-1-809, 77-1-810, MCA History: NEW, 1992 MAR p. …

36.25.144 ADMINISTRATION OF RECREATION ON STATE LANDS ADMINISTERED BY THE DEPARTMENT (REPEALED) (REPEALED) Authorizing statute(s): 77-1-209, 77-1-804, 77-1-806, MCA Implementing statute(s): 77-1-801, 77-1-802, 77-1-803, 77-1-804, 77-1-805, 77-1-806, 77-1-807, 77-1-808, 77-1-809, …

36.25.145 DEFINITIONS (REPEALED) (REPEALED) Authorizing statute(s): 77-1-209, 77-1-804, 77-1-806, MCA Implementing statute(s): 77-1-101, 77-1-801, 77-1-802, 77-1-804, 77-1-805, 77-1-806, MCA History: NEW, 1992 MAR p. 568, Eff. 3/27/92; AMD, 1993 MAR p. 2536, Eff. 10/29/93; AMD, 1…

36.25.146 GENERAL RECREATIONAL USE OF STATE LANDS: LICENSE REQUIREMENT (REPEALED) (REPEALED) Authorizing statute(s): 77-1-106, 77-1-209, 77-1-802, 77-1-804, MCA Implementing statute(s): 77-1-106, 77-1-801, 77-1-802, 77-1-804, 77-6-210, MCA History: NEW, 1992 MAR p. 568, Eff. 3/28…

36.25.149 GENERAL RECREATIONAL USE OF STATE LANDS: RESTRICTIONS (REPEALED) (REPEALED) Authorizing statute(s): 77-1-209, 77-1-804, MCA Implementing statute(s): 77-1-804, MCA History: NEW, 1992 MAR p. 568, Eff. 3/27/92; AMD, 1994 MAR p. 1844, Eff. 7/8/94; AMD, 1994 MAR p. 2002, Eff…

36.25.150 GENERAL RECREATIONAL USE OF STATE LANDS: CATEGORICAL CLOSURES (REPEALED) (REPEALED) Authorizing statute(s): 77-1-209, 77-1-804, MCA Implementing statute(s): 77-1-804, MCA History: NEW, 1992 MAR p. 568, Eff. 3/27/92; AMD, 1994 MAR p. 1844, Eff. 7/8/94; TRANS, 1996 MAR p.…

36.25.152 GENERAL RECREATIONAL USE OF STATE LANDS: PROCEDURE FOR SITE SPECIFIC CLOSURES (REPEALED) (REPEALED) Authorizing statute(s): 77-1-209, 77-1-804, MCA Implementing statute(s): 77-1-804, MCA History: NEW, 1992 MAR p. 568, Eff. 3/27/92; AMD, 1994 MAR p. 1844, Eff. 7/8/94; TR…

36.25.153 MANAGEMENT CLOSURES AND RESTRICTIONS (REPEALED) (REPEALED) Authorizing statute(s): 77-1-804, MCA Implementing statute(s): 77-1-804, MCA History: NEW, 1994 MAR p. 1844, Eff. 7/8/94; TRANS, 1996 MAR p. 2384; REP, 2025 MAR, Notice No. 2025-91, Eff. 11/8/25.

36.25.154 RECREATIONAL USE ADVISORY COUNCIL (REPEALED) (REPEALED) Authorizing statute(s): 77-1-804, MCA Implementing statute(s): 2-15-122, 77-1-804, MCA History: NEW, 1994 MAR p. 1844, Eff. 7/8/94; AMD, 1994 MAR p. 2002, Eff. 7/22/94; TRANS, 1996 MAR p. 2384; REP, 2025 MAR, Notic…

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 (REPEALED) (REPEALED) Authorizing statute(s): 77-1-209, …

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 (REPEALED) (REPEALED) Authorizing statute(s): 77-1-804, 77-…

36.25.157 GENERAL RECREATIONAL USE OF STATE LANDS: PENALTIES (REPEALED) (REPEALED) Authorizing statute(s): 77-1-209, 77-1-804, MCA Implementing statute(s): 77-1-804, MCA History: NEW, 1992 MAR p. 568, Eff. 3/27/92; AMD, 1994 MAR p. 1844, Eff. 7/8/94; AMD, 1994 MAR p. 2002, Eff. 7…

36.25.158 GENERAL RECREATIONAL USE OF STATE LANDS: DAMAGE REIMBURSEMENT 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 livest…

36.25.159 GENERAL RECREATIONAL USE OF STATE LANDS: WEED CONTROL MANAGEMENT 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 trust land administration account for co…

36.25.161 GENERAL RECREATIONAL USE OF STATE LANDS: OTHER PROVISIONS (REPEALED) (REPEALED) Authorizing statute(s): 77-1-209, 77-1-804, MCA Implementing statute(s): 77-1-804, 77-1-806, MCA History: NEW, 1992 MAR p. 568, Eff. 3/27/92; TRANS, 1996 MAR p. 23841; REP, 2025 MAR, Notice …

36.25.162 SPECIAL RECREATIONAL USE OF STATE LANDS (REPEALED) (REPEALED) Authorizing statute(s): 77-1-209, 77-1-804, MCA Implementing statute(s): 77-1-804, MCA History: NEW, 1992 MAR p. 568, Eff. 3/27/92; TRANS, 1996 MAR p. 2384; REP, 2025 MAR, Notice No. 2025-91, Eff. 11/8/25.…

36.25.163 BLOCK MANAGEMENT AREAS: GENERAL RULES FOR INCLUSION OF STATE LAND (REPEALED) (REPEALED) Authorizing statute(s): 77-1-804, MCA Implementing statute(s): 77-1-804, MCA History: NEW, 1994 MAR p. 2002, Eff. 7/22/94; TRANS, 1996 MAR p. 2384; REP, 2025 MAR, Notice No. 2025-91,…

36.25.164 BLOCK MANAGEMENT AREAS: PROCEDURES FOR INCLUSION OF STATE LAND (REPEALED) (REPEALED) Authorizing statute(s): 77-1-804, MCA Implementing statute(s): 77-1-804, MCA History: NEW, 1994 MAR p. 2002, Eff. 7/22/94; TRANS, 1996 MAR p. 2384; REP, 2025 MAR, Notice No. 2025-91, Ef…

36.25.165 BLOCK MANAGEMENT AREAS: CRITERIA FOR INCLUSION OF STATE LAND (REPEALED) (REPEALED) Authorizing statute(s): 77-1-804, MCA Implementing statute(s): 77-1-804, MCA History: NEW, 1994 MAR p. 2002, Eff. 7/22/94; TRANS, 1996 MAR p. 2384; REP, 2025 MAR, Notice No. 2025-91, Eff.…

36.25.166 BLOCK MANAGEMENT AREAS: TERMS OF AGREEMENT (REPEALED) (REPEALED) Authorizing statute(s): 77-1-804, MCA Implementing statute(s): 77-1-804, MCA History: NEW, 1994 MAR p. 2002, Eff. 7/22/94; TRANS, 1996 MAR p. 2384; REP, 2025 MAR, Notice No. 2025-91, Eff. 11/8/25.

36.25.167 BLOCK MANAGEMENT AREAS: RENEWAL OF AGREEMENT (REPEALED) (REPEALED) Authorizing statute(s): 77-1-804, MCA Implementing statute(s): 77-1-804, MCA History: NEW, 1994 MAR p. 2002, Eff. 7/22/94; TRANS, 1996 MAR p. 2384; AMD, 1997 MAR p. 315, Eff. 2/11/97; REP, 2025 MAR, Noti…

36.25.201 DEFINITIONS When used herein, unless a different meaning clearly appears from the context: "Board" means the board of land commissioners of the state of Montana; "Department" means department of natural resources and conservation; "Director" means director of natural re…

36.25.203 LANDS AVAILABLE FOR LEASING 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 …

36.25.204 WHO MAY LEASE FOR OIL AND GAS -- QUALIFIED LESSEES 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 …

36.25.205 PROCEDURES FOR ISSUE OF LEASE A sale of oil and gas leases on state lands will bescheduled 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…

36.25.206 TERM OF LEASE, EXTENSION BY DRILLING OPERATIONS AT END OF TENTH YEAR 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 pro…

36.25.207 FORM AND PROVISIONS OF LEASE 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 whi…

36.25.208 RENTALS 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, i…

36.25.209 DELAY DRILLING PENALTIES 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: Prior to February 10, 1984, for all leases regard…

36.25.210 ROYALTIES 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 follo…

36.25.211 SHUT-IN OIL ROYALTIES 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 …

36.25.212 ASSIGNMENTS AND TRANSFERS The assignment of any lease, either in whole or as to subdivision of land embracing not less than 40 acres covered thereby, made to an assignee qualified as provided under the law and these regulations is permitted. Such assignment is not, howe…

36.25.213 SURRENDER OF LEASE 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, …

36.25.214 FORFEITURE, CANCELLATION, AND TERMINATION OF LEASES 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 an…

36.25.215 POOLING AGREEMENTS AND UNIT AGREEMENTS 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 autho…

36.25.216 OPERATING AGREEMENTS 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 app…

36.25.217 OPERATIONS ON STATE LEASES 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…

36.25.219 HEARINGS AND APPEALS 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…

36.25.220 RECORDS 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 …

36.25.223 MINIMUM RESTRICTIONS ON SURFACE ACTIVITY 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 perm…

36.25.224 ADDITIONAL RESTRICTIONS - STIPULATIONS 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. The department ma…

36.25.225 COMPLIANCE WITH LEASE STIPULATIONS AND RESTRICTIONS 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 …

36.25.230 APPLICATION FOR SEISMOGRAPHIC PERMIT 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, …

36.25.231 PROCEDURE FOR ISSUANCE OF SEISMOGRAPHIC PERMIT In order to obtain a permit the applicant shall: be qualified to do business in the state as shown by records of the secretary of state; file a surety bond, as required, with the secretary of state; furnish proof (such as c…

36.25.232 SURFACE LIMITATIONS FOR SEISMOGRAPHIC PERMIT The permittee shall confine all surface activity to improved roads during periods when the land surface is wet or is in such a condition that it may be damaged from travel by heavy vehicles or trucks. During all other periods…

36.25.233 OPERATIONS PURSUANT TO A SEISMOGRAPHIC PERMIT Exploration operations shall be conducted in compliance with all federal, state, and local laws, and all ordinances, rules and regulations which are applicable to such operations. Particularly, permittee shall comply with th…

36.25.234 SEISMOGRAPH PLUGGING AND ABANDONMENT Except as hereinafter provided, all seismic holes shall be plugged as soon after being utilized as reasonably practicable; however, in no event shall they remain unplugged for a period of more than 120 days after being drilled and sh…

36.25.235 CANCELLATION OF SEISMOGRAPHIC PERMIT If the department determines that any person has violated any of the provisions of these rules or the permit, the department shall take the necessary action to assure compliance, including cancellation of the permit. Such cancellatio…

36.25.236 SEISMOGRAPHIC PERMIT CHARGES Charges for exploration purposes on state lands on which the state owns the surface shall be paid to the department at the rate of at least $50.00 per hole or $100.00 per mile for vibroseis, surface charges or other surface activity, dependi…