Montana Administrative Code

36.25.615 SPECIAL CONDITIONS AND STIPULATIONS The board may attach special conditions and stipulations to any lease prior to issuance in order to protect the interests of the state. An applicant or bidder shall be notified of any special condition or stipulation prior to lease or…

36.25.616 NOTICE OF DISCOVERY OF OTHER MINERALS The mineral lessee shall promptly notify the department of the discovery of any valuable minerals other than those covered by the mining lease. Authorizing statute(s): 77-6-104, MCA Implementing statute(s): 77-3-114 and 77-3-118, MC…

36.25.617 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 conduct…

36.25.701 DEFINITIONS As used in this subchapter, the following definitions apply, except where the context clearly indicates otherwise: "Agenda item report" means an agenda item containing information specific to sales presented to the state Board of Land Commissioners. "Bid" me…

36.25.702 TRANSACTION COSTS FOR CABIN SITE OR HOME SITE SALES With the exception of processing costs described in this rule, the purchaser, or an applicant for purchase, of lands formerly comprising a state cabin site need not compensate the department for any administrative cost…

36.25.703 CONSIDERATIONS IN THE SALE OF CABIN SITE OR HOME SITE PURSUANT TO LAND BANKING If the sale of a parcel would extinguish existing, reasonable public access to other public or state trust land or to public water, as defined in 77-2-303(2)(a), MCA, the board shall reserve …

36.25.704 PRELIMINARY REVIEW OF CABIN SITES AND HOME SITE SALE PARCELS BEFORE NOMINATION The department shall conduct a preliminary review of each parcel prior to department's nomination of any cabin site or home site parcel for sale. The department shall also conduct a prelimina…

36.25.705 PROCEDURES FOR NOMINATING AND EVALUATING CABIN SITE AND HOME SITES FOR SALE PURSUANT TO LAND BANKING The board shall, in its sole discretion, sell individual cabin sites and home sites in configurations providing the best financial and management advantage to the affect…

36.25.706 TERMINATION OF LESSEE-INITIATED CABIN SITE OR HOME SITE SALE AFTER DEPOSIT AND PROCESSING COSTS PAID BY LESSEE If the current lessee of the cabin site or home site has initiated the sale, as authorized by 77-2-361 through 77-2-367, MCA, and submitted processing costs wi…

36.25.707 PROCEDURE FOR CONDUCTING CABIN SITE AND HOME SITE SALES All land cabin site and home site sales are subject to the provisions of 77-2-318 through 77-2-326, MCA. The department shall set the date of the auction. Bidders may appear personally or be represented by a legall…

36.25.708 VALUATION OF CABIN SITE AND HOME SITE IMPROVEMENTS FOR ACQUISITION UPON SALE OF CABIN AND HOME SITES If the lessee or improvement owner consents to the terms and conditions of the proposed sale and the valuation of cabin site or home site improvements, the sale must pro…

36.25.801 DEFINITIONS As used in this subchapter, the following definitions apply, except where the context clearly indicates otherwise: "Accounting period" means the interval of time used to calculate and compare investment decision criteria for various land classes. "Annual ret…

36.25.802 LAND BANKING TRANSACTION COSTS The department may not be compensated for transaction costs of services performed by department staff. The department shall: maintain a record of each transaction; and summarize transaction costs at the completion of each sale or acquisiti…

36.25.803 CONSIDERATIONS IN THE SALE OF STATETRUSTLAND PURSUANT TO LAND BANKING The board may only sell a parcel that is wholly surrounded by other public land if the board provides compelling reasons for the sale. The board may only sell a parcel that is wholly surrounded by lan…

36.25.804 PRELIMINARY REVIEW OF PARCELS BEFORE NOMINATION The department shall conduct a preliminary review of each parcel prior to nomination to determine whether further review is warranted. The department may consider the following factors in the preliminary review: the parcel…

36.25.805 PROCEDURES FOR NOMINATING AND EVALUATING STATE TRUST LANDS FOR SALE PURSUANT TO LAND BANKING The board shall, in its sole discretion, sell sale units in configurations providing the best financial and management advantage to the affected trust beneficiary. The board res…

36.25.806 REQUIREMENTS FOR LAND BANKING EARNEST MONEY DEPOSIT (REPEALED) Authorizing statute(s): 77-1-204, 77-2-308, 77-2-362, MCA Implementing statute(s): 77-2-328, 77-2-363, MCA History: NEW, 2004 MAR p. 2399, Eff. 10/8/04; REP, 2008 MAR p. 1153, Eff. 6/13/08.

36.25.807 TERMINATION OF LESSEE-INITIATED LAND BANKING SALE AFTER DEPOSIT AND PROCESSING COSTS PAID BY LESSEE If the current lessee of the land to be sold has initiated the sale, as authorized by 77-2-361 through 77-2-367, MCA, and submitted processing costs with the department, …

36.25.808 PROCEDURE FOR CONDUCTING STATE TRUST LAND SALES All land sales are subject to the provisions of 77-2-318 through 77-2-326, MCA. The department shall set the date of the auction. Bidders may appear personally or be represented by a legally authorized representative. As r…

36.25.809 SETTLEMENT FOR AND REMOVAL OF IMPROVEMENTS If the parcel is under an agricultural or grazing lease or license with the state at the time of sale, settlement and removal of improvements are governed by the conditions of the lease or license or by ARM 36.25.125. If the pa…

36.25.810 FINAL BOARD APPROVAL AND ISSUANCE OF DOCUMENTS OF CONVEYANCE Before issuing documents of conveyance, the department shall present the proposed sale to the board: the board shall approve or disapprove the sale; and if the board disapproves the sale, the successful bidder…

36.25.811 THE LAND BANKING TRUST FUNDS The proceeds from a sale of state trust land must be deposited in the land banking trust fund to which the land belonged. When the board conducts a sale of state trust land pursuant to the land banking program, the board shall distribute the…

36.25.812 NOMINATION OF TRACTS FOR ACQUISITION Any person may nominate a tract or tracts for acquisition. Nominations must be on a form issued by the department and must be sent to Land Banking, Department of Natural Resources and Conservation, P.O. Box 201601, Helena, MT 59620-1…

36.25.813 PRELIMINARY REVIEW OF TRACTS NOMINATED FOR ACQUISITION The department reserves the right to prioritize activities related to the acquisition of land. The department shall obtain from the seller and evaluate a disclosure statement that describes any known material defect…

36.25.814 PRELIMINARY BOARD APPROVAL TO PURCHASELAND, EASEMENTS, OR IMPROVEMENTS The department shall present the preliminary review of the nominated tract to the board. a) If the board disapproves acquiring a tract, the department shall remove the tract from nomination and elimi…

36.25.815 ANALYSIS, REVIEW, AND DUE DILIGENCE IN PREPARING TO ACQUIRE STATE TRUST LAND The department may not purchase a tract, easement, or improvement pursuant to 77-2-361 through 77-2-367, MCA, without preparing a financial analysis. The analysis must include: the average annu…

36.25.816 FINAL APPROVAL OF LAND ACQUISITION BY STATE LAND BOARD The department shall report to the board the complete findings compiled under the requirements of ARM 36.25.815. The department shall recommend whether acquiring the tract is in the best interest of the affected tru…

36.25.817 DOCUMENTS OF CONVEYANCE ON LAND ACQUISITION Title to land acquired by the state must be by warranty deed. Authorizing statute(s): 77-1-204, 77-2-308, and 77-2-362, MCA Implementing statute(s): 77-2-328, MCA History: NEW, 2004 MAR p. 2399, Eff. 10/8/04.

36.25.901 DEFINITIONS As used in this subchapter, the following definitions apply, except where the context clearly indicates otherwise: "Board" means the state Board of Land Commissioners. "Bureau" means the Real Estate Management Bureau of the Trust Lands Management Division of…

36.25.902 ACCOUNTABLE PARTIES The board adopts the rules in this subchapter to provide the Trust Land Management Division of the Montana Department of Natural Resources and Conservation with consistent policy, direction, and guidance when selecting and implementing real estate pr…

36.25.903 GENERAL APPLICABILITY The Real Estate Management Plan (plan) rules, ARM 36.25.901 through 36.25.918, implement the Programmatic Environmental Impact Statement (PEIS) and the associated Record of Decision (ROD) adopted July 18, 2005. The rules apply to real estate projec…

36.25.904 GENERAL DEVELOPMENT STANDARDS The department will actively pursue commercial, industrial, residential, and conservation uses to increase revenue on trust lands, through one or more of the following means: targeting those tracts most suitable for development; improving e…

36.25.905 PROJECT EVALUATION, REVIEW, AND SELECTION PROCESS ARM 36.25.906 through 36.25.910 describe the evaluation, review, and selection process for real estate projects on state trust lands. The department will require ARM 36.25.906 through 36.25.910 for real estate projects a…

36.25.906 SITE-SPECIFIC EVALUATION The department will conduct a site-specific evaluation to assess the suitability of a tract or portion of a tract proposed for a real estate project. The site-specific evaluation will include the following factors: unique or sensitive biological…

36.25.907 SITE SELECTION REPORT Field staff will develop a site selection report for each real estate project proposal that will include these elements: how the proposed real estate project conforms to the standards in ARM 36.25.904; description of the proposed real estate projec…

36.25.908 PROJECT IDENTIFICATION TEAM AND PROJECT REVIEW COMMITTEE The department will form a project identification team comprised of bureau staff and field representatives. The project identification team will meet annually, at minimum. The duties of the project identification …

36.25.909 PROJECT MANAGEMENT LIST The department will create a project management list of the real estate projects selected by the project identification team. The list will identify new real estate projects, existing or previously approved real estate projects, and canceled real…

36.25.910 NOTIFICATION OF CONSERVATION INTEREST After providing notice of new real estate projects pursuant to ARM 36.25.909, the department shall allow conservation entities 60 days in which to propose a conservation use of those lands by issuing a letter of intent to the depart…

36.25.911 NEW DEVELOPMENT THRESHOLDS The statewide threshold is 30,000 acres. The department will conduct a review of the plan as specified in ARM 36.25.914(2) if the aggregate acreage of real estate projects, sales, and exchanges meeting the criteria described in ARM 36.25.916(2…

36.25.912 NEW DEVELOPMENT THRESHOLD EXEMPTIONS An urban tract meeting any one of the following criteria will be exempt from the statewide threshold in ARM 36.25.911(1). A rural tract meeting any one of the following criteria will be exempt from the rural threshold in ARM 36.25.91…

36.25.913 ACCOUNTING AND REPORTING The department will account for real estate management activities that meet ARM 36.25.910 and 36.25.912. In addition, the department will account for the following: acres under commercial, industrial, or residential lease where no commercial, in…

36.25.914 MANAGEMENT OF THE REAL ESTATE MANAGEMENT PLAN In July 2010 and every five years thereafter, the bureau will issue a report upon the implementation and effectiveness of the plan, including a recommendation on the need for significant changes to the plan. Upon review of s…

36.25.915 MINIMUM LEASE CALCULATION Pursuant to 77-1-905(2), MCA, the department will set the minimum annual rent for any commercial lease to obtain the full market value of that lease. Such rental shall be at a rate not less than the product of the appraised value of the land mu…

36.25.916 DELEGATION OF AUTHORITY TO DEPARTMENT FOR SURVEYING, PLATTING, AND EXACTIONS The board delegates to the department, subject to its review, its authority under 77-1-301, 77-2-309, and 77-2-310, MCA, to determine whether it is in the best interest of the trust beneficiari…

36.25.917 APPRAISAL OF LAND PRIOR TO LEASE OR EASEMENT The value of a parcel under consideration for lease or issuance of an easement shall be determined through an appraisal or limited valuation. An appraisal must include state-owned improvements in the valuation and use compara…

36.25.918 CATEGORICAL EXCLUSIONS Pursuant to 77-1-121, MCA, and ARM 36.2.523(5), the board adopts the following additional categorical exclusions for real estate management activities conducted upon state trust lands: lease and license administration including review, inspection,…

36.26.101 PURPOSE AND GOAL The purpose of these rules is to define the dispute resolution process provided for in Article III.F. of the Yellowstone River Compact. The goal of the dispute resolution process is to encourage joint problem solving and consensus building. It consists …

36.26.102 CONSENSUS In the process of administering the Yellowstone River Compact, the representatives from Montana and Wyoming seek consensus. Consensus is an agreement that is reached by identifying the interests of Montana and Wyoming and then building an integrative solution …

36.26.103 UNASSISTED NEGOTIATION In all situations, the representatives from Montana and Wyoming shall first attempt to seek consensus through unassisted negotiation. The federal representative will not serve as chairperson in the unassisted negotiation process. During a negotiat…

36.26.104 FACILITATION If the representatives from Montana and Wyoming are not able to reach consensus through unassisted negotiation, they shall each identify, articulate, and exchange, in writing, the unresolved issues. The representatives from Montana and Wyoming shall then jo…