Title 77, Title 77

The board may accept gifts, donations, or contributions of land suitable for forestry or park purposes and enter into agreements with the federal government or other agencies for acquiring by lease, purchase, or otherwise such lands as in the judgment of the board are desirable f…

When lands are acquired or leased under 77-1-214, the board is hereby authorized to: (1) make expenditures from any funds not otherwise obligated for the management, development, and utilization of such areas; (2) sell or otherwise dispose of products from such lands; and (3) mak…

All revenues derived from lands acquired under the provisions of 77-1-214 shall be segregated by the state treasurer for the use of the board in the acquisition, management, development, and use of such lands until all obligations incurred have been paid in full. Thereafter, 50% …

Obligations for the acquisition of land incurred by the board under the authority of 77-1-214 shall be paid solely and exclusively from revenues derived from such lands and shall not impose any liability upon the general credit and taxing power of the state.

(1) There is a public school land acquisition account in the state special revenue fund established in 17-2-102. The account must be administered by the department. (2) Money in the account may be used only for the purpose of purchasing and managing interests in and appurtenances…

(1) The board may request the board of examiners to issue bonds for the purpose of purchasing interests in and appurtenances to real property selected by the board in accordance with the requirements of this section. Upon issuance of the bonds, the board shall purchase the real p…

(1) To the extent practical and consistent with the board's powers and duties pursuant to 77-1-202, the board shall offset purchases made pursuant to 77-1-218, 77-1-219, and 77-1-229 by selling an equal amount of land. (2) Proceeds received from offsetting sales may not be used f…

(1) The board shall annually prepare a report on state trust lands that summarizes the land held in trust for each beneficiary by land classification. (2) The report must include the asset value and financial performance of the land held for each beneficiary as calculated using t…

(1) There is a public land trust acquisition account in the state special revenue fund established in 17-2-102. Any funds recovered by the state as a result of the claim that PPL Montana, LLC, owes compensation to the state for using state-owned riverbeds from 2000 through 2007 a…

(1) Subject to legislative appropriation, the board is authorized to evaluate potential purchases and purchase interests in and appurtenances to real property from the proceeds of the account established in 77-1-228 pursuant to the limitations of 77-1-220, 77-1-228, and this sect…

(1) (a) In order to establish full rental market value, the board shall establish an open competitive bidding process for all vacant cabin site properties. Except as provided in subsection (1)(c), the minimum bid must be initially set at 2% of the most recent cabin site appraisal…

(1) (a) Subject to subsection (2), the board shall offer all existing cabin site lessees or licensees the option of 15-year lease contracts based on the rental market valuation process provided in 77-1-235. (b) (i) At least three winning bids made pursuant to 77-1-235 must be ref…

(1) Under the direction of the board, the department has charge of the selecting, exchange, classification, appraisal, leasing, management, sale, or other disposition of the state lands. It shall perform such other duties the board directs, the purpose of the department demands, …

The department may prescribe fees, with the approval of the board, for the issuance, filing, or making of a copy of any instrument or for any other service.

If any money is erroneously paid to the state on any permit, lease, certificate of purchase, patent, loan, or in any other transaction, the department shall refund that money to the person entitled to it from the proper fund.

Under the general direction of the board and as rapidly as the appropriations for the work will permit, the department shall select and locate all lands granted to this state by the United States for any purpose and not located by the grant itself. It shall also select and locate…

The state lands are classified as follows: (1) Class 1--lands which are principally valuable for grazing purposes; (2) Class 2--lands which are principally valuable for the timber that is on them or for the growing of timber or for watershed protection; (3) Class 3--lands which a…

(1) The classification or reclassification shall be so made as to place state land in the class which best accomplishes the powers and duties of the board as specified in 77-1-202 and 77-1-203. When state lands are classified or reclassified in accordance with these duties and re…

A capability inventory shall be made prior to changing the classification of state lands. Such inventory shall include, when appropriate to the classification, information on soils capability, vegetation, wildlife use, mineral characteristics, public use, aesthetic values, cultur…

All field books, plats, maps, and records of the department shall show the class to which each tract therein belongs and whether it belongs to the public schools of the state or to a state institution or other entity according to the grant or instrument by which title to the land…

(1) In order to retain the integrity of the recreational experience associated with Montana's river and lake islands, development of undisputed state-owned or state-leased island property, which is hereby designated as island parks, including islands designated as state property …

It is in the best interest and to the great advantage of the state of Montana to seek the highest development of state-owned lands in order that they might be placed to their highest and best use and thereby derive greater revenue for the support of the common schools, the univer…

The board shall adopt such rules as it considers necessary and proper for the purpose of carrying out the provisions of this part.

(1) The developments contemplated by this part may include those projects that will develop or conserve the various state land resources, including water, both surface and underground, grazing land, agricultural land, timber land, and other land to the benefit of the state. They …

(1) The department may use funds appropriated from the trust land administration account provided for in 77-1-108 for timber sale preparation, documentation, administration, and contract harvesting costs. (2) In order to increase the volume of timber sold at the earliest possible…

(1) To facilitate the management of isolated tracts of all classifications of state lands, the department may negotiate reciprocal access agreements that may include easements. For an easement granted pursuant to this subsection, the board may waive all or a portion of the survey…

When used in this part, unless a different meaning clearly appears from the context, the following definitions apply: (1) "Ownership record" means the original deed, abstract, and any other instrument signifying state ownership or other interest in real property. (2) "State agenc…

The secretary of state shall transfer all ownership records on file in the secretary of state's office to the department. The department shall transfer the records of land held or administered by the department of transportation for highway rights-of-way and maintenance to the de…

Except as provided in 77-1-706, state agencies shall file with the department ownership records of state lands held by the agency.

The department shall provide a secure yet accessible repository for the ownership records of state land.

(1) The department shall establish and maintain a filing system and index of the following information on state land: (a) legal description of the land; (b) when the land was acquired or disposed of; (c) name of the state agency administering or disposing of the land; and (d) nam…

The department of transportation is not required to file with the department records of land used for highway rights-of-way and maintenance but is required to file with the department ownership records of state land held for administrative purposes.

The department may adopt rules for implementing and administering this part concerning transfer and filing of ownership records.

(Temporary) Recreational use license required to use state lands for general recreational purposes -- penalty -- exemption. (1) Except as provided in subsection (2), a person 12 years of age or older shall obtain an annual recreational use license pursuant to 77-1-802 to use stat…

(Temporary) Recreational use -- fee. (1) The fee for general recreational use on state trust land must attain full market value whether the license is sold pursuant to 77-1-801 or under an agreement with the department of fish, wildlife, and parks as provided in 77-1-815. (2) Mon…

(1) The board shall adopt rules authorizing and governing the recreational use of state lands allowed under 77-1-203. The board shall use local offices of the department to administer this program whenever practical. (2) Rules adopted under this section must address the circumsta…

(1) The provisions of 70-16-302 that limit the liability of a landowner or the landowner's tenant for the recreational use of property apply to the state and any lessee of state lands used for general recreational purposes. (2) The lessee is not responsible for the suppression of…

(1) If a lessee of state lands under this part desires to be notified prior to anyone entering upon the leasehold, the lessee shall post, at customary access points, signs provided or authorized by the department. The signs must set forth the lessee's or the lessee's agent's name…

(Temporary) State lands recreational use. Money appropriated for the purpose of managing recreational use of state lands must be used by the department for the following purposes: (1) compensation pursuant to 77-1-809 for damage to the improvements of leases that has been proved …

A lessee may apply to the department for reimbursement of documented costs of repair to or replacement of improvements, growing crops, or livestock damaged by recreational users of state lands. For the purpose of this section, improvements include the structures described in 77-1…

(1) The department shall establish a weed control management program for the control of noxious weeds reasonably proved to be caused by the recreational use of state lands. The department may by rule establish a noxious weed management program that may include direct compensation…

(Temporary) Agreement for general recreational use on legally accessible state trust land. (1) The board is authorized to enter into an agreement with the department of fish, wildlife, and parks to compensate state trust land beneficiaries for the use and impacts associated with …

(1) Pursuant to Article X of the Montana constitution, the legislature declares that it is the policy of the state that state trust land is to be treated as a sacred trust and is subject to fiduciary principles in its management. It is the intent of the legislature that state tru…

As used in this part, unless the context requires otherwise, the following definitions apply: (1) "Attainable workforce housing" has the same meaning as provided in 90-6-143. (2) "Cancellation" means the cessation of a lessee's possessory rights and privileges under a lease due t…

The board shall determine how the development of state trust land for commercial purposes is to proceed before any state trust land is offered for lease. In making this determination, the board may consider the following factors: (1) the purpose of any development or development …

(1) State trust land may be leased for a term not to exceed 99 years for commercial purposes to the highest and best bidder responding to a department request for proposals for commercial uses of a specified tract. (2) The board may enter into contracts with lessees of state trus…