77-1-106. (Temporary) Setting of rates or fees -- rules. (1) In setting the lease rental rates, agreement rates, or fees for the use of state lands and cabin sites, the board shall consider the impact of the uses on the school trust asset, lessee expenses for management, water development, weed control, fire control, the term of the lease, the production capabilities, the conditions on the lease payment, and any other required expenses reasonably borne by the lessee. In setting cabin site lease rates, the board shall consider expenses that are commonly incurred by the lessees to preserve the value of the state land or to provide services commonly provided by private lessors in the area.
(2) All lease rental rates, agreement rates, and fees established by the board under 77-1-208, 77-1-802, 77-1-815, 77-6-202, 77-6-501, 77-6-502, and 77-6-507 must consider the trust asset and be in the best interests of the state with regard to the long-term productivity of the school trust lands, while optimizing the return to the school trust.
(3) The board shall comply with Title 2, chapter 4, part 3, in setting rental rates, agreement rates, and license fees pursuant to 77-1-208, 77-1-802, 77-1-815, 77-6-202, 77-6-501, 77-6-502, and 77-6-507. (Void on occurrence of contingency--sec. 8, Ch. 596, L. 2003.)
77-1-106. (Effective on occurrence of contingency) Setting of rates or fees -- rules. (1) In setting the lease rental rates or fees for the use of state lands and cabin sites, the board shall consider the impact of the uses on the school trust asset, lessee expenses for management, water development, weed control, fire control, the term of the lease, the production capabilities, the conditions on the lease payment, and any other required expenses reasonably borne by the lessee. In setting cabin site lease rates, the board shall consider expenses that are commonly incurred by the lessees to preserve the value of the state land or to provide services commonly provided by private lessors in the area.
(2) All lease rental rates and fees established by the board under 77-1-208, 77-1-802, 77-6-202, 77-6-501, 77-6-502, and 77-6-507 must consider the trust asset and be in the best interests of the state with regard to the long-term productivity of the school trust lands, while optimizing the return to the school trust.
(3) The board shall comply with Title 2, chapter 4, part 3, in setting rental rates and license fees pursuant to 77-1-208, 77-1-802, 77-6-202, 77-6-501, 77-6-502, and 77-6-507.
History: (1), (2)En. Sec. 13, Ch. 586, L. 1993; (3)En. Sec. 10, Ch. 586, L. 1993; amd. Sec. 3, Ch. 596, L. 2003.
Structure Montana Code Annotated
Chapter 1. Administration of State Lands
77-1-102. Ownership of certain islands and riverbeds
77-1-103. Administration of lands
77-1-106. Setting of rates or fees -- rules
77-1-107. Purchase of historic easement across state land for benefit of private land
77-1-108. Trust land administration account -- administrative costs -- appropriation
77-1-109. Deposits of proceeds in trust land administration account
77-1-112. Violations classified
77-1-113. Restrictions on who may buy or lease state lands
77-1-117. Disposition of fines and judgment proceeds
77-1-118. Use of exploding targets prohibited -- definition -- penalty
77-1-121. Environmental review compliance -- exemptions
77-1-122. Environmental review of energy development projects on state land
77-1-123. and 77-1-124 reserved
77-1-126. Notice of noncompliance
77-1-127. Department authorized to control weeds -- billing for weed control
77-1-128. Administrative hearings
77-1-129. Rulemaking authority
77-1-131. State lands historic right-of-way account
77-1-132. Earnings reserve account
77-1-141. Determination of date of delivery