77-1-145. Enabling Act enforcement -- findings. (1) The legislature finds that:
(a) section 13 of The Enabling Act requires that 5% of the proceeds from public lands in Montana sold by the United States, after deduction of expenses, must be paid to the state for the support of the common schools;
(b) the United States incorrectly interprets The Enabling Act provision cited in subsection (1)(a) to only include the sale of lands managed by the secretary of the interior; and
(c) the United States owes Montana 5% of the proceeds of all public land in Montana sold by the United States government since November 8, 1889.
(2) The attorney general shall pursue, to the extent feasible using available state resources, payment of the funds owed to Montana pursuant to subsection (1).
(3) Any money paid to the state pursuant to this section must be deposited in the permanent fund for the support of common schools as referenced in section 13 of The Enabling Act.
History: En. Sec. 1, Ch. 345, L. 2015.
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