77-3-115. Lease provisions. (1) A lease may contain reasonable provisions for preliminary prospecting periods and must contain reasonable requirements for the prosecution of work during the prospecting period, if any, and for the prosecution of mining after the prospecting period.
(2) The lease may provide for the payment of rentals in conjunction with the work requirements or may prescribe cash rentals as an alternative or otherwise as the board considers best.
(3) The lease must specify the term of the lease, the royalty to be paid, reasonable forfeiture provisions, and reasonable terms under which the lessee may, within a time limited in the lease, remove property placed upon the leased lands by the lessee in the event of the termination of the lease by forfeiture or by lapse of time.
(4) The lease may contain other provisions that the board and the lessee agree upon that are not inconsistent with this part.
History: En. Sec. 3, Ch. 148, L. 1937; amd. Sec. 1, Ch. 205, L. 1947; amd. Sec. 37, Ch. 428, L. 1973; R.C.M. 1947, 81-603(part); amd. Sec. 2556, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources
Part 1. Prospecting Permits and Mining Leases
77-3-102. Mining leases authorized
77-3-103. Prospecting permits authorized
77-3-104. Notice of permit or lease approval
77-3-105. Assignment of leases or permits
77-3-106. Disposition of royalties, fees, and penalties
77-3-107. through 77-3-110 reserved
77-3-111. Applications for mining lease
77-3-112. Examination of lands prior to leasing
77-3-113. Quantity of lands covered by lease
77-3-114. Restrictions on mining leases on lands already subject to coal, oil, or gas lease
77-3-117. Modification of lease provisions
77-3-118. Restrictions on removal of minerals and gems during preliminary prospecting period
77-3-120. Bonds to protect prior purchasers, lessees, or contractees
77-3-121. Pooling agreements and unit plans of operation
77-3-122. Sales, contracts for sale, and other leases subject to mining leases
77-3-124. through 77-3-129 reserved
77-3-130. Limitation on public inspection rights