(1) A block management agreement that
contains state lands may be renewed.
(2) Subject to (b) , renewal of a block
management agreement that meets the criteria of ARM 36.25.164 may be subject
to the review procedures contained in ARM 36.25.164 only if:
(a) during the term of the agreement, the
department or department of fish, wildlife and parks have received public comments
or complaints tending to:
(i) raise significant concerns regarding
compliance with the agreement;
(ii) indicate that continued enrollment in
the block management program may not be in the best interests of the public or
the trust; or
(iii) there will be changes in the
agreement that impose more stringent restrictions than those contained in the
(b) If the department or department of
fish, wildlife and parks has received complaints under the department of fish,
wildlife and parks' complaint resolution system regarding a block management
area that is being considered for renewal and those complaints have not been
resolved, the director may not renew the agreement without public review until
receiving a recommendation from the recreational use advisory council as to
whether public review is appropriate.
(3) The renewal of a block
management agreement that does not contain state land meeting the criteria in
ARM 36.25.164 or does not meet the criteria of (2) above is not subject to
public review under ARM 36.25.164.
(4) A block management agreement
that was in effect on September 20, 1993, and was terminated in protest of the
board's decision to expand the definition of "general recreational
use" to include hiking and bird-watching may be renewed prior to October
1, 1994, under this rule.
(5) The department may renew a
block management agreement that includes state land only if it meets the
criteria for approval contained in ARM 36.25.165 and contains the provisions
of ARM 36.25.166.