36.25.302 LANDS AVAILABLE FOR LEASING
(1) State lands available for leasing by the board
under these rules include state lands to which the title has vested in the
state and in
which the coal or coal rights are not reserved by the United States. Such state lands
include those which have been sold but in which coal rights have been reserved,
in whole or in part, whether such lands are under certificate of purchase or
whether patents have been issued. The board in its discretion may withdraw any lands from leasing. In cases where the
lands are under lease for grazing, agriculture or similar purposes, care will
be taken in issuing the coal lease to protect the rights of the purchaser or
(2) If after a determination of the amount, location, and quality of the coal on the lands for lease, it appears
that the extraction of the coal from such lands by strip mining methods would
adversely affect the methods of recovery of deep minable coal from such
operations on such lands in the future, the board may not issue a lease.
History: 77-3-303, MCA; IMP, 77-3-303, MCA; NEW, 1979 MAR p. 734, Eff. 7/12/79; TRANS, 1996 MAR p. 2384.