A Montana Surface Use Agreement is a legal contract established between a landowner and a party interested in using the land's surface for various activities such as drilling oil and gas wells, mining, timber harvesting, or installing infrastructure. This agreement outlines the terms and conditions under which the land will be used, ensuring that the landowner's rights are protected while also allowing the interested party to carry out their activities. In Montana, several types of Surface Use Agreements exist depending on the specific land usage: 1. Oil and Gas Surface Use Agreement: This type of agreement is commonly used when a company intends to drill and extract oil or gas from a property. It identifies the boundaries of the land to be used, specifies the timeline for the activities, outlines any compensation or royalties to be paid to the landowner, and addresses potential environmental concerns. 2. Mining Surface Use Agreement: When mining activities such as coal or mineral extraction are proposed, a Mining Surface Use Agreement defines the terms and conditions for the land's surface use. It typically addresses the scope of mining operations, reclamation requirements, land restoration, and financial considerations such as royalties or lease payments. 3. Timber Harvesting Surface Use Agreement: This agreement pertains to the use of land for timber harvesting, either for commercial purposes or for personal use. It outlines the rights and responsibilities of both parties, including the allowable land area for harvesting, sustainable forestry practices being followed, and financial arrangements such as stump age fees or revenue sharing. 4. Infrastructure Installation Surface Use Agreement: In cases where infrastructure, such as pipelines, power lines, or roads, need to be installed on private land, an Infrastructure Installation Surface Use Agreement is put in place. It specifies the location, duration, and purpose of the infrastructure, as well as any associated compensation, easements, or rights-of-way. A Montana Surface Use Agreement is a crucial legal document that protects the rights of both landowners and interested parties seeking to use the land's surface for various purposes. It ensures clear communication, fair compensation, and compliance with environmental regulations, ultimately facilitating responsible and sustainable land use practices.
Montana Surface Use Agreement (Where Lands are Currently in Use)
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County Forms The General Mineral Deed in Montana transfers oil, gas, and mineral rights from the grantor to the grantee. THIS IS NOT A LEASE. There are no Exceptions or Reservations included. The transfer includes the oil, gas and other minerals of every kind and nature.
They include snow-covered summits, as well as low-lying marshland and wild rivers. These wilderness areas are home to thousands of species of flora and fauna ? a number of them threatened or endangered. Hiking, backpacking, camping, horseback riding, hunting, and fishing are all allowed in wilderness areas.
By agreement between DNRC and the Montana Department of Fish, Wildlife and Parks (DFWP), persons who possess a valid Montana Conservation License from DFWP will be authorized to engage in hunting, fishing, and trapping on legally accessible state trust lands that are not closed or restricted to such use.
Surprisingly, these materials may or may not belong to the surface owner. Millions of acres of private land in the Montana/Dakotas region involve a split estate; where the surface ownership is private but the mineral rights are retained by the federal government or other entities.
Fort Ellis Farm is a Fish, Wildlife and Parks weapons-restricted area and requires permission slips from the College of Agriculture. Hunters with permission slips are allowed four days of hunting per slip and the property is limited to no more than four hunters per day.
The law requires every hunter to have permission from the landowner, lessee or agent before hunting on private property regardless of whether the land is posted or not.
Remember, only those state lands that are legally accessible via a public road, navigable river, or adjacent federal lands are available for hunting without permission from the adjacent landowner. You must have permission from the landowner before crossing private land to access state or federal lands.
In Montana, schools and other public institutions are funded in part by revenue generated from certain state-owned lands - those state lands are Trust Land. Montana state trust lands are working lands. These lands are held in trust for the perpetual yield of revenues to support Montana's public education institutions.