36.25.704    PRELIMINARY REVIEW OF CABIN SITES AND HOME SITE SALE PARCELS BEFORE NOMINATION

(1) The department shall conduct a preliminary review of each parcel prior to department's nomination of any cabin site or home site parcel for sale. The department shall also conduct a preliminary review of any lessee- or improvement owner-nominated parcel to determine the suitability and priority for selling a cabin site or home site. The department may consider the following factors in the preliminary review:

(a) whether sale is consistent with the board's constitutional fiduciary duty;

(b) whether the parcel possesses clear title and whether any mortgage holder consents to sale;

(c) whether there are any outstanding lease violations on the parcel;

(d) whether, and to what degree the sale of the parcel would affect access to other public lands; and

(e) the extent of infrastructure, such as roads, utilities, power, telephone, water, or sewer availability.

(2) Based on the preliminary review, the department will inform the nominating lessee how the department ranks the cabin site or home site for processing for nomination for sale.

(3) The department may determine, based on current market conditions, the annual amount of cabin site or home site sale applications that it will accept and process in a given area.

History: 77-1-204, 77-2-308, 77-2-362, MCA; IMP, 77-2-328, 77-2-363, MCA; NEW, 2013 MAR p. 2423, Eff. 12/27/13.