36.25.158    GENERAL RECREATIONAL USE OF STATE LANDS: DAMAGE REIMBURSEMENT

(1) As provided in 77-1-809, MCA, a lessee or a mineral lessee may apply to the department for reimbursement of costs resulting from repair to or replacement of the lessee's improvements, growing crops, or livestock on state lands damaged by recreationists.

(2) The application must be submitted to the area or unit office within 30 days of the time that the lessee discovers the damage, must be in affidavit form, and must contain:

(a) the date of discovery of the damage;

(b) the nature of the damage;

(c) reasonable proof that the loss was caused by a recreationist;

(d) documentation of repair or replacement costs; and

(e) whether the claimant has submitted a claim to his private insurance carrier and, if so, the status of the claim.

(3) No reimbursement may be paid to the extent the lessee's costs have been reimbursed by the lessee's insurance carrier.

(4) Upon review of the application and, if necessary, additional investigation, the department shall grant the claim in whole or in part or deny the claim. The department shall issue its decision within 60 days of receipt of the application.

(5) Whenever the lessee has submitted an insurance claim, the department shall delay payment of the claim until the action on the claim is completed.

(6) The department shall, on or before July 1 of each fiscal year, designate a portion of the recreational use account for damage reimbursement. Claims that are granted may be paid only to the extent that funds are available for damage reimbursement in the recreational use account and must be paid in the order they have been filed with the department.

History: 77-1-209 and 77-1-804, MCA; IMP, 77-1-809, MCA; NEW, 1992 MAR p. 568, Eff. 3/27/92; TRANS, 1996 MAR p. 2384.