36.25.120    PASTURING AGREEMENTS

(1) A lessee or licensee who has filed and obtained approval for an annual pasturing agreement prior to entering into such agreement shall be exempt from ARM 36.25.117 if he has complied with the terms of such agreement as approved by the department.Such pasturing agreement shall allow a lessee or licensee to take in livestock belonging to another individual on state land if the lessee or licensee personally retains management and physical control of the land and livestock associated with the utilization of the lease or license.

(2) "Management" as used in these rules means (as provided in 77-6-212 , MCA) , but is not limited to:

"(a) providing all costs for improvements, land maintenance, and range renovation, if range renovation is approved by the department;

"(b) making all decisions regarding rotation or other placement of livestock on state land;

"(c) making all decisions regarding turn-in and turnout dates of the livestock on state land; and

"(d) making all decisions regarding proper range management, including placement of water, fencing, and salt."

(3) the lessee or licensee in addition to the lease or license rental rate may charge a management fee when there is an approved pasturing agreement, but may not charge a management fee which exceeds the minimum grazing rental as set forth in 77-6-506 , MCA, for a lease or license of the same type and A.U.M. capacity. In addition, the management fee may only reflect the A.U.M.'s utilized by the sublessee's livestock. All such management fees shall be based upon a per A.U.M. basis. No other basis for payment of management fees will be approved by the department.The owner of the livestock may pay for veterinarian or artificial insemination costs, and such costs shall not be considered part of the management fees. There must be a separate pasturing agreement for each sublessee. The pasturing agreement shall be on a form furnished by the department and shall state the rate charged for grazing on an A.U.M. basis and the amount of the management fee if any.The agreement must be signed by the lessee or licensee and sublessee, and be notarized and approved by the department. The department may charge a filing fee for such agreement. Failure to obtain an approved pasturing agreement may result in cancellation of the lease under ARM 36.25.121.

(4) A pasturing agreement will not be approved if the lessee or licensee employs hired help that have retained a personal interest in more than 1/3 of the livestock being grazed on the state land. Such an arrangement shall be considered a sublease.

(5) All pasturing agreements must have a term within March 1 and February 28 (or 29 on leap year) of the following year. Pasturing agreements may last any duration less than one year, but may not last more than one year. Each lease or license must have a separate pasturing agreement.

History: 77-1-209, MCA; IMP, 77-6-208 and 77-6-212, MCA; NEW, 1987 MAR p. 17, Eff. 1/16/87; AMD, 1988 MAR p. 73, Eff. 1/15/88; TRANS, 1996 MAR p. 2384.