36.25.224 ADDITIONAL RESTRICTIONS - STIPULATIONS
(1) The department may place stipulations on leases, at the
time of issuance when necessary to protect the land and its resources. Written
notice of all proposed stipulations shall be given prior to sale of the lease.
(2) The department may restrict surface activity on any lease at any time when adverse or unusual weather conditions
require such restrictions to prevent accelerated erosion, fires or disruption
of seasonal wildlife use. The department shall consult with the lessee prior to
restricting surface activity and may allow limited activity or activity with
mitigating measures.
(3) The department may restrict surface
activity on any lease at any time that historical or archaeological resources
of significance, as determined by the state historical preservation office, are
discovered on the land under lease.
(4) If restrictions pursuant to (2) and (3) prevent the lessee from complying with drilling provisions or production
requirements the lease shall be extended to allow a reasonable time to comply
with such requirements. This provision shall be liberally construed to prevent
forfeiture or cancellation of the lease because of restrictions.
History: 77-3-402, MCA; IMP, 77-3-401, MCA; NEW, 1981 MAR p. 1105, Eff. 10/1/81; TRANS, 1996 MAR p. 2384.