BEFORE THE BOARD OF LAND COMMISSIONERS AND

THE DEPARTMENT OF NATURAL RESOURCES

AND CONSERVATION OF THE STATE OF MONTANA

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In the matter of the amendment of ARM 36.25.801, 36.25.804, 36.25.805, 36.25.807, 36.25.808, 36.25.810, 36.25.811, 36.25.812, 36.25.813, 36.25.815, and the repeal of ARM 36.25.806 regarding the land banking program

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NOTICE OF AMENDMENT AND REPEAL

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To: All Concerned Persons

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1. On February 14, 2008, the Department of Natural Resources and Conservation published MAR Notice No. 36-22-122 regarding a notice of public hearing on the proposed amendment and repeal of the above-stated rules at page 289 of the 2008 Montana Administrative Register, Issue No. 3.

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2. The department has amended ARM 36.25.801, 36.25.804, 36.25.805, 36.25.808, 36.25.810, 36.25.811, 36.25.812, 36.25.813, and 36.25.815 as proposed and repealed ARM 36.25.806 as proposed.

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3. The department has amended ARM 36.25.807 as proposed but with the following changes from the original proposal, matter to be stricken interlined, new matter underlined:

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36.25.807 TERMINATION OF LESSEE-INITIATED LAND BANKING SALE AFTER DEPOSIT AND PROCESSING COSTS PAID BY LESSEE

(1) remains as proposed.

(2) If the lessee cancels the sale after the department has given notice of the auction, the lessee shall pay all costs incurred by the department in preparing the sale, including but not limited to:

(2)(a) through (4) remain as proposed.

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4. No comments or testimony were received.

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DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION

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/s/ Mary Sexton������������������������������������������������� �/s/ Tommy H. Butler

MARY SEXTON�������������������������������������������������TOMMY H. BUTLER

Director��������������������������������������������������������������� Rule Reviewer

Natural Resources and Conservation

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Certified to the Secretary of State June 2, 2008.