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36.25.133    RESERVATIONS

(1) The state reserves to itself and its representatives and authorized lessees and licensees the right to enter upon state lands for the purposes contained within the lease or license. The state also reserves the right for itself and representatives to enter upon state lands for any lawful purposes including inspections.

(2) Representatives of the Montana historical society have the right to enter any state lands at any reasonable time, upon notification to the department, to perform their duties in connection with the State Antiquities Act, Title 22, chapter 3, part 4, MCA. Any person discovering an object or site of historic, prehistoric, archeological, paleontological, scientific, architectural, or cultural interest on state land shall report such discovery to the Montana historical society and the department and take all steps necessary to preserve such site or object. Willful abuse of such sites or objects may constitute sufficient grounds for cancellation of the lease or license.

(3) The state reserves the right to sell or otherwise dispose of any interest other than that for which the lessee or licensee has leased or licensed the premises, including hunting or fishing access privileges on state land; however, the lessee or grazing licensee may post state land using blue paint to prevent trespass by unauthorized persons but may not use any other method, including orange paint, to post the land. Posting with blue paint must meet the same requirements as are imposed by 45-6-201, MCA, for posting of private land with fluorescent orange paint.

History: 77-1-209, MCA; IMP, 77-1-202, MCA; NEW, 1987 MAR p. 17, Eff. 1/16/87; AMD, 1994 MAR p. 33, Eff. 10/29/93; TRANS, 1996 MAR p. 2384.

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