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(1) The department shall commence review of a proposal to include state land within a block management agreement when the department receives from the department of fish, wildlife and parks a proposal that includes:

(a) a complete legal description of the state land affected by the proposal, with a description of the legal access status of each tract of land;

(b) a listing of all terms, conditions, and restrictions of the proposal; and

(c) a map that clearly identifies the boundaries of the proposed block management area, locations of state lands, adjoining public land, and public roads.

(2) The provisions of (3) apply to the review of a block management agreement that:

(a) would impose restrictions on recreational use that are more stringent than those contained in ARM 36.25.149; and

(b) contain state land that is:

(i) contiguous at some point to land that is not within the proposed block management area;

(ii) accessible by dedicated public road, public right-of-way, or easement;

(iii) accessible by public waters; or

(iv) accessible from contiguous federal, state, county, or municipal land that is open for public use.

(3) Before land that meets the criteria in (2) may be included in a block management agreement, the department of fish, wildlife and parks and the department must have:

(a) given public notice of the proposal in a newspaper of general circulation in the area of the proposed block management area;

(b) provided a 21-day period for written public comment following the public notice; and

(c) if, during the public comment period, a request for public hearing was received that in the department's opinion raises a significant question as to whether the proposal is in the best interests of the public or the trust, held a public hearing in the area.

(4) After close of the public comment period, the department shall review and prepare written responses to all substantive comments. The department shall send copies of those responses to each person who submitted a substantive comment.

(5) No public review is required for proposals that do not meet the criteria contained in (2) .

(6) The department shall notify the department of fish, wildlife and parks whether it will enter into the agreement. No block management agreement is effective as to state land until it is executed by the department. The department may not enter an agreement that does not meet the criteria contained in ARM 36.25.165.

History: 77-1-804, MCA; IMP, 77-1-804, MCA; NEW, 1994 MAR p. 2002, Eff. 7/22/94; TRANS, 1996 MAR p. 2384.

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