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(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.

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