Mont. Admin. r. 36.25.158 - GENERAL RECREATIONAL USE OF STATE LANDS: DAMAGE REIMBURSEMENT
(1) As provided in
77-1-809, MCA, a lessee or a
mineral lessee may apply to the department for reimbursement of costs resulting
from repair to or replacement of the lessee's improvements, growing crops, or
livestock on state lands damaged by recreationists.
(2) The application must be submitted to the
area or unit office within 30 days of the time that the lessee discovers the
damage, must be in affidavit form, and must contain:
(a) the date of discovery of the
damage;
(b) the nature of the
damage;
(c) reasonable proof that
the loss was caused by a recreationist;
(d) documentation of repair or replacement
costs; and
(e) whether the claimant
has submitted a claim to his private insurance carrier and, if so, the status
of the claim.
(3) No
reimbursement may be paid to the extent the lessee's costs have been reimbursed
by the lessee's insurance carrier.
(4) Upon review of the application and, if
necessary, additional investigation, the department shall grant the claim in
whole or in part or deny the claim. The department shall issue its decision
within 60 days of receipt of the application.
(5) Whenever the lessee has submitted an
insurance claim, the department shall delay payment of the claim until the
action on the claim is completed.
(6) The department shall, on or before July 1
of each fiscal year, designate a portion of the trust land administration
account for damage reimbursement. Claims that are granted may be paid only to
the extent that funds are available for damage reimbursement in the trust land
administration account and must be paid in the order they have been filed with
the department.
Notes
AUTH: 77-1-209, 77-1-804, MCA; IMP: 77-1-809, MCA
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