77-2-401. Sale or transfer of federal land -- when hearing required. (1) Prior to the sale or transfer of land in the state that is owned or controlled by an agency of the United States government, the director of the department shall determine whether there would be any impact on the management of state lands, on agricultural, wildlife, or recreational resources of the state, or on the cost of government services provided by the state, by any school district, or by any county, city, or other local government unit because of the sale or transfer.
     (2) If the director determines under subsection (1) that there would be an adverse impact and that a hearing or public meeting has not been or will not be conducted by a federal agency to provide an opportunity for expression of public opinion regarding the proposed sale or transfer and that further public input would be desirable, the director shall hold a public hearing prior to the sale or transfer in order to provide the opportunity for the expression of public sentiment regarding the proposed disposition of federal land.
     (3) If a hearing will be conducted by a federal agency on the proposed sale or transfer of federal land within the state, the director shall require the attendance of a representative of the department for the purposes of fulfilling the requirements of 77-2-403.
     (4) The sale or transfer of easements by an agency of the United States government and the transfer of land by the United States to the state of Montana in satisfaction of land owed to the state pursuant to The Enabling Act are exempt from the operation of this section.

     History: En. Sec. 1, Ch. 670, L. 1983; amd. Sec. 323, Ch. 418, L. 1995.