77-1-109. Deposits of proceeds in trust land administration account. (1) The amount of money that is deposited into the trust land administration account established in 77-1-108 may not exceed an amount equal to 25% of distributable revenue generated in the fiscal year completed prior to the legislative session that will appropriate money for the next biennium. This excludes revenue generated by the forest improvement fee provided for in 77-5-204.
     (2) (a) Subject to subsection (1), the department shall deposit into the trust land administration account the following:
     (i) distributable revenue;
     (ii) the proceeds or income from the sale of easements and timber, except timber from public school and Montana university system lands;
     (iii) mineral royalties; and
     (iv) fees collected pursuant to 77-2-328.
     (b) As deposits are made, they must be identified and accounted for by trust.
     (c) The department may not make deductions from interest or income generated from lands granted to the state pursuant to the Morrill Act of 1862, 7 U.S.C. 301 through 308, and the Morrill Act of 1890, 7 U.S.C. 321 through 329.
     (3) After the deposits in subsection (2) have been made, the remainder of the proceeds, other than proceeds from timber from Montana university system lands and other than those purchased pursuant to 17-6-340, must be deposited in accordance with 17-3-1003, 18-2-107, and 20-9-341(2). Timber proceeds from university system lands must be paid over to the state treasurer, who shall deposit the money to the credit of the proper fund for use as provided in 17-3-1003. Royalty payments purchased pursuant to 17-6-340 must be used as provided in that section and 20-9-622.

     History: En. Sec. 2, Ch. 122, L. 1999; amd. Sec. 30, Ch. 34, L. 2001; amd. Sec. 1, Ch. 420, L. 2001; amd. Sec. 2, Ch. 291, L. 2003; amd. Sec. 4, Ch. 355, L. 2003; amd. Sec. 5, Ch. 247, L. 2007; amd. Sec. 9, Ch. 465, L. 2009.