Montana Code 77-1-145. Enabling Act enforcement — findings
77-1-145. Enabling Act enforcement — findings. (1) The legislature finds that:
Terms Used In Montana Code 77-1-145
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)section 13 of The Enabling Act requires that 5% of the proceeds from public lands in Montana sold by the United States, after deduction of expenses, must be paid to the state for the support of the common schools;
(b)the United States incorrectly interprets The Enabling Act provision cited in subsection (1)(a) to only include the sale of lands managed by the secretary of the interior; and
(c)the United States owes Montana 5% of the proceeds of all public land in Montana sold by the United States government since November 8, 1889.
(2)The attorney general shall pursue, to the extent feasible using available state resources, payment of the funds owed to Montana pursuant to subsection (1).
(3)Any money paid to the state pursuant to this section must be deposited in the permanent fund for the support of common schools as referenced in section 13 of The Enabling Act.