(1) When used
herein, unless a different meaning clearly appears from the context:
(a) "Board" means the board of land commissioners of the state of Montana;
(b) "Commercial quantities" means that quantity of coal which can be sold at profit in the commercial market;
(c) "Coal" means and includes black or brownish-black solid
fossil fuel which has been subjected to the natural process of coalification
and which falls within the classification of coal by rank: I, anthracite; II,
bituminous; III, sub-bituminous; IV, lignite;
(d) "Department" means department
of natural resources and conservation;
(e) "Director" means director of
the department of natural resources and conservation, chief administrative
officer of the department;
(f) "Foreign interests" means states of governmental subdivisions of states foreign to the United States,
other than Canada or Mexico; business entities organized under the laws of any
state foreign to the United States, other than Canada or Mexico; and persons
who are citizens of any state foreign to the United States, other than Canada
or Mexico;
(g) "Lessee" means the person in whose name and coal lease appears of record in the offices of the department,
whether such person be the original lessee or a subsequent assignee. The term
"lessee" also includes, where the context of the rule may indicate,
any person who is the apparent successful bidder for a coal lease but with whom
a formal coal lease agreement has not been completed and finalized;
(h) "Person" means any individual, firm, association or corporation or other legal entity;
(i) "Qualified applicant" means any person who may become a qualified lessee as set forth herein;
(j) "State" means the state of Montana;
(k) "State
lands" means all lands the leasing of which for coal purposes is under the
jurisdiction of the board;
(l) "Value" means the contract
sales price as defined in 15-35-102 MCA.