# Mont. Code Ann. § 20-9-310: 20-9-310 Oil and natural gas production taxes for school districts -- allocation and limits > Montana · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T20_C9_P3_S20-9-310 ## Section - **Citation:** Mont. Code Ann. § 20-9-310 - **Heading:** 20-9-310 Oil and natural gas production taxes for school districts -- allocation and limits - **Jurisdiction:** Montana - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** MT Code / Title 20 / Chapter 9 / Part 3 / Section 20-9-310 ## Text 20-9-310 . (Temporary) Oil and natural gas production taxes for school districts -- allocation and limits. (1) Except as provided in subsection (5), the maximum amount of oil and natural gas production taxes that a school district may retain is 130% of the school district's maximum budget, determined in accordance with 20-9-308 . (2) Upon receipt of school district budget reports required under 20-9-134 , the superintendent of public instruction shall provide the department of revenue with a list reporting the maximum general fund budget for each school district. (3) Except as provided by 15-36-332 (9), the department of revenue shall make the full quarterly distribution of oil and natural gas production taxes as required under 15-36-332 (6) until the amount distributed reaches the limitation in subsection (1) of this section. The department of revenue shall deposit any amount exceeding the limitation in subsection (1) in the guarantee account provided for in 20-9-622 . (4) (a) Subject to the limitation in subsection (1) and the conditions in subsection (4)(b), the trustees shall budget and allocate the oil and natural gas production taxes anticipated by the district in any budgeted fund at the discretion of the trustees. Oil and natural gas production taxes allocated to the district general fund may be applied to the BASE or over-BASE portions of the general fund budget at the discretion of the trustees. (b) Except as provided in subsection (4)(c), if the trustees apply an amount less than 12.5% of the total oil and natural gas production taxes received by the district in the prior school fiscal year to the district's general fund BASE budget for the upcoming school fiscal year, then: (i) the trustees shall levy the number of mills required to raise an amount equal to the difference between 12.5% of the oil and natural gas production taxes received by the district in the prior school fiscal year and the amount of oil and natural gas production taxes the trustees budget in the district's general fund BASE budget for the upcoming school fiscal year; (ii) the mills levied under subsection (4)(b)(i) are not eligible for the guaranteed tax base subsidy under the provisions of 20-9-366 through 20-9-369 ; and (iii) the general fund BASE budget levy requirement calculated in 20-9-141 must be calculated as though the trustees budgeted 12.5% of the oil and natural gas production taxes received by the district in the prior year and the number of mills calculated in subsection (4)(b)(i) must be added to the number of mills calculated in 20-9-141 (2). (c) The provisions of subsection (4)(b) do not apply to the following: (i) a district that has a maximum general fund budget of less than $1 million; (ii) a district whose oil and natural gas revenue combined with its adopted general fund budget totals 105% or less of its maximum general fund budget; (iii) a district that has a maximum general fund budget of $1 million or more and was eligible for a significant enrollment increase payment pursuant to 20-9-166 in the fiscal year immediately preceding the fiscal year to which the provisions of this subsection (4) would otherwise apply; or (iv) a district that has issued outstanding oil and natural gas revenue bonds. Funds received pursuant to this section must first be applied by the district to payment of debt service obligations for oil and natural gas revenue bonds for the next 12-month period. 9-166 in the fiscal year immediately preceding the fiscal year to which the provisions of this subsection (4) would otherwise apply; or (iv) a district that has issued outstanding oil and natural gas revenue bonds. Funds received pursuant to this section must first be applied by the district to payment of debt service obligations for oil and natural gas revenue bonds for the next 12-month period. (5) (a) The limit on oil and natural gas production taxes that a school district may retain under subsection (1) must be increased for any school district that was eligible for a significant enrollment increase payment pursuant to 20-9-166 . The increase in the limit on oil and natural gas production taxes that a school district may retain under subsection (1) applies in the fiscal year immediately following the fiscal year in which the district was eligible and must be calculated by multiplying $45,000 times each additional ANB used to calculate the significant enrollment increase payment pursuant to 20-9-166 , including the absorption factor reduction. (b) For a district in nonoperating status under 20-9-505 , the maximum amount of oil and natural gas production taxes that a school district may retain is 130% of the school district's maximum budget in the district's most recent operating year, determined in accordance with 20-9-308 . (6) In any year in which the actual oil and natural gas production taxes received by a school district are less than 50% of the total oil and natural gas production taxes received by the district in the prior year, the district may transfer money from any budgeted fund to its general fund in an amount not to exceed the amount of the shortfall. ## Nearby sections - [Mont. Code Ann. § 20-9-302 20-9-302 School isolation](https://www.frixlaw.com/law-library/statutes/STATE_MT_T20_C9_P3_S20-9-302.md) - [Mont. Code Ann. § 20-9-303 20-9-303 Nonisolated school BASE budget funding -- special education funds](https://www.frixlaw.com/law-library/statutes/STATE_MT_T20_C9_P3_S20-9-303.md) - [Mont. Code Ann. § 20-9-305 20-9-305 Proration and calculation of BASE funding program for joint district](https://www.frixlaw.com/law-library/statutes/STATE_MT_T20_C9_P3_S20-9-305.md) - [Mont. Code Ann. § 20-9-306 20-9-306 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T20_C9_P3_S20-9-306.md) - [Mont. Code Ann. § 20-9-308 20-9-308 BASE budgets and general fund budget limits](https://www.frixlaw.com/law-library/statutes/STATE_MT_T20_C9_P3_S20-9-308.md) - [Mont. Code Ann. § 20-9-309 20-9-309 Basic system of free quality public elementary and secondary schools defined -- identifying educationally relevant factors -- establishment of funding formula and budgetary structure -- legislative review](https://www.frixlaw.com/law-library/statutes/STATE_MT_T20_C9_P3_S20-9-309.md) - [Mont. Code Ann. § 20-9-310 20-9-310 Oil and natural gas production taxes for school districts -- allocation and limits](https://www.frixlaw.com/law-library/statutes/STATE_MT_T20_C9_P3_S20-9-310.md) - [Mont. Code Ann. § 20-9-311 20-9-311 Calculation of ANB -- 3-year averaging](https://www.frixlaw.com/law-library/statutes/STATE_MT_T20_C9_P3_S20-9-311.md) - [Mont. Code Ann. § 20-9-313 20-9-313 Circumstances under which regular ANB may be increased](https://www.frixlaw.com/law-library/statutes/STATE_MT_T20_C9_P3_S20-9-313.md) - [Mont. Code Ann. § 20-9-321 20-9-321 Allowable cost payment for special education](https://www.frixlaw.com/law-library/statutes/STATE_MT_T20_C9_P3_S20-9-321.md) - [Mont. Code Ann. § 20-9-324 20-9-324 Incentives for educational entities meeting legislative goal for competitive base pay of teachers -- definitions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T20_C9_P3_S20-9-324.md) - [Mont. Code Ann. § 20-9-325 20-9-325 Data-for-achievement payment](https://www.frixlaw.com/law-library/statutes/STATE_MT_T20_C9_P3_S20-9-325.md) - [Mont. Code Ann. § 20-9-326 20-9-326 Annual inflation-related adjustments to basic entitlements and per-ANB entitlements -- reporting](https://www.frixlaw.com/law-library/statutes/STATE_MT_T20_C9_P3_S20-9-326.md) - [Mont. Code Ann. § 20-9-327 20-9-327 Quality educator and qualified staff payment](https://www.frixlaw.com/law-library/statutes/STATE_MT_T20_C9_P3_S20-9-327.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T20_C9_P3_S20-9-310. Check the current official text before relying on it. Not legal advice.