Title 76, Title 76

(1) The onsite consultation provided for in 76-13-421 is intended only for the purpose of providing information to owners and operators and does not confer upon the department or any other agency of state or local government authority to compel an owner or operator to undertake o…

(1) Except as provided in subsection (2), the department may require only one notification for each timber sale, even though multiple forest practices may be conducted. (2) If an operator modifies the operator's proposed forest practices in a manner that substantially alters the …

Nothing in 76-13-420 through 76-13-424 precludes an operator from undertaking any forest practice in an emergency to prevent watershed damage or the loss of timber resources.

(1) A person may not transport on the ways of this state more than five coniferous trees without having possession of a bill of sale showing ownership of the trees. The bill of sale shall specify: (a) the date of its execution; (b) the name and address of the vendor or donor of t…

(1) The legislature finds that the sustainable management of public forests in Montana is vital to conserving the state's natural resources and their economic and ecological potential for the benefit of all Montanans. (2) The legislature finds that public forests in Montana shoul…

To implement the policy of 76-13-701, the department of natural resources and conservation: (1) shall support sustainable forest management practices, including forest restoration, on public forests in Montana consistent with all applicable laws and administrative requirements; (…

This part may be cited as the "Prescribed Fire Manager Certification and Liability Act".

The purposes of this part are to establish a prescribed fire manager certification program and to establish a contingent liability standard.

For the purposes of this part, the following definitions apply: (1) "Certified prescribed fire manager" means a person who has successfully completed a prescribed fire manager certification program approved by the department and who is in good standing with the department. (2) "D…

(1) The department may create a prescribed fire manager certification program. The program must include training on all relevant aspects of prescribed fire in the state, including but not limited to the following: (a) applicable laws and rules; (b) safety planning and management;…

(Effective on occurrence of contingency) Liability. A certified prescribed fire manager or a landowner or landowner's agent using a certified prescribed fire manager who conducts a prescribed fire in compliance with this part and the rules adopted by the department is not liable …

(1) This part may not be construed as requiring certification as a prescribed fire manager to conduct burning operations on one's own property or on the property of another person with the person's permission if the person complies with applicable laws and rules related to prescr…

(1) There is a prescribed fire manager certification claims special revenue account within the state special revenue fund established in 17-2-102. (2) There must be deposited in the account money received by the department in the form of grants, gifts, transfers, bequests, donati…

(1) The department shall conduct a study for the development of a prescribed fire claims fund. (2) The study must examine: (a) the use of the fund to support coverage for property damage from an escaped prescribed fire conducted by a certified prescribed fire manager; and (b) eco…

This part shall be known as the "Montana Rangeland Resources Act".

The purpose of this part is to establish a program of rangeland management whereby: (1) the importance of Montana's rangeland with respect to livestock, forage, wildlife habitat, high-quality water production, pollution control, erosion control, recreation, and the natural beauty…

As used in this part, the following definitions apply: (1) "Committee" means the Montana rangeland resources committee selected as provided in 2-15-3305(2). (2) "Department" means the department of natural resources and conservation. (3) "Montana rangeland resource program" means…

The term "rangeland" includes lands revegetated naturally or artificially to provide a forage cover that is managed like native vegetation. Rangelands include natural grasslands, savannahs, shrublands, most deserts, tundra, alpine communities, coastal marshes, and wet meadows.

The state coordinator shall: (1) serve as an advisor, counselor, and coordinator for and between persons and agencies involved in range management; (2) strive to create understanding and compatibility between the many users of rangeland, including hunters, anglers, recreationists…

(1) The committee shall: (a) review and recommend annual and long-range work programs; (b) suggest priorities of work; (c) provide advice and counsel to the coordinator for carrying out the rangeland resource program. (2) The committee may consult with state and federal agencies …

The department may make rangeland improvement loans for rangeland development and improvement, including but not limited to stock water development, cross fencing, establishment of grazing systems, reseeding, mechanical renovation, sagebrush management, and weed control.

(1) There is created a rangeland improvement loan special revenue account within the state special revenue fund established in 17-2-102. (2) There must be allocated to the rangeland improvement loan earmarked account any principal and accrued interest received in repayment of a l…

(1) Any person may apply for a loan to finance rangeland improvements to be constructed, developed, and operated in Montana who: (a) is a resident of Montana; (b) is engaged in farming or ranching; and (c) possesses the necessary expertise to make a rangeland loan practical. (2) …

The following criteria must be considered in selecting loan recipients: (1) Loan applications must be ranked according to the following priorities: (a) Range improvement or development projects undertaken on native rangeland, resulting in the improvement of native range condition…

(1) Conservation district supervisors shall initially review loan applications for feasibility and prioritize applications for referral to the department. (2) The department shall organize and review applications for clarity and completeness prior to committee review. (3) The com…

The department shall adopt rules: (1) prescribing the form and content of applications for loans and the required conservation plan; (2) governing the application of the criteria for awarding loans and the procedure for the review of applications by conservation district supervis…

A conservation district is authorized to make contracts necessary to implement the applicable powers granted by this chapter and to provide for the manner of executing contracts.

A conservation district shall comply with state procurement laws when expending state-funded grants and loans.

For contracts for the purchase of vehicles, machinery, equipment, materials, or supplies or for construction, repair, restoration, or maintenance under this chapter in excess of the limit provided in 7-5-2301, supervisors shall comply with the provisions of 76-15-1006 and award a…

(1) The advertisement for requests for bids, proposals, or qualifications must: (a) set forth the evaluation criteria to be used; and (b) be published in a newspaper of general circulation that includes the conservation district. (2) A second publication may not be made less than…

It is declared, as a matter of legislative determination: (1) that the farm and grazing lands of the state of Montana are among the basic assets of the state and that the preservation of these lands is necessary to protect and promote the health, safety, and general welfare of it…

(1) When immediate delivery of supplies, equipment, or services is required in an emergency, including but not limited to fire, flood, explosion, storm, earthquake, riot, or insurrection, the provisions of 76-15-1005 and 76-15-1006 do not apply if: (a) the supervisors act, by maj…

(1) Except as provided in 76-15-1011, prior to the issuance of a contract it must be determined that the contract meets the selection criteria for proposals and bidding as described in 18-4-303 and 18-4-304. (2) A contract may not be made for a period of more than 7 years. (3) A …

Contracts may not be divided or projects split to circumvent the provisions of this part.

A conservation district may, in cooperation with one or more other conservation districts, conduct cooperative purchasing as defined in 18-4-401 for the procurement of supplies or services.

Contracts for architectural, engineering, and land surveying services as defined in 18-8-202 must comply with the state public procurement requirements of Title 18, chapter 8, part 2.

It is hereby declared to be the policy of the legislature to provide for the conservation of soil and soil resources of this state, for the control and prevention of soil erosion, for the prevention of floodwater and sediment damages, and for furthering the conservation, developm…

Unless the context requires otherwise, in this chapter, the following definitions apply: (1) "Agency of this state" includes the government of this state and any subdivision, agency, or instrumentality, corporate or otherwise, of the government of this state. (2) "Department" mea…

At any hearing held pursuant to the notice, at the time and place designated in the notice, adjournment may be made from time to time without the necessity of renewing the notice for the adjourned dates.

In addition to the duties hereinafter conferred upon the department, it shall: (1) offer assistance as may be appropriate to the supervisors of conservation districts in the carrying out of their powers and programs; (2) keep the supervisors of each of the several districts infor…

There is a conservation district account in the state special revenue fund established by 17-2-102 to be administered by the department of natural resources and conservation for providing funding for conservation districts.

The department is exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when authorizing grants, loans, or bonds related to conservation, reclamation, and renewable resource activities pursuant to this part.

(1) There is a conservation district fund administered by the department of administration. Pursuant to 17-5-703, a percentage of coal severance taxes received by the state must be deposited into this fund. Earnings not transferred to the conservation district account as provided…

(1) Any 10% of the qualified electors within the limits of the territory proposed to be organized into a district may file a petition with the department asking that the department approve the organization of a conservation district to function in the territory described in the p…

(1) Within 30 days after a petition has been filed with the department, it shall cause due notice to be given of a proposed hearing before the department upon the question of the desirability and necessity in the interest of the public health, safety, and welfare of the creation …

If it appears to the department after reviewing the record of the hearing that it may be desirable to include within the proposed district territory outside of the area within which due notice of the hearing has been given, the department shall adjourn the hearing and shall cause…