House Bill No. 62

Introduced By grady

By Request of the Department of Natural Resources and Conservation

A Bill for an Act entitled: "An Act depositing the interest earned from fire hazard reduction bonds in the state special revenue fund to the credit of the department of natural resources and conservation; amending section

76-13-408, MCA; and providing an effective date."

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 76-13-408, MCA, is amended to read:

"76-13-408.   Fire hazard reduction agreement and bond. (1) Before cutting any forest product, constructing or reconstructing any road in contemplation of cutting any forest product, or conducting timber stand improvement, such as but not limited to thinning, weeding, or pruning, upon private lands within the state, the person conducting the work shall provide for the reduction or management of the fire hazard to be created by entering into a fire hazard reduction agreement or a master fire hazard reduction agreement with the department, providing for the full and faithful compliance with all requirements under this part and the faithful reduction or management of the fire hazard in the manner prescribed by law and by rules adopted by the board.

(2)  Either the person conducting the work or the purchaser, as provided in 76-13-409(2), shall post a bond to the state in a form and for an amount as may be prescribed by the department, but the amount may not exceed $6 for each 1,000 board feet (log scale) or the equivalent if forest products other than logs are cut. The interest earned on the bonds posted under this subsection must be deposited, along with fees deposited under 76-13-414, in the state special revenue fund to the credit of the department.

(3)  Either the person conducting the work or the purchaser, as provided in 76-13-409(2), shall pay 15 cents for each 1,000 board feet (log scale) or equivalent measure if forest products other than logs are cut. The assessment may not exceed $20,000 a year. The full amount of this money must be deposited in the forestry extension service account provided for in 76-13-415.

(4)  The agreement must provide that:

(a)  all fire hazard reduction or management work comprising nonburning methods and preparations for burning must be completed within 18 months of commencement of cutting in the area covered by the agreement; and

(b)  all burning work must be completed as specified in the agreement and in compliance with rules adopted by the board.

(5)  The bond must be released upon the issuance of the certificate of clearance."

NEW SECTION. Section 2.  Effective date. [This act] is effective July 1, 1997.

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