House Bill No. 236

Introduced By raney, kitzenberg, mccann, mesaros, beck, grinde, ryan



A Bill for an Act entitled: "An Act revising the mission of the department of fish, wildlife, and parks to clarify that maintenance of present state parks and fishing access sites has priority over improvement and development of those parks and sites; defining "maintenance"; requiring that CERTAIN expenditures for improvement and development of state parks and fishing access sites be approved by the legislature; and amending sections 23-1-110, 23-2-101, 23-2-103, 87-1-209, and 87-1-605, MCA."



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



Section 1.  Section 23-1-110, MCA, is amended to read:

"23-1-110.   Improvement or development of state park or fishing access site -- required public involvement -- rules -- maintenance priority -- legislative approval required. (1) The fish, wildlife, and parks commission shall adopt rules establishing a policy whereby any proposed improvement or development of a state park or fishing access site that significantly changes park or fishing access site features or use patterns is subject to notice of proposed modifications, both statewide and locally, and to opportunity for a public meeting and public comment on the advisability and acceptability of the proposal.

(2)  The department shall prepare a public report regarding any project that is subject to the provisions of subsection (1). The report must be submitted to the legislature for consideration and funding approval and must include conclusions relating to the following aspects of the proposal:

(a)  the desires of the public as expressed to the department;

(b)  the capacity of the park or fishing access site for development;

(c)  environmental impacts associated with the improvement or development;

(d)  the long-range maintenance of the improvements;

(e)  the protection of natural, cultural, and historical park or fishing access site features;

(f)  potential impacts on tourism; and

(g)  site-specific modifications as they relate to the park or fishing access site system as a whole.

(3) (a) Priority EXCEPT WITH REGARD TO ACTIVITIES DIRECTLY RELATED TO THE HISTORIC PRESERVATION AND PROTECTION OF STATE PARKS, PRIORITY regarding state parks and fishing access sites is to be on maintenance of existing facilities rather than on improvement or development. As used in this section, "maintenance" means:

(i) placing, cleaning, and stocking of latrines;

(ii) garbage and litter cleanup;

(iii) fencing repairs FENCE INSTALLATION AND REPAIR;

(iv) weed control;

(v) implementation of safety and health measures required by law to protect the public;

(vi) upkeep of established trails, roads, and boat docks, AND OTHER EXISTING FACILITIES;

(vii) in-kind replacement of existing facilities with facilities of the same size and in the same location;

(viii) erosion control;

(ix) streambank stabilization;

(x) erection of barriers necessary to preserve riparian vegetation and habitat;

(xi) minimal signage necessary to inform users of appropriate park or site use and applicable regulations; and

(xii) measures necessary to ensure compliance with the federal Americans With Disabilities Act of 1990, when applicable;

(XIII) PLANTING OF NATIVE TREES, GRASSES, AND SHRUBS;

(XIV) INSTALLATION OF FIRE RINGS, PICNIC TABLES, AND TRASH COLLECTION FACILITIES; AND

(XV) OTHER NECESSARY ACTIVITIES AND EXPENDITURES CONSISTENT WITH THE INTENT OF THIS SUBSECTION (3)(A).

(b) Funds (I) EXCEPT AS PROVIDED IN SUBSECTION (3)(B)(II), FUNDS for the improvement or development of a state park or fishing access site pursuant to subsection (1) may not be expended without express approval of the legislature, after consideration of the report required under subsection (2).

(II) UP TO $10,000 MAY BE EXPENDED IN A BIENNIUM FOR IMPROVEMENT OR DEVELOPMENT OF ANY STATE PARK OR FISHING ACCESS SITE WITHOUT LEGISLATIVE APPROVAL, PROVIDED THE NOTICE PROVISIONS OF SUBSECTION (1) ARE MET."



Section 2.  Section 23-2-101, MCA, is amended to read:

"23-2-101.   Legislative findings -- purpose. Montana is uniquely endowed with scenic landscapes and areas rich in recreational value. This outdoor heritage enriches the lives of citizens, attracts new residents and businesses to the state, and is of major significance to the expanding tourist industry. It is the purpose of this part to give authority to the department of fish, wildlife, and parks to plan and develop outdoor recreational resources in the state, subject to the provisions of 23-1-110(3), which authority shall permit permits receiving and expending funds, including federal grants for this purpose."



Section 3.  Section 23-2-103, MCA, is amended to read:

"23-2-103.   Compliance with federal act authorized -- powers of department. The department of fish, wildlife, and parks shall do those things necessary to comply with the provisions of the Land and Water Conservation Fund Act of 1965. Among other things, the department of fish, wildlife, and parks may:

(1)  prepare a comprehensive statewide outdoor recreational plan which shall that must contain an evaluation of the demand for and supply of outdoor recreational resources and facilities in Montana and a program for implementation of the plan;

(2)  accept and administer moneys money paid by the secretary of the interior for approved projects;

(3)  contract with other state agencies, cities, counties, and other political subdivisions of the state, private organizations, and agencies of the federal government;

(4)  acquire, other than by eminent domain, and develop, subject to the provisions of 23-1-110(3), outdoor recreational areas and facilities and land and waters and interests in land and waters for such those areas and facilities;

(5)  for the purpose of implementing the Land and Water Conservation Fund Act of 1965, coordinate its activities with and represent the interests of all agencies of state, city, county, and other governmental units with outdoor recreational responsibilities."



Section 4.  Section 87-1-209, MCA, is amended to read:

"87-1-209.   Acquisition and sale of lands or waters. (1) The department, with the consent of the commission and, in the case of land acquisition involving more than 100 acres or $100,000 in value, the approval of the board of land commissioners, may acquire by purchase, lease, agreement, gift, or devise and may acquire easements upon lands or waters for the purposes listed in this subsection. The department may develop, operate, and maintain acquired lands or waters:

(a)  for fish hatcheries, nursery ponds, or game farms;

(b)  as lands or water suitable for game, bird, fish, or fur-bearing animal restoration, propagation, or protection;

(c)  for public hunting, fishing, or trapping areas and for fishing access sites, subject to the provisions of 23-1-110(3);

(d)  to capture, propagate, transport, buy, sell, or exchange any game, birds, fish, fish eggs, or fur-bearing animals needed for propagation or stocking purposes or to exercise control measures of undesirable species;

(e)  for state parks, subject to the provisions of 23-1-110(3), and for outdoor recreation;

(f)  to extend and consolidate by exchange, lands or waters suitable for these purposes.

(2)  The department, with the consent of the commission, may acquire by condemnation lands or structures for the preservation of historical or archaeological sites that are threatened with destruction or alteration.

(3)  (a) The department, with the consent of the commission, may dispose of lands and waters acquired by it on those terms after public notice as required by subsection (3)(b), without regard to other laws that provide for sale or disposal of state lands and with or without reservation, as it considers necessary and advisable.

(b)  Notice of sale describing the lands or waters to be disposed of must be published once a week for 3 successive weeks in a newspaper with general circulation printed and published in the county where the lands or waters are situated or, if no newspaper is published in that county, then in any newspaper with general circulation in that county.

(c)  The notice must advertise for cash bids to be presented to the director within 60 days from the date of the first publication. Each bid must be accompanied by a cashier's check or cash deposit in an amount equal to 10% of the amount bid. The highest bid must be accepted upon payment of the balance due within 10 days after mailing notice by certified mail to the highest bidder. If that bidder defaults on payment of the balance due, then the next highest bidders must be similarly notified in succession until a sale is completed. Deposits must be returned to the unsuccessful bidders except bidders defaulting after notification.

(d)  The department shall reserve the right to reject any bids that do not equal or exceed the full market value of the lands and waters as determined by the department. If the department does not receive a bid that equals or exceeds fair market value, it may then sell the lands or waters at private sale. The price accepted on any private sale must exceed the highest bid rejected in the bid process. The department shall convey the lands and waters without covenants of warranty by deed executed by the governor or in the governor's absence or disability by the lieutenant governor, attested by the secretary of state and further countersigned by the director.

(4)  The department, with the consent of the commission, is authorized to utilize the installment contract method to facilitate the acquisition of wildlife management areas in which game and nongame fur-bearing animals and game and nongame birds may breed and replenish and areas that provide access to fishing sites for the public. In no case may the The total cost of such the installment contracts may not exceed the cost of purchases authorized by the department and appropriated by the legislature.

(5)  The department is authorized to enter into leases of land under its control in exchange for services to be provided by the lessee on the leased land."



Section 5.  Section 87-1-605, MCA, is amended to read:

"87-1-605.   (Temporary) Fees used to purchase recreational facilities. (1) One dollar of the fee for a Class A resident fishing license, $1 of the fee for a Class B-4 nonresident fishing license, and $5 of the fee for a Class B nonresident fishing license must be used for:

(a) the purchase, operation, development, and maintenance of fishing accesses, subject to the provisions of 23-1-110;

(b) stream, river, and lake frontages; and

(c) the land considered necessary to provide recreational use of fishing accesses and stream, river, and lake frontages.

(2)  The amount of funds used for operation and maintenance must equal at least 50% of the money set aside each year under this section and must be expended as provided in subsection (3). The funds raised under this section may not be used in lieu of any funds or sources of funds currently being used for acquisition or purchase of fishing accesses or stream, river, or lake frontages and the land considered necessary to provide recreational use of fishing accesses and stream, river, and lake frontages but are in addition to those funds. The funds used for operation and maintenance may be used only for these purposes on lands acquired with funds under this section after April 30, 1974.

(3)  Operation and maintenance money set aside each year under this section must be expended based on the following priority:

(a)  weed management;

(b)  streambank restoration; and

(c)  general operation and for maintenance activities defined in 23-1-110(3)(a). (Terminates July 1, 1999--sec. 4, Ch. 428, L. 1995.)

87-1-605.   (Effective July 1, 1999) Fees used to purchase recreational facilities. (1) One dollar of the fee for a Class A resident fishing license, $1 of the fee for a Class B-4 nonresident fishing license, and $5 of the fee for a Class B nonresident fishing license must be used for:

(a) the purchase, operation, development, and maintenance of fishing accesses, subject to the provisions of 23-1-110;

(b) stream, river, and lake frontages; and

(c) the land considered necessary to provide recreational use of fishing accesses and stream, river, and lake frontages.

(2)  The amount of funds used for operation, development, and maintenance may not exceed 25% of the money set aside each year under this section. The funds raised under this section may not be used in lieu of any funds or sources of funds currently being used for acquisition or purchase of fishing accesses or stream, river, or lake frontages and the land considered necessary to provide recreational use of fishing accesses and stream, river, and lake frontages but are in addition to those funds. The funds used for operation, development, and maintenance may be used only for these purposes on lands acquired with funds under this section after April 30, 1974, and must be expended for maintenance activities defined in 23-1-110(3)(a) or for improvement or development subject to legislative approval pursuant to 23-1-110(3)(b)."

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