HOUSE BILL NO. 568
INTRODUCED BY J. JAYNE
A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING THAT TIMBER SOLD OR CUT FROM STATE LANDS BE CUT AND REMOVED UNDER RULES ADOPTED BY THE BOARD OF LAND COMMISSIONERS; REQUIRING THAT THE RULES PROVIDE FOR REPLANTING AFTER A TIMBER HARVEST IS CONDUCTED THAT REMOVES AT LEAST 50 PERCENT OF THE TREE CANOPY; AND AMENDING SECTION 77-5-204, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 77-5-204, MCA, is amended to read:
"77-5-204. Sale of timber -- fee for forest improvement. (1) The board may sell timber on state lands, at a price per 1,000 board feet, when appropriate, that, in the board's judgment, is in the best interest of the state, provided that live timber is not sold for less than full market value.
(2) (a) Timber sold or cut from state lands must be cut and removed under rules that may be prescribed adopted by the
board for standing timber preservation, and fire prevention, and stand regeneration. In all cases, the board shall require the
person cutting the timber to pile and burn or otherwise dispose of the brush and slash in the manner that may be prescribed
by the board.
(b) The rules adopted by the board must include but are not limited to the following:
(i) When the timber harvest results in the removal of 50% or more of the tree canopy, the department shall replant the affected area with seedlings within 2 years of the harvest date.
(ii) When the method of harvest is a clearcut, the department shall replant the affected area with seedlings within 1 year of the harvest date.
(3) Before the sale of timber is granted, the value of the timber must be appraised under the direction of the department, upon the request and subject to the approval of the board. An appraisal must show as nearly as possible the value per 1,000 board feet, when appropriate, of all merchantable timber.
(4) In addition to the price of the timber established under subsection (1), the board may require a timber purchaser to pay a fee for forest improvement. Revenue from the fee must be deposited in the state special revenue fund to the credit of the department and, as appropriated by the legislature, may be used only for:
(a) disposing of logging slash;
(b) acquiring access and maintaining roads necessary for timber harvesting on state lands;
(c) reforesting, thinning, and otherwise improving the condition and income potential of forested state lands; and
(d) complying with legal requirements for timber harvesting."
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Latest Version of HB 568 (HB0568.01)
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