AN ACT PROVIDING FOR A TIMBER CONSERVATION LICENSE IN LIEU OF THE SALE OF TIMBER ON STATE TRUST LANDS AND ESTABLISHING A BID PROCESS FOR CONSERVATION LICENSES; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Timber conservation license in lieu of sale. (1) Under the direction of the board, the department may offer and provide a timber conservation license in lieu of the sale and harvesting of the timber to any person under all of the following conditions:

(a) During the environmental review process required by Title 75, chapter 1, for a proposed timber sale, an interested person shall provide to the department a written request that the department defer the sale or a specific portion of the sale and that a timber conservation license for the sale or portion of the sale be authorized.

(b) Upon receipt of a written request, the department shall prepare and recommend the timber sale for consideration by the board, using the alternatives of the sale with and the sale without a timber conservation license provision.

(c) The department shall solicit bids simultaneously for each alternative authorized by this section to ensure that the full, fair market value is secured for the beneficiaries.

(d) The successful purchaser of a timber conservation license is required to furnish a bond, as required by 77-5-202, to ensure the terms of the contract for a timber conservation license.

(e) The successful purchaser of a timber conservation license is required to pay the fees for forest improvement, as required by 77-5-204, that are included in the terms of the sale bid and applicable to the issuance of a timber conservation license.

(2) If a request for the timber sale analysis and authorization of a timber conservation license is not submitted to the department prior to the completion of the environmental review process for the sale, as required by Title 75, chapter 1, a timber conservation license may not be authorized.

Section 2. Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before [the effective date of this act].

Section 3. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 77, chapter 5, part 2, and the provisions of Title 77, chapter 5, part 2, apply to [section 1].

Section 4. Effective date. [This act] is effective on passage and approval.

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I hereby certify that the within bill,

HB 0485, originated in the House.

Chief Clerk of the House

Speaker of the House

Signed this	day

of	, .

President of the Senate

Signed this	day

of	, .

HOUSE BILL NO. 485

INTRODUCED BY S. ANDERSON, A. CURTISS, A. ELLIS, G. MASOLO, D. MOOD, R. SOMERVILLE,

B. TASH

AN ACT PROVIDING FOR A TIMBER CONSERVATION LICENSE IN LIEU OF THE SALE OF TIMBER ON STATE TRUST LANDS AND ESTABLISHING A BID PROCESS FOR CONSERVATION LICENSES; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.