HOUSE BILL NO. 499

INTRODUCED BY H. HARPER

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING THE LAWS RELATED TO OFF-HIGHWAY VEHICLES; REQUIRING THAT WEED CONTROL AND TRESPASS PROBLEMS BE ADDRESSED AS AN ELEMENT OF THE STATE OFF-HIGHWAY VEHICLE TRAIL GRANT PROGRAM AND THE NATIONAL RECREATION TRAIL GRANT PROGRAM; REQUIRING DEVELOPMENT BY THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS OF A WEED CONTROL PLAN AND A TRESPASS CONTROL PLAN FOR OFF-HIGHWAY VEHICLE TRAILS AND NATIONAL RECREATION TRAILS AND COORDINATION OF THE PLANS WITH THE DEPARTMENT OF AGRICULTURE AND COUNTY WEED BOARDS; PROVIDING THAT GRANTS FOR OFF-HIGHWAY VEHICLE TRAILS AND NATIONAL RECREATION TRAILS MAY NOT BE IMPLEMENTED UNTIL THE REQUISITE WEED CONTROL AND TRESPASS CONTROL PLANS ARE IN PLACE; CLARIFYING THE REQUIRED COMPONENTS OF WEED CONTROL AND TRESPASS CONTROL PLANS; REQUIRING RECORDKEEPING; REQUIRING A REPORT TO THE 57TH LEGISLATURE; AND PROVIDING FOR RESTITUTION TO LANDOWNERS WHOSE PROPERTY IS DAMAGED BY OFF-HIGHWAY VEHICLES."

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

NEW SECTION. Section 1. Comprehensive weed control and trespass control plans required -- grant funding contingent on weed control and trespass control plans -- components of plan. (1) A comprehensive plan for state and local control of noxious weeds and a plan for trespass control is required to be in place prior to the allocation of funding:

(a) from the account created in 23-2-804(3) for any grant for development of trails for off-highway vehicle recreation use pursuant to 23-2-804(3)(b); and

(b) for any grant for development of a national recreational trail with funds allocated to the department of fish, wildlife, and parks pursuant to 16 U.S.C. 1241, et seq.

(2) The department of fish, wildlife, and parks shall develop a weed control plan and a trespass control plan for the state off-highway vehicle trail grant program and the national recreation trail grant program. The plans must be in a form that addresses weed control measures and trespass control measures on department-owned lands and other lands that are likely to be affected by the department's actions under the state off-highway vehicle trail grant program and the national recreation trail grant program. The plan must include provisions for monitoring, enforcement, and prevention of off-highway vehicle trespass onto private property or public lands closed to motor vehicles.

(3) Each off-highway vehicle trail grant application and national recreation trail grant application must contain site-specific documentation of off-highway vehicle routes or projects conducted in accordance with the Montana Environmental Policy Act and with advance public notice and involvement in the decisionmaking process. The application must also contain an explanation of how the applicant intends to address the control of noxious weeds and trespass problems, including:

(a) existing noxious weed infestations in or adjacent to the grant area;

(b) existing trespass problems in or adjacent to the grant area;

(c) identification of current noxious weed control efforts in the grant area and an estimate of costs necessary to implement the plan;

(d) a long-range plan for the control of noxious weeds in the grant area and an estimate of costs necessary to implement the plan;

(e) a long-range plan for the control of trespass problems in the grant area and an estimate of costs necessary to implement the plan;

(f) the nature of weed control efforts that will be applied in the grant area, which may include chemical control, biological control, and mechanical or hand-pulling techniques;

(g) the nature of trespass control that will be applied in the grant area; and

(h) a mechanism for keeping records of noxious weed control activities, trespass control activities, and expenditures made in weed and trespass control efforts and tracking results of weed and trespass control efforts, including a record of complaints, new weed infestations, erosion, crop damage, or property damage subsequent to the issuance of the grant.

NEW SECTION. Section 2. Coordination of weed control and erosion control measures between agencies -- categorical exemption of grant prohibited. (1) The department of fish, wildlife, and parks shall coordinate noxious weed control plans under [section 1] with the department of agriculture and affected county weed boards to ensure compatibility of all weed control efforts and to avoid duplication of services.

(2) The department of fish, wildlife, and parks shall coordinate trespass control plans under [section 1] with local law enforcement agencies.

(3) A state off-highway vehicle trail grant or a national recreation trail grant may not be categorically or otherwise exempted from the requirements of [section 1].

NEW SECTION. Section 3. Report to legislature. The department of fish, wildlife, and parks shall report to the 57th legislature regarding:

(1) adoption and implementation of noxious weed control and trespass control plans pursuant to [section 1]; and

(2) the success and future needs of noxious weed control and trespass control under the state off-highway vehicle trail grant program and the national recreation trail grant program.

NEW SECTION. Section 4. Damage to private property. (1) An off-highway vehicle operator is responsible for any damage resulting from the operation of an off-highway vehicle on private property without the permission of the landowner. This includes damage to crops, damage from erosion, and damage from weed infestation. A person who violates this section commits the offense of criminal mischief and is subject to the provisions of 45-6-101.

(2) If the violator cannot be identified by the landowner or law enforcement personnel, the department of fish, wildlife, and parks shall pay restitution to the landowner from the account created in 23-2-804(3).

NEW SECTION. Section 5. Codification instruction. [Sections 1, 2, and 4] are intended to be codified as an integral part of Title 23, chapter 2, part 8, and the provisions of Title 23, chapter 2, part 8, apply to [sections 1, 2, and 4].

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