1999 Montana Legislature

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HOUSE BILL NO. 633

INTRODUCED BY R. BITNEY, B. LAWSON, J. HARP, S. KITZENBERG, J. QUILICI, P. SLITER,

S. STANG



A BILL FOR AN ACT ENTITLED: "AN ACT PROHIBITING THE STATE DEPARTMENT OF FISH, WILDLIFE, AND PARKS FROM ISSUING AN APPROVAL OR PERMIT TO THE U.S. FOREST SERVICE FOR A PROJECT THAT INCLUDES THE OBLITERATION OF AN EXISTING FOREST SYSTEM ROAD UNTIL PROCEDURES FOR THE ISSUANCE HAVE BEEN REVIEWED; AMENDING SECTION 87-5-504, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."



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



     Section 1.  Section 87-5-504, MCA, is amended to read:

     "87-5-504.  Notice of department findings and alternative plans. Within 30 days after the receipt of such plans, the department shall notify the applicant whether or not such the construction project or hydraulic project will adversely affect any fish or game habitat. If the department notifies the applicant that such the construction will adversely affect any fish or game habitat, it shall accompany such the notice with recommendations or alternative plans which that will eliminate or diminish such the adverse effect. An approval or permit under this part may not be granted for a project that proposes the closure and obliteration of an existing U.S. forest service road UNLESS THE ENVIRONMENTAL QUALITY COUNCIL HAS REVIEWED THE PROCEDURES FOR ISSUING THOSE PERMITS."



     NEW SECTION.  Section 2.  Effective date. [This act] is effective on passage and approval.

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Latest Version of HB 633 (HB0633.02)
Processed for the Web on February 22, 1999 (1:59PM)

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