_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT LIMITING THE TERM OF certain conservation EASEMENTS established using state funds; DEFINING "STATE FUNDS"; AMENDING SECTION 76-6-202, MCA; and PROVIDING AN IMMEDIATE EFFECTIVE DATE and AN APPLICABILITY DATE."

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

Section 1. Section 76-6-202, MCA, is amended to read:

"76-6-202. Duration of conservation easements. Conservation (1) Except as provided in subsection (2), conservation easements may be granted either in perpetuity or for a term of years. If granted for a term of years, that term may not be less than 15 years. An easement granted for a term of years may be renewed for a term of 15 or more years upon on the execution of a new granting instrument by the parties.

(2)        (a) If the establishment of a conservation easement includes state funds, the term of the easement may not exceed 40 years. The limits of this subsection (2)(a) do not apply to conservation easements that:

(i)         are less than 1,500 acres;

(ii)        are acquired using forest legacy program funds granted by the United States forest service;

(iii)       include area described as core habitat as defined by the United States fish and wildlife service; or

(iv)       are granted pursuant to Title 87, chapter 5, part 9.

(b)        Easements subject to term limits under subsection (2)(a) may be renewed for a term of up to 40 years on the execution of a new granting instrument by the parties.

(c)        For the purposes of subsection (2)(a), the term "state funds" includes federal funds transferred to the state."

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

NEW SECTION. Section 3. Applicability. [This act] applies to easements whose negotiations began on or after [the effective date of this act].