Montana Code 76-13-409. Duty of purchaser to ensure compliance — statement — bond
76-13-409. Duty of purchaser to ensure compliance — statement — bond. (1) The initial purchaser of forest products that have been cut or are about to be cut from any private forest lands within the state shall, before making the purchase or contract to purchase, determine that the person engaged or about to engage in the cutting of these forest products has provided for the reduction or management of the fire hazard by entering into a fire hazard reduction agreement or that the person has been issued an exemption certificate as provided in 76-13-408.
Terms Used In Montana Code 76-13-409
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33. See Montana Code 76-13-401
- Exemption certificate: means an exemption from the provisions of this part that must be granted by the department for the harvest of merchantable trees within the boundaries of an incorporated city or town. See Montana Code 76-13-401
- Fire hazard: means slash and debris resulting from timber cutting, timber stand improvement, or right-of-way clearing operations that produce a cover of flammable material in which fire could spread through a cutting or adjacent area. See Montana Code 76-13-401
- Fire hazard reduction agreement: means a contract made to ensure compliance with this part and with the rules adopted under 76-13-403 for fire hazard reduction or management on private forest lands. See Montana Code 76-13-401
- Person: means an individual, association, partnership, corporation, estate, or any other entity. See Montana Code 76-13-401
- Private forest lands: means all lands of whatever character containing merchantable timber that are not owned by the state, a political subdivision of the state, the United States, any agency of the United States, or an Indian tribe. See Montana Code 76-13-401
- Purchaser: means a person who purchases or contracts to purchase any forest products cut from private forest lands within the state. See Montana Code 76-13-401
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)The purchaser shall withhold sufficient money to meet the requirements of the bond provided for in 76-13-408 plus the fees for administration, inspection, and enforcement by the department as provided in the fire hazard reduction agreement. The purchaser shall transmit all money and fees that are withheld and a report of volumes of products purchased to the department on or before the 15th day of the following month, clearly identifying by number the fire hazard reduction agreement to which the withheld money, fees, and product volumes pertain. The purchaser shall keep accurate records of the purchase and the amounts withheld, which may be inspected by the department at any reasonable time.
(3)If forest products are not received or purchased in a given month, a report showing a zero balance and stating that products were not purchased must be submitted to the department.
(4)The department may require the purchaser to post a bond to the state in a form and for an amount as may be prescribed by the department to ensure faithful compliance with this part.