76-13-414. Fees. (1) In addition to any bond, the department shall charge the contractor fees for administration, inspections, and enforcement work conducted in the exercise of its duties under this part. The fees must be deposited in the state special revenue fund to the credit of the department.

Terms Used In Montana Code 76-13-414

  • Contractor: means the person who executes the fire hazard reduction agreement and is responsible to fulfill the obligations established by the agreement. See Montana Code 76-13-401
  • Department: means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33. 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
  • 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)(a) The fee for a fire hazard reduction agreement is $25 and must be collected by the department upon issuance of the agreement.

(b)In addition, a fee of 85 cents for each 1,000 board feet (log scale) must be charged or an equivalent fee must be charged if products other than logs are cut. This fee must be withheld by the purchaser as provided in 76-13-409(2), except that any fee money withheld for product volumes exceeding 500,000 board feet for each agreement in a calendar year must be returned to the contractor by the department.

(c)Either the person conducting the work or the purchaser, as described in 76-13-409, shall pay 30 cents for each 1,000 board feet (log scale) or the equivalent measure if forest products other than logs are cut. The assessment may not exceed $20,000 a year. The full amount of this money must be deposited in the forestry extension service account provided for in 76-13-415.

(3)(a) The fee for master fire hazard reduction agreements must be equal to 100% of the department’s actual costs incurred in the direct administration, inspection, and enforcement of each agreement, and the department shall submit a detailed bill to the contractor annually to collect the fees.

(b)In addition, each contractor with a master fire hazard reduction agreement shall pay to the department 15 cents for each 1,000 board feet (log scale) or equivalent measure if forest products other than logs are cut. The assessment may not exceed $20,000 a year for each master fire hazard agreement. The full amount of this money must be deposited in the forestry extension service account provided for in 76-13-415.

(c)The fee required under subsection (3)(b) must be paid annually in conjunction with the fee paid under subsection (3)(a). The department may, in its discretion, conduct an audit to determine the volume of forest products harvested by a contractor. If the department conducts an audit, the contractor shall cooperate and make available to the department all requested records, inventories, and other information relevant to the audit.