Terms Used In Montana Code > Title 76 > Chapter 13 > Part 4 - Control of Timber Slash and Debris

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Certificate of clearance: means a certificate issued by the department acknowledging that the fire hazard has been reduced or managed in accordance with this part and the fire hazard reduction agreement or agreements. See Montana Code 76-13-401
• Contract: A legal written agreement that becomes binding when signed.
• 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
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• 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
• Fire hazard reduction or management: means the abatement of a fire hazard on private forest lands by methods that include but are not limited to separation, removal, scattering, lopping, crushing, piling and burning, broadcast burning, burying, or chipping. See Montana Code 76-13-401
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Forest product: means trees or their component parts, including but not limited to logs, poles, branches, or bark. See Montana Code 76-13-401
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Master fire hazard reduction agreement: means a fire hazard reduction agreement between the department and persons engaged in continuing cutting operations of sufficient number and size to warrant covering these operations under a single agreement and a single bond. See Montana Code 76-13-401
• Minimum slash hazard: means an amount of slash and debris generated by noncommercial activities, which may include but are not limited to weeding, pruning, or clearing on private land within the state. See Montana Code 76-13-401
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• 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
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201