Montana Code 7-22-2146. Financial assistance to persons responsible for weed control
7-22-2146. Financial assistance to persons responsible for weed control. (1) The commissioners, upon recommendation of the board, may establish a cost-share program for the control of noxious weeds. The board shall develop rules and procedures for the administration of the cost-share program. These procedures may include the cost-share rate or amount and the purposes for which cost-share funds may be used.
Terms Used In Montana Code 7-22-2146
- Board: means a district weed board created under 7-22-2103. See Montana Code 7-22-2101
- Commissioners: means the board of county commissioners. See Montana Code 7-22-2101
- control: means the use of an integrated weed management program for the containment, suppression, and, where possible, eradication of noxious weeds. See Montana Code 7-22-2101
- Coordinator: means the person employed by the county to conduct the district noxious weed management program and supervise other district employees. See Montana Code 7-22-2101
- 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.
- Person: means an individual, partnership, corporation, association, or state or local government agency or subdivision owning, occupying, or controlling any land, easement, or right-of-way, including any county, state, or federally owned and controlled highway, drainage or irrigation ditch, spoil bank, barrow pit, or right-of-way for a canal or lateral. See Montana Code 7-22-2101
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Property: means real and personal property. See Montana Code 1-1-205
- weeds: means any exotic plant species established or that may be introduced in the state that may render land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses or that may harm native plant communities and that is designated:
(i)as a statewide noxious weed by rule of the department; or
(ii)as a district noxious weed by a board, following public notice of intent and a public hearing. See Montana Code 7-22-2101
(2)(a) Any person may voluntarily enter into a cost-share agreement for the management of noxious weeds on the person’s property. The coordinator shall draft a cost-share agreement in cooperation with the person. The agreement must, in the board’s judgment, provide for effective weed management.
(b)The agreement must specify:
(i)costs that must be paid from the noxious weed fund;
(ii)costs that must be paid by the person;
(iii)a location-specific weed management plan that must be followed by the person; and
(iv)reporting requirements of the person to the board.
(c)The cost-share agreement must be signed by the person and, upon approval of the board, by the presiding officer.
(3)The agreement must contain a statement disclaiming any liability of the board for any injuries or losses suffered by the person in managing noxious weeds under a cost-share agreement. If the board later finds that the person has failed to abide by the terms of the agreement, all cost-share payments and agreements must be canceled and the provisions of 7-22-2134 apply to that person.
(4)(a) When under the terms of any voluntary agreement, whether entered into pursuant to 7-22-2132 or otherwise, or under any cost-share agreement entered pursuant to this section a person incurs any obligation for materials or services provided by the board, the board shall submit a bill to the person, itemizing hours of labor, material, and equipment time. The bill must specify and order a payment due date not less than 30 days from the date the bill is sent.
(b)A copy of the bill must be submitted by the board to the county clerk and recorder. If the sum to be repaid by the person billed is not repaid on or before the date due, the county clerk and recorder shall certify the amount not repaid, with the description of the land to be charged, and shall enter the sum on the assessment list as a special tax on the land, to be collected in the manner provided in 7-22-2148.