Montana Code 7-22-2151. Cooperative agreements
7-22-2151. Cooperative agreements. (1) A state agency that controls land within a district, including the department of transportation; the department of fish, wildlife, and parks; the department of corrections; the department of natural resources and conservation; and the university system, shall enter into a written agreement with the board. The agreement must specify mutual responsibilities for integrated noxious weed management on state-owned or state-controlled land within the district. The agreement must include the following:
Terms Used In Montana Code 7-22-2151
- Board: means a district weed board created under 7-22-2103. 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
- Department: means the department of agriculture provided for in 2-15-3001. See Montana Code 7-22-2101
- District: means a weed management district organized under 7-22-2102. See Montana Code 7-22-2101
- 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
- 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
- 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
(a)an integrated noxious weed management plan, which must be updated biennially;
(b)a noxious weed management goals statement;
(c)a specific plan of operations for the biennium, including a budget to implement the plan; and
(d)a provision requiring a biennial performance report by the board to the state weed coordinator in the department of agriculture, on a form to be provided by the state weed coordinator, regarding the success of the plan.
(2)The board and the governing body of each incorporated municipality within the district shall enter into a written agreement and shall cooperatively plan for the management of noxious weeds within the boundaries of the municipality. The board may implement management procedures described in the plan within the boundaries of the municipality for noxious weeds only. Control of nuisance weeds within the municipality remains the responsibility of the governing body of the municipality, as specified in 7-22-4101.
(3)A board may develop and carry out its noxious weed management program in cooperation with boards of other districts, with state and federal governments and their agencies, or with any person within the district. The board may enter into cooperative agreements with any of these parties.
(4)Each agency or entity listed in subsection (1) shall submit a statement or summary of all noxious weed actions that are subject to the agreement required under subsection (1) to the state weed coordinator and shall post a copy of the statement or summary on a state digital access system.