Montana Code 76-12-121. Duties of department — plan for natural areas system
76-12-121. Duties of department — plan for natural areas system. The department may:
Terms Used In Montana Code 76-12-121
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
(1)identify the existing and potential natural areas on lands under its jurisdiction and annually prepare a register listing the existing natural areas on private, county, state, and federal land;
(2)prepare and implement a biennial administrative plan for a natural areas system that will:
(a)assure equitable representation of the diversity of natural area types that are found to occur on private, county, state, and federal lands; and
(b)include identification of important natural area needs, viable methods to make eligible lands a part of the natural areas system, responsible management entities, goals for establishing natural areas, obligations of cooperating agencies, organizations, and individuals, and administrative procedures for registering natural areas with the department;
(3)consider the concerns and comments of the board and the public in preparing and implementing the administrative plan described in subsection (2);
(4)make recommendations to the board for designation of natural areas on state lands and for acquisition of interests in other lands for the preservation of natural areas;
(5)provide that designated natural areas on state lands are available for multiple uses, including but not limited to grazing, recreation, and snowmobiling, if such uses are consistent with the state’s obligations under The Enabling Act and do not interfere with the management or integrity of the natural area; and
(6)provide that the management of natural areas on state lands includes provisions for weed control consistent with 7-22-2151. The department assumes any levy under 7-22-2142 in natural areas; the lessee is not responsible for fire suppression costs in natural areas, and the lessee is not responsible for keeping natural areas free of garbage and debris.