77-5-218. Rules. (1) (a) The board may adopt rules to implement the contract harvesting program. The board shall evaluate each proposed contract harvest to determine if, in the board’s judgment, contract harvesting will fulfill its duty to prudently obtain the maximum long-term revenue for the trust beneficiaries or to address forest health concerns or other environmental concerns.

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Terms Used In Montana Code 77-5-218

  • Appraisal: A determination of property value.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract harvesting: means a timber harvest or timber sale occurring on state trust lands by which:

    (a)the department solicits bids and contracts with a firm or individual awarded the bid to:

    (i)perform all necessary work to harvest and process trees into merchantable forest products;

    (ii)sort trees pursuant to contract specifications and department use standards; and

    (iii)transport and deliver the products to forest product purchasers; and

    (b)the department sells the forest products to one or more forest product purchasers through the competitive bidding process pursuant to 77-5-201(1) and (2). See Montana Code 77-5-215

  • Forest health concerns: means issues that can be addressed through management or harvest of merchantable or nonmerchantable trees and includes:

    (a)forested lands that are overcrowded or stagnant and that are showing declining annual growth;

    (b)wildland-urban interface areas where timber harvest or forest management is necessary to prevent catastrophic or other damage to forested lands, livestock, buildings, or other infrastructure;

    (c)fire fuel buildup and treatment on forested lands;

    (d)forested lands susceptible to imminent or repeated insect or disease attack and timber degradation;

    (e)forested lands that are in a high state of decline or decay or are rapidly deteriorating;

    (f)forested lands with high recreational use and high degradation risk; and

    (g)forested lands under drought stress. See Montana Code 77-5-215

  • Forest products: means any product produced from the forest that the department can sell through competitive bid or direct negotiation. See Montana Code 77-5-215

(b)The board shall adopt rules describing the procedures necessary to ensure that the trust beneficiaries receive the full market value of the forest products.

(2)The board may adopt rules that impose specific appraisal requirements and sale procedures for any forest products directly marketed and sold by the department.