Terms Used In Montana Code > Title 77 > Chapter 5 - Timber Resources

• Alternative practices: means forest practices that are:

  (a)conducted in the streamside management zone and that are different from practices required by rules adopted under this part;

  (b)designed for site-specific conditions encountered during a timber sale; and

  (c)subject to department approval under 77-5-303. See Montana Code 77-5-302

• Appraisal: A determination of property value.
• 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
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Community and urban forestry: means the planning, establishment, protection, care, and management of trees and associated plants individually, in small groups, or under forest conditions within municipalities and counties. See Montana Code 77-5-402
• 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

• Contract harvesting costs: means expenses related to the production of log sorts or other merchantable products from a stand of timber and the transportation of the products to point-of-sale locations. See Montana Code 77-5-215
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decked: means a pile of logs or other merchantable forest products that have been prepared for sale or shipment and placed upon a landing. See Montana Code 77-5-215
• Department: means the department of natural resources and conservation provided for in 2-15-3301. See Montana Code 77-5-402
• Department: means the department of natural resources and conservation provided for in 2-15-3301. See Montana Code 77-5-302
• Devise: To gift property by will.
• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• 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 practices: means , within a timber sale, the harvesting of trees, road construction or reconstruction associated with harvesting and accessing trees, site preparation for regeneration of a timber stand, reforestation, and management of logging slash. See Montana Code 77-5-302
• 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
• 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.
• Log sorts: means trees or portions of trees that are grouped and sorted into various product categories, including but not limited to pulp logs, sawlogs, and house logs. See Montana Code 77-5-215
• Operator: means a person responsible for conducting forest practices. See Montana Code 77-5-302
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means an individual, firm, partnership, corporation, or association of any nature that holds an ownership interest in forest land or timber. See Montana Code 77-5-302
• 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, firm, partnership, company, commercial entity, corporation, or association. See Montana Code 77-5-302
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Quorum: The number of legislators that must be present to do business.
• Sawlogs: means merchantable timber prepared and sorted as decked, scaled logs and sold f. See Montana Code 77-5-215
• Scaled: means the measured volume, weight, or other measurement of a log, load of logs, or other products. See Montana Code 77-5-215
• Stream: means a natural watercourse of perceptible extent that has a generally sandy or rocky bottom or definite banks and that confines and conducts continuously or intermittently flowing water. See Montana Code 77-5-302
• Stumpage: means the value of timber as it exists, uncut, within a harvest unit, expressed in terms of dollars per thousand board feet, dollars per ton, or other appropriate value per-unit designation. See Montana Code 77-5-215
• Timber: means any wood growth on state trust land, mature or immature, alive or dead, standing or down, that is capable of furnishing merchantable raw material used in the manufacture of lumber or other forest products. See Montana Code 77-5-215
• Timber sale: means a series of forest practices designed to access, harvest, or regenerate trees on a defined land area for commercial purposes. See Montana Code 77-5-302
• zone: means a stream, lake, or other body of water and an adjacent area of varying width where management practices that might affect wildlife habitat or water quality, fish, or other aquatic resources need to be modified. See Montana Code 77-5-302