87-5-901. Short title
87-5-901. Short title. This part may be cited as the “Montana Greater Sage-Grouse Stewardship Act”. History: En. Sec. 2, Ch. 445, L. 2015; Sec. 76-22-101, MCA 2019; redes. 87-5-901 by Sec. 3, Ch. 326, L. 2021.
87-5-902. Legislative findings and purpose
87-5-902. Legislative findings and purpose. (1) The legislature finds that it is in the best interests of Montana’s economy, the economic stability of school trust lands, and sage grouse conservation and management to enact the Montana Greater Sage-Grouse Stewardship Act. (2) The purpose of this act is to provide competitive grant funding and establish ongoing free-market mechanisms […]
87-5-903. Definitions
87-5-903. Definitions. As used in this part, unless the context clearly indicates otherwise, the following definitions apply: (1) ”Connectivity area” means an area that provides an important linkage among populations of sage grouse, particularly between core areas or priority populations in adjacent states and across international borders. (2) ”Conservation bank” means a site or group of sites established […]
87-5-904. Montana sage grouse oversight team — rulemaking
87-5-904. Montana sage grouse oversight team — rulemaking. The oversight team shall adopt rules to administer the provisions of this part, including: (1) eligibility and evaluation criteria for grants distributed pursuant to 87-5-910 for projects that maintain, enhance, restore, expand, or benefit sage grouse habitat and populations, including but not limited to requirements for matching funds and […]
87-5-905. Montana sage grouse oversight team — duties — powers
87-5-905. Montana sage grouse oversight team — duties — powers. (1) The oversight team shall: (a) cooperate with organizations to maintain, enhance, restore, expand, and benefit sage grouse habitat and populations; (b) identify and map core areas, connectivity areas, and general habitat, subject to the approval of the governor; (c) evaluate grant applications. As part of its evaluation, the […]
87-5-906. through 87-5-908 reserved
87-5-906 through 87-5-908 reserved.
87-5-909. Sage grouse stewardship account
87-5-909. Sage grouse stewardship account. (1) There is a sage grouse stewardship account in the state special revenue fund established in 17-2-102. Money deposited in the account is statutorily appropriated, as provided in 17-7-502, and, [except as provided in subsection (8),] must be used for the administration of and pursuant to the provisions of this part […]
87-5-910. Grants — eligibility
87-5-910. Grants — eligibility. (1) Subject to the provisions of 87-5-912, to be eligible to receive funds pursuant to this part, a proposed project must maintain, enhance, restore, expand, or benefit sage grouse habitat and populations for the heritage of Montana and its people through voluntary, incentive-based efforts, including: (a) reduction of conifer encroachment; (b) reduction of the […]
87-5-911. Compensatory mitigation — findings
87-5-911. Compensatory mitigation — findings. (1) The legislature finds that allowing a project developer to provide compensatory mitigation for the debits of a project is consistent with the purpose of incentivizing voluntary conservation measures for sage grouse habitat and populations. The project developer may provide compensatory mitigation by: (a) using the habitat quantification tool to calculate the […]
87-5-912. Leases and conservation easements
87-5-912. Leases and conservation easements. A lease or conservation easement selected to receive funds pursuant to this part binds the parties involved to an agreement in which the state is a third-party beneficiary to the lease or easement with the contingent right to enforce the terms of the lease or easement if the grantee fails to […]
87-5-913. Real property
87-5-913. Real property. Real property conveyed by fee simple title to the state under this part must be administered by the department pursuant to Title 77. History: En. Sec. 11, Ch. 445, L. 2015; Sec. 76-22-113, MCA 2019; redes. 87-5-913 by Sec. 3, Ch. 326, L. 2021.
87-5-914. Application to mineral estates
87-5-914. Application to mineral estates. No provision of this part may be construed to alter Montana law regarding the primacy of the mineral estate, to limit access to the mineral estate, or to limit development of the mineral estate. History: En. Sec. 12, Ch. 445, L. 2015; Sec. 76-22-114, MCA 2019; redes. 87-5-914 by Sec. 3, Ch. […]
87-5-915. Existing land uses and activities exempt
87-5-915. Existing land uses and activities exempt. (1) Existing land uses and activities are recognized and respected, and those uses and activities, including those authorized by permit but not yet conducted, that existed as of September 8, 2015, may not be managed under the stipulations of a sage grouse conservation strategy adopted by the governor through […]
87-5-916. Compensatory mitigation reduction or waiver
87-5-916. Compensatory mitigation reduction or waiver. (1) Except as provided in subsection (3), the oversight team shall consider on a case-by-case basis requests for a reduction in or waiver of compensatory mitigation based upon an assessment including but not limited to the following: (a) a project that is located at least six-tenths of a mile from the […]
87-5-917. Operations and maintenance exempt
87-5-917. Operations and maintenance exempt. (1) Permitting and authorizing agencies and the oversight team shall cooperate to designate as exempt from the habitat quantification tool certain operations and maintenance activities that require a permit or other authorization from a state agency. (2) Operations and maintenance activities that are exempt from the habitat quantification tool pursuant to subsection […]
87-5-918. Reporting
87-5-918. Reporting. (1) The oversight team shall report to the governor regularly and provide an annual report to the governor, the environmental quality council in accordance with 5-11-210, the board of land commissioners, and the county commissions in the counties where projects were funded pursuant to this part. The annual report must include information on activities […]