76-16-101. Short title

76-16-101. Short title. This chapter may be cited as the “Grass Conservation Act”. History: En. Sec. 1, Ch. 208, L. 1939; amd. Sec. 35, Ch. 253, L. 1974; R.C.M. 1947, 46-2301(part).

76-16-102. Purpose

76-16-102. Purpose. The purpose of this chapter is to provide for the conservation, protection, restoration, and proper utilization of grass, forage, and range resources of the state of Montana, to provide for the incorporation of cooperative nonprofit state districts, to provide a means of cooperation with the secretary of the interior as provided in the federal […]

76-16-103. Definitions

76-16-103. Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply: (1) ”Animal unit” means one cow, one horse, or five sheep, 6 months of age or older. (2) ”Animal unit month” or “AUM” means one cow/calf pair, one horse, or five sheep, grazed individually for 1 month, or an equivalency as determined by a […]

76-16-104. Role of the commission

76-16-104. Role of the commission. (1) The commission shall assist in carrying out the purposes of this chapter, act in an advisory capacity with the boards of county commissioners, and supervise and coordinate the formation and operation of state districts that may be incorporated under this chapter. (2) The commission may act in an advisory capacity to […]

76-16-105. Repealed

76-16-105. Repealed. Sec. 45, Ch. 31, L. 2001. History: En. Sec. 7, Ch. 208, L. 1939; amd. Sec. 2, Ch. 199, L. 1945; amd. Sec. 37, Ch. 253, L. 1974; R.C.M. 1947, 46-2307(part); amd. Sec. 301, Ch. 418, L. 1995; amd. Sec. 4, Ch. 244, L. 1997.

76-16-106. Commission fees

76-16-106. Commission fees. (1) The commission may impose fees against the state districts in an amount not in excess of 10 cents per animal unit month of grazing preference, based upon the number of animal unit months per year for which the state district grants permits, to defray expenses incurred by the commission in carrying out […]

76-16-107. Range for wild game animals

76-16-107. Range for wild game animals. In each state district a sufficient carrying capacity of range must be reserved for the maintenance of a reasonable number of wild game animals to use the range in common with livestock grazing in the state district. The commission may act in an advisory capacity to the department of fish, […]

76-16-108. Nature of rights

76-16-108. Nature of rights. (1) Grazing preferences or rights under this chapter through the creation of the state district or the issuance of permits based on AUMs of grazing preference are statutory and do not create any vested right, title, interest, or estate in or to the lands owned or controlled by the state district except […]

76-16-109. Appeal procedure

76-16-109. Appeal procedure. (1) Notice of a decision of a state district must be given in writing by the secretary of the state district to the interested parties or their attorneys by certified mail at the address as shown on the records of the state district. (2) A person affected by the decision of a state district […]

76-16-110. Administrative procedure act applicable

76-16-110. Administrative procedure act applicable. The Montana Administrative Procedure Act applies to this chapter. History: En. Sec. 8, Ch. 208, L. 1939; amd. Sec. 3, Ch. 199, L. 1945; amd. Sec. 1, Ch. 163, L. 1953; amd. Sec. 38, Ch. 253, L. 1974; R.C.M. 1947, 46-2308(3).

76-16-111. What constitutes receipt of notice

76-16-111. What constitutes receipt of notice. In all cases where notices are given to permittees under this chapter by certified mail and addressed to the post-office address of the permittee as shown by the records of the state district, the notices must be considered received by the permittee when deposited in the United States post office […]

76-16-112. Creation of Montana grass conservation commission — membership — meetings — compensation

76-16-112. Creation of Montana grass conservation commission — membership — meetings — compensation. (1) There is a Montana grass conservation commission. The commission is composed of five members appointed by the governor to serve staggered 3-year terms. (2) (a) The governor, after giving full consideration to representation by both large and small operators, shall appoint: (i) two members who […]

76-16-113. Powers of commission

76-16-113. Powers of commission. The commission has all the powers enumerated in this chapter and any other powers necessary or incidental to carrying out the full purpose and intent of this chapter, including but not limited to: (1) conducting hearings on issues brought before the commission and conducting investigations into matters affecting the commission or the operation […]