lessee is responsible for weed control on leased state land. However, weed
control cost share funds designated pursuant to (2) are available to lessees
from the recreational use account for control of noxious weed infestations
caused by general recreational use after February 29, 1992. "Noxious
weeds" are those weeds designated as noxious weeds by the Montana
department of agriculture.
(2) The department shall, on or before July 1 of each fiscal year, designate a portion
of the general recreational use account for weed control.
(3) A lessee may apply in writing for weed control funds, equipment, assistance or
supplies to treat a weed infestation caused by general recreational use. The
(a) describe the location and size of the infestation and type of weed;
(b) demonstrate that the infestation was caused by general recreational use of the
(c) contain a weed management plan, including the cost of carrying out the plan.
The plan may propose any combination of recognized weed management techniques
which will deal effectively with the weed problem.
area land office shall process applications in the order received and shall
approve an application if it finds that the application reasonably proves that
the infestation was caused by general recreational use of state lands, that the
plan provides an effective method of control, and that cost of the plan is
reasonable. In its approval, the area office shall designate the amount of
funding approved. That amount may be less than the amount applied for. Before
providing funding, supplies, assistance, or materials, the department shall
enter into a written agreement with the lessee specifying how the funding,
supplies, assistance, or materials must be used. The assistance may be provided
through the county weed board.
(5) Projects remain eligible for funding for the fiscal year in which the approval
was granted and for 2 additional fiscal years. At the end of this period, the
department may terminate the approval if it determines that the project no
longer meets the criteria in (4) .