Montana Fish & Wildlife Conservation Trust Statute

II. Montana Fish & Wildlife Conservation Trust Statute (See, PL 105-277, enacted 10/22/98, and subsequent amendments) SEC. 1007. MONTANA FISH AND WILDLIFE CONSERVATION TRUST. (a) Establishment.--The Secretary, in consultation with the State congressional delegation and the Governor of the State, shall establish a nonprofit charitable permanent perpetual public trust in the State, to be known as the ``Montana Fish and Wildlife Conservation Trust'' (referred to in this section as the ``Trust''). (b) Purpose.--The purpose of the Trust shall be to provide a permanent source of funding to acquire publicly accessible land and interests in land, including easements and conservation easements, in the State from willing sellers at fair market value to-- (1) restore and conserve fisheries habitat, including riparian habitat; (2) restore and conserve wildlife habitat; (3) enhance public hunting, fishing, and recreational opportunities; and (4) improve public access to public land. (c) Administration.-- (1) Trust manager.--The Trust shall be managed by a trust manager, who-- (A) shall be responsible for investing the corpus of the Trust; and (B) shall disburse funds from the Trust on receiving a request for disbursement from a majority of the members of the Joint State-Federal Agency Board established under paragraph (2) and after determining, in consultation with the Citizen Advisory Board established under paragraph (3) and after consideration of any comments submitted by members of the public, that the request meets the purpose of the Trust under subsection (b) and the requirements of subsections (d) and (e). (2) Joint state-federal agency board.-- (A) Establishment.--There is established a Joint State- Federal Agency Board, which shall consist of-- (i) 1 Forest Service employee employed in the State designated by the Forest Service; (ii) 1 Bureau of Land Management employee employed in the State designated by the Bureau of Land Management; (iii) 1 Bureau of Reclamation employee employed in the State designated by the Bureau of Reclamation; (iv) 1 United States Fish and Wildlife Service employee employed in the State designated by the United States Fish and Wildlife Service; and (v) 1 Montana Department of Fish, Wildlife and Parks employee designated by the Department. (B) Requests for disbursement.--After consulting with the Citizen Advisory Board established under paragraph (3) and after consideration of the Trust plan prepared under paragraph (3)(C) and of any comments or requests submitted by members of the public, the Joint State-Federal Agency Board, by a vote of a majority of its members, may submit to the Trust Manager a request for disbursement if the Board determines that the request meets the purpose of the Trust. (3) Citizen advisory board.-- (A) In general.--The Secretary shall nominate, and the Joint State-Federal Agency Board shall approve by a majority vote, a Citizen Advisory Board. (B) Membership.--The Citizen Advisory Board shall consist of 4 members, including 1 with a demonstrated commitment to improving public access to public land and to fish and wildlife conservation, from each of-- (i) a Montana organization representing agricultural landowners; (ii) a Montana organization representing hunters; (iii) a Montana organization representing fishermen; and (iv) a Montana nonprofit land trust or environmental organization. (C) Duties.--The Citizen Advisory Board, in consultation with the Joint State-Federal Agency Board and the Montana Association of Counties, shall prepare and periodically update a Trust plan including recommendations for requests for disbursement by the Joint State-Federal Agency Board. (D) Objectives of plan.--The Trust plan shall be designed to maximize the effectiveness of Montana Fish and Wildlife Conservation Trust expenditures considering-- (i) public needs and requests; (ii) availability of property; (iii) alternative sources of funding; and (iv) availability of matching funds. (4) Public notice and comment.--Before requesting any disbursements under paragraph (2), the Joint State-Federal Agency Board shall-- (A) notify members of the public, including local governments; and (B) provide opportunity for public comment. (d) Use.-- (1) Principal.--The principal of the Trust shall be inviolate. (2) Earnings.--Earnings on amounts in the Trust shall be used to carry out subsection (b) and to administer the Trust and Citizen Advisory Board. (3) Local purposes.--Not more than 50 percent of the income from the Trust in any year shall be used outside the watershed of the Missouri River in the State, from Holter Dam upstream to the confluence of the Jefferson River, Gallatin River, and Madison River. (e) Management.--Land and interests in land acquired under this section shall be managed for the purpose described in subsection (b).