Montana Code Annotated, 2011
75-7-301. Short title.
This part may be cited as the "Flathead Basin
Commission Act of 1983".
History: En. Sec. 1, Ch. 424, L. 1983.
The purpose of the Flathead basin commission is to
protect the existing high quality of the Flathead Lake aquatic environment; the
waters that flow into, out of, or are tributary to the lake; and the natural
resources and environment of the Flathead basin.
History: En. Sec. 2, Ch. 424, L. 1983.
As used in this part, the following definitions
(1) "Aquatic resources" means all beneficial uses of water, including but
not limited to water quality and water supply; recreational, scenic, and
aesthetic values; and fish, wildlife, and other organisms.
(2) "Commission" means the Flathead basin commission established in
(3) "Flathead basin" means all land and water areas the water from which
drains into Flathead Lake or its tributaries.
History: En. Sec. 3, Ch. 424, L. 1983; amd. Sec. 2, Ch. 537, L. 2003.
75-7-304. Duties of the
commission. Duties of the commission are:
(1) to monitor the existing condition of natural resources in the basin and
coordinate development of an annual monitoring plan. This plan must involve a
cooperative strategy among all land and water management agencies within the
Flathead basin and identify proposed and needed monitoring which emphasizes but
is not limited to the aquatic resources of the Flathead basin.
(2) to encourage close cooperation and coordination between federal, state,
provincial, tribal, and local resource managers for establishment of compatible
resource development standards, comprehensive monitoring, and data collection
(3) to encourage and work for international cooperation and coordination
between the state of Montana and the Province of British Columbia concerning the
undertaking of natural resource monitoring and use of consistent standards for
management of resource development activities throughout the North Fork Flathead
River drainage portion of the Flathead basin;
(4) to encourage economic development and use of the basin's resources to
their fullest extent without compromising the present high quality of the
Flathead basin's aquatic environment;
(5) to, in the discretion of the commission, undertake investigations of
resource utilization and hold public hearings concerning the condition of
Flathead Lake and Flathead basin;
(6) to submit to the governor and, as provided in
5-11-210, to the legislature a biennial report that includes:
(a) a summary of information gathered in fulfillment of its duties under
(b) information on monitoring activities within the Flathead basin
concerning the condition of the basin's natural resources, with particular
emphasis on Flathead Lake;
(c) the identification of land use and land development trends in the
(d) any recommendations the commission considers appropriate for
fulfillment of its duties and for continued preservation of the Flathead basin
in the present high quality of its aquatic resources; and
(e) an accounting of all money received and expended, by source and
purpose, for the period since the last report; and
(7) to meet at least semiannually within the Flathead basin, alternating
the meeting site between the cities of Kalispell and Polson.
History: En. Sec. 7, Ch. 424, L. 1983; amd. Sec. 49, Ch. 112, L.
authority. (1) The commission may make
recommendations to the legislature and the governor and to federal, tribal,
provincial, and local agencies for maintenance and enhancement of the quality of
natural resources of the Flathead basin.
(2) The commission may receive and expend donations, gifts, grants, and
other money necessary to fulfill its duties.
History: En. Sec. 8, Ch. 424, L. 1983; amd. Sec. 1, Ch. 244, L. 1985;
amd. Sec. 9, Ch. 628, L. 1989.
Sec. 3, Ch. 243, L. 1999.
History: En. Sec. 9, Ch. 424, L. 1983; amd. Sec. 48, Ch. 281, L.
1983; amd. Sec. 7, Ch. 700, L. 1989.
75-7-307. Special county
government authority. The governing body of
any county within or bordering upon the Flathead basin may allocate to the
Flathead basin commission a portion of any money available from coal severance
tax allocations or other sources and designated for planning activities.
History: En. Sec. 10, Ch. 424, L. 1983.
75-7-308. Cooperation with
other agencies and organizations. To
fulfill its duties, the commission shall develop and maintain cooperative
programs with federal, state, provincial, tribal, and local agencies or
organizations that are responsible for natural resource management and
monitoring in the Flathead basin. Participating federal and provincial agencies
must be requested to provide adequate funds to participate on the commission and
to monitor resources within their areas of responsibility.
History: En. Sec. 11, Ch. 424, L. 1983.
2-15-3330. Flathead basin
commission -- membership -- compensation.
(1) There is a Flathead basin commission.
(2) The commission consists of 23 members selected as follows:
(a) seven members appointed by the governor from industrial, environmental,
and other interests affected by Title 75, chapter 7, part 3, one of whom must be
on the governor's staff;
(b) one member, appointed by the director of the department of natural
resources and conservation, representing the northwestern land office of the
department of natural resources and conservation;
(c) one member appointed by the Flathead County commissioners;
(d) one member appointed by the Lake County commissioners;
(e) one member appointed by the Confederated Salish and Kootenai Tribes;
(f) one member appointed by the United States department of agriculture,
forest service regional forester for the northern region;
(g) one member appointed by the United States department of the interior,
national park service regional director for the Rocky Mountain region;
(h) one member appointed by the Flathead County conservation district board
(i) one member appointed by the Lake County conservation district board of
(j) five ex officio members appointed respectively by the chief executive
of the provincial government of the Province of British Columbia; the regional
administrator of the United States environmental protection agency; the regional
administrator of the United States department of the interior, bureau of
reclamation; a representative of the Bonneville power administration; and the
holder of a license issued for the Flathead project under the Federal Power Act;
(k) three ex officio members who are the director of the department of
natural resources and conservation, the director of the department of
environmental quality, and the director of the department of fish, wildlife, and
parks or their designees.
(3) The commissioners shall serve without pay. The commissioners listed in
subsection (2)(a), except the commissioner on the governor's staff, are entitled
to reimbursement for travel, meals, and lodging while engaged in commission
business, as provided in
(4) The commission is attached to the department of natural resources and
conservation for administrative purposes only.
History: En. Sec. 4, Ch. 424, L. 1983; amd. Sec. 1, Ch. 95, L. 1985;
amd. Sec. 1, Ch. 176, L. 1989; amd. Sec. 5, Ch. 418, L. 1995; amd. Sec. 1, Ch.
451, L. 1997; amd. Sec. 1, Ch. 243, L. 1999; amd. Sec. 1, Ch. 537, L. 2003; Sec.
2-15-213, MCA 2001; redes.
2-15-3330 by Sec. 2, Ch. 537, L. 2003; amd. Sec. 1, Ch. 387, L. 2005.
2-15-3331. Flathead basin
commission. (1) The commission members
shall serve staggered 4-year terms.
(2) A majority of the membership, other than ex officio members,
constitutes a quorum of the commission.
(3) A vacancy on the commission must be filled in the same manner as
regular appointments, and the member so appointed shall serve for the unexpired
term to which the member is appointed.
(4) The commission shall select a presiding officer from among its members.
The presiding officer may make motions and vote.
(5) A favorable vote of at least a majority of all members, except ex
officio members, of the commission is required to adopt any resolution, motion,
or other decision of the commission.
History: En. Sec. 5, Ch. 424, L. 1983; Sec.
2-15-214, MCA 2001; redes.
2-15-3331 by Sec. 2, Ch. 537, L. 2003; amd. Sec. 94, Ch. 61, L. 2007.
2-15-3332. Flathead basin
commission staff and office location. (1)
The commission may hire staff for the purpose of carrying out its duties.
(2) An office for the commission may be established at a community located
in the basin.
History: En. Sec. 6, Ch. 424, L. 1983; amd. Sec. 2, Ch. 243, L. 1999;
2-15-215, MCA 2001; redes.
2-15-3332 by Sec. 2, Ch. 537, L. 2003.