This bill directs expenditure of $30,000 from moneys appropriated to the
Department of Natural Resources (DNR) for the current fiscal biennium for wild
turkey population development, management, preservation, restoration, and
maintenance in payment of a claim against DNR made by Stillmunkes, Inc. The
claimant contracted to perform brush removal and forestry services at the
Yellowstone Wildlife Area in 2008. DNR issued the claimant a purchase order in the
amount of $20,800 for work to be completed by May 31, 2008. The purchase order
stated that this amount was an estimate and the actual amount to be paid to the
claimant would be based upon the actual amount of authorized services delivered.
The claimant states that it encountered unforeseen weather conditions and was
forced to remove larger brush and logs than DNR represented and that it obtained
oral approval of DNR to work beyond the completion date and to perform additional
work. DNR recommended denial of the claim. DNR states that it approved the
claimant's request to work beyond the completion date but did not approve any work
in an amount exceeding the amount estimated in the purchase order and the
claimant did not submit proof that additional work beyond the amount estimated in
the purchase order was performed. The claimant claimed $76,050, representing the
difference between the value of the amount of work it states was performed and the

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amount paid by DNR ($20,800). The claims board recommended payment of this
claim in the reduced amount of $30,000 based upon equitable principles (see Senate
Journal, p. 325).