Montana Administrative Code

36.19.201 APPLICATION EVALUATION PROCEDURE The department shall review and evaluate all applications to determine compliance with the act and these rules. Eligible and qualified applications shall merit further funding consid eration. Applications that do not meet eligibility req…

36.19.202 PREFERENCES AND RANKING OF QUALIFIED PROJECTS After department review and evaluation procedures are completed, qualified projects will be ranked according to 90-2-1112 , 90-2-1113 (1-8) , MCA, and these rules. The department will utilize a numerical point-scoring system…

36.19.203 SOLICITATION OF VIEWS FROM OTHER INTERESTED PARTIES The department shall consult public or private agencies or groups knowledgeable about proposed projects or particular problems and will consider these viewpoints in its evaluation of applications. The department shall …

36.19.204 ENVIRONMENTAL FEASIBILITY AND COMPLIANCE WITH STATUTES AND RULES (IS HEREBY REPEALED) Authorizing statute(s): 90-2-1105, MCA Implementing statute(s): 90-2-1112, MCA History: NEW, 1988 MAR p. 727, Eff. 4/15/88; REP, 1996 MAR p. 775, Eff. 3/22/96.

36.19.301 CONDITIONS OF GRANTS (IS HEREBY REPEALED) Authorizing statute(s): 90-2-1105, MCA Implementing statute(s): 90-2-1105 and 90-2-1114, MCA History: NEW, 1988 MAR p. 727, Eff. 4/15/88; REP, 1996 MAR p. 775, Eff. 3/22/96.

36.19.302 GRANT CONTRACT If an applicant's proposal is approved for funding by the legislature, the department will enter into a contractual grant agreement with the applicant under such terms and conditions as the department considers necessary to fulfill legislative directive a…

36.19.303 PAYMENT OF GRANTS All grant payments to the grantee are subject to the availability of funds. The department will reimburse the grantee only for necessary expenditures incurred in compliance with the grant contract. Expenses incurred by the grantee before the effective …

36.19.304 REPORTS AND ACCOUNTING Each grant recipient shall submit periodic progress reports as specified in the grant contract and shall submit a final report to the department as specified in the grant contract. The department shall make a biennial accounting to the legislature…

36.19.305 PROJECT MONITORING AND ACCESS FOR INSPECTION AND MONITORING (IS HEREBY REPEALED) Authorizing statute(s): 90-2-1105, MCA Implementing statute(s): 90-2-1105, 90-2-1111, and 90-2-1114, MCA History: NEW, 1988 MAR p. 727, Eff. 4/15/88; REP, 1996 MAR p. 775, Eff. 3/22/96.

36.19.306 APPLICATIONS AND RESULTS PUBLIC Applications submitted to the department under the act and these rules are subject to public review, and the applicant waives any claim of confidentiality by filing an application with the department. This waiver requirement may be exempt…

36.2.1001 LEASING OR OTHER USE OF STATE LANDS The department issues leases, rights-of-way and easements, and permits and licenses for all uses of state land including the prospecting for or extraction of minerals including oil and gas. All leases, rights-of-way and easements, and…

36.2.1002 SALE OF STATE LANDS State lands may be offered for sale whenever it is in the best interest of the state as determined by the board. Inquiries regarding the sale of state lands may be addressed to the director. Application requirements are as prescribed by the departmen…

36.2.1003 SCHEDULE OF FEES The department of natural resources and conservation shall collect the following non-refundable administrative fees: Grazing/Agriculture Lease Application$25.00 Grazing/Agriculture Lease Assignment50.00 Grazing/Agriculture Sublease Application25.00 Graz…

36.2.1004 HOMESITE AND FARMYARD LEASES Upon issuance of a homesite or farmyard lease, all lands included in such lease shall be reclassified as Class IV. Grazing lands are in Class I; timber and/or watershed lands are in Class II; agriculture lands are in Class III; all other lan…

36.2.1005 MINIMUM EASEMENT CHARGES The minimum land value charge for a right-of-way easement is the market value of the area encumbered by the easement or $100.00 per section, whichever is greater. The $100.00 land charge minimum shall apply regardless of the amount of state owne…

36.2.101 DEPARTMENT MODEL PROCEDURAL RULES The department of natural RESOURCES AND CONSERVATION herein adopts and incorporates by reference ARM 1.3.101 through ARM 1.3.233 which set forth the attorney general's model rules. A copy of the model rules may be obtained from the Depar…

36.2.201 BOARD MODEL PROCEDURAL RULES (IS HEREBY REPEALED) Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, MCA History: NEW, 1981 MAR p. 1622, Eff. 11/16/81; REP, 1996 MAR p. 276, Eff. 1/26/96.

36.2.401 PURPOSE The purpose of this sub-chapter is to set minimum standards and guidelines for the administration of the Natural Streambed and Land Preservation Act. Districts must adopt local rules that meet or exceed these standards and guidelines. Authorizing statute(s): 75-7…

36.2.402 DEFINITIONS As used in this sub-chapter and in Title 75, chapter 7, part 1, MCA, the following definitions apply: "Act" means the Natural Streambed and Land Preservation Act. "Bed" means the channel occupied by a stream. "Channel" means the area of a stream measured from…

36.2.403 STANDARD FORMS The following forms are available from the department of natural RESOURCES AND CONSERVATION for use by each conservation district and applicant for a project: Form 270 "Notice of Proposed Project" is the application form to be submitted by the applicant to…

36.2.404 REVIEW OF PROPOSED PROJECTS (IS HEREBY REPEALED) Authorizing statute(s): 75-7-117, MCA Implementing statute(s): 75-7-117, MCA History: NEW, Eff. 8/4/75; REP, 1997 MAR p. 48, Eff. 1/17/97.

36.2.405 PROJECTS (IS HEREBY REPEALED) Authorizing statute(s): 75-7-117, MCA Implementing statute(s): 75-7-103, 75-7-117, MCA History: NEW, Eff. 8/4/75; REP, 1997 MAR p. 48, Eff. 1/17/97.

36.2.406 EXCLUSIONS (REPEALED) (REPEALED) Authorizing statute(s): 75-7-117, MCA Implementing statute(s): 75-7-103, 75-7-117, MCA History: NEW, Eff. 8/4/75; REP, 1997 MAR p. 48, Eff. 1/17/97.

36.2.407 APPLICABILITY The act and these rules apply to projects on any natural perennial-flowing stream or portions thereof, including its channels, unless the stream has been designated as not having significant aquatic and riparian attributes in need of protection or preservat…

36.2.408 WRITTEN CONSENT REQUIRED - PROJECT REVIEW A person planning to engage in a project that will impact a stream must receive written consent of the supervisors prior to undertaking the project. The district shall review all projects to ensure they are achieved in a manner c…

36.2.409 EXCLUSION OF STREAMS The district may exclude a stream, or portion thereof, upon a determination that the stream does not have significant aquatic and riparian attributes in need of protection or preservation under 75-7-102, MCA. In order to make a determination, the dis…

36.2.410 STANDARDS AND GUIDELINES It is the applicant's responsibility to provide sufficient information for the district to make a reasonable determination to approve, modify, or deny a notice of proposed project. Information to be provided by the applicant, may include, but is …

36.2.501 POLICY STATEMENT CONCERNING MEPA RULES (REPEALED) Authorizing statute(s): Sec. 2-4-201 and 2-15-112, MCA Implementing statute(s): Sec. 75-1-201, MCA History: NEW, 1980 MAR p. 124, Eff. 1/17/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

36.2.502 DEFINITION OF MEPA TERMS (REPEALED) Authorizing statute(s): Sec. 2-4-201 and 2-15-112, MCA Implementing statute(s): Sec. 75-1-201, MCA History: NEW, 1980 MAR p. 124, Eff. 1/17/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

36.2.503 DETERMINATION OF NECESSITY FOR ENVIRONMENTAL IMPACT STATEMENT (REPEALED) Authorizing statute(s): Sec. 2-4-201 and 2-15-112, MCA Implementing statute(s): Sec. 75-1-201, MCA History: NEW, 1980 MAR p. 124, Eff. 1/17/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

36.2.504 PREPARATION OF PRELIMINARY ENVIRONMENTAL REVIEW (REPEALED) Authorizing statute(s): Sec. 2-4-201 and 2-15-112, MCA Implementing statute(s): Sec. 75-1-201, MCA History: NEW, 1980 MAR p. 124, Eff. 1/17/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

36.2.505 PREPARATION AND CONTENTS OF DRAFT ENVIRONMENTAL STATEMENTS (REPEALED) Authorizing statute(s): Sec. 2-4-201 and 2-15-112, MCA Implementing statute(s): Sec. 75-1-201, MCA History: NEW, 1980 MAR p. 124, Eff. 1/17/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

36.2.506 ADOPTION OF DRAFT ENVIRONMENTAL IMPACT STATEMENT AS FINAL (REPEALED) Authorizing statute(s): Sec. 2-4-201 and 2-15-112, MCA Implementing statute(s): Sec. 75-1-201, MCA History: NEW, 1980 MAR p. 124, Eff. 1/17/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

36.2.507 PREPARATION AND CONTENTS OF FINAL ENVIRONMENTAL IMPACT STATEMENTS (REPEALED) Authorizing statute(s): Sec. 2-4-201 and 2-15-112, MCA Implementing statute(s): Sec. 75-1-201, MCA History: NEW, 1980 MAR p. 124, Eff. 1/17/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

36.2.508 TIME LIMITS AND DISTRIBUTION OF ENVIRONMENTAL IMPACT STATEMENTS (REPEALED) Authorizing statute(s): Sec. 2-4-201 and 2-15-112, MCA Implementing statute(s): Sec. 75-1-201, MCA History: NEW, 1980 MAR p. 124, Eff. 1/17/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

36.2.509 SUPPLEMENTS TO ENVIRONMENTAL IMPACT STATEMENTS (REPEALED) Authorizing statute(s): Sec. 2-4-201 and 2-15-112, MCA Implementing statute(s): Sec. 75-1-201, MCA History: NEW, 1980 MAR p. 124, Eff. 1/17/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

36.2.510 INCORPORATION BY REFERENCE AND ADOPTION (REPEALED) Authorizing statute(s): Sec. 2-4-201 and 2-15-112, MCA Implementing statute(s): Sec. 75-1-201, MCA History: NEW, 1980 MAR p. 124, Eff. 1/17/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

36.2.511 LENGTH, FORMAT AND SUMMARY OF ENVIRONMENTAL IMPACT STATEMENT (REPEALED) History: Sec. 2-4-201 and 2-15-112, MCA; IMP , Sec. 75-1-201, MCA; NEW , 1980 MAR p. 124, Eff. 1/17/80; REP , 1988 MAR p. 2692, Eff. 12/23/88.) Authorizing statute(s): Sec. 2-4-201 and 2-15-112, MCA …

36.2.512 INTERAGENCY COOPERATION (REPEALED) Authorizing statute(s): Sec. 2-4-201 and 2-15-112, MCA Implementing statute(s): Sec. 75-1-201, MCA History: NEW, 1980 MAR p. 124, Eff. 1/17/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

36.2.513 JOINT ENVIRONMENTAL IMPACT STATEMENTS (REPEALED) Authorizing statute(s): Sec. 2-4-201 and 2-15-112, MCA Implementing statute(s): Sec. 75-1-201, MCA History: NEW, 1980 MAR p. 124, Eff. 1/17/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

36.2.514 PREPARATION, CONTENT, AND DISTRIBUTION OF A PROGRAMMATIC REVIEW (REPEALED) Authorizing statute(s): Sec. 2-4-201 and 2-15-112, MCA Implementing statute(s): Sec. 75-1-201, MCA History: NEW, 1980 MAR p. 124, Eff. 1/17/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

36.2.515 EMERGENCIES (REPEALED) Authorizing statute(s): Sec. 2-4-201 and 2-15-112, MCA Implementing statute(s): Sec. 75-1-201, MCA History: NEW, 1980 MAR p. 124, Eff. 1/17/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

36.2.516 CONFIDENTIALITY (REPEALED) Authorizing statute(s): Sec. 2-4-201 and 2-15-112, MCA Implementing statute(s): Sec. 75-1-201, MCA History: NEW, 1980 MAR p. 124, Eff. 1/17/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

36.2.517 RESOLUTION OF STATUTORY CONFLICTS (REPEALED) Authorizing statute(s): Sec. 2-4-201 and 2-15-112, MCA Implementing statute(s): Sec. 75-1-201, MCA History: NEW, 1980 MAR p. 124, Eff. 1/17/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

36.2.518 DISCLOSURE (REPEALED) Authorizing statute(s): Sec. 2-4-201 and 2-15-112, MCA Implementing statute(s): Sec. 75-1-201, MCA History: NEW, 1980 MAR p. 124, Eff. 1/17/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

36.2.519 PUBLIC HEARINGS (REPEALED) Authorizing statute(s): Sec. 2-4-201 and 2-15-112, MCA Implementing statute(s): Sec. 75-1-201, MCA History: NEW, 1980 MAR p. 124, Eff. 1/17/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

36.2.520 RETROACTIVE APPLICATION OF THE MEPA RULES AMENDMENTS (REPEALED) Authorizing statute(s): Sec. 2-4-201 and 2-15-112, MCA Implementing statute(s): Sec. 75-1-201, MCA History: NEW, 1980 MAR p. 124, Eff. 1/17/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

36.2.521 POLICY STATEMENT CONCERNING MEPA RULES The purpose of these rules is to implement Title 75, chapter 1, MCA, the Montana Environmental Policy Act (MEPA) , through the establishment of administrative procedures. MEPA requires that state agencies comply with its terms "to t…

36.2.522 DEFINITIONS 'Action' means a project, program or activity directly undertaken by the agency; a project or activity supported through a contract, grant, subsidy, loan or other form of funding assistance from the agency, either singly or in combination with one or more oth…

36.2.523 GENERAL REQUIREMENTS OF THE ENVIRONMENTAL REVIEW PROCESS Section 75-1-201 requires state agencies to integrate use of the natural and social sciences and the environmental design arts in planning and in decision-making, and to prepare a detailed statement (an EIS) on eac…