Montana Administrative Code

36.23.112 SPECIAL IMPROVEMENT DISTRICTS The department may accept as evidence of the loan, bonds issued by a municipality payable from assessments levied upon real property included within a special improvement district and specially benefited by the project being financed from t…

36.23.113 LOANS TO DISADVANTAGED MUNICIPALITIES Based on a consideration of socioeconomic factors and measures of financial condition, and in accordance with the provisions of the intended use plan, the department may agree not to impose the loan loss surcharge on the borrowers. …

36.23.114 OTHER TYPES OF BONDS OR ADDITIONAL SECURITY OR COVENANTS FOR MUNICIPALTIES If a municipality wishes to secure a loan by a type of bond not specifically authorized in these rules, the department may accept the bond if the bond is duly authorized and issued in accordance …

36.23.115 FINANCIAL AND OTHER REQUIREMENTS FOR LOANS TO PRIVATE PERSONS It is anticipated that private persons or entities eligible for financing under the program may differ substantially in organizational structure, capitalization, creditworthiness, type and availability of sec…

36.23.116 COVENANTS REGARDING FACILITIES FINANCED BY LOANS Specific requirements and covenants with respect to the system or improvements to the system being financed from the proceeds of the loan must be contained in the bond resolution of the municipality, forms of which are av…

36.23.117 FEES The following fees and charges are established and imposed for participation in the state revolving fund program. If an environmental impact statement is required pursuant to the Montana Environmental Policy Act and the department or the department of environmental…

36.23.118 EVALUATION OF FINANCIAL MATTERS AND COMMITMENT AGREEMENT Before the commitment agreement is executed, the department shall conduct a review of the applicant's financial status and determine based on the information available whether the borrower will be able to repay th…

36.23.119 REQUIREMENTS FOR DISBURSING OF LOAN Loans will be disbursed by warrants drawn by the department of administration or wire transfers authorized by the state treasurer or the department in accordance with the provisions of this rule, and the indenture of trust.No disburse…

36.23.120 TERMS OF LOAN AND BONDS The source of funding of the loans under this program initially will be 80% from the EPA and 20% from the proceeds of the state's bonds, but may be adjusted from time to time if required or permitted by the federal act, the act, and applicable pr…

36.23.121 TAX INCREMENT REVENUE BONDS The department may accept as evidence for a loan tax increment revenue bonds subject to the following terms and conditions: The urban renewal plan or industrial district ordinance shall contain a tax increment financing provision as authorize…

36.24.101 PURPOSE The purpose of this subchapter is to implement provisions of the Water Pollution Control State Revolving Fund Act pursuant to Title 75, chapter 5, part 11, MCA; and sections 601 through 607 of Federal Water Pollution Control Act, 33 USC 1381 through 1387, as ame…

36.24.102 DEFINITIONS AND CONSTRUCTION OF RULES In this subchapter, the following terms have the meanings indicated below and, in certain cases, are supplemental to the definitions contained in Title 75, chapter 5, part 11, MCA, sections 601 through 607 of the Federal Water Pollu…

36.24.103 DIRECT LOANS The department may make a direct loan to a borrower for the purpose of financing or refinancing eligible projects costs of an eligible water pollution control project. The loan to a municipality must be evidenced by a bond issued by the governing body of th…

36.24.104 TYPES OF BONDS; FINANCIAL AND OTHER REQUIREMENTS The following types of bonds will be accepted by the department as evidence of and security for a loan to a municipality under the program if Montana law authorizes the municipality to issue such bonds to finance the proj…

36.24.105 OTHER TYPES OF BONDS If a municipality wishes to secure a loan by a type of bond not specifically authorized in these rules, the department may accept the bond if the bond is duly authorized and issued in accordance with Montana law as evidenced by an opinion of bond co…

36.24.106 COVENANTS REGARDING FACILITIES FINANCED BY THE LOAN Specific requirements and covenants with respect to the system or improvements to the system being financed from the proceeds of the loan must be contained in the bond resolution of the municipality, forms of which are…

36.24.107 FEES The following fees and charges are established and imposed for participation in the revolving fund program. If an environmental impact statement is required pursuant to the Montana Environmental Policy Act and the department or the department of environmental quali…

36.24.108 EVALUATION OF FINANCIAL MATTERS AND COMMITMENT AGREEMENT Before the commitment agreement is executed, the department shall conduct a review of the applicant's financial status and determine based on the information available as to whether the borrower will be able to re…

36.24.109 REQUIREMENTS FOR DISBURSING OF LOAN Loans will be disbursed by warrants drawn by the department of administration or wire transfers authorized by the state treasurer or the department in accordance with the provisions of this rule, and the indenture of trust. No disburs…

36.24.110 TERMS OF LOAN AND BONDS The source of funding of the loans under this program initially will be 83.33% from the EPA and 16.67% from the proceeds of the state's bonds, as adjusted as permitted from time to time by the federal act, the act, and applicable program document…

36.24.111 FINANCIAL AND OTHER REQUIREMENTS FOR LOANS TO PRIVATE PERSONS It is anticipated that the private persons or entities eligible for financing under the program may differ substantially in organizational structure, capitalization, creditworthiness, type and availability of…

36.24.112 TAX INCREMENT REVENUE BONDS The department may accept as evidence for a loan a tax increment revenue bond subject to the following terms and conditions: The urban renewal plan or industrial district ordinance shall contain a tax increment financing provision as authoriz…

36.25.1001 DEFINITIONS "Abandon" or "abandonment" means the simultaneous intent and voluntary act of surrendering or disclaiming any ownership of, or surrendering or disclaiming a property interest in a lease or the improvements existing upon a lease, or both. "Assignment" means …

36.25.1002 AUTHORITIES, LIMITATIONS, AND RESTRICTIONS A cabin site lease generally may only include a maximum of five acres; however, special circumstances may exist for which the department may grant more than five acres. The lessee shall be required to comply with all rules and…

36.25.1003 CABINSITE MINIMUM RENTAL (REPEALED) Authorizing statute(s): 77-1-202, 77-1-209, MCA Implementing statute(s): 77-1-208, MCA History: NEW, 2010 MAR p. 1293, Eff. 5/28/10; REP, 2016 MAR p. 1020, Eff. 6/4/16.

36.25.1004 LEASE FEE PAYMENT All cabin sites are assessed an annual lease fee. Payment is due in one annual installment unless the lessee elects to pay the annual fee on a semi-annual schedule in two equal installments. Annual lease fees are due on March 1 of each year. Semi-annu…

36.25.1005 IMPROVEMENTS A cabin site lessee may apply to the department to request authorization to place improvements on, or to install utilities to, the leased land. Approval is at the discretion of the department. The lessee must apply for permission prior to placing any impro…

36.25.1006 IMPROVEMENTS UPON CANCELLATION OR ABANDONMENT The former lessee has a limited right to remove the improvements or be compensated for the improvements by a new lessee. Improvements that are not removed or sold in accordance with this section will result in trust assumpt…

36.25.1007 ACCESS TO CABINSITE IMPROVEMENTS ON AN INACTIVE LEASE (REPEALED) Authorizing statute(s): 77-1-202, 77-1-209, MCA Implementing statute(s): 77-1-208, MCA History: NEW, 2010 MAR p. 1293, Eff. 5/28/10; REP, 2016 MAR p. 1020, Eff. 6/4/16.

36.25.1008 CANCELLATION AND ABANDONMENT OF LEASE Either the department or the lessee may cancel the lease. The department may cancel a lease for any breach of the lease contract. A lessee may cancel per the terms of the lease, or unconditionally abandon a lease in accordance with…

36.25.1009 ISSUANCE OF CABIN SITE LEASE ON UNLEASED AND RECLASSIFIED LAND Unleased cabin sites are available to lease through a competitive bidding process. The minimum bid amount will be the first year's annual lease fee, determined by applying a rental rate to the land value. I…

36.25.101 QUOTED MATERIAL Material enclosed in quotation marks, with the exception of terms defined in ARM 36.25.102, is taken verbatim from the statutes or constitution of this state as cited following each quotation. Authorizing statute(s): 77-1-209, MCA Implementing statute(s)…

36.25.1010 DURATION AND TRANSFER A cabin site lease will be issued for a period not to exceed 15 years unless the cabin site lessee demonstrates a need for a longer period for loan security purposes, in which case the new lease may be issued in the discretion of the department fo…

36.25.1011 RENEWAL OF LEASE AND PREFERENCE RIGHT A current cabin site is not subject to competitive bidding upon expiration if: the current lease is in good standing; and the new lease will continue to meet the terms and conditions described in this subchapter. The current lessee…

36.25.1012 CABINSITE HARDSHIP RENTAL DEFERMENT (REPEALED) Authorizing statute(s): 77-1-202, 77-1-209, MCA Implementing statute(s): 77-1-208, MCA History: NEW, 2010 MAR p. 1293, Eff. 5/28/10; REP, 2016 MAR p. 1020, Eff. 6/4/16.

36.25.1013 ADMINISTRATIVE HEARINGS RELATED TO CABIN SITE LEASE DISPUTES Any cabin site lessee may request a hearing before the department to resolve any dispute which arises from the interpretation, administration, or cancellation of, or the lease fees due upon a cabin site lease…

36.25.1014 LEASE FEE The annual lease fee for the first lease year of an individual cabin site lease will be the greater of: the amount bid by the lessee to secure the lease; the rental rate; or $800. Throughout the term of the lease, the annual lease fee for an individual cabin …

36.25.1015 APPLICABILITY OF CABIN SITE RULES ARM 36.25.1001 through 36.25.1015 shall apply to all cabin site leases issued after June 4, 2016. Authorizing statute(s): 77-1-202, 77-1-204, 77-1-208, 77-1-209, 77-1-235, 77-1-236, MCA Implementing statute(s): 77-1-208, 77-1-235, 77-1…

36.25.1016 COMPETITIVE BIDDING (REPEALED) Authorizing statute(s): 77-1-204, 77-1-208, 77-1-209, 77-1-235, 77-1-236, MCA Implementing statute(s): 77-1-235, 77-1-236, MCA History: NEW, 2012 MAR p. 82, Eff. 1/13/12; REP, 2016 MAR p. 1020, Eff. 6/4/16.

36.25.1017 ROLLING GEOGRAPHIC LOCATION AVERAGE LEASE RATE (REPEALED) Authorizing statute(s): 77-1-204, 77-1-208, 77-1-209, 77-1-235, 77-1-236, MCA Implementing statute(s): 77-1-235, 77-1-236, MCA History: NEW, 2012 MAR p. 82, Eff. 1/13/12; REP, 2016 MAR p. 1020, Eff. 6/4/16.

36.25.1018 LEASE FEE FOR BID CABINSITE LEASES UNDER ARM 36.25.1016 (REPEALED) Authorizing statute(s): 77-1-204, 77-1-208, 77-1-209, 77-1-235, 77-1-236, MCA Implementing statute(s): 77-1-235, 77-1-236, MCA History: NEW, 2012 MAR p. 82, Eff. 1/13/12; REP, 2016 MAR p. 1020, Eff. 6/4…

36.25.1019 SUBLEASING AND ABANDONMENT OF IMPROVEMENTS (REPEALED) Authorizing statute(s): 77-1-204, 77-1-208, 77-1-209, 77-1-235, 77-1-236, MCA Implementing statute(s): 77-1-235, 77-1-236, MCA History: NEW, 2012 MAR p. 82, Eff. 1/13/12; REP, 2016 MAR p. 1020, Eff. 6/4/16.

36.25.102 DEFINITIONS When used in this sub-chapter, unless a different meaning clearly appears from the context: "Agricultural land" means land which is principally valuable for the production of crops; "Animal unit" means 1 cow, 1 horse, 5 sheep, or 5 goats; "Animal-unit-month …

36.25.1020 SALE OF CABINSITE LANDS (REPEALED) Authorizing statute(s): 77-1-204, 77-1-208, 77-1-209, 77-1-235, 77-1-236, MCA Implementing statute(s): 77-1-235, 77-1-236, MCA History: NEW, 2012 MAR p. 82, Eff. 1/13/12; REP, 2016 MAR p. 1020, Eff. 6/4/16.

36.25.1021 APPLICABILITY OF CABINSITE RULES (REPEALED) Authorizing statute(s): 77-1-204, 77-1-208, 77-1-209, 77-1-235, 77-1-236, MCA Implementing statute(s): 77-1-235, 77-1-236, MCA History: NEW, 2012 MAR p. 82, Eff. 1/13/12; REP, 2016 MAR p. 1020, Eff. 6/4/16.

36.25.103 GENERAL PROVISIONS The board, as established by the constitution of Montana (Article X, section 4) "has the authority to direct, control, lease, exchange and sell school lands" and other lands granted for the support of education. It has the authority to issue leases fo…

36.25.104 ADMINISTRATIVE DETAILS AND INFORMATION General inquiries, applications for leases, easements, land use licenses or permits, improvements, and any questions regarding the leasing or usage of state land may be directed to any of the department offices. Payment of all mone…

36.25.106 TERM OF LEASE OR LICENSE In general, a lease or license for agricultural or grazing lands shall be for a five or ten year period and shall expire February 28, ten years or less from the beginning date of the lease or license. A lease for a use other than agricultural, g…

36.25.107 LEASE AND LICENSE FORMS, BID FORMS, AND BONDING The board must approve all lease forms and changes in lease forms prior to their use. The original of the lease shall be mailed to the lessee and the department shall keep the duplicate original on file. Leases shall be is…

36.25.108 LANDS AVAILABLE FOR LEASING OR LICENSING Lands available for leasing or licensing under these rules include any state land under the jurisdiction of the board. The department shall classify and reclassify land in accordance with its capability to support a particular us…