Montana Administrative Code

8.104.101 ORGANIZATION OF BOARD The Hard-Rock Mining Impact Board is created by 2-15-1822, MCA, and appointed by the Governor. By statute the board comprises five members, three of whom reside in an area impacted by large-scale mineral development. At least one member must reside…

8.104.201 PUBLIC PARTICIPATION The Hard-Rock Mining Impact Board adopts and incorporates by reference ARM 8.2.201 through 8.2.206 which sets forth the Department of Commerce's public participation rules. A copy of the rules may be obtained from the Hard-Rock Mining Impact Board, …

8.104.202 GENERAL PROCEDURAL RULES The Hard-Rock Mining Impact Board adopts and incorporates by reference ARM 1.3.101 through 1.3.233 which sets forth the Attorney General's model procedural rules. A copy of the model rules may be obtained from the Hard-Rock Mining Impact Board, …

8.104.203 FORMAT AND CONTENT OF PLAN The format and substance of the plan must allow for a ready review and analysis of the plan, its several parts, and how they relate to one another. The format of the plan must contain the following elements: the name, address and phone number …

8.104.203A DEFINITIONS For purposes of these rules, the term "impact, or impacted area" means the geographic or jurisdictional area or areas of the affected or potentially affected local government units identified in an impact plan. Authorizing statute(s): Sec. 90-6-305, MCA Imp…

8.104.204 SUBMISSION AND PROOF OF SUBMISSION OF PLAN The developer shall submit 12 copies to the board and a sufficient number of copies to each affected county for distribution. The board will accept as proof of the date of receipt of an impact plan by an affected county a dated…

8.104.205 NOTICE OF RECEIPT OF PLAN FOR REVIEW Upon receiving the submitted plan, the governing body of each affected county shall publish notice of its receipt of the plan at least once in a newspaper of general circulation in the county. The notice must appear in large, readabl…

8.104.206 COMPUTATION OF TIME In computing any period of time prescribed by 90-6-301 through 90-6-311, MCA, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be include…

8.104.207 CONTENTS OF OBJECTION TO PLAN An objection to an impact plan submitted to the board must contain or show: the name(s) of the developer(s) , the project and the impact plan; the date the objection is submitted; the name of the local government unit(s) raising the objecti…

8.104.208 SUBMISSION OF OBJECTIONS TO BOARD At least 15 copies of the objection(s) must be filed with the board and a copy filed with each affected local government unit. Authorizing statute(s): Sec. 90-6-305, MCA Implementing statute(s): Sec. 90-6-307, MCA History: NEW, 1982 MAR…

8.104.208A FILING OF OBJECTIONS DURING EXTENSION PERIOD Only those affected local government units which have requested a 30-day extension of the initial review period pursuant to 90-6-307(6) , MCA, may file objections to the plan during this extension. However, if an objection f…

8.104.209 NOTIFICATION OF BOARD CONCERNING NEGOTIATIONS ON PLAN By the end of the 30-day negotiation period described in 90-6-307(6) , MCA, all affected parties shall notify the board in writing of the outcome of their negotiation efforts, specifying which objections have been re…

8.104.210 EX PARTE COMMUNICATIONS WITH BOARD MEMBERS No representative of any party to the plan may communicate with any board member outside the context of a public meeting on any issue related to the plan until the plan has received final approval. During the 90-day review peri…

8.104.211 IMPLEMENTATION OF APPROVED IMPACT PLAN The Hard-Rock Mining Impact Account may receive direct industry monies, in accordance with the commitments made by the developer in an approved impact plan, and may receive money from the developer's financial guarantee to ensure p…

8.104.211A WAIVER OF IMPACT PLAN REQUIREMENT is hereby repealed. Authorizing statute(s): Sec. 90-6-305, 90-6-307, MCA Implementing statute(s): Sec. 90-6-307, MCA History: NEW, 1986 MAR p. 1826, Eff. 10/31/86; REP, 1994 MAR p. 2718, Eff. 10/14/94.

8.104.211B EVIDENCE OF THE PROVISION OF SERVICE OR FACILITY For purposes of 90-6-307(12) , MCA, the board will accept as evidence that an affected local government unit is providing or is preparing to provide an additional service or facility provided for in an approved plan a le…

8.104.212 ADOPTION OF POLICIES OR GUIDELINES From time to time, the board may adopt policies or guidelines relating to its internal operations; to the preparation, content, review and implementation of impact plans; to the relationship between developers and local government unit…

8.104.213 MODIFICATION OF PLAN An impact plan or a proposed amendment to an approved plan may be modified during the review period, the negotiation period, or an extension of either, by mutual consent of the developer and the local government units affected by the modification. M…

8.104.214 FINANCIAL GUARANTEE OF TAX PREPAYMENTS The financial guarantee required of a developer by 90-6-309(3), MCA, to assure that property tax prepayments will be paid as needed by local government units must, at a minimum, meet the following requirements: The guarantee must c…

8.104.215 PROVISION OF TAX CREDITS As required by 90-6-309, MCA, each year after the start of production, the local government unit must provide for tax crediting as specified in the approved impact plan. A tax credit must be made from the local government fund that corresponds t…

8.104.216 EVIDENCE OF THE PROVISION OF SERVICE OR FACILITY is hereby repealed. Authorizing statute(s): Sec. 90-6-305, MCA Implementing statute(s): Sec. 90-6-307, MCA History: NEW, 1984 MAR p. 1826, Eff. 10/31/86; REP, 1994 MAR p. 2718, Eff. 10/14/94.

8.104.217 CONTENTS OF PETITION FOR PLAN AMENDMENT Under certain circumstances the mineral developer or the governing body of an affected county (on its own behalf or on behalf of another affected government unit within the county) may petition the board to amend an approved impac…

8.104.218 WAIVER OF IMPACT PLAN REQUIREMENT The board will grant a waiver or a conditional waiver of the impact plan requirement to a large-scale mineral development permittee, as authorized by 90-6-307(14), MCA, if: The permittee and the governing bodies of all potentially affec…

8.104.301 GENERAL PROVISIONS is hereby repealed. Authorizing statute(s): Sec. 90-6-305, MCA Implementing statute(s): Sec. 90-6-305, MCA History: NEW, 1982 MAR p. 2140, Eff. 12/17/82; REP, 2002 MAR p. 1660, Eff. 6/14/02.

8.104.302 CONTENT OF GRANT APPLICATIONS is hereby repealed. Authorizing statute(s): Sec. 90-6-305, MCA Implementing statute(s): Sec. 90-6-305, MCA History: NEW, 1982 MAR p. 2140, Eff. 12/17/82; AMD, 1994 MAR p. 2718, Eff. 10/14/94; REP, 2002 MAR p. 1660, Eff. 6/14/02.

8.104.303 SUBMITTAL DEADLINES is hereby repealed. Authorizing statute(s): Sec. 90-6-305, MCA Implementing statute(s): Sec. 90-6-305, MCA History: NEW, 1982 MAR p. 2140, Eff. 12/17/82; AMD, 1994 MAR p. 2718, Eff. 10/14/94; REP, 2002 MAR p. 1660, Eff. 6/14/02.

8.104.304 APPLICATION REVIEW PROCESS is hereby repealed. Authorizing statute(s): Sec. 90-6-305, MCA Implementing statute(s): Sec. 90-6-305, MCA History: NEW, 1982 MAR p. 2140, Eff. 12/17/82; REP, 2002 MAR p. 1660, Eff. 6/14/02.

8.104.305 CONTRACT WITH SUCCESSFUL APPLICANT is hereby repealed. Authorizing statute(s): Sec. 90-6-305, MCA Implementing statute(s): Sec. 90-6-305, MCA History: NEW, 1982 MAR p. 2140, Eff. 12/17/82; REP, 2002 MAR p. 1660, Eff. 6/14/02.