Montana Administrative Code

10.102.9102 DEFINITIONS In addition to the definitions found in 90-1-403, MCA, the following definitions apply: "Council" means the Montana Geospatial Information Advisory Council as defined in 90-1-405, MCA. "Grant criteria" mean any specific grant conditions set forth by the st…

10.102.9103 APPOINTMENT OF LAND INFORMATION PLAN AND GRANT REVIEW SUBCOMMITTEES (REPEALED) Authorizing statute(s): 90-1-413, MCA Implementing statute(s): 90-1-404, MCA History: NEW, 2006 MAR p. 1864, Eff. 7/28/06; TRANS & AMD, from ARM 2.12.303, 2013 MAR p. 2420, Eff. 12/27/13; R…

10.102.9104 GEOSPATIAL INFORMATION PLAN A geospatialinformation plan will be developed to meet the purpose of the MontanaGeospatial Information Act, including the coordination, creation, collection, maintenance, integration, or dissemination of MSDI themes, geospatial standards, …

10.102.9105 ESTABLISHING THE GRANT APPLICATION AND GRANTING PROCESS The State Library will develop the grant criteriabased upon the goals and objectives from thegeospatial information plan, and will publish the grant criteria, grant application forms, and instructions for submitt…

10.102.9106 MONITORING THE MONTANA LAND INFORMATION ACCOUNT FUNDS (REPEALED) Authorizing statute(s): 90-1-413, MCA Implementing statute(s): 90-1-404, MCA History: NEW, 2006 MAR p. 1864, Eff. 7/28/06; TRANS & AMD, from ARM 2.12.306, 2013 MAR p. 2420, Eff. 12/27/13; REP, 2023 MAR p…

10.102.9107 OFF-CYCLE GRANTS The state library commission, with advice of the council, may approve requests for funding that fall outside of the regular grant cycle. Authorizing statute(s): 90-1-413, MCA Implementing statute(s): 90-1-404, MCA History: NEW, 2006 MAR p. 1864, Eff. …

10.11.101 DEFINITIONS The following definitions apply to this chapter. "Directly impacted by oil and gas development" means school districts in counties that had oil or natural gas production in FY 2015 or that are surrounded on their Montana borders by counties that had oil and …

10.11.102 DISTRIBUTION OF EXCESS OIL AND NATURAL GAS PRODUCTION TAXES In accordance with the quarterly distribution schedule established in 20-9-310(4)(a), MCA, the Office of Public Instruction shall allocate the excess oil and natural gas production taxes to school districts dir…

10.111.101 ORGANIZATIONAL RULE The Montana Arts Council was established by the statutes contained in Sec. 22-2-101 MCA. Sec. 2-15-1513 MCA transfers the Council to the Department of Education for administrative purposes. The Montana Arts Council encourages throughout the state th…

10.111.201 ADOPTION OF MODEL RULES The Montana Arts Council adopts the Attorney General’s Model Rules of Administrative Procedure. The model rules are found at ARM Title 1, chapter 3, subchapter 2. Authorizing statute(s): 2-4-202, MCA Implementing statute(s): 2-4-202, MCA History…

10.111.601 ELIGIBILITY FOR GRANTS (REPEALED) (REPEALED) Authorizing statute(s): 22-2-102, MCA Implementing statute(s): 22-2-102, MCA History: Eff. 12/31/72; REP, 2025 MAR, 10-111-2401, Eff. 1/11/25.

10.111.611 GRANT CONDITIONS (REPEALED) (REPEALED) Authorizing statute(s): 22-2-102, MCA Implementing statute(s): 22-2-102, MCA History: Eff. 12/31/72; REP, 2025 MAR, 10-111-2401, Eff. 1/11/25.

10.111.701 ELIGIBLE APPLICANTS Any person, association, or representative of a governing unit may submit an application for funding of a cultural and aesthetic project from the income of the trust fund. The term "governing unit" includes state, region, county, city, town, or Indi…

10.111.702 APPLICATION FORM FOR GRANT PROPOSALS The committee shall have prepared a standard application form for grant proposals to the committee. Authorizing statute(s): 22-2-303, MCA Implementing statute(s): 22-2-303, 22-2-308, MCA History: NEW, 1985 MAR p. 1756, Eff. 11/15/85…

10.111.703 APPLICATION DEADLINE (REPEALED) Authorizing statute(s): 22-2-303, MCA Implementing statute(s): 22-2-301, MCA History: NEW, 1985 MAR p. 1756, Eff. 11/15/85; REP, 2012 MAR p. 1662, Eff. 8/24/12.

10.111.704 ELIGIBLE PROJECTS Grant proposals must be for the purpose of protecting works of art in the state capitol or other cultural and aesthetic projects, including but not limited to the visual, performing, literary and media arts, history, archaeology, folk-lore, archives, …

10.111.705 CHALLENGE GRANTS FOR PERMANENT ENDOWMENT DEVELOPMENT (REPEALED) Authorizing statute(s): 22-2-303, MCA Implementing statute(s): 22-2-301, 22-2-308, 22-2-309, MCA History: NEW, 1985 MAR p. 1756, Eff. 11/15/85; AMD, 1989 MAR p. 979, Eff. 7/28/89; AMD, 1990 MAR p. 1458, Ef…

10.111.706 EVALUATION CRITERIA Evaluation criteria is established in the application and guidelines. Authorizing statute(s): 22-2-303, MCA Implementing statute(s): 22-2-302, 22-3-306, MCA History: NEW, 1985 MAR p. 1756, Eff. 11/15/85; AMD, 1990 MAR p. 1458, Eff. 7/27/90; AMD, 201…

10.111.707 CRITERIA FOR RECOMMENDATIONS Committee recommendations to the Legislature of those projects which meet the evaluation criteria to the extent possible also must address the following considerations: taken as a whole, grants should assist the entire state; recognizing th…

10.111.708 INCREMENTAL DISBURSEMENTS OF GRANTS (REPEALED) Authorizing statute(s): 22-2-303, MCA Implementing statute(s): 22-2-305, 22-2-306, MCA History: NEW, 1985 MAR p. 1756, Eff. 11/15/85; AMD, 1990 MAR p. 1458, Eff. 7/27/90; REP, 2012 MAR p. 1662, Eff. 8/24/12.

10.12.101 REQUIREMENTS FOR RECEIVING HIGH SCHOOL EQUIVALENCY TESTING CERTIFICATES Authorizing statute(s): Sec. 20-3-106(18), MCA Implementing statute(s): Sec. 20-2-121, MCA History: Eff. 9/13/71, MAR Pub. 11/26/77; REP, 1981 MAR p. 1891, Eff. 12/31/81.

10.12.102 METHODS OF APPLYING, FEES, WAITING PERIOD FOR RETESTING AND ISSUANCE OF EQUIVALENCY CERTIFICATES Authorizing statute(s): Sec. 20-3-106(18), MCA Implementing statute(s): Sec. 20-2-121, MCA History: Eff. 9/13/71, MAR Pub. 11/26/77; REP, 1981 MAR p. 1891, Eff. 12/31/81.

10.120.101 ORGANIZATIONAL RULE Organization of the Montana Historical Society. The Montana Historical Society was organized under an act of the legislative assembly of the Territory of Montana entitled "An Act to Incorporate the Historical Society of Montana" approved February 2,…

10.121.101 MODEL PROCEDURAL RULES The Montana historical society hereby adopts and incorporates by reference ARM 1.3.102 through ARM 1.3.232, which sets forth the Attorney General's model procedural rules. A copy of the model procedural rules may be obtained from the Montana hist…

10.121.501 GENERAL GUIDELINES The acquisition of collections shall be the responsibility of the Board of Trustees and staff of the Montana Historical Society. The society's collections shall be systematically expanded and shall be illustrative of the history of Montana in particu…

10.121.502 MUSEUM AND GALLERIES ACQUISITIONS (REPEALED) (REPEALED) Authorizing statute(s): 22-3-107, MCA Implementing statute(s): 22-3-107, MCA History: NEW, 1981 MAR p. 766, Eff. 7/31/81; REP, 2024 MAR p. 1872, Eff. 7/27/24.

10.121.503 LIBRARY ACQUISITIONS (REPEALED) (REPEALED) Authorizing statute(s): 22-3-107, MCA Implementing statute(s): 22-3-107, MCA History: NEW, 1981 MAR. p. 766, Eff. 7/31/81; REP, 2024 MAR p. 1872, Eff. 7/27/24.

10.121.504 ARCHIVES ACQUISITIONS (REPEALED) (REPEALED) Authorizing statute(s): 22-3-107, MCA Implementing statute(s): 22-3-107, MCA History: NEW, 1981 MAR p. 766, Eff. 7/31/81; REP, 2024 MAR p. 1872, Eff. 7/27/24.

10.121.701 MUSEUM LOANS TO SELECT GOVERNMENT OFFICES The Montana Historical Society may loan works of art to select offices within the state capitol complex with the approval of the Board of Trustees. Loans of works of art are limited to the following locations: Governor's Office…

10.121.702 LIBRARY LOANS (REPEALED) (REPEALED) Authorizing statute(s): 22-3-107, MCA Implementing statute(s): 22-3-107, MCA History: NEW, 1981 MAR p. 767, Eff. 7/31/81; REP, 2024 MAR p. 1872, Eff. 7/27/24.

10.121.703 ARCHIVES LOANS (REPEALED) (REPEALED) Authorizing statute(s): 22-3-107, MCA Implementing statute(s): 22-3-107, MCA History: NEW, 1981 MAR p. 767, Eff. 7/31/81; REP, 2024 MAR p. 1872, Eff. 7/27/24.

10.121.801 GRANT PROPOSALS (REPEALED) (REPEALED) Authorizing statute(s): 22-3-107, MCA; HB 871, 47th Legislature Implementing statute(s): 22-3-112, MCA; HB 871, 47th Legislature History: NEW, 1981 MAR p. 1059, Eff. 9/18/81; REP, 2024 MAR p. 1872, Eff. 7/27/24.

10.121.803 GRANT CONDITIONS (REPEALED) (REPEALED) Authorizing statute(s): 22-3-107, MCA; HB 871, 47th Legislature Implementing statute(s): 22-3-112 MCA; HB 871, 47th Legislature History: NEW, 1981 MAR p. 1059, Eff. 9/18/81; REP, 2024 MAR p. 1872, Eff. 7/27/24.

10.121.804 DISBURSEMENT OF GRANT FUNDS (REPEALED) (REPEALED) Authorizing statute(s): 22-3-107, MCA; HB 871, 47th Legislature Implementing statute(s): 22-3-112 MCA; HB 871, 47th Legislature History: NEW, 1981 MAR p. 1059, Eff. 9/18/81; REP, 2024 MAR p. 1872, Eff. 7/27/24.

10.121.901 POLICY State, federal, and other agencies are required or allowed by statute to consider the retention of heritage properties and paleontological remains on lands owned by the state in consultation with the state historic preservation officer. It is the policy of the M…

10.121.902 DEFINITIONS Terms defined in 22-3-421, MCA, have the same meaning in this subchapter and for the further purposes of this subchapter: "Action" means any undertaking, including a project or action considered under the Montana Environmental - Policy Act, which has the po…

10.121.903 INITIATION OF ANTIQUITIES CONSULTATION UNDER 22-3-424 , MCA The agency shall initiate reviews and studies required by 22-3-424, MCA, prior to initiating any action which has the potential to adversely affect heritage properties. The agency shall complete its review ear…

10.121.904 RESPONSIBILITY FOR ANTIQUITIES CONSULTATION The director of each agency is responsible for assuring compliance with 22-3-424, MCA, when actions involving his division may affect heritage properties or paleontological remains. Each agency may designate a position to man…

10.121.905 IDENTIFICATION OF HERITAGE PROPERTIES AND PALEONTOLOGICAL REMAINS The agency shall identify all known heritage properties and paleontological remains that are located on state lands within the area of effect. The agency shall use the following heritage value criteria i…

10.121.906 EVALUATION OF HERITAGE PROPERTIES AND PALEONTOLOGICAL REMAINS In consultation with the SHPO, and appropriate tribes or interested parties, the agency shall assure that any historic, prehistoric or architectural property identified in an area of effect has been evaluate…

10.121.907 AVOIDANCE OR MITIGATION OF ACTION IMPACTS After an agency has followed ARM 10.121.903 through 10.121.906 and found that no heritage properties or paleontological remains exist within an action's area of effect, the agency may proceed with the action. If sites within th…

10.121.908 EMERGENCY DISCOVERY OF HERITAGE PROPERTIES OR PALEONTOLOGICAL REMAINS If historic or prehistoric properties or paleontological remains are identified during the course of the action the agency shall, in accordance with 22-3-435, MCA, notify the SHPO immediately, provid…

10.121.909 FEDERAL HISTORIC PRESERVATION REVIEW CONSTITUTES COMPLIANCE The review of actions under 16 USC 470(f) (1996) shall constitute compliance with those sections of 22-3-424 and 22-3-430, MCA, which deal with heritage properties eligible for the register. Section 16 USC 470…

10.121.910 ADVICE TO SHPO ON PALEONTOLOGICAL REMAINS The SHPO may request an advisor or group of advisors to assist the SHPO in protecting paleontological remains in accordance with state statute and these rules. Such advisor or advisory group may participate in any of the activi…

10.121.911 MEMORANDUM OF AGREEMENT For a specific action or for a specific type of action, the agency may propose different procedures from those described in ARM 10.121.901 through 10.121.907 to the SHPO. The SHPO will respond to such request within 20 days of the receipt of a r…

10.121.912 ANTIQUITIES PERMITS The state historic preservation officer shall prepare and make available the criteria for granting antiquities permits and the applications for antiquities permits provided for under 22-3-432, MCA, using 36 CFR 61 as a guideline. The state historic …

10.121.913 DEPOSIT OF MATERIALS RELATED TO HERITAGE PROPERTY AND PALEONTOLOGICAL REMAINS The agency shall deposit with the SHPO all inventory reports and other pertinent documents, maps, photographs, and site forms generated in the course of complying with 22-3-421 through 22-3-4…

10.121.914 CONSULTATION UNDER 22-3-429 , MCA Agencies, federal agencies or state entities requesting consultation with the SHPO under 22-3-429, MCA, shall make such requests in writing to the SHPO and shall specifically reference the statute under which the request is made. Revie…

10.121.915 RIGHT TO PRIVACY IN INFORMATION OR DOCUMENTS PROVIDED TO A STATE AGENCY In instances in which an individual's right to privacy clearly exceeds the merits of public disclosure of information or documents submitted to an agency for decision making under this chapter, the…

10.121.916 SHPO STANDARDS, PROCEDURES, AND GUIDELINES SHPO standards, procedures, and guidelines shall be referenced in SHPO recommendations when required by statute or rule. The standards and guidelines used by the national park service of the United States department of the int…