Title 80, Title 80

(1) As used in this chapter, the following definitions apply: (a) "Agricultural land" means land actively devoted to agricultural use as defined in 15-7-202. (b) "Authority" means the department of agriculture provided for in 2-15-3001. (c) "Bonds" means bonds or bond anticipatio…

The authority may: (1) retain professional consultants and advisers; (2) adopt rules governing its procedures; (3) purchase agricultural loans made by financial institutions; (4) issue bonds, in accordance with 80-12-301, necessary to provide funds for implementing this chapter; …

The powers enumerated in this chapter must be interpreted broadly to effectuate the purposes of the authority and may not be construed as a limitation of powers.

(1) Each loan approved by the authority for issuance of a bond must include a loan agreement providing a payment schedule that may not exceed 30 years. (2) The agreement must specify a reasonable rate of interest, which rate may be a variable rate provided the method of determina…

If an applicant who has obtained the approval of the authority for the issuance of a bond to fund the applicant's loan for the acquisition of farm or ranch land sells the land for which the loan was made to any person, firm, or corporation other than the applicant's spouse, child…

(1) To be eligible for a loan approved by the authority for issuance of a bond, an applicant: (a) shall declare the intention to maintain the applicant's residence in Montana during the length of the loan; (b) must have been approved by a financial institution; and (c) must have …

(1) The authority shall by rule establish: (a) procedures and standards for evaluating applications for loans to be approved by the authority for issuance of bonds; and (b) a system for evaluating the applicants, considering the following criteria: (i) the applicant's net worth; …

The authority may purchase loans and make advance commitments to purchase loans from a financial institution at prices and upon terms and conditions established pursuant to 80-12-201 through 80-12-204 and rules promulgated by the authority.

A landowner who sells land consisting of 80 acres or more to a beginning farmer at 9% or less interest on a long-term contract is entitled to a reduction in the landowner's taxable income in an amount equal to 100% of any income or capital gain, or both, realized and otherwise su…

(1) The authority may guarantee and make commitments to guarantee payment required by a loan funded under this chapter or any other agricultural loan for which a guaranty has been approved by the authority upon such terms and conditions as the authority may prescribe in accordanc…

(1) The authority shall create an agricultural loan guaranty fund. The fund must be held by a trustee or other fiduciary designated by the authority. There must be deposited into the fund amounts, insurance fees, premiums, and such other revenues and assets as the authority consi…

(1) The authority may issue bonds of the state of Montana in a principal amount it determines necessary to provide sufficient funds for achieving any of the purposes of the Montana agricultural loan authority program, including the payment of interest on bonds, establishment of r…

A resolution or trust indenture authorizing any bonds or any issue thereof may contain provisions, which shall be a part of the contract or contracts with the holders thereof, as to: (1) pledging all or any part of the revenues or the property of the authority to secure the payme…

In the discretion of the authority, the bonds may be secured by a trust indenture between the authority and a corporate trustee, which may be a trust company or bank having the power of a trust company within or without the state.

Bonds issued by the authority are negotiable instruments under the Uniform Commercial Code, subject only to the provisions for registration of bonds.

Bonds issued by the authority under this chapter and their transfer and income, including any profits made on their sale, are exempt from taxation by the state or any political subdivision or other instrumentality of the state, except for estate taxes. The authority is not requir…

The authority, subject to existing agreements with bondholders, may from any funds available for that purpose purchase bonds of the authority, which shall thereupon be canceled, at a price not exceeding: (1) the current redemption price plus accrued interest to the next interest …

In accordance with the constitutions of the United States and the state of Montana, the state pledges that it will in no way impair the obligations of any agreement between the authority and the holders of notes and bonds issued by the authority.

A pledge made by the authority is valid and binding from the time the pledge is made. The revenues or property pledged and thereafter received by the authority is immediately subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of a…

The authority members and department members are not personally liable for any debt incurred by the authority.

If an authority member whose signature appears on bonds or coupons ceases to be a member before the delivery of the bonds, the signature continues to be valid and sufficient for all purposes.

There is an agricultural loan authority enterprise fund in the enterprise fund type provided for in 17-2-102. All funds from the proceeds of bonds issued under this chapter, fees and other money received by the authority, money appropriated by the legislature for the use of the a…

(1) The authority shall pay into one or more capital reserve accounts any: (a) money appropriated and made available by the state for the purpose of the fund; (b) proceeds of sale of bonds to the extent provided in the resolutions of the authority authorizing their issuance or in…

Refunding obligations issued as provided in 90-6-121 may be sold or exchanged for outstanding obligations issued under this chapter. The proceeds may be applied to the purchase, redemption, or payment of outstanding obligations. Pending the application of the proceeds to the paym…

The authority may provide for the issuance of refunding obligations to refund any obligations then outstanding that have been issued under this chapter, including the payment of any redemption premium and any interest accrued or to accrue to the date of redemption of the obligati…

This chapter may be cited as the "Montana Agricultural Chemical Ground Water Protection Act".

Unless the context requires otherwise, in this chapter, the following definitions apply: (1) "Agricultural chemical" means any of the following: (a) a pesticide as defined in 80-8-102; (b) an isomer, degradation, or metabolic product of a pesticide; or (c) a commercial fertilizer…

It is the public policy of this state to: (1) protect ground water and the environment from impairment or degradation due to the use of agricultural chemicals; (2) allow for the proper and correct use of agricultural chemicals; (3) provide for the management of agricultural chemi…

(1) The department and the department of environmental quality shall administer this chapter. (2) The department of environmental quality is responsible for the establishment and enforcement of agricultural chemical ground water standards and interim numerical standards as author…

(1) The department of environmental quality, subject to the provisions of 80-15-110, shall adopt rules for the administration of this chapter for which the department of environmental quality has responsibility. These rules must include but are not limited to: (a) standards and i…

(1) The department, in cooperation with the Montana state university-Bozeman extension service, shall develop and conduct appropriate educational programs to promote the policy specified in 80-15-103. The department and the Montana state university-Bozeman extension service may c…

The department or the department of environmental quality shall promote, for the purposes described in 80-15-103, cooperative ground water research programs with units of the university system and associated agricultural experiment stations, the bureau of mines and geology, and o…

(1) The department and the department of environmental quality shall maintain the confidentiality of data declared confidential by EPA and chemical registrant data and information protected from disclosure by federal or state law. (2) The department of environmental quality shall…

(1) After April 14, 1995, except as provided in subsections (2) through (5) or unless required by state law, the department of environmental quality may not adopt a rule to implement this chapter that is more stringent than the comparable federal regulations or guidelines that ad…

(1) The department of environmental quality shall adopt standards and, as applicable, interim numerical standards for agricultural chemicals in ground water. The standards must be the same as any promulgated or nonpromulgated federal standard established by EPA, although the depa…

(1) The department or the department of environmental quality shall conduct monitoring programs to determine: (a) whether residues of agricultural chemicals are present in ground water; and (b) the likelihood of an agricultural chemical to enter ground water, if either department…

(1) When providing preliminary monitoring results or confirmed monitoring results to ground water users or the public, the department and the department of environmental quality shall also provide any applicable standard or interim numerical standard. (2) When monitoring results …

The department shall develop and implement a general state agricultural chemical ground water management plan to achieve the policies of 80-15-103. This plan must include general program elements set forth in this chapter and best management plans and best management practices. P…

(1) Except as provided in 80-15-216, the department shall develop and implement agricultural chemical ground water management plans specific to particular agricultural chemicals and to a defined geographical area when the level of an agricultural chemical found in ground water is…

(1) (a) In developing general and specific agricultural chemical ground water management plans, the department shall consider the current and potential beneficial use of the ground water included in or affected by the plans. (b) If the ground water has not been classified: (i) th…

(1) A specific agricultural chemical ground water management plan must include: (a) requirements to prevent ground water impairment that are based on ground water use, value, and vulnerability and that address all applicable aspects of agricultural chemical use; and (b) requireme…

(1) When developing and implementing a specific agricultural chemical ground water management plan, the department shall consider the benefits of appropriate use of the agricultural chemical and shall consult with the Montana state university-Bozeman extension service. (2) Within…

The department may develop and implement a commercial fertilizer ground water management plan if the department and the department of environmental quality determine that residues from commercial fertilizer are present in the ground water or when EPA implements a program to prote…

(1) The department shall adopt specific agricultural chemical ground water management plans through rulemaking; however, the department may implement emergency plans as set forth in 80-8-105(4) or as authorized by the Montana Administrative Procedure Act. Prior to rulemaking, the…

A person who sells agricultural land that is subject to the provisions of a specific agricultural chemical ground water management plan shall provide the buyer with written notice about the buyer's obligations under the plan and shall forward a copy of the notice to the departmen…

(1) There is a department of agriculture agricultural chemical ground water protection special revenue account and a department of environmental quality agricultural chemical ground water protection special revenue account within the state special revenue fund established by 17-2…