(2) The Coal Board is attached to the Department of Commerce for administrative purposes only.

(3) Information or submissions: Inquiries regarding the board may be addressed to the administrative officer or chairman at the Coal Board, Department of Commerce, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523. Specific or general inquiries regarding the board may be addressed to the administrative officer.

(1) The Coal Board adopts and incorporates by reference the Attorney General's Model Rules of Procedure as stated in ARM 1.3.201, 1.3.202, and 1.3.211 through 1.3.233, and the Secretary of State's model rules as stated in ARM 1.3.101, 1.3.102, and 1.3.301 through 1.3.313 with the exceptions contained in this subchapter.

(1) As authorized by ARM 8.2.304(5), the board may categorically exclude projects from MEPA requirements which apply to ARM 8.2.328 and will not normally prepare either an environmental assessment or an environmental impact statement in considering applications for grants or loans to finance these projects. 

(1) The Coal 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 Coal Board, Department of Commerce, 301 South Park, P.O. Box 200523, Helena, Montana 59620-0523.

(1) The Coal Board must prescribe forms for grant applications, receive and consider applications for grants, and award grants to local governmental units, federally-recognized Indian tribes, school districts, and state agencies to assist local governmental units in meeting the local impact of coal development or decline by enabling them to adequately provide governmental services and facilities which are needed as a direct consequence of coal development or decline.

(2) Applications will be judged on the following five main guidelines:

(a) Demonstration of need:

(i) What assistance is required to eliminate or reduce a direct and obvious threat to the public health, safety or welfare that has been caused as a direct result of coal development or decline.

(b) Severity of impact:

(i) What has been the rapidity of growth or decline and subsequent development of the problem and the number of people affected.

(c) Degree of local effort:

(i) As applicable, what bonding, millage effort, or user charge has been made in the past, those currently being made, and what effort has been made to secure funds from other sources to answer needs.

(d) Availability of funds:

(i) What amount of funds is available in light of the total request submitted.

(e) Planning:

(i) How does the application fit into an overall plan for the orderly management of the existing or contemplated growth or decline problems.

(1) The purpose of the application form is to evaluate applicants for coal impact assistance and to establish priorities among those who may qualify for grants. Items to be considered include, but are not limited to, a description of the proposed project, proposed budget, projected completion date, the project's relationship to coal development, the applicant's budget, documentation of past and current local financial effort, current or on-going planning efforts related to the orderly management of the existing or contemplated growth or decline of coal impacts, and documentation of citizen participation.

(2) Applications will be evaluated based on the five criteria listed in ARM 8.101.301, and must include documentation of a completed environmental review process. The application shall be considered by the Coal Board during the next scheduled quarterly meeting after receipt of the completed application, and either be approved, denied, or tabled pending submittal of additional information to the Coal Board. The application form is available online.

(3) The application shall include a citation to the section of the Montana Code Annotated or, in the case of a federally recognized Indian tribe, federal statute or regulation which authorizes the applicant to make expenditures to provide for the proposed governmental service or facility.

(4) If the applicant for a grant is a federally recognized Indian tribe, its application must include a resolution of the tribal council or appropriate governing body waiving the applicant's jurisdictional immunity from suit on any issue specifically arising from the transaction of a grant obtained under this subchapter and agreeing to the adjudication of any dispute arising out of the grant transaction in the district court of the first judicial district of the state of Montana. In addition, the applicant must submit proof that it has requested approval of the transaction, including the waiver of immunity, by the secretary of the United States Department of Interior or his designated agent and that the secretary or his designated agent has either approved the transaction or found that the secretary's approval is unnecessary.

(5) Coal impact grant funds used for the preparation of plans, studies, analyses, or necessary research for the preparation of a preliminary engineering report must meet the requirements of the most current Uniform Application for Montana Public Facility Projects. Coal impact grant funds used for the preparation of a preliminary architectural report must meet the requirements described in the Coal Impact Grant Application. This application is available online at http://comdev.mt.gov/Boards/Coal.

This rule has been repealed.

(1) Grant applications shall be submitted to the administrative officer 45 days prior to the quarterly meeting.

(2) Other matters shall be submitted to the administrative officer ten days prior to board consideration.

(3) Exceptions to (1) and (2) shall be at the board's discretion.

(a) is seeking a grant to assist a local governmental unit in providing a service which the local government unit is legally responsible to provide in whole or in part, and such service must be expanded because of coal development or decline impact, and the applicant state agency is either joined in the application by the local governmental unit's governing body or has received letters of support from such authority; or

(b) is applying to provide a direct service to the Coal Board to enable the board to more effectively discharge its statutory responsibilities.

(1) Improvement districts and county water and sewer districts are eligible for grants to provide for the construction, reconstruction, expansion, and maintenance of a water and/or sewer system that serves:

(a) a new townsite which is needed as a direct consequence of coal development;

(b) a new residential development which is needed as a direct consequence of coal development; or

(c) an existing residential area where it can be demonstrated by the applicant that existing facilities are inadequate as a result of population growth which is a direct consequence of coal development.

(2) Counties may apply for and receive grants to pay for the expenses of rural improvement districts.

(3) Cities, towns, and consolidated units of local government may apply for and receive grants to pay for the expenses of special improvement districts.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.