BEFORE THE DEPARTMENT OF COMMERCE
OF THE STATE OF MONTANA
In the matter of the amendment of ARM 8.94.3727 pertaining to the administration of the 2013-2014 Federal Community Development Block Grant (CDBG) Program
NOTICE OF PROPOSED AMENDMENT
NO PUBLIC HEARING
TO: All Concerned Persons
1. On July 28, 2014, the Department of Commerce proposes to amend the above-stated rule.
2. The Department of Commerce will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact Department of Commerce no later than 5:00 p.m. on July 17, 2014, to advise us of the nature of the accommodation that you need. Please contact Maria Jackson, Planning Program Specialist, Department of Commerce, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523; telephone (406) 841-2550; fax (406) 841-2771; TDD (406) 841-2702; or e-mail firstname.lastname@example.org.
3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:
8.94.3727 INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE 2013-2014 CDBG PROGRAM (1) The Department of Commerce adopts and incorporates by reference the Montana Community Development Block Grant Program FFY 2013-2014 Application Guidelines for Housing and Public Facilities Planning Grants (June 2014 Draft); the FFY 2013-2014 Application Guidelines for Noncompetitive Housing Grants; the FFY 2011 Application Guidelines for the Community Development Block Grant Economic Development Program as amended April 2012; the FFY 2012 Application Guidelines for the Community Development Block Grant Economic Development Program; the Montana Community Development Block Grant Economic Development Program FFY 2013-2014 Application Guidelines for Planning Projects; the Montana Community Development Block Grant FFY 2011 Application Guidelines for the Neighborhood Stabilization Program (NSP); the Montana Community Development Block Grant Program and Neighborhood Stabilization Program FFY 2013-2014 Grant Administration Manual published as rules for the administration of the CDBG and NSP programs; and the Montana Community Development Block Grant Program FFY 2013 and FFY 2014 Application Guidelines for Public Facilities Projects and the FFY 2013 and FFY 2014 Application Guidelines for Housing and Neighborhood Renewal Projects.
(2) remains the same.
(3) Copies of the Application Guidelines and Grant Administration Manual adopted by reference in (1) can be viewed on the department's web site at http://comdev.mt.gov/default.mcpx or http://cdbged.mt.gov/draftguidelines.mcpx, or may be obtained from the Department of Commerce, Community Development Division, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523.
AUTH: 90-1-103, MCA
IMP: 90-1-103, MCA
REASON: The Montana Community Development Block Grant Program FFY 2013-2014 Application Guidelines for Housing and Public Facilities Planning Grants referenced a specific application date of November 1, 2013, for the opening of the FFY13 planning grant cycle. Since the guidelines were intended to span both the FFY13 and FFY14 planning grant funding cycles, the proposed amendment would change the application date to July 11, 2014, to reflect the new date upon which Commerce will begin accepting applications for the federal fiscal year 2014 grant funding cycle.
4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to the Department of Commerce, Planning Bureau, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523; telephone (406) 841-2770; TDD 841-2702; fax (406) 841-2771; or e-mail DOCQS@mt.gov, and must be received no later than 5:00 p.m., July 24, 2014.
5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Maria Jackson at the above address no later than 5:00 p.m., July 24, 2014.
6. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be eligible applicants for FFY14 CDBG Housing and Public Facilities Planning Grants.
7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact listed in 4 above or may be made by completing a request form at any rules hearing held by the department.
8. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.
9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
10. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.
/s/ Kelly A. Lynch /s/ Douglas Mitchell
KELLY A. LYNCH DOUGLAS MITCHELL
Rule Reviewer Deputy Director
Department of Commerce
Certified to the Secretary of State June 16, 2014.