This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(2) "Grant" means an amount of money paid by the board from the aviation and airline gas tax state special revenue fund to an eligible recipient for aeronautically related projects, which does not require repayment of funds.

(3) "Loan" means an amount of money temporarily paid by the board from the aviation and airline gas tax state special revenue fund to an eligible recipient for aeronautically related projects, which requires repayment of the full amount at the interest rate and term set by the board.

(4) "Pavement preservation grant" means a grant awarded by the board with highest priority to primary commercial service airports for the specific purpose of maintaining and preserving those pavements utilized by air carrier operations.

(5) "Primary commercial service airport" means any airport that enplanes 10,000 or more scheduled passengers per year.

(a) Federal entities are ineligible for grant or loan monies.

(b) Private persons, private corporations, and private entities are ineligible for grant or loan monies.

(1) All grant or loan monies awarded under this program must be utilized specifically for aviation or aeronautically related projects. The proposed projects must be detailed in an application submitted by a public sponsor, on a form provided by the board. The applicant is responsible for retaining and providing documentation to ensure all monies received under the program are spent as applied for within the application.�

(2) Applicants may submit one application only for each eligible public sponsor. A single sponsor may apply for funding for multiple aeronautically related projects or for multiple separate categories of work within a project by listing separate line items for which a grant or loan is sought. Retroactive projects which have been completed before the date of application are also eligible for grants or loans. Separate projects or categories of work on each application shall be evaluated, reviewed, and selected for award individually, according to the board's priority process under ARM 18.13.406.

(3) Changes by the applicant to application information may be made at any time up to and including the date of the board's annual grant and loan review meeting, if the changes meet all original application requirements. Changes may include, but are not limited to: cost estimates, change in sponsor priorities of separate line-item categories of work, and other changes as allowed by the board. New projects or new categories of work which did not appear on the original application will not be considered by the board. Applications may be withdrawn by an applicant at any time.

(4) Grants may be awarded for up to and including 100% of an applicant's share of total project cost regardless of assistance from federal sources.

(5) Loans may be provided for up to and including 100% of an applicant�s share of total project cost regardless of assistance from federal sources.

(6) Loans will be provided for a period of ten years and amortized using the fixed principal method. Interest repayment rates for loans are one half of federal prime lending rate of the first week of January of the preceding fiscal year for which the loan is provided. Interest will be compounded annually. Repayments are made annually and are due in full, or prorated as necessary, by the last day of February of each year. Successful applicants have the option of paying off their loans in full at any time after payment of award without additional interest or penalty.

(7) Grant and loan recipients must follow the board's close-out procedure under ARM 18.13.407 at the conclusion of the eligible project or category of work approved by the board. A recipient of a grant or loan must retain all records of transactions and disbursements of grant or loan monies for a period of three years after completion of the project for which the grant or loan was awarded. By accepting a grant or loan, a recipient agrees that upon reasonable notice, the state of Montana may audit the records supporting the acquisition and disbursement of the grant or loan monies.

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(1) All eligible applicants must complete the application form found on the Department of Transportation's web site at www.mdt.mt.gov. Paper copies of the application may be obtained by contacting the Aeronautics Division at P.O. Box 200507, Helena, MT 59620-0507. Applications for the next following fiscal year grant and loan program will be accepted by the Aeronautics Division at any time after July 1st of each year. Completed applications and all supplemental materials must be submitted electronically, by first class mail, e-mail, or hand delivery to the Aeronautics Division to be received or postmarked no later than November 15 of the appropriate year. The deadline may be subject to change by the Aeronautics Division after official notification of any change in the deadline that is posted on the Department of Transportation's web site and sent to the official manager of record of every eligible airport.

(2) Each application must be complete and accompanied by all required supplemental materials. The Aeronautics Division reserves the right to reject ineligible, incomplete, or otherwise improper applications. Applications submitted electronically via the Aeronautics Division's web site must be verified via electronic signature. The Aeronautics Division may request additional information if warranted after initial application review.

(3) There is no fee for any part of the application or review process.

(4) After the application submission deadline, the Aeronautics Division will review, organize and disseminate all applications to the board. The applicant is solely responsible for any incomplete, improperly edited or erroneous information submitted as part of the application.

(1) After the final submission deadline for applications, each board member will independently review each application prior to the board meeting.

(2) The board will hold an annual public grant and loan review meeting. Notice for the meeting will be in accordance with state law. The board may allow applicants, supporters or opponents to speak or provide for a presentation regarding applications during the meeting. The board will review and discuss applications and vote on disbursement of grant and loan monies during the public meeting.

(3) Projects which are specifically related to airports and airport development will be given highest priority when evaluating applications for aeronautically related projects.

(4) The board may offer applicants amounts higher or lower than the amounts requested in the applications. The board may offer grants in place of loans and vice versa.

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(1) Successful applicants will receive approved monies after the start of the appropriate fiscal year for which the money was approved.

(2) All grant or loan offers will expire and all grant or loan payments must be disbursed by the end of the fiscal year for which they were approved, unless the Montana Aeronautics Board has approved an extension for the offer. All requests for extension shall be submitted to the Montana Aeronautics Division to be received or postmarked no later than the third Friday in May. This deadline may be subject to change by the Aeronautics Division after official notification of any change in deadlines is posted on the Department of Transportation’s web site and sent to all affected grant or loan offer recipients.

(3) The Aeronautics Division must be in receipt of the appropriate documents listed below, or any combination as requested by the board in its grant or loan application approval, prior to disbursing payment for approved grants or loans. The Aeronautics Division will accept copies of an appropriate federal aid agreement directly from the Federal Aviation Administration. Other listed documents must be received directly from the grant or loan recipient before payment will be made by the Aeronautics Division. The Aeronautics Division will make payment upon receipt of all necessary documents.

(4) A grant for a nonfederally aided project must include:

(a) signed approval of sponsor's attorney; and

(b) official notice to proceed.

(5) A loan for a nonfederally aided project must include:

(a) signed approval of sponsor's attorney;

(b) signed loan repayment resolution; and

(c) official notice to proceed.

(6) A grant for a federally aided project must include:

(a) signed approval of sponsor's attorney; and

(b) copy of federal aid agreement.

(7) A loan for a federally aided project must include:

(a) signed approval of sponsor's attorney;

(b) signed loan repayment resolution; and

(c) copy of federal aid agreement.

(8) If an applicant fails to submit required documentation necessary for disbursement, or requests an extension for disbursement but does not receive disbursement within the fiscal year for which the grant or loan was awarded, grants and loans will revert back to the same special aeronautics grant or loan account in the state special revenue fund from which they were originally appropriated. The reverted funds may then be awarded in the future to any successful applicant.

(9) Grants and loans awarded by the board for a fiscal year, but not disbursed to the applicant within that fiscal year, will revert to the same special aeronautics grant or loan account in the state special revenue fund from which they were originally appropriated to be used for future grant or loan awards to any applicant.

(10) Each grant or loan recipient must submit a close-out report, on a form provided by the board, within 30 days after closure of the project or board-approved category of work, or within one year after fund disbursement, whichever occurs earliest. If the project is not completed within one year following fund disbursement, the grant or loan recipient must provide a status report detailing the reason the project has not been closed, and projected closure date upon which the close-out report will be filed.

(11) The close-out report must include information on amount requested, amount awarded by the board, and amount actually spent on board-approved project work. The grant or loan recipient must adequately account for expenditures in a manner acceptable to the board.

(12) The board may request reimbursement from the grant or loan recipient of awarded and disbursed funds not actually spent on board-approved project work.

(13) The board may pay any additional amount not previously disbursed, which may be due to the grant or loan recipient for board-approved work, up to the total amount awarded by the board. The board will not request reimbursement nor make additional disbursement for any amounts under $500.

(14) Any grant or loan recipient which fails to provide the close-out form, status report, or any requested reimbursement is not eligible for future grant or loan awards until the deficiency is remedied.

(a) in writing;

(b) made by an applicant regarding that applicant's own application; and

(c) submitted to the Aeronautics Division no later than 30 days after the original grant or loan award by the board.

(2) The Aeronautics Division will distribute any request for reconsideration to the board. If a request for reconsideration is received, the board will schedule a meeting no later than 60 days after the deadline to submit a request for reconsideration. The board's decision on reconsideration is the final agency decision on the application.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.