(1) "Act" means Title 90, chapter 2, part 11.

(2) "Department" means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33.

(3) "Financially feasible" means that adequate funds are available to complete the project as approved.

(4) "Mineral" means any precious stones or gems, gold, silver, copper, coal, lead, petroleum, natural gas, oil, uranium, or other nonrenewable merchantable products extracted from the surface or subsurface of the state of Montana.

(5) "Mineral development" means exploration, extraction, processing, or other activity related to the production of a mineral.

(6) "Project" means a planned and coordinated action or series of actions addressing an objective consistent with the policy and purpose of the reclamation and development grants program. A project may consist of problem analysis, feasibility or design studies, environmental monitoring, remedial action plans or implementation, technology demonstration, research, construction or acquisition of capital facilities, or other related actions.

(7) "Public benefits" means those benefits that accrue to citizens as a group and enhance the common well-being of the people of Montana.

(8) "Public RESOURCES" means the natural RESOURCES of the state, including air, water, soil, minerals, vegetation, and fish and wildlife, and the economic, social, and cultural conditions of Montana citizens.

(9) "Qualified" means that an application convincingly demonstrates public benefits, need, and technical and financial feasibility.

(10) "Technically feasible" means that a project or activity can be designed, constructed, operated, or carried out to accomplish its objectives, utilizing accepted engineering and other technical principles and concepts.

(2) Only projects that will be conducted in Montana are eligible for funding.

This rule has been repealed.

(2) Qualified mineral development impacts and crucial state need categories are of equal priority. The "other" project category is subordinate in priority to the other two categories.

(3) An applicant shall clearly designate in the application which one of the following three categories it is applying under: mineral development impacts, crucial state need, or other.

(4) Based on its review and evaluation of applications as set forth in ARM 36.19.201, the department may assign an application to a different category than that which was originally filed.

(5) Projects categorized as "other" shall only be recommended for funding if they are qualified and only to the extent that there are funds remaining after funding recommendations are made in the mineral development impacts and crucial state need categories.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(2) The department will publicly notice the date on which a grant cycle commences, which will be not later than February 15 of even-numbered years.

(2) Crucial state need applications will be further evaluated to determine if the project clearly and convincingly documents a set of circumstances or conditions that require action to prevent or eliminate severe and unacceptable damage to public RESOURCES or to capture extraordinary public benefits that would otherwise be lost. In order to assist the department in making this determination, crucial state need applicants shall submit with their application an opinion from a knowledgeable and authoritative source, preferably a state agency, relative to the following:

(a) the potential threat to public health and safety;

(b) the validity of the problem or need;

(c) the consequence of no action or delayed action;

(d) the severity of the problem or need;

(e) the estimated number of people affected, directly and indirectly;

(f) the level of support for the project;

(g) whether the stated objectives will meet the need; and

(h) whether the source supports the project.

(3) Crucial state need applications which do not meet the requirements of preceding subsection (2) , but which are otherwise qualified, will be assigned to the category designated "other".

(4) All qualified applications will be evaluated for individual merit as well as for relative merit, except that projects designated as "other" shall not compete against qualified mineral development impacts or crucial state need projects.

(1) After department review and evaluation procedures are completed, qualified projects will be ranked according to 90-2-1112 , 90-2-1113 (1-8) , MCA, and these rules.

(2) The department will utilize a numerical point-scoring system to rank all qualified projects. Mineral development impacts and crucial state need project rankings shall be separate from ranking of "other" projects.

(3) The results of this scoring will determine prioritized recommendations for funding made to the governor.

(4) Not all ranked projects may be recommended for funding dependent on the availability of funds.

(5) The applicant will receive written notification of the action taken on the application by the department and the legislature.

(2) The department shall provide for outside technical review of applications by other public or private agencies or professionals when deemed necessary to ensure adequate review.

This rule has been repealed.

This rule has been repealed.

(2) The department will reimburse the grantee only for necessary expenditures incurred in compliance with the grant contract.

(3) Expenses incurred by the grantee before the effective date of the contract will not be reimbursed by the department.

(4) Any balance of a grant that remains unused at the conclusion of the grant contract period shall revert to the reclamation and development grants special revenue account.

(2) The department shall make a biennial accounting to the legislature concerning the status of previously funded projects.

This rule has been repealed.

(2) The results of all projects that are funded shall be made available to the public.