BEFORE THE DEPARTMENT OF COMMERCE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 8.94.3101 and 8.94.3102 pertaining to the administration of the Montana Historic Preservation Grant (MHPG) Program

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO: All Concerned Persons

 

            1. On November 15, 2021, at 10:00 a.m., the Department of Commerce will hold a public hearing via Zoom to consider the proposed amendment of the above-stated rules. Interested parties may access the remote conferencing platform in the following ways:

 

            a. Video: 

 

 https://mt-gov.zoom.us/j/89612235643?pwd=YjNBWDVXYzhLcHdacUQ2WmorSmM4dz09

 

Meeting ID: 896 1223 5643                        Password: 513655

 

            b. Phone:   Dial in by Telephone: 406-444-9999

 

Meeting ID: 896 1223 5643                        Password: 513655

 

            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 the Department of Commerce no later than 5:00 p.m., November 12, 2021, to advise us of the nature of the accommodation that you need. Please contact Bonnie Martello, Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0523; telephone (406) 841-2596; TDD 841-2702; fax (406) 841-2771; or e-mail [email protected].

 

3.  The rules proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

 

8.94.3101  INCORPORATION BY REFERENCE OF RULES FOR THE SUBMISSION AND REVIEW OF APPLICATIONS FOR THE MONTANA HISTORIC PRESERVATION GRANT PROGRAM  (1) The Department of Commerce adopts and incorporates by reference the Montana Historic Preservation Grant Program 2020 2022 Application and Guidelines for the 2023 2025 Biennium.

(2)  The rules incorporated by reference in (1) relate to the following:

      (a)  eligible applicants and projects;

      (b)  types of grants available under MHPG;

      (c)  general requirements for applying for MHPG grants;

(d)  application review process; and

(e)  administrative procedures and requirements.

           (3) Copies of the regulations adopted by reference in (1) may be obtained from the Department of Commerce, Community Development Division, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523, or on the web site at https://comdev.mt.gov/Programs-and-Boards/Montana-Historic-Preservation-Grant.

 

AUTH:  22-3-1305, 22-3-1306, MCA

IMP:     22-3-1305, 22-3-1306, MCA

 

REASON:  It is reasonably necessary to amend this rule to reflect legislative intent and guidance as outlined in HB 12 of the 67th Legislative Session.

 

            8.94.3102 INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE MONTANA HISTORIC PRESERVATION GRANT PROGRAM (1)  The Department of Commerce adopts and incorporates by reference the Montana Historic Preservation Grant Program Project Administration Manual (October 2021).

      (2)  The rules incorporated by reference in (1) relate to the following:

      (a)  project start-up requirements;

      (b)  environmental requirements;

      (c)  procurement requirements;

      (d)  financial management;

      (e)  protection of civil rights;

      (f)  labor requirements;

      (g)  project management;

      (h)  involving the public;

      (i)  project monitoring; and

      (j)  project closeout.

           (3) Copies of the regulations adopted by reference in (1) may be obtained from the Department of Commerce, Community Development Division, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523, or on the web site at https://comdev.mt.gov/Programs-and-Boards/Montana-Historic-Preservation-Grant.

 

AUTH:  22-3-1305, 22-3-1306, MCA

IMP:     22-3-1305, 22-3-1306, MCA

 

REASON: It is reasonably necessary to amend this rule to reflect legislative intent and guidance as outlined in HB 12 of the 67th Legislative Session.

 

            4. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to the Department of Commerce, Legal Department, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0501; telephone (406) 841-2596; TDD 841-2702; fax (406) 841-2771; or e-mail [email protected], and must be received no later than 5:00 p.m., November 19, 2021.

 

5. The Office of Legal Affairs, Department of Commerce, has been designated to preside over and conduct this hearing.

 

6. 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.

 

7. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

8. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rules will not significantly and directly impact small businesses.

 

 

/s/ Amy Barnes                                                         /s/ Adam Schafer                            

Amy Barnes                                                              Adam Schafer

Rule Reviewer                                                          Deputy Director

                                                                                  Department of Commerce

           

Certified to the Secretary of State October 12, 2021.