BEFORE THE DEPARTMENT OF COMMERCE

OF THE STATE OF MONTANA

 

In the matter of the adoption of New Rules I and II pertaining to the administration of the Montana Historic Preservation Grant (MHPG) Program

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NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION

 

TO: All Concerned Persons

 

            1. On December 2, 2019, at 11:00 a.m., the Department of Commerce will hold a public hearing in Room 228 of the Park Avenue Building at 301 South Park Avenue, in Helena, Montana, or by conference call 1-877-273-4202, conference room 7865396, to consider the proposed adoption of the above-stated rules.

 

            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 29, 2019, 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 as proposed to be adopted provide as follows:

 

NEW RULE I  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 Application and Guidelines for the 2023 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: Ch. 459, Sec. 6, L. 2019

IMP:  Ch. 459, Sec. 6, L. 2019

 

            NEW RULE II 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.

      (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: Ch. 459, Sec. 6, L. 2019

IMP:  Ch. 459, Sec. 6, L. 2019

 

REASON:  The proposed rules are necessary to implement and administer the Montana Historic Preservation Grant Program as required by SB 338 of the 2019 Legislative Session.

 

            4.  The effective date for the proposed rules will be January 1, 2020.

 

            5. 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., December 6, 2019.

 

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

 

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 2 above or may be made by completing a request form at any rules hearing held by the department.

 

8. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled.  The primary bill sponsor, Senator Terry Gauthier, was contacted on October 29, 2019 by e-mail at [email protected].

 

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

 

 

/s/ Amy Barnes                                                         /s/ Tara Rice                        

Amy Barnes                                                             Tara Rice

Rule Reviewer                                                          Director

                                                                                 Department of Commerce

           

Certified to the Secretary of State October 29, 2019.