BEFORE THE DEPARTMENT OF COMMERCE

OF THE STATE OF MONTANA

 

In the matter of the adoption of NEW RULES I through IV pertaining to the implementation of the Montana Indian Language Preservation Pilot Program

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NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION

 

TO: All Concerned Persons

 

1.  On June 26, 2013, at 1:30 p.m., the Department of Commerce will hold a public hearing in Room 228 of the Park Avenue Building, 301 South Park Avenue, Helena, Montana, 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., June 21, 2013, to advise us of the nature of the accommodation that you need. Please contact Heather Sobrepena-George, Department of Commerce, 301 South Park Avenue, P.O. Box 200505, Helena, Montana 59620-0505; telephone (406) 841-2775; TDD (406) 841-2731; facsimile (406) 841-2702; or e-mail to [email protected].

 

3. The rules as proposed to be adopted provide as follows:

 

NEW RULE I PERFORMANCE AND OUTPUT STANDARDS  (1)  The Montana Indian Language Preservation Pilot Program requires the following output and performance standards:

(a)  development of audio and visual recordings;

(b)  creation of dictionaries and other reference materials, including audio, visual, electronic, or written dictionaries;

(c)  creation and publication of curricula, which may include electronic curricula;

(d)  language classes;

(e)  language immersion camps;

(f)  storytelling; and

(g)  publication of literature.

(2) Each local program advisory board shall work with college tribal language instructors and class 7 American Indian language and culture specialist licensure evaluators to develop and adopt measurable and specific outcome requirements for their respective language preservation programs.

 

AUTH: Title 20, chapter 9, MCA

IMP: Title 20, chapter 9, MCA

 

REASON: The proposed rule is necessary to implement and administer the Montana Indian Language Preservation Pilot Project program and to create performance and output standards as required by Chapter 410, Section 1, Laws of 2013.

 

NEW RULE II DISTRIBUTION OF $2 MILLION IN MONTANA INDIAN LANGUAGE PRESERVATION PILOT PROGRAM GRANT FUNDS FOR THE 2014-2015 BIENNIUM  (1) $2 million in grant funds will be available starting July 1, 2013, for a total of $2 million for the biennium.

(2) Any unencumbered funds will revert to the general fund on June 30, 2015 with all tangible goods produced as a result of the funding due to the Montana Historical Society by September 15, 2014.

(3) Distribution of funds will be governed by individual contracts entered between the State Tribal Economic Development Commission and each tribal government, including the Little Shell Chippewa Tribe:

(a) The individual contracts will specify the method of distribution from the department to the tribal government;

(b) Program objectives and requirements must be incorporated into the overall contract between each tribal government and the State Tribal Economic Development Commission.

(4) Tribal governments shall distribute awarded funds through subrecipient agreements.

 

AUTH: Title 20, chapter 9, MCA

IMP: Title 20, chapter 9, MCA

 

REASON: It is necessary for the State Tribal Economic Development Commission which is attached to the Montana Department of Commerce for administrative purposes to define a method of distributing grant funds to tribal governments for language preservation projects as required by Chapter 410, Section 1, Laws of 2013.

 

NEW RULE III ACCOUNTING OF FUNDS IN THE MONTANA INDIAN LANGUAGE PRESERVATION PILOT PROGRAM  (1)  Recipients shall use an accounting system that conforms to Generally Accepted Accounting Principles (GAAP), in accordance with 18-4-311, MCA.

 

AUTH: Title 20, chapter 9, MCA

IMP: Title 20, chapter 9, MCA

 

            REASON: The proposed rule is necessary to ensure the use of adequate accounting systems in a standard format and to promote the efficient and transparent use of public funding.

 

NEW RULE IV USE OF FUNDS IN THE MONTANA INDIAN LANGUAGE PRESERVATION PILOT PROGRAM  (1)  Use of funds in the Montana Indian Language Preservation Pilot Program will be determined in coordination with collaborating partners no later than September 30, 2013.

 

AUTH: Title 20, chapter 9, MCA

IMP: Title 20, chapter 9, MCA

 

REASON: It is reasonably necessary for the State Tribal Economic Development Commission and collaborating partners to determine the uses of funds that preserve and protect Montana tribal languages.

 

4. Concerned persons may submit their data, views, or arguments in written form or a request for opportunity to submit data, views, or arguments in oral form to: Heather Sobrepena-George, Department of Commerce, 301 South Park Avenue, P.O. Box 200505, Helena, Montana, 59620-0505; telephone (406) 841-2775; TDD (406) 841-2731; facsimile (406) 841-2702; or e-mail to [email protected], and must be received no later than 5:00 p.m., June 5, 2013.

           

5. Ty L. Jones, Legal Counsel, 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 may 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 Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0501, by fax to (406) 841-2701, by e-mail to [email protected], or by completing a request form at any rules hearing held by the department.

 

7. 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.

 

8. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor, Senator Jonathan Windy Boy was contacted on May 17, 2013 by e-mail at [email protected].

 

 

 

/s/ G. Martin Tuttle                                        /s/ Meg O'Leary                    

G. MARTIN TUTTLE                                    MEG O'LEARY

Rule Reviewer                                             Director

                                                                        Department of Commerce

 

 

Certified to the Secretary of State May 23, 2013.