BEFORE THE DEPARTMENT OF FISH, WILDLIFE AND PARKS

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 12.10.103 and 12.10.104 pertaining to shooting range grants

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NOTICE OF PROPOSED AMENDMENT   NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

1. On October 9, 2014, the Department of Fish, Wildlife and Parks (department) proposes to amend the above-stated rules.

 

2. The department 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 no later than 5:00 p.m. on July 25, 2014, to advise us of the nature of the accommodation that you need. Please contact Jessica Snyder, Department of Fish, Wildlife and Parks, P.O. Box 200701, Helena, Montana, 59620-0701; telephone (406) 444-9785; fax (406) 444-7456; or e-mail [email protected].

 

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

 

            12.10.103  GRANT APPLICATION PROCEDURE (1) remains the same.

            (2)  Applications must be postmarked on or before May February 1.

            (3) and (4) remain the same.

 

            AUTH: 87-1-201, 87-1-279, MCA

            IMP:  87-1-201, 87-1-276, 87-1-277, 87-1-278, 87-1-279, 87-2-105, MCA

 

            12.10.104  REIMBURSEMENT OF COSTS (1)  All billing on a proposed project must be completed by the end of each biennium June 15 of the fiscal year the money is awarded.

            (2) and (3) remain the same.

            (4) Per 87-1-278, MCA, existing assets and shooting range developments may not be applied to the matching funds or in-kind contributions. Existing assets and shooting range developments are fixed improvements to the shooting range owned or made prior to the award of the grant.

 

            AUTH: 87-1-201, 87-1-279, MCA

            IMP: 87-1-201, 87-1-276, 87-1-278, 87-1-279, 87-2-105, MCA;

 

REASON:  The proposed amendment of the application date provides application approval, award letter, and contract negotiations to be complete by July 1 instead of August or September. This provides the shooting range grant recipients more time in Montana's construction season to complete their project. Also, the department is proposing a definition of existing assets for clarity and consistency.

 

4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to:  Department of Fish, Wildlife, and Parks, Communications and Education Division, P.O. Box 200701, Helena, Montana, 59620-0701; fax (406) 443-2561; or e-mail [email protected], and must be received no later than August 8, 2014.

 

5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to the above address no later than August 8, 2014.

 

6. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register.  Ten percent of those directly affected has been determined to be more than 25 persons based on the number of members of shooting ranges across Montana.

 

7. The department maintains a list of interested persons who wish to receive notice of rulemaking actions proposed by the department or commission. Persons who wish to have their name added to the list shall make written request that includes the name and mailing address of the person to receive the notice and specifies the subject or subjects about which the person wishes to receive notice. Such written request may be mailed or delivered to Fish, Wildlife and Parks, Legal Unit, P.O. Box 200701, 1420 East Sixth Avenue, Helena, MT 59620-0701, faxed to the office at (406) 444-7456, or may be made by completing the request form at any rules hearing held by the department.

 

8. 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 this 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.

 

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

 

10. 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/ M. Jeff Hagener                                                  /s/ Aimee Fausser

M. Jeff Hagener                                                      Aimee Fausser

Director                                                                  Rule Reviewer

Department of Fish, Wildlife and Parks

           

            Certified to the Secretary of State June 30, 2014.