(1) The department has established the following distribution method, for nonadministrative expenses, of the Big Sky Economic Development Trust Funds:

(a) 75% must be allocated for distribution to local governments and tribal governments to be used for job creation projects; and

(b) 25% must be distributed to certified regional development corporations, tribal governments, and eligible economic development organizations for economic development planning activities.

(2) The department has established the following eligible use of Big Sky Economic Development Trust Funds:

(a) Awards to local governments and tribal governments for job creation projects shall include, but are not limited to:

(i) purchase of land, building, or equipment for the direct use of the assisted business;

(ii) lease rate reduction for lease of publicly or privately owned real property for the direct use of the assisted business;

(iii) relocation costs incurred in connection with moving the assisted business's physical assets to Montana;

(iv) wages of employees in net new jobs;

(v) employee training; and

(vi) administration.

(b) Awards to certified regional development corporations, local governments, tribal governments, and other eligible economic development organizations shall include the following economic development planning activities:

(i) support for business improvement districts and central business district redevelopment;

(ii) industrial development;

(iii) feasibility studies;

(iv) creation and maintenance of baseline community profiles;

(v) matching funds for federal funds; and

(vi) administration.

(3) The maximum funding levels for job creation projects are as follows:

(a) Local governments and tribal governments may not exceed $5,000 for each eligible job to be created by an eligible business, except that funding for a project in a high-poverty county may not exceed $7,500 for each eligible job.

(b) The eligible jobs used as the basis for determining the award amount shall be net new jobs to the business associated with the project in Montana and shall not include jobs transferred from any existing Montana operations of the business or any related entity.

(4) Entities must provide matching funds for job creation projects as specified below:

(a) Local governments and tribal governments shall provide equal matching funds for all job creation awards allocated under the program, except that the department may allow a 50% to 100% match requirement for projects located in a high-poverty county.

(b) Certified regional development corporations, local governments, tribal governments, and other eligible economic development organizations may be required to document or provide matching funds for economic development planning awards allocated under the program.

(5) The department may require full or partial repayment of the award, if the assisted business fails to create or maintain the number of net new eligible jobs as specified in the executed contract.