For the purpose of this subchapter, the following definitions apply:

(1) "Advisory council" means the technical oversight council composed of no more than 11 members who must have expertise in one or more of the subjects of tourism, visual assessment, tribal cultures and history, Montana history, resource protection, economic development, transportation, or planning.

(2) "Commission" means the transportation commission provided for in 2-15-2502, MCA.

(3) "Department" means the department of transportation provided for in Title 2, chapter 15, part 25, MCA.

(4) "Local government" means a county, a consolidated government, an incorporated city or town, a school district, or a special district.

(5) "Scenic-historic byway" means a public road or segment of a public road that has been designated as a scenic-historic byway by the commission, as provided in 60-2-601, MCA.

(6) "Tribal government" means a federally recognized government of any Indian tribe, nation, or other organized group, which owns land and has a reservation in Montana.

(1) The commission shall appoint an advisory council for the scenic-historic byways program.

(2) The advisory council shall:

(a) assist the department and the commission in designing the program;

(b) review applications for nominating roads to the scenic-historic byways program; and

(c) recommend to the commission roads that should be included in or deleted from the scenic-historic program.

(1) Montana's scenic-historic byways program will have two tiers of designation:

(a) Improved and paved roads that accommodate two-wheel drive vehicles would be designated as Montana byways.

(b) Less improved roads that may require four-wheel drive or high clearance vehicles would be designated as Montana backways.

(1) In order for a roadway to be nominated as a scenic-historic byway, local government or tribal government must prepare an application that follows the rules and procedures provided by the Montana department of transportation by the date specified for submittal each year.

(2) The application must adhere to the requirements for scenic-historic byway designations.

(1) The commission may designate roads to be included as part of the programs and may add or delete roads from the program.

(2) The commission may not designate a road as a scenic-historic byway without the concurrence of the affected local governments or tribal governments and the agencies responsible for maintenance and operation of the road.

(3) All land abutting the scenic-historic byway must be either in tribal government ownership within the boundaries of an Indian reservation or in public ownership.

(4) The application shall contain an explanation of the manner in which the byway meets one or more of the intrinsic qualities.  In addition, in the application the local government or tribal government shall set forth, to the extent possible, how the scenic-historic byway designation will:

(a) enhance the experience of the traveling public;

(b) stimulate or allow for economic development and new marketing strategies; and

(c) preserve intrinsic resources for the benefit of future generations.

(5) The proposed scenic-historic byway must possess at least one of the following intrinsic qualities:

(a) scenic;

(b) natural;

(c) historic;

(d) cultural;

(e) archeological; or

(f) recreational.

(6) The proposed scenic-historic byway must be an existing road that can safely accommodate expected traffic volumes.

(7) The proposed designation must have concurrence and approval of the application from local governments, tribal governments and agencies with jurisdiction of the road and adjacent to the road.

(8) The application shall contain a conceptual plan.  This conceptual plan for the corridor shall describe the process in which a corridor plan is to be developed.  The components to be included in the conceptual plan are how the nominating organization proposes to:

(a) enhance and protect the scenic-historic byway;

(b) develop essential services; and

(c) promote and market the byway on the local and regional level.  A corridor management plan may be substituted for the conceptual plan.

(9) A corridor management plan must be developed or in development within two years of a scenic-historic byway designation.  A scenic-historic byway will not be signed or indicated on the state tourism map until the corridor management plan is complete.  The corridor management plan shall:

(a) serve as a visioning tool to provide direction for enhancing and marketing the corridor, but not as:

(i) a land management document;

(ii) zoning tool or mandate;

(iii) highway improvement scoping or prioritization document; or

(iv) highway management document;

(b) accommodate commerce and commercial vehicles;

(c) maintain a safe and efficient level of highway services;

(d) preclude the local or tribal government having adopted the corridor management plan from establishing goals or commitments outside the local or tribal government's jurisdiction; and

(e) accommodate all jurisdictions affected or to be affected.

(10) A scenic-historic byway should be as continuous as possible; however, all government entities shall have the right to require that a portion of a proposed scenic-historic byway abutting in their jurisdiction be excluded from designation.

(11) Each scenic-historic byway must have a management group to provide long-term oversight and marketing for the road.

(12) The proposed route must be recommended by the advisory council for final approval by the commission.

(1) Once a road is designated and signed as a Montana scenic-historic byway, local government or tribal government officials can nominate the road for designation as a national scenic byway or all-American road by completing the requirements for nomination provided by the United States department of transportation.

(2) National designation applications must be submitted to the Montana scenic-historic byways coordinator to be approved by the Montana transportation commission and forwarded to the federal highway administration.

(1) The two circumstances that allow for a scenic-historic byway to be removed from designation are:

(a) voluntary removal when local government or tribal government no longer wants its designation; and

(b) nonconformance removal when the scenic-historic byway loses the intrinsic values specified in original nomination for designation.

(2) Removal of scenic-historic byway designation requires:  

(a) local governments, tribal governments, and stakeholders to follow steps and procedures provided by the Montana department of transportation; and

(b) a recommendation of removal by the advisory council for final approval by the Montana transportation commission.

For the purposes of this subchapter and administering the Emergency Medical Service Providers Grant Program, and unless the context expressly indicates otherwise, the following definitions apply:

(1) "Emergency situation" means a documented emergency as determined by the Montana Department of Transportation Director, which includes, but is not limited to, the following:

(a) an accident that renders a vehicle or equipment inoperable and nonrepairable; or

(b) a vehicle or equipment breakdown that requires temporary substitutes during repairs to the primary vehicle or equipment.

(2) "Majority" means 51% or greater.

(3) "Match" means a cash match. A 10% match is required.

(4) "Routine medical supplies" means disposable, single-use supplies.

(5) "Training" means equipment for required training to maintain certifications, initial or ongoing emergency medical technician training, or continuing education.

(1) An application for a grant to acquire or lease an ambulance or emergency response vehicles or equipment funds must include a statement indicating how the emergency medical service meets the following criteria. A proposed budget must be submitted with the application indicating how grants will be used.

(2) The department will review applications and rank based on the following weighted criteria:

(a) 50% -demonstrated need, including fleet status;

(b) 5% -size of the geographic area;

(c) 5% -distance from other emergency medical service providers in the geographic region;

(d) 5% -distance from the closest hospital;

(e) 5% -number of calls in the previous calendar year;

(f) 5% -number of volunteer emergency medical technicians on the active duty roster; and

(g) 25% -percentage of medical calls that are vehicle related.

(1) The allowable reasons for not awarding a grant are:

(a) ineligible applicant or application;

(b) higher scoring applicants receive funding;

(c) lack of remaining funding;

(d) failure to provide the 10% match; or

(e) granting authority ends.

(2) Any applicant may dispute the denial of an application for a grant. The applicant must submit in writing a letter appealing the decision to the director of the Montana Department of Transportation within 30 days of the applicant receiving notification of the department's decision. The director will conduct a review of the process and funding decision. A decision will be issued by the Montana Department of Transportation based on the director's findings. That decision will be the final agency decision.

(1) An emergency fund of up to 5% shall be made available on an annual basis. Awards will only be made based on the emergency situation as provided in the definitions.

(1) Grant recipients must use the ambulance specifications for emergency medical services found in ARM Title 37, chapter 104, subchapter 3.

(2) Successful applicants must report on various accounting or data items as required by Montana Department of Transportation.