18.2.260 USE OF FEE
(1) The fee assessed hereunder may only be used to gather
data and information necessary to compile an EIS. No fee may be assessed if an
agency intends only to compile an EA or a programmatic review. If a department
collects a fee and later determines that additional data and information must
be collected or that data and information supplied by the applicant and relied
upon by the agency are inaccurate or invalid, an additional fee may be assessed
under the procedures outlined in these rules if the maximum fee has not been
(2) Whenever the agency has completed work on the EIS, it shall submit to the
applicant a complete accounting of how any fee was expended. If the money
expended is less than the fee collected, the remainder of the fee shall be
refunded to the applicant without interest within 45 days after work has been
completed on the final EIS.
History: Sec. 75-1-202, MCA; IMP, Sec. 75-1-202, 75-1-203, 75-1-205, 75-1-206 and 75-1-207, MCA; NEW, 1988 MAR p. 2692, Eff. 12/23/88.