Montana Administrative Register Notice 8-94-198 No. 8   04/29/2022    
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In the matter of the amendment of ARM 8.94.3728 pertaining to the administration of the Federal Community Development Block Grant (CDBG) Program – Planning Grants








TO: All Concerned Persons


1. On May 19, 2022, at 10:00 a.m., the Department of Commerce will hold a public hearing via Zoom to consider the proposed amendment of the above-stated rule. Interested parties may access the remote conferencing platform in the following ways:


a.    Video:




Meeting ID: 882 7790 1436                        Password: 813172


            b. Phone:   Dial in by Telephone: 406-444-9999


Meeting ID:882 7790 1436                         Password: 813172


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., May 16, 2022, to advise us of the nature of the accommodation that you need. Please contact Bonnie Martello, Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0523; telephone (406) 841-2770; TDD 841-2702; fax (406) 841-2771; or e-mail docadministrativerules@mt.gov.


3.  The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:


8.94.3728  INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) – PLANNING GRANTS  (1)  The Department of Commerce adopts and incorporates by reference the Community Development Block Grant Program Community Planning Grant Application Guidelines, Grant Administration, and Application (April 2022) as rules for the administration of the Community Development Block Grant (CDBG) Program.

(2) remains the same.

(3) Copies of the regulations adopted by reference in (1) may be obtained from the Department of Commerce, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523, or on the web site at http://comdev.mt.gov/Programs/CDBG/PlanningActivities/Applying https://comdev.mt.gov/Programs-and-Boards/Community-Development-Block-Grant-Program/Planning-Activities.


AUTH:  90-1-103, MCA

IMP:  90-1-103, MCA


REASON:  It is reasonably necessary to amend this rule because the department is proposing to change the eligibility to allow local governments with an open planning grant to apply for a second grant in special circumstances, with approval from the department.  The department has revised the electronic submission guidance to reflect changes with the file transfer system and our intent to put all electronic submission guidance on the website and updated changes to reflect the re-branding of CDD to Community MT.


            4. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to the Department of Commerce, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523; telephone (406) 841-2770; TDD 841-2702; fax (406) 841-2771; or e-mail docadministrativerules@mt.gov, and must be received no later than 5:00 p.m., May 27, 2022.


5. The Office of Legal Affairs, 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 shall 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 contact listed in 4 above or may be made by completing a request form at any rules hearing held by the department.


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


8. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.



/s/ Amy Barnes                                                         /s/ Adam Schafer                            

Amy Barnes                                                              Adam Schafer

Rule Reviewer                                                          Deputy Director

                                                                                  Department of Commerce



Certified to the Secretary of State on April 19, 2022.


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