(1) The purpose of the pre-application form is to evaluate applicants and establish priorities among those who may qualify for grants. Items to be considered are a description of the proposed project, estimated cost, projected completion date and the projects relationship to coal development.

(2) It shall include a citation to the Montana Code Annotated or, in the case of a federally-recognized Indian tribe, federal statute or regulation which authorizes the applicant to make expenditures to provide for the particular governmental service or facility. The pre-application form is available online at http://comdev.mt.gov/CDD_CB.asp.

(3) If the applicant for a grant is a federally-recognized Indian tribe, its application must include a resolution of the tribal council or other governing body waiving the applicant's jurisdictional immunity from suit on any issue specifically arising from the transaction of a grant obtained under this subchapter and agreeing to the adjudication of any dispute arising out of the grant transaction in the district court of the first judicial district of the state of Montana. In addition, the applicant must submit proof that it has requested approval of the transaction, including the waiver of immunity, by the secretary of the United States Department of Interior or his designated agent and that the secretary or his designated agent has either approved the transaction or found that the secretary's approval is unnecessary.