18.2.258 FEES: DETERMINATION OF AUTHORITY TO IMPOSE
(1) Whenever an
application for a lease, permit, contract, license or certificate is expected
to result in the agency incurring expenses in excess of $2,500 to compile an
EIS, the applicant is required to pay a fee in an amount the agency reasonably
estimates, as set forth in this rule, will be expended to gather information
and data necessary to compile an EIS.
agency shall determine within 30 days after a completed application is filed
whether it will be necessary to compile an EIS and assess a fee as prescribed
by this rule. If it is determined that an EIS is necessary, the agency shall
make a preliminary estimate of its costs. This estimate must include a summary
of the data and information needs and the itemized costs of acquiring the data
and information, including salaries, equipment costs and any other expense
associated with the collection of data and information for the EIS.
(3) Whenever the preliminary estimated costs of acquiring the data and information
to prepare an EIS total more than $2,500, the agency shall notify the applicant
that a fee must be paid and submit an itemized preliminary estimate of the cost
of acquiring the data and information necessary to compile an EIS. The agency
shall also notify the applicant to prepare and submit a notarized and detailed
estimate of the cost of the project being reviewed in the EIS within 15 days.
In addition, the agency shall request the applicant to describe the data and
information available or being prepared by the applicant which can possibly be
used in the EIS. The applicant may indicate which of the agency's estimated costs
of acquiring data and information for the EIS would be duplicative or
excessive. The applicant must be granted, upon request, an extension of the 15-day
period for submission of an estimate of the project's cost and a critique of
the agency's preliminary EIS data and information accumulation cost assessment.
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.