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Montana Administrative Register Notice 8-94-79 No. 10   05/27/2010    
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                                             BEFORE THE Department of COMMERCE

                                                              OF THE STATE OF MONTANA

 

In the matter of the adoption of New

Rule I pertaining to the administration of the 2010-2011 Federal Community Development Block Grant (CDBG) Program

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NOTICE OF ADOPTION

 

TO:  All Concerned Persons

 

1.  On December 24, 2009, the Department of Commerce published MAR Notice No. 8-94-79 pertaining to the public hearing on the proposed adoption of the above-stated rule at page 2416 of the 2009 Montana Administrative Register, Issue Number 24.

 

2.  The department has adopted the above-stated rule as proposed: New Rule I (8.94.3726).

 

3.  The department has thoroughly considered the comments and testimony received.  A summary of the comments received and the department's responses are as follows:

 

COMMENT #1:  Can CDBG funds for Public Facilities be used to create a community garden?

 

RESPONSE #1:  Each applicant to CDBG must be able to demonstrate that a majority of each project's beneficiaries are low and moderate income persons.  If an applicant can demonstrate that a community garden would primarily benefit low and moderate income persons, the garden would be an eligible activity.

 

COMMENT #2:  Can CDBG funds be used for a homeless shelter?

 

RESPONSE #2:  Because of the emphasis of the CDBG program on assisting low and moderate income persons, a homeless shelter would be eligible for funding.

 

COMMENT #3:  Can the department relax the rule that local governments cannot apply for another Planning Grant this spring even though they have an uncompleted FFY 2009 Planning Grant underway?

 

RESPONSE #3:  The department is not proposing any changes at this time to the rule, in part because the number of applications already received far exceeds what the department has funding for. 

 

COMMENT #4:  Can CDBG funds be used to pay the first part of the first year's salary for a director of a new land trust?

 

RESPONSE #4:  CDBG funds cannot be used for payment of staff salaries or operation and maintenance (O & M) expenses.

 

 

/s/  KELLY A. CASILLAS                             /s/  ANTHONY J. PREITE                

KELLY A. CASILLAS                                   ANTHONY J. PREITE

Rule Reviewer                                               Director

                                                                        Department of Commerce

 

 

Certified to the Secretary of State May 17, 2010.

 

 

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