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8.101.302    APPLICATION FORM (LIF 1-75)

(1) The purpose of the application form is to evaluate applicants for coal impact assistance and to establish priorities among those who may qualify for grants. Items to be considered include, but are not limited to, a description of the proposed project, proposed budget, projected completion date, the project's relationship to coal development, the applicant's budget, documentation of past and current local financial effort, current or on-going planning efforts related to the orderly management of the existing or contemplated growth or decline of coal impacts, and documentation of citizen participation.

(2) Applications will be evaluated based on the five criteria listed in ARM 8.101.301, and must include documentation of a completed environmental review process. The application shall be considered by the Coal Board during the next scheduled quarterly meeting after receipt of the completed application, and either be approved, denied, or tabled pending submittal of additional information to the Coal Board. The application form is available online.

(3) The application shall include a citation to the section of 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 proposed governmental service or facility.

(4) If the applicant for a grant is a federally recognized Indian tribe, its application must include a resolution of the tribal council or appropriate 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.

(5) Coal impact grant funds used for the preparation of plans, studies, analyses, or necessary research for the preparation of a preliminary engineering report must meet the requirements of the most current Uniform Application for Montana Public Facility Projects. Coal impact grant funds used for the preparation of a preliminary architectural report must meet the requirements described in the Coal Impact Grant Application. This application is available online at http://comdev.mt.gov/Boards/Coal.

History: 90-6-205, MCA; IMP, 90-6-208, MCA; NEW, Eff. 2/5/76; AMD, Eff. 7/5/77; TRANS, from Dept. of Comm. Affairs, Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1983 MAR p. 1826, Eff. 12/16/83; AMD, 2006 MAR p. 1378, Eff. 6/2/06; AMD, 2009 MAR p. 344, Eff. 3/27/09; AMD, 2014 MAR p. 386, Eff. 2/28/14; AMD, 2016 MAR p. 1257, Eff. 7/23/16.

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