reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-101. Declaration of necessity and public policy

90-1-101. Declaration of necessity and public policy.
(1) It is hereby declared to be a necessity and the public policy of the state to promote, stimulate, and encourage the planning and development of the economy of the state in order to provide for the social and economic prosperity of its citizens. Such promotion and development of industry, commerce, agriculture, labor, and natural resources of the state require that cognizance be taken of the continuing migration of people to the urban areas in search of job opportunities and the fact that Montana is making a needed transition to a diversified economy. Community planning, greater diversification of industry and attraction of additional industry, accelerated development of natural resources, expansion of existing industry, creation of new uses for agricultural products, greater emphasis on scientific research, development of new markets for the products of the state, and the attainment of a proper balance in the overall economic base, without leaving behind those who remain in rural areas, are all necessary in order to create additional employment opportunities, increase personal income, retain quality of life for rural Montana, and promote the general welfare of the people of this state.
(2) The legislature recognizes that consistency and continuity in the adoption and application of environmental rules are essential to the protection and enhancement of Montana's economic well-being, that consistency and continuity are particularly important to those persons who have made a financial commitment after completing an application for an environmental permit based on the existence of certain environmental rules, and that those persons are entitled to a reasonable expectation that requirements in such a permit will not be changed to their detriment. Therefore, when a person makes a financial commitment after having completed an application for an environmental permit, it is the policy of the state not to change the requirements for such permit to the detriment of the applicant or permittee without having first taken into account and given consideration to previous expenditures made by the applicant or permittee.
(3) The department of commerce shall be regarded as performing a governmental function in carrying out the provisions of 90-1-102 through 90-1-109.
History: En. Sec. 2, Ch. 19, L. 1967; amd. Sec. 82, Ch. 348, L. 1974; amd. Sec. 43, Ch. 213, L. 1975; R.C.M. 1947, 82-3702; amd. Sec. 6, Ch. 274, L. 1981; amd. Sec. 1, Ch. 679, L. 1983; amd. Sec. 3, Ch. 363, L. 2019.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-102. Functions of department of commerce -- state planning

90-1-102. Functions of department of commerce -- state planning.
The department of commerce shall:
(1) make economic and social studies needed to accomplish the purposes of this part;
(2) coordinate and assist regional development groups in the comprehensive development of the resources of the region to the betterment of Montana;
(3) assemble and correlate information for the purpose of making long-range plans for economic and resource development of the state and its subdivisions relating to all of the factors that influence the development of new and existing economic enterprises, including taxes and the regulation of industry;
(4) provide advice and assistance to Montana business and labor in the field of economic development and bring to the attention of the governor those significant problems adversely affecting economic development that may be relieved by state action;
(5) locate and maintain information on prime sites for industrial, agricultural, mineral, forestry, commercial, and residential development and on sites of historical importance and make recommendations for protecting and preserving those sites;
(6) apply for, accept, and administer grants from the federal government or other public or private sources to accomplish the objectives of this part and enter into contracts, including agreements with adjoining states, with respect to planning involving adjoining states;
(7) serve as the consultative, coordinating, and advisory agency for state departments, officials, and agencies in state planning and for encouraging and aiding local planning bodies, either directly or by securing planning assistance, consulting services, and technical aid, which may include land use, demographic, and economic studies and surveys and comprehensive plans.
History: En. Sec. 5, Ch. 19, L. 1967; amd. Sec. 83, Ch. 348, L. 1974; amd. Sec. 44, Ch. 213, L. 1975; R.C.M. 1947, 82-3705; amd. Sec. 6, Ch. 274, L. 1981; amd. Sec. 1, Ch. 148, L. 1993.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-103. Functions of department of commerce -- community development

90-1-103. Functions of department of commerce -- community development.
(1) The department of commerce shall:
(a) cooperate with and provide technical assistance to county, municipal, state, and regional planning commissions, zoning commissions, parks or recreation boards, community development groups, community action agencies, and similar agencies created for the purposes of aiding and encouraging orderly, productive, and coordinated development of the communities of the state;
(b) assist the governor in coordinating the activities of state agencies that have an impact on solution of community development problems and implementation of community plans;
(c) serve as a clearinghouse for information, data, and other materials that may be helpful or necessary to local governments to discharge their responsibilities and provide information on available federal and state financial and technical assistance;
(d) carry out continuing studies and analyses of the problems faced by communities within the state and develop those recommendations for administrative or legislative action as appear necessary. In carrying out the studies and analyses and in providing technical assistance to communities, the department shall pay particular attention to the planning and financing of public facilities and to the problems of metropolitan, suburban, and other areas in which economic and population factors are rapidly changing.
(e) administer the federal community development block grant program and adopt rules to implement the program.
(2) In partial fulfillment of its duties under subsection (1), by January 1, 2003, the department shall have developed and published examples of subdivision regulations that provide incentives for and remove disincentives to cluster development. The examples need not be limited to the local option cluster development regulations authorized in 76-3-509 and may include any cluster development regulations that are authorized under Title 76, chapter 3. In developing the examples of regulations, the department shall seek the advice of interested parties. The department shall provide technical assistance to local governments that are developing cluster development regulations, as provided in subsection (1)(a).
History: En. 82-3705.1 by Sec. 84, Ch. 348, L. 1974; amd. Sec. 45, Ch. 213, L. 1975; R.C.M. 1947, 82-3705.1; amd. Sec. 6, Ch. 274, L. 1981; amd. Sec. 1, Ch. 230, L. 1985; amd. Sec. 2, Ch. 148, L. 1993; amd. Sec. 9, Ch. 348, L. 2001.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-104. Functions of department of commerce -- recreational development

90-1-104. Functions of department of commerce -- recreational development.
The department of commerce shall:
(1) exercise state responsibility for that part of recreational planning and development that is directly related to private investment in recreational facilities;
(2) assemble and correlate information that may influence the development of recreational enterprises and disseminate it to persons, firms, or corporations interested in constructing or maintaining recreational facilities open to the public; and
(3) coordinate the promotion of Indian tourism activities in the state in cooperation with the seven tribal governments and the state director of Indian affairs.
History: En. 82-3705.2 by Sec. 85, Ch. 348, L. 1974; amd. Sec. 46, Ch. 213, L. 1975; R.C.M. 1947, 82-3705.2; amd. Sec. 6, Ch. 274, L. 1981; amd. Sec. 1, Ch. 452, L. 1987; amd. Sec. 2, Ch. 301, L. 1991; amd. Sec. 1, Ch. 30, L. 2007; amd. Sec. 7, Ch. 164, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-106. Functions of department of commerce -- housing

90-1-106. Functions of department of commerce -- housing.
The department may:
(1) survey and investigate housing needs throughout the state and publish the results and make recommendations to the governor and the legislature as to legislation and other measures necessary, desirable, or advisable to alleviate housing problems;
(2) maintain and disseminate information on available governmental housing assistance programs, eligibility and development requirements, and other similar information; and
(3) promote research and development in housing planning design, production, conservation, rehabilitation, and other matters relating to, or affecting the provision of decent, safe, and sanitary housing in a suitable living environment.
History: En. 35-526 by Sec. 27, Ch. 461, L. 1975; amd. Sec. 3, Ch. 163, L. 1977; R.C.M. 1947, 35-526.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-107. Contracts and agreements for projects and programs -- cooperation with other agencies

90-1-107. Contracts and agreements for projects and programs -- cooperation with other agencies.
(1) The department of commerce may contract for consulting services for the purpose of undertaking and conducting planning and study projects. It may make agreements with other state agencies in order to accomplish its own research programs. It may perform research, but when possible shall make full use of and strengthen the research resources of other state agencies, including the university system. Other state agencies shall provide the department with information which will assist it in carrying out this part.
(2) The department shall assist and cooperate with other state agencies and officials, with official organizations of elected officials in the state, with local governments and officials, and with federal agencies and officials in carrying out the functions and duties of the department.
(3) It may consult with private groups and individuals, and if the department considers it desirable, hold public hearings to obtain information for the purposes of carrying out this part.
History: En. Sec. 6, Ch. 19, L. 1967; amd. Sec. 87, Ch. 348, L. 1974; R.C.M. 1947, 82-3706; amd. Sec. 6, Ch. 274, L. 1981.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-108. Repealed

90-1-108. Repealed.
Sec. 34, Ch. 13, Sp. L. August 2002.
History: En. 82-3710 by Sec. 14, Ch. 502, L. 1975; amd. Sec. 4, Ch. 540, L. 1977; R.C.M. 1947, 82-3710; amd. Sec. 1, Ch. 51, L. 1979; amd. Sec. 6, Ch. 274, L. 1981; amd. Sec. 1, Ch. 78, L. 1985; amd. Sec. 45, Ch. 11, Sp. L. June 1989; amd. Sec. 1, Ch. 199, L. 1995; amd. Sec. 75, Ch. 509, L. 1995.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-109. State census and economic information center

90-1-109. State census and economic information center.
The department of commerce shall, in cooperation with other state, federal, and local agencies, establish and maintain a central depository of information, including computer-retrievable files, concerning the significant characteristics of the state, its people, economy, land, and physical characteristics. The department shall:
(1) analyze and disseminate this information to state, federal, and local agencies and to the general public; and
(2) perform the duties assigned to the state census and economic information center in 5-1-201 through 5-1-206.
History: En. Sec. 13, Ch. 274, L. 1981; amd. Sec. 3, Ch. 114, L. 1983; amd. Sec. 7, Ch. 233, L. 2023.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-112. Policy -- purpose

90-1-112. Policy -- purpose.
(1) It is the policy of this state to:
(a) strengthen the foundations of the state's business environment and diversify and expand existing economic endeavors to achieve long-term economic stability;
(b) cooperate with business enterprises, local governments, other public organizations, and the federal government and use all practical means and measures, including financial and technical assistance, to:
(i) establish an economic climate in which the state's natural resources and agricultural operations remain constant contributors to the state's economic welfare;
(ii) articulate a coherent economic development vision for the future, taking into account both rural and urban demands and the availability of entrepreneurs who, due to lack of economic development resources, might benefit from this policy; and
(iii) take a proactive role to ensure that Montana has the flexibility and resources to be an effective competitor in the changing global marketplace.
(2) The purpose of 2-15-218, 2-15-219, and 90-1-112 through 90-1-114 is to provide a vision and a direction through the development of strategies and initiatives to ensure that the state's role in expanding the economy takes place in an orderly and effective manner.
History: En. Sec. 1, Ch. 483, L. 2001; amd. Sec. 19, Ch. 537, L. 2005; amd. Sec. 2, Ch. 309, L. 2009; amd. Sec. 5, Ch. 363, L. 2019.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-113. Cooperation of state agencies

90-1-113. Cooperation of state agencies.
(1) State agencies that have economic development responsibilities shall cooperate with the office of economic development and provide information, technical expertise, and other assistance when requested by the office of economic development.
(2) On written request to the director of revenue or a designee of the director, the department of revenue shall furnish to the department of commerce information about debt assigned to the department of revenue for offset or collection pursuant to the terms of Title 17, chapter 4, part 1. The written request must include an authorized release form signed by the taxpayer. The information provided to the department of commerce must be used for the purposes of preventing and detecting fraud or abuse and determining eligibility for grants or loans.
History: En. Sec. 4, Ch. 483, L. 2001; amd. Sec. 3, Ch. 76, L. 2015.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-114. Rulemaking authority

90-1-114. Rulemaking authority.
(1) The office of economic development may adopt rules to implement the provisions of 2-15-218, 2-15-219, 90-1-112, 90-1-113, and this section. The rules must include but are not limited to:
(a) criteria for providing assistance to communities; and
(b) coordinating economic development efforts among other state agencies, Montana tribal governments, private enterprise, federal agencies, and local governments.
(2) The office may adopt rules necessary to administer the duties and responsibilities of the office.
History: En. Sec. 5, Ch. 483, L. 2001; amd. Sec. 7, Ch. 190, L. 2003.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-115. Department of commerce Lewis and Clark bicentennial account -- Montana historical society Lewis and Clark bicentennial account

90-1-115. Department of commerce Lewis and Clark bicentennial account -- Montana historical society Lewis and Clark bicentennial account.
(1) (a) There is a department of commerce Lewis and Clark bicentennial account in the state special revenue fund. Three-fourths of the revenue from the sales of Lewis and Clark bicentennial license plates under 2-15-151 must be placed into the account and must be used as provided in 2-15-151. The revenue in the account is statutorily appropriated, as provided in 17-7-502, to the department of commerce.
(b) There is a Montana historical society Lewis and Clark bicentennial account in the state special revenue fund. One-fourth of the revenue from the sales of Lewis and Clark bicentennial license plates under 2-15-151 must be placed into the account and must be used as provided in 2-15-151. The revenue in the account is statutorily appropriated, as provided in 17-7-502, to the Montana historical society.
(2) The department of commerce shall allocate the proceeds that are deposited in the account established in subsection (1)(a) as grants, as follows:
(a) one-third to the Lewis and Clark interpretive center foundation;
(b) one-third to the Pompeys pillar historical association;
(c) one-third to the travelers' rest preservation and heritage association.
History: En. Sec. 3, Ch. 223, L. 2005.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-116. State matching funds program for economic development -- distribution of proceeds -- criteria for grants -- local economic development matching funds

90-1-116. State matching funds program for economic development -- distribution of proceeds -- criteria for grants -- local economic development matching funds.
(1) As used in this section, the following definitions apply:
(a) "Certified regional development corporation" means a private, nonprofit corporation that has been designated by the department through a competitive process to manage and administer funds and programs for the department on a regional basis.
(b) "Department" means the department of commerce provided for in 2-15-1801.
(c) "Treasure community" means a community that meets and maintains requirements for certification established by the department and administered by the certified regional development corporation.
(2) The department shall create a program to provide state funds to match local economic development funds and to fund up to 12 certified regional development corporations. The provision of state matching funds is contingent upon specific appropriations to the department for that purpose.
(3) An assistance grant to a certified regional development corporation will be made based on rules adopted by the department for the state matching funds program. The rules for distribution of funds must include consideration of:
(a) the size of the geographic area represented by the certified regional development corporation;
(b) the number of communities served by the certified regional development corporation;
(c) the population served by the certified regional development corporation; and
(d) the services offered by the certified regional development corporation.
(4) To be eligible to receive a grant, a certified regional development corporation:
(a) must be designated as the certified regional development corporation by the department;
(b) shall maintain department requirements for certification;
(c) shall match each $1 of the grant with $1 raised from public or private sources;
(d) shall administer the treasure community designation and reporting process for the communities and counties in the region;
(e) shall encourage and organize full participation in regional economic development activities, meetings, projects, and planning by the treasure communities in the region; and
(f) shall deliver services and resources to the citizens, businesses, and treasure communities throughout the region.
(5) Grants under this section must be used to conduct economic development programs consistent with strategic plans that are adopted by the certified regional development corporations and the treasure communities in the region and that are filed with the department.
History: En. Sec. 1, Ch. 531, L. 1993; amd. Sec. 1, Ch. 268, L. 1999; amd. Sec. 4, Ch. 351, L. 2003; amd. Sec. 1, Ch. 471, L. 2019.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-117. Small business state matching grant program -- purpose

90-1-117. Small business state matching grant program -- purpose.
(1) There is a small business state matching grant program established within the department of commerce to provide guidelines and state matching grants to businesses meeting the criteria in 90-1-118 that have received phase I funding for federal small business innovative research grants or small business technology transfer grants and that are applying for phase II federal small business innovative research grants or small business technology transfer grants.
(2) The state matching grants available for the small business state matching grant program are from any funds received for the program or appropriated to the program by the legislature.
(3) The purpose of the program is to foster job creation and economic development in the state by providing state matching grants to eligible businesses meeting the criteria described in 90-1-118.
History: En. Sec. 1, Ch. 215, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-118. Small business eligibility criteria

90-1-118. Small business eligibility criteria.
(1) To be eligible for a state matching grant under 90-1-117 through 90-1-119, a business shall provide evidence to the department of commerce that the business meets all of the following criteria:
(a) the business is a for-profit sole proprietorship, partnership, limited liability company, limited liability partnership, or corporation registered with the secretary of state under Title 35 and has its principal place of business in this state;
(b) the business has received a phase I award under a small business innovative research grant or small business technology transfer grant from a participating federal agency in response to a specific federal solicitation;
(c) the business meets all federal eligibility requirements for a small business innovative research grant or a small business technology transfer grant;
(d) the business is not concurrently receiving funding from other state funding programs that duplicate the purpose stated in 90-1-117;
(e) the business certifies that at least 51% of the research described in the business's proposal for phase II funding under a small business innovative research grant or small business technology transfer grant is to be conducted in this state and that the business will remain a Montana-based business for the duration of a phase II project under a small business innovative research grant or small business technology transfer grant; and
(f) the business demonstrates an ability to conduct research for the business's phase II proposal under the small business innovative research grant or small business technology transfer grant.
(2) As provided in 30-20-206, manufacturing ammunition components is a qualified economic development purpose.
History: En. Sec. 2, Ch. 215, L. 2009; amd. Sec. 10, Ch. 440, L. 2015.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-119. Grant award guidelines

90-1-119. Grant award guidelines.
(1) The department of commerce may award grants of no more than $100,000 to a business meeting the criteria in 90-1-118.
(2) A business may receive a state matching grant for each separate project that is submitted under a federal small business innovative research grant or small business technology transfer grant.
(3) (a) Upon application from a business that has met the criteria in 90-1-118, the department may award up to 50% of the grant.
(b) To receive the remaining 50% of the state matching grant, the business shall submit to the participating federal agency, with copies to the department of commerce, a final phase I project report, a letter of support from the sponsoring agency indicating that the sponsoring agency is interested in the phase II proposal, and an application for phase II funding. The remaining 50% of the state matching grant is not contingent upon approval of the phase II project by the participating federal agency.
(c) Upon receipt of the documents listed in subsection (3)(b) and verification by the business of a submitted phase II application to the participating federal agency, the department of commerce shall remit to the business the remaining 50% of the grant to be provided under 90-1-117 through 90-1-119.
(4) A business applying for a state matching grant under 90-1-117 through 90-1-119 shall submit on a form prescribed by the department of commerce an application that contains:
(a) the name of the business, the form of business organization that is registered with the secretary of state, and the names and addresses of the principals or management of the business;
(b) proof of receipt of a phase I award under a federal small business innovative research grant or a federal small business technology transfer grant; and
(c) any other information required by the department of commerce by rule.
History: En. Sec. 3, Ch. 215, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-120. Trade activities

90-1-120. Trade activities.
The department of commerce through its state trade expansion program or an equivalent program shall:
(1) promote the state through trade show delegations at key events regionally, nationally, and globally;
(2) work with the Montana agriculture development council, the tourism advisory council, the Montana manufacturing extension center, the state workforce innovation board, and other state and national entities to improve funding for and access to supportive services for rural-based, veteran-owned, minority-owned, and women-owned businesses;
(3) work with local chambers of commerce, the governor's office of economic development, certified regional development corporations, and other economic development organizations in this state to inform citizens in this state in the most cost-effective manner possible of the services available through the department.
History: En. Sec. 1, Ch. 363, L. 2019; amd. Sec. 1, Ch. 167, L. 2021.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-121. Gap financing program -- interest and investment

90-1-121. Gap financing program -- interest and investment.
The gap financing program account consists of money deposited in the account from an appropriation in Chapter 400, Laws of 2015, and money from any other source. Any interest earned by the account must be deposited in the account and used to sustain the program.
History: En. Sec. 1, Ch. 16, L. 2023.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-122. Lodging facility use tax allocation -- allowable uses -- unspent fund redistribution -- rulemaking -- fees

90-1-122. Lodging facility use tax allocation -- allowable uses -- unspent fund redistribution -- rulemaking -- fees.
(1) On an annual basis, the tax proceeds that are transferred to the department's state special revenue account pursuant to 15-65-121 must be used as follows:
(a) 43% for tourism media, advertising film programs, made-in-Montana promotions and main street programs, wayfinding and signage, and support to trade offices;
(b) 22.5% for rural tourism, under-visited area attraction projects, and tribal tourism, including infrastructure, tourism-related emergency services, marketing, and promotional activities;
(c) 23% for tourism grants, including agritourism grants and Montana-based film grants;
(d) subject to subsection (5), 6.5% for revolving loan programs and regional tourism assistance; and
(e) 5% to use in collaboration with the office of economic development established in 2-15-218 for new tourism attractions, other state business development programs, and support for the activities in subsections (1)(a) through (1)(d) of this section.
(2) The department shall pay personal costs, operating costs, and any costs associated with a program or project provided for in subsections (1)(a) through (1)(e) at its discretion.
(3) The department may redistribute the unencumbered funds in subsection (1)(a) to each applicable program at its discretion by December 31 of each year.
(4) The department may adopt rules to:
(a) determine criteria for a rural area, an under-visited area, and qualifications for funds for attraction projects under subsection (1)(b); and
(b) implement the tourism grant program, the regional tourism assistance program, and the revolving loan program under subsections (1)(c) and (1)(d) and charge a fee commensurate with the cost of the program.
(5) If the tax proceeds designated for revolving loan programs and regional tourism assistance pursuant to subsection (1)(d) exceed $35 million, the tax proceeds that exceed $35 million must be redistributed for the purposes and in the proportions provided for in subsections (1)(a) through (1)(e).
History: En. Sec. 1, Ch. 699, L. 2023.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-130. Short title

90-1-130. Short title.
Sections 90-1-130 through 90-1-135 may be cited as the "Native American Economic Development Act of 1999".
History: En. Sec. 1, Ch. 512, L. 1999.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-131. State-tribal economic development commission -- composition -- compensation for members

90-1-131. State-tribal economic development commission -- composition -- compensation for members.
(1) There is a state-tribal economic development commission administratively attached to the department of commerce as prescribed in 2-15-121.
(2) The commission is composed of 11 members, each appointed by the governor to 3-year staggered terms commencing on July 1 of each year of appointment, and must include:
(a) the state director of Indian affairs;
(b) one member from the department of commerce;
(c) one member from the governor's office of economic development; and
(d) one member from each of the federally recognized Indian tribes in Montana. A tribal government may advertise for individuals interested in serving on the commission and develop a list of applicants from which it may choose its nominee to recommend to the governor. In place of choosing from a list of applicants, a tribal government may select an elected tribal official to recommend for membership on the commission. If a tribal government nominates or otherwise recommends more than one person for membership on the commission, the governor shall select one individual from among those recommended persons.
(3) The members of the commission shall elect a presiding officer from among the members.
(4) Six members of the commission constitute a quorum, and the affirmative vote of the majority of the members present is sufficient for any action taken by the commission.
(5) Any vacancy on the commission must be filled in the same manner as the original appointment.
(6) Each member of the commission is entitled to reimbursement for expenses as provided in 2-18-501 through 2-18-503.
History: En. Sec. 2, Ch. 512, L. 1999; amd. Sec. 1, Ch. 69, L. 2001; amd. Sec. 1, Ch. 460, L. 2005; amd. Sec. 1, Ch. 453, L. 2007; amd. Sec. 8, Ch. 164, L. 2009; amd. Sec. 10, Ch. 240, L. 2021.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-133. Repealed

90-1-133. Repealed.
Sec. 8, Ch. 594, L. 2023.
History: En. Sec. 4, Ch. 512, L. 1999; amd. Sec. 10, Ch. 164, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-134. No waiver of tribal sovereignty

90-1-134. No waiver of tribal sovereignty.
Sections 90-1-105 and 90-1-132 do not constitute or imply any waiver of sovereignty on the part of any of the federally recognized tribes in Montana.
History: En. Sec. 5, Ch. 512, L. 1999; amd. Sec. 4, Ch. 594, L. 2023.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-135. Special revenue accounts

90-1-135. Special revenue accounts.
(1) There is a state special revenue account in the state treasury for the receipt of state and private funds and a federal special revenue account in the state treasury for the receipt of federal funds for expenditure by the state-tribal economic development commission established in 90-1-131.
(2) Money in the state special revenue account from proceeds distributed under 15-65-121 and 15-68-820 is to be used for activities for the Indian tourism region, defined in 15-65-101.
(3) Except as provided in subsection (2), money in the accounts established in subsection (1) must be used to pay the commission's administrative costs.
(4) Money in the accounts that is not expended for the purposes identified in subsection (2) or (3) may be used for other purposes that the commission considers prudent or necessary.
(5) Interest and income earned on the money in the accounts must be deposited in the accounts for the commission's use.
History: En. Sec. 6, Ch. 512, L. 1999; amd. Sec. 2, Ch. 69, L. 2001; amd. Sec. 2, Ch. 453, L. 2007; amd. Sec. 5, Ch. 405, L. 2017; amd. Sec. 10, Ch. 356, L. 2019; amd. Sec. 5, Ch. 594, L. 2023; amd. Sec. 6, Ch. 758, L. 2023.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-141. Short title

90-1-141. Short title.
Sections 90-1-141 through 90-1-147 may be cited as the "Economic Development Financial Assistance Act".
History: En. Sec. 1, Ch. 307, L. 2001.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-142. Purposes

90-1-142. Purposes.
The purposes of 90-1-141 through 90-1-147 are to:
(1) provide a convenient, accessible, and comprehensive clearinghouse for information about available financial assistance offered by the state, including but not limited to loans, grants, and tax credits;
(2) provide financial assistance for the purpose of establishing financing for economic development activities; and
(3) streamline loan applications and maintain a central clearinghouse of information to ensure an effective and timely response to the needs of individuals, the business community, and governmental entities seeking state financial assistance.
History: En. Sec. 2, Ch. 307, L. 2001.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-143. Definitions

90-1-143. Definitions.
As used in 90-1-141 through 90-1-147, the following definitions apply:
(1) "Center" means the financial assistance center provided for in 90-1-144.
(2) "Financial assistance" means loans, grants, and tax credits or incentive programs offered by the state to facilitate economic development activities and infrastructure development, repair, or replacement.
History: En. Sec. 3, Ch. 307, L. 2001.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-145. Cooperation between state agencies and department -- dissemination of information

90-1-145. Cooperation between state agencies and department -- dissemination of information.
(1) State agencies administering financial assistance programs shall cooperate with the department of commerce in providing information for the center.
(2) The department shall include all of the information received from other agencies in the center.
History: En. Sec. 5, Ch. 307, L. 2001.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-146. Information coordination

90-1-146. Information coordination.
(1) The department shall encourage and invite the federal government, local governments, other political subdivisions, local economic development corporations, and private financial institutions to make lending information available to the department of commerce.
(2) The department may, when practical, provide persons with information from other lenders when requested.
History: En. Sec. 6, Ch. 307, L. 2001.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-147. Rulemaking

90-1-147. Rulemaking.
The department of commerce may adopt rules to:
(1) provide for uniform loan and grant applications, when appropriate;
(2) coordinate the announcement and marketing of available financial assistance programs that are administered by other state agencies;
(3) provide for the specific requirements necessary to develop useful and logical navigation pathways and cross-references for a financial assistance program internet website and a standard form of internet links and access, consistent with the financial assistance program website, for individual agency websites that administer financial assistance programs; and
(4) develop processes and procedures necessary to effectively implement the provisions of 90-1-117 through 90-1-119 and 90-1-141 through 90-1-147.
History: En. Sec. 7, Ch. 307, L. 2001; amd. Sec. 4, Ch. 215, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-151. Main street program -- establishment -- purpose -- rulemaking

90-1-151. Main street program -- establishment -- purpose -- rulemaking.
(1) There is a main street program in the department of commerce developed in conjunction with the main street program of the national trust for historic preservation.
(2) The purpose of the program is to:
(a) assist communities in restoring and retaining the historic character of their downtown areas and historic commercial districts;
(b) stimulate business investment, assist in retaining existing small businesses, and promote new businesses in those areas;
(c) strengthen the local tax base;
(d) create employment opportunities in community downtown areas and historic districts; and
(e) generally enhance the economic viability of downtown areas and historic districts.
(3) (a) The department of commerce may adopt rules governing the operation of the main street program.
(b) In developing the rules, the department shall consult with the national trust for historic preservation, provided for in 16 U.S.C. 468, to ensure that Montana's main street program is consistent with the main street program operated by the national trust for historic preservation.
History: En. Sec. 1, Ch. 181, L. 2005.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-160. Purpose

90-1-160. Purpose.
The purposes of 90-1-160 through 90-1-164 and 90-1-167 through 90-1-169 are to:
(1) assist the state and local governments in identifying, protecting, and promoting heritage and cultural tourism resources;
(2) further support local preservation programs and encourage participation in the Montana historical society Montana-certified local government program, provided for in 90-1-168;
(3) enhance the ability of localities and agencies to exhibit and advertise the heritage and cultural tourism resources of the state;
(4) stimulate business investment, assist in retaining existing small businesses, and promote new businesses related to heritage and cultural tourism;
(5) strengthen the local tax base;
(6) create employment opportunities for the people of the state; and
(7) generally enhance the economic viability of communities and regions of the state.
History: En. Sec. 4, Ch. 217, L. 2007.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-161. Definitions

90-1-161. Definitions.
As used in 90-1-160 through 90-1-164 and 90-1-167 through 90-1-169, the following definitions apply:
(1) "Heritage and cultural tourism resources" means sites, districts, routes of travel, objects, artifacts, or collections with demonstrable cultural, artistic, architectural, folkway, historic, prehistoric, or traditional qualities.
(2) "Montana historical society" means the entity established pursuant to 22-3-101.
History: En. Sec. 5, Ch. 217, L. 2007.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-162. Heritage preservation and cultural tourism commissions

90-1-162. Heritage preservation and cultural tourism commissions.
(1) Counties, consolidated governments, and municipalities may create heritage preservation and cultural tourism commissions or authorize existing historic preservation commissions to conduct heritage preservation and cultural tourism programs according to the provisions of 90-1-160 through 90-1-164 and 90-1-167 through 90-1-169.
(2) A heritage preservation and cultural tourism commission must have at least five members. Commission members must have professional backgrounds and be trained in or have a demonstrated interest in historic preservation, the arts or culture of the locality, and the tourism and economic development interests of the locality.
History: En. Sec. 6, Ch. 217, L. 2007.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-163. Commission duties

90-1-163. Commission duties.
(1) A heritage preservation and cultural tourism commission:
(a) may prepare a heritage and cultural tourism promotion and development plan, as provided in 90-1-164, and shall operate according to the provisions of that plan;
(b) must be operated in a manner that allows the county, consolidated government, or municipality to obtain support through grants and other funding assistance available for heritage and cultural tourism promotion and development programs and may solicit, request, and apply for funds;
(c) may own and lease property in its own name and may acquire property through bequest, purchase, lease, or other means except eminent domain;
(d) may hire and supervise staff consistent with the personnel regulations of the county, consolidated government, or municipality;
(e) may solicit, request, and apply for funds in the name of the commission; and
(f) shall identify, record, register, preserve, protect, develop, and promote heritage and cultural tourism resources.
(2) Funds may be budgeted and expended, including by contract, by the heritage preservation and cultural tourism commission in a manner consistent with the laws, rules, and regulations of the county, consolidated government, or municipality.
(3) A heritage preservation and cultural tourism commission shall prepare an annual report describing its activities and file the report with the appropriate county, consolidated government, or municipality.
(4) Upon the dissolution of a heritage preservation and cultural tourism commission, the property of the commission becomes the property of the county, consolidated government, or municipality.
History: En. Sec. 7, Ch. 217, L. 2007.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-164. Heritage and cultural tourism promotion and development plan

90-1-164. Heritage and cultural tourism promotion and development plan.
(1) A heritage preservation and cultural tourism commission may prepare a heritage and cultural tourism promotion and development plan and shall operate according to the provisions of that plan.
(2) A heritage and cultural tourism promotion and development plan must be created in consultation with the tourism advisory council, the Montana historical society, the Montana arts council, and interested stakeholders, including businesses and institutions that have a demonstrable interest in cultural tourism, historic preservation, economic development, the arts, and cultural affairs.
(3) A heritage and cultural tourism promotion and development plan:
(a) may include but is not limited to:
(i) inventories of public displays and interpretations of heritage and cultural tourism resources;
(ii) mapping of and guidance to heritage and cultural tourism resources; and
(iii) advertising and promoting heritage and cultural tourism resources, economic development, heritage protection, and heritage incentives; and
(b) may recommend ordinances or resolutions to counties, consolidated governments, and municipalities to assist and protect the qualities of heritage and cultural tourism resources as long as those ordinances are based on uniform standards and procedures.
History: En. Sec. 8, Ch. 217, L. 2007.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-167. Cultural treasures -- coordination

90-1-167. Cultural treasures -- coordination.
(1) A heritage preservation and cultural tourism commission may designate individuals possessing the highest quality artistic, traditional, or folkway skills, talents, and knowledge as Montana cultural treasures and may conduct programs to honor and promote the individuals with the individuals' express consent and in a manner consistent with administrative rule.
(2) This section may be administered in conjunction with the treasure state living cultural treasures program provided for in 2-15-236 through 2-15-238.
History: En. Sec. 9, Ch. 217, L. 2007.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 1. Development Coordination › Part 1. Planning and Economic Development › 90-1-168. Certified local governments

90-1-168. Certified local governments.
(1) Counties, consolidated governments, and municipalities may participate in the Montana-certified local government program administered by the Montana historical society pursuant to the National Historic Preservation Act of 1966, 16 U.S.C. 470 through 470w-6.
(2) A county, consolidated government, or municipality that became a certified local government, as described in subsection (1), prior to July 1, 2007, may participate in the program.
History: En. Sec. 10, Ch. 217, L. 2007.