reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.3 - AGRICULTURAL DEVELOPMENT DIVISION › Subchapter 4.3.4 - Student Loan Rules › Rule 4.3.405 - DISBURSEMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-2-106 MCA;
					 IMP, Sec.
					 80-2-103
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.3 - AGRICULTURAL DEVELOPMENT DIVISION › Subchapter 4.3.4 - Student Loan Rules › Rule 4.3.406 - LIMITATIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-2-106 MCA;
					 IMP, Sec.
					 80-2-103
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.3 - AGRICULTURAL DEVELOPMENT DIVISION › Subchapter 4.3.4 - Student Loan Rules › Rule 4.3.407 - DISCONTINUING NEW STUDENT LOANS [Repealed]

Current through Register Vol. 13, July 5, 2024
AUTH:
					 80-2-106, MCA;
					 IMP:
					 80-2-103,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.3 - AGRICULTURAL DEVELOPMENT DIVISION › Subchapter 4.3.5 - Participation Loan Rules › Rule 4.3.501 - OBJECTIVE

Current through Register Vol. 13, July 5, 2024
(1) Participation loans are made to
				substandard income rural individuals to assist them in securing funds for
				operating expenses and real estate purchases. The agricultural finance program
				may participate in farm and ranch real estate and operating loans with the USDA
				farm service agency. Interest rates shall be established annually by the
				director of agriculture, but in no case shall it exceed the reasonable market
				rate.
80-2-106, MCA;
					 IMP,
					 80-2-103,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.3 - AGRICULTURAL DEVELOPMENT DIVISION › Subchapter 4.3.5 - Participation Loan Rules › Rule 4.3.502 - OPERATING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Participation
				of operating loans shall give the department of agriculture a first lien
				position on all collateral listed on the subordination agreement.
(a) Operating loans will be for a one year
				maximum time frame.
(b) Operating
				loans may be made for 60% of the value of the mortgaged property.
(c) Insurance may be required on subordinated
				property at the discretion of the department of agriculture.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.3 - AGRICULTURAL DEVELOPMENT DIVISION › Subchapter 4.3.5 - Participation Loan Rules › Rule 4.3.503 - REAL ESTATE REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The department
				of agriculture shall hold the first mortgage position on all real estate
				participation loans.
(a) Real estate loans
				will be made upon availability of funds, but in no case shall the term exceed a
				20 year repayment schedule.
(b)
				Title insurance and fire insurance must be carried on the mortgaged real
				estate, with the Montana department of agriculture listed as the first lien
				holder.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.3 - AGRICULTURAL DEVELOPMENT DIVISION › Subchapter 4.3.6 - Rural Assistance Loan Program › Rule 4.3.601 - OBJECTIVES

Current through Register Vol. 13, July 5, 2024
(1) The objective of the rural assistance
				loan program is to assist substandard income rural persons, or persons who are
				unable to obtain reasonable commercial credit at reasonable rates and terms.
				The further objective is to provide for such other rural rehabilitation
				purposes permissible under the Montana rural rehabilitation assets use
				agreement and the former Montana rural rehabilitation corporation's
				charter.
80-2-106, MCA;
					 IMP,
					 80-2-103,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.3 - AGRICULTURAL DEVELOPMENT DIVISION › Subchapter 4.3.6 - Rural Assistance Loan Program › Rule 4.3.602 - QUALIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) Application must be made to the Montana
				Department of Agriculture. All application documents must be completed and
				presented to the department before the department loan committee will consider
				the request.
(2) Each applicant
				must be unable to obtain the needed funds from a private lender or other
				sources at reasonable rates or terms. Evidence shall consist of a statement,
				signed by a private lender, that financing was unavailable.
(3) Applicant(s) shall be at least 18 years
				of age.
(4) An applicant's net
				worth including that of spouse and minor children cannot exceed $450,000 at the
				time of application as determined using generally accepted accounting
				principles (GAAP):
(a) contingent assets or
				liabilities shall be included in the determination of net worth and total
				assets. Contingent assets or liabilities are those for which contracts or
				agreements have been or are in the process of being entered into but for which
				the asset or liability will be recognized in the future.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.3 - AGRICULTURAL DEVELOPMENT DIVISION › Subchapter 4.3.6 - Rural Assistance Loan Program › Rule 4.3.603 - CLOSING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A joint bank
				account with the borrower and the department may be established at the time the
				loan funds are disbursed. A member of the local loan committee or other
				representative of the Montana department of agriculture may be designated to
				countersign checks drawn on this account by the borrower.
(2) The department may require insurance
				coverage on all mortgaged or otherwise secured property.
(3) The department may require an appraisal
				from a qualified appraiser on property to be financed or used to secure a loan
				or to determine the value of the applicant's assets.
(4) The department may loan up to 80% of the
				value of secured property. The department may require collateral in addition to
				property being financed with loan funds.
(5) The department shall require a first
				mortgage position on any land being mortgaged.
(6) The applicant(s) shall provide title
				insurance in the name of the department for any land to be purchased with loan
				funds.
(7) The borrower(s) and
				guarantor(s) shall sign all necessary documents as required by the department
				and all documents requiring filing shall be properly filed by the
				department.
(8) The department may
				require the borrower to register a brand with the Montana department of
				livestock for the purpose of recording a lien on the brand and may require
				secured livestock to be branded.
(9) The borrower shall pay fees required to
				file, continue, or release financing statements, mortgages, and brand
				liens.
(10) A representative of the
				Montana department of agriculture may at a reasonable time visit personally
				with applicant(s) for the purpose of verifying the applicant's collateral,
				qualifications and abilities to conduct the proposed agricultural
				enterprise.
(11) The borrower shall
				allow members of the local loan committee and the department to inspect
				collateral or loan-related records upon request at any reasonable time during
				the repayment period.
(12) The
				borrower shall care for collateral and conduct agricultural operations in
				accordance with good and recognized agricultural practices.
80-2-106, MCA;
					 IMP,
					 80-2-103,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.3 - AGRICULTURAL DEVELOPMENT DIVISION › Subchapter 4.3.6 - Rural Assistance Loan Program › Rule 4.3.604 - LIMITATIONS

Current through Register Vol. 13, July 5, 2024
(1) Loan amounts shall not exceed $75,000 for
				any one individual.
(2) Loans may
				be renegotiated up to the maximum of $75,000.
(3) Interest rates for loans shall be
				established yearly by the director of the Montana department of agriculture.
				Loans will bear simple interest charged yearly on the unpaid balance.
(4) Loan funds shall be used for purposes
				approved by the department and applicant(s) shall provide the amount necessary
				for a down payment as required by the department and use that amount for only
				the approved purposes.
(5) Loans
				may be authorized to finance the following types of property or activities:
(a) depreciable property and equipment
				suitable for use in agriculture or agri-business;
(b) depreciable agricultural improvements
				which are located on agricultural land;
(c) annual operating expenses;
(d) agricultural land; and
(e) other expenditures for agricultural
				equipment, property, facilities, or expenses as approved by the
				department.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.4 - HAIL INSURANCE PROGRAM › Subchapter 4.4.1 - Organizational Rule › Rule 4.4.101 - BOARD ORGANIZATION

Current through Register Vol. 13, July 5, 2024
(1) The state board
				of hail insurance hereby adopts and incorporates the organizational rules of
				the department of agriculture as listed in chapter 1 of this title.
2-15-121
					 and
					 80-2-201,
					 MCA; IMP,
					 80-2-201,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.4 - HAIL INSURANCE PROGRAM › Subchapter 4.4.2 - Procedural Rules › Rule 4.4.201 - BOARD PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) The state board
				of hail insurance herein adopts and incorporates the model procedural rules
				with the exception, modifications and additions thereto, whichever is
				applicable, as set out in chapter 2 of this title.
2-15-121
					 and
					 80-2-201,
					 MCA; IMP,
					 80-2-201,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.4 - HAIL INSURANCE PROGRAM › Subchapter 4.4.2 - Procedural Rules › Rule 4.4.202 - PUBLIC PARTICIPATION [Repealed]

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-15-121,
					 80-2-201,
					 MCA; IMP:
					 2-3-103,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.4 - HAIL INSURANCE PROGRAM › Subchapter 4.4.3 - Substantive Rules › Rule 4.4.301 - ADJUSTMENT OF HAIL LOSS

Current through Register Vol. 13, July 5, 2024
(1) When the
				adjustment of a hail loss is made, the percentage of loss allowed shall be that
				percentage of the crop which has been destroyed by hail only. The adjustment
				shall be subject to the condition mentioned in ARM 4.4.315L iability To Cease
				for State Board of Hail Insurance.
(2) The cost of cutting, pulling, binding or
				harvesting in any manner shall not be considered in measuring the extent of the
				loss, provided that payment of the loss be limited to not more than the
				estimated value of the damaged crop before the hail.
(3) The value of the loss shall be based on
				the amount of hail insurance coverage purchased per acre.
80-2-201,
					 MCA; IMP,
					 80-2-244,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.4 - HAIL INSURANCE PROGRAM › Subchapter 4.4.3 - Substantive Rules › Rule 4.4.302 - AT LEAST 5% LOSS NEEDED

Current through Register Vol. 13, July 5, 2024
(1) If any
				insured claims a loss and no appreciable part of any field shows a loss of at
				least 5%, the insured may be required to pay the adjusting expense. All loss
				claims must be filed with the state board of hail insurance at Helena within 14
				days after the storm. If any insured grain has been damaged by hail and is ripe
				enough to harvest before the adjuster appears, the insured may proceed with his
				harvesting with the exception that he must leave fair, representative samples
				in each field as directed on the hail loss report form and on the
				acknowledgement of loss form.
80-2-201,
					 MCA; IMP,
					 80-2-244,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.4 - HAIL INSURANCE PROGRAM › Subchapter 4.4.3 - Substantive Rules › Rule 4.4.303 - INSURED CROPS

Current through Register Vol. 13, July 5, 2024
(1) All crops
				authorized under
				80-2-205,
				MCA, including the following, may be insured at any time through August 15.
alfalfa
alfalfa seed
barley
beans
camelina
canary seed
canola
chick peas
corn
flax
fruit
grass crops*
herbs
lentils
millet
mint
mustard
oats
peas
potatoes
rape
rye
safflower
sanfoin
sorghum
soybeans
speltz
sugar beets
sunflowers
triticale
truck crops
wheat
wheat grass
*does not include forage
80-2-201,
					 MCA; IMP,
					 80-2-205,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.4 - HAIL INSURANCE PROGRAM › Subchapter 4.4.3 - Substantive Rules › Rule 4.4.304 - HAY CROPS

Current through Register Vol. 13, July 5, 2024
(1) This hail
				insurance covers up to a total loss on any one-cutting hay crop, or partial
				losses on hay crops with more than one cutting per season, up to where the
				losses amount to not more than the equivalent of a total loss of one
				cutting.
80-2-201,
					 MCA; IMP,
					 80-2-205,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.4 - HAIL INSURANCE PROGRAM › Subchapter 4.4.3 - Substantive Rules › Rule 4.4.305 - PROVISIONS OF COVERAGE

Current through Register Vol. 13, July 5, 2024
(1) Hail insurance
				on all insured crops is in force for the full growing season with the following
				provisions:
(a) there will be no liability on
				grain until 75% of the plants are plainly jointed;
(b) no liability is assumed on beans and peas
				until they show a practical stand;
(c) no liability is assumed on any crops for
				loss or damage to blooms, leaves, or stems unless such loss or damage plainly
				reduces the quality or quantity of the production;
(d) when loss or damage is sustained on
				immature crops the adjustment may be delayed until the extent of the damage may
				be more accurately determined; and
(e) no liability is assumed on mustard or
				flax until 75% of the plants are four inches tall, and on sugar beets until 75%
				of the plants have 12 or more leaves.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.4 - HAIL INSURANCE PROGRAM › Subchapter 4.4.3 - Substantive Rules › Rule 4.4.306 - APPLICATION FOR INSURANCE

Current through Register Vol. 13, July 5, 2024
(1) Persons wishing
				to participate in the hail insurance program shall file a properly filled out
				and signed application with the Montana Department of Agriculture no later than
				August 15.
AUTH:
					 80-2-201,
					 MCA; IMP:
					 80-2-203,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.4 - HAIL INSURANCE PROGRAM › Subchapter 4.4.3 - Substantive Rules › Rule 4.4.307 - TIME POLICY BECOMES EFFECTIVE (REPEALED)

Current through Register Vol. 13, July 5, 2024
80-2-201,
					 MCA; IMP,
					 80-2-203,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.4 - HAIL INSURANCE PROGRAM › Subchapter 4.4.3 - Substantive Rules › Rule 4.4.308 - REAPPRAISAL

Current through Register Vol. 13, July 5, 2024
(1) In case of disagreement on any
				adjustment, the insured must ask for reappraisal within 10 days. The insured
				may at his option submit the matter to arbitration as provided in
				80-2-243, MCA
				or sue the state board of hail insurance in the district court of the county
				where the loss occurred.
80-2-201,
					 MCA; IMP,
					 80-2-243 and
					 80-7-912,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.4 - HAIL INSURANCE PROGRAM › Subchapter 4.4.3 - Substantive Rules › Rule 4.4.309 - FILING OF APPLICATION FOR REDUCTION AND SCHEDULE

Current through Register Vol. 13, July 5, 2024
(1) When an application for reduction of
				premium is filed and approved, the rate on such crops withdrawn shall be
				computed in proportion to the time the insurance is in force, and in accordance
				with the maximum rate established for the zone in which said crops are growing.
spring crops
winter crops
Before July 6th inclusive
1/4 rate
Before June 17th
1/4 rate
Between July 6th and 12th
1/2 rate
Between June 17th and 23rd
1/2 rate
After July 12th
full rate
After June 23rd
full rate
80-2-201,
					 MCA; IMP,
					 80-2-229,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.4 - HAIL INSURANCE PROGRAM › Subchapter 4.4.3 - Substantive Rules › Rule 4.4.310 - SPECIAL CROPS REDUCTION

Current through Register Vol. 13, July 5, 2024
(1) All growers of
				grain and other special crops seeking a reduction of premium shall be subject
				to the dates in ARM
				4.4.309 except five days additional
				shall be allowed:
(a) all growers in the
				counties adjoining the Canadian border; and
(b) those in other counties where the insured
				crops are growing at an elevation in excess of 3,500 feet above sea
				level.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.4 - HAIL INSURANCE PROGRAM › Subchapter 4.4.3 - Substantive Rules › Rule 4.4.311 - RECEIPT OF REFUND

Current through Register Vol. 13, July 5, 2024
(1) To receive a
				refund of any surplus funds declared by the hail board, a policy holder must
				have his premium paid in full by July 1st of the following crop
				season.
80-2-201,
					 MCA; IMP,
					 80-2-222,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.4 - HAIL INSURANCE PROGRAM › Subchapter 4.4.3 - Substantive Rules › Rule 4.4.312 - PROCESS OF PAYMENT FOR LOSSES

Current through Register Vol. 13, July 5, 2024
(1) Any
				losses occurring under policies issued for this application shall be payable
				within 40 days of the occurrence of the loss as follows:
(a) Loss payment shall be applied to
				outstanding policy premium (regardless of location in Montana) ; loss payment
				shall be applied to policy of loss first, remaining loss payment shall be
				applied to additional policies of record in descending order based on date of
				issuance.
(b) Policy holders will
				be identified by tax identification number. Policies having the same tax
				identification number will be considered the same entity and loss payment
				policies enacted accordingly.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.4 - HAIL INSURANCE PROGRAM › Subchapter 4.4.3 - Substantive Rules › Rule 4.4.313 - LOSSES EXCEEDING THE PREMIUM FOR THAT YEAR

Current through Register Vol. 13, July 5, 2024
(1)
				If the losses for any year exceed the premiums for that year plus the reserve
				fund, if any, then the payment on losses shall be prorated
				share-and-share-alike among all suffering loss by hail.
80-2-201,
					 MCA; IMP,
					 80-2-244 and
					 80-7-907,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.4 - HAIL INSURANCE PROGRAM › Subchapter 4.4.3 - Substantive Rules › Rule 4.4.314 - CUT OFF DATE (REPEALED)

Current through Register Vol. 13, July 5, 2024
80-2-201,
					 MCA; IMP,
					 80-2-241,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.4 - HAIL INSURANCE PROGRAM › Subchapter 4.4.3 - Substantive Rules › Rule 4.4.315 - LIABILITY TO CEASE FOR STATE BOARD OF HAIL INSURANCE

Current through Register Vol. 13, July 5, 2024
(1) The liability of the state board of hail
				insurance for damage by hail to crops insured under this act shall cease when:
(a) The crops are headed, mowed, or harvested
				in any manner except that liability against damage by hail will continue in
				force on grain or any other crops which have been bound, shocked, or windrowed
				until the insured has had a reasonable time to complete harvesting or
				threshing.
(b) The insured neglects
				under favorable conditions to harvest the crops insured within a reasonable
				time after the grain is fully ripe.
(c) The insured makes application for
				cancellation or reduction of the current hail insurance levy on account of the
				alleged destruction of said crops by other means than hail.
(d) The crops are destroyed by other means
				than hail.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.4 - HAIL INSURANCE PROGRAM › Subchapter 4.4.3 - Substantive Rules › Rule 4.4.316 - LIABILITY ON ALL CROPS

Current through Register Vol. 13, July 5, 2024
(1) The liability
				on all crops insured will expire October 1 at 11:59 p.m.
80-2-201,
					 MCA; IMP,
					 80-2-203
					 and
					 80-2-241,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.4 - HAIL INSURANCE PROGRAM › Subchapter 4.4.3 - Substantive Rules › Rule 4.4.317 - REQUEST FOR INSURANCE ON HAIL DAMAGED GRAIN

Current through Register Vol. 13, July 5, 2024
(1) A producer may request insurance for a
				crop that has already had hail damage if they comply with the following:
(a) the request must be made on a form
				furnished by the department;
(b)
				the form must be completed in full and signed;
(c) the first loss may not have more than a
				25% loss caused by hail;
(d) no
				hail loss will be awarded on the crop until the fifth day after the previous
				damage.
(e) the insured producer
				shall be charged the regular maximum rate for insurance on the sound portion of
				the crop remaining after the first damage, and if the crop should later be
				totally destroyed, the producer will be paid the full amount of insurance as
				shown in the policy.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.4 - HAIL INSURANCE PROGRAM › Subchapter 4.4.3 - Substantive Rules › Rule 4.4.318 - PAYING 100% WHEN THE LOSS SHOWS AT LEAST 90% OR ABOVE ACTUAL LOSS

Current through Register Vol. 13, July 5, 2024
(1) The state hail
				insurance program will pay the producer 100% of the payable amount when the
				adjuster shows by count that the loss is 90% or above.
AUTH:
					 80-2-201,
					 MCA; IMP:
					 80-2-201,
					 80-2-244,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.4 - HAIL INSURANCE PROGRAM › Subchapter 4.4.3 - Substantive Rules › Rule 4.4.319 - DISPUTED APPRAISAL

Current through Register Vol. 13, July 5, 2024
(1) If a party
				files a claim and is dissatisfied with the final determination of the
				adjustment, the party may appeal the determination pursuant to
				80-2-201
				and
				80-2-243,
				MCA.
(2) In the case where another
				insurance company is involved, the board reserves the right to make its own
				adjustment or have the final say in the settlement of the portion involving
				state hail insurance.
80-2-201,
					 MCA; IMP,
					 80-2-201
					 and
					 80-2-243,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.5 - NOXIOUS WEED MANAGEMENT › Subchapter 4.5.1 - Noxious Weed Trust Fund › Rule 4.5.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
When used in these rules, unless a different meaning clearly
				  appears from the context:
(1)
				"Department" means the department of agriculture provided for in
				2-15-3001,
				MCA.
(2) "Weed management" or
				"control" means the planning and implementation of a coordinated program for
				the containment, suppression, and where possible, eradication of noxious
				weeds.
(3) "Advisory council" means
				the noxious weed management advisory council provided for in
				80-7-805,
				MCA.
(4) "Project" means a planned
				undertaking which involves one or more renewable resources at an identified
				site or geographic location in Montana.
(5) "Project sponsor" means the local state
				or national organization, either public or private, supporting a
				project.
(6) "Renewable resource"
				means all land used for domestic livestock grazing, timber, or crop production,
				recreation, or wildlife and all water resources.
(7) "Public benefits" means those benefits
				that accrue to persons other than the grant recipient and enhance the common
				well-being of the people of Montana.
(8) "Tangible returns" means either monetary
				or non-monetary returns that will accrue to the state.
(9) "Community group" means three or more
				private landowners or federal, state, or local entities working together to
				control noxious weeds.
(10)
				"Noxious weed emergency" means a new and potentially harmful noxious weed
				growing in the state that has been verified by the department and declared an
				emergency as provided for in
				80-7-815,
				MCA.
Sec.
					 80-7-802, MCA;
					 IMP, Sec.
					 80-7-801
					 &
					 80-7-811,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.5 - NOXIOUS WEED MANAGEMENT › Subchapter 4.5.1 - Noxious Weed Trust Fund › Rule 4.5.102 - APPLICATION PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) The department
				will specify funding cycles and application deadlines as necessary.
(2) The department may return an insufficient
				or incomplete proposal for correction or completion. The department may provide
				the applicant with reasons for the proposal's return and a brief description of
				the information required in order to make the proposal correct or complete, or
				both. If these corrections or completions, or both, are not made, the proposal
				will not be evaluated.
(3)
				Proposals which more closely fit the legislative authority of another loan or
				grant program within state government will be referred to that program for
				review.
(4) The applicant may
				request assistance from the department in completing the application. The
				department will provide such assistance, the level of which will be determined
				by availability of staff and funds.
(5) Advisory council will review, rank and
				recommend proposed projects and funding according to the guidelines and
				criteria described in ARM
				4.5.108. Advisory council
				recommendations will be submitted to the department for final review and
				determination of funding. The applicant will receive written notification from
				the department of the action taken on the proposal.
Sec.
					 80-7-802 MCA;
					 IMP, Sec.
					 80-7-814
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.5 - NOXIOUS WEED MANAGEMENT › Subchapter 4.5.1 - Noxious Weed Trust Fund › Rule 4.5.103 - APPLICATION CONTENT FOR GRANTS

Current through Register Vol. 13, July 5, 2024
All applications for grants shall contain:
(1) Name, address, and telephone number of
				the project sponsor, project manager and liaison (if different than
				manager).
(2) Title or name of the
				proposed project.
(3) Location of
				proposed project.
(4) A brief
				description of the history and background of the project.
(5) A discussion of the need and urgency for
				the project and why it is best means to achieve the desired results.
(6) Objectives of the project and desired
				accomplishments.
(7) Discussion of
				the projects technical feasibility.
(8) Amount of money to be requested for a
				grant. A statement indicating the amount of funding available from other
				sources. If no other funding is available, the applicant must give the
				reasons.
(9) Proof, where
				appropriate, the applicant has the cooperation of all landholders within the
				project area including federal, state, and private entities.
(10) A statement indicating both public and
				tangible benefits which would accrue as a result of the proposed
				project.
(11) An evaluation of the
				project as required in ARM
				4.5.105 and
				4.5.106.
(12) A statement that the project sponsor, if
				the grant receives department approval, is willing to enter into a contract
				with the department for utilization of grant funds.
Sec.
					 80-7-802 MCA;
					 IMP, Sec.
					 80-7-814
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.5 - NOXIOUS WEED MANAGEMENT › Subchapter 4.5.1 - Noxious Weed Trust Fund › Rule 4.5.104 - TECHNICAL, FEASIBILITY OF PROJECTS

Current through Register Vol. 13, July 5, 2024
Technical data and information to be provided in the proposal
				  shall include but is not limited to the following:
(1) A thorough discussion of the work plan
				including the purpose, location and schedule of major project phases.
(2) A listing of herbicides, biological
				control agents, or cultural methods used for weed control within the project
				area, where appropriate. This description may include prior field
				investigations and research information to support the proposal.
(3) Educational programs that will be
				conducted in conjunction with the project to increase weed awareness and
				improve weed control techniques of county residents.
(4) Maps, drawings, charts, tables, etc.,
				used as a basis for project planning and implementation.
(5) A map showing land ownership associated
				with the project; and
(6)
				Description of other management alternatives and applicants consideration of
				those alternatives.
(7) The
				department may request any additional information deemed necessary to document
				technical feasibility.
Sec.
					 80-7-802 MCA;
					 IMP, Sec.
					 80-7-814
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.5 - NOXIOUS WEED MANAGEMENT › Subchapter 4.5.1 - Noxious Weed Trust Fund › Rule 4.5.105 - PROJECT EVALUATION

Current through Register Vol. 13, July 5, 2024
(1) All project
				sponsors shall document the results of the project and the impact on the state
				and/or renewable resource. The amount of information required for evaluation of
				the technical, economic, environmental, financial and other factors may vary
				depending on the size and complexity of the project. The department may advise
				the applicant of the amount of documentation and evaluation
				necessary.
Sec.
					 80-7-802 MCA;
					 IMP, Sec.
					 80-7-814
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.5 - NOXIOUS WEED MANAGEMENT › Subchapter 4.5.1 - Noxious Weed Trust Fund › Rule 4.5.106 - ECONOMIC ASSESSMENT OF PROJECTS

Current through Register Vol. 13, July 5, 2024
(1) The
				projects which receive funding shall demonstrate tangible return to the state
				of Montana or its citizens.
(2) The
				applicant shall document current benefit and cost data.
Sec.
					 80-7-802 MCA;
					 IMP, Sec.
					 80-7-814
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.5 - NOXIOUS WEED MANAGEMENT › Subchapter 4.5.1 - Noxious Weed Trust Fund › Rule 4.5.107 - LEGAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The applicant
				is required to follow all statutory and regulatory standards.
Sec.
					 80-7-802 MCA;
					 IMP, Sec.
					 80-7-814
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.5 - NOXIOUS WEED MANAGEMENT › Subchapter 4.5.1 - Noxious Weed Trust Fund › Rule 4.5.108 - EVALUATION OF PROJECTS

Current through Register Vol. 13, July 5, 2024
(1) The advisory
				council shall review and rank all projects as high, medium or low and by
				majority vote recommend to the department those projects which meet appropriate
				criteria for the project and the program.
(2) The advisory council shall consider the
				following criteria in recommending projects for funding:
(a) Projects which meet requirements
				specified in
				80-7-814,
				MCA, of the Noxious Weed Trust Fund Act.
(b) Projects that involve community groups,
				weed districts, reservations or conservation districts.
(c) Projects which can be utilized statewide
				and will provide the most tangible returns to the county or state.
(d) Projects in areas where county weed
				district funding sources for noxious weed control are limited.
(e) Projects which include educational
				programs to increase weed awareness and improve weed control
				techniques.
(f) Projects which
				involve an integrated weed management plan including biological, cultural, and
				chemical control.
(g) Projects
				which will enhance the renewable resources.
(h) Projects which include matching funds
				(including in-kind services) from private, state, and/or federal
				entities.
(i) Projects which have
				not previously received funds from the program.
(j) Projects whose results will provide
				public benefits.
(k) Projects with
				a long term effect on natural resources.
(l) Projects which involve noxious weed
				emergencies.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.5 - NOXIOUS WEED MANAGEMENT › Subchapter 4.5.1 - Noxious Weed Trust Fund › Rule 4.5.109 - REPORTING AND MONITORING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) The
				project sponsor or project manager shall monitor the progress and results of
				the project and evaluate its overall effectiveness. The project sponsor shall
				submit to the department fiscal reports and written progress reports as
				determined by contract. If the department determines through field or office
				evaluations that improper progress or fiscal reports have been filed, the
				project sponsor shall initiate necessary corrective action.
Sec.
					 80-7-802 MCA;
					 IMP, Sec.
					 80-7-814
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.5 - NOXIOUS WEED MANAGEMENT › Subchapter 4.5.1 - Noxious Weed Trust Fund › Rule 4.5.110 - NOXIOUS WEED LIST (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-7-802 MCA;
					 IMP, Sec.
					 80-7-801(3)
					 and
					 80-7-812
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.5 - NOXIOUS WEED MANAGEMENT › Subchapter 4.5.1 - Noxious Weed Trust Fund › Rule 4.5.111 - NOXIOUS WEED IDENTIFICATION AND VERIFICATION

Current through Register Vol. 13, July 5, 2024
(1) The department will identify new and
				potentially harmful noxious weeds based on characteristics which make the plant
				undesirable, troublesome, and/or difficult to control in cropland, rangeland,
				forestry, industrial, recreational or non-crop sites.
(2) The department shall verify the existence
				of a noxious weed in Montana using any one or a combination of methods set
				forth below:
(a) Verification of location of
				the infestation based on herbarium records.
(b) Scientific identification of the plant by
				a botanist or weed scientist and by the concurrence of another botanist or weed
				scientist, or
(c) Submission of a
				plant by any person which is scientifically identified by the scientists of the
				Montana state university or university of Montana herbarium.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.5 - NOXIOUS WEED MANAGEMENT › Subchapter 4.5.1 - Noxious Weed Trust Fund › Rule 4.5.112 - NOXIOUS WEED MANAGEMENT COUNCIL

Current through Register Vol. 13, July 5, 2024
(1) The
				members of the Noxious Weed Management Advisory Council appointed by the
				director serve two-year terms.
80-7-802, MCA;
					 IMP,
					 80-7-805,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.5 - NOXIOUS WEED MANAGEMENT › Subchapter 4.5.1 - Noxious Weed Trust Fund › Rule 4.5.113 - DEALER RECORD REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-8-105 and
					 80-7-802 MCA;
					 IMP, Sec.
					 80-7-812
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.5 - NOXIOUS WEED MANAGEMENT › Subchapter 4.5.2 - Designation of Noxious Weeds › Rule 4.5.201 - DESIGNATION OF NOXIOUS WEEDS

Current through Register Vol. 13, July 5, 2024
(1) The
				department designates certain exotic plants listed in these rules as statewide
				noxious weeds under the County Weed Control Act
				7-22-2101(5),
				MCA. All counties must implement management standards for these noxious weeds
				consistent with weed management criteria developed under
				7-22-2109(2)(b),
				MCA of the Act.
7-22-2101, MCA; IMP,
					 7-22-2101,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.5 - NOXIOUS WEED MANAGEMENT › Subchapter 4.5.2 - Designation of Noxious Weeds › Rule 4.5.202 - CATEGORY 1 (REPEALED)

Current through Register Vol. 13, July 5, 2024
7-22-2101, MCA; IMP,
					 7-22-2101,
					 80-7-802,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.5 - NOXIOUS WEED MANAGEMENT › Subchapter 4.5.2 - Designation of Noxious Weeds › Rule 4.5.203 - CATEGORY 2 (REPEALED)

Current through Register Vol. 13, July 5, 2024
7-22-2101,
					 80-7-802, MCA;
					 IMP,
					 7-22-2101,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.5 - NOXIOUS WEED MANAGEMENT › Subchapter 4.5.2 - Designation of Noxious Weeds › Rule 4.5.204 - CATEGORY 3 (REPEALED)

Current through Register Vol. 13, July 5, 2024
80-7-802, MCA;
					 IMP,
					 7-22-2101,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.5 - NOXIOUS WEED MANAGEMENT › Subchapter 4.5.2 - Designation of Noxious Weeds › Rule 4.5.205 - CATEGORY 4 - WATCH LIST (REPEALED)

Current through Register Vol. 13, July 5, 2024
80-7-802, MCA;
					 IMP,
					 7-22-2101,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.5 - NOXIOUS WEED MANAGEMENT › Subchapter 4.5.2 - Designation of Noxious Weeds › Rule 4.5.206 - PRIORITY1A

Current through Register Vol. 13, July 5, 2024
(1) These weeds are
				not present or have a very limited presence in Montana. Management criteria
				will require eradication if detected, education, and prevention:
(a) Yellow starthistle (Centaurea
				solstitialis);
(b) Dyer's woad
				(Isatis tinctoria);
(c) Common reed
				(Phragmites australis ssp. Australis); and
(d) Medusahead (Taeniatherum
				caput-medusae).
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.5 - NOXIOUS WEED MANAGEMENT › Subchapter 4.5.2 - Designation of Noxious Weeds › Rule 4.5.207 - PRIORITY 1B

Current through Register Vol. 13, July 5, 2024
(1) These weeds
				have limited presence in Montana. Management criteria will require eradication
				or containment and education:
(a) Knotweed
				complex (Polygonum cuspidatum, P. sachalinense, P. × bohemicum, Fallopia
				japonica, F. sachalinensis, F. × bohemica, Reynoutria japonica, R.
				sachalinensis, and R.× bohemica);
(b) Purple loosestrife (Lythrum
				salicaria);
(c) Rush skeletonweed
				(Chondrilla juncea);
(d) Scotch
				broom (Cytisus scoparius); and
(e)
				Blueweed (Echium vulgare).
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.5 - NOXIOUS WEED MANAGEMENT › Subchapter 4.5.2 - Designation of Noxious Weeds › Rule 4.5.208 - PRIORITY 2A

Current through Register Vol. 13, July 5, 2024
(1) These weeds are
				common in isolated areas of Montana. Management criteria will require
				eradication or containment of these weeds where less abundant. Management shall
				be prioritized by local weed districts:
(a)
				Tansy ragwort (Senecio jacobaea, Jacobaea vulgaris);
(b) Meadow hawkweed complex (Hieracium
				caespitosum, H. praealtum, H. floridundum, and Pilosella caespitosa);
(c) Orange hawkweed (Hieracium aurantiacum,
				Pilosella aurantiaca);
(d) Tall
				buttercup (Ranunculus acris);
(e)
				Perennial pepperweed (Lepidium latifolium);
(f) Yellowflag iris (Iris
				pseudacorus);
(g) Eurasian
				watermilfoil complex (Myriophyllum spicatum and M. sibericum);
(h) Flowering rush (Butomus umbellatus);
(i) Common buckthorn (Rhamnus
				cathartica); and
(j) Ventenata
				(Ventenata dubia).
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.5 - NOXIOUS WEED MANAGEMENT › Subchapter 4.5.2 - Designation of Noxious Weeds › Rule 4.5.209 - PRIORITY 2B

Current through Register Vol. 13, July 5, 2024
(1) These weeds are
				abundant in Montana and widespread in many counties. Management criteria will
				require eradication or containment of these weeds where less abundant.
				Management shall be prioritized by local weed districts:
(a) Canada thistle (Cirsium
				arvense);
(b) Field bindweed
				(Convolvulus arvensis);
(c) Leafy
				spurge (Euphorbia esula);
(d)
				Whitetop (Cardaria draba? Lepidium draba);
(e) Russian knapweed (Acroptilon repens?
				Rhaponticum repens);
(f) Spotted
				knapweed (Centaurea stoebe, C. maculosa);
(g) Diffuse knapweed (Centaurea
				diffusa);
(h) Dalmatian toadflax
				(Linaria dalmatica);
(i) St.
				Johnswort (Hypericum perforatum);
(j) Sulfur cinquefoil (Potentilla
				recta);
(k) Common tansy (Tanacetum
				vulgare);
(l) Oxeye daisy
				(Leucanthemum vulgare);
(m)
				Houndstongue (Cynoglossum officinale);
(n) Yellow toadflax (Linaria
				vulgaris);
(o) Saltcedar (Tamarix
				spp.);
(p) Curlyleaf pondweed
				(
Potamogeton crispus
); and
(q) Hoary alyssum (
Berteroa
				incana
).
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.5 - NOXIOUS WEED MANAGEMENT › Subchapter 4.5.2 - Designation of Noxious Weeds › Rule 4.5.210 - PRIORITY 3 REGULATED PLANTS (NOT MONTANA LISTED NOXIOUS WEEDS)

Current through Register Vol. 13, July 5, 2024
(1) These regulated
				plants have the potential to have significant negative impacts. The plant may
				not be intentionally spread or sold other than as a contaminant in agricultural
				products. The state recommends research, education, and prevention to minimize
				the spread of the regulated plant:
(a)
				Cheatgrass (
Bromus tectorum
);
(b) Hydrilla (
Hydrilla
				verticillata
);
(c) Russian
				olive (
Elaeagnus angustifolia
);
(d) Brazilian waterweed (
Egeria
				densa
); and
(e) Parrot
				feather watermilfoil (
Myriophyllum aquaticum
or
M.
				brasiliense
).
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.5 - NOXIOUS WEED MANAGEMENT › Subchapter 4.5.3 - Noxious Weed Seed Free Forage › Rule 4.5.301 - PURPOSE AND SCOPE

Current through Register Vol. 13, July 5, 2024
(1) The 1995
				Montana legislature, upon finding that the movement of agricultural crops
				containing noxious weed seeds, as livestock forage, bedding, mulch, pellets,
				cubes, grain concentrates and related material was causing new and expanding
				noxious weed infestations, authorized and directed the Montana Department of
				Agriculture to implement the Noxious Weed Seed Free Forage Act and to adopt all
				necessary rules for the exercise of its power under that act.
80-7-909, MCA;
					 IMP,
					 80-7-902,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.5 - NOXIOUS WEED MANAGEMENT › Subchapter 4.5.3 - Noxious Weed Seed Free Forage › Rule 4.5.302 - DEFINITION OF TERMS

Current through Register Vol. 13, July 5, 2024
These definitions apply to all rules adopted under the
				  Montana Noxious Weed Seed Free Forage Act, Title 80, chapter 7, part 9,
				  MCA:
(1) "Agent" means a person who is
				authorized or employed by the department and is certified by the department to
				conduct activities under the Montana Noxious Weed Seed Free Forage
				Act.
(2) "Board" means a district
				weed board created under
				7-22-2103,
				MCA.
(3) "Cubes and other processed
				forage products (physical form) " means forage harvested from a certified field
				that is compacted into large pellets.
(4) "Field unit" means the part of a field
				that may be certified or which has been certified.
(5) "Grain concentrate" means a grain product
				which includes but is not limited to whole grains, intended for livestock
				consumption that has been cleaned of noxious weed seeds by an approved process,
				inspected by an agent, and identified under a department-approved process as
				"Montana NWSFF certified".
(6)
				"Montana certified forage" means forage products from fields that meet
				Montana's forage certification standards and are approved by an agent; or grain
				concentrates, processed pellets, cubes and other forage products that meet the
				requirements of ARM
				4.5.306(2) through
				(8).
(7) "Pellets and other processed forage
				products (physical form) " means agglomerated feed formed by compacting and
				forcing through die openings by a mechanical process. If temperature is not
				used in the process, the forage must be from a certified field.
(8) "Restricted area" means an area
				designated by an agency, group or person that requires the use of noxious weed
				seed free forage.
80-7-909, MCA;
					 IMP,
					 80-7-903,
					 80-7-905,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.5 - NOXIOUS WEED MANAGEMENT › Subchapter 4.5.3 - Noxious Weed Seed Free Forage › Rule 4.5.303 - NOXIOUS WEEDS

Current through Register Vol. 13, July 5, 2024
(1) The Montana
				noxious weed seed free forage (NWSFF) certification program includes the
				noxious weeds set forth in ARM
				4.5.206,
				4.5.207,
				4.5.208, and
				4.5.209, authorized by
				7-22-2101(7)(a)(i),
				MCA.
(2) The regional forage
				certification program includes additional noxious weeds that have been so
				designated by other states and provinces. The department may enter into
				agreements with other states and/or provinces which will allow forage to be
				certified on a regional basis.
AUTH:
					 80-7-909, MCA; IMP:
					 80-7-903,
					 80-7-905,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.5 - NOXIOUS WEED MANAGEMENT › Subchapter 4.5.3 - Noxious Weed Seed Free Forage › Rule 4.5.304 - APPLICATION FOR MONTANA CERTIFICATION OF NOXIOUS WEED SEED FREE FORAGE

Current through Register Vol. 13, July 5, 2024
(1) A person shall make application for NWSFF
				certification of a forage crop annually. The application shall be made with the
				department agent in the county in which the person resides or in the county in
				which the person owns or leases land on which forage will be produced. This
				request for application may be made by telephone, fax, in person or in
				writing.
(2) The agent is
				responsible for completing the top of the inspection form (or the agent may
				allow the producer to complete) with the following applicant information:
(a) date annual application
				received;
(b) producer name and
				address, including zip code;
(c)
				producer telephone and, if available, their fax number;
(d) producer identification number;
(i) the producer identification number shall
				include the following, in the order stated, state, county, producer number and
				year forage harvested;
(e) estimate of acres to be
				inspected;
(f) general description
				of the field and/or legal description.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.5 - NOXIOUS WEED MANAGEMENT › Subchapter 4.5.3 - Noxious Weed Seed Free Forage › Rule 4.5.305 - STANDARD RANGE OF TOLERANCES FOR NOXIOUS WEED SEEDS

Current through Register Vol. 13, July 5, 2024
(1) The tolerance for noxious weed seeds in
				noxious weed seed free forage is zero for the weeds defined in
				7-22-2101(7) (a)
				(i), MCA.
(a) For field forage this means that an agent
				found no noxious weed plants with viable weed seeds present in the field unit
				at the time of inspection; or that an agent found no noxious weed plants
				capable of producing viable weed seeds present in the field unit at the time of
				inspection when following the standard inspection procedures.
(b) For pellets this means that the pellets
				are free of viable noxious weed seeds or the pellets are greater than 99% free
				of viable noxious weed seeds.
(c)
				For cubes and related materials this means that the field forage used to
				produce the cubes or related materials meet the standards expressed in (1) (a)
				above.
(d) For grain concentrates
				cleaned and sampled by a department-approved process, this means presence of
				noxious weed seeds was not detected.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.5 - NOXIOUS WEED MANAGEMENT › Subchapter 4.5.3 - Noxious Weed Seed Free Forage › Rule 4.5.306 - PROCEDURES FOR MONTANA CERTIFICATION OF FORAGE PRODUCTS (GRAIN CONCENTRATES - PELLETS - CUBES - OTHER)

Current through Register Vol. 13, July 5, 2024
(1) A person
				desiring to certify processed feed products as noxious weed seed free must make
				an annual application on the department's application form. The application
				shall be valid from the date of issuance through December 31 of that calendar
				year.
(a) Applications for certification of
				mechanically cleaned grain concentrates must describe the method of cleaning to
				remove noxious weed seed. The method must be approved by the
				department.