Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.104 - HARD-ROCK MINING IMPACT BOARD › Subchapter 8.104.2 - Procedural Rules › Rule 8.104.211 - IMPLEMENTATION OF APPROVED IMPACT PLAN

Current through Register Vol. 13, July 5, 2024
(1) The
				Hard-Rock Mining Impact Account may receive direct industry monies, in
				accordance with the commitments made by the developer in an approved impact
				plan, and may receive money from the developer's financial guarantee to ensure
				payments consistent with the developer's commitments. If an approved plan
				provides that impact payments are to be made through the board, or if the board
				receives monies through the financial guarantee, the board will deposit these
				monies into the account, and will distribute the monies as provided by the
				impact plan to the county treasurer in the affected county to be credited to
				the impact fund of the affected local government unit. If the entire sum is not
				requested by, or under the plan committed to, the affected local government
				units, the board will revert the remainder, if any, to the developer.
(2) In implementing an approved impact plan,
				the affected local government units and the mineral developer shall establish
				procedures acceptable to the board for transmitting payments and providing
				information required by statute or rule. The procedures and information must
				include the following:
(a) Each local
				government unit entitled to receive grants or tax prepayments from a mineral
				developer as provided by an approved impact plan must establish an impact fund
				within its budget. The fund must be established and maintained in a manner
				consistent with accepted budgeting and accounting practices. The impact fund
				budget must reflect tax prepayments, grants or other impact revenues to be
				received from the developer and the expenditures contemplated by the approved
				impact plan. Within the fund, tax prepayments must be distinguished from grants
				or contributions by a separate account, for purposes of identifying future tax
				crediting obligations.
(b) The
				governing body shall provide the board with a copy of that portion of the
				adopted budget or budget amendment that is related to the impact plan and
				includes the impact fund, a copy of the resolution by which the governing body
				adopted the budget or budget amendment, and, upon request, the year-end budget
				report.
(c) The affected local
				governing body may request that the developer make the payments provided for in
				the approved impact plan and in the budget or budget amendment of the local
				government unit. The governing body shall send to the board a copy of each
				payment request. Each request must identify the name of the local government
				unit making the request; the date of the request; the name of the mineral
				developer responsible for making the payment; the amount of the requested
				payment; whether the request is for a tax prepayment, grant, or other funds;
				the purpose of the payment as specified in the approved impact plan; and the
				subaccount within the impact fund for which the payment is intended. The
				request must refer to the item on the payment schedule or to the page or pages
				in the approved impact plan on which the financial commitment and the purpose
				of the expenditure are specified. The request must bear the signatures of the
				governing body of the affected local government unit.
(d) The board will transmit payments made
				through the board upon written request from the governing body of the affected
				local government unit and upon receipt of that documentation specified in (c)
				and in ARM 8.104.211B.
(e) If the plan provides that payment is to
				be made by the developer directly to the county treasurer to be credited to the
				affected local government unit, the developer shall notify the board when the
				payment is made and the county treasurer shall notify the board when the
				payment is received. Each notice must contain or reference the information
				required in (c). Forms for requesting, making or acknowledging receipt of
				payment are available from the board.
(f) The mineral developer and the governing
				body of the affected local government unit shall provide the board with a copy
				of any facility impact bond agreement and guarantee entered into as a result of
				an approved impact plan within 15 days of their executing the agreement and
				guarantee. The agreement and guarantee become part of the approved impact
				plan.