reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.22 - OIL AND GAS CONSERVATION › Subchapter 36.22.17 - Horizontal Wells and Enhanced Tax Recovery Incentives › Rule 36.22.1704 - DETERMINATION OF PRODUCTION DECLINE RATE

Current through Register Vol. 13, July 5, 2024
(1)
				Production decline rates used for calculation of incremental production from
				secondary and tertiary recovery projects and expanded enhanced recovery
				projects will be determined by the board upon application of the operator and
				after notice and hearing. This determination may be made con-currently with the
				approval and certification of the enhanced recovery project, or at a subsequent
				hearing.
(2) The production decline
				rate for a project will be based on the primary producing mechanism(s) of the
				reservoir and, where applicable, the secondary recovery mechanism(s) of the
				project and the production history of the project. Where the production history
				of the project area is sufficient a decline rate will be determined by applying
				an exponential or hyperbolic method of analysis. If production history is not
				sufficient or appropriate an exponential or hyperbolic method may be applied to
				an analogous project, field, or well. Conventional or numeric reservoir
				performance analysis methods may also be used.
(3) The applicant for a hearing will file
				with the board's staff the production history data, the proposed analysis
				method(s), and any supporting information which the applicant intends to
				present at the hearing. This filing will be sufficiently in advance of the
				hearing to allow the staff an opportunity to review the data and methods
				selected in order to provide a recommendation for approval, modification, or
				rejection of the application to the board.
(4) The determination of the decline rate for
				individual wells in primary production which have been horizontally recompleted
				will be done by filing a request for determination with the board's staff. The
				operator may propose the method of analysis and provide data which it wishes
				the board's staff to use in the determination. The staff's determination will
				be presented to the board at the next available regular meeting. In the absence
				of a protest of the determination further evidence or testimony will not be
				required.
Sec.
					 7-7-2101 and
					 82-11-111 MCA; IMP, Sec.
					 15-23-601 and
					 15-36-101
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.22 - OIL AND GAS CONSERVATION › Subchapter 36.22.17 - Horizontal Wells and Enhanced Tax Recovery Incentives › Rule 36.22.1705 - FILING FEES

Current through Register Vol. 13, July 5, 2024
(1) An application
				for determination of the production decline rate from a new or expanded
				enhanced recovery project will pay a fee based upon:
(a) the number of wells which produce or have
				produced in the project area;
(b)
				the method used to analyze these data. Fees will be established at the time the
				request for determination is made to the board's staff and must be paid before
				the rate of decline is certified to the department of revenue. The fee schedule
				will be as follows:
Projects which require review/analysis of production
				  from:
10 or fewer producing wells
$100.00
10 to 100 wells
$100.00 plus $5.00 per well over 10
over 100 wells
$550.00 plus $2.50 per well over 100
Methods of analysis multiplier:
To the fee determined above multiply by:
1 (no multiplier)
exponential or hyperbolic analysisof project data
1.5
exponential or hyperbolic analysis of analog
							 project
2.0
numeric simulation or material balance/volumetric
							 methods
For unusually complex or atypical methods or projects, the
				  staff may request that the board establish a processing fee as part of the
				  approval/certification hearing for a particular project.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.22 - OIL AND GAS CONSERVATION › Subchapter 36.22.17 - Horizontal Wells and Enhanced Tax Recovery Incentives › Rule 36.22.1706 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
7-7-2101 and
					 82-11-111, MCA; IMP,
					 15-23-601 and
					 15-36-101,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.22 - OIL AND GAS CONSERVATION › Subchapter 36.22.17 - Horizontal Wells and Enhanced Tax Recovery Incentives › Rule 36.22.1707 - CERTIFICATION OF CARBON SEQUESTRATION EQUIPMENT

Current through Register Vol. 13, July 5, 2024
(1) For the
				purposes of this rule, "operator" means:
(a)
				the owner or operator of a carbon sequestration project approved by a state or
				federal agency; or
(b) the owner
				or operator of a closed-loop enhanced oil recovery operation located within an
				enhanced recovery project approved by the board.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.23 - DRINKING WATER STATE REVOLVING FUND ACT › Subchapter 36.23.1 - Financial Assistance › Rule 36.23.101 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The purpose of this subchapter is to
				implement the provisions of the Drinking Water State Revolving Fund Act
				pursuant to Title 75, chapter 6, part 2, MCA; and the Federal Safe Drinking
				Water Act, 42 USC
				300 f to
				42 USC
				300j-26, inclusive, as amended to January 1,
				1997.
(2) The act establishes a
				program under which the state may provide financial assistance to community
				water systems and nonprofit noncommunity water systems.
(3) The act delegates implementation of
				certain financial provisions to the department and certain technical provisions
				to the department of environmental quality.
(4) The act authorizes the department and the
				department of environmental quality to adopt rules within their respective
				authorities.
(5) The board of
				environmental review has adopted rules to assure that the state's regulations
				pertaining to public water supplies comply with the Federal Safe Drinking Water
				Act. ARM 17.38.101, et seq. and
				17.38.201, et seq.
(6) The department of environmental quality
				may adopt rules to implement the program.
(7) The act authorizes the use of the state
				revolving fund to make loans to community water systems and nonprofit community
				water systems and to provide financial and technical assistance to any public
				water system as part of a capacity development strategy.
(8) The department proposes rules to
				implement the making of loans to community water systems and nonprofit
				noncommunity water systems from the state revolving fund. The act further
				authorizes the state revolving fund to be used to purchase insurance for or to
				guarantee obligations issued by municipalities. The department reserves the
				right to adopt rules to implement a guarantee and insurance component of the
				program if it determines it is necessary or desirable.
75-6-205 and
					 75-6-232, MCA; IMP,
					 75-6-221,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.23 - DRINKING WATER STATE REVOLVING FUND ACT › Subchapter 36.23.1 - Financial Assistance › Rule 36.23.102 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In this subchapter, the following terms have the meanings
				  indicated below and certain of the terms are supplemental to the definitions
				  contained in Title 75, chapter 6, parts 1 and 2, MCA; sections 300f through
				  300j-26 of the Federal Safe Drinking Water Act, 42 USC, as amended, and ARM
				  17.38.101, et seq. and
				  17.38.201, et seq. Terms used but
				  not defined herein have the meanings prescribed in ARM 17.38.101, et seq. and
				  17.38.201, et seq. or the indenture of trust. (Definitions (2), (16), (23),
				  (28), (29), (30), (33), (35), (36), (40), (41), (42), (43) and (52) are
				  statutory definitions.)
(1) "Act"
				means Drinking Water State Revolving Fund Act, Title 75, chapter 6, part 2,
				MCA.
(2) "Administrative costs"
				means costs incurred by the department and the department of environmental
				quality in the administration of the program, including but not limited to:
(a) costs of servicing loans and issuing
				debt;
(b) program startup
				costs;
(c) financial, management,
				and legal consulting fees; and
(d)
				reimbursement costs for support services from other state agencies.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.23 - DRINKING WATER STATE REVOLVING FUND ACT › Subchapter 36.23.1 - Financial Assistance › Rule 36.23.103 - CONSTRUCTION OF RULES

Current through Register Vol. 13, July 5, 2024
(1) Any conflict
				between this subchapter and the indenture of trust shall be resolved in favor
				of the indenture of trust.
75-6-205, MCA; IMP,
					 75-6-205,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.23 - DRINKING WATER STATE REVOLVING FUND ACT › Subchapter 36.23.1 - Financial Assistance › Rule 36.23.104 - USE OF THE REVOLVING FUND

Current through Register Vol. 13, July 5, 2024
(1) The program
				must be administered in accordance with the act and the federal act and these
				rules.To the extent of any conflict therein, the act and the federal act take
				precedence over the rules.
(2)
				Money in the state revolving fund may be used, subject to limitations and
				compliance in any fiscal year with the intended use plan, to:
(a) make loans to community water systems and
				nonprofit noncommunity water systems as provided in these rules;
(b) buy or refinance the debt obligation of a
				municipality at an interest rate that does not exceed market rates, provided
				that the obligations were incurred and construction of the project began after
				July 1, 1993;
(c) leverage the
				total amount of state revolving funds available by providing a source of
				revenue or security for the payment of principal and interest on revenue or
				general obligation bonds issued by the state, the net proceeds of which are
				deposited in the state revolving fund;
(d) pay reasonable administrative costs of
				the program, not to exceed 4% of the annual capitalization grant or the maximum
				amount allowed under the federal act;
(e) if matched by an equal amount of state
				funds, pay the department's costs in an amount not to exceed 10% of the annual
				capitalization grant for the following:
(i)
				public water system supervision programs;
(ii) administering or providing technical
				assistance through source water protection programs;
(iii) developing and implementing a capacity
				development strategy under section 300g-9 of the federal act; and
(iv) administering an operator certification
				program in order to meet the requirements of section 300g-8 of the federal
				act;
(f) pay the costs
				in an amount not to exceed 2% of the annual capitalization grant for the
				purpose of providing technical assistance to public water systems serving
				10,000 or fewer persons. No less than 1.5% of the annual capitalization grant
				must be contracted by the department to private organizations or individuals
				for the purposes of this subsection; and
(g) reimburse the expenses, as provided for
				in 2-18-501 through
				2-18-503 and
				5-2-302, MCA, of the advisory
				committee while on official committee business.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.23 - DRINKING WATER STATE REVOLVING FUND ACT › Subchapter 36.23.1 - Financial Assistance › Rule 36.23.105 - ELIGIBILITY FOR GENERAL LOAN AND ASSISTANCE PROGRAMS

Current through Register Vol. 13, July 5, 2024
(1) The department will make loans only to
				community water systems and nonprofit noncommunity water systems for eligible
				projects included in the intended use plan according to priorities established
				therein and adopted in compliance with
				75-6-231, MCA, and department of
				environmental quality rules regarding the intended use plan and only for
				projects that qualify under the act and the federal act.
75-6-205, MCA; IMP,
					 75-6-221,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.23 - DRINKING WATER STATE REVOLVING FUND ACT › Subchapter 36.23.1 - Financial Assistance › Rule 36.23.106 - APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) The department shall, after consultation
				with the department of environmental quality, establish loan application
				procedures, including forms for the applications. Each application for a loan
				must include:
(a) a reasonably detailed
				description of the project;
(b) a
				reasonably detailed estimate of the cost of the project;
(c) a timetable for the construction of the
				project and for payment of the cost of the project;
(d) identification of the source or sources
				of funds to be used in addition to the proceeds of the loan to pay the cost of
				the project;
(e) the source or
				sources of revenue proposed to be used to repay the loan;
(f) a current financial statement of the
				system showing assets, liabilities, revenues, and expenses;
(g) a statement as to whether, at the time of
				application, there are any outstanding loans, notes, bonds or other obligations
				payable from the revenue of the public water system and, if so, a description
				of the loans, notes, bonds or other obligations;
(h) if the applicant is a private person, a
				statement as to whether, at the time of the application, there are any
				outstanding loans, notes, or other obligations of the private person and, if
				so, a description of the loans, notes, or other obligations;
(i) any information that the department may
				require in order to determine the effect of making the loan on the tax exempt
				status of the states bonds; and
(j)
				any other information that the department or the department of environmental
				quality may require to determine the feasibility of a project and the
				applicants ability to repay the loan, including but not limited to:
(i) engineering reports;
(ii) economic feasibility studies;
				and
(iii) legal opinions.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.23 - DRINKING WATER STATE REVOLVING FUND ACT › Subchapter 36.23.1 - Financial Assistance › Rule 36.23.107 - EVALUATION OF PROJECTS AND APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(1)
				The department of environmental quality shall evaluate projects and the
				department shall evaluate loan applications. In evaluating projects and
				applications, the following factors must be considered:
(a) the technical design of the project to
				ensure compliance with all applicable statutes, rules, and design
				standards;
(b) the financial
				capability of the applicant;
(c)
				the financial, managerial, and technical ability of the applicant to properly
				operate and maintain the project;
(d) the total financing of the project to
				ensure completion;
(e) the
				viability of the public water system;
(f) the ability of the public water system to
				pay the costs of the project without the requested financial
				assistance;
(g) the total amount of
				loan funds available for financial assistance in the state revolving
				fund;
(h) the total amount
				requested by other applications that have been received or that are likely to
				be received;
(i) the ranking of the
				project on the priority list in the intended use plan; and
(j) any other criteria that the department
				determines to be appropriate, considering the purposes of the program and the
				federal act.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.23 - DRINKING WATER STATE REVOLVING FUND ACT › Subchapter 36.23.1 - Financial Assistance › Rule 36.23.108 - PROOF OF FINANCIAL, MANAGERIAL OR TECHNICAL CAPABILITY

Current through Register Vol. 13, July 5, 2024
(1) The program may not provide assistance to
				a public water system that does not have financial, managerial and technical
				capability to assume compliance with the requirements of the federal act,
				except as provided herein. For purposes of these rules those terms shall have
				the following meanings:
(a) "Financial
				capability" shall mean the financial RESOURCES of the water system, including
				but not limited to the revenue sufficiency, credit worthiness, and fiscal
				controls.
(b) "Managerial
				capability" shall mean the management structure of the water system, including
				but not limited to ownership accountability, staffing and
				organization.
(c) "Technical
				capability" shall mean the physical infrastructure of the water system,
				including but not limited to the source water adequacy, infrastructure
				adequacy, and technical knowledge based on information provided by the borrower
				and its own inquiry of system operators.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.23 - DRINKING WATER STATE REVOLVING FUND ACT › Subchapter 36.23.1 - Financial Assistance › Rule 36.23.109 - FINANCIAL AND OTHER REQUIREMENTS FOR LOANS TO MUNICIPALITIES

Current through Register Vol. 13, July 5, 2024
(1) If a municipality is determined to have
				financial, technical, and managerial capabilities consistent with these rules
				and rules adopted by the department of environmental quality, the following
				types of bonds will be accepted by the department as evidence of and security
				for a loan under the program if Montana law authorizes the municipality to
				issue such bonds to finance the project and the department determines the
				municipality has the ability to repay the loan. Notwithstanding compliance with
				the provisions of state law, the department may determine that it will not
				approve the loan if it determines that the loan is not likely to be repaid in
				accordance with its terms or in the alternative it may impose additional
				security requirements that in its judgment it considers necessary.
75-6-205, MCA; IMP,
					 75-6-222,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.23 - DRINKING WATER STATE REVOLVING FUND ACT › Subchapter 36.23.1 - Financial Assistance › Rule 36.23.110 - GENERAL OBLIGATION BONDS

Current through Register Vol. 13, July 5, 2024
(1) The
				department may accept general obligation bonds issued by a municipality, upon
				the following terms:
(a) the bond will not
				cause the municipality to exceed its statutory indebtedness
				limitation;
(b) all statutory
				requirements for the issuance of such bonds shall have been met prior to the
				issuance of the bonds; and
(c) the
				election authorizing the issuance of the bonds has been conducted by the date
				of a binding commitment unless such requirement is waived by the
				department.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.23 - DRINKING WATER STATE REVOLVING FUND ACT › Subchapter 36.23.1 - Financial Assistance › Rule 36.23.113 - LOANS TO DISADVANTAGED MUNICIPALITIES

Current through Register Vol. 13, July 5, 2024
(1)
				Based on a consideration of socioeconomic factors and measures of financial
				condition, and in accordance with the provisions of the intended use plan, the
				department may agree not to impose the loan loss surcharge on the
				borrowers.
(2) The department may
				allow a disadvantaged municipality to repay its loan over a term not to exceed
				30 years, rather than 20 years, provided that the term of the loan does not
				exceed the expected design life of the project being financed.
75-6-205, MCA; IMP,
					 75-6-224,
					 75-6-226,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.23 - DRINKING WATER STATE REVOLVING FUND ACT › Subchapter 36.23.1 - Financial Assistance › Rule 36.23.114 - OTHER TYPES OF BONDS OR ADDITIONAL SECURITY OR COVENANTS FOR MUNICIPALTIES

Current through Register Vol. 13, July 5, 2024
(1) If a municipality wishes to secure a loan
				by a type of bond not specifically authorized in these rules, the department
				may accept the bond if the bond is duly authorized and issued in accordance
				with Montana law as evidenced by an opinion of bond counsel to that effect and
				the department determines that the terms and conditions of the bond, including
				the security therefor, are adequate. The department may impose upon the
				municipality wishing to issue such bonds such terms, conditions, and covenants
				consistent with the provisions of the law authorizing the issuance of such
				bonds that it deems necessary to make the bonds creditworthy and thus protect
				the viability of the program.
75-6-205, MCA; IMP,
					 75-6-212,
					 75-6-223,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.23 - DRINKING WATER STATE REVOLVING FUND ACT › Subchapter 36.23.1 - Financial Assistance › Rule 36.23.115 - FINANCIAL AND OTHER REQUIREMENTS FOR LOANS TO PRIVATE PERSONS

Current through Register Vol. 13, July 5, 2024
(1) It is anticipated that private persons or
				entities eligible for financing under the program may differ substantially in
				organizational structure, capitalization, creditworthiness, type and
				availability of security or collateral for the loan, and the numbers of users
				of the system. The department has determined it is not feasible to establish by
				rule specific underwriting criteria applicable to each type of loan to a
				private party. In general, for a loan to a private person or entity, the
				department shall determine, based on representations of the borrower and other
				information available to it, that adequate revenues exist, or are reasonably
				expected to be produced, to pay the principal of and interest on the loan when
				due, and that the borrower will provide, or cause to be provided, to the
				department security or other collateral providing reasonable assurance of
				payment in the event of a default.
(2) The department is authorized to request
				and review any financial information of the borrower or third parties who may
				provide collateral or additional security that the department may deem
				necessary and appropriate to make the determination required under
				(1).
(3) The department may require
				such security or collateral for a loan to a private person or entity as it may
				determine necessary and appropriate in the circumstances, taking into account,
				among other things, the nature of the borrower, the principal amount of the
				loan and the project being financed, including, but not limited to:
(a) a mortgage on the facilities being
				financed;
(b) a mortgage on other
				property of the borrower or a third party;
(c) an assignment of revenues or accounts
				receivable;
(d) personal, corporate
				or other guarantees;
(e) letters or
				lines of credit;
(f) certificates
				of deposit; and
(g) assignments or
				pledges of stock or other securities.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.23 - DRINKING WATER STATE REVOLVING FUND ACT › Subchapter 36.23.1 - Financial Assistance › Rule 36.23.116 - COVENANTS REGARDING FACILITIES FINANCED BY LOANS

Current through Register Vol. 13, July 5, 2024
(1) Specific requirements and covenants with
				respect to the system or improvements to the system being financed from the
				proceeds of the loan must be contained in the bond resolution of the
				municipality, forms of which are available from the department, and may include
				the requirements and covenants set forth herein. The bond resolution should be
				consulted for more specific detail as to each of these covenants. Given that a
				loan agreement cannot be reduced to general form, no such general form exists,
				and would need to be developed for each proposed loan under the program for the
				benefit of a private person.
(2)
				The borrower must meet the requirements listed in the federal act for projects
				providing legal assurance that all necessary property titles, easements, and
				rights-of-way have been obtained to construct, operate, and maintain the
				project.
(3) The borrower must
				submit an engineering report complying with plan and specification requirements
				for public water systems established by the board.
(4) The borrower must acquire:
(a) all property rights necessary for the
				project including rights-of-way and interest in land needed for the
				construction, operation, and maintenance of the facility;
(b) furnish title insurance, a title opinion,
				or other documents showing the ownership of the land, mortgages, encumbrances,
				or other lien defects; and
(c)
				obtain and record the releases, consents, or subordinations to the property
				rights for holders of outstanding liens or other instruments as necessary for
				the construction, operation, and maintenance of the project.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.23 - DRINKING WATER STATE REVOLVING FUND ACT › Subchapter 36.23.1 - Financial Assistance › Rule 36.23.118 - EVALUATION OF FINANCIAL MATTERS AND COMMITMENT AGREEMENT

Current through Register Vol. 13, July 5, 2024
(1) Before the commitment agreement is
				executed, the department shall conduct a review of the applicant's financial
				status and determine based on the information available whether the borrower
				will be able to repay the loan. This review must include an analysis of all
				assets and liabilities as well as an analysis of the system's financial
				capability and may include but not be limited to: condition of the system,
				number of current and potential users, existing and proposed user fees for
				system, existing and proposed user fees for other utilities in the
				jurisdiction, overlapping indebtedness within the jurisdiction and any other
				financial or demographic condition relevant to the applicant's ability to repay
				the loan, or any additional security to be provided. If on the review of such
				material, the department determines that the loan cannot be repaid in
				accordance with its terms, the application must be denied.
(2) Upon approval of the application, if the
				borrower is a municipality, the department may require the municipality, upon
				approval by its governing body, to enter into a commitment agreement in the
				form provided by the department with the department, pursuant to which the
				municipality agrees to adopt the bond resolution and issue the bond described
				therein, and to pay its origination fee in the event the municipality elects
				not to issue its bond, unless excepted from the requirement to pay the
				origination fee by the department.
(3) Upon approval of the application, if the
				borrower is a private person, the department may require the private person,
				upon approval by the appropriate person or entity, to enter into a commitment
				agreement in the form provided by the department with the department, pursuant
				to which the private person agrees to adopt the loan agreement and issue the
				bond described therein, and to pay its origination fee in the event the private
				person elects not to issue its bond, unless excepted from the requirement to
				pay the origination fee by the department.
75-6-205, MCA; IMP,
					 75-6-224,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.24 - WATER POLLUTION CONTROL STATE REVOLVING FUND ACT › Subchapter 36.24.1 - Financial Assistance › Rule 36.24.101 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The purpose of this subchapter is to
				implement provisions of the Water Pollution Control State Revolving Fund Act
				pursuant to Title 75, chapter 5, part 11, MCA; and sections 601 through 607 of
				Federal Water Pollution Control Act,
				33 USC
				1381 through
				1387, as amended.
(2) The act creates a financing mechanism for
				wastewater treatment projects and certain nonpoint source projects through use
				of loans and other financial incentives.
(3) The act authorizes the use of the state
				revolving fund to provide several types of financial assistance to
				municipalities and private persons. These rules implement financial assistance
				in the form of a loan to municipalities and private persons.
75-5-1105, MCA; IMP,
					 75-5-1103,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.24 - WATER POLLUTION CONTROL STATE REVOLVING FUND ACT › Subchapter 36.24.1 - Financial Assistance › Rule 36.24.103 - DIRECT LOANS

Current through Register Vol. 13, July 5, 2024
(1) The department
				may make a direct loan to a borrower for the purpose of financing or
				refinancing eligible projects costs of an eligible water pollution control
				project.
(a) The loan to a municipality must
				be evidenced by a bond issued by the governing body of the municipality
				pursuant to a bond resolution.
(b)
				The loan to a private person must be evidenced by a loan agreement approved and
				authorized for execution and delivery by the board of directors or such other
				governing body of the private person that is authorized by law to bind the
				private person.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.24 - WATER POLLUTION CONTROL STATE REVOLVING FUND ACT › Subchapter 36.24.1 - Financial Assistance › Rule 36.24.104 - TYPES OF BONDS; FINANCIAL AND OTHER REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The following types of bonds will be
				accepted by the department as evidence of and security for a loan to a
				municipality under the program if Montana law authorizes the municipality to
				issue such bonds to finance the project and the department determines the
				municipality has the ability to repay the loan. Notwithstanding compliance with
				the provisions of state law, the department may determine that it will not
				approve the loan if it determines that the loan is not likely to be repaid in
				accordance with its terms or it may impose additional requirements that in its
				judgment it considers necessary.
(a) The
				department may accept general obligation bonds issued by a municipality, upon
				the following terms:
(i) the bond will not
				cause the municipality to exceed its statutory indebtedness
				limitation;
(ii) all statutory
				requirements for the issuance of such bonds shall have been met prior to the
				issuance of the bonds; and
(iii)
				the election authorizing the issuance of the bonds has been conducted by the
				date of a binding commitment unless such requirement is waived by the
				department.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.24 - WATER POLLUTION CONTROL STATE REVOLVING FUND ACT › Subchapter 36.24.1 - Financial Assistance › Rule 36.24.105 - OTHER TYPES OF BONDS

Current through Register Vol. 13, July 5, 2024
(1) If a
				municipality wishes to secure a loan by a type of bond not specifically
				authorized in these rules, the department may accept the bond if the bond is
				duly authorized and issued in accordance with Montana law as evidenced by an
				opinion of bond counsel to that effect and the department determines that the
				terms and conditions of the bond, including the security therefore, are
				adequate. The department may impose upon the municipality wishing to issue such
				bonds such terms, conditions, and covenants consistent with the provisions of
				the law authorizing the issuance of such bonds that it deems necessary to make
				the bonds creditworthy and thus protect the viability of the program.
75-5-1105, MCA; IMP,
					 75-5-1113,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.24 - WATER POLLUTION CONTROL STATE REVOLVING FUND ACT › Subchapter 36.24.1 - Financial Assistance › Rule 36.24.106 - COVENANTS REGARDING FACILITIES FINANCED BY THE LOAN

Current through Register Vol. 13, July 5, 2024
(1) Specific requirements and covenants with
				respect to the system or improvements to the system being financed from the
				proceeds of the loan must be contained in the bond resolution of the
				municipality, forms of which are available from the department, and may include
				the requirements and covenants set forth herein. The form of bond resolution of
				the municipality should be consulted for more specific detail as to each of
				these covenants. Given that a loan agreement cannot be reduced to a general
				form, no such general form exists, and would need to be developed for each
				proposed loan to or for the benefit of each private person and the particular
				nonpoint source project.
(2) The
				borrower must:
(a) acquire all property
				rights necessary for the project including rights-of-way and interest in land
				needed for the construction, operation, and maintenance of the
				facility;
(b) furnish title
				insurance, a title opinion, or other documents showing the ownership of the
				land, mortgagee, encumbrances, or other lien defects; and
(c) obtain and record the releases, consents,
				or subordinations to the property rights from holders of outstanding liens or
				other instruments as necessary for the construction, operation, and maintenance
				of the project.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.24 - WATER POLLUTION CONTROL STATE REVOLVING FUND ACT › Subchapter 36.24.1 - Financial Assistance › Rule 36.24.108 - EVALUATION OF FINANCIAL MATTERS AND COMMITMENT AGREEMENT

Current through Register Vol. 13, July 5, 2024
(1) Before the commitment agreement is
				executed, the department shall conduct a review of the applicant's financial
				status and determine based on the information available as to whether the
				borrower will be able to repay the loan. This review must include an analysis
				of all assets and liabilities as well as an analysis of the system's financial
				capability and may include but not be limited to: condition of the system,
				number of current and potential users, existing and proposed user fees for
				system, existing and proposed user fees for other utilities in the
				jurisdiction, overlapping indebtedness within the jurisdiction and any other
				financial or demographic condition relevant to the applicant's ability to repay
				the loan. If on the review of such material, the department determines that the
				loan cannot be repaid in accordance with its terms, the application must be
				denied.
(2) Upon approval of the
				application, the department may require the municipality, upon approval by its
				governing body, to enter into a commitment agreement in the form provided by
				the department with the department, pursuant to which the municipality agrees
				to adopt the bond resolution and issue the bond described therein, and to pay
				its origination fee in the event the municipality elects not to issue its bond,
				unless excepted from the requirement to pay the origination fee by the
				department.
(3) Upon approval of
				the application, if the borrower is a private person, the department may
				require the private person, upon approval by the governing body of the person
				or entity, to enter into a commitment agreement (in the form provided by the
				department) with the department, pursuant to which the private person agrees to
				adopt the loan agreement and issue the bond or promissory note described
				therein, and to pay its origination fee in the event the private person elects
				not to issue its bond or proceed with the loan agreement, unless excepted from
				the requirement to pay the origination fee by the department.
75-5-1105, MCA; IMP,
					 75-5-1113,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.24 - WATER POLLUTION CONTROL STATE REVOLVING FUND ACT › Subchapter 36.24.1 - Financial Assistance › Rule 36.24.110 - TERMS OF LOAN AND BONDS

Current through Register Vol. 13, July 5, 2024
(1) The source of
				funding of the loans under this program initially will be 83.33% from the EPA
				and 16.67% from the proceeds of the state's bonds, as adjusted as permitted
				from time to time by the federal act, the act, and applicable program
				documents.
(a) The interest rate on the loan
				will be determined by the department at the time the loan is made. The rate on
				a loan must be such that the interest payments thereon and on other loans
				funded from the proceeds of the state's bonds will be sufficient, if paid
				timely and in full, with other available funds in the revolving fund including
				investment income, from which the loan was funded to pay the principal of and
				interest on the state's bonds issued by the state.
(b) The rate of interest on loans from the
				program will vary in accordance with the rate on the state's bonds from which
				the loan is made. The rate of interest on all loans financed from the proceeds
				of a specific issue of bonds will be the sale. The net interest cost on any
				loan may not exceed the net interest cost to the state on the state bonds from
				which such loan was made.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.24 - WATER POLLUTION CONTROL STATE REVOLVING FUND ACT › Subchapter 36.24.1 - Financial Assistance › Rule 36.24.111 - FINANCIAL AND OTHER REQUIREMENTS FOR LOANS TO PRIVATE PERSONS

Current through Register Vol. 13, July 5, 2024
(1) It is anticipated that the private
				persons or entities eligible for financing under the program may differ
				substantially in organizational structure, capitalization, creditworthiness,
				type and availability of security or collateral for the loan, and the numbers
				of users of the system. The department has determined it is not feasible to
				establish by rule specific underwriting criteria applicable to each type of
				loan to a private party. In general, for a loan to a private person or entity,
				the department shall determine, based on representation of the borrower and
				other information available to it, that adequate revenues exist, or are
				reasonably expected to be produced, to pay the principal of and interest on the
				loan when due, and that the borrower will provide, or cause to be provided, to
				the department security or other collateral providing reasonable assurance of
				payment in the event of a default.
(2) The department is authorized to request
				and review any financial information of the borrower or third parties who may
				provide collateral or additional security that the department may deem
				necessary and appropriate to make the determination required under
				(1).
(3) The department may require
				such security or collateral for a loan to a private person or entity as it may
				determine necessary and appropriate in the circumstances, taking into account,
				among other things, the nature of the borrower, the principal amount of the
				loan and the project being financed, including, but not limited to:
(a) a mortgage or trust indenture on the
				facilities being financed;
(b) a
				mortgage or trust indenture on other property of the borrower or a third
				party;
(c) an assignment of
				revenues or accounts receivable;
(d) personal, corporate or other
				guarantees;
(e) letters or lines of
				credit;
(f) certificates of
				deposit; and
(g) assignments or
				pledges of stock or other securities.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.101 - QUOTED MATERIAL

Current through Register Vol. 13, July 5, 2024
(1) Material
				enclosed in quotation marks, with the exception of terms defined in ARM
				36.25.102, is taken verbatim from
				the statutes or constitution of this state as cited following each
				quotation.
77-1-209, MCA; IMP,
					 77-1-209,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.103 - GENERAL PROVISIONS

Current through Register Vol. 13, July 5, 2024
(1) The board, as
				established by the constitution of Montana (Article X, section 4) "has the
				authority to direct, control, lease, exchange and sell school lands" and other
				lands granted for the support of education. It has the authority to issue
				leases for agriculture, grazing, mineral production, cabinsites, and other uses
				under such terms and conditions as best meet the duties of the board to the
				various trusts and the state of Montana. The board also has the authority to
				sell timber and other forest products. The board shall administer state land
				under the concept of multiple-use management.
(2) Failure to comply with any provisions
				contained in any rule is grounds for cancellation of the lease, permit or
				license, or assessment of any other penalty specified herein or by law. The
				department has the authority to make management decisions to protect the best
				interests of the state.
77-1-209, MCA; IMP,
					 77-1-202 through
					 77-1-204,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.104 - ADMINISTRATIVE DETAILS AND INFORMATION

Current through Register Vol. 13, July 5, 2024
(1)
				General inquiries, applications for leases, easements, land use licenses or
				permits, improvements, and any questions regarding the leasing or usage of
				state land may be directed to any of the department offices. Payment of all
				money required or permitted under these rules or pursuant to the provisions of
				any surface use shall be made to the department. All checks, drafts and money
				orders shall be made payable to "Montana Department of Natural Resources and
				Conservation." Sight drafts will not be accepted.
(2) The department shall maintain records of
				all state land. Such records shall contain all pertinent information concerning
				a particular tract of state land. Such records shall be open for public
				inspection at all times during regular business hours.
(3) Any notice or correspondence required to
				be sent to a lessee or licensee shall be sent to the name and address appearing
				on the lease, license or permit form filed in the department records.
				Correspondence sent by the department to such name and address shall be deemed
				sufficient notice for all purposes. If the lessee or licensee desires to change
				such address he must notify the department in writing. Any change in name of
				the lessee shall be made only through assignment procedures in ARM
				36.25.118.
77-1-209, MCA; IMP,
					 77-1-301,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.106 - TERM OF LEASE OR LICENSE

Current through Register Vol. 13, July 5, 2024
(1) In general, a
				lease or license for agricultural or grazing lands shall be for a five or ten
				year period and shall expire February 28, ten years or less from the beginning
				date of the lease or license.
(2) A
				lease for a use other than agricultural, grazing, cabinsite, or mineral
				production may be for up to 40 years. Leases for power sites or school sites
				may be for longer than 25 years.
(3) A land use license may be for a term not
				to exceed ten years.
77-1-202,
					 77-1-209, MCA; IMP,
					 77-6-109,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.107 - LEASE AND LICENSE FORMS, BID FORMS, AND BONDING

Current through Register Vol. 13, July 5, 2024
(1) The board must approve all lease forms
				and changes in lease forms prior to their use. The original of the lease shall
				be mailed to the lessee and the department shall keep the duplicate original on
				file.
(2) Leases shall be issued
				without bond unless required by the board. Licenses shall be issued without
				bond unless required by the department. If a bond is required it shall be under
				such conditions and in a form prescribed by the department.
(3) The department reserves the right to add
				special conditions to a lease or license to protect the interests of the trust
				and its resources.
77-1-209, MCA; IMP,
					 77-6-207,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.108 - LANDS AVAILABLE FOR LEASING OR LICENSING

Current through Register Vol. 13, July 5, 2024
(1)
				Lands available for leasing or licensing under these rules include any state
				land under the jurisdiction of the board.
(2) The department shall classify and
				reclassify land in accordance with its capability to support a particular use.
				The following classes are established in accordance with
				77-1-401, MCA:
(a) class 1 shall be grazing land;
(b) class 2 shall be timber land;
(c) class 3 shall be agricultural
				land;
(d) class 4 shall be
				cabinsites and land uses other than grazing, timber or agricultural.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.109 - RECLASSIFICATION

Current through Register Vol. 13, July 5, 2024
(1) Any person desiring to lease a tract of
				state land or portion thereof for any use other than the present classification
				must submit an application proposing such alternative use. If such application
				is received from anyone other than from the existing lessee for a
				reclassification, then proper notice shall be given to the appropriate lessee.
				The department shall conduct a capability inventory of the tract, and if it
				determines such proposed use to be in the best interests of the state, the
				tract may be reclassified and leased for such alternative use. The person
				submitting an application for reclassification will be notified of the
				department's decision at least 90 days prior to the date applications and bids
				for leases or licenses are due.
(2)
				Each tract of land reclassified to be leased for an alternative use shall be
				subject to the bidding procedures for unleased land as described in ARM
				36.25.115, except:
(a) where classified grazing land is
				reclassified to agricultural land upon application of the existing lessee;
				or
(b) land upon which a cabinsite
				was in existence on or before October 1, 1983.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.110 - MINIMUM RENTAL RATES

Current through Register Vol. 13, July 5, 2024
(1) All leases on
				agricultural lands shall be continued or made upon a crop share rental basis of
				not less than one-fourth of the annual crops to the state or the usual
				landlord's share prevailing in the district, whichever is greater. For purposes
				of this rule, a district means the county or counties where the leased lands
				are located. The board may approve special crop share rentals of less than
				one-fourth as per
				77-6-501, MCA.
(2) The department may authorize a lease or
				license upon a basis other than cropshare. In those cases the rental shall at
				least equal the value of the usual landlord share prevailing in the district.
(a) Such accommodations may occur only once
				during the term of the lease unless changes in crops are
				contemplated.
(b) Such rental rate
				consideration may only be approved by the director upon proper written
				application by lessee or licensee.