Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.1 - ORGANIZATIONAL RULE › Subchapter 36.1.1 - N/A › Rule 36.1.101 - ORGANIZATION OF DEPARTMENT

Current through Register Vol. 13, July 5, 2024
(1) History and
				Purpose. The Department of Natural Resources and Conservation was established
				under the Executive Reorganization Act of 1971 by executive order of the
				Governor on December 20, 1971. It was extensively reorganized by the 1995
				Legislature and is provided for in
				2-15-3301,
				MCA. Its mission is to help ensure Montana's land and water resources provide
				benefits for present and future generations. The department directs a wide
				variety of programs in meeting these and related goals and
				objectives.
(2) Organization. The
				department is headed by the director, who is appointed by the Governor. Within
				the Director's Office are a deputy director and a chief of staff, who report to
				the director, and five work units: Financial Services Office; Human Resources
				Office; Legal Services Office; Office of Administrative Hearings, and Office of
				Information Technology. The five work units and the public information officer,
				safety officer, and records manager report to the chief of staff. The rest of
				the department is divided into five divisions, each of which is headed by an
				administrator who reports to the deputy director. The divisions are divided
				into bureaus, programs, or sections; headed by chiefs, managers, and
				supervisors; with some programs administered by regional or area office staff.
				Two boards are attached to the department for administrative purposes only as
				provided in
				2-15-3303
				and
				2-15-3307,
				MCA. The Board of Land Commissioners appears in these rules because it has
				authority under Title 77, chapter 1, part 2, MCA, to administer state trust
				lands and the funds arising from the leasing, use, sale, and disposition of
				those lands. All three boards exercise rulemaking and adjudicatory functions.
				Six attached advisory councils, commissions, and committees advise the
				department but exercise no rulemaking authority.
(3) Department Organizational Units. The
				organizational structure and allocation of functions is as follows. The various
				boards, commissions, and advisory councils are also listed, as they are units
				of the department, pursuant to
				2-15-102, MCA.
(a) Director's Office. The director is
				responsible for the administration of all the functions vested by law in the
				department and for establishing policy to be followed by the department. In
				addition, the Director's Office provides legal, human resources, financial,
				information technology, records management, administrative hearings, safety,
				and communication services to the director and the divisions within the
				agency.
(b) Conservation and
				Resource Development Division. The division provides administrative, financial,
				technical, and legal assistance to the state's 58 soil and water conservation
				districts in their efforts to protect the state's natural resources. The
				division staffs the Sage Grouse Habitat Conservation Program for the Montana
				Sage Grouse Oversight Team (MSGOT) attached to the Governor's Office and five
				agencies administratively attached to the division. The division also
				administers several grant and loan programs which assist communities and local
				governments to benefit natural resources.
(i)
				Office of Conservation Finance. This office administers the Resource
				Development Bureau, prepares and manages the cash flow of all division
				programs, issues loans to local governments for water and wastewater
				infrastructure improvement through fiscal administration of the Water Pollution
				Control State Revolving Fund and Drinking Water State Revolving Fund loan
				programs, Renewable Resource loan program, and the Treasure State Endowment
				Regional Water program.
(ii)
				Resource Development Bureau. This bureau administers several grant programs
				that assist communities and local governments to improve, protect, enhance, or
				develop renewable resources or that otherwise benefit natural resources through
				reclamation, planning, research, and education. This bureau also assists the
				conservation districts in the administration of water reservations to ensure
				the quality of public resources.
(iii) Conservation Districts Bureau. This
				bureau is responsible for providing administrative, financial, technical, and
				legal guidance and assistance to conservation districts in their work to
				encourage proper land use practices. The conservation districts establish
				programs to prevent soil erosion, minimize saline seep, control noxious weeds,
				maintain water quality, prevent floodwater and sediment damage, assist rural
				economic development, provide watershed and rangeland management, and assist
				with development, use, and disposal of water. The bureau also provides grants
				to qualified conservation districts; and awards loans and grants for projects
				that develop, maintain, or improve water and other renewable
				resources.
(iv) Sage Grouse Habitat
				Conservation Program. This program performs the duties assigned to the Montana
				Sage Grouse Oversight Team in the Montana Greater Sage-Grouse Stewardship Act
				and Executive Orders 10-2014, 12-2015, and 21-2015.
(v) Administrative Attachments. Staff
				reporting to the administrator perform the duties assigned to the Montana
				Invasive Species Council, Flathead Basin Commission, Upper Columbia
				Conservation Commission, Rangeland Resources Committee, and Grass Conservation
				Commission.
(c) Forestry
				Division. This division is responsible for ensuring the sustainability and
				protection of Montana forests, rural lands, and communities through cooperative
				wildland fire protection, sound forest management practices, and by promoting a
				viable forest-based economy.
(i) Forestry
				Division Office. This office oversees, manages, and develops Forestry Division
				budget, accounting, contracting, grant, fiscal and facility management
				activities; sets and administers policy concerning fire suppression financial
				operating and contracting procedures and fire incident business management
				procedures; and administers division human resource activities.
(ii) Fire Protection Bureau. This bureau
				protects lives, property, and natural resources from wildfire by providing safe
				and effective services to Montana's citizens, as well as leadership,
				coordination, and resources to the state's wildfire organizations. To the
				extent possible, the bureau embraces effective wildfire response, fire adapted
				communities, and resilient landscapes.
(iii) Forestry Assistance Bureau. This bureau
				promotes the implementation of the Montana Forest Action Plan: working across
				boundaries building resilient forests, sustainable economies, and fire-adapted
				communities. This program also connects landowners with technical guidance and
				cost-share programs to actively manage forests, provides seedlings for
				conservation projects statewide, and is responsible for ensuring compliance
				with the Streamside Management Zone Law, Timber Slash and Debris Law, and the
				Forest Practice Notification Law on non-federal lands.
(iv) Good Neighbor Authority Bureau. This
				bureau is organized around the existing federal Good Neighbor Authority, to
				increase forest restoration and management, and address forest health and
				resiliency, wildfire risk, and insect and disease infected forests through
				active management. This is accomplished through partnerships with federal land
				management agencies, conservation organizations and collaboratives. In addition
				to improving forest health and reducing wildfire risk, these efforts provide a
				consistent commercial timber volume, retain forest industry jobs, and improve
				wildlife habit and recreation opportunities on federal lands.
(v) Shared Stewardship Program. This program
				engages with a diverse group of partners to respond to the United States Forest
				Service Shared Stewardship Strategy, which calls for the state to take a lead
				role in convening stakeholders to set priorities across broad forested
				landscapes.
(d) Trust
				Land Management Division. This division is responsible for managing the surface
				and mineral resources of forested, grazing, agricultural, and other classified
				state trust lands to produce revenue for the benefit of state public schools
				and other endowed institutions.
(i)
				Agriculture and Grazing Bureau. This bureau is responsible for leasing and
				managing surface leasing for crop and rangeland uses on state trust lands
				throughout the state.
(ii) Forest
				Management Bureau. This bureau manages forested trust lands to maximize
				long-term revenue while promoting healthy and diverse forests. Revenues are
				derived mainly from the sale of forest products. Several resource management
				sections provide support and program direction by developing resource
				management standards; conducting site-specific reviews; and formulating
				recommendations as members of interdisciplinary teams that develop land
				management proposals.
(iii)
				Minerals Management Bureau. This bureau is responsible for leasing, permitting,
				and managing state-owned minerals. These duties include oil and gas,
				metalliferous and non-metalliferous, coal, and sand and gravel agreements on
				trust and other state-owned land. The bureau contains a royalty auditing and
				accounting section.
(iv) Real
				Estate Management Bureau. This bureau is responsible for all activity on state
				trust lands not classified as grazing, agriculture, or timber. This includes
				commercial and residential leasing, short-term licenses, land exchanges and
				sales, and right-of-way agreements.
(v) Recreational Use & Public Access
				Program. This program works with all surface bureaus and area offices in
				overseeing and coordinating public access and recreational uses of state trust
				lands.
(e) Water
				Resources Division. This division promotes and coordinates the beneficial use,
				conservation, protection, and development of state water resources. Through
				coordination of the development and utilization of the state's water, the
				division protects existing uses and promotes adequate future supplies for
				domestic, industrial, agricultural, and recreational uses, as well as for the
				conservation of water for wildlife, aquatic life, and other beneficial uses.
(i) State Water Projects Bureau. This bureau
				administers the operation and maintenance of state-owned water projects which
				include dams, irrigation canals, and a hydropower facility. The bureau also
				assists the Department of Fish, Wildlife and Parks with their dam safety
				issues.
(ii) Water Adjudication
				Bureau. This bureau assists the Montana Water Court in the adjudication of all
				claims to pre-July 1, 1973, water rights. The bureau examines all claims
				pursuant to Supreme Court rules and provides a summary report to the Water
				Court on each of the basins in the state. The bureau also provides post decree
				assistance to the Water Court as requested and to district courts as Water
				Court decrees are placed under enforcement.
(iii) Water Management Bureau. This bureau
				develops and analyzes policies on statewide water resource issues and
				represents Montana's basin interests regionally and internationally. The bureau
				also provides education, assistance, and outreach for the public, department,
				and other governmental entities.
(iv) Water Operations Bureau. This bureau
				administers the Board of Water Well Contractors, regulates dam safety, assists
				locally administered floodplain management programs, and provides technical
				information and water measurement requirements regarding stream diversion where
				chronic dewatering has caused disputes.
(v) Water Rights Bureau. This bureau assures
				the orderly appropriation and beneficial use of Montana's waters through
				administration of the Montana Water Use Act, Title 85, chapter 2,
				MCA.
(vi) Compact Implementation
				Program. This unit represents Montana's interests with respect to reserved
				water right compacts between the State of Montana, tribal nations, and the
				federal government and is responsible for leading the implementations of the
				individual compacts.
(f)
				Field Operations.
(i) Conservation and
				Resource Development Division Field Offices. The division has four field
				offices in Missoula, Glasgow, Miles City, and Bozeman. The staff at Miles City
				report to the Conservation District Bureau chief. The staff at Glasgow report
				to the Resource Development Bureau chief. The staff at Missoula and Bozeman
				report to the division administrator.
(ii) Trust Land Management Division and
				Forestry Division Area and Unit Offices. These divisions have six joint area
				offices: Central Land Office (Helena); Eastern Land Office (Miles City);
				Northeastern Land Office (Lewistown); Northwestern Land Office (Kalispell);
				Southern Land Office (Billings); and Southwestern Land Office (Missoula). The
				managers report jointly to the division administrators of the Trust Land
				Management and Forestry divisions and are responsible for integrating and
				implementing the programs of those divisions. Area offices have associated unit
				offices whose managers report to the appropriate area manager.
(iii) Water Resources Division Regional
				Offices. This division has eight field offices in Billings, Bozeman, Glasgow,
				Havre, Helena, Kalispell, Lewistown, and Missoula. The managers report to the
				deputy division administrator and are responsible for integrating and
				implementing the programs of the Water Resources Division.
(g) Boards.
(i) Board of Land Commissioners. Under the
				Constitution and statute, the department's administration of state trust lands
				in Montana is subject to review and approval by the board. Under the direction
				of the board, the director is responsible for the administration of state trust
				lands management functions vested in the department under the Trust Land
				Management Division. The board has rulemaking authority.
(ii) Board of Oil and Gas Conservation. This
				board consists of seven members appointed by the Governor to four-year terms.
				The board is attached to the department for administrative purposes only.
				Responsibilities include promoting conservation of oil and gas; preventing
				waste, contamination, and damage to land and underground strata from oil and
				gas activities; establishing well spacing units and protecting the correlative
				rights of mineral owners; and, subject to approval by the U.S. Environmental
				Protection Agency, regulating all Class II injection wells. The board has
				rulemaking authority.
(iii) Board
				of Water Well Contractors. This board consists of five members and is attached
				to the department for administrative purposes under the Water Resources
				Division. Three of the members are appointed by the directors of their
				respective agencies for indefinite terms, and two Governor-appointed members
				represent the water well industry. The board adopts administrative rules
				regulating licenses and establishing minimum construction standards for water
				wells and monitoring wells; inspects wells upon request or complaint, and at
				other times as deemed necessary; and licenses well drillers, contractors, and
				monitoring well constructors.
(h) Commissions, Committees, and Advisory
				Councils.
(i) Drought and Water Supply
				Advisory Committee - Stream Gauge Oversight Work Group. This committee is
				chaired by the Governor's representative and consists of members appointed by
				the Department of Natural Resources and Conservation, Department of
				Agriculture, Department of Fish, Wildlife and Parks, Department of Military
				Affairs, Department of Environmental Quality, and Department of Livestock,
				pursuant to
				2-15-3308,
				MCA. Its purpose is to serve as a clearinghouse for the sharing of water supply
				and moisture conditions among state and local agency officials with
				responsibility to manage natural resources and support constituents most likely
				affected by drought. The function of the work group is to annually create a
				stream gauge infrastructure work plan.
(ii) Flathead Basin Commission. This
				commission consists of members appointed as described in
				2-15-3330,
				MCA. Its purpose is to protect the existing high quality of the Flathead Lake
				aquatic environment; the waters that flow into, out of, or are tributary to the
				lake; and the natural resources and environment of the Flathead
				Basin.
(iii) Montana Grass
				Conservation Commission. This commission is a Governor-appointed board as
				described in
				76-16-112,
				MCA, whose mission is to conserve, protect, restore, and facilitate the proper
				utilization of grass, forage, and range resources in the state by organizing
				and administering the state grazing districts and by promoting cooperation
				between the Bureau of Land Management, U.S. Forest Service, Department of
				Natural Resources and Conservation, and the state districts.
(iv) Rangeland Resource Committee. This
				committee is composed of ranchers located across the state and appointed by the
				Governor pursuant to
				2-15-3305,
				MCA. The committee provides guidance to the Rangeland Resources Program in the
				Conservation and Resource Development Division.
(v) Montana Invasive Species Council. This
				council consists of members appointed by the Governor as described in
				2-15-3309,
				MCA. The purpose of the council is to advise the Governor on a science-based,
				comprehensive program to identify, prevent, eliminate, reduce, and mitigate
				invasive species in Montana and to coordinate with public and private partners
				to develop and implement statewide invasive species strategic plans.
(vi) Upper Columbia Conservation Commission.
				This commission consists of members appointed by the Governor as described in
				2-15-3310,
				MCA. The purpose of the commission is to protect the aquatic environment in
				tributaries to the Columbia River from the threat of aquatic invasive
				species.