reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.11 - Navigable Waterways › Rule 36.25.1105 - FEES FOR USES IN NAVIGABLE WATERWAYS

Current through Register Vol. 13, July 5, 2024
(1) The
				lease, license, or easement area shall consist of the footprint only.
(2) The application fee for a land use
				license, lease, or easement for a use of the bed of a navigable waterway is
				$50.
(3) The annual fee for a land
				use license for the use of the bed of a navigable waterway is $150. The license
				fee for the first year shall be $150 without regard to the date when the
				license term begins.
(4) The fee
				for a lease for the use of the bed of a navigable waterway shall be the greater
				of the product of the lease rate multiplied by the calculated market value of
				the footprint, any competitive bid received, or a minimum fee of $150. The
				process for calculating the market value lease rate will be as described in
				77-1-905, MCA, and ARM
				36.25.915. The department reserves
				the right to impose higher market value lease rates where the proposed use of
				the bed subjects the state, the department, or the trust beneficiaries to
				greater risk of damage to trust lands. However, generally, the market value
				lease rates will be guided by consideration of various market and risk factors,
				including, but not limited to:
(a) the
				potential for waste, and the costs of demolition, reclamation, and
				liability;
(b) market evidence;
				and
(c) the current fee schedule
				developed by the department.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.11 - Navigable Waterways › Rule 36.25.1106 - SELECTION OF LEASE, LICENSE, OR EASEMENT

Current through Register Vol. 13, July 5, 2024
(1)
				An applicant may apply for a land use license for a noncommercial or
				nonresidential use of the bed of a navigable river requiring a term of ten
				years or less.
(2) An applicant may
				apply for a lease for commercial or residential use of the bed of a navigable
				river requiring a term of 99 years or less.
(a) A lease will be issued by the department
				through a competitive bid process pursuant to
				77-1-904, MCA.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.11 - Navigable Waterways › Rule 36.25.1107 - RELOCATION AND EXPANSION OF FOOTPRINT; CHANGE OF USE

Current through Register Vol. 13, July 5, 2024
(1) The holder of a lease, license, or
				easement for a water diversion associated with an existing water right shall
				submit a notice to the department on a form as prescribed by the department
				when a footprint or associated facilities are proposed to be relocated or
				expanded.
(2) The holder of a
				lease, license, or easement within a navigable river may increase the size of
				the footprint or relocate the footprint and associated improvements, or both.
				The department will determine whether to:
(a)
				amend the existing lease, license, or easement; or
(b) issue a new lease, license, or
				easement.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.11 - Navigable Waterways › Rule 36.25.1108 - HISTORICAL USES IN NAVIGABLE WATERWAYS

Current through Register Vol. 13, July 5, 2024
(1)
				Persons using the bed of a navigable river adjudicated before October 1, 2011,
				without written authorization from the department prior to October 1, 2011,
				that wish to continue the use must complete an application prescribed by the
				department and provide the application to the department by July 15,
				2017.
(2) Persons using the bed of
				a river adjudicated as navigable after December 7, 2012, without prior written
				authorization from the department, that wish to continue their use must
				complete an application prescribed by the department and submit the application
				to the department within five years of the date that the department issues a
				public notice that the river has been adjudicated as navigable. The
				requirements of this rule do not apply to:
(a) footprints related to hunting, fishing,
				or trapping;
(b) footprints that
				existed prior to November 8, 1889;
(c) footprints for which the applicant can
				show an easement obtained from a state agency prior to December 7, 2012, or the
				date of adjudication, whichever is later; or
(d) footprints associated with a power site
				regulated pursuant to Title 77, chapter 4, part 2, MCA.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.26 - YELLOWSTONE RIVER COMPACT › Subchapter 36.26.1 - Dispute Resolution › Rule 36.26.101 - PURPOSE AND GOAL

Current through Register Vol. 13, July 5, 2024
(1) The purpose of
				these rules is to define the dispute resolution process provided for in Article
				III.F. of the Yellowstone River Compact.
(2) The goal of the dispute resolution
				process is to encourage joint problem solving and consensus building. It
				consists of three phases: unassisted negotiation, facilitation, and
				voting.
(3) Any agreement reached
				through this process is binding on Montana, Wyoming, and the United States
				geological survey (USGS).
(4)
				Either state can initiate the dispute resolution process established in these
				rules and the other state is obligated to participate in good faith. The issues
				pursued under this dispute resolution process shall be both substantive and
				require timely resolution.
85-20-109,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.26 - YELLOWSTONE RIVER COMPACT › Subchapter 36.26.1 - Dispute Resolution › Rule 36.26.102 - CONSENSUS

Current through Register Vol. 13, July 5, 2024
(1) In the process of administering the
				Yellowstone River Compact, the representatives from Montana and Wyoming seek
				consensus.
(2) Consensus is an
				agreement that is reached by identifying the interests of Montana and Wyoming
				and then building an integrative solution that maximizes the satisfaction of as
				many of the interests as possible. The process of seeking consensus does not
				involve voting, but a synthesis and blending of alternative
				solutions.
85-20-109,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.26 - YELLOWSTONE RIVER COMPACT › Subchapter 36.26.1 - Dispute Resolution › Rule 36.26.103 - UNASSISTED NEGOTIATION

Current through Register Vol. 13, July 5, 2024
(1) In all
				situations, the representatives from Montana and Wyoming shall first attempt to
				seek consensus through unassisted negotiation. The federal representative will
				not serve as chairperson in the unassisted negotiation process.
(2) During a negotiation process, the
				representatives from Montana and Wyoming shall identify issues about which they
				differ, educate each other about their needs and interests, generate possible
				resolution options, and collaboratively seek a mutually acceptable
				solution.
(3) To help facilitate
				negotiations, the representatives from Montana and Wyoming in cooperation with
				the USGS agree to share technical information and develop joint data bases.
				Other data sources may also be used.
(4) The USGS shall serve as technical advisor
				in the two-state negotiations.
85-20-109,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.26 - YELLOWSTONE RIVER COMPACT › Subchapter 36.26.1 - Dispute Resolution › Rule 36.26.104 - FACILITATION

Current through Register Vol. 13, July 5, 2024
(1) If the representatives from Montana and
				Wyoming are not able to reach consensus through unassisted negotiation, they
				shall each identify, articulate, and exchange, in writing, the unresolved
				issues.
(2) The representatives
				from Montana and Wyoming shall then jointly appoint a facilitator to assist in
				resolving the outstanding dispute. If the representatives from Montana and
				Wyoming cannot identify a mutually acceptable facilitator, the representative
				appointed by the USGS shall appoint a facilitator.
(3) A facilitator, for purposes of this rule,
				is defined as a neutral third party that shall help the representatives from
				Montana and Wyoming communicate, negotiate, and reach agreements voluntarily.
				The facilitator is not empowered to vote or render a decision.
(4) The facilitator shall assist the
				representatives from Montana and Wyoming in developing appropriate ground rules
				for each facilitated session including establishing a deadline for completion
				of the facilitation process, setting an appropriate agenda, identifying issues,
				collecting and analyzing technical information, developing options, packaging
				agreements, and preparing a written agreement. The facilitator may meet
				privately with each representative during the facilitation process.
85-20-109,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.26 - YELLOWSTONE RIVER COMPACT › Subchapter 36.26.1 - Dispute Resolution › Rule 36.26.105 - VOTING

Current through Register Vol. 13, July 5, 2024
(1) If the representatives from Montana and
				Wyoming are unable to reach consensus with the assistance of a facilitator, a
				dispute may be settled by voting.
(2) The representatives from Montana and
				Wyoming, along with the representative appointed by the director of the USGS,
				are each entitled to one vote.
(3)
				If the USGS representative does not vote in accordance with Article III.F.,
				then the director of the USGS will select, with concurrence from Wyoming and
				Montana, a neutral third party to vote.
(4) If the representative appointed by the
				director of the USGS is not involved in the steps outlined in ARM
				36.26.103 and
				36.26.104, each state shall have
				the opportunity to present appropriate information to that representative. This
				information may be presented through both oral presentations and written
				documents. All information will be shared with the other state. The
				representative of the USGS may also consult the facilitator in an attempt to
				resolve any disputes.
(5) The USGS
				shall pay the expenses of the representative appointed by the director of the
				USGS.
(6) Points of disagreement
				shall be resolved by a majority vote.
85-20-109,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.26 - YELLOWSTONE RIVER COMPACT › Subchapter 36.26.1 - Dispute Resolution › Rule 36.26.106 - FUNDING

Current through Register Vol. 13, July 5, 2024
(1) The USGS will pay one-half and the states
				of Montana and Wyoming shall each pay one-quarter of the expenses of the
				facilitator, which shall not exceed $10,000, unless agreed to by both states
				and the USGS.
85-20-109,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.26 - YELLOWSTONE RIVER COMPACT › Subchapter 36.26.1 - Dispute Resolution › Rule 36.26.107 - AMENDMENTS

Current through Register Vol. 13, July 5, 2024
(1) These rules may be amended or revised by
				a unanimous vote of the commission.
85-20-109,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.27 - LAND ADMINISTRATION › Subchapter 36.27.1 - Rules Governing the Resource Development Division › Rule 36.27.101 - RESOURCE DEVELOPMENT

Current through Register Vol. 13, July 5, 2024
(1) Projects will
				be undertaken only when, in the judgment of the department, the lessee has a
				record of good management of the land or shows evidence of improving the
				management of the land in order that maximum development can be
				achieved.
(2) In carrying out the
				above objectives, all assistance available from other state or federal agencies
				will be utilized.
(3) Agreements
				between the state and the lessee will be prepared to cover such details as work
				to be done, when, where and how it will be done and by whom. The state may also
				enter into joint contracts or agreements with other individuals if necessary
				for full development of the resource.
(4) The department will contract for goods
				and services required in project development and will call for bids under the
				department of administration when required.
(5) The department will make a land
				capability survey or resource inventory before and after a development or an
				improvement is undertaken.
(6)
				Before an irrigation development is started, a soil survey and topographic
				survey must be made. A study to show water availability and quality as well as
				balance between land and water must also be made. A complete investigation of
				water rights will be made.
(7)
				Where vegetative practices are employed, a study of the location, rainfall,
				soil and topography will be made to ascertain the probable results of such
				practices. Other considerations would be the probability of reinfestation of
				brush and weeds, the likelihood of reseeding by desirable species, and the
				practicability of deferring the land while it recovers.
(8) Conservation of wildlife habitat will be
				a consideration in any project undertaken. Every effort will be made to
				preserve existing habitat and wherever feasible plans for increased cover and
				feed will be incorporated into the projects.
(9) Certain areas of state land can be
				readily adapted to recreational purposes. In developing these areas
				consideration will be given to multiple use of the state land.
77-1-601, MCA; IMP,
					 77-1-604 through
					 77-1-607,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.27 - LAND ADMINISTRATION › Subchapter 36.27.2 - Rules Governing the Establishment, Administration, and Management of State Natural Areas › Rule 36.27.202 - APPLICABILITY AND SCOPE OF RULES

Current through Register Vol. 13, July 5, 2024
(1) A state
				natural area may be established on any parcel of land on which sufficient
				interest can be acquired, by any lawful means, to an extent that the
				administrative jurisdiction of the board will provide for the protection of the
				area in accordance with the Montana Natural Areas Act of 1974, this
				sub-chapter, and the master plan which is promulgated for the area.
76-12-112, MCA; IMP,
					 76-12-108,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.27 - LAND ADMINISTRATION › Subchapter 36.27.2 - Rules Governing the Establishment, Administration, and Management of State Natural Areas › Rule 36.27.203 - DUTIES OF THE DEPARTMENT

Current through Register Vol. 13, July 5, 2024
(1) All
				administrative acts which are required to propose the designation of and
				maintain each state natural area, and a state-wide system of state natural
				areas, shall be the department's responsibility.
(2) The department shall make annual
				inspections on each state natural area, and record its findings in an attempt
				to determine what prudent and necessary changes are needed in the master plan.
				The integrity of the state natural area will be assessed, in this inspection,
				to determine if the area is being maintained in accordance with the Montana
				Natural Areas Act of 1974, this sub-chapter, and the master plan.
(3) Should a managing entity fail to manage
				the state natural area in accordance with the Montana Natural Areas Act of
				1974, this sub-chapter, and the master plan, the department shall undertake
				such actions as are necessary for the maintenance and protection of the state
				natural area.
(4) The department
				will include, as an additional consideration in its review process for land use
				decisions, a review of all applications and proposals for significant actions
				which would unalterably preclude the designation of a potential state natural
				area. Should this preliminary review indicate that the affected area possess
				characteristics which could qualify it for designation as a state natural area,
				the department will conduct or acquire all of the resource evaluations and
				information which it considers necessary for determining if the site should be
				proposed for designation as a state natural area. This evaluation will be
				completed within a period of 1 year from the initial date of the application or
				proposal. Should this evaluation indicate that the area in question qualifies
				for designation as a state natural area, the application or proposal shall not
				be granted or approved. The department shall maintain a file summarizing the
				actions taken to fulfill this duty.
(5) In the event that the department becomes
				the managing entity of a state natural area, it will also fulfill all of the
				duties of the managing entity as herein required.
76-12-112, MCA; IMP,
					 76-12-105 and
					 76-12-106,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.27 - LAND ADMINISTRATION › Subchapter 36.27.2 - Rules Governing the Establishment, Administration, and Management of State Natural Areas › Rule 36.27.204 - DUTIES OF THE MANAGING ENTITY

Current through Register Vol. 13, July 5, 2024
Every state natural area shall have a managing entity. The
				  primary duties of the managing entity are as follows:
(1) to maintain the integrity of the state
				natural area and retain as nearly as possible all of the natural attributes of
				the site;
(2) to assure that the
				use of the state natural area is consistent with the intent of the Montana
				Natural Areas Act of 1974, the requirement of this sub-chapter, and that the
				master plan is fulfilled in its entirety.
76-12-112,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.27 - LAND ADMINISTRATION › Subchapter 36.27.2 - Rules Governing the Establishment, Administration, and Management of State Natural Areas › Rule 36.27.205 - MASTER PLAN

Current through Register Vol. 13, July 5, 2024
(1) There shall be
				a master plan for each state natural area. The master plan shall set forth in
				detail the responsibility for the management of an individual state natural
				area. Each master plan shall be reviewed by the council and the managing entity
				and be approved by the board.
(2)
				As a minimum, each master plan shall include the following management
				practices:
(a) use of state natural areas
				shall be allowed only to such an extent and in such a manner as will not impair
				nor substantially alter the natural conditions. The use tolerance of each
				portion of the state natural area shall be defined, and access and use shall be
				confined as dictated by this carrying capacity.
(b) Each state natural area shall have a
				managing entity as designated by the department. The specific duties applicable
				to each area and the form of agreement between the managing entity and the
				department shall be included in the master plan.
(c) The managing entity shall submit such
				reports as are required by the department. Such reports shall include, but not
				be limited to:
(i) recommended changes of
				management practices in the master plan;
(ii) significant influences affecting natural
				conditions;
(iii) beneficial or
				adverse trends; and
(iv) a complete
				account of all research activities which have occurred on the site.
(d) The master plan shall describe
				and restrict the structures and facilities which may be included on a state
				natural area. Pre-existing and proposed land uses which do not conform to the
				Montana Natural Areas Act of 1974, these rules, and the theme on which
				establishment of the area was predicted will be prohibited, within the
				constraints of prior legal obligations, by the master plan.
(e) The master plan shall prescribe
				appropriate land management practices including, but not limited to, scenic and
				landscape management; vegetation and wildlife management; the elimination of
				public injury obstructions; the purposeful removal or introduction of objects,
				vehicles, domestic animals, or water; and the regulation of erosion, disease,
				insects, and fire.
(f) Permits for
				research or collecting on each state natural area shall be required as
				specified in each master plan.
(g)
				The master plan may be amended upon the board's approval. The department will
				notify the council of amendments at least 20 days prior to this
				action.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.27 - LAND ADMINISTRATION › Subchapter 36.27.2 - Rules Governing the Establishment, Administration, and Management of State Natural Areas › Rule 36.27.206 - WATER AND MINERAL RIGHTS

Current through Register Vol. 13, July 5, 2024
(1) The water
				and mineral rights to all designated state natural areas should be held,
				whenever feasible, by the state of Montana to adequately protect the area.
				However, potential state natural areas shall not be eliminated from
				consideration if it is not feasible to acquire such rights, unless they are an
				essential prerequisite for protection of the area.
76-12-112,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.27 - LAND ADMINISTRATION › Subchapter 36.27.2 - Rules Governing the Establishment, Administration, and Management of State Natural Areas › Rule 36.27.207 - PUBLIC MEETINGS

Current through Register Vol. 13, July 5, 2024
(1) Prior to the
				designation of a state natural area an opportunity for public comment will be
				afforded at public meetings held within the county of the proposed area, at a
				time specified by the department. All land owners and lessees directly involved
				in the designation shall receive written notification of such meetings by
				certified mail. Public notification of such meeting shall be published for two
				consecutive weeks, prior to the meeting, in one statewide newspaper, and for an
				equal period of time in a local newspaper in the vicinity of the proposed site.
				Appropriate local governing agencies will also be notified of the
				meeting.
76-12-112, MCA; IMP,
					 76-12-112,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.27 - LAND ADMINISTRATION › Subchapter 36.27.2 - Rules Governing the Establishment, Administration, and Management of State Natural Areas › Rule 36.27.208 - BOARD MEETINGS

Current through Register Vol. 13, July 5, 2024
(1) There shall be
				at least two board meetings each year for receipt of written and oral testimony
				on the board's proposed designation of state natural areas. Written testimony
				shall be acceptable if submitted to the board one week prior to the date of the
				board meeting. Any written testimony submitted after this time may be utilized
				at the discretion of the board.
76-12-112, MCA; IMP,
					 76-12-112,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.27 - LAND ADMINISTRATION › Subchapter 36.27.2 - Rules Governing the Establishment, Administration, and Management of State Natural Areas › Rule 36.27.209 - DESIGNATION OF A STATE NATURAL AREA

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall propose the designation of a state natural area by submitting
				the articles of dedication to the board. The articles of dedication shall
				include, but not be limited to:
(a) a
				description of the characteristics which qualify the area as a state natural
				area. This description will include all data collected by qualified
				specialists, and will explain the rationale for the preservation of the
				area;
(b) a legal description of
				the area including the resources located on the area;
(c) a master plan for the area;
(d) a copy of any agreements necessary to
				acquire or establish the state natural area; and
(e) a summary of the comments received at the
				public meeting.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.27 - LAND ADMINISTRATION › Subchapter 36.27.2 - Rules Governing the Establishment, Administration, and Management of State Natural Areas › Rule 36.27.210 - PUBLICATIONS

Current through Register Vol. 13, July 5, 2024
(1) At appropriate times the department, with
				the cooperation of the council, may publish informational brochures for the
				purpose of furthering public awareness and understanding of state natural areas
				and their preservation.
76-12-112, MCA; IMP,
					 76-12-112,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.27 - LAND ADMINISTRATION › Subchapter 36.27.2 - Rules Governing the Establishment, Administration, and Management of State Natural Areas › Rule 36.27.211 - REMOVAL OF STATE NATURAL AREA DESIGNATION

Current through Register Vol. 13, July 5, 2024
(1) The classification of a state natural
				area, designated by the board, to an alternative status, or the
				reclassification of these areas in accordance with
				77-1-401, MCA, shall be undertaken
				only with the board's approval. The required criteria for removing this
				designation are as follows:
(a) the area in
				question has experienced a significant change in those natural characteristics
				which prompted the designation of the area;
(b) the degree of this change is of such an
				extent that the definition of a natural area, as described in
				76-12-104(4),
				MCA, is no longer applicable to the area; and
(c) it has been demonstrated that the
				restoration of the area, to a condition near to that which existed at the time
				of designation, is not a reasonable nor a desirable action complimentary to the
				legislative intent of
				76-12-103, MCA.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.30 - STATE WATER PROJECTS › Subchapter 36.30.1 - Marketing of Water › Rule 36.30.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The definitions in
				  85-1-102, MCA, and the following
				  definitions apply to this sub-chapter:
(1) "Irrigated agriculture" means the sector
				of the Montana economy that uses water to irrigate crops and to water
				stock.
(2) "Water marketing
				contract" means the agreement between a local water users' association and the
				department whereby the department agrees to sell to the water users'
				association available water from a project and the water users' association
				agrees to distribute the water to individual water users under a water purchase
				contract.
(3) "Water purchase
				contract" means the agreement among the water users' association, the water
				user, and the department whereby the water user agrees to purchase a definite
				amount of water subject to the terms and conditions of the water marketing
				contract and the water purchase contract. In the case of water for instream
				flow by a public agency, "water purchase contract" means the agreement between
				the department and a public agency whereby the department agrees to sell to the
				public agency available water from a project and the public agency agrees to
				maintain the water for purpose of instream flows.
85-1-201, MCA; IMP,
					 85-1-211,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.30 - STATE WATER PROJECTS › Subchapter 36.30.1 - Marketing of Water › Rule 36.30.102 - POLICY

Current through Register Vol. 13, July 5, 2024
(1) It is the policy of the department to
				negotiate a water marketing contract prior to the expiration of an existing
				water marketing contract with the water users' association and, in the case of
				a public agency, to negotiate a water purchase contract with the holder of a
				water purchase contract for instream flow, on a project pursuant to the
				mandates and provisions of
				85-1-211, MCA.
(2) It is the further policy of the
				department to recognize in its negotiations the historical importance of
				irrigated agriculture to the economy of Montana and the historical purposes of
				the project.
(3) In recognition of
				the policy established in (2), it is the further policy of the department not
				to use competitive bidding in the negotiation of the water marketing contract
				or a water purchase contract.
85-1-201, MCA; IMP,
					 85-1-211,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.30 - STATE WATER PROJECTS › Subchapter 36.30.1 - Marketing of Water › Rule 36.30.103 - NEGOTIATION

Current through Register Vol. 13, July 5, 2024
(1) Prior to the termination of a water
				marketing contract, or in the case of a public agency prior to termination of a
				water purchase contract for instream flow, the department shall enter into
				negotiations with the water users' association and, if applicable, the public
				agency, for the creation of a new water marketing contract or instream flow
				water purchase contract.
(2) In
				establishing the prices, rates, and charges at which stored water will be
				marketed, the department shall implement the policies established in ARM
				36.30.102.
(3) Prior to the termination of a water
				marketing contract or prior to termination of an instream flow water purchase
				contract held by a public agency and during negotiations for a water marketing
				contract with the water users' association or during negotiations for a water
				purchase contract with a public agency, the department may not:
(a) offer water for sale from a project using
				a competitive bidding process, or
(b) negotiate with any other person or entity
				for the sale of water from the project, except with the express written consent
				of the water users' association or the affected public agency.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.30 - STATE WATER PROJECTS › Subchapter 36.30.1 - Marketing of Water › Rule 36.30.104 - COMPLIANCE WITH CHANGE AUTHORIZATION STATUTE

Current through Register Vol. 13, July 5, 2024
(1)
				The department shall comply with the requirements of
				85-2-402, MCA, prior to marketing
				water for a beneficial use at a project if stored water was not put to the
				proposed beneficial use prior to the effective date of this rule, at that
				project.
85-1-201, MCA; IMP,
					 85-1-209 and
					 85-1-211,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.31 - RANGELAND RESOURCES PROGRAM › Subchapter 36.31.1 - Rangeland Management › Rule 36.31.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in this chapter, the following definitions
				  apply:
(1) "Board" means the
				Conservation District Supervisory Board.
(2) "CARDD" means the Conservation and
				Resource Development Division of the Montana Department of Natural Resources
				and Conservation.
(3) "Committee"
				means the Montana rangeland resources committee selected as provided in
				2-15-3305(2),
				MCA.
(4) "Department" means the
				Department of Natural Resources and Conservation.
(5) "District" means conservation
				district.
(6) "Loans" means
				rangeland improvement loans.
(7)
				"Program" means the rangeland resource program administered by CARDD.
(8) "Rangeland" means land on which the
				native vegetation is predominantly grasses, grasslike plants, forbs, or shrubs
				suitable for grazing or browsing use, including lands revegetated naturally or
				artificially to provide a forage cover that is managed like native vegetation.
(9) "Resource conservation plan"
				means a plan that includes the record of decisions, supporting information for
				treatment of a unit of land meeting planning criteria for one or more
				identified natural resource concerns, and the schedule of implementation for
				practices and activities needed to solve identified natural resource concerns.
(10) "State coordinator" means the
				state coordinator for the Montana Rangeland Resources Act provided for in
				2-15-3304,
				MCA.
(11) "Supervisor" means
				conservation district supervisor.
(12) "Tame pastureland" means land that has
				been modified by mechanical cultivation and that has current vegetation
				consisting of native species, or introduced species, or both.
AUTH:
					 76-14-116, MCA
					 IMP:
					 76-14-111,
					 76-14-112,
					 76-14-113,
					 76-14-114,
					 76-14-115,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.31 - RANGELAND RESOURCES PROGRAM › Subchapter 36.31.1 - Rangeland Management › Rule 36.31.102 - RANGELAND RESOURCE LOANS

Current through Register Vol. 13, July 5, 2024
(1) Applicants
				are eligible to apply for a loan to finance rangeland improvements to be
				constructed, developed, and operated in Montana according to
				76-14-113,
				MCA.
(2) Applications must be:
(a) initiated through the local district;
(b) completed using the Range
				Improvement Loan Application, available online at
http://dnrc.mt.gov/divisions/cardd
or upon request;
(i) terms and conditions of
				the loan can be found in application;
(c) accompanied by a resource conservation
				plan, which may be prepared in consultation with the Natural Resources
				Conservation Service (NRCS), and verified by the board;
(d) the application must be submitted to the
				board at least two weeks prior to their next scheduled meeting.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.1 - ORGANIZATIONAL RULE › Subchapter 37.1.1 - N/A › Rule 37.1.101 - ORGANIZATION OF THE DEPARTMENT

Current through Register Vol. 13, July 5, 2024
(1)
				Organization of the Department of Public Health and Human Services.
(a) History The Department of Public Health
				and Human Services was established by 1995 Laws of Montana, Chapter 546. The
				department is provided for in 2-15-2201, MCA.
(b) Director The director of the Department
				of Public Health and Human Services, appointed by the Governor, heads the
				department.
(c) Branches and
				Divisions The three department branches are Operations Services, Medicaid and
				Health Services, and Economic Security Services supervised by branch managers,
				reporting directly to the director. The department has 12 divisions. The Public
				Health and Safety Division reports directly to the director. Each of the
				divisions is headed by an administrator. The branches consist of the following
				divisions:
(i) Economic Security Services
				Branch
(A) Disability Employment and
				Transitions Division;
(B) Human and
				Community Services Division;
(C)
				Child Support Enforcement Division;
(D) Child and Family Services Division;
				and
(E) Intergovernmental
				Relations.
(ii) Medicaid
				and Health Services Branch
(A) Senior and
				Long Term Care Division;
(B)
				Developmental Services Division;
(C) Addictive and Mental Disorders Division;
				and
(D) Health Resources
				Division.
(iii)
				Operations Services Branch
(A) Office of Fair
				Hearings;
(B) Business and
				Financial Services Division;
(C)
				Quality Assurance Division; and
(D)
				Technology Services Division.
(d) Administratively Attached Boards and
				Councils Attached to the department for administrative purposes only are
				several boards and councils created by state statutes. These boards are listed
				in (4). Assistance from the department for the boards and councils is provided
				as required by 2-15-121, MCA.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.2 - DEPARTMENT PROCEDURES › Subchapter 37.2.1 - Rule Making, Declaratory Rulings and Petitions for Rule Changes › Rule 37.2.101 - PROCEDURES FOR ADOPTING, AMENDING, AND REPEALING AGENCY RULES

Current through Register Vol. 13, July 5, 2024
(1) The department of public health and human
				services, for purposes of establishing departmental rulemaking procedures,
				adopts and incorporates by reference attorney general's model procedural rules
				1 through 7 found in ARM
				1.3.102 through
				1.3.210, except for the attorney
				general's sample rule notice forms. A copy of the attorney general's model
				rules may be obtained by contacting the Attorney General's Office, Justice
				Building, 215 N. Sanders, P.O. Box 201401, Helena, MT 59620-1401, telephone
				(406) 444-2026.
(2) The department
				utilizes its own rule notice forms which meet all Montana Administrative
				Procedure Act (MAPA) requirements. Samples of these forms can be obtained from
				the Department of Public Health and Human Services, Office of Legal Affairs,
				111 N. Sanders, P.O. Box 4210, Helena MT 59604-4210, telephone (406)
				444-5622.
Sec.
					 2-4-201,
					 MCA; IMP, Sec.
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.2 - DEPARTMENT PROCEDURES › Subchapter 37.2.1 - Rule Making, Declaratory Rulings and Petitions for Rule Changes › Rule 37.2.102 - PROCEDURES FOR THE ISSUANCE OF DECLARATORY RULINGS

Current through Register Vol. 13, July 5, 2024
(1) The department of public health and human
				services adopts and incorporates by reference attorney general's model
				procedural rules 22 through 24 and 28 found in ARM
				1.3.227 through
				1.3.229 and
				1.3.233 which set forth the
				procedures for the issuance of declaratory rulings. A copy of the model rules
				may be obtained by contacting the Attorney General's Office, Justice Building,
				215 N. Sanders, P.O. Box 201401, Helena, MT 59620-1401, telephone (406)
				444-2026.
Sec.
					 2-4-202, MCA; IMP,
					 Sec.
					 2-4-501,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.2 - DEPARTMENT PROCEDURES › Subchapter 37.2.1 - Rule Making, Declaratory Rulings and Petitions for Rule Changes › Rule 37.2.103 - EXERCISE OF REGULATORY DISCRETION DURING EMERGENCY

Current through Register Vol. 13, July 5, 2024
During the period of time set forth in (8), the department
				  will exercise regulatory discretion and waive strict compliance with the
				  following categories of administrative rules to the limited extent that they
				  conflict with the department's implementation of federal COVID-19-related
				  guidance, waivers, or rules, as follows:
(1) Training and other training-related
				annual recertification requirements in congregate care facilities:
(a) provisions of ARM Title 37, chapter 34,
				related to services of the developmental disabilities program and the home and
				community-based services program (HCBS);
(b) provisions of ARM Title 37, chapter 40,
				related to home and community-based services for elderly and physically
				disabled persons;
(c) provisions of
				ARM Title 37, chapter 97, related to the licensure of youth care
				facilities;
(d) provisions of ARM
				Title 37, chapter 100, related to community residences; and
(e) provisions of ARM Title 37, chapter 106,
				related to the licensure of health care facilities.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.2 - DEPARTMENT PROCEDURES › Subchapter 37.2.2 - Public Participation › Rule 37.2.201 - MODEL PROCEDURAL RULES

Current through Register Vol. 13, July 5, 2024
(1) The
				Department of Public Health and Human Services, for purposes of establishing
				department public participation procedures, adopts and incorporates by
				reference the Attorney General's model procedural rules ARM
				1.3.101
				and
				1.3.102.
AUTH:
					 2-3-103,
					 2-4-201,
					 MCA; IMP:
					 2-3-103,
					 2-4-201,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.2 - DEPARTMENT PROCEDURES › Subchapter 37.2.2 - Public Participation › Rule 37.2.202 - PUBLIC PARTICIPATION

Current through Register Vol. 13, July 5, 2024
(1) Public
				participation is encouraged and assisted to the fullest extent practicable.
				Participation must be consistent with other requirements of state law and the
				rights and requirements of personal privacy. The major objectives of such
				participation include:
(a) greater
				responsiveness of governmental actions to public concerns and priorities;
				and
(b) improved public
				understanding of official programs and actions.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.2 - DEPARTMENT PROCEDURES › Subchapter 37.2.2 - Public Participation › Rule 37.2.203 - ACTIONS CONSIDERED TO BE OF SIGNIFICANT PUBLIC INTEREST

Current through Register Vol. 13, July 5, 2024
(1) The adoption, amendment, or repeal of any
				regulation or written policy that implements, interprets, or prescribes law or
				policy, or practice requirements of the department, are considered actions of
				significant public interest to require notice and opportunity for public
				participation in the decision-making process.
(2) In all other cases, whether the decision
				is one of significant public interest will be determined by the person within
				the department who is proposing the decision according to the following
				considerations:
(a) the decision regards a
				matter which is controversial;
(b)
				the number of persons who will be affected by the decision;
(c) the fiscal impact the decision will have;
				or
(d) the department has witnessed
				a high level of citizen interest.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.2 - DEPARTMENT PROCEDURES › Subchapter 37.2.2 - Public Participation › Rule 37.2.204 - NOTICE AND MEANS FOR PUBLIC PARTICIPATION

Current through Register Vol. 13, July 5, 2024
(1) If it is determined that significant
				public interest is involved, one or more of the following steps, as applicable,
				shall be taken to assist public participation in the decision-making process:
(a) a proceeding or hearing is held in
				compliance with the provisions of the Montana Administrative Procedure Act,
				Title 2, chapter 4, MCA;
(b) a
				public hearing, after appropriate notice is given, is held pursuant to any
				other provision of state law, a local ordinance, or regulation; or
(c) a news release, legal advertisement, or
				other method of publication will be given to news media within the area to be
				affected which shall include the name of a person within the department most
				familiar with the proposed action, that person's departmental address, and a
				telephone number where interested persons may submit their data, views, or
				arguments, orally or in written form, concerning the proposed action. This
				information will also be posted on the department's website.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.2 - DEPARTMENT PROCEDURES › Subchapter 37.2.2 - Public Participation › Rule 37.2.205 - PUBLIC REQUESTS FOR INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) Citizens
				desiring information about anything mentioned in these rules or about anything
				concerning the department and public participation should contact the Public
				Information Officer, Department of Public Health and Human Services, P.O. Box
				4210, Helena, Montana 59604-4210, or visit the department's website at
				dphhs.mt.gov.
AUTH:
					 2-3-103,
					 2-4-201,
					 MCA; IMP:
					 2-3-103,
					 2-4-201,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.2 - DEPARTMENT PROCEDURES › Subchapter 37.2.3 - Recovery and Offset of Debts › Rule 37.2.301 - PURPOSE AND SCOPE

Current through Register Vol. 13, July 5, 2024
(1) Except as
				provided in (2), this subchapter implements for the department and the
				department of revenue the mechanisms provided in Title 17, chapter 4, MCA, for
				recovery and offset of monetary sums owing to the state of Montana related to
				the provision of services through the programs administrated by the
				department.
(2) The recovery and
				offset of debts being enforced or collected by the department under Title IV-D
				of the Social Security Act is implemented by ARM
				37.62.1501,
				37.62.1503 and
				37.62.1505.
(3) The provisions of this subchapter are not
				the department's exclusive means of debt collection, but are in addition to any
				other means of offset, recovery or other debt collection procedures authorized
				by law.
Sec.
					 17-4-110
					 and
					 53-2-201,
					 MCA; IMP, Sec.
					 17-4-104,
					 53-2-108
					 and
					 53-2-201,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.2 - DEPARTMENT PROCEDURES › Subchapter 37.2.3 - Recovery and Offset of Debts › Rule 37.2.302 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Debt" means a monetary sum owed to the
				state of Montana including but not limited to sums owed arising out of
				overpayments received by recipients and providers of public assistance.
				Overpayments include payments made as the result of fraud, mistake or
				department error.
(2) "Department"
				means the department of public health and human services.
(3) "Offset" means a deduction from monies
				due to a person or entity from the state for the purpose of recovering in total
				or in part a debt owed by the person or entity to the state. An offset is
				undertaken by the department of revenue under the authority of
				17-4-105,
				MCA in accordance with that agency's rules and policies. Offset may include but
				is not limited to an offset of a person or entity's state tax return.
(4) "Program" means any program of services
				or benefits for the public administrated by the department including but not
				limited to:
(a) aid for dependent families
				(AFDC) ;
(b) medicaid;
(c) food stamps;
(d) AFDC and JOBS related daycare;
(e) low income energy assistance program
				(LIEAP) ;
(f) the former state
				general relief program;
(g)
				rehabilitation services; and
(h)
				visual services.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.2 - DEPARTMENT PROCEDURES › Subchapter 37.2.3 - Recovery and Offset of Debts › Rule 37.2.305 - REFERRAL FOR RECOVERY AND OFFSET

Current through Register Vol. 13, July 5, 2024
(1) The
				department under the authority of
				17-4-104,
				MCA may refer to the department of revenue for recovery and offset a debt owed
				to the department by a program recipient or by a provider of program
				services.
(2) The department may
				refer to the department of revenue any debt of a program recipient or a
				provider of program services including but not limited to those arising out of
				intentional or unintentional actions of the recipient or provider and those due
				to mistake upon the part of the department.
(3) The department must determine that a debt
				is uncollectable by the department before the debt may be referred to the
				department of revenue.
Sec.
					 17-4-110,
					 MCA; IMP, Sec.
					 17-4-104,
					 53-2-108
					 and
					 53-2-201,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.2 - DEPARTMENT PROCEDURES › Subchapter 37.2.3 - Recovery and Offset of Debts › Rule 37.2.306 - UNCOLLECTABLE DEBT

Current through Register Vol. 13, July 5, 2024
(1) A debt is
				uncollectable by the department, if the department has determined that:
(a) the debt is owing to the
				department;
(b) the debtor has
				either not pursued available administrative due process within the department
				or has failed to prevail in the available administrative due process within the
				department or in any appeal from that administrative due process to the state
				or federal courts;
(c) the debtor
				has failed to pay the debt after the department has made all reasonable efforts
				to collect the debt; and
(d) the
				department has no administrative means such as recoupment from current payments
				to a recipient or provider by which to recover the debt.