Montana Code 90-2-1112. Eligibility requirements
90-2-1112. Eligibility requirements. (1) Except as provided under subsection (2), to be eligible for funding under the reclamation and development grants program, the proposed project must provide benefits in one or more of the following categories:
Terms Used In Montana Code 90-2-1112
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33. See Montana Code 90-2-1103
- Financially feasible: means that adequate funds are available to complete the project as approved. See Montana Code 90-2-1103
- Mineral: means any precious stones or gems, gold, silver, copper, coal, lead, petroleum, natural gas, oil, uranium, or other nonrenewable merchantable products extracted from the surface or subsurface of the state of Montana. See Montana Code 90-2-1103
- Mineral development: means exploration, extraction, processing, or other activity related to the production of a mineral. See Montana Code 90-2-1103
- Project: means a planned and coordinated action or series of actions addressing an objective consistent with the policy and purpose of the reclamation and development grants program. See Montana Code 90-2-1103
- Public resources: means the natural resources of the state, including air, water, soil, minerals, vegetation, and fish and wildlife, and the economic, social, and cultural conditions of Montana citizens. See Montana Code 90-2-1103
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)reclamation of land, water, or other resources adversely affected by mineral development;
(b)mitigation of damage to public resources caused by mineral development;
(c)research, demonstration, or technical assistance to promote the wise use of Montana minerals, including efforts to make processing more environmentally compatible;
(d)investigation and remediation of sites where hazardous wastes or regulated substances threaten public health or the environment; and
(e)research to assess existing or potential environmental damage resulting from mineral development.
(2)If there is a crucial state need to protect Montana’s environment, the department may evaluate and the governor may recommend that the legislature approve funding for projects in addition to those described in subsection (1).
(3)To be eligible for funding under the reclamation and development grants program, a project must:
(a)be technically and financially feasible;
(b)be the best cost-effective alternative to address a problem or attain an objective;
(c)comply with statutory and regulatory standards protecting environmental quality; and
(d)be from an applicant able and willing to enter into a contract with the department for the implementation of the proposed project or activity.
(4)A project is not eligible for funding under the reclamation and development grants program to the extent that the project is eligible for and can reasonably be expected to receive funding from other state or federal reclamation programs or any other program or act that provides funding to accomplish remedial action for environmental damage or if the project is permitted under Title 82, chapter 4 or 11.
(5)A proposed project is not eligible for funding under the reclamation and development grants program if there is a liable party who would be relieved of financial or legal responsibility and who can reasonably be expected to be held responsible.