32.2.244 FEES: DETERMINATION OF AUTHORITY TO IMPOSE
(1) Whenever an application for a lease, permit,
contract, license or certificate is expected to result in the agency incurring
expenses in excess of $2,500 to compile an EIS, the applicant is required to
pay a fee in an amount the agency reasonably estimates, as set forth in this
rule, will be expended to gather information and data necessary to compile an
(2) The agency shall determine within 30 days
after a completed application is filed whether it will be necessary to compile
an EIS and assess a fee as prescribed by this rule. If it is determined that an EIS is necessary, the agency shall
make a preliminary estimate of its costs.
This estimate must include a summary of the data and information needs
and the itemized costs of acquiring the data and information, including
salaries, equipment costs and other expenses associated with the collection of
data and information for the EIS.
(3) Whenever the preliminary estimated costs of
acquiring the data and information to prepare an EIS total more than $2,500,
the agency shall notify the applicant that a fee must be paid and submit an
itemized preliminary estimate of the cost of acquiring the data and information
necessary to compile an EIS. The agency
shall also notify the applicant to prepare and submit a notarized and detailed
estimate of the cost of the project being reviewed in the EIS within 15 days.
In addition, the agency shall request the applicant to describe the data and
information available or being prepared by the applicant which can possibly be
used in the EIS. The applicant may
indicate which of the agency's estimated costs of acquiring data and
information for the EIS would be duplicative or excessive. The applicant must be granted, upon request,
an extension of the 15-day period for submission of an estimate of the
project's cost and a critique of the agency's preliminary EIS data and
information accumulation cost assessment.
History: Sec. 2-4-201 MCA; IMP, Sec. 2-4-201, 75-1-201 MCA; NEW, 2000 MAR p. 3409, Eff. 12/8/00.