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| Montana Administrative Register Notice 12-628 | No. 7 04/12/2024 | |
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BEFORE THE DEPARTMENT OF FISH, WILDLIFE AND PARKS OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On May 2, 2024, at 10:00 a.m., the Department of Fish, Wildlife and Parks (department) will hold a public hearing via the ZOOM platform, to consider the proposed amendment of the above-stated rules.
Dial by telephone: 1 646 558 8656 Meeting ID: 890 7187 2717 Passcode: 893044
2. The department will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than 5:00 p.m., on April 26, 2024, to advise us of the nature of the accommodation that you need. Please contact Regina Reynolds, Department of Fish, Wildlife and Parks, P.O. Box 200701, Helena, Montana, 59620-0701; telephone (406) 594-8073; or e-mail regina.reynolds@mt.gov.
3. The rules proposed to be amended provide as follows, new matter underlined, deleted matter interlined:
12.9.1601 DEFINITIONS In addition to the definitions provided in 87-5-802, MCA, the following definitions apply to this subchapter: (1) through (7) remain the same.
AUTH: 87-5-808, MCA IMP: 87-5-803, 87-5-804, 87-5-805, 87-5-806, 87-5-807, MCA
REASON: The 2023 Legislature passed HB 86, which repealed the sunset date for the Montana Wildlife Habitat Improvement Act.
12.9.1602 ELIGIBLE EXPENDITURES (1) Expenditures of grant and required non-federal matching funds may (a) specified goods limited to herbicides and additives, biological control agents, or materials required for restoration, reseeding, or prescribed grazing management; and (b) specified services limited to herbicide application; biocontrol agent release; seedbed preparation, seeding, and seedling maintenance; and installation of prescribed grazing infrastructure (c) vegetation monitoring, grant administration, and related administrative costs not to exceed 10% of the total project amount. (2) remains the same.
AUTH: 87-5-808, MCA IMP: 87-5-803, 87-5-804, 87-5-805, 87-5-806, 87-5-807, MCA
REASON: The 2023 Legislature passed HB 86, which repealed the sunset date for the Montana Wildlife Habitat Improvement Act. HB 86 further expanded authorized eligible expenditures; therefore, the rule needed to be amended for statutory consistency.
12.9.1603 APPLICATION PROCEDURE (1) through (4) remain the same.
AUTH: 87-5-808, MCA IMP: 87-5-803, 87-5-804, 87-5-805, 87-5-806, 87-5-807, MCA
REASON: The 2023 Legislature passed HB 86, which repealed the sunset date for the Montana Wildlife Habitat Improvement Act
12.9.1604 GRANT APPLICATIONS (1) through (4) remain the same.
AUTH: 87-5-808, MCA IMP: 87-5-803, 87-5-804, 87-5-805, 87-5-806, 87-5-807, MCA
REASON: The 2023 Legislature passed HB 86, which repealed the sunset date for the Montana Wildlife Habitat Improvement Act.
12.9.1605 GRANT APPLICATION SCORING AND RANKING (1) through (3) remain the same.
AUTH: 87-5-808, MCA IMP: 87-5-803, 87-5-804, 87-5-805, 87-5-806, 87-5-807, MCA
REASON: The 2023 Legislature passed HB 86, which repealed the sunset date for the Montana Wildlife Habitat Improvement Act.
12.9.1606 GRANTS (1) through (6) remain the same.
AUTH: 87-5-808, MCA IMP: 87-5-803, 87-5-804, 87-5-805, 87-5-806, 87-5-807, MCA
REASON: The 2023 Legislature passed HB 86, which repealed the sunset date for the Montana Wildlife Habitat Improvement Act.
4. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: ATTN: Andrew Amidon, Department of Fish, Wildlife and Parks, P.O. Box 200701, 1420 East Sixth Avenue, Helena, Montana, 59620-0701; or e-mail andrew.amidon@mt.gov, and must be received no later than 5:00 p.m., May 13, 2024.
5. Regina Reynolds and/or Benjamin Rowe, Department of Fish, Wildlife and Parks, have been designated to preside over and conduct this hearing.
6. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by the Department or Commission. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies the subject or subjects about which program the person wishes to receive notice. Notices will be sent by e-mail unless a mailing preference is noted in the request. Written requests may be mailed or delivered to: Montana Fish, Wildlife and Parks, Legal Unit, P.O. Box 200701, 1420 East Sixth Avenue, Helena, Montana, 59620-0701, or may be emailed to https://public.govdelivery.com/accounts/MTFWP/subscriber/new.
7. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sosmt.gov/ARM/Register.
8. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor was contacted by email on March 19, 2024. A correspondence was received on March 26, 2024 from the bill sponsor indicating the proposed changes properly encompass the intent of the bill.
9. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rules will not significantly and directly impact small businesses.
/s/ Benjamin Rowe /s/ Dustin Temple Benjamin Rowe Dustin Temple Rule Reviewer Director Fish, Wildlife and Parks
Certified to the Secretary of State April 2, 2024.
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A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
For questions about the organization of the ARM or this web site, contact sosarm@mt.gov.
