BEFORE THE DEPARTMENT OF COMMERCE
OF THE STATE OF MONTANA
In the matter of the amendment of ARM 8.94.3727 pertaining to the administration of the 2011-2012 Federal Community Development Block Grant (CDBG) Program
NOTICE OF PROPOSED AMENDMENT
NO PUBLIC HEARING CONTEMPLATED
TO: All Concerned Persons
1. On June 13, 2011, the Department of Commerce proposes to amend the above-stated rule.
2. The Department of Commerce 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 Department of Commerce no later than 5:00 p.m. on June 1, 2011, to advise us of the nature of the accommodation that you need. Please contact Jennifer Olson, Community Development Division, Department of Commerce, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523; telephone (406) 841-2773; fax (406) 841-2777; TDD (406) 841-2702; or e-mail JeOlson@mt.gov.
3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:
8.94.3727 INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE 2010-2011 CDBG PROGRAM (1) The Department of Commerce adopts and incorporates by reference the Montana Community Development Block Grant Program FFY 2011 Application Guidelines for Housing and Public Facilities Planning Grants; the FFY 2011 Application Guidelines for the Community Development Block Grant Economic Development Program; the Montana Community Development Block Grant Economic Development Program FFY 2011 Application Guidelines for Planning Projects; the Montana Community Development Block Grant FFY 2011 Application Guidelines for the Neighborhood Stabilization Program (NSP); the Montana Community Development Block Grant Program and Neighborhood Stabilization Program (NSP) FFY 2011 Grant Administration Manual published as rules for the administration of the CDBG and NSP programs; and the Montana Community Development Block Grant Program FFY 2012 Application Guidelines for Public Facilities Projects and the FFY 2012 Application Guidelines for Housing and Neighborhood Renewal Projects.
(2) The rules incorporated by reference in (1) relate to the following:
(a) policies governing the program;
(b) requirements for applicants;
(c) procedures for evaluating applications;
(d) procedures for local project start up;
(e) environmental review of project activities;
(f) procurement of goods and services;
(g) financial management;
(h) protection of civil rights;
(i) fair labor standards;
(j) acquisition of property and relocation of persons displaced thereby;
(k) administrative considerations specific to public facilities, housing and neighborhood renewal, economic development, and neighborhood stabilization projects;
(l) project audits;
(m) public relations;
(n) project monitoring; and
(o) planning assistance.
(3) Copies of the Application Guidelines and Grant Administration Manual adopted by reference in (1) can be viewed on the department's web site at:
http://comdev.mt.gov/CDD_cdbg.asp, or http://businessresources.mt.gov/BRD_CDBG.asp, http://commerce.mt.gov/default.aspx or may be obtained from the Department of Commerce, Community Development Division, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523.
AUTH: 90-1-103, MCA
IMP: 90-1-103, MCA
REASON: It is reasonably necessary to amend this rule because the federal regulations governing the state's administration of the FFY 2011 Community Development Block Grant Neighborhood Stabilization Program (CDBG NSP) and 90-1-103, MCA, require the department to adopt rules to implement the program. Local governments must have these application guidelines in order to apply for CDBG NSP funds.
4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Jennifer Olson, Community Development Division, Department of Commerce, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523; telephone (406) 841-2773; fax (406) 841-2777; or e-mail JeOlson@mt.gov, and must be received no later than 5:00 p.m., June 9, 2011.
5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Jennifer Olson at the above address no later than 5:00 p.m., June 9, 2011.
6. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be three persons based on the amount of preliminary forms listed in the department's amendment to action plan submitted to HUD on February 28, 2011.
7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. 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 for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 4 above or may be made by completing a request form at any rules hearing held by the department.
8. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of this notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.
9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
/s/ KELLY A. CASILLAS /s/ DORE SCHWINDEN
KELLY A. CASILLAS DORE SCHWINDEN
Rule Reviewer Director
Department of Commerce
Certified to the Secretary of State May 2, 2011.