Current through Register Vol. 6, March 22, 2024
(1)
The Hard-Rock Mining Impact Account may receive direct industry monies, in
accordance with the commitments made by the developer in an approved impact
plan, and may receive money from the developer's financial guarantee to ensure
payments consistent with the developer's commitments. If an approved plan
provides that impact payments are to be made through the board, or if the board
receives monies through the financial guarantee, the board will deposit these
monies into the account, and will distribute the monies as provided by the
impact plan to the county treasurer in the affected county to be credited to
the impact fund of the affected local government unit. If the entire sum is not
requested by, or under the plan committed to, the affected local government
units, the board will revert the remainder, if any, to the developer.
(2) In implementing an approved impact plan,
the affected local government units and the mineral developer shall establish
procedures acceptable to the board for transmitting payments and providing
information required by statute or rule. The procedures and information must
include the following:
(a) Each local
government unit entitled to receive grants or tax prepayments from a mineral
developer as provided by an approved impact plan must establish an impact fund
within its budget. The fund must be established and maintained in a manner
consistent with accepted budgeting and accounting practices. The impact fund
budget must reflect tax prepayments, grants or other impact revenues to be
received from the developer and the expenditures contemplated by the approved
impact plan. Within the fund, tax prepayments must be distinguished from grants
or contributions by a separate account, for purposes of identifying future tax
crediting obligations.
(b) The
governing body shall provide the board with a copy of that portion of the
adopted budget or budget amendment that is related to the impact plan and
includes the impact fund, a copy of the resolution by which the governing body
adopted the budget or budget amendment, and, upon request, the year-end budget
report.
(c) The affected local
governing body may request that the developer make the payments provided for in
the approved impact plan and in the budget or budget amendment of the local
government unit. The governing body shall send to the board a copy of each
payment request. Each request must identify the name of the local government
unit making the request; the date of the request; the name of the mineral
developer responsible for making the payment; the amount of the requested
payment; whether the request is for a tax prepayment, grant, or other funds;
the purpose of the payment as specified in the approved impact plan; and the
subaccount within the impact fund for which the payment is intended. The
request must refer to the item on the payment schedule or to the page or pages
in the approved impact plan on which the financial commitment and the purpose
of the expenditure are specified. The request must bear the signatures of the
governing body of the affected local government unit.
(d) The board will transmit payments made
through the board upon written request from the governing body of the affected
local government unit and upon receipt of that documentation specified in (c)
and in ARM 8.104.211B.
(e) If the plan provides that payment is to
be made by the developer directly to the county treasurer to be credited to the
affected local government unit, the developer shall notify the board when the
payment is made and the county treasurer shall notify the board when the
payment is received. Each notice must contain or reference the information
required in (c). Forms for requesting, making or acknowledging receipt of
payment are available from the board.
(f) The mineral developer and the governing
body of the affected local government unit shall provide the board with a copy
of any facility impact bond agreement and guarantee entered into as a result of
an approved impact plan within 15 days of their executing the agreement and
guarantee. The agreement and guarantee become part of the approved impact
plan.
(3) As required by
90-6-307(11) and
(15), MCA, the board will notify the
Department of Environmental Quality if the mineral developer fails to comply,
or resumes compliance, with the terms of the approved impact plan or with the
requirements of Title 90, chapter 6, parts 3 and 4 of the Montana Code
Annotated.
90-6-305, MCA; IMP,
90-6-307,
90-6-310,
MCA;