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:
     (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 sufficient eligible and qualified applications satisfying the mineral development objectives provided for in subsection (1) are not received or if there is a crucial state need, the department may evaluate and the governor may recommend that the legislature approve funding for projects that:
     (a) enhance Montana's economy through the development of natural resources; or
     (b) develop, promote, protect, or further Montana's total environment and public interest, including the general health, safety, welfare, and public resources of Montana citizens and communities.
     (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.

     History: En. Sec. 6, Ch. 418, L. 1987.