HOUSE BILL NO. 7
INTRODUCED BY M. MCCANN
BY REQUEST OF THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION AND THE OFFICE OF BUDGET AND PROGRAM PLANNING
AN ACT APPROPRIATING MONEY TO THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION FOR GRANTS FOR DESIGNATED PROJECTS UNDER THE RECLAMATION AND DEVELOPMENT GRANTS PROGRAM; PRIORITIZING GRANTS AND AMOUNTS; ESTABLISHING CONDITIONS FOR GRANTS; AMENDING SECTION 2, CHAPTER 552, LAWS OF 1991, SECTION 2, CHAPTER 454, LAWS OF 1995, AND SECTION 2, CHAPTER 108, LAWS OF 1997; AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Appropriations for reclamation and development grants. (1) The amount of $3,233,197 is appropriated to the department of natural resources and conservation from the reclamation and development grants special revenue account from funds allocated for appropriation from the interest income of the resource indemnity trust fund set forth in Title 15, chapter 38.
(2) The funds appropriated in this section must be awarded by the department to the entities listed in [section 2] for the prescribed purposes and in the prescribed grant amounts, subject to the conditions provided in [sections 2 through 4].
Section 2. Approved grant projects. (1) The legislature approves the grants listed in subsection (2), to be made in the order of priority as indicated within the following list of projects and activities. If the conditions in [sections 3 and 4] are met, funds must be awarded up to the amounts approved in this section in order of priority until available funds are expended. Funds not accepted by grantees or funds not used by higher-ranked projects and activities must be provided for projects and activities lower on the priority list that would otherwise not receive funding. Descriptions of the various projects and activities and specific conditions established for each project and activity are contained within the department of natural resources and conservation's reclamation and development grants program report to the 56th legislature for the 2001 biennium.
(2) The following are the grants program prioritized projects and activities:
Applicant/Project Grant Amount
MONTANA BOARD OF OIL AND GAS CONSERVATION*
1999 "A" Orphaned Well Plug and Abandonment and Site Restoration $300,000
MONTANA BOARD OF OIL AND GAS CONSERVATION*
1999 "B" Orphaned Well Plug and Abandonment and Site Restoration 300,000
ENVIRONMENTAL QUALITY, DEPARTMENT OF*
Toston Smelter Reclamation Project 300,000
ENVIRONMENTAL QUALITY, DEPARTMENT OF*
Frohner Mine Reclamation Project 300,000
ENVIRONMENTAL QUALITY, DEPARTMENT OF*
Great Republic Smelter Reclamation Project 300,000
PARK CONSERVATION DISTRICT*
Upper Yellowstone River Cumulative Effects Investigation 299,940
TOOLE COUNTY*
Toole County Plugging and Abandonment, Aid to Independent Small Oil Operators 300,000
BUTTE-SILVER BOW LOCAL GOVERNMENT
Upper Clark Fork Basin: Superfund Technical Assistance 95,236
FERGUS COUNTY CONSERVATION DISTRICT*
Central Montana Artesian Basin Ground Water Project 150,000
TOOLE COUNTY
North Toole County Reclamation Project 150,000
BUTTE-SILVER BOW LOCAL GOVERNMENT
Mining City Mineyard Preservation and Enhancement 297,104
TOWNSEND, CITY OF
East Pacific Mine Reclamation 202,500
MONTANA TECH OF THE UNIVERSITY OF MONTANA
Champion International Gravel Pit Reclamation Project 57,494
LEWISTOWN, CITY OF
Source Location of Hazardous Organic Contaminants Spring Creek Drainage 50,000
GLASGOW IRRIGATION DISTRICT
St. Mary Diversion Repairs 110,818
MONTANA BOARD OF OIL AND GAS CONSERVATION
Oil Well Abandonment 20,105
The board of oil and gas conservation is authorized to expend remaining funds from grants to the board in this subsection (2) and remaining funds from grants previously awarded to the board to pay for the proper plugging of additional abandoned oil and gas wells. In determining which wells to plug, abandoned wells that represent the greatest threat to the environment and public health and safety should be given priority over all others.
(3) To the entities listed in this section, this appropriation constitutes a valid obligation of these funds for purposes of encumbering the funds within the 2001 biennium pursuant to 17-7-302.
(4) The funding provided to the grant projects in this section and identified by an asterisk (*) following the applicant's name is eligible for and may be designated for use as a nonfederal match for the federal funding acquired for the nonpoint source pollution control program administered by the department of environmental quality.
Section 3. Coordination of fund sources for grants programs projects. A sponsor of a grants program project who has applied for a grant for that project under both the reclamation and development grants program and the renewable resource grant and loan program may not receive duplicate funding.
Section 4. Condition of grants. Disbursement of grant funds under [sections 1 through 8] is subject to the following conditions that must be met by the project sponsor:
(1) A scope of work and budget for the project must be approved by the department of natural resources and conservation. Reduction in a scope of work or budget may not affect priority activities or improvements.
(2) Other funds required for project completion must have been committed, and the commitment must be documented.
(3) The project sponsor shall show satisfactory completion of conditions described in the recommendation section of the project narrative of the reclamation and development grants program report to the legislature or the 2001 biennium.
(4) An agreement between the department and the project sponsor must be executed in a timely manner, taking into consideration any changed conditions or circumstances that govern the administration and disbursement of funds.
(5) Any other specific requirements considered necessary by the department must be met to accomplish the purpose of the grant as evidenced from the application to the department or as defined by the legislature.
Section 5. Other appropriations. There is appropriated to any entity of state government that receives a grant under [sections 1 through 8] the amount of the grant upon award of the grant by the department of natural resources and conservation. Grants to state entities from a prior biennium are reauthorized for completion of contract work.
Section 6. Section 2, Chapter 552, Laws of 1991, is amended to read:
The appropriations for reclamation and development grants in section 2, Chapter 552, Laws of 1991, at page 1801 of the 1991 Montana Session Laws, are amended to read:
"CHINOOK IRRIGATION DISTRICT
Milk River Water Supply Project, Rehabilitation and Betterment Element 300,000 189,182"
Section 7. Section 2, Chapter 454, Laws of 1995, is amended to read:
The appropriations for reclamation and development grants in section 2, Chapter 454, Laws of 1995, at page 2157 of the 1995 Montana Session Laws, are amended to read:
"STATE LANDS, DEPARTMENT OF*
Oil Well Abandonment 183,260 163,155"
Section 8. Section 2, Chapter 108, Laws of 1997, is amended to read:
The appropriations for reclamation and development grants in section 2, Chapter 108, Laws of 1997, at page 559 of the 1997 Montana Session Laws, are amended to read:
"ENVIRONMENTAL QUALITY - ABANDONED, DEPARTMENT OF
Nancy Lee Mine Complex Reclamation 286,914 84,640"
Section 9. Reversion of funds. All funds appropriated from the reclamation and development grants special revenue account under [sections 1 through 8] that are unspent and unencumbered on June 30, 2001, revert to that account.
Section 10. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.
Section 11. Effective date. [This act] is effective July 1, 1999.
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