2001 Montana Legislature

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HOUSE BILL NO. 6

INTRODUCED BY M. MCCANN

Montana State Seal

AN ACT APPROPRIATING MONEY TO THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION FOR GRANTS UNDER THE RENEWABLE RESOURCE GRANT AND LOAN PROGRAM; PRIORITIZING GRANTS AND AMOUNTS; ESTABLISHING CONDITIONS FOR GRANTS; AND PROVIDING EFFECTIVE DATES.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:



     Section 1.  Appropriations from renewable resource grant and loan state special revenue account. (1) There is appropriated to the department of natural resources and conservation up to $125,000 to be used for emergency projects and $100,000 to be used for private grants from the money available in the renewable resource account administered by the department.

     (2) There is appropriated to the department of natural resources and conservation $600,741 that is available in the reclamation and development grants state special revenue account and $4 million that is available in the renewable resource grant and loan state special revenue account for grants to political subdivisions and local government entities during the 2003 biennium. The department shall allocate $300,000 of these funds for project planning grants to be awarded over the course of the biennium. The remaining funds appropriated in this section must be awarded by the department to the named entities for the described purposes and in the described grant amounts set out in subsection (3), subject to the conditions set forth in [sections 1 through 4] and the contingencies described in the renewable resource grant and loan program January 2001 report to the 57th legislature. The legislature, pursuant to 85-1-605, approves the grants listed in subsection (3), with grants to be made in the order indicated in the prioritized list of projects and activities. Grants must be awarded up to the amounts approved in this section in order of priority until available funds are expended. Funds not accepted or used by higher-ranked projects must be provided for projects further down the priority list that would not otherwise receive funding. Any projects that are funded by the reclamation and development grants programs may not be funded under [sections 1 through 4].

     (3) The following are the prioritized grant projects:

RENEWABLE RESOURCE GRANT Recommended Funding

AND LOAN PROGRAM

Applicant/Project Grant Amount

Department of Natural Resources and Conservation $100,000

     (Bair Dam Rehabilitation Proposal)

Department of Natural Resources and Conservation 100,000

     (Nevada Creek Dam Rehabilitation)

Department of Corrections Correctional Enterprises Ranch 94,300

     (Rehabilitation of Prison Ranch Dams)

Canyon Creek Irrigation District 100,000

     (Wyant Lake Dam Rehabilitation)

Canyon Creek Irrigation District 100,000

     (Canyon Lake Dam Rehabilitation)

Alder Water and Sewer District 100,000

     (Wastewater Collection and Treatment System)

Flathead Basin Commission* 99,697

     (Implementation of the Flathead Basin Voluntary Nutrient Reduction)

Cascade County Conservation District 99,230

     (Sun River Valley Ditch Company's Water Conservation and Quality Improvement Project)

Virginia City, Town of 100,000

     (Wastewater Treatment System)

Whitefish County Water and Sewer District* 75,000

     (Revisit to the Limnology of Whitefish Lake)

Florence County Water and Sewer District 100,000

     (Wastewater System Improvements)

Bitterroot Irrigation District* 100,000

     (BRID - Water Use and Water Quality Improvement Project - Phase II)

Manhattan, Town of 100,000

     (Wastewater Systems Improvements)

Glen Lake Irrigation District* 94,500

     (Therriault Creek Point of Diversion Infrastructure and Fish Habitat Improvement Project)

Whitefish, City of 100,000

     (Wastewater Aeration System Improvements and Lagoon Solids Removal Project)

Ruby Valley Conservation District* 73,764

     (Lower Ruby Valley Ground Water Management Plan)

Charlo Sewer District 100,000

     (Wastewater System Improvements)

Whitewater Water and Sewer District 100,000

     (Wastewater Systems Improvements)

Glasgow Irrigation District 100,000

     (Vandalia Diversion Dam Rehabilitation Phase II North Bridge Pier)

Geraldine, Town of 100,000

     (Water System Improvements Phase I)

Ashland Water and Sewer District 100,000

     (Wastewater Systems Improvements)

Milk River Project Joint Board of Control 100,000

     (Saint Mary River Siphon Repair Phase II)

Stanford, Town of 100,000

     (Wastewater System Improvements)

LaCasa Grande Water and Sewer District 100,000

     (Water Supply and Distribution System)

Clyde Park, Town of 100,000

     (Water Systems Improvements Project)

Nashua, Town of 100,000

     (Wastewater System Improvements)

Park City/County Water and Sewer District 100,000

     (Wastewater System Improvements)

Lower Willow Creek Drainage District 100,000

     (Lower Willow Creek Dam Rehabilitation)

Deer Lodge, City of 100,000

     (Clark Fork River Water Quality Protection Project)

Lewis and Clark Conservation District* 98,636

     (Willow Creek Erosion/Water Quality Improvement Project)

Hot Springs, Town of 100,000

     (Water System Improvements)

Wisdom Sewer District 100,000

     (Wastewater System Improvements)

Teton County* 74,261

     (Burton Bench Aquifer Evaluation)

Elk Meadows Ranchettes County Water District 100,000

     (Water Systems Improvements)

Carbon Conservation District 57,200

     (Whitehorse Ditch Reorganization)

Choteau, City of 100,000

     (Water System Improvements)

Beaverhead County* 75,000

     (Big Hole Watershed Management Project)

Hobson, Town of 50,000

     (Water Exploration)

Circle, Town of 60,000

     (Well Repair)

Stillwater County Commissioners 74,153

     (Improving Soil Productivity and Water Quality in South Central Montana Through Land Use Changes)

Missoula, City of 100,000

     (Rattlesnake Stream Restoration and Flood Control Project)

Helena Valley Irrigation District 100,000

     (Fixed Wheel Gate and Hydraulic Cylinder Repair)

Hill County 75,000

     (Beaver Creek Dam Rehabilitation)

Hinsdale Water and Sewer District 100,000

     (Wastewater System Improvements)

Richey, Town of 100,000

     (Water System Improvements)

Charlo Water District 100,000

     (New Water Well)

Laurel, City of 100,000

     (City of Laurel Ground Water and Salinity Management, Feasibility Project)

Malta Irrigation District 68,290

     (Replacement and Modification of Check Structures)

Glen Lake Irrigation District 100,000

     (Costich Drop Improvements Project)

Montana State University 100,000

     (Married Student Housing Irrigation Project)

Scobey, City of 50,704

     (Wellfield Rehabilitation Study)

Power-Teton County Water and Sewer District 100,000

     (Water System Improvements)

Butte-Silver Bow 27,919

     (Elimination of Combined Sewers)

Great Falls, City of 100,000

     (Yard Waste Management Facility)

Lambert County Sewer and Water District 100,000

     (Water System Improvement Project)

Park Conservation District 75,000

     (Wildlife Assessment: Governor's Upper Yellowstone River Task Force Cumulative Effects Investigation)

Troy, City of 99,970

     (Water System Improvements)

Butte-Silver Bow Local Government 100,000

     (Basin Creek Dam #1 and #2 Site Improvements Projects)

Whitefish, City of 58,650

     (Whitefish City Beach)

Lockwood Water and Sewer District 100,000

     (Wastewater Collection System)

Department of Natural Resources and Conservation 75,000

     (Seepage Monitoring Program, DNRC Dams)

Department of Natural Resources and Conservation 75,000

     (Seepage Monitoring Program, DFWP Dams)

     (4)  For grant projects for which the department of natural resources and conservation also has recommended a loan, the authorization for the loan is contained in House Bill No. 8.

     (5)  The funding provided to the projects approved in this section and identified with 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.

     (6)  To the entities listed in this section, this appropriation constitutes a valid obligation of these funds for purposes of encumbering the funds within the 2003 biennium pursuant to 17-7-302.



     Section 2.  Conditions of grants. Disbursement of funds under [sections 1 through 4] for grants is subject to the following conditions that must be met by project sponsors:

     (1)  approval of a scope of work and budget for the project by the department of natural resources and conservation. Changes in the project scope of work or budget that reduce the public or natural resource benefits as presented in department reports and applicant testimony to the 57th legislature will result in the proportional reduction in grant amount.

     (2)  documented commitment of other funds required for project completion;

     (3)  satisfactory completion of conditions described in the recommendation section of the project narrative in the renewable resource grant and loan program project recommendations and biennium report submitted to the 57th legislature for the 2003 biennium or, in the case of emergency applications, conditions specified at the time of written notification of approved grant authority;

     (4)  execution of a grant agreement with the department; and

     (5)  accomplishment of other specific requirements considered necessary by the department to accomplish the purpose of the grant as evidenced from the application to the department or from the proposal to the legislature.



     Section 3.  Conditions for grants. Notwithstanding the conditions described in [section 2], grant funds are disbursed in the order of priority listed in [section 1] as resource indemnity trust account interest income revenue is received. A project approved by [section 1] is not entitled to receive grant funds that are not collected and allocated to the renewable resource grant and loan program state special revenue account.



     Section 4.  Appropriations established. (1) For any entity of state government that receives a grant under [sections 1 through 3], an appropriation is established for the amount of the grant listed in [section 1(3)]. Grants to state entities from prior biennia are reauthorized for completion of contract work.

     (2) Any funds in excess of the amount appropriated for grants under [sections 1 through 3] are available for appropriation for authorized purposes from the renewable resource grant and loan state special revenue account.



     Section 5.  Review of previously authorized grants. Recipients of renewable resource grants authorized by previous legislatures that have not completed startup conditions must be notified by the department of natural resources and conservation that the legislature, at the next regular session, will review renewable resource grants to determine if the commitment of the renewable resource grant should be withdrawn.



     Section 6.  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 7.  Effective dates. (1) [Sections 2 through 6 and this section] are effective on passage and approval.

     (2) [Section 1] is effective July 1, 2001.

- END -




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