22-3-1003. Powers of commission -- contracts -- rules. (1) (a) The Montana heritage preservation and development commission may contract with private organizations to assist in carrying out the purpose of 22-3-1001. The term of a contract may not exceed 20 years.
     (b) Notwithstanding the provisions of Title 18, the contracts may be let by direct negotiation. The contracts may be entered into directly with a vendor and are not subject to state procurement laws.
     (c) Architectural and engineering review and approval do not apply to the historic renovation projects.
     (d) The contracts must provide for the payment of prevailing wages.
     (e) A contract for supplies or services, or both, may be negotiated in accordance with commission rules.
     (f) Management activities must be undertaken to encourage the profitable operation of properties.
     (g) Contracts may include the lease of property managed by the commission. Provisions for the renewal of a contract must be contained in the contract.
     (2) (a) Except as provided in subsection (2)(b), the commission may not contract for the construction of a building, as defined in 18-2-101, in excess of $200,000 without the consent of the legislature. Building construction must be in conformity with applicable guidelines developed by the national park service of the U.S. department of the interior, the Montana historical society, and the Montana department of fish, wildlife, and parks.
     (b) The commission may contract for the preservation, stabilization, or maintenance of existing structures or buildings for an amount that exceeds $200,000 without legislative consent if the commission determines that waiting for legislative consent would cause unnecessary damage to the structures or buildings or would result in a significant increase in cost to conduct those activities in the future.
     (3) (a) Subject to subsection (3)(b), the commission, as part of a contract, shall require that a portion of any profit be reinvested in the property and that a portion be used to pay the administrative costs of the property and the commission.
     (b) (i) Until the balance in the cultural and aesthetic trust reaches $7,750,000, the commission shall deposit the portion of profits not used for administrative costs and restoration of the properties in the cultural and aesthetic trust.
     (ii) Once the balance in the cultural and aesthetic trust reaches $7,750,000, the commission shall deposit the portion of profits not used for administrative costs and restoration of the properties in the general fund.
     (c) It is the intent of the 57th legislature that no general fund money be provided for the operation and maintenance of Virginia City and Nevada City beyond what has been appropriated by the 55th legislature.
     (4) The commission may solicit funds from other sources for the purchase, management, and operation of properties.
     (5) The commission shall adopt rules establishing a policy for making acquisitions. With respect to each acquisition, the policy must give consideration to:
     (a) whether the property represents the state's culture and history;
     (b) whether the property can become self-supporting;
     (c) whether the property can contribute to the economic and social enrichment of the state;
     (d) whether the property lends itself to programs to interpret Montana history;
     (e) whether the acquisition will create significant social and economic impacts to affected local governments and the state; and
     (f) other matters that the commission considers necessary or appropriate.
     (6) Public notice and the opportunity for a hearing must be given in the geographical area of a proposed acquisition before a final decision to acquire a property is made. The commission shall approve proposals for acquisition and recommend the approved proposal to the board of land commissioners.
     (7) Prior to the convening of each regular session, the commission shall report to the governor and the legislature, as provided in 5-11-210, concerning financial activities during the prior biennium.

     History: En. Sec. 16, Ch. 469, L. 1997; amd. Sec. 3, Ch. 308, L. 2001.