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Home » US Law » 2022 Montana Code Annotated » Title 85. Water Use » Chapter 1. Water Resources » Part 6. Renewable Resource Grant and Loan Program

85-1-601. Purpose and policies

85-1-601. Purpose and policies. (1) The legislature finds and declares that in order that the people of Montana may enjoy the benefits of the state’s water and other renewable resources, the state shall establish this long-term renewable resource grant and loan program providing financial and administrative assistance to private for-profit, private, nonprofit, local government, state government, […]

85-1-602. Objectives

85-1-602. Objectives. (1) The department shall administer a renewable resource grant and loan program to enhance Montana’s renewable resources through projects that measurably conserve, develop, manage, or preserve resources. Either grants or loans may be provided to fund the following: (a) feasibility, design, research, and resource assessment studies; (b) preparation of construction, rehabilitation, or production plans; and (c) construction, […]

85-1-603. Renewable resource loan debt service fund created — coal severance tax allocated — renewable resource loan loss reserve fund created

85-1-603. Renewable resource loan debt service fund created — coal severance tax allocated — renewable resource loan loss reserve fund created. (1) (a) There is created a renewable resource loan debt service fund within the debt service fund type established in 17-2-102. (b) The state pledges and allocates and directs to be credited to the renewable resource loan […]

85-1-604. Repealed

85-1-604. Repealed. Sec. 30, Ch. 432, L. 2007. History: En. Sec. 5, Ch. 505, L. 1981; amd. Sec. 2, Ch. 149, L. 1983; amd. Sec. 36, Ch. 298, L. 1983; amd. Sec. 10, Ch. 512, L. 1985; amd. Sec. 2, Ch. 6, Sp. L. March 1986; amd. Sec. 2, Ch. 116, L. 1989; amd. Sec. 3, Ch. […]

85-1-605. Grants, loans, and bonds for state, local, or tribal government assistance

85-1-605. Grants, loans, and bonds for state, local, or tribal government assistance. (1) The department may recommend to the legislature that grants and loans be made from revenue deposited in the natural resources projects state special revenue account established in 15-38-302, that loans be made from renewable resource bond proceeds deposited in the renewable resource loan […]

85-1-606. Grants and loans to private persons

85-1-606. Grants and loans to private persons. (1) To encourage the construction and development of water-related projects, the department may make grants and loans to private persons from funds appropriated from the natural resources projects state special revenue account established in 15-38-302 and may make loans to private persons from the renewable resource loan proceeds account. […]

85-1-607. Repealed

85-1-607. Repealed. Sec. 35, Ch. 478, L. 1993. History: En. Sec. 8, Ch. 505, L. 1981.

85-1-608. Applications for grants and loans to private persons

85-1-608. Applications for grants and loans to private persons. (1) A private person may apply for a grant or loan to finance a water-related project to be constructed, developed, and operated in Montana. (2) An application for a loan or grant must be in the form prescribed by rule and contain or be accompanied by any information […]

85-1-609. Eligibility for a loan or grant to a private person

85-1-609. Eligibility for a loan or grant to a private person. The department may not award a grant or loan to a private person unless the department finds, based on the application and the department’s investigation and evaluation of the proposal, that: (1) the proposed water-related project: (a) will promote, enhance, or advance the purpose, policies, and objectives […]

85-1-610. Evaluation of grants and loans to private persons

85-1-610. Evaluation of grants and loans to private persons. The department shall consider the following criteria and preferences in evaluating applications and selecting the recipients of grants and loans for water-related projects that are eligible for funding under 85-1-609: (1) The extent and desirability of the public benefits that will be provided must be considered. (2) A water-related […]

85-1-611. Department to solicit views

85-1-611. Department to solicit views. The department shall solicit and consider in its evaluation of proposed projects the views of interested and affected departments, boards, agencies, commissions, and other subdivisions of the state, including local political subdivisions, of a tribal government, of the federal government, and of other interested and affected persons. History: En. Sec. 12, Ch. […]

85-1-612. Rulemaking authority

85-1-612. Rulemaking authority. The department shall adopt rules: (1) prescribing a reasonable application fee and the form and content of applications for grants and loans; (2) governing the application of the criteria for awarding loans and grants to private persons; (3) providing for the servicing of loans including arrangements for obtaining security interests and the establishment of reasonable fees […]

85-1-613. Limits on loans

85-1-613. Limits on loans. (1) A loan to a private person that is not a water users’ association or ditch company organized and incorporated pursuant to Title 35, chapter 14, or Title 85, chapter 6, part 1, for a renewable resource grant and loan program project may not be made from the natural resources projects state […]

85-1-614. Limits on grants from natural resources projects state special revenue account

85-1-614. Limits on grants from natural resources projects state special revenue account. (1) The maximum grant awarded to a private person may not exceed the lesser of: (a) 5% of the estimated total funds potentially available in the natural resources projects state special revenue account established in 15-38-302 for public and private grants in the biennium in […]

85-1-615. Security interests — purchase, operation, and resale of encumbered property

85-1-615. Security interests — purchase, operation, and resale of encumbered property. (1) The state has a lien upon a project constructed with money from the natural resources projects state special revenue account established in 15-38-302 or the renewable resource loan proceeds account for the amount of the loan and interest due the state. This lien may […]

85-1-616. Administration of loans and grants

85-1-616. Administration of loans and grants. The department shall: (1) administer the loan and grant program established by this part; (2) service loans made or contract and pay for the servicing of loans, including arrangements for obtaining security interests; and (3) collect reasonable fees or charges for the servicing of loans, including arrangements for obtaining security interests. The fees […]

85-1-617. Issuing renewable resource bonds — renewable resource loan proceeds account

85-1-617. Issuing renewable resource bonds — renewable resource loan proceeds account. (1) When authorized by the legislature and within the limits of the authorization and within the further limitations established in this section, the board of examiners may issue and sell renewable resource bonds of the state in the amount and manner it considers necessary and […]

85-1-618. Restrictions on use of bond proceeds

85-1-618. Restrictions on use of bond proceeds. Renewable resource bond proceeds may be used only for the purpose of making loans as provided in the renewable resource grant and loan program or for purchasing liens and operating property as provided in 85-1-615. History: En. Sec. 19, Ch. 505, L. 1981; amd. Sec. 7, Ch. 491, L. 1989; […]

85-1-619. Debt service fund — pledge and administration of sufficient balance

85-1-619. Debt service fund — pledge and administration of sufficient balance. (1) The legislature may levy, impose, assess, and pledge and appropriate to the renewable resource loan debt service fund any tax, charge, fee, rental, or other income from any designated source. The state reserves the right to modify from time to time the nature and […]

85-1-620. Renewable resource refunding bonds

85-1-620. Renewable resource refunding bonds. (1) The board of examiners may issue refunding bonds at times and in amounts, if any, as may be necessary to pay principal or interest due that cannot be paid from funds then on hand in the renewable resource loan debt service fund. The board of examiners may also issue refunding […]