Administrative Rules of Montana
These are regulation adopted by the Montana Department of fish, Wildlife
and Parks, pursuant to the Administrative Procedures Act, to expand upon
and implement the laws passed by the Montana
Shooting Range Development Grants
12.10.103 GRANT APPLICATION PROCEDURE (1) To
apply for a shooting range development grant, an applicant must prepare
and submit a completed application to the department's conservation education
division in Helena. For questions and assistance contact:
Department of Fish, Wildlife and Parks
Conservation Education Division
1420 East Sixth Avenue
P.O. Box 200701
Helena, MT 59620
Phone (406) 444-3188
(2) Applications are reviewed throughout the biennium as long as funds are available.
(3) If the applicant is a private club or organization, the applicant must submit a club or organization resolution that approves the application for financial assistance, the project proposal, the commitment to allow public and hunter education program use of the facilities, and certifies the applicant's ability to provide matching funds or in-kind contributions.
(4) Applicants receiving preliminary approval must enter into a shooting range development project agreement with the department before the department gives final approval and disburses grant funds. The agreement shall delineate the terms the applicant must abide by under applicable statutes, administrative rules, and state and department policy. Department final approval of an agreement is contingent upon the EA decision notice. (History: 87-1-201, 87-1-279, MCA; IMP , 87-1-201, 87-1-276, 87-1-277, 87-1-278, 87-1-279, 87-2-105, MCA; NEW , 1992 MAR p. 1143, Eff. 5/29/92; AMD , 1996 MAR p. 1836, Eff. 7/4/96; AMD , 2003 MAR p. 1986, Eff. 9/12/03.)
12.10.104 REIMBURSEMENT OF COSTS (1) All billing
on a proposed project must be completed by the end of each biennium.
(2) Reimbursement requests will be based upon actual costs or in-kind contributions, verified by receipts and documentation that the work was completed.
(3) With prior approval, the department will consider situations where work cannot be completed until funds are received. Which situations constitute a special circumstance or hardship, requiring dispersal of grant funds in advance, is at the department's discretion. (History: 87-1-201, 87-1-279, MCA; IMP , 87-1-201, 87-1-276, 87-1-278, 87-1-279, 87-2-105, MCA; NEW , 1992 MAR p. 1143, Eff. 5/29/92; AMD , 2003 MAR p. 1986, Eff. 9/12/03.)
12.10.105 LAND ACQUISITION (1) Shooting range grant funds may be used to purchase public or private land for the purpose of a shooting range. Fee title or an equitable interest in the land must be held by the applicant. The applicant must provide evidence that other adequate land is not available for lease. A copy of the purchase agreement, an appraisal from a qualified appraiser and a commitment for title insurance must be submitted prior to dispersal of grant funds. If funding is provided for the purchase of land, the department must be listed as a reversionary interest on the property title. Section 87-1-278, MCA, sets forth the conditions that trigger a diversionary interest. Funding assistance will be provided at a maximum 50% state, 50% applicant matching basis, not to exceed 30% of available program funds for the state share. (History: 87-1-201, 87-1-279, MCA; IMP , 87-1-201, 87-1-276, 87-1-277, 87-1-278, 87-1-279, 87-2-105, MCA; NEW , 1992 MAR p. 1143, Eff. 5/29/92; AMD , 2003 MAR p. 1986, Eff. 9/12/03.)
12.10.106 INSPECTIONS (1) The department may
conduct periodic on-site inspections.
(2) Project sites will be subject to inspection by the department for 10 years following receipt of a shooting range development grant.
(3) Upon completion of the work, the applicant must submit photographs of the completed project. (History: 87-1-201, 87-1-279, MCA; IMP , 87-1-201, 87-1-276, 87-1-277, 87-1-278, 87-1-279, 87-2-105, MCA; NEW , 1992 MAR p. 1143, Eff. 5/29/92; AMD , 2003 MAR p. 1986, Eff. 9/12/03.)
Rules 12.10.107 through 12.10.109 reserved
12.10.110 REQUIRED INFORMATION FOR GRANT APPLICATIONS
(1) Each shooting range grant application must contain a comprehensive description of the proposed project. The information presented in the description will be used by the department to review, evaluate, and prioritize applications. The description must provide:
(a) statement of need and benefit for the proposed project, including:
(i) plans to enhance safety;
(ii) hunter education;
(iii) access by persons with disabilities;
(iv) use by a variety of shooters (archery, shotgun, rifle, pistol); and
(v) availability to the public;
(b) work to be completed, including:
(i) a calendar with completion dates, budget (including cost estimates and in-kind contributions); and
(c) site plan (within the property boundary) for the proposed project, including:
(i) location of proposed work/facilities;
(ii) existing development/facilities;
(iii) north orientation arrow;
(iv) access route(s) to the project;
(v) safety zones and impact areas; and
(vi) current photographs of the proposed project area.
(2) The applicant must submit satisfactory documentation of a long-term lease, easement, or ownership of the land where the project is proposed. Long-term leases are those with terms of 10 years or more with option for renewal. Lease with terms of less than 10 years may qualify only under special circumstances. (History: 87-1-278, 87-1-279, MCA; IMP , 87-1-278, 87-1-279, MCA; NEW , 2003 MAR p. 1986, Eff. 9/12/03.)
Rule 12.10.111 reserved
12.10.112 GRANT PRIORITY (1) As long as funds
are sufficient to allocate grants to all eligible applicants, grants will
be allocated on a first come, first served basis beginning with July 1
of each biennium.
(2) When the department receives more eligible applications for grants than funds are available, the department may include, but is not limited to, the following criteria to disperse funds and approve grants:
(a) needs of the community determined by distance to existing shooting ranges or annual club membership/range use;
(b) population of the county compared with numbers of shooting ranges allowing public use within the county;
(c) disabled accessibility improved to existing shooting range as a result of the project;
(d) types of firearms and archery equipment that can be used at the proposed project;
(e) range safety improved as a result of the proposed project; and
(f) impacts to the human environment. (History: 87-1-279, MCA; IMP , 87-1-277, 87-1-278, 87-1-279, MCA; NEW , 2003 MAR p. 1986, Eff. 9/12/03.)
copied from: http://arm.sos.state.mt.us/12/12-1001.htm