Mont. Admin. R. Title 14 — Governor

Chapter 14.6 Sage Grouse Stewardship

Subchapter 14.6.1 Sage Grouse Stewardship Act

Mont. Admin. R. 14.6.101 Definitions

Unless the context clearly requires otherwise, to aid in the implementation of the Montana Greater Sage-Grouse Stewardship Act and as used in these rules:

(1) "Agency" for the purposes of the act means a department, agency, or instrumentality of the state of Montana; a political subdivision of the state; or a tribe. "Agency" is not a private individual, private entity, or private organization recognized by the laws of the state of Montana.

(2) "Department" means the Department of Natural Resources and Conservation.

(3) "HQT" means Habitat Quantification Tool, a geo-spatial based application designed to implement 76-22-103(9), MCA, as documented in the Montana Mitigation System Habitat Quantification Tool Technical Manual for Greater Sage-Grouse.

(4) "Invasive weed" means a grass, forb, shrub, or tree (weed) listed on the Montana Invasive and Noxious Weed list or other weed designated by MSGOT as invasive and which has: a known quantifiable negative impact on the quality or quantity of general, core or connectivity sage grouse habitat; or negatively impacts sage grouse populations other than through habitat impacts.

(5) "Major Version" is a means to track revisions to the Montana Mitigation System Habitat Quantification Tool Technical Manual for Greater Sage-Grouse or Montana Mitigation System Policy Guidance for Greater Sage-Grouse. Major Versions are identified as 1.x, 2.x, 3.x, etc.

(6) "Minor Version" is a means to track routine inputs to the HQT made by the program to the Montana Mitigation System Habitat Quantification Tool Technical Manual for Greater Sage-Grouse or Montana Mitigation System Policy Guidance for Greater Sage-Grouse. Minor Versions are identified as x.1, x.2, x.3, etc. Examples of routine inputs include updates to Geographic Information System layers used in the HQT and editorial changes.

(7) "Mitigation Hierarchy or Sequence" means taking steps to:

(a) avoid impacts by not taking a certain action or parts of an action;

(b) minimize impacts by limiting the degree or magnitude of the action and its implementation;

(c) rectify impact by repairing, rehabilitating, or restoring the affected environment;

(d) reduce or eliminate the impact over time by preservation and maintenance operations during the life of the action; and

(e) compensate for impact by replacing or providing substitute resources or environments.

(8) "Mitigation System" means implementation of the mitigation hierarchy, as defined by (7) and as directed by (9) the Montana Habitat Quantification Tool Technical Manual for Greater Sage-Grouse and (10) the Montana Mitigation System Policy Guidance for Greater Sage-Grouse.

(9) "Montana Mitigation System Habitat Quantification Tool Technical Manual for Greater Sage-Grouse" describes the scientific methods used to evaluate vegetation and environmental conditions related to the quality and quantity of sage grouse habitat.

(10) "Montana Mitigation System Policy Guidance for Greater Sage-Grouse" describes the policies, procedures, and methods of the Mitigation System to quantify and calculate the value of credits and debits.

(11) "MSGOT" means the Montana Sage Grouse Oversight Team.

(12) "Organization" means a private entity registered with the Montana Secretary of State authorized to conduct business in the state of Montana.

History

• Authorizing statute(s): 76-22-104, MCA
• Implementing statute(s): 76-22-105, 76-22-109, 76-22-110, 76-22-112, 76-22-118, MCA
• History: NEW, 2016 MAR p. 458, Eff. 3/5/16; AMD, 2019 MAR p. 41, Eff. 1/12/19.

Mont. Admin. R. 14.6.102 Grants

(1) An applicant shall file an application for a grant under Title 76, chapter 22, part 1, MCA, on a form approved by MSGOT. MSGOT shall publish grant application deadlines on the department's web site.

(2) Completed applications must be submitted with any supporting documentation through the online WebGrant tool on the department web page; or, by other means which MSGOT approves and establishes for submission of applications. Applications submitted by e-mail will not be accepted.

(3) Incomplete applications may be returned.

(4) Applications shall be evaluated at a regularly scheduled meeting of MSGOT.

(5) Evaluation of applications by MSGOT shall be in accordance with Title 76, chapter 22, part 1, MCA.

(6) Applicants for projects approved by MSGOT must enter into an agreement with the department and MSGOT prior to disbursement of funds from the Sage Grouse Stewardship Account.

(7) Grant recipients will be subject to project reporting requirements pursuant to the terms of the agreement.

(8) Monitoring and review of projects will be pursuant to the terms of the agreement

(9) MSGOT will give greater priority to applications for conservation activities eligible for funding under 76-22-110, MCA, which would be implemented in core areas. MSGOT may still consider funding conservation activities in general habitat and connectivity areas where high resource values for sage grouse exist and credits could be generated consistent with 76-22-109, MCA.

History

• Authorizing statute(s): 76-22-104, MCA
• Implementing statute(s): 76-22-105, 76-22-109, 76-22-110, 76-22-112, 76-22-118, MCA
• History: NEW, 2016 MAR p. 458, Eff. 3/5/16; AMD, 2019 MAR p. 41, Eff. 1/12/19.

Mont. Admin. R. 14.6.103 Habitat Quantification Tool Designation

(1) Designation of major versions of the Montana Mitigation System Habitat Quantification Tool Technical Manual for Greater Sage-Grouse shall prompt the initiation of rulemaking to incorporate the new major version by reference.

(2) MSGOT shall review all proposed changes to major versions of its designated Montana Mitigation System Habitat Quantification Tool Technical Manual for Greater Sage-Grouse after a publicly announced MSGOT meeting and after accepting written and oral public comment.

(3) Minor versions of the Montana Mitigation System Habitat Quantification Tool Technical Manual for Greater Sage-Grouse shall be recorded by the program after a publicly announced meeting of the Montana Sage Grouse Oversight Team and after accepting public comment.

(4) Once the current Montana Mitigation System HQT has been applied to calculate the functional acres gained on a proposed mitigation site, or the functional acres lost on a proposed development site; the program has completed its review; and the project developer obtains the necessary state or federal permits, any subsequent versions of the HQT will not apply to the project except as provided in (b).

(a) Once the HQT has been applied to calculate the number of functional acres gained or lost for a project and MSGOT has approved, the number of calculated functional acres gained or lost will not be changed without written approval from every party to the mitigation transaction for the project, including, but not limited to:

(i) MSGOT;

(ii) the project developer; and

(iii) the credit provider.

(b) Permit amendments will be subject to the current version of the HQT to calculate functional acres lost resulting from new activities associated with the amendment.

(c) Amendments to credit sites will be subject to the current version of the Montana Mitigation System Habitat Quantification Tool Technical Manual for Greater Sage-Grouse at the time of the proposed amendment.

(5) The current version of the MSGOT designated Montana Mitigation System Habitat Quantification Tool Technical Manual for Greater Sage-Grouse is the version made available to the public on the program's web site. Past versions of HQT and the technical manual will be blocked from further use except as allowed in (4)(a) and preserved in archive by the program.

(6) MSGOT or any other third party must apply the current version of the Montana Mitigation System Habitat Quantification Tool Technical Manual for Greater Sage-Grouse to calculate functional acres gained or lost as provided on the program's website and applied by the program to perform the calculations for the following:

(a) a conservation bank;

(b) participation in a habitat credit exchange approved by the U.S. Fish and Wildlife Service (USFWS);

(c) making a financial contribution to the Sage-Grouse Stewardship Account if sufficient credits are not available;

(d) implementing stand-alone mitigation actions to offset impacts to sage grouse habitat;

(e) calculating functional acres gained by funding from the Sage-Grouse Stewardship Account; or

(f) calculating functional acres gained through stand-alone efforts to create mitigation credit sites.

History

• Authorizing statute(s): 76-22-104, MCA
• Implementing statute(s): 76-22-105, 76-22-109, 76-22-110, 76-22-111, 76-22-112, 76-22-113, 76-22-114, 76-22-118, MCA
• History: NEW, 2019 MAR p. 41, Eff. 1/12/19; AMD, 2023 MAR p. 1743, Eff. 12/9/23.

Mont. Admin. R. 14.6.104 Compensatory Mitigation System

(1) The mitigation sequence is applicable to all activities within sage grouse core areas, general habitat and connectivity habitat subject to agency review, approval, or authorization including temporary impacts that are later rectified through reclamation and restoration activities, unless exempted by MSGOT.

(2) Designation of major versions of the Montana Mitigation System Policy Guidance for Greater Sage-Grouse shall prompt the initiation of rulemaking to incorporate the new major version by reference.

(3) MSGOT shall review major proposed changes to its designated Montana Mitigation System Policy Guidance for Greater Sage-Grouse after a publicly announced MSGOT meeting, and after accepting written and oral public comment.

(4) Minor versions of the Montana Mitigation System Policy Guidance for Greater Sage-Grouse shall be recorded by the program after a publicly announced meeting of the Montana Sage Grouse Oversight Team and after accepting public comment.

(5) The current version of the Montana Mitigation System Policy Guidance for Greater Sage-Grouse is the version made available to the public on the program's website. Past versions of the Montana Mitigation System Policy Guidance for Greater Sage-Grouse will be blocked from further use except as allowed in ARM 14.6.103(4)(a) and preserved in an archive by the program.

(6) Once the current Montana Mitigation System Policy Guidance for Greater Sage-Grouse has been applied to calculate the credits of a proposed mitigation site, or the debits of a proposed development site; the program has completed its review; and the project developer obtains the necessary state or federal permits, any subsequent versions of the Montana Mitigation System Policy Guidance for Greater Sage-Grouse will not apply.

(7) Once the current Montana Mitigation System Policy Guidance for Greater Sage-Grouse has been applied to calculate credits or debits:

(a) the number of calculated credits or debits will not be changed without written approval from every party to the mitigation transaction for the project, including, but not limited to:

(i) MSGOT;

(ii) the project developer; and

(iii) the credit provider.

(b) Permit amendments will be subject to the current version of the Montana Mitigation System Policy Guidance for Greater Sage-Grouse to calculate debits resulting from new activities associated with the amendment.

(c) amendments to credit sites will be subject to the current version of the Montana Mitigation System Policy Guidance for Greater Sage-Grouse at the time of the proposed amendment.

(8) MSGOT or any other third party shall use the current Montana Mitigation System Policy Guidance for Greater Sage-Grouse provided on the program's web site and applied by the program to determine the number of debits or credits for the following:

(a) a conservation bank;

(b) participation in a habitat credit exchange approved by USFWS;

(c) making a financial contribution to the Sage-Grouse Stewardship Account if sufficient credits are not available;

(d) implementing stand-alone mitigation actions to offset impacts to sage grouse habitat;

(e) calculating credits created by funding from the Sage-Grouse Stewardship Account; or

(f) calculating credits through stand-alone efforts to create mitigation credit sites.

(9) MSGOT will approve compensatory mitigation plans that involve sage grouse habitat restoration, habitat enhancement, or habitat preservation through participation in one or more of the following:

(a) a conservation bank;

(b) participation in a habitat credit exchange;

(c) making a financial contribution to the Sage-Grouse Stewardship Account if sufficient credits are not available; or

(d) funding stand-alone mitigation actions to offset impacts to sage grouse habitat.

(10) All compensatory mitigation plans involving habitat restoration, enhancement, or preservation, and approved by MSGOT, must:

(a) meet the applicable standards provided in the Montana Mitigation System Policy Guidance for Greater Sage-Grouse;

(b) be in consideration of applicable USFWS Greater Sage-Grouse policies; and

(c) apply the current version of the HQT that implements the Montana Mitigation System Habitat Quantification Tool Technical Manual for Greater Sage-Grouse designated by MSGOT.

(11) Research or education shall not be used to fulfill mitigation sequence obligations.

History

• Authorizing statute(s): 76-22-104, MCA
• Implementing statute(s): 76-22-105, 76-22-109, 76-22-110, 76-22-111, 76-22-112, 76-22-113, 76-22-114, 76-22-118, MCA
• History: NEW, 2019 MAR p. 41, Eff. 1/12/19.

Mont. Admin. R. 14.6.105 Method to Track and Maintain the Number of Credits and Debits Available and Used

(1) MSGOT or its designee shall assign a unique identifier for each credit created through funds disbursed from the Sage-Grouse Stewardship Account.

(2) MSGOT or its designee shall assign a unique identifier for each credit created through conservation activities funded or implemented independently from the Sage-Grouse Stewardship Account.

(3) MSGOT or its designee shall assign a unique identifier for each debit created by a project developer.

(4) MSGOT or its designee shall establish a database and tracking system that contains, but is not limited to:

(a) the number of credits generated by conservation activities funded, at least in part, by funds disbursed from the Sage-Grouse Stewardship Account;

(b) the number of credits generated by conservation activities not funded through the Sage-Grouse Stewardship Account and approved by MSGOT for use as compensatory mitigation by project developers;

(c) the number of debits attributed to a development project;

(d) the location of all credits generated and debits generated;

(e) credit transactions between parties; and

(f) service area of the debits and credits, respectively.

(5) The information within the tracking system will be available to the public on the program's web site.

History

• Authorizing statute(s): 76-22-104, MCA
• Implementing statute(s): 76-22-104, 76-22-105, 76-22-109, 76-22-110, 76-22-111, 76-22-112, 76-22-118, MCA
• History: NEW, 2019 MAR p. 41, Eff. 1/12/19.

Mont. Admin. R. 14.6.106 Method to Administer the Review and Monitoring of Msgot Funded Projects

(1) MSGOT, through the program, will establish a database and tracking system to review and monitor projects funded by MSGOT using the Sage-Grouse Stewardship Account.

(2) The database and tracking system shall contain information including, but not limited to:

(a) the name of the Sage-Grouse Stewardship Account grant recipient(s);

(b) the amount awarded;

(c) the date the state funds were transferred to the grant recipient(s) if a one-time lump sum grant, or

(d) the dates state funds were transferred to the grant recipient(s) if the award was a reimbursable grant;

(e) a description of characteristics of the project including, but not limited to:

(i) type of project;

(ii) number of acres; and

(iii) land ownership;

(f) the duration of the project;

(g) any expected conservation benefits of the project;

(h) the geospatial location and/or legal description of where the project was implemented;

(i) the number of credits generated, and their characteristics;

(j) the unique identifier assigned to each of those credits;

(k) transactions of credits created;

(l) progress and final reports submitted by the grant recipient(s);

(m) annual monitoring reports;

(n) sage grouse leks on and in the vicinity of the project area, and trend data on the number of breeding males on those leks;

(o) the grant agreement number assigned by the Program and any amendments to the original grant; and

(p) service area.

History

• Authorizing statute(s): 76-22-104, MCA
• Implementing statute(s): 76-22-104, 76-22-105, 76-22-109, MCA
• History: NEW, 2019 MAR p. 41, Eff. 1/12/19.

Chapter 14.8 Energy Shortages

Subchapter 14.8.4 Energy Supply Monitoring and Emergency Management

Mont. Admin. R. 14.8.401 Definitions

As used in this subchapter, the following definitions apply:

(1) "Confidential information" has the same meaning as in 2-6-1002, MCA.

(2) "Customer" means any individual, partnership, corporation, firm, governmental entity, or organization that purchases an energy resource within Montana.

(3) "Department" or "DEQ" means the Department of Environmental Quality as defined in 2-15-3501, MCA.

(4) "Distributor" has the same meaning given in 90-4-302, MCA.

(5) "Emergency" means an energy emergency as defined in 90-4-302, MCA.

(6) "Energy" has the same meaning given in 90-4-302, MCA.

(7) "Firm" means any person, as defined in 90-4-302, MCA, engaged in any activity covered by these rules.

(8) "Local government" means any county, city, town, municipal corporation, or other political subdivision of the state.

(9) "Person" has the same meaning given in 90-4-302, MCA.

(10) "Petroleum products" has the same meaning given in 90-4-302. MCA.

(11) "Prime petroleum supplier" has the same meaning given in 90-4-302, MCA.

(12) "Supply alert" means an energy supply alert as defined in 90-4-302, MCA.

History

• Authorizing statute(s): 90-4-316, MCA
• Implementing statute(s): 90-4-305, 90-4-309, 90-4-310, MCA
• History: NEW, 2020 MAR p. 1322, Eff. 7/25/20.

Mont. Admin. R. 14.8.402 Declaration of Supply Alert or Emergency

(1) The Governor shall give written notice to state agency heads, local government entities, appropriate trade groups, and distributors affected by a declaration of a supply alert or emergency of the declaration and its requirements. The Governor shall issue a news release describing the action taken.

History

• Authorizing statute(s): 90-4-316, MCA
• Implementing statute(s): 90-4-309, 90-4-310, 90-4-311, 90-4-313, 90-4-314, MCA
• History: NEW, 2020 MAR p. 1322, Eff. 7/25/20.

Mont. Admin. R. 14.8.405 Information Required of Distributor

(1) If a distributor experiences an event that the distributor believes may cause or is causing an energy supply shortage or other condition that may result in a supply alert or emergency as defined in 90-4-302, MCA, or if the Governor believes such an event has occurred and notifies the distributor, the distributor shall, within 24 hours after the event occurs or the Governor gives notification, report the event to the department's duty officer at (406) 431-0014, and send the following information concerning the event to the department at DEQEnergyEmergency@mt.gov;

(a) a current status report including geographic area of impact;

(b) estimated effect on energy customers and on health/human safety;

(c) effect of the incident on infrastructure, including other energy sectors, transportation, food distribution, and emergency services;

(d) expected duration;

(e) recommended actions the public or industry can take to reduce or adjust consumption;

(f) the distributor's contact information;

(g) any other information the distributor thinks might be helpful in a supply alert or emergency; and

(h) any other information requested by the department that the department determines is necessary to address the supply alert or emergency.

(2) During a supply alert or emergency each distributor named in the declaration of the supply alert or emergency shall submit via e-mail to DEQ at DEQEnergyEmergency@mt.gov at a frequency determined by the department or by another method if requested by the department, a report that contains the information in (1).

(3) Pursuant to 90-4-305(5), MCA, nothing in this rule requires a distributor to provide confidential information, trade secrets, or other facts of a proprietary nature.

(4) The department shall inform the public about each supply alert or emergency and actions being taken to address it and actions that the public is requested or required to take.

History

• Authorizing statute(s): 90-4-316, MCA
• Implementing statute(s): 90-4-305, 90-4-308, 90-4-309, 90-4-310, MCA
• History: NEW, 2020 MAR p. 1322, Eff. 7/25/20.

Mont. Admin. R. 14.8.406 Evaluating Information

(1) The department shall evaluate the information provided under ARM 14.8.405 and recommend to the Governor one or more actions based on the severity of the shortage.

History

• Authorizing statute(s): 90-4-316, MCA
• Implementing statute(s): 90-4-304, 90-4-305, 90-4-308, 90-4-309, 90-4-310, MCA
• History: NEW, 2020 MAR p. 1322, Eff. 7/25/20.

Mont. Admin. R. 14.8.407 Requirement to File Monthly Reports

(1) The following entities shall submit monthly reports as follows:

(a) Each refinery shall submit copies of the federal Monthly Refinery Report (EIA-810).

(b) Each petroleum pipeline company that delivers petroleum products to Montana customers shall submit a monthly report, on the form prescribed by the department, of:

(i) pipeline receipts, deliveries, and inventories by terminal location and consignee for all petroleum products delivered through its Montana system; and

(ii) its total quantity of out-of-state imports and exports.

(c) Each prime petroleum supplier shall submit a copy of that supplier's federal Monthly Report of Prime Supplier Sales of Petroleum Products Sold for Local Consumption (EIA-782C).

(2) Each report required to be submitted in this rule must be submitted to the department by e-mail to petroleumdatareporting@mt.gov within 20 days after the end of the month for which the report is being provided.

(3) Each monthly report required in this rule is for a calendar month.

History

• Authorizing statute(s): 90-4-316, MCA
• Implementing statute(s): 90-4-305, MCA
• History: NEW, 2020 MAR p. 1322, Eff. 7/25/20.

Mont. Admin. R. 14.8.410 Correcting Submissions

(1) Any documents submitted under ARM 14.8.407 that are subsequently revised must be resubmitted in their revised form by the submitting firm within 10 days after the revision is completed.

(2) The department may request a distributor required to submit a report under this subchapter to replace an illegible or missing report. A distributor shall submit a replacement to the department via e-mail to petroleumdatareporting@mt.gov within 30 days after the department sends a written request to the firm by e-mail or U.S. postal mail.

History

• Authorizing statute(s): 90-4-316, MCA
• Implementing statute(s): 90-4-305, MCA
• History: NEW, 2020 MAR p. 1322, Eff. 7/25/20.

Mont. Admin. R. 14.8.411 Trade Secrets, Confidential, or Proprietary Information

(1) Information submitted under 90-4-305(2), MCA, is subject to 90-4-305(6), MCA.

(2) For information not listed in 90-4-305(2), MCA, that is required to be submitted under this subchapter, if a distributor, as defined in 90-4-302, MCA, believes it to be confidential, trade secrets, or of a proprietary nature, and wishes:

(a) not to submit it to the department, the distributor shall inform the department and describe the nature of the information. Unless the department obtains a court order requiring disclosure, the distributor is not required to submit the information to the department;

(b) to submit the information to the department and have it protected it as confidential information, the distributor shall provide an affidavit to the department that establishes, to the department's satisfaction, that the information is confidential. On determining that the information is confidential, the department shall hold the information as confidential and, upon receiving a request for disclosure, may not disclose it unless it first informs the submitter and provides a reasonable period for the submitter to obtain a court order designating the information confidential.

(3) Unless a court orders otherwise, the department shall withhold from public scrutiny information submitted to it under this subchapter if the submitter provides an affidavit that establishes, to the department's satisfaction, that release of the information jeopardizes the safety of an individual or the public.

History

• Authorizing statute(s): 90-4-316, MCA
• Implementing statute(s): 2-6-1002(1), MCA
• History: NEW, 2020 MAR p. 1322, Eff. 7/25/20.

Mont. Admin. R. 14.8.412 Exceptions from Compliance

(1) The Governor, in a declaration of an alert or emergency, may authorize the department to relieve a firm or governmental entity from a duty to comply with a provision of this subchapter if the department determines that compliance is not necessary to plan, prepare for, or implement a supply alert or emergency.

History

• Authorizing statute(s): 90-4-316, MCA
• Implementing statute(s): 90-4-305, 90-4-313, MCA
• History: NEW, 2020 MAR p. 1322, Eff. 7/25/20.