Section 2863 - Grants for impact assistanceThe Mining Impact Assistance Fund shall be used to provide impact assistance to municipalities, counties or the Unorganized Territory Education and Services Fund, as follows. [1981, c. 711, §10(NEW).]
1.Definitions. For the purposes of this section, unless the context otherwise indicates, the following terms have the following meanings.A. "Commissioner" means the Commissioner of Administrative and Financial Services. [1997, c. 668, §25(AMD).]B. "Public facilities and services" means facilities and services provided by a municipality or county for public purposes, including, without limitation, education, public health, welfare or safety, sewage disposal, water treatment, road construction or maintenance, transportation, environmental protection, recreation or planning for those facilities and services. [1981, c. 711, §10(NEW).]C. "Related to mining" means directly related to mining or to the construction or reconstruction of a mine site. New or additional public facilities or services shall be deemed to be related to mining when they are provided to a mining company, to employees of the mining company or its contractors or subcontractors and their families, or when they are required because of an increase in population directly attributable to mining or to the construction or reconstruction of a mine site. [1981, c. 711, §10(NEW).] [1997, c. 668, §25(AMD).]
2.Fund established. There is created the Mining Impact Assistance Fund, which shall receive part of the revenues from the excise tax.A. The fund shall not lapse. [1981, c. 711, §10(NEW).]B. Expenditures under subsection 5 may not be made except from funds appropriated from this fund by the Legislature. [1981, c. 711, §10(NEW).] [1981, c. 711, §10(NEW).]
3.Maximum.[1991, c. 883, §7(RP).]
4.Grants to municipalities in which a mine site is located. To the extent funds are available from the excise tax revenues attributable to a mine site located within a municipality, the commissioner shall make a grant to that municipality. The amount of that grant may not be greater than 50% of the amount calculated under section 2861, subsection 3, paragraph E. [1981, c. 711, §10(NEW).]
5.Grants to municipalities, counties and unorganized territory. Prior to receiving the revenues, the Legislature shall make an annual appropriation of those revenues from the fund for grants. The commissioner may make grants from those appropriations to municipalities, counties or the Unorganized Territory Education and Services Fund for providing necessary new or additional public facilities and services related to mining. The commissioner shall award grants taking into account the applicant's:A. Need for new or additional public facilities and services; [1981, c. 711, §10(NEW).]B. Severity of the impact of mining development; [1981, c. 711, §10(NEW).]C. Extent of local effort to meet anticipated needs; and [1981, c. 711, §10(NEW).]D. Availability of increased local revenues from other sources, including, without limitation, municipal reimbursement under subsection 4 or section 2861; changes in revenues from other state or federal programs and revenues from other public or private sources. [1981, c. 711, §10(NEW).] [1981, c. 711, §10(NEW).]
6.Applications. At least annually, the commissioner shall request applications for grants. Applications shall include evidence of the need for public facilities and services related to mining. [1981, c. 711, §10(NEW).]
7.Report.[2017, c. 211, Pt. E, §7(RP).]
8.Rules. The commissioner may adopt or amend rules to establish the procedure for applying for, reviewing and making grants under this section. Those rules shall include provisions for application deadlines, contents of applications, criteria for selecting or approving applications or allocating limited funds, and deadlines for approval or disapproval. [1981, c. 711, §10(NEW).]
Amended by 2017, c. 211,§ E-7, eff. 11/1/2017.1981, c. 711, § 10 (NEW) . 1985, c. 785, §A112 (AMD) . 1991, c. 883, § 7 (AMD) . 1997, c. 668, § 25 (AMD) .