This summary report is provided in accordance with Title 2, Chapter 1, part 4, MCA, which requires that state programs meet the requirements of federal statutes in good faith and with a critical view toward any federal regulations, guidelines, or policies, with due consideration of the financial restraints of local governments, the citizens of Montana, and the state, including the limitation imposed by Article III, section 9 of the Montana Constitution.
As adopted in 1995, Chapter 385, Laws of Montana (SB167), also requires each state agency that is charged with implementing federal mandates begin providing information regarding the cost of the federal mandates. The table which follows identifies some of the most costly and burdensome federal mandates to the State of Montana. There are others not listed due to lack of research resources.
A few of the more costly mandates already have been repealed as a result of the federal Unfunded Mandates Reform Act of 1995, P.L. 104-4, which required three new activities: Congressional Budget Office cost estimates with a point of order procedure against new mandates costing over $50 million; federal agency cost-benefit analyses of new regulations that cost over $100 million; and a study of existing mandates by the Advisory Commission on Intergovernmental Relations (ACIR). The federal act appeared to fulfill its goal at least for several years.
The ACIR study identified more than 200 mandates and highlighted fourteen that were most burdensome nationwide. Several costly health and transportation mandates were repealed. As expected, the most costly existing unfunded mandates concern the environment, labor relations, and health care.
There are no specific recommendations in the budget for contracts to conduct research on federal mandates or to pursue this matter further in the 2001 biennium.
| Agency | Description of the Mandate and Reference | One-Time Only or Annual Cost (In Millions) |
|
DOLI |
Veterans' Services Performance Standards |
unknown |
|
JTPA Performance Standards (P.L. 97-300 Secretary's standards) |
unknown |
|
|
JTPA lack of flexibility |
none |
|
|
Determining Allowable Costs (OMB A-87 and 29 CFR 97) |
unknown |
|
|
Cash Management Improvement Act effect on UI (P.L. 101-453 and 102-589) |
0.03 |
|
|
Fair Labor Standards Act -- see also DofA |
unknown |
|
|
DofA |
Fair Labor Standards Act (29 CFR 541) |
1.50 |
|
Cash Management Improvement Act |
unknown |
|
|
Statewide Cash Allocation Plan (SWCAP) |
unknown |
|
|
DOT |
Delays due to Conformity of Transportation with air quality (40 USC 176(c) |
0.05 |
|
Value Engineering & Life Cycle Costs PROSPECTIVE (59 Federal Register 59182, Nov. 16, 1994) |
2.00 |
|
|
Omnibus Trade & Competitiveness Act of 1988 Metrification (P.L. 100.418 Section 5164) |
20.00 |
|
|
Modified Eccentric Loader Terminal "MELT" (Fed Highway Administration mandate) |
17.50 |
|
|
Drug & Alcohol Testing EBT device standards (49 CFR Part 40) |
0.04 |
|
|
Control of Outdoor Advertising (23 USC Section 131 and 23 CFR Ch. 1, Sec. 750) $16M threat |
unknown |
|
|
Clean Water Act Permit Conditions (33 USC Section 1251-1376, 33 CFR Part 330 Appendix A) |
unknown |
|
|
DPHHS |
Medicaid EPSDT services outside State Plan (42 CFR 441 SubPart B) |
unknown |
|
Medicaid Limited Sanctions against Recipients (various regs) |
unknown |
|
|
Medicaid Flexibility in Cost Sharing (42 CFR 447) |
unknown |
|
|
Medicaid program responsibility, e.g. IHS (various regs) |
2.00 |
|
|
PASARR [Preadmission screening & annual resident review] (42 CFR Part 483) |
0.12 |
|
|
DPHHS - CSE |
Four Child Support Enforcement Mandates (45 CFR 302.33, 303.8(c)(4), 303.11, 303.21) |
0.45 |
|
Title IV-D definition of "state" excludes Tribal Services (42 USC 1301(a)) |
unknown |
|
|
FWP |
National Historic Preservation Act Section 106 (36 CFR 800 and 16 USC Section 470(f)) |
0.10 |
|
Land & Water Conservation Act interpretation (Part 522, USF&W Service Manual, Sect. 7.7.b and 16 USC Section 4601-8(f)(1)) |
1.00 |
|
|
Recreational Boating Safety Act (46 USC Section 13102(a)(3) and 13103(a)(3)) |
unknown |
|
|
Farmland Protection Policy Act (7 CFR 658 and 7 USC 4202(a)) |
unknown |
|
|
Section 504 of the Rehabilitation Act of 1973 vis-a-vis Americans with Disabilities Act |
unknown |
|
|
Resource Conservation and Recovery Act (Fed admin reg) |
0.008 |
|
|
DEQ |
Federal Clean Air Act Case-By-Case MACT Air Toxics (FCAA Section 112(j)) |
0.02 |
|
Federal Clean Air Act Accidental Release (FCAA Section 112(r) |
unknown |
|
|
Whole Effluent Toxicity (WET) Testing (CWA P.L. 92-500 Section 101(a)(3) & 40 CFR 122.21(j)(I)) |
0.05 |
|
|
1986 Amendments to Safe Drinking Water Act (42 USC 300f and 40 CFR 141, 142)) |
unknown |
|
|
Storm Water Provisions of Clean Water Act (40 CFR 122, 123, 124) |
0.43 |
|
|
LONG-RANGE BLDG |
Environmental Hazard requirements |
0.36 |
|
DNRC |
Wastewater Treatment Revolving Fund (P.L. 82-500 Federal Clean Water Act as amended 33 U.S.C., 1251-1387 |
30.00 |
|
Arbitrage Calculation - IRS Code - Treasury Regulations Section 1.148-2(b) |
0.03 |
|
|
Federal Safe Drinking Water Act - Title XIV of Public Health Service Act as amended 42 U.S.C. 300f, et. seq. |
25.00 |
|
|
Federal Agriculture Improvement and Reform Act of 1996 (Farm Bill) Title III |
unknown |
|
|
HISTORICAL SOCIETY |
Historic Sites Preservation ( P.L. 15.904) |
0.67 |
|
LIVESTOCK |
Disease Control St./Fed/Co-op Fed Catalog No. 10-025 |
0.02 |
|
Meat/Poultry Inspection - Meat Inspection Fed Catalog No. 10.025 |
0.27 |
|
|
Centralized Services - Indirect M/INS - Fed Catalog No. 10.025 |
0.02 |
|
|
Milk & Egg Inspection - Shell Egg - Fed Catalog No. 10.477 |
0.02 |
|
|
STATE AUDITOR |
Kennedy-Kassebaum bill |
unknown |
|
Securities Investment Promotion Act of 1996 - Cost and Revenue Neutral for three years |
0 |
|
|
STUDENT FINANCIAL AID |
Student Right to Know and Campus Security Act (P.L. 101-542) |
0.156 |
|
Title IV withdrawal refund |
unknown |
|
|
Taxation of tuition fee waivers |
unknown |
|
|
Federal student aid disbursement (Fed admin reg) |
unknown |
|
|
Perkins Student Loan Program (Fed admin reg) |
0.001 |
|
|
Student assistance general provisions (Fed admin reg) |
unknown |
|
|
Family Parent Loan Program (Fed admin reg) |
0.004 |
|
|
Health Omnibus Program Extension of 1988 (P.L. 100-607) |
unknown |
|
|
Equity in Athletics Disclosure Act (Fed admin reg) |
unknown |
|
|
Cost accounting standards and disclosure statement requirements (Fed admin reg) |
0.01 |
|
|
30 day delay disbursement (Fed admin reg) |
unknown |
|
|
Bankruptcy Law in regard to student financial aid |
unknown |
|
|
Repayment and collection of nursing student loans (Fed admin reg) |
unknown |
|
|
Title IV, crediting a student account (Fed admin reg) |
unknown |
|
|
Withholding tax on nonresident aliens |
unknown |
|
|
Repayment and collection of student loans |
unknown |
|
|
OTHER AGENCIES |
Fair Labor Standards Act overtime provisions |
unknown |
|
OMB Circular A-110 required cost analysis for procurement actions |
unknown |
|
|
ADA Self Regulation Project (Fed admin reg) |
unknown |
|
|
Hazardous Waste Disposal (Fed admin reg) |
unknown |
|
|
SARA Title 3, Reporting Hazardous Material (Fed admin reg) |
unknown |
|
|
Clean Water Act, sewage discharge regulations |
unknown |
|
|
Asbestos Abatement Regulations (Fed admin reg) |
unknown |
|
|
ADA Elevator Regulations (Fed admin reg) |
unknown |
|
|
PUBLIC SCHOOLS |
Individuals with Disabilities Education Act - Categorical labeling |
unknown |
|
Individuals with Disabilities Education Act - Supplement not supplant requirement |
unknown |
|
|
Individuals with Disabilities Education Act - Federal distribution based on child count |
unknown |
|
|
Individuals with Disabilities Education Act - Funding commitment |
unknown |
|
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