reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.4 - Rules Implementing the Montana Environmental Policy Act › Rule 12.2.432 - PREPARATION AND CONTENTS OF ENVIRONMENTAL ASSESSMENTS

Current through Register Vol. 13, July 5, 2024
(1) The agency shall prepare an EA,
				regardless of its length or the depth of analysis, in a manner which utilizes
				an interdisciplinary approach. The agency may initiate a process to determine
				the scope of issues to be addressed in an EA. Whenever the agency elects to
				initiate this process, it shall follow the procedures contained in ARM
				12.2.434.
(2) For a routine action with limited
				environmental impact, the contents of an EA may be reflected on a standard
				checklist format. At the other extreme, whenever an action is one that might
				normally require an EIS, but effects that otherwise might be deemed significant
				are mitigated in project design or by controls imposed by the agency, the
				analysis, format, and content must all be more substantial. The agency shall
				prepare the evaluations and present the information described in section (3) as
				applicable and in a level of detail appropriate to the following
				considerations:
(a) the complexity of the
				proposed action;
(b) the
				environmental sensitivity of the area affected by the proposed
				action;
(c) the degree of
				uncertainty that the proposed action will have a significant impact on the
				quality of the human environment;
(d) the need for and complexity of mitigation
				required to avoid the presence of significant impacts.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.4 - Rules Implementing the Montana Environmental Policy Act › Rule 12.2.433 - PUBLIC REVIEW OF ENVIRONMENTAL ASSESSMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				The level of analysis in an EA will vary with the complexity and seriousness of
				environmental issues associated with a proposed action. The level of public
				interest will also vary. The agency is responsible for adjusting public review
				to match these factors.
(2) An EA
				is a public document and may be inspected upon request. Any person may obtain a
				copy of an EA by making a request to the agency. If the document is
				out-of-print, a copying charge may be levied.
(3) The agency is responsible for providing
				additional opportunities for public review consistent with the seriousness and
				complexity of the environmental issues associated with a proposed action and
				the level of public interest. Methods of accomplishing public review include
				publishing a news release or legal notice to announce the availability of an
				EA, summarizing its content and soliciting public comment; holding public
				meetings or hearings; maintaining mailing lists of persons interested in a
				particular action or type of action and notifying them of the availability of
				EAs on such actions; and distributing copies of EAs for review and
				comment.
(4) For an action with
				limited environmental impact and little public interest, no further public
				review may be warranted. However, where an action is one that normally requires
				an EIS, but effects that otherwise might be deemed significant are mitigated in
				the project proposal or by controls imposed by the agency, public involvement
				must include the opportunity for public comment, a public meeting or hearing,
				and adequate notice. The agency is responsible for determining appropriate
				methods to ensure adequate public review on a case by case basis.
(5) The agency shall maintain a log of all
				EAs completed by the agency and shall submit a list of any new EAs completed to
				the office of the governor and the environmental quality council on a quarterly
				basis. In addition, the agency shall submit a copy of each completed EA to the
				EQC.
(6) The agency shall consider
				the substantive comments received in response to an EA and proceed in
				accordance with one of the following steps, as appropriate:
(a) determine that an EIS is
				necessary:
(b) determine that the
				EA did not adequately reflect the issues raised by the proposed action and
				issue a revised document; or
(c)
				determine that an EIS is not necessary and make a final decision on the
				proposed action, with appropriate modification resulting from the analysis in
				the EA and analysis of public comment.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.4 - Rules Implementing the Montana Environmental Policy Act › Rule 12.2.434 - DETERMINING THE SCOPE OF AN EIS

Current through Register Vol. 13, July 5, 2024
(1) Prior to
				the preparation of an EIS, the agency shall initiate a process to determine the
				scope of the EIS.
(2) To identify
				the scope of an EIS, the agency shall:
(a)
				invite the participation of affected federal, state, and local government
				agencies, Indian tribes, the applicant, if any, and interested persons or
				groups;
(b) identify the issues
				related to the proposed action that are likely to involve significant impacts
				and that will be analyzed in depth in the EIS;
(c) identify the issues that are not likely
				to involve significant impacts, thereby indicating that unless unanticipated
				effects are discovered during the preparation of the EIS, the discussion of
				these issues in the EIS will be limited to a brief presentation of the reasons
				they will not significantly affect the quality of the human environment;
				and
(d) identify those issues that
				have been adequately addressed by prior environmental review, thereby
				indicating that the discussion of these issues in the EIS will be limited to a
				summary and reference to their coverage elsewhere; and
(e) identify possible alternatives to be
				considered.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.4 - Rules Implementing the Montana Environmental Policy Act › Rule 12.2.435 - ENVIRONMENTAL IMPACT STATEMENTS-GENERAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
The following apply to the design and preparation of
				  EISs:
(1) The agency shall prepare
				EISs that are analytic rather than encyclopedic.
(2) The agency shall discuss the impacts of a
				proposed action in a level of detail that is proportionate to their
				significance. For other than significant issues, an EIS need only include
				enough discussion to show why more study is not warranted.
(3) The agency shall prepare with each draft
				and final EIS a brief summary that is available for distribution separate from
				the EIS. The summary must describe:
(a) the
				proposed action being evaluated by the EIS, the impacts, and the
				alternatives;
(b) areas of
				controversy and major conclusions:
(c) the tradeoffs among the alternatives;
				and
(d) the agency's preferred
				alternative, if any.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.4 - Rules Implementing the Montana Environmental Policy Act › Rule 12.2.436 - PREPARATION AND CONTENTS OF DRAFT ENVIRONMENTAL IMPACT STATEMENTS

Current through Register Vol. 13, July 5, 2024
If required by these rules, the agency shall prepare a draft
				  environmental impact statement using an interdisciplinary approach and
				  containing the following:
(1) a
				description of the proposed action, including its purpose and
				benefits;
(2) a listing of any
				state, local, or federal agencies that have overlapping or additional
				jurisdiction and a description of their responsibility for the proposed
				action;
(3) a description of the
				current environmental conditions in the area affected by the proposed action or
				alternatives, including maps and charts, whenever appropriate. The description
				must be no longer than is necessary to understand the effects of the action and
				alternatives. Data analysis must be commensurate with the importance of the
				impact with less important material summarized, consolidated, or simply
				referenced;
(4) a description of
				the impacts on the quality of the human environment of the proposed action
				including:
(a) the factors listed in (3) (d)
				and (e) of ARM
				12.2.432, whenever
				appropriate;
(b) primary,
				secondary, and cumulative impacts;
(c) potential growth-inducing or
				growth-inhibiting impacts;
(d)
				irreversible and irretrievable commitments of environmental resources,
				including land, air, water and energy;
(e) economic and environmental benefits and
				costs of the proposed action: and
(f) the relationship between local short-term
				uses of man's environment and the effect on maintenance and enhancement of the
				long-term productivity of the environment. Where a cost-benefit analysis is
				prepared by the agency prior to the preparation of the draft EIS, it shall be
				incorporated by reference in or appended to the EIS;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.4 - Rules Implementing the Montana Environmental Policy Act › Rule 12.2.437 - ADOPTION OF DRAFT ENVIRONMENTAL IMPACT STATEMENT AS FINAL

Current through Register Vol. 13, July 5, 2024
(1) Depending upon the substantive comments
				received in response to the draft EIS, the draft statement may suffice. The
				agency shall determine whether to adopt the draft FTS within 30 days of the
				close of the comment period on the draft EIS.
(2) In the event the agency determines to
				adopt the draft EIS, the agency shall notify the governor, the Environmental
				Quality Council, the applicant, if any, and all commenters of its decision and
				provide a statement describing its proposed course of action. This notification
				must be accompanied by a copy of all comments or a summary of a representative
				sample of comments received in response to the draft statement, together with,
				at minimum, an explanation of why the issues raised do not warrant the
				preparation of a final EIS.
(3) The
				agency shall provide public notice of its decision to adopt the draft EIS as a
				final
(4) If the agency decides to
				adopt the draft EIS as the final EIS, it may make a final decision on the
				proposed action no sooner than 15 days after complying with subsections (1)
				through (3) above.
Sec.
					 2-3-103,
					 2-4-201, MCA; IMP, Sec.
					 2-3-104,
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.4 - Rules Implementing the Montana Environmental Policy Act › Rule 12.2.438 - PREPARATION AND CONTENTS OF FINAL ENVIRONMENTAL IMPACT STATEMENT

Current through Register Vol. 13, July 5, 2024
Except as provided in ARM
				  12.2.437, a final environmental
				  impact statement must include:
(1) a
				summary of major conclusions and supporting information from the draft EIS and
				the responses to substantive comments received on the draft EIS, stating
				specifically where such conclusions and information were changed from those
				which appeared in the draft;
(2) a
				list of all sources of written and oral comments on the draft EIS, including
				those obtained at public hearings, and, unless impractical, the text of
				comments received by the agency (in all cases, a representative sample of
				comments must be included);
(3) the
				agency's responses to substantive comments, including an evaluation of the
				comments received and disposition of the issues involved;
(4) data, information, and explanations
				obtained subsequent to circulation of the draft; and
(5) the agency's recommendation, preferred
				alternative, or proposed decision together with an explanation of the reasons
				therefor.
Sec.
					 2-3-103,
					 2-4-201, MCA; IMP, Sec.
					 2-3-104,
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.4 - Rules Implementing the Montana Environmental Policy Act › Rule 12.2.439 - TIME LIMITS AND DISTRIBUTION OF ENVIRONMENTAL IMPACT STATEMENTS

Current through Register Vol. 13, July 5, 2024
(1) Following preparation of a draft EIS, the
				agency shall distribute copies to the governor, EQC, appropriate state and
				federal agencies, the applicant, if any, and persons who have requested
				copies.
(2) The listed transmittal
				date to the governor and the EQC must not be earlier than the date that the
				draft EIS is mailed to other agencies, organizations, and individuals. The
				agency shall allow 30 days for reply, provided that the agency may extend this
				period up to an additional 30 days at its discretion or upon application of any
				person for good cause. When preparing a joint EIS with a federal agency or
				agencies, the agency may also extend this period in accordance with time
				periods specified in regulations that implement the National Environmental
				Policy Act. However, no extension which is otherwise prohibited by law may be
				granted.
(3) In cases involving an
				applicant, after the period for comment on the draft EIS has expired, the
				agency shall send to the applicant a copy of all written comments that were
				received. The agency shall advise the applicant that he has a reasonable time
				to respond in writing to the comments received by the agency on the draft EIS
				and that the applicant's written response must be received before a final EIS
				can be prepared and circulated. The applicant may waive his right to respond to
				the comments on the draft EIS.
(4)
				Following preparation of a final EIS, the agency shall distribute copies to the
				governor, EQC, appropriate state and federal agencies, the applicant, if any,
				persons who submitted comments on or received a copy of the draft EIS, and
				other members of the public upon request.
(5) Except as provided by ARM
				12.2.437(4), a
				final decision must not be made on the proposed action being evaluated in a
				final EIS until 15 days have expired from the date of transmittal of the final
				EIS to the governor and EQC. The listed transmittal date to the governor and
				EQC must not be earlier than the date that the final EIS is mailed to other
				agencies, organizations, and individuals.
(6) All written comments received on an EIS,
				including written responses received from the applicant, must be made available
				to the public upon request.
(7)
				Until the agency reaches its final decision on the proposed action, no action
				concerning the proposal may be taken that would:
(a) have an adverse environmental impact;
				or
(b) limit the choice of
				reasonable alternatives, including the no-action alternative.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.4 - Rules Implementing the Montana Environmental Policy Act › Rule 12.2.440 - SUPPLEMENTS TO ENVIRONMENTAL IMPACT STATEMENTS

Current through Register Vol. 13, July 5, 2024
(1) The agency shall prepare supplements to
				either draft or final environmental impact statements whenever:
(a) the agency or the applicant makes a
				substantial change in a proposed action:
(b) there are significant new circumstances,
				discovered prior to final agency decision, including information bearing on the
				proposed action or its impacts that change the basis for the decision;
				or
(c) following preparation of a
				draft EIS and prior to completion of a final EIS, the agency determines that
				there is a need for substantial, additional information to evaluate the impacts
				of a proposed action or reasonable alternatives.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.4 - Rules Implementing the Montana Environmental Policy Act › Rule 12.2.441 - ADOPTION OF AN EXISTING EIS

Current through Register Vol. 13, July 5, 2024
(1) The agency
				shall adopt as part of a draft EIS all or any part of the information,
				conclusions, comments, and responses to comments contained in an existing EIS
				that has been previously or is being concurrently prepared pursuant to MEPA or
				the National Environmental Policy Act if the agency determines:
(a) that the existing EIS covers an action
				paralleling or closely related to the action proposed by the agency or the
				applicant;
(b) on the basis of its
				own independent evaluation, that the information contained in the existing EIS
				has been accurately presented; and
(c) that the information contained in the
				existing EIS is applicable to the action currently being considered.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.4 - Rules Implementing the Montana Environmental Policy Act › Rule 12.2.442 - INTERAGENCY COOPERATION

Current through Register Vol. 13, July 5, 2024
(1) Whenever it is
				the lead agency responsible for preparation of an EIS, the agency may:
(a) request the participation of other
				governmental agencies which have special expertise in areas that should be
				addressed in the EIS;
(b) allocate
				assignments, as appropriate, for the preparation of the EIS among other
				participating agencies; and
(c)
				coordinate the efforts of all affected agencies.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.4 - Rules Implementing the Montana Environmental Policy Act › Rule 12.2.443 - JOINT ENVIRONMENTAL IMPACT STATEMENTS AND EA'S

Current through Register Vol. 13, July 5, 2024
(1) Whenever the agency and one or more other
				state agencies have jurisdiction over an applicant's proposal or major state
				actions that individually, collectively, or cumulatively require an EIS and
				another agency is clearly the lead agency, the agency shall cooperate with the
				lead agency in the preparation of a joint EIS. Whenever it is clearly the lead
				agency, the agency shall coordinate the preparation of the EIS as required by
				this rule. Whenever the agency and one or more agencies have jurisdiction over
				an applicant's proposal or major state actions and lead agency status cannot be
				resolved, the agency shall request a determination from the governor.
(2) The agency shall cooperate with federal
				and local agencies in preparing EISs when the jurisdiction of the agency is
				involved. This cooperation may include, but is not limited to: joint
				environmental research studies, a joint process to determine the scope of an
				EIS, joint public hearings, joint EISs, and, whenever appropriate, joint
				issuance of a record of decision.
(3) Whenever the agency proposes or
				participates in an action that requires preparation of an EIS under both the
				National Environmental Policy Act and MEPA, the EIS must be prepared in
				compliance with both statutes and associated rules and regulations. The agency
				may, if required by a cooperating federal agency, accede to and follow more
				stringent requirements, such as additional content or public review periods,
				but in no case may it accede to less than is provided for in these
				rules.
(4) The same general
				provisions for cooperation and joint issuance of documents provided for in this
				rule in connection with EISs also apply to EAs.
Sec.
					 2-3-103,
					 2-4-201, MCA; IMP, Sec.
					 2-3-104,
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.4 - Rules Implementing the Montana Environmental Policy Act › Rule 12.2.444 - PREPARATION, CONTENT, AND DISTRIBUTION OF A PROGRAMMATIC REVIEW

Current through Register Vol. 13, July 5, 2024
(1) Whenever the agency is contemplating a
				series of agency-initiated actions, programs, or policies which in part or in
				total may constitute a major state action significantly affecting the human
				environment, it shall prepare a programmatic review discussing the impacts of
				the series of actions.
(2) The
				agency may also prepare a programmatic review whenever required by statute,
				whenever a series of actions under the jurisdiction of the agency warrant such
				an analysis as determined by the agency, or whenever prepared as a joint effort
				with a federal agency requiring a programmatic review.
(3) The agency shall determine whether the
				programmatic review takes the form of an EA or an EIS in accordance with the
				provisions of ARM
				12.2.430 and
				12.2.431, unless otherwise
				provided by statute.
(4) A
				programmatic review must include, as a minimum, a concise, analytical
				discussion of alternatives and the cumulative environmental effects of these
				alternatives on the human environment. In addition programmatic reviews must
				contain the information specified in ARM
				12.2.436 for EISs or ARM
				12.2.432 for EAs, as
				applicable.
(5) The agency shall
				adhere to the time limits specified for distribution and public comment on EISs
				or EAs, whichever is applicable.
(6) While work on a programmatic review is in
				progress, the agency may not take major state actions covered by the program in
				that interim period unless such action:
(a)
				is part of an ongoing program;
(b)
				is justified independently of the program; or
(c) will not prejudice the ultimate decision
				on the program. Interim action prejudices the ultimate decision on the program
				if it tends to determine subsequent development or foreclose reasonable
				alternatives.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.4 - Rules Implementing the Montana Environmental Policy Act › Rule 12.2.445 - RECORD OF DECISION FOR ACTIONS REQUIRING ENVIRONMENTAL IMPACT STATEMENTS

Current through Register Vol. 13, July 5, 2024
(1) At the time of its decision concerning a
				proposed action for which an EIS was prepared, the agency shall prepare a
				concise public record of decision. The record, which may be integrated into any
				other documentation of the decision that is prepared by the agency, is a public
				notice of what the decision is, the reasons for the decision, and any special
				conditions surrounding the decision or its implementation.
(2) The agency may include in the final EIS,
				in addition to a statement of its proposed decision, preferred alternative, or
				recommendation on the proposed action, the other items required by (1), and
				additional explanation as provided for in (3) below. If the final decision and
				the reasons for that final decision are the same as set forth in the final EIS,
				the agency may comply with (1) by preparing a public notice of what the
				decision is and adopting by reference the information contained in the final
				EIS that addresses the items required by (1). If the final decision or any of
				the items required by (1) are different from what was presented in the final
				EIS, the agency is responsible for preparing a separate record of
				decision.
(3) There is no
				prescribed format for a record of decision, except that it must include the
				items listed in (1). The record may include the following items as appropriate:
(a) brief description of the context of the
				decision;
(b) the alternatives
				considered;
(c) advantages and
				disadvantages of the alternatives;
(d) the alternative or alternatives
				considered environmentally preferable:
(e) short and long-term effects of the
				decision;
(f) policy considerations
				that were balanced and considered in making the decision;
(g) whether all practical means to avoid or
				minimize environmental harm were adopted, and if not, why not; and
(h) a summary of implementation plans,
				including monitoring and enforcement procedures for mitigation, if
				any.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.4 - Rules Implementing the Montana Environmental Policy Act › Rule 12.2.446 - EMERGENCIES

Current through Register Vol. 13, July 5, 2024
(1) The agency may take or permit action
				having a significant impact on the quality of the human environment in an
				emergency situation without preparing an EIS. Within 30 days following
				initiation of the action, the agency shall notify the governor and the EQC as
				to the need for the action and the impacts and results of it. Emergency actions
				must be limited to those actions immediately necessary to control the impacts
				of the emergency.
Sec.
					 2-3-103,
					 2-4-201, MCA; IMP, Sec.
					 2-3-104,
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.4 - Rules Implementing the Montana Environmental Policy Act › Rule 12.2.447 - CONFIDENTIALITY

Current through Register Vol. 13, July 5, 2024
(1) Information declared confidential by
				state law or by an order of a court must be excluded from an EA and EIS. The
				agency shall briefly state the general topic of the confidential information
				excluded.
Sec.
					 2-3-103,
					 2-4-201, MCA; IMP, Sec.
					 2-3-104,
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.4 - Rules Implementing the Montana Environmental Policy Act › Rule 12.2.448 - RESOLUTION OF STATUTORY CONFLICTS

Current through Register Vol. 13, July 5, 2024
(1)
				Whenever a conflicting provision of another state law prevents the agency from
				fully complying with these rules the agency shall notify the governor and the
				EQC of the nature of the conflict and shall suggest a proposed course of action
				that will enable the agency to comply to the fullest extent possible with the
				provisions of MEPA. This notification must be made as soon as practical after
				the agency recognizes that a conflict exists, and no later than 30 days
				following such recognition.
(2) The
				agency has a continuing responsibility to review its programs and activities to
				evaluate known or anticipated conflicts between these rules and other statutory
				or regulatory requirements. It shall make such adjustments or recommendations
				as may be required to ensure maximum compliance with MEPA and these
				rules.
Sec.
					 2-3-103,
					 2-4-201, MCA; IMP, Sec.
					 2-3-104,
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.4 - Rules Implementing the Montana Environmental Policy Act › Rule 12.2.449 - CONTRACTS AND DISCLOSURE

Current through Register Vol. 13, July 5, 2024
(1) The agency may
				contract for preparation of an EIS or portions thereof. Whenever an EIS or
				portion thereof is prepared by a contractor, the agency shall furnish guidance
				and participate in the preparation, independently evaluate the statement or
				portion thereof prior to its approval, and take responsibility for its scope
				and content.
(2) A person
				contracting with the agency in the preparation of an EIS must execute a
				disclosure statement, in affidavit form prepared by the agency, specifying that
				he has no financial or other interest in the outcome of the proposed action
				other than a contract with the agency.
Sec.
					 2-3-103,
					 2-4-201, MCA; IMP, Sec.
					 2-3-104,
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.4 - Rules Implementing the Montana Environmental Policy Act › Rule 12.2.450 - PUBLIC HEARINGS

Current through Register Vol. 13, July 5, 2024
(1) Whenever a
				public hearing is held on an EIS or an EA, the agency shall issue a news
				release legal notice to newspapers of general circulation in the area to be
				affected by the proposed action prior to the hearing. The news release or legal
				notice must advise the public of the nature of testimony the agency wishes to
				receive at the hearing. The hearing must be held after the draft EIS has been
				circulated and prior to preparation of the final EIS. A hearing involving an
				action for which an EA was prepared must be held after the EA has been
				circulated and prior to any final agency determinations concerning the proposed
				action. In cases involving an applicant, the agency shall allow an applicant a
				reasonable time to respond in writing to comments made at a public hearing,
				notwithstanding the time limits contained in ARM
				12.2.439. The applicant may waive
				his right to respond to comments made at a hearing.
(2) In addition to the procedure in (1)
				above, the agency shall take such other steps as are reasonable and appropriate
				to promote the awareness by interested parties of a scheduled
				hearing.
(3) The agency shall hold
				a public hearing whenever requested within 20 days of issuance of the draft EIS
				by either:
(a) 10% or 25, whichever is less,
				of the persons who will be directly affected by the proposed action;
(b) by another agency which has jurisdiction
				over the action:
(c) an association
				having not less than 25 members who will be directly affected by the proposed
				action; or
(d) the applicant, if
				any.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.4 - Rules Implementing the Montana Environmental Policy Act › Rule 12.2.451 - FEES: DETERMINATION OF AUTHORITY TO IMPOSE

Current through Register Vol. 13, July 5, 2024
(1) Whenever an application for a lease,
				permit, contract, license or certificate is expected to result in the agency
				incurring expenses in excess of $2,500 to compile an EIS, the applicant is
				required to pay a fee in an amount the agency reasonably estimates, as set
				forth in this rule, will be expended to gather information and data necessary
				to compile an EIS.
(2) The agency
				shall determine within 30 days after a completed application is filed whether
				it will be necessary to compile an EIS and assess a fee as prescribed by this
				rule. If it is determined that an EIS is necessary, the agency shall make a
				preliminary estimate of its costs. This estimate must include a summary of the
				data and information needs and the itemized costs of acquiring the data and
				information, including salaries, equipment costs and any other expense
				associated with the collection of data and information for the EIS.
(3) Whenever the preliminary estimated costs
				of acquiring the data and information to prepare an EIS total more than $2,500,
				the agency shall notify the applicant that a fee must be paid and submit an
				itemized preliminary estimate of the cost of acquiring the data and information
				necessary to compile an EIS. The agency shall also notify the applicant to
				prepare and submit a notarized and detailed estimate of the cost of the project
				being reviewed in the EIS within 15 days. In addition, the agency shall request
				the applicant to describe the data and information available or being prepared
				by the applicant which can possibly be used in the EIS. The applicant may
				indicate which of the agency's estimated costs of acquiring data and
				information for the EIS would be duplicative or excessive. The applicant must
				be granted, upon request, an extension of the 15-day period for submission of
				an estimate of the project's cost and a critique of the agency's preliminary
				EIS data and information accumulation cost assessment.
Sec.
					 75-1-202, MCA; IMP, Sec.
					 75-1-202,
					 75-1-203,
					 75-1-205,
					 75-1-206 and
					 75-1-207,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.4 - Rules Implementing the Montana Environmental Policy Act › Rule 12.2.452 - FEES: DETERMINATION OF AMOUNT

Current through Register Vol. 13, July 5, 2024
(1)
				After receipt of the applicant's estimated cost of the project and analysis of
				an agency's preliminary estimate of the cost of acquiring information and data
				for the EIS, the agency shall notify the applicant within 15 days of the final
				amount of the fee to be assessed. The fee assessed must be based on the
				projected cost of acquiring all of the information and data needed for the EIS.
				If the applicant has gathered or is in the process of gathering information and
				data that can be used in the EIS, the agency shall only use that portion of the
				fee that is needed to verify the information and data. Any unused portion of
				the fee assessed may be returned to the applicant within a reasonable time
				after the information and data have been collected or the information and data
				submitted by the applicant have been verified, but in no event later than the
				deadline specified in these rules. The agency may extend the 15-day period
				provided for review of the applicant's submittal but not to exceed 45 days if
				it believes that the project cost estimate submitted is inaccurate or
				additional information must be obtained to verify the accuracy of the project
				cost estimate. The fee assessed must not exceed the limitations provided in
				75-1-203(2),
				MCA.
(2) If an applicant believes
				that the fee assessed is excessive or does not conform to the requirements of
				this rule or Title 75, chapter 1, part 2, MCA, the applicant may request a
				hearing pursuant to the contested case provisions of the Montana Administrative
				Procedure Act. If a hearing is held on the fee assessed as authorized by this
				subsection, the agency shall proceed with its analysis of the project wherever
				possible. The fact that a hearing has been requested is not grounds for
				delaying consideration of an application except to the extent that the portion
				of the fee in question affects the ability of the department to collect the
				data and information necessary for the EIS.
Sec.
					 75-1-202 MCA; IMP, Sec.
					 75-1-202,
					 75-1-203,
					 75-1-205,
					 75-1-206 and
					 75-1-207
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.4 - Rules Implementing the Montana Environmental Policy Act › Rule 12.2.453 - USE OF FEE

Current through Register Vol. 13, July 5, 2024
(1) The fee
				assessed hereunder may only be used to gather data and information necessary to
				compile an HIS. No fee may be assessed if an agency intends only to compile an
				EA or a programmatic review. If a department collects a fee and later
				determines that additional data and information must be collected or that data
				and information supplied by the applicant and relied upon by the agency are
				inaccurate or invalid, an additional fee may be assessed under the procedures
				outlined in these rules if the maximum fee has not been collected.
(2) Whenever the agency has completed work on
				the EIS, it shall submit to the applicant a complete accounting of how any fee
				was expended. If the money expended is less than the fee collected, the
				remainder of the fee shall be refunded to the applicant without interest within
				45 days after work has been completed on the final EIS.
Sec.
					 75-1-202 MCA; IMP, Sec.
					 75-1-202,
					 75-1-203,
					 75-1-205,
					 75-1-206 and
					 75-1-207
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.4 - Rules Implementing the Montana Environmental Policy Act › Rule 12.2.454 - ACTIONS THAT QUALIFY FOR A CATEGORICAL EXCLUSION

Current through Register Vol. 13, July 5, 2024
(1) The following types of actions do not
				individually, collectively, or cumulatively require the preparation of an
				environmental assessment or an environmental impact statement unless the action
				involves one or more of the extraordinary circumstances stated in (2) below:
(a) construction of riparian fences to
				protect streambanks;
(b) minor
				improvements in fish habitat by placement of habitat improvement
				structures;
(c) removal or
				modification of man-made obstructions in stream channels to provide or improve
				fish passage or to prevent loss of fish into diversions;
(d) clean up of trash or debris in the river
				corridor;
(e) vegetative bank
				stabilization projects;
(f)
				spawning channel development to provide additional habitat for
				reproduction;
(g) inventory, survey
				or engineering activities for design or development of plans for river
				restoration and future fisheries improvement program projects;
(h) maintenance or repair of existing river
				restoration and future fisheries improvement program projects;
(i) improvement in fish habitat in lakes or
				reservoirs that do not pose a hazard to navigation.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.5 - Nongame Wildlife › Rule 12.2.501 - NONGAME WILDLIFE IN NEED OF MANAGEMENT

Current through Register Vol. 13, July 5, 2024
(1) The
				following nongame wildlife species are determined by the department to be
				nongame wildlife in need of management within the meaning of the Nongame and
				Endangered Species Conservation Act,
				87-5-101, MCA, et seq.:
(a) crayfish - Pacifasticus spp.; Orconectes
				spp.;
(b) freshwater mussels - all
				species of Pelecypoda;
(c) yellow
				perch - Perca flavescens;
(d)
				crappie - Pomoxis;
(e) black-tailed
				prairie dogs - Cynomys ludovicianus;
(i)
				under 87-5-102, MCA, department
				management of black-tailed prairie dogs applies to public lands only;
(f) white-tailed prairie dogs -
				Cynomys leucurus;
(i) under
				87-5-102, MCA, department
				management of white-tailed prairie dogs applies to public lands only;
				and
(g) gray wolf -
				Canis lupus.
(i) The amendment adding (1)(g)
				will be applied on the date the gray wolf in Montana is no longer subject to
				federal jurisdiction under the Endangered Species Act,
				16 U.S.C.
				1531, et seq., and the department and
				commission have sole jurisdiction over the management of the gray wolf in
				Montana.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.6 - Land Access › Rule 12.2.601 - PUBLIC LAND ACCESS TAX CREDIT

Current through Register Vol. 13, July 5, 2024
(1) Pursuant to
				15-30-2380 and
				87-1-294, MCA, landowners may
				apply for a contract with the department to become eligible to receive a $750
				tax credit for qualified access to public land, as defined in
				87-1-294(9)(b),
				MCA.
(2) Landowners wanting to be
				considered for a contract must submit an application by March 15 in the tax
				year for which credit will be claimed.
(3) The department will award contracts no
				later than May 15 of the tax year in which the credit is to be
				claimed.
(4) The application must
				state the following and failure to include any one portion may result in denial
				of the application:
(a) legal land
				description of parcel of public land to which access will be
				provided;
(b) legal land
				description of parcel of private land through which access will be
				provided;
(c) description of the
				road or travel route providing public access to the public land
				parcel;
(d) map depicting public
				land parcel, adjacent private land through which public access will be
				provided, access point where public access on private land begins, and travel
				route proposed for public access;
(e) description of method permitted to access
				public lands;
(f) indication as to
				whether or not the landowner is lessee of a state land parcel to which public
				access will be provided; and
(g)
				indication as to whether or not hunting on the private land through which
				access will be provided is managed through outfitting or commercial
				hunting.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.6 - Land Access › Rule 12.2.605 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Inaccessible public land" means public
				land wholly surrounded by private land by which there is no other legal access
				via public road, trail, right of way or easement; public waters; adjacent
				federal, state, county, or municipal land that is open to public use; or
				adjacent private land for which that landowner has not granted permission to
				cross.
(2) "Landowner" means an
				individual, association, organization, or business entity, that owns land in
				fee, or a tenant or contract for deed purchaser with written authority to enter
				a PALA and receive payments.
(3)
				"PALA" means public access land agreement. A PALA is an agreement between a
				private landowner and the department pursuant to
				87-1-295, MCA, whereby the public
				is allowed access across private lands to inaccessible public lands or under
				accessible public lands.
(4)
				"PL/PW" means private land/public wildlife advisory committee provided for in
				87-1-269, MCA.
(5) "Public land" means FWP lands, and state
				and school trust lands as defined in
				77-1-101, MCA, or federal land
				managed by the U.S. Department of the Interior or the U.S. Department of
				Agriculture.
(6) "Public land that
				is leased by the landowner" means "Inaccessible public land" or "under
				accessible public land" for which a landowner has an agreement with a
				government agency authorizing the landowner to use the whole or part of the
				public land for grazing or farming.
(7) "Under accessible public land" means
				public land for which there is no other legal access point within one mile via
				public road, trail, right of way or easement; public waters; adjacent federal,
				state, county, or municipal land that is open to public use. A distance of less
				than one mile may be eligible if the department determines that it improves
				public access to lands based on site specific considerations. Access via public
				waters may also be considered under accessible if there are safety concerns
				which limit access by boat (due to rapids, boulders, log jams) and/or by foot
				while remaining within the high water mark (due to swift currents, deep water
				along banks, slippery substrate).
AUTH:
					 87-1-295, MCA; IMP:
					 87-1-295,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.6 - Land Access › Rule 12.2.606 - APPLICATION FOR PUBLIC ACCESS LAND AGREEMENT

Current through Register Vol. 13, July 5, 2024
(1)
				The PALA application must include the following information:
(a) legal land description of public land to
				which access is being proposed;
(b)
				description of the proposed road, travel route, or connecting private lands
				legal land description through which access is being proposed;
(c) map depicting public land to be accessed,
				and public access route across private land;
(d) transportation mode by which public
				access is to be allowed;
(e)
				evidence, such as a copy of the lease or permit, as to whether the public land
				to be accessed is public land that is leased by the landowner; and
(f) request for reimbursement of
				improvements, if applicable, on private land to facilitate public access to the
				public land. Improvements are limited to and valued at $1,000 per agreement
				year dependent upon available program funds.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.6 - Land Access › Rule 12.2.607 - PUBLIC ACCESS LAND AGREEMENTS

Current through Register Vol. 13, July 5, 2024
(1) Before
				approving a PALA the department must exercise due diligence to verify that:
(a) the public lands are not restricted or
				closed to general recreational use by the land management agency that owns or
				has legal control of the public land;
(b) the private lands, or any right of way,
				road, or trail to be utilized are wholly owned by the applicant(s) and there is
				open access across the designated access route;
(c) the public has no existing right of
				access over the proposed route;
(d)
				access routes restricted to foot travel only:
(i) must be capable of accommodating normal
				ambulatory travel; and
(ii) must
				not exceed one linear mile from the beginning to the end of the access route;
				and
(e) access routes
				available to motorized vehicles must be safe and passable during dry conditions
				for two-wheel drive vehicles.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.6 - Land Access › Rule 12.2.608 - LANDOWNER COMPENSATION

Current through Register Vol. 13, July 5, 2024
(1) In negotiating
				for the annual payment to a landowner, the department shall consider:
(a) acres of public land accessed;
(b) the quality of fish or wildlife habitat
				that may be provided by the public land to be accessed;
(c) duration public access is
				allowed;
(d) mode of transportation
				allowed;
(e) whether closures can
				be expected; and
(f) other uses
				allowed.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.3 - LICENSING › Subchapter 12.3.1 - Special Licensing › Rule 12.3.101 - REGULATIONS FOR ISSUANCE OF FISH AND GAME LICENSES

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  12.3.209
2-15-112,
					 87-1-201, MCA; IMP,
					 87-2-106,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.3 - LICENSING › Subchapter 12.3.1 - Special Licensing › Rule 12.3.102 - DISCOUNT SALE OF HUNTING AND FISHING LICENSES PROHIBITED

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  12.3.210
87-1-201, MCA; IMP,
					 87-2-901,
					 87-2-904,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.3 - LICENSING › Subchapter 12.3.1 - Special Licensing › Rule 12.3.103 - SPECIAL PERMITS - PRIORITIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-1-304, MCA; IMP,
					 87-1-304,
					 MCA;