reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.121 - PROCEDURAL RULES (MONTANA HISTORICAL SOCIETY) › Subchapter 10.121.9 - SHPO Rules › Rule 10.121.902 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
Terms defined in
				  22-3-421,
				  MCA, have the same meaning in this subchapter and for the further purposes of
				  this subchapter:
(1) "Action" means
				any undertaking, including a project or action considered under the Montana
				Environmental - Policy Act, which has the potential to alter or affect the
				heritage values of heritage property or paleontological remains.
(2) "Adverse effect" means any change caused
				by an action which impacts heritage property or paleontological remains
				visually, audibly, physically or atmospherically to the extent that its
				heritage values are substantially diminished including a transfer of rights or
				title which results in the neglect of heritage property.
(3) "Anticipatory demolition" means the
				willful destruction of a heritage property prior to an action.
(4) "Area of effect" means the land area in
				which an action takes place and which may be changed by the action.
(5) "Heritage values" means the economic,
				educational, scientific, social, recreational, cultural or historic qualities
				possessed by buildings, districts, sites, structures or objects possessing
				sufficient significance to warrant consideration under these rules as heritage
				property or paleontological remains.
(6) "Interested parties" include applicants,
				tribes or groups directly involved in the action or landowners, tribes, groups,
				agencies, or institutions with a clear and reasonable interest in the
				consideration of heritage properties associated with an action.
(7) "Restore" means to conduct major repairs,
				reconstruction, structural or other improvements on a building, district,
				object, site, structure or feature possessing heritage values with the
				intention of preserving or reconstructing physical features representing those
				values.
(8) "SHPO" means the state
				historic preservation office of the Montana historical society as created by
				2-15-1512,
				MCA.
Sec.
					 22-3-423(9)
					 MCA; IMP, Sec.
					 22-3-421,
					 22-3-424
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.121 - PROCEDURAL RULES (MONTANA HISTORICAL SOCIETY) › Subchapter 10.121.9 - SHPO Rules › Rule 10.121.903 - INITIATION OF ANTIQUITIES CONSULTATION UNDER 22-3-424 , MCA

Current through Register Vol. 13, July 5, 2024
(1) The agency shall initiate reviews and
				studies required by
				22-3-424,
				MCA, prior to initiating any action which has the potential to adversely affect
				heritage properties. The agency shall complete its review early enough to be
				used in formulating agency decisions about the action. Completion of reviews
				and studies after the agency has irrevocably committed itself to the scope,
				format or siting of the action will not constitute adherence to these
				rules.
(2) At specified stages
				within the following rules, SHPO response to the agency is required. If the
				SHPO fails to respond in the times described in this subchapter, the agency
				shall assume that the SHPO does not object to the agency position and the
				agency may move forward with the action.
Sec.
					 22-3-423(9)
					 MCA; IMP, Sec.
					 22-3-424
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.121 - PROCEDURAL RULES (MONTANA HISTORICAL SOCIETY) › Subchapter 10.121.9 - SHPO Rules › Rule 10.121.904 - RESPONSIBILITY FOR ANTIQUITIES CONSULTATION

Current through Register Vol. 13, July 5, 2024
(1)
				The director of each agency is responsible for assuring compliance with
				22-3-424,
				MCA, when actions involving his division may affect heritage properties or
				paleontological remains.
(2) Each
				agency may designate a position to manage issues concerning heritage property
				or paleontological remains protection.
(3) Each agency shall bear its costs of
				administration related to compliance with this rule.
(4) Requests for SHPO consultation shall be
				made in writing.
(5) Agencies
				shall, to the maximum extent possible, include interested parties in
				consultations regarding heritage properties or paleontological
				remains.
Sec.
					 22-3-423(9)
					 MCA; IMP, Sec.
					 22-3-424
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.121 - PROCEDURAL RULES (MONTANA HISTORICAL SOCIETY) › Subchapter 10.121.9 - SHPO Rules › Rule 10.121.905 - IDENTIFICATION OF HERITAGE PROPERTIES AND PALEONTOLOGICAL REMAINS

Current through Register Vol. 13, July 5, 2024
(1) The agency shall identify all known
				heritage properties and paleontological remains that are located on state lands
				within the area of effect. The agency shall use the following heritage value
				criteria in identifying heritage property, whether or not it meets the criteria
				for listing on the register. Heritage property values are the qualities of
				significance in American history, architecture, archaeology, engineering, and
				culture present in districts, sites, buildings, structures, and objects
				achieving significance prior to the last 50 years and that possess integrity of
				location, design, setting, materials, workmanship, feeling, and association and
				which:
(a) are associated with events that
				have made a significant contribution to the broad patterns of Montana's or the
				nation's history;
(b) that are
				associated with the lives of persons significant in our past;
(c) that embody the distinctive
				characteristics of a type, period or method of construction, or that represent
				the work of a master, or that possess high artistic values, or that represent a
				significant and distinguishable entity whose components may lack individual
				distinction;
(d) that have yielded,
				or may be likely to yield, information important in prehistory or history;
				or
(e) are verified by a
				professional paleontologist advising the SHPO through formal agreement to be
				paleontological remains.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.121 - PROCEDURAL RULES (MONTANA HISTORICAL SOCIETY) › Subchapter 10.121.9 - SHPO Rules › Rule 10.121.906 - EVALUATION OF HERITAGE PROPERTIES AND PALEONTOLOGICAL REMAINS

Current through Register Vol. 13, July 5, 2024
(1) In consultation with the SHPO, and
				appropriate tribes or interested parties, the agency shall assure that any
				historic, prehistoric or architectural property identified in an area of effect
				has been evaluated to determine whether it is a heritage property and whether
				it is eligible for the register or if it contains paleontological remains. That
				evaluation shall include the following:
(a)
				The agency shall seek a written evaluation by the SHPO of whether or not any
				location qualifies as a heritage property or paleontological remains and, if
				so:
(i) whether any fossilized remains in
				question are rare and critical to scientific research; or
(ii) whether any property is eligible for the
				register.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.121 - PROCEDURAL RULES (MONTANA HISTORICAL SOCIETY) › Subchapter 10.121.9 - SHPO Rules › Rule 10.121.907 - AVOIDANCE OR MITIGATION OF ACTION IMPACTS

Current through Register Vol. 13, July 5, 2024
(1)
				After an agency has followed ARM
				10.121.903 through
				10.121.906 and found that no
				heritage properties or paleontological remains exist within an action's area of
				effect, the agency may proceed with the action.
(2) If sites within the area of effect are
				found to be heritage properties but are not eligible for the register, the
				agency shall follow its own procedures or policies, if any, regarding the
				protection of heritage values prior to proceeding with the action. In forming
				those procedures or policies, the agency may consult with entities
				appropriately concerned with heritage values including recreational, economic
				development, and travel interests.
(3) If heritage properties eligible for the
				register or paleontological remains are found to exist within the action's area
				of effect, the agency shall determine, in writing, whether the action will have
				an adverse effect on that property and propose mitigation of the effect. If the
				agency determines that an action will have an adverse effect, it shall prepare
				a written explanation of why one or more of the actions in (3) (a) through (d)
				has been chosen and how it will be carried out. In determining mitigation the
				agency shall solicit the opinions of interested parties and may otherwise
				collect public comment on the protection of heritage property or
				paleontological remains in the area of effect as to:
(a) protecting the heritage values of the
				heritage property or paleontological remains by avoiding that
				property;
(b) abandonment of the
				proposed action;
(c) modification
				or redesign of the proposed action to avoid or lessen adverse effects or
				mitigate harm or alteration through any method including:
(i) relocating the action;
(ii) incorporating the heritage property or
				paleontological remains into the action in a useful way;
(iii) inviting private, commercial,
				non-profit, governmental or other interests to use the historic property in
				productive ways;
(iv) scientific
				excavation of archaeological or paleontological deposits;
(v) recordation of heritage properties prior
				to their removal or alteration;
(vi) production of a public education program
				about the property; or
(d) continuance of the project with no
				avoidance or mitigation measures.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.121 - PROCEDURAL RULES (MONTANA HISTORICAL SOCIETY) › Subchapter 10.121.9 - SHPO Rules › Rule 10.121.908 - EMERGENCY DISCOVERY OF HERITAGE PROPERTIES OR PALEONTOLOGICAL REMAINS

Current through Register Vol. 13, July 5, 2024
(1) If historic or prehistoric properties or
				paleontological remains are identified during the course of the action the
				agency shall, in accordance with
				22-3-435,
				MCA, notify the SHPO immediately, provide information on the property and stop
				any work that could harm the property. The SHPO shall assess the property's
				value as a heritage property or paleontological remains within two days. The
				time for evaluation may be extended upon request by SHPO and concurrence by the
				agency. The agency shall subsequently consider any adverse effects on heritage
				properties according to ARM
				10.121.907(1) through
				(3) and report its mitigation plan to the
				SHPO immediately upon completion of that plan.
Sec.
					 22-3-107(2),
					 22-3-423(9)
					 MCA; IMP, Sec.
					 22-3-424,
					 22-3-435
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.121 - PROCEDURAL RULES (MONTANA HISTORICAL SOCIETY) › Subchapter 10.121.9 - SHPO Rules › Rule 10.121.909 - FEDERAL HISTORIC PRESERVATION REVIEW CONSTITUTES COMPLIANCE

Current through Register Vol. 13, July 5, 2024
(1) The review of actions under
				16 USC 470
				(f) (1996) shall constitute compliance with those sections of
				22-3-424
				and
				22-3-430,
				MCA, which deal with heritage properties eligible for the register. Section
				16 USC 470
				(f) (1996) is hereby incorporated by reference. Copies may be obtained free of
				charge from the State Historic Preservation Office, 1410 Eighth Avenue, Helena,
				Montana 59620; telephone (406) 444-7715.
Sec.
					 22-3-107(2)
					 MCA; IMP, Sec.
					 22-3-424,
					 22-3-430
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.121 - PROCEDURAL RULES (MONTANA HISTORICAL SOCIETY) › Subchapter 10.121.9 - SHPO Rules › Rule 10.121.910 - ADVICE TO SHPO ON PALEONTOLOGICAL REMAINS

Current through Register Vol. 13, July 5, 2024
(1)
				The SHPO may request an advisor or group of advisors to assist the SHPO in
				protecting paleontological remains in accordance with state statute and these
				rules. Such advisor or advisory group may participate in any of the activities
				assigned the SHPO in protecting paleontological remains through memorandums of
				agreement between the SHPO and paleontological institutions.
Sec.
					 22-3-107(2)
					 MCA; IMP, Sec.
					 22-3-421(7),
					 22-3-423(9),
					 22-3-424,
					 22-3-430
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.121 - PROCEDURAL RULES (MONTANA HISTORICAL SOCIETY) › Subchapter 10.121.9 - SHPO Rules › Rule 10.121.911 - MEMORANDUM OF AGREEMENT

Current through Register Vol. 13, July 5, 2024
(1) For a specific
				action or for a specific type of action, the agency may propose different
				procedures from those described in ARM
				10.121.901 through
				10.121.907 to the SHPO.
(2) The SHPO will respond to such request
				within 20 days of the receipt of a request.
(3) Procedures agreed to by both the agency
				and the SHPO for a specific action or specific types of actions may be
				incorporated into a memorandum of agreement, signed by both parties.
Sec.
					 22-3-423(9)
					 MCA; IMP, Sec.
					 22-3-424
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.121 - PROCEDURAL RULES (MONTANA HISTORICAL SOCIETY) › Subchapter 10.121.9 - SHPO Rules › Rule 10.121.912 - ANTIQUITIES PERMITS

Current through Register Vol. 13, July 5, 2024
(1) The state
				historic preservation officer shall prepare and make available the criteria for
				granting antiquities permits and the applications for antiquities permits
				provided for under
				22-3-432,
				MCA, using 36 CFR 61 as a guideline. The state historic preservation officer
				may designate a state archaeologist, a state paleontologist and/or a state
				historical architect to assist with the management of antiquities permits and
				the protection of heritage values.
(2) Applications for antiquities permits will
				be submitted by applicants to the state agency responsible for the management
				of lands owned by the state. Upon review, the state agency will forward the
				application for an antiquities permit with the agency's comments and
				recommendations to the SHPO.
(3)
				Antiquities permits shall be granted or denied to the applicant by the SHPO
				within 15 days of receipt of an application containing all needed information
				by the SHPO. A copy of the granted or denied antiquity permit will be forwarded
				by the SHPO to the state agency.
(4) No antiquities permit will be required
				for the purpose of identifying and recording heritage properties and
				paleontological remains on state-owned lands when such activities will not
				result in the excavation, removal or restoration of heritage properties or
				paleontological remains.
(5)
				Antiquities permits shall specify the means by which the state will protect
				artifacts, features, objects or paleontological remains excavated or removed in
				the course of the permitted work.
Sec.
					 22-3-107(2)
					 MCA; IMP, Sec.
					 22-3-432
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.121 - PROCEDURAL RULES (MONTANA HISTORICAL SOCIETY) › Subchapter 10.121.9 - SHPO Rules › Rule 10.121.913 - DEPOSIT OF MATERIALS RELATED TO HERITAGE PROPERTY AND PALEONTOLOGICAL REMAINS

Current through Register Vol. 13, July 5, 2024
(1) The agency
				shall deposit with the SHPO all inventory reports and other pertinent
				documents, maps, photographs, and site forms generated in the course of
				complying with
				22-3-421
				through
				22-3-441,
				MCA.
Sec.
					 22-3-107(2)
					 MCA; IMP, Sec.
					 22-3-421
					 through
					 22-3-441
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.121 - PROCEDURAL RULES (MONTANA HISTORICAL SOCIETY) › Subchapter 10.121.9 - SHPO Rules › Rule 10.121.914 - CONSULTATION UNDER 22-3-429 , MCA

Current through Register Vol. 13, July 5, 2024
(1)
				Agencies, federal agencies or state entities requesting consultation with the
				SHPO under
				22-3-429,
				MCA, shall make such requests in writing to the SHPO and shall specifically
				reference the statute under which the request is made.
(2) Reviews of such actions shall follow the
				procedures in
				22-3-429
				and
				22-3-430,
				MCA.
Sec.
					 22-3-107(2)
					 MCA; IMP, Sec.
					 22-3-429,
					 22-3-430
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.121 - PROCEDURAL RULES (MONTANA HISTORICAL SOCIETY) › Subchapter 10.121.9 - SHPO Rules › Rule 10.121.915 - RIGHT TO PRIVACY IN INFORMATION OR DOCUMENTS PROVIDED TO A STATE AGENCY

Current through Register Vol. 13, July 5, 2024
(1) In instances in which an individual's
				right to privacy clearly exceeds the merits of public disclosure of information
				or documents submitted to an agency for decision making under this chapter, the
				agency may assert the individual's right to privacy and refuse to permit public
				disclosure.
(2) If an interested
				party has information or documents in which they claim a right to privacy, the
				interested party may request a confidentiality review from the agency. In
				requesting a confidentiality review, the interested party shall submit to the
				agency a written general description of the private information or documents
				and shall assert all bases on which the right to privacy exists. The written
				submittal shall demonstrate how the demand of individual privacy clearly
				exceeds the merits of public disclosure by showing the person involved has an
				actual expectation of privacy and that society is willing to recognize that
				expectation as reasonable.
(3)
				Within five days of receiving the written submittal, the agency will notify the
				interested party whether the agency will assert the interested party's right to
				privacy in that the privacy interests clearly exceed the merits of public
				disclosure of the information or documents.
(a) If the agency decides to assert the right
				to privacy on behalf of the interested party, and the interested party submits
				information or documents to the agency, each page or item of the submittal must
				be clearly marked or identified as confidential. The agency will treat the
				information or documents so marked or identified as confidential and assert the
				interested party's right to privacy in the information or documents in response
				to a request for public information.
(b) If the agency decides not to assert the
				right to privacy on behalf of the interested party and the interested party
				provides the information or documents to the agency, the interested party
				waives the right to privacy by providing the information to the
				agency.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.121 - PROCEDURAL RULES (MONTANA HISTORICAL SOCIETY) › Subchapter 10.121.9 - SHPO Rules › Rule 10.121.916 - SHPO STANDARDS, PROCEDURES, AND GUIDELINES

Current through Register Vol. 13, July 5, 2024
(1) SHPO standards, procedures, and
				guidelines shall be referenced in SHPO recommendations when required by statute
				or rule. The standards and guidelines used by the national park service of the
				United States department of the interior and the advisory council on historical
				preservation are, in part, the standards and guidelines to be used to identify
				and protect heritage properties eligible for listing on the register, and are
				hereby incorporated by reference. These are:
(a) the secretary of the interior's standards
				for archaeology and historic preservation located at: 36 CFR 60 (1997), 36 CFR
				61 (1997), 36 CFR 63 (1997), 36 CFR 65 (1997), 36 CFR 67 (1997), and 36 CFR 79
				(1997) ;
(b) the secretary of the
				interior's standards for the treatment of historic properties, as they existed
				on July 30, 1998;
(c) the secretary
				of the interior's standards for rehabilitation and guidelines for
				rehabilitating historic buildings, as they existed on July 30, 1998;
(d) the national park service, national
				register bulletin series (technical information on comprehensive planning,
				survey of cultural resources, and registration in the national register of
				historic places), as they existed on July 30, 1998; and
(e) Advisory council regulations, 36 CFR 800
				(1997).
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.125 - ACQUISITION OF REAL AND PERSONAL PROPERTY (TRANSFERRED TO TITLE 8) › Subchapter 10.125.1 - Acquisition Rules › Rule 10.125.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  8.112.101
22-3-1003,
					 MCA; IMP,
					 22-3-1003,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.125 - ACQUISITION OF REAL AND PERSONAL PROPERTY (TRANSFERRED TO TITLE 8) › Subchapter 10.125.1 - Acquisition Rules › Rule 10.125.102 - ACQUISITION PROCEDURE

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  8.112.102
22-3-1003,
					 MCA; IMP,
					 22-3-1003,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.125 - ACQUISITION OF REAL AND PERSONAL PROPERTY (TRANSFERRED TO TITLE 8) › Subchapter 10.125.1 - Acquisition Rules › Rule 10.125.103 - UNCONDITIONAL CONVEYANCE

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  8.112.105
22-3-1003,
					 MCA; IMP,
					 22-3-1003,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.125 - ACQUISITION OF REAL AND PERSONAL PROPERTY (TRANSFERRED TO TITLE 8) › Subchapter 10.125.1 - Acquisition Rules › Rule 10.125.104 - HISTORIC AND CULTURAL CONSIDERATIONS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  8.112.106
22-3-1003,
					 MCA; IMP,
					 22-3-1003,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.125 - ACQUISITION OF REAL AND PERSONAL PROPERTY (TRANSFERRED TO TITLE 8) › Subchapter 10.125.1 - Acquisition Rules › Rule 10.125.105 - THE PROPERTY AS SELF-SUPPORTING

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  8.112.109
22-3-1003,
					 MCA; IMP,
					 22-3-1003,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.125 - ACQUISITION OF REAL AND PERSONAL PROPERTY (TRANSFERRED TO TITLE 8) › Subchapter 10.125.1 - Acquisition Rules › Rule 10.125.106 - EDUCATIONAL RESOURCE

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  8.112.110
22-3-1003,
					 MCA; IMP,
					 22-3-1003,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.125 - ACQUISITION OF REAL AND PERSONAL PROPERTY (TRANSFERRED TO TITLE 8) › Subchapter 10.125.1 - Acquisition Rules › Rule 10.125.107 - NONHISTORIC PROPERTIES

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  8.112.113
22-3-1003,
					 MCA; IMP,
					 22-3-1003,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.1 - Department Rules › Rule 12.2.101 - OVERALL DEPARTMENT RULES

Current through Register Vol. 13, July 5, 2024
(1) The
				Department of Fish, Wildlife, and Parks has herein adopted and incorporated the
				Attorney General's model procedural rules by reference to such rules as stated
				in ARM 1.3.101 through 1.3.234.
2-4-202, MCA; IMP,
					 2-4-202,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.2 - Notices Available › Rule 12.2.201 - NOTICES AVAILABLE FROM DEPARTMENT DIRECTOR

Current through Register Vol. 13, July 5, 2024
(1) Single copies of proposed or final
				orders, of decisions in contested cases, of declaratory rulings, or of any rule
				or notice of the Department of Fish, Wildlife, and Parks or the Fish, Wildlife,
				and Parks Commission will be made available or mailed, without charge, upon
				request therefor, directed to the Director, Department of Fish, Wildlife, and
				Parks, 1420 East 6th Avenue, Helena, Montana 59601. Multiple copies will be
				made available after such request and upon payment of reasonable cost of
				duplication and mailing as determined by the director.
2-4-103, MCA; IMP,
					 2-4-103,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.2 - Notices Available › Rule 12.2.202 - POLICY OF THE DEPARTMENT FOR SALE OR DISTRIBUTION OF HUNTING, FISHING, AND TRAPPING LICENSE AND OTHER DEPARTMENT LISTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-1-201, MCA; IMP,
					 87-1-301, Title 2, Chap. 4,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.3 - Guidelines for Citizen Participation › Rule 12.2.301 - POLICIES AND OBJECTIVES

Current through Register Vol. 13, July 5, 2024
(1) Participation
				of the public is to be provided for, encouraged, and assisted to the fullest
				extent practicable, consistent with other requirements of state law and the
				rights and requirements of personal privacy. The major objectives of such
				participation include greater responsiveness of governmental actions to public
				concerns and priorities, and improved public understanding of official programs
				and actions. Although the primary responsibility for wildlife management,
				outdoor recreation, and other functions of the Department of Fish, Wildlife,
				and Parks is vested in the department, active public involvement in and
				scrutiny of the decision making process is desirable to accomplish these
				objectives. The intent of these regulations is to foster a spirit of openness
				and a sense of mutual trust and understanding between the public and the
				department in efforts to maintain and enhance Montana wildlife resources and
				outdoor recreation opportunities.
2-3-103, MCA; IMP,
					 2-3-103,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.3 - Guidelines for Citizen Participation › Rule 12.2.303 - APPOINTMENTS WITH FISH, WILDLIFE, AND PARKS COMMISSION

Current through Register Vol. 13, July 5, 2024
(1) Any individual or group of individuals
				may make appointments to meet with the Fish, Wildlife, and Parks Commission
				regarding any matter of concern to those individuals and under the
				responsibility of the Fish, Wildlife, and Parks Commission or Department. Such
				appointments may be made by contacting the director's office in Helena (406)
				444-3186.
2-3-103, MCA; IMP,
					 2-3-103,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.3 - Guidelines for Citizen Participation › Rule 12.2.304 - AWARDING CONTRACTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-3-103, MCA; IMP,
					 2-3-103,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.3 - Guidelines for Citizen Participation › Rule 12.2.305 - LIST OF DEPARTMENT DECISION MAKING

Current through Register Vol. 13, July 5, 2024
(1)
				The following is a nonexhaustive list of department decisions thought to be of
				significant interest to the public:
(a)
				adoption of wildlife management regulations including the setting of seasons
				and fish planting policies and priorities;
(b) adoption of regulations governing public
				use of department-controlled lands and facilities;
(c) acquisition of land;
(d) distribution and administration of
				federal land and water conservation fund monies;
(e) adoption of policies regarding the sale
				of licenses, including the allocation of license dealerships;
(f) adoption of commission policies and
				priorities regarding wildlife habitat and threats to it;
(g) development of department programs having
				a significant impact on the environment;
(h) development of a comprehensive fish,
				wildlife and outdoor recreation plan.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.3 - Guidelines for Citizen Participation › Rule 12.2.306 - LIAISON

Current through Register Vol. 13, July 5, 2024
(1) In addition to all other requirements,
				the department and commission shall continue to maintain liaison with citizen
				organizations active in areas concerning department responsibilities. This
				liaison will be on both formal and informal bases through participation in
				their meetings and through membership of department personnel in these
				organizations. Such organizations include but are not limited to: Montana
				Wildlife Federation, Montana Wilderness Association, Audubon Society, Ducks
				Unlimited, Trout Unlimited, Sierra Club, Environmental Information Center,
				Northern Rockies Action Group, various state and local outfitter and guide
				organizations, local unaffiliated rod and gun clubs, or any other citizen
				organization expressing an interest in wildlife and outdoor recreation of the
				state of Montana.
2-3-103, MCA; IMP,
					 2-3-103,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.2 - OVERALL DEPARTMENT RULES › Subchapter 12.2.3 - Guidelines for Citizen Participation › Rule 12.2.307 - GENERAL

Current through Register Vol. 13, July 5, 2024
(1) Citizens desiring information about
				anything mentioned in these rules or about anything concerning department and
				public participation should contact the department office in Helena or the
				appropriate regional supervisor. Names and addresses are listed in ARM
				12.1.101(8).
2-3-103, MCA; IMP,
					 2-3-103,
					 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 12.2.401 - POLICY STATEMENT CONCERNING MEPA RULES (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-4-201,
					 2-15-112,
					 87-1-201,
					 87-1-301, MCA; IMP,
					 75-1-201,
					 87-1-201,
					 87-1-401,
					 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 12.2.402 - DEFINITION OF MEPA TERMS (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-4-201,
					 2-15-112,
					 87-1-201,
					 87-1-301, MCA; IMP,
					 75-1-201,
					 87-1-201,
					 87-1-401,
					 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 12.2.403 - DETERMINATION OF NECESSITY FOR ENVIRONMENTAL IMPACT STATEMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-4-201,
					 2-15-112,
					 87-1-201,
					 87-1-301, MCA; IMP,
					 75-1-201,
					 87-1-201,
					 87-1-401,
					 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 12.2.404 - PREPARATION OF PRELIMINARY ENVIRONMENTAL REVIEW (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-4-201,
					 2-15-112,
					 87-1-201,
					 87-1-301, MCA; IMP,
					 75-1-201,
					 87-1-201,
					 87-1-401,
					 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 12.2.405 - PREPARATION AND CONTENTS OF DRAFT ENVIRONMENTAL STATEMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-4-201,
					 2-15-112,
					 87-1-201,
					 87-1-301, MCA; IMP,
					 75-1-201,
					 87-1-201,
					 87-1-401,
					 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 12.2.406 - ADOPTION OF DRAFT ENVIRONMENTAL IMPACT STATEMENT AS FINAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-4-201,
					 2-15-112,
					 87-1-201,
					 87-1-301, MCA; IMP,
					 75-1-201,
					 87-1-201,
					 87-1-401,
					 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 12.2.407 - PREPARATION AND CONTENTS OF FINAL ENVIRONMENTAL IMPACT STATEMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 2-4-201,
					 2-15-112,
					 87-1-201,
					 87-1-301 MCA; IMP, Secs.
					 75-1-201,
					 87-1-201,
					 87-1-401
					 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 12.2.408 - TIME LIMITS AND DISTRIBUTION OF ENVIRONMENTAL IMPACT STATEMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 2-4-201,
					 2-15-112,
					 87-1-201,
					 87-1-301 MCA; IMP, Secs.
					 75-1-201,
					 87-1-201,
					 87-1-401
					 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 12.2.409 - SUPPLEMENTS TO ENVIRONMENTAL IMPACT STATEMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 2-4-201,
					 2-15-112,
					 87-1-201,
					 87-1-301 MCA; IMP, Secs.
					 75-1-201,
					 87-1-201,
					 87-1-401
					 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 12.2.410 - INCORPORATION BY REFERENCE AND ADOPTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 2-4-201,
					 2-15-112,
					 87-1-201,
					 87-1-301 MCA; IMP, Secs.
					 75-1-201,
					 87-1-201,
					 87-1-401
					 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 12.2.411 - LENGTH, FORMAT, AND SUMMARY OF ENVIRONMENTAL IMPACT STATEMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 2-4-201,
					 2-15-112,
					 87-1-201,
					 87-1-301 MCA; IMP, Secs.
					 75-1-201,
					 87-1-201,
					 87-1-401
					 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 12.2.412 - INTERAGENCY COOPERATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 2-4-201,
					 2-15-112,
					 87-1-201,
					 87-1-301 MCA; IMP, Secs.
					 75-1-201,
					 87-1-201,
					 87-1-401
					 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 12.2.413 - JOINT ENVIRONMENTAL IMPACT STATEMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 2-4-201,
					 2-15-112,
					 87-1-201,
					 87-1-301 MCA; IMP, Secs.
					 75-1-201,
					 87-1-201,
					 87-1-401
					 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 12.2.414 - PREPARATION, CONTENT, AND DISTRIBUTION OF A PROGRAMMATIC REVIEW (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 2-4-201,
					 2-15-112,
					 87-1-201,
					 87-1-301 MCA; IMP, Secs.
					 75-1-201,
					 87-1-201,
					 87-1-401
					 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 12.2.415 - EMERGENCIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 2-4-201,
					 2-15-112,
					 87-1-201,
					 87-1-301 MCA; IMP, Secs.
					 75-1-201,
					 87-1-201,
					 87-1-401
					 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 12.2.416 - CONFIDENTIALITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 2-4-201,
					 2-15-112,
					 87-1-201,
					 87-1-301 MCA; IMP, Secs.
					 75-1-201,
					 87-1-201,
					 87-1-401
					 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 12.2.417 - RESOLUTION OF STATUTORY CONFLICTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 2-4-201,
					 2-15-112,
					 87-1-201,
					 87-1-301 MCA; IMP, Secs.
					 75-1-201,
					 87-1-201,
					 87-1-401
					 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 12.2.418 - DISCLOSURE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 2-4-201,
					 2-15-112,
					 87-1-201,
					 87-1-301 MCA; IMP, Secs.
					 75-1-201,
					 87-1-201,
					 87-1-401
					 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 12.2.419 - PUBLIC HEARINGS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 2-4-201,
					 2-15-112,
					 87-1-201,
					 87-1-301 MCA; IMP, Secs.
					 75-1-201,
					 87-1-201,
					 87-1-401
					 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 12.2.420 - RETROACTIVE APPLICATION OF THE MEPA RULES AMENDMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 2-4-201,
					 2-15-112,
					 87-1-201,
					 87-1-301, MCA; IMP, Secs.
					 75-1-201,
					 87-1-201,
					 87-1-401
					 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 12.2.421 - WHEN FEES ASSESSED (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 75-1-202 MCA; IMP, Sec.
					 75-1-202,
					 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 12.2.422 - PRELIMINARY COST ESTIMATE OF EIS-ESTIMATE OF PROJECT COST (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 75-1-202 MCA; IMP, Sec.
					 75-1-202,
					 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 12.2.423 - FINAL FEE DETERMINATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 75-1-202 MCA; IMP, Sec.
					 75-1-202,
					 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 12.2.424 - FEE MAXIMUMS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 75-1-203 MCA; IMP, Sec.
					 75-1-203,
					 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 12.2.425 - APPEAL TO COMMISSION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 75-1-202 MCA; IMP, Sec.
					 75-1-202,
					 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 12.2.426 - USE OF FEE - ADDITIONAL FEE - ACCOUNTING AND REFUND (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 75-1-202 MCA; IMP, Sec.
					 75-1-202,
					 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 12.2.427 - DEPARTMENT ASSISTANCE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 75-1-202 MCA; IMP, Sec.
					 75-1-202,
					 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 12.2.428 - POLICY STATEMENT CONCERNING MEPA RULES

Current through Register Vol. 13, July 5, 2024
The purpose of these rules is to implement Title 75, chapter
				  1, MCA, the Montana Environmental Policy Act (MEPA), through the establishment
				  of administrative procedures. MEPA requires that state agencies comply with its
				  terms "to the fullest extent possible." In order to fulfill the stated policy
				  of that act, the agency shall conform to the following rules prior to reaching
				  a final decision on proposed actions covered by MEPA.
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 12.2.429 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Action" means a project, program or
				activity directly undertaken by the agency; a project or activity supported
				through a contract, grant, subsidy, loan or other form of funding assistance
				from the agency, either singly or in combination with one or more other state
				agencies; or a project or activity involving the issuance of a lease, permit,
				license, certificate, or other entitlement for use or permission to act by the
				agency, either singly or in combination with other state agencies.
(2)
(a)
				"Alternative" means:
(i) an alternate
				approach or course of action that would appreciably accomplish the same
				objectives or results as the proposed action;
(ii) design parameters, mitigation, or
				controls other than those incorporated into a proposed action by an applicant
				or by an agency prior to preparation of an EA or draft EIS;
(iii) no action or denial; and
(iv) for agency-initiated actions, a
				different program or series of activities that would accomplish other
				objectives or a different use of resources than the proposed program or series
				of activities.
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 12.2.430 - GENERAL REQUIREMENTS OF THE ENVIRONMENTAL REVIEW PROCESS

Current through Register Vol. 13, July 5, 2024
Section
				  75-1-201, MCA, requires state
				  agencies to integrate use of the natural and social sciences and the
				  environmental design arts in planning and in decision-making, and to prepare a
				  detailed statement (an EIS) on each proposal for projects, programs,
				  legislation, and other major actions of state government significantly
				  affecting the quality of the human environment. In order to determine the level
				  of environmental review for each proposed action that is necessary to comply
				  with 75-1-201, MCA, the agency shall
				  apply the following criteria:
(1) The
				agency shall prepare an EIS as follows:
(a)
				whenever an EA indicates that an EIS is necessary; or
(b) whenever, based on the criteria in ARM
				12.2.431, the proposed action is a
				major action of state government significantly affecting the quality of the
				human environment.
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 12.2.431 - DETERMINING THE SIGNIFICANCE OF IMPACTS

Current through Register Vol. 13, July 5, 2024
(1) In
				order to implement
				75-1-201, MCA, the agency shall
				determine the significance of impacts associated with a proposed action. This
				determination is the basis of the agency's decision concerning the need to
				prepare an EIS and also refers to the agency's evaluation of individual and
				cumulative impacts in either EAs or EISs. The agency shall consider the
				following criteria in determining the significance of each impact on the
				quality of the human environment:
(a) the
				severity, duration, geographic extent, and frequency of occurrence of the
				impact;
(b) the probability that
				the impact will occur if the proposed action occurs; or conversely, reasonable
				assurance in keeping with the potential severity of an impact that the impact
				will not occur:
(c) growth-inducing
				or growth-inhibiting aspects of the impact, including the relationship or
				contribution of the impact to cumulative impacts;
(d) the quantity and quality of each
				environmental resource or value that would be affected, including the
				uniqueness and fragility of those resources or values:
(e) the importance to the state and to
				society of each environmental resource or value that would be
				affected;
(f) any precedent that
				would be set as a result of an impact of the proposed action that would commit
				the department to future actions with significant impacts or a decision in
				principle about such future actions; and
(g) potential conflict with local, state, or
				federal laws, requirements, or formal plans.