reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.503 - DETERMINATION OF NECESSITY FOR ENVIRONMENTAL IMPACT STATEMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-4-201 and
					 2-15-112, MCA; IMP, Sec.
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.504 - PREPARATION OF PRELIMINARY ENVIRONMENTAL REVIEW (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-4-201 and
					 2-15-112, MCA; IMP, Sec.
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.505 - PREPARATION AND CONTENTS OF DRAFT ENVIRONMENTAL STATEMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-4-201 and
					 2-15-112, MCA; IMP, Sec.
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.506 - ADOPTION OF DRAFT ENVIRONMENTAL IMPACT STATEMENT AS FINAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-4-201 and
					 2-15-112, MCA; IMP, Sec.
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.507 - PREPARATION AND CONTENTS OF FINAL ENVIRONMENTAL IMPACT STATEMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-4-201 and
					 2-15-112, MCA; IMP, Sec.
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.508 - TIME LIMITS AND DISTRIBUTION OF ENVIRONMENTAL IMPACT STATEMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-4-201 and
					 2-15-112, MCA; IMP, Sec.
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.509 - SUPPLEMENTS TO ENVIRONMENTAL IMPACT STATEMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-4-201 and
					 2-15-112, MCA; IMP, Sec.
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.510 - INCORPORATION BY REFERENCE AND ADOPTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-4-201 and
					 2-15-112, MCA; IMP, Sec.
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.511 - LENGTH, FORMAT AND SUMMARY OF ENVIRONMENTAL IMPACT STATEMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-4-201 and
					 2-15-112, MCA; IMP, Sec.
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.512 - INTERAGENCY COOPERATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-4-201 and
					 2-15-112, MCA; IMP, Sec.
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.513 - JOINT ENVIRONMENTAL IMPACT STATEMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-4-201 and
					 2-15-112, MCA; IMP, Sec.
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.514 - PREPARATION, CONTENT, AND DISTRIBUTION OF A PROGRAMMATIC REVIEW (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-4-201 and
					 2-15-112, MCA; IMP, Sec.
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.515 - EMERGENCIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-4-201 and
					 2-15-112, MCA; IMP, Sec.
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.516 - CONFIDENTIALITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-4-201 and
					 2-15-112, MCA; IMP, Sec.
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.517 - RESOLUTION OF STATUTORY CONFLICTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-4-201 and
					 2-15-112, MCA; IMP, Sec.
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.518 - DISCLOSURE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-4-201 and
					 2-15-112, MCA; IMP, Sec.
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.519 - PUBLIC HEARINGS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-4-201 and
					 2-15-112, MCA; IMP, Sec.
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.520 - RETROACTIVE APPLICATION OF THE MEPA RULES AMENDMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-4-201 and
					 2-15-112, MCA; IMP, Sec.
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.521 - 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 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.522 - 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 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.523 - GENERAL REQUIREMENTS OF THE ENVIRONMENTAL REVIEW PROCESS

Current through Register Vol. 13, July 5, 2024
Section
				  75-1-201 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
				36.2.524, the proposed action is a
				major action of state government significantly affecting the quality of the
				human environment.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.524 - 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.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.525 - 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
				36.2.527.
(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 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.526 - 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 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.527 - 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 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.528 - 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 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.529 - 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
				36.2.525, 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 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.530 - 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 EIS 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 EIS.
(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 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.531 - PREPARATION AND CONTENTS OF FINAL ENVIRONMENTAL IMPACT STATEMENT

Current through Register Vol. 13, July 5, 2024
Except as provided in ARM
				  36.2.530, 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 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.532 - 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
				36.2.530(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 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.533 - 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 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.534 - 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 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.535 - 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 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.536 - 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 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.537 - 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
				36.2.523 and
				36.2.524, 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
				36.2.529 for EISs or ARM
				36.2.525 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 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.538 - 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 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.539 - 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 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.540 - 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 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.541 - 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 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.542 - 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 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.5 - Administrative Procedures for MONTANA Environmental Policy Act (MEPA) › Rule 36.2.543 - 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
				36.2.532. 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 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.6 - Fees for Environmental Impact Statements › Rule 36.2.601 - WHEN FEES NOT ASSESSED (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 75-1-202,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.6 - Fees for Environmental Impact Statements › Rule 36.2.602 - 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 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.6 - Fees for Environmental Impact Statements › Rule 36.2.603 - FINAL FEE DETERMINATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 75-1-202,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.6 - Fees for Environmental Impact Statements › Rule 36.2.604 - FEE MAXIMUMS (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 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.6 - Fees for Environmental Impact Statements › Rule 36.2.605 - APPEAL TO BOARD

Current through Register Vol. 13, July 5, 2024
(1) If an applicant
				for a lease, permit, contract, license, easement, or certificate believes that
				the fee assessed is excessive or does not conform to the requirements of this
				subchapter or section
				75-1-203, MCA, the applicant may
				request a hearing before the board pursuant to the contested case provisions of
				the Montana Administrative Procedure Act.
(2) If a hearing is held on the fee assessed
				as authorized by this rule, the department shall proceed with its analysis of
				the project wherever possible. The fact that a hearing has been requested shall
				not be 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,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.6 - Fees for Environmental Impact Statements › Rule 36.2.606 - 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 and
					 75-1-205,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.6 - Fees for Environmental Impact Statements › Rule 36.2.607 - DEPARTMENT ASSISTANCE

Current through Register Vol. 13, July 5, 2024
(1) The department
				will make every effort to assist the applicant in preparing an estimated cost
				of a project. Furthermore, the department will make appropriate personnel
				available to the applicant to discuss the department's estimated cost of
				compiling the information and data necessary for the EIS.
75-1-202, MCA; IMP,
					 75-1-202,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.6 - Fees for Environmental Impact Statements › Rule 36.2.608 - EXCEPTIONS

Current through Register Vol. 13, July 5, 2024
(1) This subchapter shall not apply to any
				applicant for a water use permit or approval under
				85-2-124, MCA.
75-1-202, MCA; IMP,
					 75-1-202 and
					 75-1-207,
					 MCA;