Administrative Rules of Montana
Department 32 - LIVESTOCK
Chapter 32.2 - OVERALL DEPARTMENT RULES
Subchapter 32.2.2 - Montana Environmental Policy Act
Rule 32.2.229 - PREPARATION AND CONTENTS OF DRAFT ENVIRONMENTAL IMPACT STATEMENTS
Universal Citation: MT Admin Rules 32.2.229
Current through Register Vol. 6, March 22, 2024
(1) If required by these rules, the agency shall prepare a draft environmental impact statement using an interdisciplinary approach and containing the following:
(a) a
description of the proposed action, including its purpose and
benefits;
(b) 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;
(c) 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;
(d) a description of
the impacts on the quality of the human environment of the proposed action
including:
(i) the factors listed in ARM
32.2.225(3) (d) and
(e), whenever appropriate;
(ii) primary, secondary, and cumulative
impacts;
(iii) potential
growth-inducing or growth-inhibiting impacts;
(iv) irreversible and irretrievable
commitments of environmental resources, including land, air, water and
energy;
(v) economic and
environmental benefits and costs of the proposed action; and
(vi) 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;
(e) an analysis of
reasonable alternatives to the proposed action, including the alternative of no
action and other reasonable alternatives that may or may not be within the
jurisdiction of the agency to implement, if any;
(f) a discussion of mitigation, stipulations,
or other controls committed to and enforceable by the agency or other
government agency;
(g) a discussion
of any compensation related to impacts stemming from the proposed
action;
(h) an explanation of the
tradeoffs among the reasonable alternatives;
(i) the agency's preferred alternative, if
any, and its reasons for the preference;
(j) a section on consultation and preparation
of the draft EIS that includes the following:
(i) the names of those individuals or groups
responsible for preparing the EIS;
(ii) a listing of other agencies, groups, or
individuals who were contacted or contributed information; and
(iii) a summary list of source materials used
in the preparation of the draft EIS;
(k) a summary of the draft EIS as required in
ARM 32.2.228; and
(l) other sections that may be required by
other statutes in a comprehensive evaluation of the proposed action, or by the
National Environmental Policy Act or other federal statutes governing a
cooperating federal agency.
Sec. 2-4-201 MCA; IMP, Sec. 2-4-201, 75-1-201 MCA;
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