17.4.618 ADOPTION OF DRAFT ENVIRONMENTAL IMPACT STATEMENT AS FINAL
(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 (1) through (3) of this rule.
History: 2-3-103, 2-4-201, MCA; IMP, 2-3-104, 75-1-201, MCA; NEW, 1989 MAR p. 226, Eff. 1/27/89; TRANS, from DHES, 1996 MAR p. 1497.