(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:
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
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.
agency is required to consider only alternatives that are realistic,
technologically available, and that represent a course of action that bears a
logical relationship to the proposal being evaluated.
(3) "The agency" means department of highways.
(4) "Applicant" means a person or any other entity who applies to the
agency for a grant, loan, subsidy, or other funding assistance, or for a lease,
permit, license, certificate, or other entitlement for use or permission to
(5) "Categorical exclusion" refers to a type of action which does not
individually, collectively, or cumulatively require an EA or EIS, as determined
by rulemaking or programmatic review adopted by the agency, unless
extraordinary circumstances, as defined by rulemaking or programmatic review,
(6) "Compensation" means the replacement or provision of substitute
resources or environments to offset an impact on the quality of the human
environment. The agency may not consider compensation for purposes of
determining the significance of impacts (see ARM 18.2.237(4) ) .
(7) "Cumulative impact" means the collective impacts on the human
environment of the proposed action when considered in conjunction with other
past and present actions related to the proposed action by location or generic
type. Related future actions must also be considered when these actions are
under concurrent consideration by any state agency through pre-impact
statement studies, separate impact statement evaluation, or permit processing
(8) "Emergency actions" include,
but are not limited to:
(a) projects undertaken, carried out, or approved by the agency to repair or
restore property or facilities damaged or destroyed as a result of a disaster
when a disaster has been declared by the governor or other appropriate
(b) emergency repairs to public service facilities necessary to maintain service;
(c) projects, whether public or private, undertaken to prevent or mitigate
immediate threats to public health, safety, welfare, or the environment.
(9) "Environmental assessment" (EA) means a written analysis of a
proposed action to determine whether an EIS is required or to serve one or more
of the other purposes described in ARM 18.2.237(2) .
(10) "Environmental impact statement" (EIS) means the detailed written
statement required by section 75-1-201, MCA, which may take several
(a) "Draft environmental impact statement" means a detailed written
statement prepared to the fullest extent possible in accordance with 75-1-201(1) (b) (iii) ,
MCA, and ARM 18.2.235 through 18.2.260;
(b) "Final environmental impact statement" means a written statement
prepared to the fullest extent possible in accordance with 75-1-201,
MCA, and ARM 18.2.244 or 18.2.245 and which responds to substantive comments
received on the draft environmental impact statement;
(c) "Joint environmental impact statement" means an EIS prepared jointly
by more than one agency, either state or federal, when the agencies are
involved in the same or a closely related proposed action.
(11) "Environmental quality council" (EQC) means the council established
pursuant to Title 75, chapter 1, MCA, and 5-16-101, MCA.
(12) "Human environment" includes, but is not limited to biological,
physical, social, economic, cultural, and aesthetic factors that interrelate to
form the environment. As the term applies to the agency's determination of
whether an EIS is necessary (see ARM 18.2.237(1) ) , economic and social impacts
do not by themselves require an EIS. However, whenever an EIS is prepared,
economic and social impacts and their relationship to biological, physical,
cultural and aesthetic impacts must be discussed.
(13) "Lead agency" means the state agency that has primary authority for
committing the government to a course of action or the agency designated by the
governor to supervise the preparation of a joint environmental impact statement
or environmental assessment.
(14) "Mitigation" means:
(a) avoiding an impact by not taking a certain action or parts of an action;
(b) minimizing impacts by limiting the degree or magnitude of an action and its implementation;
(c) rectifying an impact by repairing, rehabilitating, or restoring the affected
(d) reducing or eliminating an impact over time by preservation and maintenance
operations during the life of an action or the time period thereafter that an
(15) "Programmatic review" means an analysis (EIS or EA) of the impacts on
the quality of the human environment of related actions, programs, or policies.
(16) "Residual impact" means an impact that is not eliminated by mitigation.
(17) "Scope" means the range of reasonable alternatives, mitigation,
issues, and potential impacts to be considered in an environmental assessment
or an environmental impact statement.
(18) "Secondary impact" means a further impact to the human environment
that may be stimulated or induced by or otherwise result from a direct impact
of the action.
(19) "State agency", means an office, commission, committee, board, department,
council, division, bureau, or section of the executive branch of state
History: Sec. 2-3-103, 2-4-201, MCA; IMP, Sec. 2-3-104, 75-1-201, MCA; NEW, 1988 MAR p. 2692, Eff. 12/23/88.