32.2.234 ADOPTION OF AN EXISTING ENVIRONMENTAL IMPACT STATEMENT
(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
(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.
(2) A summary of the existing EIS or the portion
adopted and a list of places where the full text is available must be
circulated as a part of the EIS and treated as part of the EIS for all
purposes, including, if required, preparation of a final EIS.
(3) Adoption of all or part of an existing EIS
does not relieve the agency of the duty to comply with ARM 32.2.231.
(4) The same time periods applicable to draft and
final EISs apply to the circulation and review of EISs that include material
adopted from an existing EIS.
(5) The agency shall take full responsibility for
the portions of a previous EIS adopted.
If the agency disagrees with certain adopted portions of the previous
EIS, it shall specifically discuss the points of disagreement.
(6) No material may be adopted unless it is
reasonably available for inspection by interested persons within the time
allowed for comment.
(7) Whenever part of an existing EIS or
concurrently prepared EIS is adopted, the part adopted must include sufficient
material to allow the part adopted to be considered in the context in which it
was presented in the original EIS.
History: Sec. 2-4-201 MCA; IMP, Sec. 2-4-201, 75-1-201 MCA; NEW, 2000 MAR p. 3409, Eff. 12/8/00.