32.2.236 JOINT ENVIRONMENTAL IMPACT STATEMENTS AND ENVIRONMENTAL ASSESSMENTS
(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
(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:
(a) joint environmental research studies;
(b) a joint process to determine the scope of an
(c) joint public hearings;
(d) joint EISs; and
(e) 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.
History: Sec. 2-4-201 MCA; IMP, Sec. 2-4-201, 75-1-201 MCA; NEW, 2000 MAR p. 3409, Eff. 12/8/00.