32.2.237 PREPARATION, CONTENT, AND DISTRIBUTION OF A PROGRAMMATIC REVIEW
(1) Whenever the agency is contemplating a
series of agency-initiated actions, programs, or policies which in part or in
total may constitute a major state action significantly affecting the human
environment, it shall prepare a programmatic review discussing the impacts of
the series of actions.
(2) The agency may also prepare a programmatic
review whenever required by statute, whenever a series of actions under the
jurisdiction of the agency warrant such an analysis as determined by the
agency, or whenever prepared as a joint effort with a federal agency requiring
a programmatic review.
(3) The agency shall determine whether the
programmatic review takes the form of an EA or an EIS in accordance with the
provisions of ARM 32.2.223 and ARM 32.2.225, unless otherwise provided by
(4) A programmatic review must include, as a
minimum, a concise, analytical discussion of alternatives and the cumulative
environmental effects of these alternatives on the human environment. In addition programmatic reviews must
contain the information specified in ARM 32.2.229 for EISs or ARM 32.2.225 for
EAs, as applicable.
(5) The agency shall adhere to the time limits
specified for distribution and public comment on EISs or EAs, whichever is
(6) While work on a programmatic review is in
progress, the agency may not take major state actions covered by the program in
that interim period unless such action:
(a) is part of an ongoing program;
(b) is justified independently of the program; or
(c) will not prejudice the ultimate decision on
the program. Interim action prejudices
the ultimate decision on the program if it tends to determine subsequent
development or foreclose reasonable alternatives.
(7) Actions taken under (6) must be accompanied by
an EA or an EIS, if required.
History: Sec. 2-4-201 MCA; IMP, Sec. 2-4-201, 75-1-201 MCA; NEW, 2000 MAR p. 3409, Eff. 12/8/00.