8.2.311 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
(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 commentors 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
(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 subsections (1) through (3) above.
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.