8.2.315 ADOPTION OF AN EXISTING EIS
(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 applicant;
(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 8.2.310.
(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
(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
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.