Prev Next


(1) Responsible entities shall conduct consultations in accordance with the specific procedures set out in Tables A through E of ARM 17.8.1305. In conducting consultations, responsible entities shall comply with the following general requirements:

(a) The responsible entity shall allow reasonable time for consultation. Because the time available to accomplish many of the actions required under this subchapter will be limited, consulted agencies shall make a reasonable effort to develop response procedures that will allow them to respond quickly. In its request for consultation, the responsible entity shall specify the date by which a response is needed. If a consulted agency is unable to respond by the date specified, it shall contact the responsible entity to arrange a mutually acceptable date.

(b) The responsible entity shall provide sufficient information to provide a basis for meaningful consultation. If the supporting materials for a particular action are too voluminous for reasonable circulation, the responsible entity shall summarize and make available the materials not circulated. The responsible entity shall provide additional information upon request of a consulted agency.

(c) The responsible entity may use meetings for consultation and shall convene a consultation meeting upon request of a consulted agency. If a meeting is scheduled, the responsible entity shall notify all consulted agencies of the meeting. The responsible entity shall make a written record of the issues discussed and any decisions or commitments made during a consultation meeting.

(d) The responsible entity shall include in the draft and final documentation of the actions covered by this subchapter a description of the consultation opportunities provided during accomplishment of the action, a summary of the responses received, and a discussion of how those responses were used in accomplishing the action.

(2) For purposes of consultation contacts, the department shall maintain a list of offices and officials from each federal, state, and local government agency involved in actions requiring consultation pursuant to 40 CFR Part 93. The department shall distribute the list to all involved agencies, and update the list as necessary.

History: 75-2-111, MCA; IMP, 75-2-202, MCA; NEW, 1996 MAR p. 2299, Eff. 8/23/96; AMD, 1999 MAR p. 1216, Eff. 6/4/99.

Home  |   Search  |   About Us  |   Contact Us  |   Help  |   Disclaimer  |   Privacy & Security