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(1) Conflicts among state agencies or between state agencies and an MPO or a local agency that arise during consultations conducted pursuant to this subchapter may be appealed to the governor as follows if the conflict cannot be resolved by the affected agencies:

(a) A consulted agency that has submitted comments pursuant to this subchapter on a proposed implementation plan or conformity determination has 14 days to appeal to the governor after being notified by the responsible entity of the response to the consulted agency's comments. The specific actions that start the 14-day appeal period are identified in Tables C and D of ARM 17.8.1305.

(b) The consulted agency must provide written notice of the appeal to the responsible entity and to the governor.

(c) If no appeal is filed within 14 days, the responsible entity may proceed with the final implementation plan or conformity determination. If an appeal is filed within 14 days, the final implementation plan or conformity determination must have the concurrence of the governor.

(2) The governor may delegate the conflict resolution and concurrence roles to another official or agency within the state, but not to the Montana Board of Environmental Review, the Environmental Quality Council, the Montana Transportation Commission, the directors or staffs of the department or MDT, or the MPO or local government entity involved in the dispute.

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.

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