17.4.625 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
(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 17.4.617.
(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 EIS.
(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 original EIS.
History: 2-3-103, 2-4-201, MCA; IMP, 2-3-104, 75-1-201, MCA; NEW, 1989 MAR p. 226, Eff. 1/27/89; TRANS, from DHES, 1996 MAR p. 1497.