17.4.628 PREPARATION, CONTENT, AND DISTRIBUTION OF A PROGRAMMATIC REVIEW
(1) Whenever the agency is
contemplating a series of agency-initiated actions, programs, or policies
which in part or in total may constitute a major state action significantly
affecting the human environment, it shall prepare a programmatic review
discussing the impacts of the series of actions.
(2) The agency may also prepare a
programmatic review whenever required by statute, whenever a series of actions
under the jurisdiction of the agency warrant such an analysis as determined by
the agency, or whenever prepared as a joint effort with a federal agency
requiring a programmatic review.
(3) The agency shall determine whether the
programmatic review takes the form of an EA or an EIS in accordance with the
provisions of ARM 17.4.607 and 17.4.608, unless otherwise provided by statute.
(4) A programmatic review must include, as
a minimum, a concise, analytical discussion of alternatives and the cumulative
environmental effects of these alternatives on the human environment. In
addition programmatic reviews must contain the information specified in ARM
17.4.617 for EISs or ARM 17.4.609 for EAs, as applicable.
(5) The agency shall adhere to the time
limits specified for distribution and public comment on EISs or EAS, whichever
(6) While work on a programmatic review is
in progress, the agency may not take major state actions covered by the program
in that interim period unless such action:
(a) is part of an ongoing program;
(b) is justified independently of the
(c) will not prejudice the ultimate
decision on the program. Interim action prejudices the ultimate decision on the
program if it tends to determine subsequent development or foreclose reasonable
(7) Actions taken under (6) of this rule
must be accompanied by an EA or an EIS, if required.
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.