18.2.248 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
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
the existing EIS covers an action paralleling or closely related to the action
proposed by the agency or the applicant;
the basis of its own independent evaluation, that the information contained in
the existing EIS has been accurately presented; and
the information contained in the existing EIS is applicable to the action
currently being considered.
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
(3) Adoption of all or part of an existing EIS does not relieve the agency of the
duty to comply with ARM 18.2.243.
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.
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.
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: 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.