36.2.536 JOINT ENVIRONMENTAL IMPACT STATEMENTS AND EA'S
(1) Whenever the agency and one or more other state
agencies have jurisdiction over an applicant's proposal or major state actions
that individually, collectively, or cumulatively require an EIS and another
agency is clearly the lead agency, the agency shall cooperate with the lead
agency in the preparation of a joint EIS. Whenever it is clearly the lead
agency, the agency shall coordinate the preparation of the EIS as required by
this rule. Whenever the agency and one or more agencies have jurisdiction over
an applicant's proposal or major state actions and lead agency status cannot be
resolved, the agency shall request a determination from the governor.
(2) The agency shall cooperate with federal and local agencies in preparing EISs when
the jurisdiction of the agency is involved. This cooperation may include, but
is not limited to: joint environmental research studies, a joint process to
determine the scope of an EIS, joint public hearings, joint EISs, and, whenever
appropriate, joint issuance of a record of decision.
(3) Whenever the agency proposes or participates in an action that requires
preparation of an EIS under both the National Environmental Policy Act and
MEPA, the EIS must be prepared in compliance with both statutes and associated
rules and regulations. The agency may, if required by a cooperating federal
agency, accede to and follow more stringent requirements, such as additional
content or public review periods, but in no case may it accede
to less than is provided for in these rules.
(4) The same general provisions for cooperation and joint issuance of documents
provided for in this rule in connection with EISs also apply to EAs.
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.