8.2.318 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 8.2.304 and
8.2.305, 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 8.2.310 for EISs or ARM 8.2.306 for
EAs, as applicable.
(5) The agency shall adhere to the time limits specified for distribution
and public comment on EISs or EAs, whichever is applicable.
(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
(a) is part of an ongoing program;
(b) is justified independently of the program; or
(c) will not prejudice the ultimate decision on
the program. Interim action prejudices the ultimate decision on
program if it tends to determine subsequent development or foreclose reasonable
(7) Actions taken under subsection (6) must be accompanied by an EA or an
EIS, if required.
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.