means a project, program or activity directly undertaken by the agency; a project
or activity supported through a contract, grant, subsidy, loan or other form of
funding assistance from the agency, either singly or in combination with one or
more other state agencies; or a project or activity involving the issuance of a
lease, permit, license, certificate, or other entitlement for use or permission
to act by the agency, either singly or in combination with other state
(2) (a) 'Alternative' means:
(i) an alternate approach or course of
action that would appreciably accomplish the same objectives or results as the
(ii) design parameters, mitigation, or
controls other than those incorporated into a proposed action by an applicant
or by an agency prior to preparation of an EA or draft EIS;
(iii) no action or denial; and
agency-initiated actions, a different program or series of activities
that would accomplish other objectives or a different use of RESOURCES than the
proposed program or series of activities.
(b) The agency is required to consider only alternatives that are realistic,
technologically available, and that represent a course of action that bears a
logical relationship to the proposal being evaluated.
(3) 'The agency' means the department of
RESOURCES AND CONSERVATION and the board of natural RESOURCES AND CONSERVATION.
(4) 'Applicant' means a person or any other entity who applies to the agency for a
grant, loan, subsidy, or other funding assistance, or for a lease, permit,
license, certificate, or other entitlement for use or permission to act.
(5) 'Categorical exclusion' refers to a type of action which does not individually,
collectively, or cumulatively require an EA or EIS, as determined by rulemaking
or programmatic review adopted by the agency, unless extraordinary
circumstances, as defined by rulemaking or programmatic review, occur.
(6) 'Compensation' means the replacement or provision of substitute RESOURCES or
environments to offset an impact on the quality of the human environment. The
agency may not consider compensation for purposes of determining the
significance of impacts (see ARM 36.2.523(4) ) .
(7) 'Cumulative impact' means the collective impacts on the human environment of
the proposed action when considered in conjunction with other past and present
actions related to the proposed action by location or generic type. Related
future actions must also be considered when these actions are under concurrent
consideration by any state agency through pre-impact statement studies,
separate impact statement evaluation, or permit processing procedures.
(8) 'Emergency actions' include, but are not limited to:
(a) projects undertaken, carried out, or approved by the agency to repair or
restore property or facilities damaged or destroyed as a result of a disaster
when a disaster has been declared by the governor or other appropriate
(b) emergency repairs to public service facilities necessary to maintain service;
(c) projects, whether public or private, undertaken to prevent or mitigate
immediate threats to public health, safety, welfare, or the environment.
(9) 'Environmental assessment' (EA) means a written analysis of a proposed action
to determine whether an EIS is required or to serve one or more of the other
purposes described in ARM 36.2.523(2) .
(10) 'Environmental impact statement' (EIS) means the detailed written statement
required by section 75-1-201, MCA, which may take several forms:
(a) "Draft environmental impact statement" means a detailed written
statement prepared to the fullest extent possible in accordance with 75-1-201(1) (b) (iii) ,
MCA, and these rules.
(b) "Final environmental impact statement" means a written statement
prepared to the fullest extent possible in accordance with 75-1-201,
MCA, and ARM 36.2.530 or 36.2.531 and which responds to substantive comments
on the draft environmental impact statement;
(c) "Joint environmental impact statement" means an EIS prepared jointly
by more than one agency, either state or federal, when the agencies are involved
in the same or a closely related proposed action.
(11) 'Environmental quality council' (EQC) means the council established pursuant to
Title 75, chapter 1, MCA, and 5-16-101, MCA.
(12) 'Human environment' includes, but is not limited to biological, physical,
social, economic, cultural, and aesthetic factors that interrelate to form the
environment. As the term applies to the agency's determination of whether an
EIS is necessary (see ARM 36.2.523(1) ) , economic and social impacts do not by
themselves require an EIS. However, whenever an EIS is prepared, economic and
social impacts and their relationship to biological, physical, cultural and
aesthetic impacts must be discussed.
(13) 'Lead agency' means the state agency that has primary authority for committing
the government to a course of action or the agency designated by the governor
to supervise the preparation of a joint environmental impact statement or
(14) 'Mitigation' means:
(a) avoiding an impact by not taking a certain action or parts of an action;
(b) minimizing impacts by limiting the degree or magnitude of an action and its
(c) rectifying an impact by repairing, rehabilitating, or restoring the affected
(d) reducing or eliminating an impact over time by preservation and maintenance
operations during the life of an action or the time period thereafter that an
(15) 'Programmatic review' means an analysis (EIS or EA) of the impacts on the
quality of the human environment of related actions, programs, or policies.
(16) 'Residual impact' means an impact that is not eliminated by mitigation.
(17) 'Scope' means the range of reasonable alternatives, mitigation, issues, and
potential impacts to be considered in an environmental assessment or an
environmental impact statement.
(18) 'Secondary impact' means a further impact to the human environment that may be
stimulated or induced by or otherwise result from a direct impact of the
(19) 'State agency', means an office, commission, committee, board, department,
council, DIVISION, bureau, or section of the executive branch of state