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
(2) "Alternative" means:
(a) an alternate approach or course of action that
would appreciably accomplish the same objectives or results as the proposed
(b) 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;
(c) no action or denial; and
(d) for 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.
(e) 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
(3) "The agency" means the Montana
department of livestock.
(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 32.2.223(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
(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 government entity;
(b) emergency repairs to public service facilities
necessary to maintain service; and
(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
(10) "Environmental impact statement"
(EIS) means the detailed written statement required by 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 32.2.229 or 32.2.230 and which
responds to substantive comments received on the draft environmental impact
(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
(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 32.2.223(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 environmental assessment.
(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 implementation;
(c) rectifying an impact by repairing,
rehabilitating, or restoring the affected environment; or
(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 impact continues.
(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 action.
(19) "State agency" means an office,
commission, committee, board, department, council, division, bureau, or
section of the executive branch of state government.
History: Sec. 2-4-201 MCA; IMP, Sec. 2-4-201, 75-1-201 MCA; NEW, 2000 MAR p. 3409, Eff. 12/8/00.