17.4.618    ADOPTION OF DRAFT ENVIRONMENTAL IMPACT STATEMENT AS FINAL

(1) Depending upon the substantive comments received in response to the draft EIS, the draft statement may suffice. The agency shall determine whether to adopt the draft EIS within 30 days of the close of the comment period on the draft EIS.

(2) In the event the agency determines to adopt the draft EIS, the agency shall notify the governor, the environmental quality council, the applicant, if any, and all commenters of its decision and provide a statement describing its proposed course of action. This notification must be accompanied by a copy of all comments or a summary of a representative sample of comments received in response to the draft statement, together with, at minimum, an explanation of why the issues raised do not warrant the preparation of a final EIS.

(3) The agency shall provide public notice of its decision to adopt the draft EIS as a final EIS.

(4) If the agency decides to adopt the draft EIS as the final EIS, it may make a final decision on the proposed action no sooner than 15 days after complying with (1) through (3) of this rule.

History: 2-3-103, 2-4-201, MCA; IMP, 2-3-104, 75-1-201, MCA; NEW, 1989 MAR p. 226, Eff. 1/27/89; TRANS, from DHES, 1996 MAR p. 1497.