(1) 'Action' 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 agencies.
(2) (a) 'Alternative' means:
(i) an alternate approach or course of action
that would appreciably accomplish the same objectives or results as the
proposed action;
(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
(iv) 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.
(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 agriculture.
(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 4.2.314(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 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 4.2.314 (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 4.2.321 or ARM
4.2.322 and which responds to substantive comments received 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 4.2.314 (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.