36.25.918    CATEGORICAL EXCLUSIONS

(1) Pursuant to 77-1-121, MCA, and ARM 36.2.523(5), the board adopts the following additional categorical exclusions for real estate management activities conducted upon state trust lands:

(a) lease and license administration including review, inspection, amendments, assignments, renewals, and enforcement of terms and conditions;

(b) department review and approval of lease or license modifications, improvements, removal of improvements, and new utility service connections, consistent with applicable regulations;

(c) adjustments to the boundaries of existing leases or licenses, consistent with applicable regulations;

(d) project planning and design;

(e) project evaluation under ARM 36.25.906;

(f) development of a site selection report under ARM 36.25.907;

(g) project selection under ARM 36.25.908;

(h) development of the project management list under ARM 36.25.909;

(i) marketing of state trust lands proposed for lease, license, or easement;

(j) short-term land use licenses, involving no resource extraction or developed uses, and conforming to local permitting and land use regulations;

(k) other real estate management activities administered by the bureau on state trust lands that are not in connection to:

(i) a department proposal for a sale, exchange, easement, placement of improvement, lease, license, or permit; or

(ii) a department review of an application for authorization of a sale, exchange, easement, placement of improvement, lease, license, or permit;

(l) department request to amend a local growth policy or zoning regulation;

(m) department request to amend or develop a neighborhood plan or extension of services plan;

(n) annexation; and

(o) land acquisition. Categorical exclusions include activities on state trust lands conducted by others under the authority of the department as well as activities conducted by the department itself.

(2) Categorical exclusions shall not apply in extraordinary circumstances where the bureau is proposing an activity:

(a) upon sites with high erosion risk;

(b) where critical habitat for federally listed threatened and endangered species may be affected;

(c) where Native American religious and cultural sites may be affected;

(d) where archaeological sites may be affected;

(e) where historic properties and areas may be affected;

(f) where several related categorically-excluded individual activities may cumulatively result in significant impacts to the human environment because they will either occur closely in time, or in the same geographic area. Such related actions may be subject to environmental review even if they are not individually subject to review; or

(g) where the activity would result in a violation of any applicable local, state, or federal laws or regulations.

History: 77-1-209, 77-1-301, MCA; IMP, 75-1-201, 77-1-121, 77-1-605, 77-1-903, MCA; NEW, 2008 MAR p. 2645, Eff. 12/25/08.