Williams Family Trust Habitat Conservation Lease FWP-DN-WL-R3-24-063

Aug 21, 2024 10:24 AM

According to the applicable requirements of MEPA, and its implementing rules and regulations, before a proposed action may be approved, environmental review must be conducted to identify, consider, and disclose any potential impacts of the proposed action on the affected human environment. The level of environmental review will vary with the complexity and seriousness of environmental issues associated with a proposed action. The level of public interest will also vary. The agency is responsible for adjusting public review to match these factors. Title 75, Chapter 1, Parts 1 through 3, Montana Code Annotated (MCA).

On August 12, 2022, following MEPA’s required public participation process, FWP published their decision to approve a Programmatic Environmental Assessment or Programmatic EA prepared and publicly processed to identify, consider, and disclose any potential impacts of FWP’s Habitat Conservation Lease Program or HCLP on the affected human environment. A copy of the subject Programmatic EA and associated DN are available for review at https://fwp.mt.gov/conservation/habitat/habitat-conservation/lease-program. The approved Programmatic EA and § 87-1-241, MCA, require FWP serve public notice for each specific HCLP project covered under the scope of the approved Programmatic EA each time a specific HCLP project is proposed and recommended for approval. A copy of the required public notice for the William Family Trust Habitat Conservation Lease project is available for review at

https://fwp.mt.gov/news/public-notices.

Further, pursuant to ARM 12.2.440(1)(a), on May 12, 2023, following MEPA’s required public participation process, FWP approved a Supplemental Programmatic EA proposing various changes to the HCLP, as initially detailed and approved by the Programmatic EA. More specifically, the Supplemental Programmatic EA proposed changes to the payment level for participation in the HCLP and added a penalty-free HCLP buy out provision. A copy of the Supplemental Programmatic EA and associated DN are available for review at

https://fwp.mt.gov/conservation/habitat/habitat-conservation/lease-program.

FWP determined the proposed Williams Family Trust Habitat Conservation Lease falls within the scope of the approved Programmatic EA, as modified by the Supplemental Programmatic EA. Therefore, with consideration for the above-cited, prior programmatic review of the HCLP, and pursuant to ARM 12.2.430, General Requirements of the Environmental Review Process, the Williams Family Trust Habitat Conservation Lease project has met all obligations for approval pursuant to MEPA and § 87-1-241, MCA.