Administrative Rules of Montana
Department 36 - NATURAL RESOURCES AND CONSERVATION
Chapter 36.2 - PROCEDURAL RULES
Subchapter 36.2.8 - Antiquities on State Lands
Rule 36.2.804 - DEPARTMENT CONSIDERATION OF SHPO RECOMMENDATION
Universal Citation: MT Admin Rules 36.2.804
Current through Register Vol. 18, September 20, 2024
If SHPO responds to the department's initial consultation request, the department shall consider that response and determine if actions other than those proposed in its initial consultation request pursuant to ARM 36.2.803(1) (g) are appropriate. The determination of whether to implement SHPO's recommendations rests solely with the department. The department shall follow the following procedure:
(1) If SHPO recommends a professional antiquities survey and:
(a) the department accepts that
recommendation, the department shall cause a survey to be conducted and conduct
a post-survey consultation in accordance with ARM
36.2.805; or
(b) the department rejects that
recommendation, the department shall notify SHPO of its determination in
writing and document therein its reasons and the level of identification and
protection of the antiquities that will be required. The department may not
proceed with the proposed action until five working days after written notice
to SHPO. The department shall afford or require for the antiquities the highest
degree of identification and protection feasible within the constraints of
time, personnel, budget, and its trust responsibilities.
(2) If SHPO's response does not include a recommendation for a professional antiquities survey and:
(a) the department's determination is to
implement all SHPO's recommendations, if any, the department shall notify SHPO
of its determination in writing, proceed with the department action, and
implement the recommendations; or
(b) the department's determination is to not
implement all or part of SHPO's recommendations, the department shall notify
SHPO of its determination in writing and document therein its reasons and the
level of identification and protection of antiquities that will be required.
The department shall afford or require for the antiquities the highest degree
of identification and protection feasible within the constraints of time,
personnel, budget, and its trust responsibilities. The department may not
proceed with the proposed action until five working days after delivery of
written notice to SHPO. If the department within those five working days
receives written notice from SHPO that SHPO continues to disagree with the
department's decision, the department shall consult with SHPO in person or by
telephone. The department shall document the substance of SHPO's comments and
the department's response and may then proceed with mitigation measures and the
action.
22--3-424, MCA; IMP, 22-3-424, MCA;
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