Mont. Admin. R. 10.121.905 - IDENTIFICATION OF HERITAGE PROPERTIES AND PALEONTOLOGICAL REMAINS
(1) The agency shall identify all known
heritage properties and paleontological remains that are located on state lands
within the area of effect. The agency shall use the following heritage value
criteria in identifying heritage property, whether or not it meets the criteria
for listing on the register. Heritage property values are the qualities of
significance in American history, architecture, archaeology, engineering, and
culture present in districts, sites, buildings, structures, and objects
achieving significance prior to the last 50 years and that possess integrity of
location, design, setting, materials, workmanship, feeling, and association and
which:
(a) are associated with events that
have made a significant contribution to the broad patterns of Montana's or the
nation's history;
(b) that are
associated with the lives of persons significant in our past;
(c) that embody the distinctive
characteristics of a type, period or method of construction, or that represent
the work of a master, or that possess high artistic values, or that represent a
significant and distinguishable entity whose components may lack individual
distinction;
(d) that have yielded,
or may be likely to yield, information important in prehistory or history;
or
(e) are verified by a
professional paleontologist advising the SHPO through formal agreement to be
paleontological remains.
(2) The agency shall use the following
procedure to identify what known historic, architectural, or prehistoric
properties or paleontological remains exist within an action area and how
unknown or unevaluated resources should be discovered:
(a) The agency shall provide the SHPO with:
(i) the legal description of the property on
which the action is proposed;
(ii)
a description of the current condition and use of the area of effect;
(iii) a brief summary of the nature and scope
of the proposed action; and
(iv)
information the agency has on heritage property or paleontological remains in
the area of effect.
(b)
If an action would change or remove a building, including cases where new
buildings are to be built adjacent to old buildings, the agency shall provide
the SHPO with:
(i) information on the legal
description of the property on which the building(s) is located;
(ii) a photograph of the building(s)
;
(iii) a brief description of the
proposed action; and
(iv) when
available, dates of building construction, information on building use, and
changes to the building over time. If applicable and available, the design of
new building(s) shall be provided.
(3) The SHPO shall provide the agency with
information on:
(a) known heritage property
or paleontological remains in the area;
(b) the likelihood of unknown heritage
property or paleontological remains in the area; and
(c) whether a previous cultural resource
survey has occurred in the area of effect.
(4) If the SHPO has information that heritage
resources or paleontological remains exist or may exist in the area of effect,
the SHPO shall recommend inventory, recordation, and data collection methods.
If an action involves a building, the SHPO shall inform the agency about
whether any building has been recorded previously or if its historic and
architectural value has been assessed. If recordation and evaluation of
heritage properties has not occurred, the SHPO shall recommend documentation
and evaluation methods. All SHPO recommendations for methods to be applied
shall follow standards, procedures, and guidelines provided for in
22-3-428,
MCA. The SHPO shall provide its recommendation to the agency within 30 days of
the SHPO's receipt of an agency's request.
(5) Upon receipt of the information and
recommendations from the SHPO, the agency shall determine what additional
action is necessary to fulfill its responsibility to identify Montana heritage
properties in the area of effect.
(6) If the agency does not follow the SHPO's
recommendation, it shall document its decision and justification in the action
file. A copy of the documentation must be forwarded to the SHPO.
Notes
Sec. 22-3-423(9) MCA; IMP, Sec. 22-3-424 MCA;
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