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.
Notes
Mont. Admin. r. 36.2.804
NEW, 1986 MAR p. 953,
Eff. 5/30/86; TRANS, from DSL, 1996 MAR p.
771.
22--3-424, MCA; IMP,
22-3-424,
MCA;
