(1) The Montana historical society hereby adopts and incorporates by reference ARM 1.3.102 through ARM 1.3.232, which sets forth the Attorney General's model procedural rules. A copy of the model procedural rules may be obtained from the Montana historical society.

(1) The acquisition of materials shall be the responsibility of the board of trustees and staff of the Montana historical society. The collection shall be systematically expanded and shall interpret the heritage of the Montana region for the benefit of the citizens of Montana and visitors to the state.

(2) Sole and final decisions on the acquisition of materials shall be made by the director in conjunction with the supervisor of the department where the acquisition is made. A list and detailed explanation of major acquisitions shall be submitted to the board of trustees quarterly or as required.

(3) If the origin, ownership or authenticity of an item should be in question, the director shall consult widely within the Montana historical society with available legal counsel and the board of trustees. If the item is deemed unacceptable, the director shall immediately contact the donor and proper authorities and remove the item from the collections.

(4) It shall be policy to acquire material of high and exceptional quality and reject the temptation to acquire items of secondary or tertiary significance. Items acquired shall not be limited to what is necessary for exhibit and display, they may also be acquired for study and conservation purposes.

(5) Items that may duplicate existing collections, or items of secondary importance or items unrelated to the heritage of Montana may be accepted provided that the donor fully understands and accepts in writing that the items may be disposed of to the best advantage of the society.

(6) All unrestricted monetary donations to the Montana historical society shall be restricted in use to the education program and for special projects approved by the board of trustees.

(7) An accession statement (deed of gift) outlining all details on the material acquired shall be signed by the donor and by the director and/or department head.

(8) Donations may be tax deductible; however, the montana historical society assumes no responsibility for providing an evaluation or appraisal of the material. All appraisals of the materials for donation to the society should be conducted by a disinterested third party expert in the field. The donor shall bear all costs incurred in seeking appraisals. Potential donors are advised to consult their attorney or tax accountant for a determination to claim a deduction.

(9) The documentary value of a museum, library and archival collection is the principal criteria of excellence. Accession records shall be of the highest order of accuracy and completeness. Items in the collections shall have a provenance as completely documented as possible. Said provenance shall be a matter of public record.

(10) A permanent donor's register is maintained and available for public inspection.

 

(1) All donations to the museum and galleries department are outright and unconditional gifts.

(2) A11 items acquired shall be entered into inventory immediately by qualified staff under the supervision of the department head and such records made available to the di-rector and the public.

(3) No loans shall be accepted from individuals, cor-porations or other groups unless the item is of special and unique value to a particular exhibit or study.

(4) Should any item be accepted from individuals, cor-porations or other groups unless the item is of special and unique value to a particular exhibit or study.

(4) Should any item be accepted for loan the lender shall sign a temporary loan agreement specifying the period of the loan, insured value and other pertinent information relative to the use and care of the item. The montana his-torical society may insure loaned items but shall assume no liability in excess of the insured agreement. No loan shall exceed one year unless renewed in writing by both parties.

(5) Examples of the deed of gift and record of acquisition forms follow:

 

 

                                                                                   MONTANA HISTORICAL SOCIETY

225 North Roberts Street

Helena, Montana

 

                                                                                                                  Log #                                     

 

                                                                                                                  Master #                                

 

                                                                                                                  Helena, Montana

 

                                                                                                                  Date                                   

 

RECORD OF ACQUISITION

 

Name of Donor                                                                                                                                   

 

Street, Avenue or Box Number                                                                                                           

 

City                                                                 State                                          Zip Code                    

 

(XX) PERMANENT GIFT -    The donor relinquishes all rights to the article(s) and the disposition of the article(s) remains with the Society.

 

DESCRIPTION OF ARTICLE(S) :

 

 

 

DISPOSITION OF ARTICLE(S) : (Department and/or person to whom delivered)

 

 

 

                                                                                      Received by                                              

 

                                                                                      Title                                                            

 

I, the undersigned, fully understand the terms of this receipt and conditions of acceptance stated.

 

 

 

                                                                                     Signature of Donor                                     

 

 

 

                                                                                                                                                                                                                            Date                                           

 

                                                                                                              Number                                      

 

 

                        DEED OF GIFT

 

 

 

Received from                                                                                                                                          

(donor)

 

of                                                                                        ,                                                                       ,

                           (street or box no.)                                                                              (city)

 

 

                                                              ,                           .

                                 (state)                              (zip)

 

 

the donation described by the Montana Historical Society as an unrestricted gift (unless specifically stated herein) and subject to conditions outlined by the Society's Collection Policy on the reverse of this deed of gift.

 

 

DESCRIPTION OF GIFT MATERIAL AS FOLLOWS:

 

 

 

 

 

                                                                                                                                                                 

                                                                                                      Donor's signature

 

                                                                              Accepted by: Montana Historical Society

 

 

                                                                                                                                                                  

                                                                                                       Archivist's signature

 

 

 

(1) The library department acquires materials by gift, exchange and purchase. The highest priorities are to secure all significant printed materials related to the history of Montana and to the history of the surrounding geographical region insofar as that impacts on Montana.

(2) Donations should be unconditional whenever possible, permitting the society to retain, exchange, discard or sell an item as it sees fit. For donations which are substantial in amount of material or of significant monetary value, or are accepted despite restrictions by the donor, a deed of gift will be drafted by the library staff and signed by the donor.

(3) No materials will be accepted on loan except for copying or microfilming for the length of time required for such copying, or for a temporary display or exhibit.

(1) Acquisitions by donation is the major method of building the archival collections of the society. Purchase shall be used only as a last expedient to assure the acquisition and preservation of particularly significant materials. No loans of materials except for copying purposes shall be accepted. Acquisitions include materials reflecting the history of Montana and of contiguous states and Canadian provinces where they are direct or indirect links to Montana.

(2) All donations of a major nature shall cause the issuance of a deed of gift for the signature of the donor and director/department head.

(3) Restrictions on collections, while not encouraged, may be placed on the materials as a condition of donation. These may take several forms, including: a period of years; during the lifetime of the donor; no publication from materials without authorization from the donor; or during the lifetime of key individuals mentioned in the manuscripts. Unreasonable restrictions on entire collections shall be rejected. Where restrictions have been agreed upon in writing they shall be honored by the staff and patrons.

(1) Request for loans of inventoried items will be considered only when made by qualified organizations and institutions as defined in section 1(b) and only when the society has a clear deed of gift to the requested item. No loan will be considered where the donor has otherwise stipulated.   Items on loan to the society shall not be available for loan.   It shall be the policy of the society to carefully control, limit and restrict the loan of gifted items, subject to the following exceptions:

(a) C. M. Russell original art works. There shall be no loan or exchange of the above to any person, corporation, museum, gallery or state department within or without the state of Montana except as approved by a two-thirds majority of the board of trustees.

(b) Inventoried items other than those of C. M. Russell. Subject to compliance with regulations concerning formal requests, transportation, insurance, display, security and return of items, said inventoried items may be loaned to qualified museums, galleries, historical societies and bona fide organizations and corporations, subject to the approval of a majority of the board of trustees or a majority of its executive committee. A qualified institution is an institution that can provide evidence of its ability to care for loaned collections in compliance with generally accepted professional museum standards as defined by the American Association of Museums.

(2) The conditions of loan of any inventoried item shall be intended to protect the item and provide for its safe return.   Such conditions shall include but not be restricted to the following information and terms.

(a) Complete information concerning the person, corporation, or department requesting the loan, specify the beginning and end of the loan period, describing the method of transportation, security precaution, place of display, occasion of display, expenses of transportation to and from the society, the title and authority of the person making the request and a complete description of the item(s) loaned including catalog number.

(b) The item(s) loaned must be identified as being loaned through the courtesy of the Montana historical society.

(c) Loan periods may not exceed one year. Extension of any loan period must be duly authorized and approved. Loaned items may be subject to recall by the society and may not be loaned to any other person, organization or agency.

(d) Provision shall be made and agreed to by both parties that an officer or employee of the society may retrieve an unreturned item at the expense of the agency delaying the return.

(e) The loan agreement shall be made in duplicate, be numbered, dated and duly signed and authorized, the original copy will be kept in the society files.

(3) No work of art may be loaned to offices within the state capitol complex without the approval of a majority of the board of trustees.   Loans of works of art will be confined to the following locations:

(a) Governor's Office

(b) Governor's Mansion

(c) Lieutenant Governor's Office

(d) Office of the Speaker of the House when the legislature is in session.

(e) Office of the President of the Senate when the legislature is in session.

The following conditions shall apply to works of art loaned to the above offices:

(a) Pieces may be chosen from our loan collection as established by the museum curator.

(b) A maximum of five pieces may be borrowed by each of the above offices.

(c) Works may be borrowed for only one year and may be recalled at any time. Extensions beyond one year may be granted upon examination, curatorial recommendations and board approval.

(d) All fluorescent fixtures illuminating the artwork must have an ultraviolet shield over the tubes. Cost and installation of shields to be paid for by the borrower.

(e) If oil paintings are loaned, smoking will not be allowed in areas where they are hung.

(f) All insurance premiums must be paid by the borrower on values established by the society.   The society must receive a copy of the letter verifying coverage from the insurance and legal division, department of administration.

(4) An example of the loan agreement follows:

Montana Historical Society

225 N. Roberts Street

Helena, Montana 59620

(406) 449-2694                                                                                       Date                                   

 

Borrowing Institution                                                                                                  

Address                                                                                                                      

Contact Person                                                      Title                                             

Telephone                                                

Purpose of Loan                                                                                                        

Period of Loan from                                               to                                       (Period not to

                                    exceed one year without written consent)

 

Insurance Company                                                    

Type of Coverage                                                       

Amount of Coverage                                                  

 

Credit line to read                                                                                                                    

 

For borrowing institution                                                     Title                                             

 

For Montana Historical Society                                                   Head Curator

 

                                                                                                        Registrar

 

                                                                                                        Director

 

Date of Board Authorization                                                      

 

-   - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

-   - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

Accession No.                       Item                           Condition                                  Value

 

(5) The borrower will exercise a high degree of care in the preservation and handling of borrowed items. It is understood and agreed that said materials shall not be changed, altered, or treated in any way whatsoever and shall not leave the custody of the borrower without permission in writing from the Montana historical society.

(6) Loan periods may not exceed one year. Any extension of a loan period must be duly negotiated and authorized. If deemed necessary, the Montana historical society may require the return of the loaned items before expiration period.

(7) No loaned materials or any part thereof may be reproduced for publication without the written consent of the Montana historical society. Proper credit must be given to the Montana historical society on any reproduction rights granted or exhibitions to the public of the materials loaned.

(8) Retrieval - 15 days before the expiration of the loan period, the Montana historical society shall be advised of the date, insurance provisions, and means of transportation for the return of the loaned items. If the items loaned are not returned by the date specified in this agreement, the Montana historical society may send an employee or officer to retrieve the loaned items. All costs to the agency holding the items shall be immediately paid upon receipt of the itemized billing.

(1) The library's collections are non-circulating, with the exception of non-Montana related federal documents which may be borrowed through the Montana state library.

(2) Some materials will be made available to patrons who cannot conveniently visit the library through interlibrary loan. Items which are deemed by the librarian to be rare, fragile, difficult to replace, or of high use in the library will not be loaned. Positive microfilms will be loaned if a security negative is available or readily obtainable. Negative microfilms will not be loaned. Loans will be for a two week period, non-renewable, and for use in the borrowing library only. Not more than tworeels of microfilm or two volumes will be loaned to a patron at any one time. Mailing both ways must be insured at the rate indicated by the society's library.

(3) All loans must be approved by the head librarian or, in his/her absence, by one of the professional library staff.

(1) In no circumstances shall loans of archival materials, including original photographs be made to institutions or individuals other than members of the state records network.

(2) Inter-library loans of archival materials to other units of the state records network are subject to the follow-ing conditions:

(a) Materials shall be hand-delivered to the institution requesting the loan and shall be returned in the same manner.

(b) A professional staff member at the borrowing insti-tution shall be directly responsible for care of the materi-als.

(c) The materials shall be used only in the library of the borrowing institution.

(d) All other restrictions on the materials as detailed by society policy, where applicable, shall be enforced by the borrower.

(3) State archives materials are not subject to loan except to the agency depositing the records. Such agencies shall have the right of removal for necessary office use.

(4) Original photographs shall not be loaned from the society's collections. Patrons are required to purchase a copy print for their purposes. Exceptions to this may be made in the case of donors or depositors.

(1) Any department, agency, board, commission, or other division of the state government or any local government unit is eligible to submit a grant for a cultural and aesthetic project, utilizing funds created by 15-35-108 (h) (i) , MCA.

(2) Grant proposals utilizing these funds must be submitted to the board of trustees of the Montana historical society by December 1 of the year preceding the convening of a legislative session.

(3) Grant proposals shall contain a detailed description of project goals, scope, purpose, activities, budget by line item, and duration of the grant period.

(1) No grants shall be issued if the grantee fails to accept the conditions of the grant or fails to sign a contract stipulating the conditions of the grant.

(2) The grantee must agree that the funds granted shall be expended solely for the activities described in the approved proposal. Should the grant award not prove adequate for the administration of the project as originally submitted the grantee shall submit prior to the grant period modifications to the proposal and an operational budget supporting these modifications. Any funds granted must be committed within the grant period.

(3) The grantee shall maintain accounts, records, and other evidence pertaining to the costs incurred under this grant. The system of accounting employed by the grantee shall be in accordance with generally accepted accounting principles and will be applied in a consistent matter so that the project expenditures can be clearly identified. Records must be maintained for three years from the official termination date of the grant period or until an approved audit has been completed and any questions arising from it have been resolved, whichever is the less period.

(4) Grantees will submit semi-annual reports of expenditures during the course of the project, and such other financial reports and descriptive reports as the society may require. In all cases the grantee is required to submit, within 30 days after completion of the project a final financial report and a narrative report stating what was accomplished with the grant. Five percent of the total grant award will be held pending receipt of final reports by the society.

(5) During the time set out in the above paragraph the grantee agrees that the state government shall have access to and the right to examine any directly pertinent books, documents, papers and records of the grantee involving transactions related to this grant at the principal place of business of grantee during regular business hours.

(6) All grant recipients shall agree that no person shall, on the grounds of race, color or national origin, be excluded from participation in, denied the benefits of, or be subjected to discrimination under any program or activity which results from the expenditure of grant funds.

(7) The grantee must agree that it is the official and sole agency for the administration of the project described in this contract.

(1) Funds available for expenditure on cultural and aesthetic projects are variable in amount and frequency of collections, therefore, allocation and disbursement of funds shall be discretionary with the society based upon availability of funds and the following criteria:

(a) Those projects of an on-going nature during the course of the full grant period shall receive the first priority for allocation of funds. No project will receive more than 25% of the total grant award during a six month period. An on-going project is defined as a project designed to operate throughout the grant period with full-time staff and other obligations to be met on a monthly basis.

(b) All other projects will be allocated the remaining monies on a percentage basis. That percentage will be determined for each project by dividing the amount awarded each project by the total appropriation for cultural and aesthetic projects.

(c) If actual revenues fall short of the amount appropriated for cultural and aesthetic project grants the shortfall shall be shared equally among all projects on the same percentage basis.

(1) State, federal, and other agencies are required or allowed by statute to consider the retention of heritage properties and paleontological remains on lands owned by the state in consultation with the state historic preservation officer. It is the policy of the Montana historical society to assist those agencies in preserving heritage properties and paleontological remains and to encourage the avoidance, whenever feasible, of agency actions or agency assisted or licensed actions that substantially alter heritage properties or paleontological remains on those lands.

Terms defined in 22-3-421, MCA, have the same meaning in this subchapter and for the further purposes of this subchapter:

(1) "Action" means any undertaking, including a project or action considered under the Montana Environmental - Policy Act, which has the potential to alter or affect the heritage values of heritage property or paleontological remains.

(2) "Adverse effect" means any change caused by an action which impacts heritage property or paleontological remains visually, audibly, physically or atmospherically to the extent that its heritage values are substantially diminished including a transfer of rights or title which results in the neglect of heritage property.

(3) "Anticipatory demolition" means the willful destruction of a heritage property prior to an action.

(4) "Area of effect" means the land area in which an action takes place and which may be changed by the action.

(5) "Heritage values" means the economic, educational, scientific, social, recreational, cultural or historic qualities possessed by buildings, districts, sites, structures or objects possessing sufficient significance to warrant consideration under these rules as heritage property or paleontological remains.

(6) "Interested parties" include applicants, tribes or groups directly involved in the action or landowners, tribes, groups, agencies, or institutions with a clear and reasonable interest in the consideration of heritage properties associated with an action.

(7) "Restore" means to conduct major repairs, reconstruction, structural or other improvements on a building, district, object, site, structure or feature possessing heritage values with the intention of preserving or reconstructing physical features representing those values.

(8) "SHPO" means the state historic preservation office of the Montana historical society as created by 2-15-1512, MCA.

(1) The agency shall initiate reviews and studies required by 22-3-424, MCA, prior to initiating any action which has the potential to adversely affect heritage properties. The agency shall complete its review early enough to be used in formulating agency decisions about the action. Completion of reviews and studies after the agency has irrevocably committed itself to the scope, format or siting of the action will not constitute adherence to these rules.

(2) At specified stages within the following rules, SHPO response to the agency is required. If the SHPO fails to respond in the times described in this subchapter, the agency shall assume that the SHPO does not object to the agency position and the agency may move forward with the action.

(1) The director of each agency is responsible for assuring compliance with 22-3-424, MCA, when actions involving his division may affect heritage properties or paleontological remains.

(2) Each agency may designate a position to manage issues concerning heritage property or paleontological remains protection.

(3) Each agency shall bear its costs of administration related to compliance with this rule.

(4) Requests for SHPO consultation shall be made in writing.

(5) Agencies shall, to the maximum extent possible, include interested parties in consultations regarding heritage properties or 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.

(1) In consultation with the SHPO, and appropriate tribes or interested parties, the agency shall assure that any historic, prehistoric or architectural property identified in an area of effect has been evaluated to determine whether it is a heritage property and whether it is eligible for the register or if it contains paleontological remains. That evaluation shall include the following:

(a) The agency shall seek a written evaluation by the SHPO of whether or not any location qualifies as a heritage property or paleontological remains and, if so:

(i) whether any fossilized remains in question are rare and critical to scientific research; or

(ii) whether any property is eligible for the register.

(b) The SHPO shall provide the agency with a written evaluation of any site as a heritage property, register site or paleontological remains within 15 days of receipt of a request for the evaluation. The time for evaluation may be extended an additional 15 days to a maximum total of 30 days upon request by SHPO and concurrence by the agency.

(1) After an agency has followed ARM 10.121.903 through 10.121.906 and found that no heritage properties or paleontological remains exist within an action's area of effect, the agency may proceed with the action.

(2) If sites within the area of effect are found to be heritage properties but are not eligible for the register, the agency shall follow its own procedures or policies, if any, regarding the protection of heritage values prior to proceeding with the action. In forming those procedures or policies, the agency may consult with entities appropriately concerned with heritage values including recreational, economic development, and travel interests.

(3) If heritage properties eligible for the register or paleontological remains are found to exist within the action's area of effect, the agency shall determine, in writing, whether the action will have an adverse effect on that property and propose mitigation of the effect. If the agency determines that an action will have an adverse effect, it shall prepare a written explanation of why one or more of the actions in (3) (a) through (d) has been chosen and how it will be carried out. In determining mitigation the agency shall solicit the opinions of interested parties and may otherwise collect public comment on the protection of heritage property or paleontological remains in the area of effect as to:

(a) protecting the heritage values of the heritage property or paleontological remains by avoiding that property;

(b) abandonment of the proposed action;

(c) modification or redesign of the proposed action to avoid or lessen adverse effects or mitigate harm or alteration through any method including:

(i) relocating the action;

(ii) incorporating the heritage property or paleontological remains into the action in a useful way;

(iii) inviting private, commercial, non-profit, governmental or other interests to use the historic property in productive ways;

(iv) scientific excavation of archaeological or paleontological deposits;

(v) recordation of heritage properties prior to their removal or alteration;

(vi) production of a public education program about the property; or

(d) continuance of the project with no avoidance or mitigation measures.

(4) If, upon completion of its assessment of action impact the agency finds the action to have adverse effects, the agency shall forward a statement of its decision in a single page mitigation plan to the SHPO for review and comment. Mitigation plans shall address whether or not the properties might be utilized for practical purposes in that they:

(a) possess the potential for promotional, commercial, recreational or other uses which may provide economic gain to citizens of the state or use by units of government;

(b) embody educational information which may be applied to instruct children or adults in aspects of Montana's history or prehistory;

(c) have social associations which illustrate the interaction and behavior of people in Montana's history or prehistory;

(d) possess attributes which support the appreciation of heritage values through sightseeing, photography, painting or other means of personal experience or artistic expression;

(e) have cultural associations which illustrate and contribute to the understanding of human cultures; or

(f) contribute to the understanding of paleontological resources.

(5) The SHPO will review and comment on the agency's assessment of action impacts and mitigation plan in accordance with 22-3-430, MCA, within ten days of receipt of a request for comment.

(6) If the SHPO does not concur with the agency's assessment of action impacts and mitigation plan, the agency and the SHPO may attempt to resolve the difference. If the agency and SHPO cannot agree, the agency shall decide how to proceed, notify the SHPO upon making that decision and document its decision in writing for the action file. The agency shall provide the SHPO with a copy of its final decision.

(1) If historic or prehistoric properties or paleontological remains are identified during the course of the action the agency shall, in accordance with 22-3-435, MCA, notify the SHPO immediately, provide information on the property and stop any work that could harm the property. The SHPO shall assess the property's value as a heritage property or paleontological remains within two days. The time for evaluation may be extended upon request by SHPO and concurrence by the agency. The agency shall subsequently consider any adverse effects on heritage properties according to ARM 10.121.907(1) through (3) and report its mitigation plan to the SHPO immediately upon completion of that plan.

(1) The review of actions under 16 USC 470(f) (1996) shall constitute compliance with those sections of 22-3-424 and 22-3-430, MCA, which deal with heritage properties eligible for the register. Section 16 USC 470(f) (1996) is hereby incorporated by reference. Copies may be obtained free of charge from the State Historic Preservation Office, 1410 Eighth Avenue, Helena, Montana 59620; telephone (406) 444-7715.

(1) The SHPO may request an advisor or group of advisors to assist the SHPO in protecting paleontological remains in accordance with state statute and these rules. Such advisor or advisory group may participate in any of the activities assigned the SHPO in protecting paleontological remains through memorandums of agreement between the SHPO and paleontological institutions.

(1) For a specific action or for a specific type of action, the agency may propose different procedures from those described in ARM 10.121.901 through 10.121.907 to the SHPO.

(2) The SHPO will respond to such request within 20 days of the receipt of a request.

(3) Procedures agreed to by both the agency and the SHPO for a specific action or specific types of actions may be incorporated into a memorandum of agreement, signed by both parties.

(1) The state historic preservation officer shall prepare and make available the criteria for granting antiquities permits and the applications for antiquities permits provided for under 22-3-432, MCA, using 36 CFR 61 as a guideline. The state historic preservation officer may designate a state archaeologist, a state paleontologist and/or a state historical architect to assist with the management of antiquities permits and the protection of heritage values.

(2) Applications for antiquities permits will be submitted by applicants to the state agency responsible for the management of lands owned by the state. Upon review, the state agency will forward the application for an antiquities permit with the agency's comments and recommendations to the SHPO.

(3) Antiquities permits shall be granted or denied to the applicant by the SHPO within 15 days of receipt of an application containing all needed information by the SHPO. A copy of the granted or denied antiquity permit will be forwarded by the SHPO to the state agency.

(4) No antiquities permit will be required for the purpose of identifying and recording heritage properties and paleontological remains on state-owned lands when such activities will not result in the excavation, removal or restoration of heritage properties or paleontological remains.

(5) Antiquities permits shall specify the means by which the state will protect artifacts, features, objects or paleontological remains excavated or removed in the course of the permitted work.

(1) The agency shall deposit with the SHPO all inventory reports and other pertinent documents, maps, photographs, and site forms generated in the course of complying with 22-3-421 through 22-3-441, MCA.

(1) Agencies, federal agencies or state entities requesting consultation with the SHPO under 22-3-429, MCA, shall make such requests in writing to the SHPO and shall specifically reference the statute under which the request is made.

(2) Reviews of such actions shall follow the procedures in 22-3-429 and 22-3-430, MCA.

(1) In instances in which an individual's right to privacy clearly exceeds the merits of public disclosure of information or documents submitted to an agency for decision making under this chapter, the agency may assert the individual's right to privacy and refuse to permit public disclosure.

(2) If an interested party has information or documents in which they claim a right to privacy, the interested party may request a confidentiality review from the agency. In requesting a confidentiality review, the interested party shall submit to the agency a written general description of the private information or documents and shall assert all bases on which the right to privacy exists. The written submittal shall demonstrate how the demand of individual privacy clearly exceeds the merits of public disclosure by showing the person involved has an actual expectation of privacy and that society is willing to recognize that expectation as reasonable.

(3) Within five days of receiving the written submittal, the agency will notify the interested party whether the agency will assert the interested party's right to privacy in that the privacy interests clearly exceed the merits of public disclosure of the information or documents.

(a) If the agency decides to assert the right to privacy on behalf of the interested party, and the interested party submits information or documents to the agency, each page or item of the submittal must be clearly marked or identified as confidential. The agency will treat the information or documents so marked or identified as confidential and assert the interested party's right to privacy in the information or documents in response to a request for public information.

(b) If the agency decides not to assert the right to privacy on behalf of the interested party and the interested party provides the information or documents to the agency, the interested party waives the right to privacy by providing the information to the agency.

(1) SHPO standards, procedures, and guidelines shall be referenced in SHPO recommendations when required by statute or rule. The standards and guidelines used by the national park service of the United States department of the interior and the advisory council on historical preservation are, in part, the standards and guidelines to be used to identify and protect heritage properties eligible for listing on the register, and are hereby incorporated by reference. These are:

(a) the secretary of the interior's standards for archaeology and historic preservation located at: 36 CFR 60 (1997) , 36 CFR 61 (1997) , 36 CFR 63 (1997) , 36 CFR 65 (1997) , 36 CFR 67 (1997) , and 36 CFR 79 (1997) ;

(b) the secretary of the interior's standards for the treatment of historic properties, as they existed on July 30, 1998;

(c) the secretary of the interior's standards for rehabilitation and guidelines for rehabilitating historic buildings, as they existed on July 30, 1998;

(d) the national park service, national register bulletin series (technical information on comprehensive planning, survey of cultural resources, and registration in the national register of historic places) , as they existed on July 30, 1998; and

(e) Advisory council regulations, 36 CFR 800 (1997) .

(2) Copies may be obtained free of charge from the State Historic Preservation Office, 1410 Eighth Avenue, Helena, Montana 59620; telephone (406) 444-7715.