This rule has been repealed.

(2) Description. Open-space areas of unique scenery or other outstanding natural features of an aesthetic, historical, geological, archaeological, or scientific nature. State parks will be selected on the basis of these inherent characteristics without regard to geographic location.

(3) Development and management. Development of roads and desirable facilities will be planned with precise and sensitive regard for all natural features and without impingement upon the visitors' aesthetic and intellectual sensibilities. Management will be directed toward retention of state parks in as near a natural condition as possible, without impairment of ecological features and values.

(2) Description. Contain natural or artificial resources which provide outdoor recreational opportunities which will attract visitors from beyond the local area. They may be located in areas which have serious deficiencies in public outdoor recreation facilities, provided that state recreation areas should not be furnished in lieu of municipal, county, or federal facilities.

(3) Development and management. Protection of the natural environment and aesthetic qualities should be paramount except development for intensive use may require alteration of the natural environment, although the aesthetic qualities of the areas will be retained to the greatest degree possible by careful planning and construction of facilities.

(2) Description. Sites of optimum form and size for the protection and enhancement of the objects, features, or places concerned, including adequate space for parking, if appropriate, and other accommodations for anticipated day-use.

(3) Development and management. Standard facilities will be access, parking, sanitation, and water. Other service facilities may be added if required. Overnight camping will ordinarily not be allowed. Development may also include restoration of historical structures, etc., and installation of protective devices. Maximum benefit to visitors may be achieved by providing museums, outdoor dioramas, and other interpretive exhibits.

(2) Description. Rivers or streams, generally undeveloped, possessing outstanding scenery or important historical features and susceptible to increasingly heavy recreational use.

(3) Development and management. Accommodations for day-use, camping, floating, fishing, or other recreational activities will be provided. Public areas for lunch stops and overnight camping will be conveniently distributed along the course, allowing leisurely floats from one area to the next in four hours or less. Development will also include wells for drinking water where necessary. Management will primarily involve maintenance of public areas and identification of visitor sites and points of historical or geological interest.

(2) Description. Roads or trails along or through high-quality recreational resources where recreational opportunities are dispersed. The roads or trails may be under the control of a private person or other governmental agency or subdivision if there is no conflict in uses, such as a highway with relatively little traffic.

(3) Development and management. Basic user conveniences, informational signing, and access to adjacent recreational opportunities may be appropriately located along the road or trail. Natural environment and aesthetic qualities should be cautiously protected in designation of state recreation roads and trails.

(2) Description. Areas adjacent to high-quality fishing waters accessible by an existing or acquired public right-of-way and of adequate size to permit practical use of the waters concerned for fishing and, when appropriate, other water-based recreation.

(3) Development and management. Accommodations will consist of facilities for day-use, and in certain cases, overnight camping. Boat-launching ramps, road-building, and fencing may be necessary. Management will involve proper identification of the site and maintenance of public right-of-way and service facilities.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(a) The Montana State Golden Year's Pass may be used only by the person to whom the pass is issued.

(b) Any person who camps overnight in a state administered fee camping recreation area, state park, or fishing access site after having entered in a vehicle bearing a Montana Golden Years Pass shall obtain an overnight camping permit if the recipient of the Golden Years Pass is not a passenger or driver of that vehicle.

(2) Replacement of pass and additional purchase:

(a) Any person who has been issued a Montana State Golden Years Pass for display on a vehicle which is subsequently sold or disposed of, or where the decal is otherwise required to be replaced, may be issued a substitute decal upon surrendering the remainder of the original decal to the department or its authorized representative.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) "Department" means the department of fish, wildlife, and parks.

(2) "SHPO" means the state historic preservation office of the Montana historical society.

(3) "Project" means any undertaking, including land disposal, which is likely to alter or affect the attributes of the heritage property which contribute to its heritage value.

(2) At specified stages within the following procedure, SHPO response to the department is required. If the SHPO fails to respond in the times described in this rule, the department may assume that the SHPO agrees with the department position and the department may move forward with the project.

(2) The administrator of each department division is responsible for assuring compliance with this part when projects involving his division may affect heritage properties on paleontological remains. Each division shall bear routine costs of administration related to compliance with this rule.

(1) If a project involves land on which no structures exist, the department shall provide the SHPO with information on legal location of the proposed project, the nature of previous land use, the slope and vegetation on the ground surface, and, briefly, the nature and scope of the proposed project. If a project would change or remove a building, the department shall provide the SHPO with information on legal location, a photograph of the building(s) , a brief description of the proposed project, and when available, dates of building construction, information on building use and changes to the building over time. If a project would affect both vacant land and buildings, including construction of new buildings adjacent to old buildings, the department shall provide the SHPO with all of the information outlined above.

(2) If a project affects vacant land, the SHPO shall provide the department with information on known historic, architectural, and prehistoric resources in the area, the likelihood of unknown historic, architectural, and prehistoric resources in the area, and whether a previous cultural resource survey has occurred in the impact area. The SHPO shall recommend as to the need for, kind of, and appropriate methods for survey. If a project involves a building, the SHPO shall inform the department about whether any building has been recorded previously or if its historic and architectural value has been assessed. If recordation and evaluation have not occurred, the SHPO shall recommend and describe the historical information, photographs, or description to be used to assess the building. The SHPO shall provide its recommendation to the department within ten working days of the SHPO's receipt of a request for it. Assessment comment period may be extended an additional five working days to a maximum total of 15 working days upon request by SHPO and concurrence by the department.

(3) Upon receipt of the information and recommendations from the SHPO, the department shall determine what additional action is necessary to fulfill its responsibility to identify Montana heritage properties in the project's impact area.

(4) If the department does not follow the SHPO's recommendation, it shall document its decision and justification in the project file. A copy of the documentation will be forwarded to the SHPO.

(a) The department shall seek the SHPO's written assessment of whether the property qualifies as a heritage property.

(b) The SHPO shall provide the department with a written assessment of any site's value as a heritage property within ten working days of receipt of a request for the assessment. Assessment comment period may be extended an additional five working days to a maximum total of 15 working days upon request by SHPO and concurrence by the department.

(2) Any heritage properties identified on land owned or controlled by the department shall be considered for nomination to the National Register of Historic Places.

(2) If heritage properties exist within the project's area of potential impact, the department shall determine, in writing, whether the project will alter or affect the attributes of the site which contribute to its heritage value and whether such alteration will be substantial. If the department determines that a project will substantially alter attributes of value to heritage properties, it shall prepare a written explanation of why one or more of the actions has been chosen and how it will be carried out:

(a) abandon the proposed project;

(b) modify or redesign the proposed project to avoid or lessen harmful impacts;

(c) mitigate harm or alteration through any method including recordation, excavation, other further documentation; or

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

(3) Upon completion of its assessment of project impact and selection of the proposed action, the department will forward its determination to the SHPO for review and comment.

(4) The SHPO will review and comment on the department's assessment of project impacts and proposed actions within ten working days of receipt of a request for comment.

(5) If, the SHPO does not concur with the department's assessment and proposal the department and the SHPO will, attempt to resolve the difference. If the department and SHPO cannot agree on the SHPO recommendation the department shall decide how to proceed and shall document its decision in writing for the project file. The department shall provide the SHPO with a copy of its final decision.

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

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

(1) The SHPO will provide the department with its recommendation on whether the permit should be granted based on the requirements of Section 22-3-432 , MCA.

(2) The department shall review the permit based on its management constraints for the site. With the concurrence of the SHPO it will send the permittee an approved permit only if the proposed work will not interfere with department management.

(3) The department may allow surveys of department lands for the purpose of identifying possible heritage property or paleontological remains without requiring the securing of an antiquities permit. Such surveys will not remove or disturb heritage properties or paleontological remains. The results of such surveys will be made available to the department and SHPO.

(a) new roadways or trails built over undisturbed land;

(b) new buildings constructed (with the exception of vault latrines and other buildings under 100 square feet) ;

(c) any excavation of 20 cubic yards or greater;

(d) new parking lots built over undisturbed land or the expansion of an existing lot that increases the parking capacity by 25% or more;

(e) any new shoreline alteration that exceeds a double wide boat ramp or handicapped fishing station;

(f) any new construction into lakes, reservoirs or streams;

(g) any new construction in an area with National Registry quality cultural artifacts (as determined by the state historical preservation office) ; and,

(h) any new above ground utility lines.

(i) any increase or decrease in campsites of 25% or more of the existing number of campsites.

(2) All proposed improvement or development projects will be evaluated on a case-by-case basis to determine if they would significantly change park or fishing access site features or use patterns, including the cumulative effects of a series of individual projects.

(a) the "capacity for development" referred to in 23-1-110 (2) (b) , MCA, which is further defined as the physical capacity of the site to withstand the proposed modifications and shall include the likely impacts on the resource. Specific items to be considered include the site's soil, water, terrain, natural features and all practicable ways to preserve site aesthetics;

(b) the impacts to the physical and human environment;

(c) compliance with the Montana Environmental Policy Act;

(d) projected operation and maintenance costs and funding sources over the useful life of the proposed improvements under the following assumptions or conditions:

(i) the life expectancy used in the analysis of the proposed improvements will not exceed 25 years; and

(ii) when sites generate income, that information shall be part of the analysis;

(e) information on the natural, cultural and historic features present on the site;

(f) the impacts, both positive and negative, that the site improvement or development will likely have on tourism where:

(i) tourism is defined as the guidance or management of tourists, who are individuals who make tours for pleasure or education; and,

(ii) site development projects will be sent to the department of commerce with a request for review as to the impacts on the tourism economy;

(g) how the proposed improvement or development project relates to long range department plans;

(h) desires of the public as expressed to the department, including comments received by the department which may be on file or user surveys; and

(i) site specific modifications as they relate to the park or fishing access site system as a whole.

(1) The public notification requirement of 23-1-110 , MCA shall be met by:

(a) Notice describing the proposed modification and comment period shall be published twice in local newspaper, the newspaper of the state capital, and on the state's electronic bulletin board. In addition, a statewide press release shall be sent to the print and broadcast media.

(b) The public notice shall detail the nature of the development or improvements, and state whether the department intends to hold a public meeting. If the department does not intend to hold a public meeting, an opportunity for a public meeting will be granted if requested by any one within the comment period provided in the notice. If such a request is made, notice of public meeting shall be published as provided in (1) (a) .

(c) In the event a public meeting is held, it may take the form of:

(i) open houses;

(ii) informal hearings;

(iii) facilitated interactions; or

(iv) department presentations.

(d) The public shall be given the opportunity to submit verbal and written comments during the public meeting and to submit written comments for 30 days following the last publication of the notice provided in (1) (a) .

(e) Mail-in comments shall be addressed to:

Montana Department of Fish, Wildlife and Parks

Design and Construction Bureau

P.O. Box 200701

Helena, Montana 59620-0701

(f) Comments shall be summarized and included in the final report; and

(g) Concerns shall be addressed in the final report without regard to whether they result in modifications of the final project plan.

(1) The department hereby designates certain fishing access sites as "primitive fishing access sites." The primary purpose of a fishing access site (FAS) owned or controlled by the department is to provide public access to public waters. Many of these sites should have a low level of development in keeping with their primary purpose. Therefore, future developments of primitive sites will be commensurate with the department's ability to maintain the sites for the primary purpose of providing access to public waters.

(1) The following sites are designated as primitive fishing access sites within Region 1:

(a) Blanchard Lake;

(b) Bootjack Lake;

(c) Ducharme;

(d) Horseshoe Lake - Ferndale;

(e) Loon Lake - Ferndale;

(f) McKay Landing;

(g) Skyles Lake;

(h) Swan River.

(1) The following sites are designated as primitive fishing access sites within Region 2:

(a) Bass Creek;

(b) Cedar Meadows;

(c) Erskine;

(d) Forest Cooper;

(e) K.Ross Toole;

(f) Kohrs Bend;

(g) Marco Flats;

(h) Natural Pier;

(i) Poker Joe;

(j) Schwartz Creek;

(k) Scotty Brown Bridge;

(l) Tamarack Creek;

(m) Turah.

(1) The following sites are designated as primitive fishing access sites within Region 3:

(a) Alder Bridge;

(b) Blackbird;

(c) Brogan’s Landing;

(d) Cardwell;

(e) Chicory;

(f) Corrals;

(g) George Grant Memorial;

(h) Greenwood Bottoms;

(i) Grey Owl;

(j) High Bridge;

(k) Highway 89;

(l) Kalsta Bridge;

(m) Kirk Wildlife Refuge;

(n) Kountz Bridge;

(o) Mayflower Bridge;

(p) McAtee Bridge;

(q) Notch Bottom;

(r) Parrot Castle;

(s) Pennington Bridge;

(t) Pine Creek;

(u) Point of Rocks;

(v) Powerhouse;

(w) Queen of the Waters;

(x) Slip & Slide;

(y) Williams Bridge.

(1) The following sites are designated as primitive fishing access sites within Region 4:

(a) Carroll Trail;

(b) Dearborn;

(c) Dunes;

(d) Eagle Island;

(e) Hardy Bridge;

(f) Lichen Cliff;

(g) Loma Bridge;

(h) Lower Carter Pond;

(i) Prickly Pear;

(j) Spite Hill;

(k) Truly Take-Out;

(l) Upper Carter Pond;

(m) White Bear.

(1) The following sites are designated as primitive fishing access sites within Region 5:

(a) Absaroka;

(b) Beaver Lodge;

(c) Bridger Bend;

(d) Bull Springs;

(e) East Bridge;

(f) Homestead Isle;

(g) Horsethief Station;

(h) South Hills;

(i) Weymiller.

(1) The following sites are designated as primitive fishing access sites within Region 6:

(a) Bjornberg Bridge;

(b) Faber Reservoir;

(c) Whitetail Reservoir.

(1) The following sites are designated as primitive fishing access sites within Region 7:

(a) Broadus Bridge;

(b) Diamond Willow;

(c) Elk Island;

(d) Fallon Bridge;

(e) Seven Sisters;

(f) Twelve Mile Dam.

(1) The following management and development limitations will be applied to primitive fishing access sites. All new or future developments or improvements for primitive fishing access sites are limited as provided in this rule:

(a) no perimeter fencing unless necessary for the security of the site or to prevent conflicts off the site;

(b) access roads will be maintained in a condition which will prevent the degradation of the site and provide appropriate vehicular passage;

(c) no paved roads or paved parking areas;

(d) sign designating site and directional sign from the nearest public road and secondary highway;

(e) no latrine unless necessary for health and sanitation reasons as determined by the regional fishing access site manager or the local county sanitarian. Replacement latrines shall be allowed at all sites where latrines presently exist;

(f) no potable water will be developed or provided;

(g) boat ramp development must be limited to a single lane ramp only;

(h) no developed camping or picnic areas;

(i) barriers may be installed or placed to prevent unauthorized off-road travel at the site;

(j) standard regulation, public safety, and interpretive signs may be placed at the site.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.