The following definitions shall be used in these rules, unless context clearly indicates otherwise.

(1) "Acquisition" means the purchase by the commission, or any other conveyance, transfer, assignment, gift or devise to the commission of a fee title interest in property. The term acquisition does not include property that is on loan from a person or entity.

(2) "Bovey assets" means the inventory prepared at the time of purchase generally known as the Gordon inventory.

(3) "Commission" means the Montana Heritage and Preservation Development Commission as created by 22-3-1002, MCA.

(4) "Fee title interest" means a fee simple or lesser estate or interest.

(5) "Property" means real and personal property, unless otherwise specifically indicated.

(6) "Personal Property Sales Committee" means the committee charged with reviewing and recommending the sale of personal property to the commission. Membership of the Personal Property Sales Committee shall include an equal number of members of the Montana Historical Society Board of Trustees and commission members.

(1) With respect to each acquisition, the commission must consider:

(a) whether the property represents the state's culture and history;

(b) whether the property can become self-supporting;

(c) whether the property can contribute to the economic and social enrichment of the state;

(d) whether the property lends itself to programs to interpret Montana history;

(e) whether the acquisition will create significant social and economic impacts to affected local governments and the state; and

(f) other matters that the commission considers necessary and appropriate.

(2) With respect to the proposed acquisition of real property, public notice and the opportunity for hearing will be given in the geographical area of the proposed acquisition.

(3) After notice has been given, the public hearing will be held in the general geographic area where the property considered for acquisition is located.

(4) The commission shall make the final decision as to whether or not to acquire personal property. With respect to the acquisition of real property, the commission shall make the final decision of whether or not to recommend the acquisition to the Board of Land Commissioners.

This rule has been repealed.

(1) All acquisitions conveyed, sold, granted or devised must be made unconditionally to the commission.

(1) In assessing whether the property represents the state's culture and history, and whether the property lends itself to programs to interpret Montana history, the commission may consider the quality of the significance of the property in Montana history including, but not limited to, the property's authenticity and integrity of location, design, setting, materials, and workmanship; its age; and its aesthetic or historic sense of place or period of time. The commission may also consider whether the property:

(a) is associated with events that have made a significant contribution to Montana history and prehistory;

(b) is associated with the lives of a person or persons who were significant in Montana history;

(c) embodies distinctive characteristics of a type, period, or method of construction representing an event, way of life, groups of persons, or trends in Montana history; or

(d) has yielded or is likely to yield information important to Montana history or prehistory.

(1) In assessing whether the property is self-supporting, the commission may consider:

(a) the location of the property and its proximity to population centers, to other areas of historical and popular interest, and to standard tourist routes;

(b) the difficulty or ease in access to the property;

(c) the likelihood of individual, corporate or other financial support;

(d) the estimated cost of restoration, rehabilitation or maintenance of the property;

(e) the degree of popular and educational interest in the property; and

(f) the current and projected revenues and expenses associated with the property.

(1) The commission may consider whether the property is an educational resource for the study and interpretation of Montana history.

(1) These rules do not apply to non-historic properties or property interests sold, leased, granted or otherwise transferred or conveyed to the commission. Property excluded from the procedures in these rules includes real or personal property that is used in the administration and management of historic properties including, but not limited to, office space and equipment, recently constructed buildings for the housing and display of artifacts, and other property purchased or constructed by the commission which does not fall within the type of properties described in 22-3-1001 , MCA.

The following definitions shall be used in these rules, unless context clearly indicates otherwise:

(1) "Commission" means the Montana Heritage Preservation and Development Commission as created by 22-3-1001, et seq., MCA.

(2) "Covenant" means a restriction on the use of real property that runs with the land.

(3) "Executive Committee" means the committee appointed by the commission chair.

(4) "Fee title interest" means a fee simple estate or interest.

(5) "Personal property" means all property that is not real property.

(6) "Property" means real and/or personal property, unless otherwise specifically indicated.

(7) "Real property" or "real estate" means land, any thing incidental or appurtenant thereto, and any immovable improvements or fixtures attached or affixed to the land, including but not limited to fences, trees, buildings, and stationary mobile homes.

(8) "Sale" means the transfer of ownership of property acquired or managed by the commission, or any other conveyance, transfer, assignment, or devise from the applicable state agency of a fee title interest in property acquired or managed by the commission. Sale does not include property that is on loan to a person or entity.

(1) The following criteria shall receive careful consideration by the commission in evaluating property for proposed sale:

(a) whether the property represents the state's culture and history;

(b) whether the property can become self-supporting;

(c) whether the property can contribute to the economic and social enrichment of the state;

(d) whether the property lends itself to programs to interpret Montana history;

(e) whether the sale will create significant social and economic impacts to affected local governments and the state;

(f) whether the sale is supported by the Director of the Montana Historical Society;

(g) whether the commission should include any preservation covenants in a proposed sale agreement for real property;

(h) whether the commission should incorporate any design review ordinances established by Virginia City or any other community where the commission owns property into a proposed sale agreement for real property;

(i) whether the property lends itself to curation by another entity; and

(j) other matters that the commission considers necessary or appropriate.

�

(1) For those properties approved to proceed to the commission for consideration in accordance with these rules, an opportunity will be provided for the public to comment. A date, time, and location will be established for a public hearing in the geographic area of the proposed sale.

(1) The commission shall prepare a report that addresses the criteria established in ARM 8.112.202. Following review of the information in the report, the commission may vote to proceed to a public hearing for additional comment on the proposed sale. Following a public hearing on the proposed sale, the commission may recommend to the Land Board that a parcel or parcels of real property be sold.

(1) Recommendations to sell personal property:

(a) The Personal Property Sales Committee shall review and recommend the sale of personal property. Such review must consider the criteria in ARM 8.112.202.

(b) The Personal Property Sales Committee shall identify whether the property being considered for sale is from the former Bovey assets acquired by the 55th Legislature (the Bovey assets). All funds from the sale of personal property from the Bovey assets must be placed in a trust fund, and interest from the trust fund must be used to manage, protect, and directly care for the remaining personal property acquired and managed by the commission, as required by 22-3-1003, MCA.

(c) Only those personal property item(s) for which a recommendation to sell is supported by a majority of the Personal Property Sales Committee members shall be forwarded to the Executive Committee or commission for consideration.

(1) The commission is not required to sell any personal property proposed for sale through the procedures described in these rules through the Property and Supply Bureau's Surplus Program, nor is it subject to the bureau's rules for disposal (22-3-1003(8), MCA).

(2) The commission may have the personal property item(s) appraised to determine the dollar value of such items in order to assist the commission in setting the sales price of any personal property item. The commission, in its discretion, may obtain more than one appraisal and may obtain a review appraisal.

(3) The commission shall direct staff to provide for a competitive process for the sale of personal property, including but not limited to auctions, sealed bids, open bids, via web sites established for such a purpose, or any other fair and equitable manner that the commission approves for an item as part of the commission's decision to sell that item.

(4) The commission shall provide public notice of the sale. The notice shall include any requirements of the sale. The commission will endeavor to encourage competition by advertising the sale in advance and in as many locations as practical.

(5) Personal property item(s) will be sold to the highest qualified bidder, but shall not be sold for less than the appraised value. Persons or entities with an established, recognized, and verifiable interest in personal property item(s), such as kin of the original owner or communities with historic connections to the property, may, at the discretion of the commission, be invited to match the highest responsible bid and be awarded the item.

(1) These rules do not apply to the sale of nonhistoric property acquired or managed by the commission. Property excluded from these rules, and subject to all normal state procurement and surplus requirements, includes real or personal property acquired or managed by the commission that clearly and unequivocally does not fall within the type of property described in 22-3-421, et seq. and 22-3-1001, MCA. Such property may include property used in the administration and management of other properties acquired or managed by the commission, including, but not limited to, modern vehicles used to carry out daily work activities; restaurant equipment; washers, dryers, computers, and other appliances; and, nonhistoric office space and equipment. If any such property sold is a Bovey asset, all funds from the sale of that property shall be placed in the Bovey asset trust fund as required by 22-3-1003, MCA.