(1) Projects will be undertaken only when, in the judgment of the department, the lessee has a record of good management of the land or shows evidence of improving the management of the land in order that maximum development can be achieved.

(2) In carrying out the above objectives, all assistance available from other state or federal agencies will be utilized.

(3) Agreements between the state and the lessee will be prepared to cover such details as work to be done, when, where and how it will be done and by whom. The state may also enter into joint contracts or agreements with other individuals if necessary for full development of the resource.

(4) The department will contract for goods and services required in project development and will call for bids under the department of administration when required.

(5) The department will make a land capability survey or resource inventory before and after a development or an improvement is undertaken.

(6) Before an irrigation development is started, a soil survey and topographic survey must be made. A study to show water availability and quality as well as balance between land and water must also be made. A complete investigation of water rights will be made.

(7) Where vegetative practices are employed, a study of the location, rainfall, soil and topography will be made to ascertain the probable results of such practices. Other considerations would be the probability of reinfestation of brush and weeds, the likelihood of reseeding by desirable species, and the practicability of deferring the land while it recovers.

(8) Conservation of wildlife habitat will be a consideration in any project undertaken. Every effort will be made to preserve existing habitat and wherever feasible plans for increased cover and feed will be incorporated into the projects.

(9) Certain areas of state land can be readily adapted to recreational purposes. In developing these areas consideration will be given to multiple use of the state land.

As used in these rules, the following terms shall have the meanings indicated, except where the context otherwise requires:

(1) "Application" means a written request, submitted to the board or the department, for the purpose of acquiring an interest in lands controlled by the board.

(2) "Articles of dedication" means the documents presented to the board, by the department, which form the basis for designating a state natural area.

(3) "Board" means the board of land commissioners.

(4) "Certificate of designation" means a legal document, issued by the board, expressing the official designation of a state natural area.

(5) "Council" means the state natural areas advisory council as appointed by the governor in accordance with 2-15-122, MCA.

(6) "Department" means the department of natural resources and conservation.

(7) "Managing entity" means any state, federal, or local governmental agency, department, board, individual, citizens' organization, or commission which accepts, and is recognized by the department as qualified to fulfill, the responsibility for managing a state natural area, as prescribed by the Montana Natural Areas Act of 1974, these rules, and the master plan.

(8) "Master plan" means a plan prepared by the department, with the aid of the managing entity, that sets forth in specific detail the purpose, character, RESOURCES, management, and other considerations, for the protection and use of an individual state natural area.

(9) "Montana Natural Areas Act of 1974" is that act codified as Title 76, chapter 12, part 1, MCA.

(10) "Nominating party" means an individual, government agency, research group, citizens' organization or any other interested party which recommends, to the department, an area for designation as a state natural area.

(11) "Proposal" means a written request, submitted to the board or the department to gain the necessary authority to initiate a development project or other activity which would alter the existing characteristics or nature of lands controlled by the board.

(12) "Significant actions" means a land use activity which, if initiated, would produce obvious visual changes in the natural characteristics of land.

(13) "State natural area" means an area established in accordance with these rules and the Montana Natural Areas Act of 1974, which is subsequently within the administrative jurisdiction of the board. These areas of land must generally appear to have been affected primarily by the forces of nature with the visual aspects of human intrusion not dominant, and also must have one or more of the following characteristics:

(a) an outstanding mixture or variety of vegetation, wildlife, water resource, landscape and scenic values;

(b) an important or rare ecological or geological feature or other rare or significant natural feature worthy of preservation for scientific, educational or ecological purposes;

(14) "Unalterably preclude" means that the severity of the consequences of a human action are such that they will not be readily reclaimed through the natural processes of nature nor through minor, man induced, restoration efforts.

(1) A state natural area may be established on any parcel of land on which sufficient interest can be acquired, by any lawful means, to an extent that the administrative jurisdiction of the board will provide for the protection of the area in accordance with the Montana Natural Areas Act of 1974, this sub-chapter, and the master plan which is promulgated for the area.

(1) All administrative acts which are required to propose the designation of and maintain each state natural area, and a state-wide system of state natural areas, shall be the department's responsibility.

(2) The department shall make annual inspections on each state natural area, and record its findings in an attempt to determine what prudent and necessary changes are needed in the master plan. The integrity of the state natural area will be assessed, in this inspection, to determine if the area is being maintained in accordance with the Montana Natural Areas Act of 1974, this sub-chapter, and the master plan.

(3) Should a managing entity fail to manage the state natural area in accordance with the Montana Natural Areas Act of 1974, this sub-chapter, and the master plan, the department shall undertake such actions as are necessary for the maintenance and protection of the state natural area.

(4) The department will include, as an additional consideration in its review process for land use decisions, a review of all applications and proposals for significant actions which would unalterably preclude the designation of a potential state natural area. Should this preliminary review indicate that the affected area possess characteristics which could qualify it for designation as a state natural area, the department will conduct or acquire all of the resource evaluations and information which it considers necessary for determining if the site should be proposed for designation as a state natural area. This evaluation will be completed within a period of 1 year from the initial date of the application or proposal. Should this evaluation indicate that the area in question qualifies for designation as a state natural area, the application or proposal shall not be granted or approved. The department shall maintain a file summarizing the actions taken to fulfill this duty.

(5) In the event that the department becomes the managing entity of a state natural area, it will also fulfill all of the duties of the managing entity as herein required.

Every state natural area shall have a managing entity. The primary duties of the managing entity are as follows:

(1) to maintain the integrity of the state natural area and retain as nearly as possible all of the natural attributes of the site;

(2) to assure that the use of the state natural area is consistent with the intent of the Montana Natural Areas Act of 1974, the requirement of this sub-chapter, and that the master plan is fulfilled in its entirety.

(1) There shall be a master plan for each state natural area. The master plan shall set forth in detail the responsibility for the management of an individual state natural area. Each master plan shall be reviewed by the council and the managing entity and be approved by the board.

(2) As a minimum, each master plan shall include the following management practices:

(a) use of state natural areas shall be allowed only to such an extent and in such a manner as will not impair nor substantially alter the natural conditions. The use tolerance of each portion of the state natural area shall be defined, and access and use shall be confined as dictated by this carrying capacity.

(b) Each state natural area shall have a managing entity as designated by the department. The specific duties applicable to each area and the form of agreement between the managing entity and the department shall be included in the master plan.

(c) The managing entity shall submit such reports as are required by the department. Such reports shall include, but not be limited to:

(i) recommended changes of management practices in the master plan;

(ii) significant influences affecting natural conditions;

(iii) beneficial or adverse trends; and

(iv) a complete account of all research activities which have occurred on the site.

(d) The master plan shall describe and restrict the structures and facilities which may be included on a state natural area. Pre-existing and proposed land uses which do not conform to the Montana Natural Areas Act of 1974, these rules, and the theme on which establishment of the area was predicted will be prohibited, within the constraints of prior legal obligations, by the master plan.

(e) The master plan shall prescribe appropriate land management practices including, but not limited to, scenic and landscape management; vegetation and wildlife management; the elimination of public injury obstructions; the purposeful removal or introduction of objects, vehicles, domestic animals, or water; and the regulation of erosion, disease, insects, and fire.

(f) Permits for research or collecting on each state natural area shall be required as specified in each master plan.

(g) The master plan may be amended upon the board's approval. The department will notify the council of amendments at least 20 days prior to this action.

(1) The water and mineral rights to all designated state natural areas should be held, whenever feasible, by the state of Montana to adequately protect the area. However, potential state natural areas shall not be eliminated from consideration if it is not feasible to acquire such rights, unless they are an essential prerequisite for protection of the area.

(1) Prior to the designation of a state natural area an opportunity for public comment will be afforded at public meetings held within the county of the proposed area, at a time specified by the department. All land owners and lessees directly involved in the designation shall receive written notification of such meetings by certified mail. Public notification of such meeting shall be published for two consecutive weeks, prior to the meeting, in one statewide newspaper, and for an equal period of time in a local newspaper in the vicinity of the proposed site. Appropriate local governing agencies will also be notified of the meeting.

(1) There shall be at least two board meetings each year for receipt of written and oral testimony on the board's proposed designation of state natural areas. Written testimony shall be acceptable if submitted to the board one week prior to the date of the board meeting. Any written testimony submitted after this time may be utilized at the discretion of the board.

(1) The department shall propose the designation of a state natural area by submitting the articles of dedication to the board. The articles of dedication shall include, but not be limited to:

(a) a description of the characteristics which qualify the area as a state natural area. This description will include all data collected by qualified specialists, and will explain the rationale for the preservation of the area;

(b) a legal description of the area including the resources located on the area;

(c) a master plan for the area;

(d) a copy of any agreements necessary to acquire or establish the state natural area; and

(e) a summary of the comments received at the public meeting.

(2) Approval of the articles of dedication, by the board, will constitute the designation of a state natural area. Designations which require an acquisition of interest in the land will become effective upon completion of such acquisition. Upon designation, the board shall present the managing entity, the department, the council and the nominating party with a copy of the certificate of designation.

(1) At appropriate times the department, with the cooperation of the council, may publish informational brochures for the purpose of furthering public awareness and understanding of state natural areas and their preservation.

(1) The classification of a state natural area, designated by the board, to an alternative status, or the reclassification of these areas in accordance with 77-1-401, MCA, shall be undertaken only with the board's approval. The required criteria for removing this designation are as follows:

(a) the area in question has experienced a significant change in those natural characteristics which prompted the designation of the area;

(b) the degree of this change is of such an extent that the definition of a natural area, as described in 76-12-104(4) , MCA, is no longer applicable to the area; and

(c) it has been demonstrated that the restoration of the area, to a condition near to that which existed at the time of designation, is not a reasonable nor a desirable action complimentary to the legislative intent of 76-12-103, MCA.

(2) Prior to the declassification of a state natural area, as herein described, public notice shall be given and an opportunity for citizen's comments must then be afforded at a public hearing held within the county in which the state natural area is located. In addition, the provisions of this rule shall not be administered in such a manner that the prohibitions of 76-12-110 and 76-12-111, MCA, are compromised.