36.2.807    DISCOVERY OF ANTIQUITIES AFTER COMMENCEMENT OF PROJECT

(1) As is required in part by 22-3-435, MCA, a person who discovers antiquities on state lands administered by the department or who finds that an operation licensed or otherwise entitled by the department may damage antiquities on state lands administered by the department shall immediately cease any activity that may affect the antiquities, promptly report the discovery or finding to SHPO and the department, and take all reasonable steps to preserve the antiquities.

(2) If a determination that no antiquities are present was made prior to commencement of a project, but possible antiquities are subsequently discovered during implementation of the agency action, the department shall:

(a) cause work on the project that could alter the possible antiquities to immediately halt and not resume until the consultation process is completed;

(b) conduct a preliminary evaluation to determine whether the properties identified are antiquities and, if so, appropriate protection or mitigation measures;

(c) notify SHPO of the discovery and request concurrence with preliminary evaluations and any mitigation measures proposed.

(3) If the department does not receive a response from SHPO within five working days, the department may consider the consultation complete and may resume the project with whatever mitigation or protective measures it considers appropriate. The department may extend this deadline for these assessments that involve large or complex discoveries.

(4) If SHPO files with the department within five days an assessment identifying antiquities, the department shall follow the procedures for the consideration of antiquities contained in ARM 36.2.804 prior to resumption of the project.

History: 22-3-424, MCA; IMP, 22-3-435, MCA; NEW, 1986 MAR p. 953, Eff. 5/30/86; TRANS, from DSL, 1996 MAR p. 771.