The department will not permit anyone to excavate, or remove any heritage property or paleontological remains on lands owned or controlled by the department until the person seeking to excavate or remove materials secures an antiquities permit from the SHPO and the department.

(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.