The department shall identify all heritage properties that are located on department lands within the area affected by a proposed project. The department shall use the following procedure to determine what known historic, architectural, or prehistoric properties exist within a project area and how unknown or unevaluated resources should be discovered:

(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.