(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. The notice will be published twice, with at least 6 days separating publication.

(a) Publication must be in a newspaper meeting the following qualifications, except if no newspaper meets these qualifications, publication must be made in a qualified newspaper in an adjacent county. If there is no qualified newspaper in an adjacent county, publication must be made by posting the notice in three public places in the county where the property to be considered for acquisition is located, as designated by resolution of the commission. The newspaper must be:

(i) of general paid circulation with a second-class mailing permit;

(ii) published at least once a week; and

(iii) published in the county where the property to be considered for acquisition is located.

(b) The first publication must be no more than 21 days prior to the hearing and the last no less than 3 days prior to the hearing. The published notice must contain:

(i) the date, time, and place of the hearing;

(ii) a brief statement and description of the property considered for acquisition; and

(iii) the address and telephone number of the person who may be contacted for further information on the hearing or the property.

(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. At the hearing, the public and officials from affected local governments and the state shall be given the opportunity to make written and verbal comments on the proposed acquisition.

(4) The assessment of properties for acquisition will be based upon consideration of the criteria listed in these rules and, where applicable, consideration of comments from affected local government officials, recommendations from professional historians, and comments from the public at large.

(5) 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.