(b) The Federal land manager may issue a permit upon determining that:

1. (1) The applicant possesses the qualifications required by § 49.110;
2. (2) The permitted activity and any collection that would be made under the proposed permit would further paleontological knowledge, public education, or management of paleontological resources;
3. (3) The permitted activity would be consistent with the purpose and management objectives defined for the Federal land;
4. (4) The permitted activity would be conducted in a manner that would avoid or minimize adverse effects to significant natural or cultural resources; and
5. (5) An approved repository has confirmed in writing that it is willing to accept the collection in accordance with the terms and conditions in the permit.