22-3-811. Disposition of fees, grants, and donations
22-3-811. Disposition of fees, grants, and donations. There is an account in the state special revenue fund. The board shall deposit any fee, grant, or donation received under 22-3-804 into the account to be used to pay the board’s expenses. History: En. Sec. 13, Ch. 748, L. 1991; amd. Sec. 2, Ch. 99, L. 2015.
22-3-901. Short title
22-3-901. Short title. This part may be cited as the “Montana Repatriation Act”. History: En. Sec. 1, Ch. 558, L. 2001.
22-3-902. Legislative findings and intent
22-3-902. Legislative findings and intent. (1) The legislature of the state of Montana finds that: (a) since July 1, 1991, and passage of the Human Skeletal Remains and Burial Site Protection Act, Montana law has provided a mechanism to protect marked, unmarked, unrecorded, registered, or unregistered graves or burial grounds discovered on state and private land from […]
22-3-804. Board — composition — rights — responsibilities
22-3-804. Board — composition — rights — responsibilities. (1) There is a burial preservation board. The board is composed of: (a) one representative of each of the federally recognized Indian tribes in Montana, appointed by the governor from a list of up to three nominees provided by each of the respective tribal governments; (b) one person appointed by […]
22-3-805. Discovery — reporting requirements — field review
22-3-805. Discovery — reporting requirements — field review. (1) A person who by archaeological excavation or by agricultural, mining, construction, or other ground-disturbing activity discovers human skeletal remains, a burial site, or burial material shall immediately notify the county coroner. Failure to notify the county coroner subjects a person to the penalty provided in 22-3-808. (2) Upon […]
22-3-806. Scientific analysis — permit required
22-3-806. Scientific analysis — permit required. (1) Although onsite reburial is preferred, the board may, upon petition by a person seeking permission to perform scientific analysis, grant a permit for the scientific removal and analysis of human skeletal remains and burial material upon proof and determination by the board that the analysis is scientifically justifiable. A […]
22-3-807. Nondisclosure of records
22-3-807. Nondisclosure of records. (1) The state historic preservation officer, in consultation with the board, shall maintain burial site records that are separate and distinct from those in the cultural resource registry and that are necessary to administer this part. (2) Burial site records are confidential and available only to criminal justice agencies or to federal, state, […]
22-3-808. Prohibited acts — penalties
22-3-808. Prohibited acts — penalties. (1) After July 1, 1991, unless authorized under this part or by the descendants, tribe, cultural group, or other person, group, or entity to which the board gives control of the human skeletal remains or burial materials under 22-3-805, a person may not: (a) purposely or knowingly pilfer, disturb, destroy, or permit […]
22-3-809. Civil penalty and damages actions
22-3-809. Civil penalty and damages actions. (1) This part does not preclude civil actions for damages. (2) The board may bring an action under 22-3-808 for a civil penalty. History: En. Sec. 9, Ch. 748, L. 1991.
22-3-521. Limitation on action against the museum
22-3-521. Limitation on action against the museum. (1) No action may be brought against a museum for damages because of injury to or loss of property loaned to the museum more than 3 years from the date the museum gives the lender notice of the injury or loss or 10 years from the date of the […]