22-3-918. Multiple claims — care and handling of human skeletal remains or funerary objects pending disposition
22-3-918. Multiple claims — care and handling of human skeletal remains or funerary objects pending disposition. If multiple requests for repatriation of human skeletal remains or funerary objects occur and the appropriate claimant cannot be determined, the board shall provide for the appropriate care and handling of the human skeletal remains or funerary objects until: (1) the […]
22-3-919. and 22-3-920 reserved
22-3-919 and 22-3-920 reserved.
22-3-921. Exclusions
22-3-921. Exclusions. The provisions of this part do not apply to any lithic material or other artifacts of nonhuman derivation removed from the Anzick site (known as Montana historical site No. 24PA506) on or before July 1, 1991, regardless of where the material or artifacts are located or by whom the material or artifacts are controlled […]
22-3-917. Appeals — stay of order pending appeal — court costs and attorney fees
22-3-917. Appeals — stay of order pending appeal — court costs and attorney fees. (1) Within 30 days of a board decision regarding human skeletal remains or a funerary object located within the jurisdiction of the state, either party may file an appeal in the district court in the county in which the subject of the […]
22-3-903. Definitions
22-3-903. Definitions. As used in this part, the following definitions apply: (1) ”Agency” means any department, bureau, commission, board, council, or political subdivision of the state of Montana, except an entity that is a cemetery board or has authority over a cemetery. (2) ”Board” means the burial preservation board established in 22-3-804. (3) ”Burial site” has the meaning provided […]
22-3-904. Rules
22-3-904. Rules. The board shall adopt rules necessary to provide for filing of claims, procedures for hearings authorized under this part, and procedures for resolving multiple claims. Hearings may not occur until rules have been adopted. Rules must address, at a minimum, criteria for determining lineal descent, cultural affiliation, standards of evidence, and standards of proof. […]
22-3-905. through 22-3-910 reserved
22-3-905 through 22-3-910 reserved.
22-3-911. Agency and museum inventory of human skeletal remains and funerary objects
22-3-911. Agency and museum inventory of human skeletal remains and funerary objects. (1) An agency or museum that on or after May 2, 2001, has possession or control over human skeletal remains or funerary objects shall within 6 months complete an inventory of all human skeletal remains and funerary objects and, to the extent possible based […]
22-3-912. Claims for repatriation
22-3-912. Claims for repatriation. (1) A claim for repatriation of human skeletal remains or funerary objects must be made by: (a) filing a written claim for the human skeletal remains or funerary objects with the board and the possessing entity having possession or control of the human skeletal remains or funerary objects; and (b) proving, by a preponderance […]
22-3-913. Hearing — hearings examiner — evidence — study or testing order and costs — findings
22-3-913. Hearing — hearings examiner — evidence — study or testing order and costs — findings. (1) The board shall appoint an attorney licensed to practice law in Montana as a hearings examiner to hold a hearing pursuant to Title 2, chapter 4, part 6, on a claim filed under 22-3-912. At a hearing under this […]