22-3-801. Short title
22-3-801. Short title. This part may be cited as the “Human Skeletal Remains and Burial Site Protection Act”. History: En. Sec. 1, Ch. 748, L. 1991.
22-3-802. Legislative findings and intent
22-3-802. Legislative findings and intent. (1) The legislature of the state of Montana finds that: (a) the state and its citizens have an obligation to protect from disturbance or destruction all human skeletal remains, burial sites, and burial material, including those in marked, unmarked, unrecorded, registered, or unregistered graves or burial grounds located on state or private […]
22-3-803. Definitions
22-3-803. Definitions. As used in this part, the following definitions apply: (1) ”Board” means the burial preservation board established in 22-3-804. (2) ”Burial material” means any item found at the burial site or with the human skeletal remains and directly associated with the burial or burial site. (3) ”Burial site” means, except for cemeteries and graveyards protected under existing […]
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.
22-3-810. Closure of board meetings
22-3-810. Closure of board meetings. The board may close part of a meeting of the board to the public if the board finds that information that may be acquired at that part of the meeting may allow a person to identify a burial site, human skeletal remains, or burial material and pilfer, disturb, or destroy the […]
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.