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 […]
22-3-903. 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 […]
22-3-914. Closure of hearings
22-3-914. Closure of hearings. To the extent allowed by Montana law, the board shall, upon the request of either party or an intervenor, close any part of a board hearing or any part of a hearing under 22-3-913 to the public if the board finds that information required at the hearing may include identification of the […]
22-3-915. Delay of repatriation for scientific study
22-3-915. Delay of repatriation for scientific study. (1) If repatriation is ordered after a hearing, a possessing entity may request a temporary delay in repatriation because of: (a) scientific study being conducted on or proposed to be conducted on human skeletal remains or funerary objects in its possession or control; or (b) good faith efforts to initiate or […]
22-3-916. Board decision — order — immunity against aggrieved parties — relinquishment of control by tribal group
22-3-916. Board decision — order — immunity against aggrieved parties — relinquishment of control by tribal group. (1) Subject to the provisions of 2-4-621 and 2-4-623, at the conclusion of the hearing and upon receipt of the recommendations of the hearings examiner, the board shall: (a) issue findings of facts and conclusions related to any decision regarding […]
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 […]
22-3-918. 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 […]