Montana Code 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:
Terms Used In Montana Code 22-3-804
- Board: means the burial preservation board established in 22-3-804. See Montana Code 22-3-803
- 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. See Montana Code 22-3-803
- Burial site: means , except for cemeteries and graveyards protected under existing state law, any natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which human remains were intentionally deposited as a part of the death rites or ceremonies of a culture. See Montana Code 22-3-803
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Human skeletal remains: means any part of the human body in any state of decomposition taken from a burial site. See Montana Code 22-3-803
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(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 the governor from a list of up to three nominees submitted by the Montana state historic preservation officer;
(c)one representative of the Montana archaeological association appointed by the governor from a list of up to three nominees submitted by the Montana archaeological society;
(d)one physical anthropologist appointed by the governor;
(e)one representative of the Montana coroners’ association appointed by the governor from a list of up to three nominees submitted by the Montana coroners’ association; and
(f)one representative of the public, appointed by the governor, who is not associated with tribal governments; state government; the fields of historic preservation, archaeology, or anthropology; or the Montana coroners’ association.
(2)Members of the board shall serve staggered 4-year terms. A vacancy on the board must be filled in the same manner as the original appointment and only for the unexpired portion of the term.
(3)The board shall:
(a)provide for the establishment and maintenance of a registry of burial sites located in the state;
(b)designate the appropriate member or members of the board or a representative or representatives of the board to conduct a field review upon notification of the discovery of human skeletal remains, a burial site, or burial material;
(c)assist interested landowners in the development of agreements with the board for the treatment and disposition, with appropriate dignity, of human skeletal remains and burial material;
(d)mediate, upon application of either party, disputes that may arise between a landowner and known descendants that relate to the treatment and disposition of human skeletal remains and burial material;
(e)assume responsibility for final treatment and disposition of human skeletal remains and burial material if the field review recommendation is not accepted by the board’s representatives and the landowner;
(f)establish a nonrefundable application fee, not to exceed $50, for a permit for scientific analysis of human skeletal remains or burial material from burial sites as provided by 22-3-806;
(g)issue permits authorizing scientific analysis;
(h)accept grants or real or in-kind donations to carry out the purposes of this part;
(i)adopt rules necessary to administer and enforce the provisions of this part; and
(j)perform any other duties necessary to implement the provisions of this part.
(4)The board is allocated to the department of administration for administrative purposes only as prescribed in 2-15-121.
(5)Each member of the board is entitled to be paid $50 for each day in which the member is actually and necessarily engaged in the performance of board duties and is also entitled to be reimbursed for travel, meals, and lodging pursuant to 2-18-501 through 2-18-503.