Mont. Admin. r. 2.65.304 - REMOVAL OF REMAINS OR BURIAL MATERIALS

(1) If the human remains or burial material cannot be preserved in situ and it is necessary to remove them, the chairperson of the board shall designate someone to disinter the human remains or the burial material.

(2) If an agreement has been reached with the landowner providing for reburial on another site on his or her property, such reburial may be conducted by a board representative, archeologist or the landowner.

(3) The nearest board representative will monitor any disinterment of human remains or burial materials to ensure that the remains are treated with respect and dignity.

(4) The board shall give control and make its determination of the final disposition of human remains, or burial materials according to the following priority:

(a) the descendants, if identifiable;

(b) the tribe or other cultural group that has the closest cultural affiliation with the human skeletal remains or burial materials;

(c) the tribe or other cultural group recognized as having aboriginally or historically occupied the area where the remains or materials were discovered if, upon notification by the board, the tribe or cultural group state a claim for the remains or material; or

(d) if unclaimed by any tribe or cultural group, the board, which shall determine the appropriate disposition and oversee the reinterment of the remains and materials.

(5) The board or its designated representative may assume control and safekeeping of human remains and burial materials until final disposition is determined.

(6) A report of any removal and final disposition must be filed with the State Historic Preservation Office.

Notes

Mont. Admin. r. 2.65.304

NEW, 1998 MAR p. 478, Eff. 2/13/98; TRANS, from Commerce, 2001 MAR p. 2409; TRANS, from ARM 2.65.105, 2013 MAR p. 785, Eff. 5/10/13.

22-3-804, MCA; IMP, 22-3-804, 22-3-805, MCA;