Title 22, Title 22

(1) A federal or state entity that acts upon a proposed federal or state action or an application for a federal, state, or local permit, license, lease, or funding may request the views of the historic preservation officer concerning: (a) the recommended eligibility for a registe…

(1) Avoidance of impacts to heritage property or paleontological remains is preferred. Avoidance may not be construed to constitute neglect of the property or anticipatory demolition. (2) If it is not feasible to avoid impacts to heritage property or paleontological remains, a mi…

(1) Any citizen of Montana may submit to the historic preservation officer for consideration the necessary forms to nominate heritage properties to the register. (2) (a) For private properties, the historic preservation officer shall notify the owner of the property and allow the…

(1) A person may not excavate, remove, or restore any heritage property or paleontological remains on lands owned by the state without first obtaining an antiquities permit from the historic preservation officer. (2) Antiquities permits are to be granted only after careful consid…

(1) Each state agency responsible for the preparation of an environmental impact statement in accordance with the Montana Environmental Policy Act shall, as a part of its evaluation and study process, consult with and obtain the comments of the historic preservation officer conce…

State agencies may deny or approve with conditions any application for an easement, lease, permit, contract, license, or certificate in order to protect heritage properties and paleontological remains that cannot be properly mitigated; provided that this section is limited only t…

Any person conducting activities, including survey, excavation, or construction, who discovers on any lands owned by the state any heritage property or paleontological remains as defined in 22-3-421 or who finds that an operation licensed or otherwise entitled by the state may da…

(1) No person may reproduce or falsely identify any heritage property or paleontological remains with the intent to sell the property or remains as an original. (2) No person may sell any heritage property or paleontological remains with the knowledge that the property or remains…

A person violating any provision of 22-3-432, 22-3-435, or 22-3-441 is guilty of a misdemeanor and upon conviction shall be fined not more than $1,000 or be imprisoned in the county jail for not more than 6 months, or both. Each day of continued violation of any provision of 22-3…

This part may be cited as the "Museum Loan Act".

The people of Montana have an interest in preserving and protecting objects of scientific, historic, artistic, or cultural value and making them accessible to the public. The purpose of this part is to serve this interest by establishing a uniform procedure for lenders to preserv…

As used in this part, the following definitions apply: (1) "Loan" means a deposit of property not accompanied by a transfer of title to the property. (2) "Museum" means an institution located in Montana and operated by a nonprofit corporation or a public agency primarily for educ…

(1) If a museum accepts a loan of property for an indefinite term or for a term longer than 7 years, the museum must inform the lender in writing at the time of the loan of the provisions of this part. (2) For the purposes of this part, a loan for a specified term becomes a loan …

When the provisions of this part require a museum to give notice to a lender, the museum is considered to have given notice if the museum mails the notice to the lender at the lender's address and proof of receipt is received by the museum within 30 days from the date the notice …

(1) The owner of property on loan to a museum may file with the museum a notice of intent to preserve an interest in the property. This notice must be in writing and must contain a description of the property adequate to enable the museum to identify the property. (2) The filing …

The owner of property on loan to a museum shall notify the museum in writing of any change of address or change in ownership of the property.

(1) Unless there is a written loan agreement to the contrary, a museum may apply conservation measures to or dispose of property on loan to the museum without the lender's permission if immediate action is required to protect the property on loan or other property in the custody …

(1) A museum shall give a lender prompt notice of any known injury to or loss of property on loan. (2) A notice of injury or loss must contain the lender's name, the lender's most recent address as shown on the museum's records, the date of the loan, and the name, address, and te…

A museum may give the lender notice of its intent to terminate a loan made for an indefinite term or for a term longer than 7 years. A notice of intent to terminate a loan must include the lender's name, the lender's most recent address as shown on the museum's records, the date …

(1) No action may be brought against a museum for damages because of injury to or loss of property loaned to the museum more than 3 years from the date the museum gives the lender notice of the injury or loss or 10 years from the date of the injury or loss, whichever occurs earli…

The provisions of this part supersede the provisions of Title 70, chapter 9, except that at its option, a museum may report property that has been on loan unclaimed by its owner for more than 5 years to the department of revenue for disposition as provided in Title 70, chapter 9.

This part applies only to property loaned to a museum on or after October 1, 1985, or to existing loaned property with a market value of $1,000 or less at the time of disposal.

This part may be cited as the "Local Management of Historic Sites and Buildings Act".

The purposes of this part are to: (1) encourage the restoration, preservation, and maintenance of historic sites and buildings owned by the state of Montana; (2) encourage the participation of Montana citizens and groups in the local management, on a nonprofit basis, of historic …

(1) The Montana historical society may accept gifts, grants, bequests, or contributions of money, property, labor, or materials for use in the operation, maintenance, repair, preservation, or renovation of any historic site or building owned by the state of Montana. (2) The Monta…

The memorial in the Montana law enforcement museum, located in the old Montana state prison, Deer Lodge, Montana, which is dedicated to the individuals who have served their communities and the state of Montana as law enforcement officers and have been killed or died in the line …

This part may be cited as the "Human Skeletal Remains and Burial Site Protection Act".

(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 unre…

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.…

(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 pe…

(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 subjec…

(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 th…

(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…

(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 knowingl…

(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.

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 human…

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.

This part may be cited as the "Montana Repatriation Act".

(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 gro…

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…

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 determinin…

(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 on all information poss…

(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 funerar…

(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 section, the hearings examiner shall hear the evidence presented b…

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…

(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) goo…