Montana Code 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 petition for a permit must include:
Terms Used In Montana Code 22-3-806
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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
- 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
- Scientifically justifiable: means that the human skeletal remains or burial material has a potential to address specific research questions in the science of anthropology, history, or biology. See Montana Code 22-3-803
- 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)payment of the nonrefundable application fee provided for in 22-3-804; and
(b)a brief narrative describing the methodology to be used, the timeframe needed to complete the scientific study, and any other information specifically requested by the board relating to the proposed study.
(2)The methodology proposed must be reviewed by the state historic preservation officer or the officer’s designated representative and the physical anthropologist on the board, and a recommendation must be made to the full board. Once approved by the board, any change in methodology or in the timeframe must be approved by the board before the original timeframe expires. The timeframe for scientific study may not exceed 12 months from the date of issuance of the permit.
(3)A permit for scientific analysis issued by the board is subject to terms, conditions, and procedures prescribed by the board and must include the condition that a permittee shall pay all costs of excavation, study, and disposition.
(4)The board shall either issue or deny a permit within 30 working days from the date of the permit petition. If the board denies a permit upon a finding that scientific analysis is not justifiable, the board shall provide the applicant with a written statement outlining the grounds for its finding. The applicant may appeal the decision of the board under the provisions of Title 2, chapter 4, part 6, of the Montana Administrative Procedure Act.
(5)The board may suspend or revoke a permit pursuant to the Montana Administrative Procedure Act upon a finding that the permittee has violated any provision of this part or any term, condition, or procedure of a permit issued by the board.
(6)The provisions of this section do not apply to a forensic examination by the county coroner, action under Title 46, chapter 4, or action under any other related provisions of law concerning the investigation of the circumstances, manner, and cause of death.