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:

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Terms Used In Montana Code 22-3-915

  • Control: means having a legal interest in human skeletal remains or funerary objects sufficient to lawfully permit an agency or museum to treat the object as part of its collection for purposes of this part whether or not the human skeletal remains or funerary objects are in the physical custody of the agency or museum. See Montana Code 22-3-903
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Funerary objects: means objects that, as part of a death rite or ceremony, are reasonably believed to have been placed with human skeletal remains at a specific burial site either at the time of death or later and which human skeletal remains are currently in the possession or control of an agency, museum, or person, either along with the human skeletal remains or that can be identified by a preponderance of the evidence to be related to specific known human skeletal remains not currently in the possession or control of the agency, museum, or person. See Montana Code 22-3-903
  • Human skeletal remains: has the meaning provided in 22-3-803. See Montana Code 22-3-903
  • Possessing entity: means an agency, museum, or person from whom repatriation is requested. See Montana Code 22-3-903
  • Possession: means having physical custody of human skeletal remains or funerary objects with a sufficient legal interest to lawfully treat the human skeletal remains or funerary objects as part of a collection. See Montana Code 22-3-903

(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 proceed with a scientific study of human skeletal remains or funerary objects in its possession or control.

(2)If a hearings examiner determines that a possessing entity has provided evidence supporting a good faith effort regarding scientific study, the hearings examiner shall provide a reasonable period of delay to allow completion of the study prior to repatriation.