Montana Code 22-3-916. Board decision — order — immunity against aggrieved parties — relinquishment of control by tribal group
22-3-916. Board decision — order — immunity against aggrieved parties — relinquishment of control by tribal group. (1) Subject to the provisions of 2-4-621 and 2-4-623, at the conclusion of the hearing and upon receipt of the recommendations of the hearings examiner, the board shall:
Terms Used In Montana Code 22-3-916
- Board: means the burial preservation board established in 22-3-804. See Montana Code 22-3-903
- Claimant: means a claimant for repatriation under 22-3-912 and includes a tribal group, lineal descendant, or next of kin. See Montana Code 22-3-903
- 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
- Fiduciary: A trustee, executor, or administrator.
- 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
- Person: includes a corporation, partnership, joint venture, estate, and any other legal entity, as well as a natural person. 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
- Property: means real and personal property. See Montana Code 1-1-205
- Right of possession: means :
(a)possession obtained of nonculturally affiliated human skeletal remains or funerary objects; or
(b)possession obtained with the voluntary consent of a group or individual that had authority of alienation over the human skeletal remains or funerary object. See Montana Code 22-3-903
- 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
- Tribal group: has the meaning provided in 22-3-803. See Montana Code 22-3-903
(a)issue findings of facts and conclusions related to any decision regarding its determination supporting or denying a claimant‘s written request for the repatriation of human skeletal remains or funerary objects;
(b)issue findings of facts and conclusions related to any decision regarding a possessing entity‘s or intervenor’s request for a temporary delay in repatriation pending completion of ongoing scientific study; and
(c)provide the claimant, respondent, possessing entity, or intervenor with a written copy of its findings and conclusions regarding the specific repatriation request.
(2)A possessing entity that repatriates culturally affiliated human skeletal remains or funerary objects in good faith pursuant to this section is not liable for claims by an aggrieved party or for claims of breach of a fiduciary duty or the public trust or of violation of state law that are inconsistent with this part.
(3)This section does not prevent the governing body of a tribal group from expressly relinquishing control over any human skeletal remains or control or title to any funerary object. The acquisition of a funerary object from a tribal group or individual with the voluntary consent of the tribal group or individual with authority to alienate the object constitutes the right of possession over that object. Divestiture of culturally affiliated human skeletal remains or funerary objects from a person without a right of possession does not constitute an unconstitutional taking of property.