Montana Code 22-3-918. Multiple claims — care and handling of human skeletal remains or funerary objects pending disposition
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22-3-918. Multiple claims — care and handling of human skeletal remains or funerary objects pending disposition. If multiple requests for repatriation of human skeletal remains or funerary objects occur and the appropriate claimant cannot be determined, the board shall provide for the appropriate care and handling of the human skeletal remains or funerary objects until:
Terms Used In Montana Code 22-3-918
- 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
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
(1)the requesting parties agree upon the disposition;
(2)the dispute is resolved by the board pursuant to 22-3-916; or
(3)the issue is finally resolved in a state court of competent jurisdiction.