Terms Used In Montana Code > Title 22 > Chapter 3 - Antiquities

• Affected property owner: means a person or entity whose real property will be physically affected by the activity of an applicant or whose real property is proposed for incorporation into a historic district proposed as eligible for listing in the National Register of Historic Places. See Montana Code 22-3-421
• 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. See Montana Code 22-3-903
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Antiquities permit: means the permit granted for excavation, removal, or restoration of heritage properties or paleontological remains provided for in 22-3-432. See Montana Code 22-3-421
• 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.
• Applicant: means a person who applies to a governmental entity, including a federal, state, or local governmental entity, for a permit, license, or lease on property owned by the governmental entity. See Montana Code 22-3-421
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Bequest: Property gifted by will.
• Board: means the burial preservation board established in 22-3-804. See Montana Code 22-3-803
• Board: means the burial preservation board established in 22-3-804. See Montana Code 22-3-903
• 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
• Burial site: means , except for cemeteries and graveyards protected under existing state law, any natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which human remains were intentionally deposited as a part of the death rites or ceremonies of a culture. See Montana Code 22-3-803
• Burial site: has the meaning provided in 22-3-803. 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
• Committee: means the executive committee of the board of trustees of the Montana historical society. See Montana Code 22-3-102
• 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
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Cultural affiliation: means the existence of a shared group identity that can reasonably be traced historically or anthropologically between a tribal group and an identifiable earlier tribe. See Montana Code 22-3-903
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Donor: The person who makes a gift.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• 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
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Heritage property: means any district, site, building, structure, or object located upon or beneath the earth or under water that is significant in American history, architecture, archaeology, or culture. See Montana Code 22-3-421
• Historic preservation office: means the office within the Montana historical society provided for in 2-15-1512. See Montana Code 22-3-421
• Historic preservation officer: means the officer provided for in 2-15-1512. See Montana Code 22-3-421
• Historic records: means manuscripts, papers, maps, charts, journals, diaries, photographs, business records, voice recordings, films, video tapes, or other records illustrative of the history of Montana in particular and generally of the region. See Montana Code 22-3-102
• 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
• Human skeletal remains: has the meaning provided in 22-3-803. See Montana Code 22-3-903
• Inventory: means an itemized list that summarizes the collection of human skeletal remains and funerary objects in the possession or control of an agency or museum. See Montana Code 22-3-903
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legacy: A gift of property made by will.
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lineal descendant: Direct descendant of the same ancestors.
• Loan: means a deposit of property not accompanied by a transfer of title to the property. See Montana Code 22-3-503
• Majority party: means the party with the most members in a house of the legislature, subject to subsection (2). See Montana Code 1-1-208
• Minority party: means the party with the second most members in a house of the legislature, subject to subsection (2). See Montana Code 1-1-208
• Museum: means an institution located in Montana and operated by a nonprofit corporation or a public agency primarily for educational, scientific, or aesthetic purposes, and that owns, borrows, or cares for and exhibits, studies, or catalogs property. See Montana Code 22-3-503
• Museum: means an entity or state or local government agency, including an educational institution, that receives state funding. See Montana Code 22-3-903
• Paleontological remains: means fossilized plants and animals of a geological nature found upon or beneath the earth or under water which are rare and critical to scientific research. See Montana Code 22-3-421
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• 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
• Personal property: All property that is not real property.
• Personal property: means money, goods, chattels, things in action, and evidences of debt. See Montana Code 1-1-205
• 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
• Preservation review board: means the board provided for in 2-15-1512. See Montana Code 22-3-421
• Property: includes any tangible object, animate or inanimate, that has intrinsic historic, artistic, scientific, or cultural value. See Montana Code 22-3-503
• Property: means real and personal property. See Montana Code 1-1-205
• Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Register: means the National Register of Historic Places, the official list of the nation's heritage properties worthy of preservation because of national, state, or local significance. See Montana Code 22-3-421
• 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

• 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
• Society: means the Montana historical society and includes:

  (a)the historical library and its contents;

  (b)any museums and art galleries and their contents acquired by the trustees;

  (c)any historical places, sites, or monuments acquired or developed by the society;

  (d)any divisions, departments, and activities operated in conjunction with the historical library as are established by the trustees; and

  (e)any books, papers, maps, charts, manuscripts, photographs, writings, records, objects of history and art, paintings, engravings, relics, collections of artifacts and minerals, furniture, or fixtures acquired by the trustees. See Montana Code 22-3-102

• State agency: means any executive agency of the state of Montana. See Montana Code 22-3-421
• Tribal group: has the meaning provided in 22-3-803. See Montana Code 22-3-903
• Trustees: means the board of trustees of the Montana historical society. See Montana Code 22-3-102
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201