reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 1. Historical Society › 22-3-116. Montana historical society membership special revenue account -- use -- statutory appropriation

22-3-116. (Temporary) Montana historical society membership special revenue account -- use -- statutory appropriation.
(1) There is a Montana historical society membership account in the state special revenue fund established in 17-2-102.
(2) There must be paid into the account money received from the purchases of memberships to the Montana historical society.
(3) Money in the account is statutorily appropriated, as provided in 17-7-502, to the Montana historical society and may not be used for any purposes other than the improvement, development, and operation of the society. (Terminates June 30, 2025--sec. 6, Ch. 423, L. 2015.)
History: En. Sec. 1, Ch. 423, L. 2015.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 1. Historical Society › 22-3-117. Montana original governor's mansion special revenue account -- use -- statutory appropriation

22-3-117. (Temporary) Montana original governor's mansion special revenue account -- use -- statutory appropriation.
(1) There is a Montana original governor's mansion account in the state special revenue fund established in 17-2-102.
(2) There must be paid into the account money allocated from tours of the mansion.
(3) Money in the account is statutorily appropriated, as provided in 17-7-502, to the Montana historical society and may not be used for any purposes other than the improvement, development, and operation of the Montana original governor's mansion. (Terminates June 30, 2025--sec. 6, Ch. 423, L. 2015.)
History: En. Sec. 2, Ch. 423, L. 2015.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 2. Preservation of Records › 22-3-201. Public policy

22-3-201. Public policy.
The legislature declares that it is the public policy of the state of Montana that noncurrent records of permanent value to the state and to local governments should be preserved and protected; that the operations of state government should be made more efficient, more effective, and more economical through current records management; and that to the end that the people may receive maximum benefit from a knowledge of state and local government affairs, the state and local governments should preserve noncurrent records of permanent value for study and research.
History: En. Sec. 1, Ch. 108, L. 1969; R.C.M. 1947, 82-3207; amd. Sec. 16, Ch. 420, L. 1993.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 2. Preservation of Records › 22-3-202. Archives created -- appointment, duties, and compensation of archivist

22-3-202. Archives created -- appointment, duties, and compensation of archivist.
There is a state archives in the Montana historical society for the preservation of noncurrent records of permanent value to the state and local governments and for records management. The director of the Montana historical society shall appoint a state archivist, who serves at the pleasure of the director, define the archivist's duties, and fix the archivist's compensation with the approval of the board of trustees of the Montana historical society.
History: En. Sec. 2, Ch. 108, L. 1969; R.C.M. 1947, 82-3208; amd. Sec. 17, Ch. 420, L. 1993.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 2. Preservation of Records › 22-3-203. Preservation of noncurrent records of permanent value

22-3-203. Preservation of noncurrent records of permanent value.
The state archivist shall preserve noncurrent records of permanent value to the state and is responsible for the ultimate preservation of local government records of permanent value. Upon request, the archivist shall assist and advise in the establishment of records management programs in the executive, legislative, and judicial branches of state government and in local governments, with due regard to the functions of the officers and agencies involved.
History: En. Sec. 3, Ch. 108, L. 1969; amd. Sec. 1, Ch. 41, L. 1973; R.C.M. 1947, 82-3209; amd. Sec. 18, Ch. 420, L. 1993.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 2. Preservation of Records › 22-3-211. Historic records network -- creation -- purpose

22-3-211. Historic records network -- creation -- purpose.
(1) The trustees of the Montana historical society shall establish and coordinate the administration of a historic records network.
(2) The staff of the society shall aid staff archivists and librarians at the university units in their work of acquiring, cataloguing, processing, microfilming, and preserving historic records.
History: En. 44-523.1 by Sec. 3, Ch. 366, L. 1977; R.C.M. 1947, 44-523.1.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 2. Preservation of Records › 22-3-212. Funding

22-3-212. Funding.
The historic records network shall operate within the budgets of the historical society and the university system.
History: En. 44-523.2 by Sec. 4, Ch. 366, L. 1977; R.C.M. 1947, 44-523.2.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 2. Preservation of Records › 22-3-221. Storing and safekeeping of war records

22-3-221. Storing and safekeeping of war records.
The board of trustees of the Montana historical society is hereby authorized and directed to set apart a suitable room in the buildings under their jurisdiction for the storing and safekeeping of such archives, records, etc., of the grand army of the republic and the united Spanish war veterans, and said room shall be suitably furnished, and the librarian for the Montana historical society shall be custodian of said archives, records, etc.
History: En. Sec. 1, Ch. 32, L. 1913; amd. Sec. 2, Ch. 97, L. 1915; re-en. Sec. 321, R.C.M. 1921; amd. Sec. 1, Ch. 96, L. 1927; re-en. Sec. 321, R.C.M. 1935; amd. Sec. 3, Ch. 93, L. 1953; R.C.M. 1947, 82-2502.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 3. Veterans' and Pioneers' Memorial Building › 22-3-301. Veterans' and pioneers' memorial building

22-3-301. Veterans' and pioneers' memorial building.
There is a veterans' and pioneers' memorial building located in Helena.
History: En. 78-201.1 by Sec. 8, Ch. 3, L. 1977; R.C.M. 1947, 78-201.1.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 3. Veterans' and Pioneers' Memorial Building › 22-3-302. Use of building

22-3-302. Use of building.
The veterans' and pioneers' memorial building shall constitute a perpetual memorial to the war veterans and the pioneers of Montana, and said building shall be devoted to the use of the united Spanish war veterans of Montana, the veterans of foreign wars of Montana, the American legion of Montana, the disabled American veterans of Montana, the World War I veterans of Montana, the Montana historical society, the society of Montana pioneers, and the sons and daughters of Montana pioneers and for the housing of books, records, documents, and other property of such veterans and organizations; and there shall be provided in said building appropriate office quarters for the state headquarters and officers and employees of such veterans and organizations and for the librarian and other employees of the Montana historical society.
History: En. Sec. 2, Ch. 204, L. 1945; amd. Sec. 1, Ch. 54, L. 1961; amd. Sec. 27, Ch. 271, L. 1963; R.C.M. 1947, 78-202.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 3. Veterans' and Pioneers' Memorial Building › 22-3-303. Gifts for building

22-3-303. Gifts for building.
The state of Montana is hereby authorized to receive gifts, legacies, and donations of money or other property for the erection or maintenance of the memorial building herein provided for, and all such gifts, legacies, and donations are hereby dedicated to such purpose.
History: En. Sec. 9, Ch. 204, L. 1945; R.C.M. 1947, 78-209.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 4. Antiquities › 22-3-401. Repealed

22-3-401. Repealed.
Sec. 16, Ch. 563, L. 1979.
History: En. Sec. 1, Ch. 502, L. 1973; R.C.M. 1947, 81-2501.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 4. Antiquities › 22-3-402. Repealed

22-3-402. Repealed.
Sec. 16, Ch. 563, L. 1979.
History: En. Sec. 2, Ch. 502, L. 1973; R.C.M. 1947, 81-2502.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 4. Antiquities › 22-3-403. Repealed

22-3-403. Repealed.
Sec. 16, Ch. 563, L. 1979.
History: En. Sec. 3, Ch. 502, L. 1973; amd. Sec. 1, Ch. 440, L. 1977; R.C.M. 1947, 81-2503.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 4. Antiquities › 22-3-404. Repealed

22-3-404. Repealed.
Sec. 16, Ch. 563, L. 1979.
History: En. Sec. 4, Ch. 502, L. 1973; amd. Sec. 2, Ch. 440, L. 1977; R.C.M. 1947, 81-2504.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 4. Antiquities › 22-3-405. Repealed

22-3-405. Repealed.
Sec. 16, Ch. 563, L. 1979.
History: En. Sec. 5, Ch. 502, L. 1973; amd. Sec. 3, Ch. 440, L. 1977; R.C.M. 1947, 81-2505.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 4. Antiquities › 22-3-406. Repealed

22-3-406. Repealed.
Sec. 16, Ch. 563, L. 1979.
History: En. Sec. 6, Ch. 502, L. 1973; amd. Sec. 4, Ch. 440, L. 1977; R.C.M. 1947, 81-2506.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 4. Antiquities › 22-3-407. Repealed

22-3-407. Repealed.
Sec. 16, Ch. 563, L. 1979.
History: En. Sec. 7, Ch. 502, L. 1973; amd. Sec. 5, Ch. 440, L. 1977; R.C.M. 1947, 81-2507.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 4. Antiquities › 22-3-408. Repealed

22-3-408. Repealed.
Sec. 16, Ch. 563, L. 1979.
History: En. Sec. 8, Ch. 502, L. 1973; amd. Sec. 9, Ch. 3, L. 1977; amd. Sec. 6, Ch. 440, L. 1977; R.C.M. 1947, 81-2508.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 4. Antiquities › 22-3-409. Repealed

22-3-409. Repealed.
Sec. 16, Ch. 563, L. 1979.
History: En. Sec. 9, Ch. 502, L. 1973; amd. Sec. 7, Ch. 440, L. 1977; R.C.M. 1947, 81-2509.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 4. Antiquities › 22-3-410. Repealed

22-3-410. Repealed.
Sec. 16, Ch. 563, L. 1979.
History: En. Sec. 10, Ch. 502, L. 1973; amd. Sec. 10, Ch. 3, L. 1977; amd. Sec. 8, Ch. 440, L. 1977; R.C.M. 1947, 81-2510.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 4. Antiquities › 22-3-411. Repealed

22-3-411. Repealed.
Sec. 16, Ch. 563, L. 1979.
History: En. Sec. 11, Ch. 502, L. 1973; amd. Sec. 9, Ch. 440, L. 1977; R.C.M. 1947, 81-2511.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 4. Antiquities › 22-3-412. Repealed

22-3-412. Repealed.
Sec. 16, Ch. 563, L. 1979.
History: En. Sec. 12, Ch. 502, L. 1973; amd. Sec. 10, Ch. 440, L. 1977; R.C.M. 1947, 81-2512.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 4. Antiquities › 22-3-413. Repealed

22-3-413. Repealed.
Sec. 16, Ch. 563, L. 1979.
History: En. Sec. 13, Ch. 502, L. 1973; amd. Sec. 11, Ch. 440, L. 1977; R.C.M. 1947, 81-2513.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 4. Antiquities › 22-3-421. Definitions

22-3-421. Definitions.
As used in this part, unless the context clearly indicates otherwise, the following definitions apply:
(1) "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.
(2) "Antiquities permit" means the permit granted for excavation, removal, or restoration of heritage properties or paleontological remains provided for in 22-3-432.
(3) "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.
(4) "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.
(5) "Historic preservation office" means the office within the Montana historical society provided for in 2-15-1512.
(6) "Historic preservation officer" means the officer provided for in 2-15-1512.
(7) "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.
(8) "Preservation review board" means the board provided for in 2-15-1512.
(9) "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.
(10) "Registered property" means any heritage property listed in the register.
(11) "State agency" means any executive agency of the state of Montana.
History: En. Sec. 4, Ch. 563, L. 1979; amd. Sec. 1, Ch. 323, L. 1987; amd. Sec. 2, Ch. 343, L. 1995.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 4. Antiquities › 22-3-422. Duties of preservation review board

22-3-422. Duties of preservation review board.
The preservation review board shall:
(1) recommend nominations to the register;
(2) approve or disapprove all nominations to the register;
(3) approve or disapprove additions to statewide inventories of heritage properties;
(4) review the annual work program that recommends preservation goals and grant allocations for the next succeeding fiscal year;
(5) act in an advisory capacity to the historic preservation office and to state agencies; and
(6) accept reports from state agencies and the Montana university system on the first Tuesday in February of every even-numbered year on the status and stewardship of the agencies' and the university system's heritage properties as required in 22-3-424 and make recommendations regarding management of the properties.
History: En. Sec. 5, Ch. 563, L. 1979; amd. Sec. 1, Ch. 187, L. 2011.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 4. Antiquities › 22-3-423. Duties of historic preservation officer

22-3-423. Duties of historic preservation officer.
Subject to the supervision of the director of the historical society, the historic preservation officer has the following duties and responsibilities:
(1) follow necessary procedures to qualify the state for money that is now or will be made available under any act of congress of the United States or otherwise for purposes of historic preservation;
(2) conduct an ongoing statewide survey to identify and document heritage properties and paleontological remains;
(3) maintain a state inventory file of heritage properties and paleontological remains and maintain a repository for all inventory work done in the state;
(4) evaluate and formally nominate potential register properties according to the criteria established by the register;
(5) prepare and annually review the state preservation plan, register nominations, and historic preservation grant activity;
(6) maintain, publish, and disseminate information relating to heritage properties and paleontological remains in the state;
(7) cooperate with and assist local, state, and federal government agencies in comprehensive planning that allows for the preservation of heritage properties and paleontological remains;
(8) enter into cooperative agreements with the federal government, local governments, and other governmental entities or private landowners or the owners of objects to ensure preservation and protection of registered properties;
(9) adopt rules outlining procedures by which a state agency that has no approved rules under 22-3-424(1) shall systematically consider heritage properties or paleontological remains on lands owned by the state and avoid, whenever feasible, state actions or state assisted or licensed actions that substantially alter the properties;
(10) respond to requests for consultation under section 106 of the National Historic Preservation Act, as provided for in 22-3-429;
(11) develop procedures and guidelines for the evaluation of heritage property or paleontological remains as provided in 22-3-428;
(12) protect from disclosure to the public any information relating to the location or character of heritage properties when disclosure would create a substantial risk of harm, theft, or destruction to the resources or to the area or place where the resources are located;
(13) report the information gathered pursuant to 22-3-422(6), along with any recommendations by the historic preservation officer or the review board, to the education interim committee in accordance with 5-11-210. The report required in this subsection must also be incorporated into the biennial report required to be submitted to the governor and the legislature under 22-3-107(8).
(14) any other necessary or appropriate activity permitted by law to carry out and enforce the provisions of this part.
History: En. Sec. 6, Ch. 563, L. 1979; amd. Sec. 1, Ch. 351, L. 1983; amd. Sec. 2, Ch. 323, L. 1987; amd. Sec. 3, Ch. 343, L. 1995; amd. Sec. 2, Ch. 187, L. 2011; amd. Sec. 60, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 4. Antiquities › 22-3-424. Duties of state agencies

22-3-424. Duties of state agencies.
State agencies, including the Montana university system, shall:
(1) in consultation with the historical society adopt rules for the identification and preservation of heritage properties and paleontological remains on lands owned by the state to avoid, whenever feasible, state actions or state assisted or licensed actions that substantially alter heritage properties or paleontological remains on lands owned by the state or, in the absence of such rules, act in compliance with rules adopted under 22-3-423;
(2) identify and develop, in consultation with the historic preservation officer, methods and procedures to ensure that the identification and protection of heritage properties and paleontological remains on lands owned by the state are given appropriate consideration in state agency decisionmaking;
(3) deposit in the historic preservation office all inventory reports, including maps, photographs, and site forms, of heritage properties and paleontological remains; and
(4) pursuant to 22-3-422(6), provide to the preservation review board on the first Tuesday in February of every even-numbered year the following information:
(a) a list of the heritage properties managed by the agencies as those properties have been identified pursuant to this section;
(b) the status and condition of each heritage property;
(c) the stewardship efforts in which the agencies have engaged to maintain each heritage property and the cost of those activities;
(d) a prioritized list of the maintenance needs for the properties; and
(e) a record of the agencies' compliance with subsections (1) and (2).
History: En. Sec. 9, Ch. 563, L. 1979; amd. Sec. 2, Ch. 351, L. 1983; amd. Sec. 3, Ch. 187, L. 2011.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 4. Antiquities › 22-3-428. Heritage property -- procedures and guidelines required

22-3-428. Heritage property -- procedures and guidelines required.
The historic preservation officer shall adopt standardized procedures and guidelines for inventorying, collecting data on, documenting, and evaluating all types of heritage property. In adopting the standardized procedures and guidelines, the historic preservation officer may consult with state and federal agencies experienced in reviewing and mitigating environmental and cultural impacts caused by development of properties.
History: En. Sec. 4, Ch. 343, L. 1995.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 4. Antiquities › 22-3-430. Avoidance and mitigation of impacts

22-3-430. Avoidance and mitigation of impacts.
(1) Avoidance of impacts to heritage property or paleontological remains is preferred. Avoidance may not be construed to constitute neglect of the property or anticipatory demolition.
(2) If it is not feasible to avoid impacts to heritage property or paleontological remains, a mitigation plan must be developed by the agency, in consultation with the applicant, to minimize adverse effects to the property or remains. Mitigation must be directed at the characteristics of the property that make it eligible for listing in the register. If requested by the agency, the historic preservation officer shall identify suggested mitigation actions in writing at the time that the historic preservation officer submits a proposed finding under 22-3-429.
History: En. Sec. 6, Ch. 343, L. 1995.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 4. Antiquities › 22-3-431. Registration of heritage properties

22-3-431. Registration of heritage properties.
(1) Any citizen of Montana may submit to the historic preservation officer for consideration the necessary forms to nominate heritage properties to the register.
(2) (a) For private properties, the historic preservation officer shall notify the owner of the property and allow the owner a reasonable period of time to concur or object to the nomination of the property for registration. If the owner of the property, or a majority of owners if the property has more than one owner, objects to registration, the historic preservation officer may not nominate the property unless the objection is withdrawn. If there are no objections, the historic preservation officer may, upon approval by the preservation review board, nominate heritage properties to the register.
(b) The historic preservation officer and the preservation review board may review the nomination of property that was not nominated because of owner objection to determine whether the property is eligible for registration. If the historic preservation officer and the preservation review board determine that the property is eligible for registration, the preservation officer shall provide for the register information about the property for determination of registration eligibility.
(c) The historic preservation officer shall follow the procedures mandated by 36 CFR 60.6 relating to seeking property owner concurrence or objection to registration.
(3) For lands owned by the state, a county, or a municipality, the historic preservation officer may, upon approval by the preservation review board, nominate heritage properties to the register. The historic preservation officer shall notify the appropriate governmental agency and give public notice when any governmental property is being considered for nomination. Unless agency or public objections are submitted in writing within 30 days after notification, the historic preservation officer shall complete the nominations. When an agency or any citizen of Montana submits written objections, the historic preservation officer shall consider the objections and may conduct a public hearing. If a hearing is held, it must be commenced within 30 days after the final date for submission of written objections. Within 60 days after submission of the objections or after the public hearing, the historic preservation officer shall make a final decision on the proposed registration and prepare a statement responsive to the objections submitted.
History: En. Sec. 7, Ch. 563, L. 1979; amd. Sec. 1, Ch. 199, L. 1983; amd. Sec. 3, Ch. 323, L. 1987; amd. Sec. 355, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 4. Antiquities › 22-3-432. Antiquities permits

22-3-432. Antiquities permits.
(1) A person may not excavate, remove, or restore any heritage property or paleontological remains on lands owned by the state without first obtaining an antiquities permit from the historic preservation officer.
(2) Antiquities permits are to be granted only after careful consideration of the application for a permit and after consultation with the appropriate state agency. Permits are subject to strict compliance with the following guidelines:
(a) Antiquities permits may be granted only for work to be undertaken by reputable museums, universities, colleges, or other historical, scientific, or educational institutions, societies, or persons with a view toward dissemination of knowledge about cultural properties, provided a permit may not be granted unless the historic preservation officer is satisfied that the applicant possesses the necessary qualifications to guarantee the proper excavation of those sites and objects that may add substantially to knowledge about Montana and its antiquities.
(b) The antiquities permit must specify that a summary report of the investigations, containing relevant maps, documents, drawings, and photographs, must be submitted to the historic preservation officer. The historic preservation officer shall determine the appropriate time period allowable between all work undertaken and submission of the summary report.
(3) All heritage property and paleontological remains collected under an antiquities permit are the permanent property of the state and must be deposited in museums or other approved institutions within the state or may be loaned to qualified institutions outside the state. These procedures must consider the needs of approved in-state museums or institutions that are most proximate to excavation. For fossils that do not meet scientific criteria as significant, approval may not be unreasonably withheld.
(4) An antiquities permit is not a substitution for any other type of permit that a state agency may require for other purposes.
History: En. Sec. 8, Ch. 563, L. 1979; amd. Sec. 356, Ch. 56, L. 2009; amd. Sec. 1, Ch. 297, L. 2023.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 4. Antiquities › 22-3-433. Environmental review process

22-3-433. Environmental review process.
(1) Each state agency responsible for the preparation of an environmental impact statement in accordance with the Montana Environmental Policy Act shall, as a part of its evaluation and study process, consult with and obtain the comments of the historic preservation officer concerning the identification and location of heritage properties and paleontological remains on lands owned by the state that may be adversely impacted by the proposed action. However, where the grant of an interest in state land requires the preparation of an environmental impact statement under the Montana Environmental Policy Act, the environmental impact statement shall be limited to an evaluation of the heritage properties and paleontological remains located in, on, under, and within only the affected state land.
(2) When heritage properties and paleontological remains are located and identified as described in subsection (1), the responsible state agency, in consultation with the historic preservation officer and the preservation review board, shall include as part of its environmental impact statement a plan for the avoidance or mitigation of damage to heritage properties and paleontological remains to the greatest extent practicable. Whenever necessary or appropriate, the state agency may require an applicant for a lease, permit, license, or other approval for use of land owned by the state to develop an avoidance or mitigation plan in consultation with the historic preservation officer and the preservation review board.
History: En. Sec. 10, Ch. 563, L. 1979.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 4. Antiquities › 22-3-434. Denial of applications

22-3-434. Denial of applications.
State agencies may deny or approve with conditions any application for an easement, lease, permit, contract, license, or certificate in order to protect heritage properties and paleontological remains that cannot be properly mitigated; provided that this section is limited only to heritage properties and paleontological remains which have been located as a part of the environmental impact statement reviews process as described in 22-3-433.
History: En. Sec. 11, Ch. 563, L. 1979.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 4. Antiquities › 22-3-435. Report of discovered heritage properties or paleontological remains

22-3-435. Report of discovered heritage properties or paleontological remains.
Any person conducting activities, including survey, excavation, or construction, who discovers on any lands owned by the state any heritage property or paleontological remains as defined in 22-3-421 or who finds that an operation licensed or otherwise entitled by the state may damage heritage properties or paleontological remains on any lands owned by the state shall promptly report to the historic preservation officer the discovery of such findings and shall take all reasonable steps to ensure preservation of the heritage property or paleontological remains.
History: En. Sec. 12, Ch. 563, L. 1979.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 4. Antiquities › 22-3-441. Restrictions on reproduction or sale of heritage property and paleontological remains

22-3-441. Restrictions on reproduction or sale of heritage property and paleontological remains.
(1) No person may reproduce or falsely identify any heritage property or paleontological remains with the intent to sell the property or remains as an original.
(2) No person may sell any heritage property or paleontological remains with the knowledge that the property or remains have previously been collected or excavated in violation of this section, 22-3-432, or 22-3-435.
History: En. Sec. 13, Ch. 563, L. 1979.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 4. Antiquities › 22-3-442. Criminal penalty

22-3-442. Criminal penalty.
A person violating any provision of 22-3-432, 22-3-435, or 22-3-441 is guilty of a misdemeanor and upon conviction shall be fined not more than $1,000 or be imprisoned in the county jail for not more than 6 months, or both. Each day of continued violation of any provision of 22-3-432, 22-3-435, or 22-3-441 constitutes a distinct and separate offense.
History: En. Sec. 14, Ch. 563, L. 1979.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 5. Museum Loan Act › 22-3-502. Purpose

22-3-502. Purpose.
The people of Montana have an interest in preserving and protecting objects of scientific, historic, artistic, or cultural value and making them accessible to the public. The purpose of this part is to serve this interest by establishing a uniform procedure for lenders to preserve their interests in property loaned to museums; to require lenders to notify museums of changes of address and transfers of ownership of loaned property; and to vest title to unclaimed property in the museum that holds it.
History: En. Sec. 2, Ch. 630, L. 1985.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 5. Museum Loan Act › 22-3-503. Definitions

22-3-503. Definitions.
As used in this part, the following definitions apply:
(1) "Loan" means a deposit of property not accompanied by a transfer of title to the property.
(2) "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.
(3) "Property" includes any tangible object, animate or inanimate, that has intrinsic historic, artistic, scientific, or cultural value.
History: En. Sec. 3, Ch. 630, L. 1985.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 5. Museum Loan Act › 22-3-504. Loans for an indefinite term

22-3-504. Loans for an indefinite term.
(1) If a museum accepts a loan of property for an indefinite term or for a term longer than 7 years, the museum must inform the lender in writing at the time of the loan of the provisions of this part.
(2) For the purposes of this part, a loan for a specified term becomes a loan for an indefinite term if the property remains in the custody of the museum after the specified term expires.
History: En. Sec. 4, Ch. 630, L. 1985.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 5. Museum Loan Act › 22-3-505. Manner of giving notice to lender

22-3-505. Manner of giving notice to lender.
When the provisions of this part require a museum to give notice to a lender, the museum is considered to have given notice if the museum mails the notice to the lender at the lender's address and proof of receipt is received by the museum within 30 days from the date the notice was mailed. If the museum does not have a current address for the lender or if proof of receipt is not received by the museum, notice is considered given if the museum publishes it at least once a week for 3 consecutive weeks in a newspaper of general circulation in both the county in which the museum is located and the county of the lender's most recent address as shown on the museum's records.
History: En. Sec. 5, Ch. 630, L. 1985.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 5. Museum Loan Act › 22-3-506. Notice of intent to preserve interest

22-3-506. Notice of intent to preserve interest.
(1) The owner of property on loan to a museum may file with the museum a notice of intent to preserve an interest in the property. This notice must be in writing and must contain a description of the property adequate to enable the museum to identify the property.
(2) The filing of a notice of intent to preserve an interest in property on loan to a museum does not validate or make enforceable any claim that would be extinguished under the terms of a written loan agreement or that would otherwise be invalid or unenforceable.
(3) (a) Unless the loaned property is returned to the claimant, the museum shall retain for not less than 25 years the original or an accurate copy of any notice filed by a claimant under this section.
(b) The fact that the museum retains a notice may not be construed to mean that the notice is sufficient or accurate or that it is effective to preserve an interest in property on loan to the museum.
(4) A notice of intent to preserve an interest in property on loan to a museum satisfies the requirements of subsection (1) if it is in substantially the following form and contains the information and attachments described:
NOTICE TO PRESERVE AN INTEREST IN PROPERTY
ON LOAN TO A MUSEUM
Name of Museum Date....................
Claimant's Name
Address
(street address; city; state; zip code)
Telephone
Date Property Loaned
Description of Property
Documentation of ownership -- check the appropriate box:
☐ Legible copy of original loan receipt attached
☐ Other documentation attached
If you are not the original lender, describe the origin of your interest in the property and attach a copy of any document that creates your interest:
I understand that I must promptly notify the museum in writing of any change of address or change in ownership of the loaned property.
I declare under penalty of false swearing that to the best of my knowledge the information contained in this notice is true.
SIGNED
(claimant)
OR I declare under penalty of false swearing that I am authorized to act on behalf of the claimant and am informed and believe that the information contained in this notice is true.
SIGNED
(claimant's representative)
History: En. Sec. 6, Ch. 630, L. 1985.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 5. Museum Loan Act › 22-3-507. Notice of change of address or transfer of ownership

22-3-507. Notice of change of address or transfer of ownership.
The owner of property on loan to a museum shall notify the museum in writing of any change of address or change in ownership of the property.
History: En. Sec. 7, Ch. 630, L. 1985.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 5. Museum Loan Act › 22-3-508. Conservation or disposal of loaned property

22-3-508. Conservation or disposal of loaned property.
(1) Unless there is a written loan agreement to the contrary, a museum may apply conservation measures to or dispose of property on loan to the museum without the lender's permission if immediate action is required to protect the property on loan or other property in the custody of the museum or if the property on loan has become a hazard to the health and safety of the public or the museum staff and:
(a) the museum is unable to reach the lender at the lender's last address of record; or
(b) the lender will not agree to the protective measures the museum recommends, yet is unwilling or unable to terminate the loan and retrieve the property.
(2) If a museum applies conservation measures to or disposes of property under the provisions of this section, the museum:
(a) has a lien on the property and on the proceeds of any disposition thereof for the costs incurred by the museum; and
(b) is not liable for injury to or loss of the property if it:
(i) had a reasonable belief at the time the action was taken that the action was necessary to protect the property on loan or other property in the custody of the museum or that the property on loan was a hazard to the health and safety of the public or the museum staff; and
(ii) exercised reasonable care in the choice and application of conservation measures.
History: En. Sec. 8, Ch. 630, L. 1985.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 5. Museum Loan Act › 22-3-509. Notice of injury or loss

22-3-509. Notice of injury or loss.
(1) A museum shall give a lender prompt notice of any known injury to or loss of property on loan.
(2) A notice of injury or loss must contain the lender's name, the lender's most recent address as shown on the museum's records, the date of the loan, and the name, address, and telephone number of the appropriate office or official to be contacted at the museum for information regarding the loan.
(3) If the museum is unable to give the lender the notice required by this section by mail, the museum shall publish the notice as provided in 22-3-505 and in addition shall include a statement containing substantially the following information:
The records of
(name of museum)
indicate that you have property on loan to it. Your failure to notify it in writing of a change of address or ownership may result in the loss of rights in the loaned property. See 22-3-507, MCA.
History: En. Sec. 9, Ch. 630, L. 1985.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 5. Museum Loan Act › 22-3-510. Notice of intent to terminate loan

22-3-510. Notice of intent to terminate loan.
A museum may give the lender notice of its intent to terminate a loan made for an indefinite term or for a term longer than 7 years. A notice of intent to terminate a loan must include the lender's name, the lender's most recent address as shown on the museum's records, the date of the loan, and the name, address, and telephone number of the appropriate office or official to be contacted at the museum for information regarding the loan. In addition, it must include a statement containing substantially the following information:
The records of................................
(name of museum)
indicate that you have property on loan to it. The institution wishes to terminate the loan. You must contact the institution, establish your ownership of the property, and make arrangements to collect the property. If you fail to do so, you will be considered to have donated the property to the institution. See 22-3-504, MCA.
History: En. Sec. 10, Ch. 630, L. 1985.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 5. Museum Loan Act › 22-3-521. Limitation on action against the museum

22-3-521. Limitation on action against the museum.
(1) No action may be brought against a museum for damages because of injury to or loss of property loaned to the museum more than 3 years from the date the museum gives the lender notice of the injury or loss or 10 years from the date of the injury or loss, whichever occurs earlier.
(2) No action may be brought against a museum to recover property on loan if more than 3 years have passed from the date the museum gave the lender notice of its intent to terminate the loan as provided in 22-3-510.
(3) No action may be brought against a museum to recover property on loan if more than 25 years have passed from the date of the last written contact between the lender and the museum, as evidenced in the museum's records.
(4) A lender is considered to have donated loaned property to the museum if the lender fails to file an action to recover the property on loan to the museum within the periods specified in subsections (1) through (3).
(5) A person who purchases property from a museum acquires good title to the property if the museum has acquired title to the property pursuant to subsection (4).
(6) Notwithstanding subsections (3) and (4), a lender who was not given notice that the museum intended to terminate a loan and who proves that the museum received a notice of intent to preserve an interest in loaned property within the 25 years immediately preceding the filing of an action to recover the property may recover the property or, if the property has been disposed of, the reasonable value of the property at the time it was disposed of plus interest at 10% a year.
History: En. Sec. 11, Ch. 630, L. 1985.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 5. Museum Loan Act › 22-3-522. Uniform Unclaimed Property Act superseded

22-3-522. Uniform Unclaimed Property Act superseded.
The provisions of this part supersede the provisions of Title 70, chapter 9, except that at its option, a museum may report property that has been on loan unclaimed by its owner for more than 5 years to the department of revenue for disposition as provided in Title 70, chapter 9.
History: En. Sec. 12, Ch. 630, L. 1985; amd. Sec. 21, Ch. 16, L. 1991.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 5. Museum Loan Act › 22-3-523. Applicability

22-3-523. Applicability.
This part applies only to property loaned to a museum on or after October 1, 1985, or to existing loaned property with a market value of $1,000 or less at the time of disposal.
History: En. Sec. 14, Ch. 630, L. 1985.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 6. Local Management of Historic Properties › 22-3-602. Purpose

22-3-602. Purpose.
The purposes of this part are to:
(1) encourage the restoration, preservation, and maintenance of historic sites and buildings owned by the state of Montana;
(2) encourage the participation of Montana citizens and groups in the local management, on a nonprofit basis, of historic sites and buildings through the donation of time, materials, and resources toward the restoration and preservation of these properties;
(3) remove unnecessary barriers to the efficient and cost-effective management of historic sites and buildings by qualified and responsible local nonprofit corporations as contracted managers; and
(4) retain state ownership of historic sites and buildings and state control over decisions concerning their historic integrity and preservation so that the citizens of the state may realize the greatest benefits available from each property.
History: En. Sec. 2, Ch. 261, L. 1989.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 6. Local Management of Historic Properties › 22-3-603. Management of historic sites and buildings -- contracts

22-3-603. Management of historic sites and buildings -- contracts.
(1) The Montana historical society may accept gifts, grants, bequests, or contributions of money, property, labor, or materials for use in the operation, maintenance, repair, preservation, or renovation of any historic site or building owned by the state of Montana.
(2) The Montana historical society may contract with a local nonprofit corporation for the operation, maintenance, preservation, repair, or renovation of any historic site or building owned by the state. The nonprofit corporation may not be considered a public agency for purposes of Title 18, except for the provisions in chapter 2, part 2, or for the purposes of other statutes applicable to the historical society if 25% of the total annual expenses for all costs of operation, maintenance, repair, preservation, and renovation of the historic site or building is provided by in-kind or donated labor or materials by or on behalf of the contracting local nonprofit corporation. The nonprofit corporation shall conform to the provisions of Title 18, chapter 2, part 2, and Title 35, chapter 2.
(3) A contract may not be entered into or any other obligation incurred for the purposes in subsection (1) until money has been appropriated by the legislature or is otherwise available. If funds are otherwise available, Title 18, chapter 2, parts 1, 3, and 4, are not applicable.
(4) The Montana historical society may require a corporation managing a property pursuant to subsection (2) to deposit in a local financial institution all profits, revenue, royalties, or fees received or all gifts, grants, bequests, or other contributions collected by the corporation for the benefit of the property. All funds must be accounted for pursuant to the management contract and reviewed biennially by the society or its designee, and expenditures of the funds may be used only for the operation, maintenance, preservation, repair, renovation, and management of the property. The Montana historical society or its designee may conduct an audit of the funds when determined necessary by the society.
History: En. Sec. 3, Ch. 261, L. 1989; amd. Sec. 121, Ch. 42, L. 1997; amd. Sec. 1, Ch. 10, L. 2005.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 7. Law Enforcement Officers' Memorial › 22-3-701. Creation of law enforcement officers' memorial

22-3-701. Creation of law enforcement officers' memorial.
The memorial in the Montana law enforcement museum, located in the old Montana state prison, Deer Lodge, Montana, which is dedicated to the individuals who have served their communities and the state of Montana as law enforcement officers and have been killed or died in the line of duty, is designated as this state's official law enforcement officers' memorial.
History: En. Sec. 1, Ch. 45, L. 1991; amd. Sec. 357, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 8. Human Skeletal Remains and Burial Site Protection › 22-3-801. Short title

22-3-801. Short title.
This part may be cited as the "Human Skeletal Remains and Burial Site Protection Act".
History: En. Sec. 1, Ch. 748, L. 1991.