reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 8. Human Skeletal Remains and Burial Site Protection › 22-3-803. Definitions

22-3-803. Definitions.
As used in this part, the following definitions apply:
(1) "Board" means the burial preservation board established in 22-3-804.
(2) "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.
(3) "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.
(4) "Human skeletal remains" means any part of the human body in any state of decomposition taken from a burial site.
(5) "Marked, unmarked, unrecorded, registered, or unregistered grave or burial ground" means any place, except a cemetery or graveyard protected under existing state law, where human skeletal remains are or have been interred.
(6) "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.
(7) "Tribal group" means an Indian tribe recognized by the United States secretary of the interior or recognized as a tribe by other Indian nations.
History: En. Sec. 3, Ch. 748, L. 1991.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 8. Human Skeletal Remains and Burial Site Protection › 22-3-806. Scientific analysis -- permit required

22-3-806. Scientific analysis -- permit required.
(1) Although onsite reburial is preferred, the board may, upon petition by a person seeking permission to perform scientific analysis, grant a permit for the scientific removal and analysis of human skeletal remains and burial material upon proof and determination by the board that the analysis is scientifically justifiable. A petition for a permit must include:
(a) payment of the nonrefundable application fee provided for in 22-3-804; and
(b) a brief narrative describing the methodology to be used, the timeframe needed to complete the scientific study, and any other information specifically requested by the board relating to the proposed study.
(2) The methodology proposed must be reviewed by the state historic preservation officer or the officer's designated representative and the physical anthropologist on the board, and a recommendation must be made to the full board. Once approved by the board, any change in methodology or in the timeframe must be approved by the board before the original timeframe expires. The timeframe for scientific study may not exceed 12 months from the date of issuance of the permit.
(3) A permit for scientific analysis issued by the board is subject to terms, conditions, and procedures prescribed by the board and must include the condition that a permittee shall pay all costs of excavation, study, and disposition.
(4) The board shall either issue or deny a permit within 30 working days from the date of the permit petition. If the board denies a permit upon a finding that scientific analysis is not justifiable, the board shall provide the applicant with a written statement outlining the grounds for its finding. The applicant may appeal the decision of the board under the provisions of Title 2, chapter 4, part 6, of the Montana Administrative Procedure Act.
(5) The board may suspend or revoke a permit pursuant to the Montana Administrative Procedure Act upon a finding that the permittee has violated any provision of this part or any term, condition, or procedure of a permit issued by the board.
(6) The provisions of this section do not apply to a forensic examination by the county coroner, action under Title 46, chapter 4, or action under any other related provisions of law concerning the investigation of the circumstances, manner, and cause of death.
History: En. Sec. 6, Ch. 748, L. 1991; amd. Sec. 359, 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 › 22-3-807. Nondisclosure of records

22-3-807. Nondisclosure of records.
(1) The state historic preservation officer, in consultation with the board, shall maintain burial site records that are separate and distinct from those in the cultural resource registry and that are necessary to administer this part.
(2) Burial site records are confidential and available only to criminal justice agencies or to federal, state, and tribal personnel or their appointed representatives legally charged with administering laws protecting cultural resources.
(3) Statistical information compiled from burial site records must be made available to the general public. Any information concerning burial site records that is released to a criminal justice agency is confidential criminal justice information, as defined in 44-5-103, and is subject to dissemination pursuant to 44-5-303.
History: En. Sec. 7, Ch. 748, L. 1991.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 8. Human Skeletal Remains and Burial Site Protection › 22-3-808. Prohibited acts -- penalties

22-3-808. Prohibited acts -- penalties.
(1) After July 1, 1991, unless authorized under this part or by the descendants, tribe, cultural group, or other person, group, or entity to which the board gives control of the human skeletal remains or burial materials under 22-3-805, a person may not:
(a) purposely or knowingly pilfer, disturb, destroy, or permit pilferage, disturbance, or destruction of a marked, unmarked, unrecorded, registered, or unregistered grave or burial ground or of burial material;
(b) for commercial use, knowingly possess, buy, sell, transport, barter, or display human skeletal remains or burial material acquired in violation of this part; or
(c) purposely or knowingly disclose information knowing that it is highly probable that the disclosure will lead to pilferage, disturbance, or destruction of a burial site.
(2) A person convicted under the provisions of subsection (1)(a) may be fined an amount not to exceed $1,000, be imprisoned in the county jail for not more than 6 months, or both. A person convicted of a subsequent violation of subsection (1)(a) may be fined an amount not to exceed $20,000, be imprisoned for not more than 5 years, or both.
(3) A person convicted under the provisions of subsection (1)(b) may be fined an amount not to exceed $50,000, be imprisoned for not more than 20 years, or both.
(4) A person convicted under the provisions of subsection (1)(c) may be fined an amount not to exceed $500, be imprisoned for not more than 6 months, or both. A person convicted of a subsequent violation of subsection (1)(c) may be fined an amount not to exceed $10,000, be imprisoned for not more than 5 years, or both.
(5) A person who knowingly fails to give notice as required by 22-3-805(1) may be fined an amount not less than $100 or more than $500.
(6) A person who violates a provision of this section or any term or condition of a permit issued under 22-3-806 is subject to a civil penalty not to exceed $2,000 for the first violation and not to exceed $10,000 for a subsequent violation.
History: En. Sec. 8, Ch. 748, L. 1991.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 8. Human Skeletal Remains and Burial Site Protection › 22-3-809. Civil penalty and damages actions

22-3-809. Civil penalty and damages actions.
(1) This part does not preclude civil actions for damages.
(2) The board may bring an action under 22-3-808 for a civil penalty.
History: En. Sec. 9, Ch. 748, L. 1991.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 8. Human Skeletal Remains and Burial Site Protection › 22-3-810. Closure of board meetings

22-3-810. Closure of board meetings.
The board may close part of a meeting of the board to the public if the board finds that information that may be acquired at that part of the meeting may allow a person to identify a burial site, human skeletal remains, or burial material and pilfer, disturb, or destroy the human skeletal remains, burial site, or burial material.
History: En. Sec. 10, Ch. 748, L. 1991.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 8. Human Skeletal Remains and Burial Site Protection › 22-3-811. Disposition of fees, grants, and donations

22-3-811. Disposition of fees, grants, and donations.
There is an account in the state special revenue fund. The board shall deposit any fee, grant, or donation received under 22-3-804 into the account to be used to pay the board's expenses.
History: En. Sec. 13, Ch. 748, L. 1991; amd. Sec. 2, Ch. 99, L. 2015.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 9. Repatriation of Human Remains and Funerary Objects › 22-3-901. Short title

22-3-901. Short title.
This part may be cited as the "Montana Repatriation Act".
History: En. Sec. 1, Ch. 558, L. 2001.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 9. Repatriation of Human Remains and Funerary Objects › 22-3-904. Rules

22-3-904. Rules.
The board shall adopt rules necessary to provide for filing of claims, procedures for hearings authorized under this part, and procedures for resolving multiple claims. Hearings may not occur until rules have been adopted. Rules must address, at a minimum, criteria for determining lineal descent, cultural affiliation, standards of evidence, and standards of proof.
History: En. Sec. 12, Ch. 558, L. 2001.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 9. Repatriation of Human Remains and Funerary Objects › 22-3-911. Agency and museum inventory of human skeletal remains and funerary objects

22-3-911. Agency and museum inventory of human skeletal remains and funerary objects.
(1) An agency or museum that on or after May 2, 2001, has possession or control over human skeletal remains or funerary objects shall within 6 months complete an inventory of all human skeletal remains and funerary objects and, to the extent possible based on all information possessed by the agency or museum:
(a) identify the circumstances surrounding the acquisition of the human skeletal remains or funerary objects, including any geographical information available pertaining to the original location of the human skeletal remains or funerary objects;
(b) list in the inventory the human skeletal remains or funerary objects that are clearly identifiable as to cultural affiliation; and
(c) list the human skeletal remains or funerary objects that are not clearly identifiable as to cultural affiliation.
(2) Within 3 months of completing the inventory, the agency or museum shall provide a copy of the inventory to:
(a) the board;
(b) the state historic preservation office; and
(c) each tribal government located in Montana.
(3) The agency, museum, board, or state historic preservation office shall provide a copy of an inventory list or a portion of a list to any other requesting party only after the agency, museum, board, or office, pursuant to Article II, section 9, of the Montana constitution, has balanced the public's right to the information and the individual privacy interest associated with the information and has determined that the right of individual privacy does not clearly exceed the merits of public disclosure.
(4) Following completion of the initial inventory, each agency or museum shall, whenever the agency or museum receives new human skeletal remains or funerary objects through a loan or donation, update its inventory list within 6 months of the loan or donation. Upon completion, the agency or museum shall provide a copy of this update to the entities listed in subsection (2) within 3 months.
History: En. Sec. 4, Ch. 558, L. 2001.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 9. Repatriation of Human Remains and Funerary Objects › 22-3-912. Claims for repatriation

22-3-912. Claims for repatriation.
(1) A claim for repatriation of human skeletal remains or funerary objects must be made by:
(a) filing a written claim for the human skeletal remains or funerary objects with the board and the possessing entity having possession or control of the human skeletal remains or funerary objects; and
(b) proving, by a preponderance of the evidence:
(i) the claimant's cultural affiliation to the human skeletal remains or funerary objects; and
(ii) that the possessing entity does not have the right of possession.
(2) A claim for repatriation under this section may be made by a claimant:
(a) who claims cultural affiliation and requests the return of human skeletal remains or funerary objects listed in the inventory of an agency or museum; or
(b) who requests the repatriation of human skeletal remains or funerary objects that are not listed in the inventory of an agency or museum but are in the possession or control of the possessing entity.
History: En. Sec. 5, Ch. 558, L. 2001.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 9. Repatriation of Human Remains and Funerary Objects › 22-3-913. Hearing -- hearings examiner -- evidence -- study or testing order and costs -- findings

22-3-913. Hearing -- hearings examiner -- evidence -- study or testing order and costs -- findings.
(1) The board shall appoint an attorney licensed to practice law in Montana as a hearings examiner to hold a hearing pursuant to Title 2, chapter 4, part 6, on a claim filed under 22-3-912. At a hearing under this section, the hearings examiner shall hear the evidence presented by each party, including evidence presented by a possessing entity or intervenor in support of a request for a temporary delay in repatriation made under 22-3-915.
(2) Either party or an intervenor may request and is responsible for the cost of genetic or other study or testing necessary to determine cultural affiliation. Upon such a request, the hearings examiner may order any study or testing necessary and may require a surety bond to ensure protection of human skeletal remains or funerary objects. The hearings examiner may grant the study or testing requested along with sufficient time to conduct the study or testing or may deny any study or testing requested upon a finding that the study or testing would not likely be pertinent to the determination of cultural affiliation.
(3) (a) If, based on a preponderance of the evidence, the hearings examiner finds that the claimant has a cultural affiliation with the human skeletal remains or funerary objects and that the possessing entity does not have the right of possession, the hearings examiner shall recommend to the board that the board order repatriation under 22-3-916. If the hearings examiner finds that there is a need to temporarily delay repatriation based on an ongoing scientific study or a good faith effort toward scientific study under 22-3-915, the hearings examiner shall recommend a delay as provided in 22-3-915.
(b) If, based on a preponderance of the evidence, the hearings examiner finds that the claimant has not proven that the claimant has a cultural affiliation with the human skeletal remains or funerary objects and that the possessing entity has the right of possession, the hearings examiner shall recommend to the board that the board deny the claimant's request for repatriation and shall recommend that the board order that the possessing entity be granted uncontested control and possession of the human skeletal remains or funerary objects under 22-3-916.
(c) A recommendation under this subsection (3) shall be made in the form of a proposal for decision as provided in 2-4-621. The provisions of 2-4-621 apply to a recommendation made under this subsection (3).
(4) If the hearings examiner recommends repatriation, the hearings examiner shall issue an order requiring the possessing entity to consult with the claimant to arrange for the expeditious repatriation of the culturally affiliated human skeletal remains or funerary objects to the claimant, upon order of the board under 22-3-916.
History: En. Sec. 6, Ch. 558, L. 2001.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 9. Repatriation of Human Remains and Funerary Objects › 22-3-914. Closure of hearings

22-3-914. Closure of hearings.
To the extent allowed by Montana law, the board shall, upon the request of either party or an intervenor, close any part of a board hearing or any part of a hearing under 22-3-913 to the public if the board finds that information required at the hearing may include identification of the specific location of a burial site that may lead to compromise of a burial site, human skeletal remains, or funerary objects or that information necessary for a determination regarding repatriation may compromise or interfere with any religious practice or custom.
History: En. Sec. 11, Ch. 558, L. 2001.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 9. Repatriation of Human Remains and Funerary Objects › 22-3-915. Delay of repatriation for scientific study

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:
(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.
History: En. Sec. 7, Ch. 558, L. 2001.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 9. Repatriation of Human Remains and Funerary Objects › 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:
(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.
History: En. Sec. 8, Ch. 558, L. 2001.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 9. Repatriation of Human Remains and Funerary Objects › 22-3-917. Appeals -- stay of order pending appeal -- court costs and attorney fees

22-3-917. Appeals -- stay of order pending appeal -- court costs and attorney fees.
(1) Within 30 days of a board decision regarding human skeletal remains or a funerary object located within the jurisdiction of the state, either party may file an appeal in the district court in the county in which the subject of the dispute is located. The court may include a grant of attorney fees to the prevailing party when it would serve the interests of justice. The court shall grant an award of costs to the prevailing party. An appeal under this section is subject to the provisions of Title 2, chapter 4, part 7.
(2) The filing of an appeal by either party automatically stays a board order on repatriation of human skeletal remains or funerary objects.
(3) A protection order issued by the board remains in effect until the issue is finally resolved by a state court.
History: En. Sec. 9, Ch. 558, L. 2001.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 9. Repatriation of Human Remains and Funerary Objects › 22-3-918. Multiple claims -- care and handling of human skeletal remains or funerary objects pending disposition

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:
(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.
History: En. Sec. 10, Ch. 558, L. 2001.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 9. Repatriation of Human Remains and Funerary Objects › 22-3-921. Exclusions

22-3-921. Exclusions.
The provisions of this part do not apply to any lithic material or other artifacts of nonhuman derivation removed from the Anzick site (known as Montana historical site No. 24PA506) on or before July 1, 1991, regardless of where the material or artifacts are located or by whom the material or artifacts are controlled or possessed.
History: En. Sec. 13, Ch. 558, L. 2001.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 10. Heritage Preservation and Development › 22-3-1001. Purpose

22-3-1001. Purpose.
The purpose of this part is to manage, on behalf of the state, properties that possess outstanding historical value, display exceptional qualities worth preserving, and are genuinely representative of the state's culture and history. The Montana heritage preservation and development commission shall achieve this purpose by managing the properties for which it is responsible in a manner that protects the properties and encourages economic stability.
History: En. Sec. 15, Ch. 469, L. 1997; amd. Sec. 1, Ch. 308, L. 2001; amd. Sec. 1, Ch. 78, L. 2015.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 10. Heritage Preservation and Development › 22-3-1002. Montana heritage preservation and development commission

22-3-1002. Montana heritage preservation and development commission.
(1) There is a Montana heritage preservation and development commission. The commission is attached to the department of commerce for administrative purposes only, pursuant to 2-15-121. The commission and the department shall negotiate a specific indirect administrative rate annually. The rate must be reported to the economic affairs interim committee in accordance with 5-11-210.
(2) (a) The commission consists of 14 members. The members shall broadly represent the state. Nine members must be appointed by the governor, one member must be appointed by the president of the senate, and one member must be appointed by the speaker of the house.
(b) If the president of the senate and the speaker of the house do not appoint the members for which they are responsible within 6 months of a vacancy having occurred in those positions, the members must be appointed by the governor.
(c) The director of the Montana historical society, the director of the department of fish, wildlife, and parks, and the director of the department of commerce shall serve as members. Of the members appointed by the governor under subsection (2)(a):
(i) one member must have extensive experience in managing facilities that cater to the needs of tourists;
(ii) one member must have experience in community planning;
(iii) one member must have experience in historic preservation;
(iv) two members must have broad experience in business;
(v) one member must be a member of the tourism advisory council established in 2-15-1816;
(vi) one member must be a Montana historian; and
(vii) two members must be from the public at large.
(3) Except for the initial appointments, members appointed by the governor under subsection (2)(a) shall serve 3-year terms. Members appointed by the president of the senate and the speaker of the house or by the governor under subsection (2)(b) shall serve 2-year terms. If a vacancy occurs, the appointing authority shall make an appointment for the unexpired portion of the term.
(4) (a) The commission may employ:
(i) an executive director who has general responsibility for the selection and management of commission staff, developing recommendations for the purchase of property, and overseeing the management of acquired property;
(ii) a curator who is responsible for the display and preservation of the acquired property; and
(iii) other staff that the commission and the executive director determine are necessary to manage and operate commission properties.
(b) The commission shall prescribe the duties and annual salary of the executive director, the curator, and other commission staff.
History: En. Sec. 13, Ch. 469, L. 1997; amd. Sec. 2, Ch. 308, L. 2001; amd. Sec. 1, Ch. 485, L. 2003; amd. Sec. 2, Ch. 78, L. 2015; amd. Sec. 61, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 10. Heritage Preservation and Development › 22-3-1004. Montana heritage preservation and development account

22-3-1004. (Temporary) Montana heritage preservation and development account.
(1) (a) There is a Montana heritage preservation and development account in the state special revenue fund and in the federal special revenue fund.
(b) The Montana heritage preservation and development commission shall deposit any federal money that the commission obtains into the appropriate account provided for in this section.
(2) Money deposited in the accounts must be used for:
(a) restoration, maintenance, and operation of historic properties in Virginia City and Nevada City; and
(b) restoring and maintaining historically significant properties in Montana that are in need of preservation.
(3) Unless otherwise prohibited by law or agreement, all interest earned on money in the accounts must be deposited in the state special revenue fund to the credit of the commission. (Terminates June 30, 2027--sec. 12, Ch. 563, L. 2021.)
22-3-1004. (Effective July 1, 2027) Montana heritage preservation and development account.
(1) (a) There is a Montana heritage preservation and development account in the state special revenue fund and in the federal special revenue fund.
(b) The Montana heritage preservation and development commission shall deposit any federal money that the commission obtains into the appropriate account provided for in this section.
(2) Money deposited in the accounts must be used for:
(a) restoration, maintenance, and operation of historic properties in Virginia City and Nevada City; and
(b) restoring and maintaining historically significant properties in Montana that are in need of preservation.
(3) The accounts are statutorily appropriated, as provided in 17-7-502, to the commission to be used as provided in this section.
(4) Unless otherwise prohibited by law or agreement, all interest earned on money in the accounts must be deposited in the state special revenue fund to the credit of the commission.
History: En. Sec. 17, Ch. 469, L. 1997; amd. Sec. 4, Ch. 308, L. 2001; amd. Sec. 2, Ch. 542, L. 2003; amd. Sec. 4, Ch. 78, L. 2015; amd. Sec. 6, Ch. 563, L. 2021.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 11. Historic Sites › 22-3-1101. Tower Rock -- historic site

22-3-1101. Tower Rock -- historic site.
(1) A 136-acre site that encompasses Tower Rock, a geologic structure listed in the national register of historic places on March 18, 2002, may not be sold or transferred to a nonstate entity and must remain intact as the property of the state of Montana to recognize the national and local historic significance of the Lewis and Clark expedition, whose members named the rock formation, according to notations in the July 16 and 17, 1805, journals of Meriwether Lewis.
(2) The department of transportation may transfer the land to another state agency, and the provisions of 60-4-201 through 60-4-203 do not apply. In any transfer of the site, the department of transportation may retain access rights where the site abuts interstate 15.
History: En. Sec. 1, Ch. 77, L. 2003.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 12. Montana Centennial Farm and Ranch Program › 22-3-1201. Purpose

22-3-1201. Purpose.
The purpose of this part is to recognize and celebrate the agricultural traditions of the state by identifying those places that represent the perseverance and stewardship of Montana families on their farms and ranches. The Montana centennial farm and ranch program accomplishes this purpose by acknowledging the strength and determination of these families and their efforts to preserve their agricultural traditions, through issuance of a certificate designating a qualified property as a centennial farm or ranch.
History: En. Sec. 1, Ch. 399, L. 2009.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 12. Montana Centennial Farm and Ranch Program › 22-3-1202. Montana centennial farm and ranch program

22-3-1202. Montana centennial farm and ranch program.
(1) There is a Montana centennial farm and ranch program to recognize Montana farm and ranch families that have owned or lived on their land for 100 years or more.
(2) A Montana farm or ranch family may apply for a centennial farm or ranch designation and a certificate through the program if the family:
(a) has owned or lived on the farm or ranch for 100 years or more;
(b) submits an application to the Montana historical society; and
(c) pays the fee set by the historical society to cover the application process and the certificate.
History: En. Sec. 2, Ch. 399, L. 2009.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 12. Montana Centennial Farm and Ranch Program › 22-3-1203. Administration of program -- fee -- rules

22-3-1203. Administration of program -- fee -- rules.
(1) The Montana centennial farm and ranch program is administered by the Montana historical society.
(2) The historical society may adopt rules for administering the program, including but not limited to rules:
(a) creating the application form and process;
(b) setting the application fee;
(c) creating guidelines for accepting or declining applications; and
(d) designing and awarding certificates to qualifying families.
(3) The fee provided for in this section must be deposited in an account in the state special revenue fund and may be used by the historical society only for maintaining the program.
History: En. Sec. 3, Ch. 399, L. 2009.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 13. Montana Museums Act of 2020 › 22-3-1301. Short title

22-3-1301. Short title.
This part may be cited as the "Montana Museums Act of 2020".
History: En. Sec. 1, Ch. 459, L. 2019.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 13. Montana Museums Act of 2020 › 22-3-1302. Authorization to construct Montana heritage center

22-3-1302. Authorization to construct Montana heritage center.
(1) The department of administration is authorized to construct the Montana heritage center, which may include the remodel of the veterans' and pioneer memorial building.
(2) The department of administration shall, to the fullest extent possible, analyze, negotiate, and pursue purchasing the area bounded by Prospect avenue, 11th avenue, North Sanders street, and North Oakes street in Helena, Montana, containing approximately 9.4 acre lots, as the location of the Montana heritage center.
(3) The department of administration may construct the Montana heritage center in phases.
(4) This section constitutes legislative consent for the construction of the Montana heritage center within the meaning of 18-2-102.
History: En. Sec. 2, Ch. 459, L. 2019; amd. Sec. 12, Ch. 422, L. 2019.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 13. Montana Museums Act of 2020 › 22-3-1303. Account -- Montana heritage center construction

22-3-1303. Account -- Montana heritage center construction.
There is an account in the capital projects fund established in 17-2-102 known as the Montana heritage center construction account. The tax collections allocated in 15-68-820(3)(a) must be deposited in the account until December 31, 2024. The money in the account is authorized to the department of administration and may be used only for capital construction of the Montana heritage center.
History: En. Sec. 3, Ch. 459, L. 2019; amd. Sec. 2, Ch. 8, L. 2021.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 13. Montana Museums Act of 2020 › 22-3-1304. Account -- Montana heritage center operations

22-3-1304. Account -- Montana heritage center operations.
There is an account in the state special revenue fund established in 17-2-102 known as the Montana heritage center operations account. The tax collections allocated in 15-68-820(4)(a) must be deposited in the account. The money in the account may be used only for expenses incurred in the operation and maintenance of the Montana heritage center, which may include the veterans' and pioneer memorial building.
History: En. Sec. 4, Ch. 459, L. 2019.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 13. Montana Museums Act of 2020 › 22-3-1305. Historic preservation grant program -- proposals -- recommendations

22-3-1305. (Temporary) Historic preservation grant program -- proposals -- recommendations.
(1) There is a historic preservation grant program established within the department of commerce. Except as provided in subsection (6), a person, association, or representative of a governing unit seeking a historic preservation grant under this section must submit a grant proposal to the department by March 1 of the year preceding the convening of a regular legislative session.
(2) The department shall review all proposals for historic preservation grants in consultation with the tourism advisory council and the state historical preservation office before they are submitted to the legislature.
(3) Consistent with the rules adopted in accordance with 22-3-1306, the department shall make recommendations to the legislature on each proposal submitted to the department.
(4) The department's recommendations to the legislature are advisory.
(5) The department shall present its recommendations to the appropriations committee of the legislature by the 15th day of a regular legislative session.
(6) The legislature may appropriate funds for a qualifying historic preservation grant in addition to those recommended by the department of commerce. (Terminates June 30, 2025--sec. 11, Ch. 710, L. 2023.)
22-3-1305. (Effective July 1, 2025) Historic preservation grant program -- proposals -- recommendations.
(1) There is a historic preservation grant program established within the department of commerce. A person, association, or representative of a governing unit seeking a historic preservation grant under this section must submit a grant proposal to the department by March 1 of the year preceding the convening of a regular legislative session.
(2) The department shall review all proposals for historic preservation grants in consultation with the tourism advisory council and the state historical preservation office before they are submitted to the legislature.
(3) Consistent with the rules adopted in accordance with 22-3-1306, the department shall make recommendations to the legislature on each proposal submitted to the department.
(4) The department's recommendations to the legislature are advisory.
(5) The department shall present its recommendations to the appropriations committee of the legislature by the 15th day of a regular legislative session.
History: En. Sec. 5, Ch. 459, L. 2019; amd. Sec. 1, Ch. 710, L. 2023.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 13. Montana Museums Act of 2020 › 22-3-1306. Priorities for funding -- rulemaking

22-3-1306. Priorities for funding -- rulemaking.
(1) The department of commerce shall make recommendations for grants awarded under the historic preservation grant program to eligible entities for the preservation of historic sites, historical societies, or history museums in the state.
(2) Projects funded under this section must provide that a significant portion of the facility be open to public access and use. Projects that confer only a private benefit are not eligible.
(3) The recommendations must be based on competitive criteria created by the department, as guided by the legislature. The criteria may include:
(a) the degree of economic stimulus or economic activity, including job creation and work creation for Montana contractors and service workers;
(b) the purpose of the project, including whether it provides features that establish or enhance security, climate control, or fire protection for museums or address infrastructure, maintenance, or building code issues;
(c) the timing of the project, including access to matching funds, if needed, and approval of permits so that work can be completed without delay;
(d) the historic or heritage value related to the state of Montana;
(e) the successful track record or experience of the organization directing the project;
(f) the expected ongoing economic benefit to the state as a result of the project completion;
(g) the degree of local contribution to the project; and
(h) the anticipated public benefit, including the extent the site or building will be open to the public and the degree of immediate facility use after project completion.
(4) The department of commerce shall adopt rules necessary to implement the historic preservation grant program. In adopting rules, the department shall look to the rules adopted for the Montana coal endowment program, the cultural and aesthetic grant program, and other similar state programs. To the extent feasible, the department shall make the rules compatible with those other programs.
History: En. Sec. 6, Ch. 459, L. 2019; amd. Sec. 3, Ch. 330, L. 2021; amd. Sec. 2, Ch. 710, L. 2023.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 13. Montana Museums Act of 2020 › 22-3-1307. Historic preservation grant program account

22-3-1307. Historic preservation grant program account.
(1) There is an account in the state special revenue fund established in 17-2-102 known as the historic preservation grant program account. The tax collections allocated in 15-68-820(3)(b) and (4)(c) must be deposited in the account.
(2) Money deposited in the account is subject to appropriation by the legislature and may be used only for historic preservation grants to be administered by the department of commerce.
(3) The department shall allocate and disburse historic preservation account funds as appropriated by the legislature.
History: En. Sec. 7, Ch. 459, L. 2019.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 14. National Heritage Areas and National Historic Trails › 22-3-1401. Legislative approval of national designations

22-3-1401. Legislative approval of national designations.
Any designation by the United States national park service of a national heritage area or national historic trail, pursuant to 54 U.S.C. 300101, et seq., that extends beyond federal land requires the approval of the legislature prior to a congressional act.
History: En. Sec. 1, Ch. 538, L. 2021.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 1. Parks › Part 1. State Parks › 23-1-101. Purposes -- definitions

23-1-101. Purposes -- definitions.
(1) For the purposes of conserving the scenic, historic, archaeologic, scientific, and recreational resources of the state, providing for their use and enjoyment, and contributing to the cultural, recreational, and economic life of the people and their health, the department and board are vested with the duties and powers set forth in this part.
(2) For the purposes of this part, the following definitions apply:
(a) "Board" means the state parks and recreation board established in 2-15-3406.
(b) "Commission" means the fish and wildlife commission established in 2-15-3402.
(c) "Department" means the department of fish, wildlife, and parks established in 2-15-3401.
(d) "Director" means the director of fish, wildlife, and parks as provided in 2-15-3401.
History: En. Sec. 1, Ch. 48, L. 1939; amd. Sec. 1, Ch. 178, L. 1953; amd. Sec. 1, Ch. 69, L. 1965; amd. Sec. 1, Ch. 2, L. 1977; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 62-301; amd. Sec. 2, Ch. 218, L. 1979; amd. Sec. 8, Ch. 235, L. 2013.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 1. Parks › Part 1. State Parks › 23-1-102. Powers and duties of department

23-1-102. Powers and duties of department.
(1) The department shall make a study to determine the scenic, historic, archaeologic, scientific, and recreational resources of the state. The department may:
(a) by purchase, lease, agreement, or acceptance of donations acquire for the state any areas, sites, or objects that in its opinion should be held, improved, and maintained as state parks, state recreational areas, state monuments, or state historic sites;
(b) with the consent of the board, acquire by condemnation, pursuant to Title 70, chapter 30, lands or structures for the purposes provided in 87-1-209(2);
(c) with the consent of the board, enter into a contract pursuant to 18-4-313(2)(e);
(d) accept in the name of the state, in fee or otherwise, any areas, sites, or objects conveyed, entrusted, donated, or devised to the state; and
(e) lease those portions of designated lands that are necessary for the proper administration of the lands in keeping with the basic purposes of this part.
(2) The department may accept gifts, grants, bequests, or contributions of money or other property to be spent or used for any of the purposes of this part.
(3) A contract, for any of the purposes of this part, may not be entered into or another obligation incurred until money has been appropriated by the legislature or is otherwise available. If the contract or obligation pertains to acquisition of areas or sites in excess of either 100 acres or $100,000 in value, the board of land commissioners shall specifically approve the acquisition.
(4) The department has jurisdiction, custody, and control of all state parks, recreational areas, public camping grounds, historic sites, and monuments, except wayside camps and other public conveniences acquired, improved, and maintained by the department of transportation and contiguous to the state highway system. The department may designate lands under its control as state parks, state historic sites, state monuments, or any other designation that it considers appropriate. The department may remove or change the designation of any area or portion of an area and may name or change the name of any area.
History: En. Sec. 4, Ch. 48, L. 1939; amd. Sec. 1, Ch. 46, L. 1955; amd. Sec. 2, Ch. 69, L. 1965; amd. Sec. 1, Ch. 135, L. 1969; amd. Sec. 49, Ch. 511, L. 1973; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 62-304; amd. Sec. 2, Ch. 218, L. 1979; amd. Sec. 1, Ch. 230, L. 1981; amd. Sec. 1, Ch. 418, L. 1981; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 30, Ch. 125, L. 2001; amd. Sec. 9, Ch. 235, L. 2013; amd. Sec. 2, Ch. 322, L. 2015.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 1. Parks › Part 1. State Parks › 23-1-103. Acceptance of title to recreational and camping grounds by board of land commissioners

23-1-103. Acceptance of title to recreational and camping grounds by board of land commissioners.
The state board of land commissioners may acquire and accept title in the name of the state of Montana by grant, dedication, gift, devise, donation, or demise to land suitable for public camping and public recreational use. The state board of land commissioners is hereby authorized to set aside any suitable tract or tracts of state lands for such purpose. Each of the aforesaid tracts of land shall be set aside and used exclusively for public camping and other recreational purposes, and each park created under the provisions of this section shall be given an appropriate name by the state board of land commissioners.
History: En. Sec. 1, Ch. 111, L. 1929; re-en. Sec. 1842.1, R.C.M. 1935; R.C.M. 1947, 62-312.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 1. Parks › Part 1. State Parks › 23-1-104. Connecting roads

23-1-104. Connecting roads.
The department of transportation may construct, improve, and maintain, with state highway funds, connecting roads between existing state highways and state parks. Each road shall not exceed a total length of 10 miles.
History: En. Sec. 7, Ch. 48, L. 1939; amd. Sec. 2, Ch. 178, L. 1953; amd. Sec. 3, Ch. 69, L. 1965; amd. Sec. 50, Ch. 511, L. 1973; R.C.M. 1947, 62-307; amd. Sec. 3, Ch. 512, L. 1991.