Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.65 - BURIAL PRESERVATION BOARD › Subchapter 2.65.3 - Human Skeletal Remains and Burial Site Preservation › Rule 2.65.302 - NOTICE AND REPORTING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) If
				helpful, the coroner may request the assistance of a board representative or
				archaeologist or physical anthropologist and/or anyone else with special
				expertise in his original examination under
				22-3-805(2), MCA.
				If a coroner cannot make the necessary determinations listed in
				22-3-805(2), MCA,
				within two working days after he or she was notified of a possible discovery of
				human remains, he or she shall notify a board member in writing and provide an
				approximate time frame for his or her completion of the examination.
(2) If after taking reasonable steps to make
				his or her determinations listed in
				22-3-805(2), MCA,
				the coroner cannot make his or her determination without removing or disturbing
				the human remains, the coroner shall provide the chairperson of the board with
				written report on the steps he or she took to make his or her determination and
				the reasons why the remains had to be disturbed or removed. The coroner must
				provide this report to the chairperson of the board within three days after the
				remains were disturbed or removed.
(3) Within 24 hours of notification by the
				coroner or other notification of a discovery of human skeletal remains, a
				burial site or burial material, or threatened disturbance of human skeletal
				remains, a burial site or burial material, the state historic preservation
				officer shall contact the landowner, agency, company and/or person, if known,
				conducting the activity which disturbs or threatens to disturb an unmarked
				burial or human skeletal remains, by phone or mail of the discovery and the
				procedures, liabilities and penalties established by the Human Skeletal Remains
				and Burial Site Protection Act. The State Historic Preservation Officer shall
				also notify all board members of such discovery.
(4) If a coroner is unable to notify the
				state historic preservation officer pursuant to the provisions of
				22-3-805(4), MCA,
				the coroner shall notify the chairperson of the board or the law enforcement
				agency of the nearest Indian reservation by telephone. The chairperson of the
				board or the law enforcement agency who was contacted by the coroner shall
				immediately notify the landowner and board member representing the nearest
				reservation.
(5) The board shall
				develop a list, which includes the phone number of the chairperson, the state
				historic preservation officer and all the Montana reservation law enforcement
				agencies and make the list available to the Montana Coroners'
				Association.
(6) The board shall
				develop a telephone list of all board members and the state historic
				preservation officer and distribute it to all Montana reservation law
				enforcement agencies.
(7) The
				coroner shall provide the name, the description of the activity that led to the
				discovery and the phone number of the person who has discovered or disturbed
				human skeletal remains.
(8) When a
				coroner is satisfied that the discovery of human remains are not subject to the
				provisions of Title 46, chapter 4, MCA, or any other related provisions of law
				concerning the investigation and he or she has satisfied the provisions of
				Title 22, chapter 3, MCA, all responsibilities for the human remains, burial
				material and site are the responsibility of the Burial Preservation
				Board.
22-3-804, MCA; IMP,
					 22-3-804,
					 22-3-805,
					 MCA;