2.65.303    FIELD REVIEW

(1) The board representative nearest to the discovery or a representative designated by the chairperson shall conduct a field review.

(2) With the permission of the landowner, a field review shall be conducted within 36 hours after the board received notice of a discovery of human skeletal remains, a burial site or burial material. The board representative may negotiate with the landowner for a reasonable extension of time to conduct a field review, if necessary.

(3) In conducting a field review, evidence that human remains or a burial site exists may include, but is not limited to the following:

(a) physical evidence on-site or by archeological techniques demonstrating the presence of human remains;

(b) previous grave markers;

(c) written documentation; and

(d) oral depositions, affidavits or oral histories.

(4) Subsurface testing to determine whether the property contains a burial site can only be conducted if the board determines that such testing is necessary. Such testing shall be conducted for the sole purpose of determining whether the property contains a burial site.

(5) If it is determined that human skeletal remains, a burial site or burial material exists, a determination of whether the site can be preserved in situ must be made during the field review.

(6) During the field review the board representative shall negotiate with the landowner concerning on-site reburial or disinterment and reburial. In conducting this negotiation the board representative should consider the following aspects of treatment of human remains or burial materials:

(a) avoidance of unnecessary disturbance of human remains and burial materials;

(b) avoidance of separation of human remains and burial materials; and

(c) avoidance of physical testing or modification of human remains and objects.

(7) The board representative and the landowner should attempt to reach an oral or written agreement on a time frame concerning final treatment or disposition of human skeletal remains or burial material.

(8) If within 40 days after notification of the board, the board representative and the landowner have not agreed to the final treatment of the human skeletal remains and burial material and mediation fails, the human skeletal remains and burial material must be removed according to the provisions of these rules.

(9) The board shall develop a form in which the findings of the field reviews can be reported. All field review reports shall be submitted to the state historic preservation officer to be included in the burial registry.

History: 22-3-804, MCA; IMP, 22-3-804, 22-3-805, MCA; NEW, 1998 MAR p. 478, Eff. 2/13/98; TRANS, from Commerce, 2001 MAR p. 2409; TRANS, from ARM 2.65.104, 2013 MAR p. 785, Eff. 5/10/13.