2.65.307    REPORTS AND BURIAL REGISTRY

(1) A report of remains will be completed by the board or the board's representative and shall include the following:

(a) for disinterment and removal:

(i) identification of the names and organizations, agency or institutional affiliations of all individuals participating in disinterment and removal;

(ii) date(s) of activity and the site, context and identification of remains and materials, including location from which remains were removed identified by county and legal description and/or map showing location of site;

(iii) cultural identification of remains or materials and descriptions of features or information used in making any determination; and

(iv) photograph of remains or materials or inventory of remains including number of human bones and bone fragments and inventory of any associated objects;

(b) for disposition:

(i) identification of names and group, agency or institutional affiliations of individuals participating in disposition;

(ii) date(s) of disposition and type of disposition (reburial, curation or other);

(iii) identification of remains including confirmation that remains received are as listed in the removal inventory or a complete list of remains received for disposition;

(iv) if the location of the burial is on an Indian reservation where permanent protection is feasible or if the final disposition is curation in a repository, the reservation or repository should be identified. If disposition is reburial on state or private lands, specific location of the reburial with a legal description and a map showing the reburial location should be provided.

(2) The state historic preservation officer shall establish a burial registry that is separate and distinct from the cultural registry.

(3) The state historic preservation officer shall assign a case file number to every report, discovery or situation relating to an unmarked burial site, human skeletal remains or burial materials.

(4) All reports, field notes, maps, board action and other information regarding a reported burial site, human skeletal remains and burial materials shall be maintained in case files.

(5) 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.

History: 22-3-804, MCA; IMP, 22-3-804, 22-3-807, MCA; NEW, 1998 MAR p. 478, Eff. 2/13/98; TRANS, from Commerce, 2001 MAR p. 2409; TRANS, from ARM 2.65.108, 2013 MAR p. 785, Eff. 5/10/13.