Administrative Rules of Montana
Department 2 - ADMINISTRATION
Chapter 2.65 - BURIAL PRESERVATION BOARD
Subchapter 2.65.4 - Repatriation of Human Skeletal Remains and Funerary Objects
Rule 2.65.401 - SCOPE OF RULES

Universal Citation: MT Admin Rules 2.65.401

Current through Register Vol. 6, March 22, 2024

(1) The board's repatriation rules apply to:

(a) Native American or non-Native American human skeletal remains and funerary objects discovered on state-owned or private lands in Montana and held by museums or state agencies in Montana that receive state funding but no federal funding;

(b) non-Native American human skeletal remains and funerary objects discovered on state-owned or private lands in Montana and held by museums or state agencies in Montana that receive state and federal funding; and

(c) Native or non-Native American human skeletal remains and funerary objects discovered on state-owned or private lands in Montana and held by a person.

(2) The federal Native American Graves Protection and Repatriation Act (NAGPRA), 25 USC 3001 et seq. and NAGPRA's implementing regulations, 43 CFR 10, apply exclusively to any museum or state agency that receives federal funding, either alone or in conjunction with state funding, and that possesses Native American human remains and funerary objects.

22-3-904, MCA; IMP, 22-3-904, MCA;

Disclaimer: These regulations may not be the most recent version. Montana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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