(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.