Sec. 34.04.06.03. Inventory of Human Remains and Associated Funerary Objects

A. Within 1 year from the effective date of these regulations, the Trust shall complete an inventory of human remains and associated funerary objects in its possession, custody, or control.

B. For human remains, the inventory shall contain:

(1) A description of each set of remains, including:

(a) Whether the remains are a complete or partial skeleton, bone fragments, or cremation, and

(b) Information sufficient to identify remains by individual, or by skeletal types or elements when the remains cannot be identified by individual;

(2) The general location, if known, where the remains were disinterred or found;

(3) The cultural affiliation of the remains, if practicable, and a summary of the evidence used to make that determination; and

(4) A statement describing the legal basis for ownership or possession of the remains, including information relating to the acquisition of the remains by the Trust.

C. For an associated funerary object, the inventory shall contain:

(1) An identification of the human remains with which the object was interred or found, if known;

(2) A basic description of the object;

(3) The general location, if known, where the object was disinterred or found;

(4) The cultural affiliation of the object, if known, and a summary of the evidence used to make that determination; and

(5) A statement describing the legal basis for ownership or possession of the object.

D. Distribution of Inventory.

(1) Within 6 months of completion of the inventory, the Trust shall provide a copy of the inventory to:

(a) Identified and likely lineal descendants;

(b) Culturally affiliated Native American tribes;

(c) The Commission on Indian Affairs; and

(d) Other individuals, Native American tribes, or Native American cultural organizations which the Trust determines are likely to assist in the identification of lineal descendants or culturally affiliated Native American tribes.

(2) The Trust also shall provide to those listed in §D(1) of this regulation information on the procedures for:

(a) Requesting transfer of human remains or associated funerary objects; or

(b) Obtaining the documentation described in §E of this regulation.

E. Summary of Additional Documentation.

(1) The Trust shall prepare a summary to include:

(a) Information listed in §§B and C of this regulation;

(b) When known, the site name and the date and means by which the Trust obtained possession, custody, or control of specific remains or objects;

(c) References to studies and reports known to the Trust that are relevant to the remains and objects; and

(d) Any additional documentation known and available to the Trust relevant to the remains or objects.

(2) Upon written request, the Trust shall provide a copy of the summary to any individual or official of any Native American tribe which receives or, in the opinion of the Trust, should have received a copy of the inventory.

(3) The summary may not disclose specific information on site location if the Director of the Trust determines disclosure will create a substantial risk of harm, theft, or destruction to the site.

F. Extension of Time. The Secretary may grant the Trust reasonable extensions of time totaling not more than 2 years beyond the initial 1-year period to complete the inventory if the Trust:

(1) Has made a reasonable effort to obtain the necessary resources and expertise to complete the inventory within the 1-year period; and

(2) To the extent necessary resources and expertise are available, at the end of the initial 1-year period gathers the information required under §§B and C of this regulation and distributes the information as required under §D of this regulation.

(3) Prepares a written plan for completing the inventory within the time extension.