Sec. 34.04.06.07. Approval or Denial of Requests for Transfer

A. Review of Requests for Transfer.

(1) The Trust may approve or deny a request for transfer of human remains or associated funerary objects.

(2) The Trust shall approve a request for transfer if the:

(a) Trust has no prior right of possession; and

(b) Claimant has been determined to be a lineal descendant or culturally affiliated Native American tribe under Regulation .03 or .04 of this chapter.

B. Requests for Transfer Involving Native American Human Remains or Associated Funerary Objects.

(1) Within 10 days of receipt of a complete request for transfer, the Trust shall provide a copy to the Commission on Indian Affairs and request its comments.

(2) The Commission has 45 days from receipt of the request to submit comments to the Trust.

(3) The Trust shall consider the comments of the Commission on Indian Affairs in reviewing a request for transfer.

C. The Trust shall mail to the claimant a notice of approval or denial of a request for transfer of:

(1) Non-Native American human remains or associated funerary objects, within 60 days of receipt of a complete request; or

(2) Native American remains or objects, within the earlier of:

(a) 60 days after receipt of comments from the Commission on Indian Affairs; or

(b) 105 days after the Trust provides a copy of the request to the Commission for its comments.

D. Subject to §E of this regulation and applicable federal law, the Trust shall promptly transfer remains and objects approved for transfer.

E. If more than one request for transfer of the same human remains or associated funerary objects is submitted before the remains or objects are transferred by the Trust, and more than one person or group is established as a lineal descendant or culturally affiliated group under these regulations, the Trust shall retain the remains and associated funerary objects until all claimants:

(1) Agree to an appropriate disposition for the remains and objects and jointly inform the Trust;

(2) Submit at their sole cost and expense to binding arbitration under the rules of the American Arbitration Association and notify the Trust of the arbitration decision; or

(3) Submit the dispute to the Burial Committee for its review and recommendation to the Secretary for the Secretary's binding resolution.