Sec. 34.04.06.08. Reconsideration of Denied Requests for Transfer

A. Within 30 days of mailing by the Trust of notice that a request for transfer has been denied, a claimant may petition the Secretary to submit the Trust's determination to the Burial Sites and Objects Review Committee for its consideration. Upon receipt of a petition for reconsideration, if the Secretary believes that the request for transfer may have merit, the Secretary shall refer the petition to the Burial Committee.

B. Within 90 days after receiving a petition for reconsideration from the Secretary, the Burial Committee shall recommend to the Secretary approval or denial of the request for transfer and notify the Trust.

C. The Burial Committee may recommend approval of a request for transfer denied by the Trust if it finds that the:

(1) Trust has not established a prior right of possession; and

(2) Claimant is a lineal descendant or culturally affiliated Native American tribe under Regulation .03 or .04 of this chapter.

D. The Burial Committee may consider new evidence submitted with the petition in support of the claimant's request for transfer.

E. The Secretary shall approve or deny the request and the Secretary's determination shall be final. The Secretary may approve the request if the Secretary finds that the:

(1) Trust has not established a prior right of possession; and

(2) Claimant is a lineal descendant or culturally affiliated Native American tribe under Regulation .03 or .04 of this chapter.