Sec. 34.04.06.09. Disposition of Human Remains in the Trust's Possession, Custody, or Control

A. Subject to Regulations .07D and E and .11-.13 of this chapter, all human remains in the possession, custody, or control of the Trust shall be placed in an appropriate place of repose.

B. The Secretary may determine the appropriate place of repose after consultation with the Trust and the Commission on Indian Affairs.

C. An appropriate place of repose shall be a dedicated place set aside solely for disposition of human remains and shall assure that:

(1) The remains are not in open view of the general public;

(2) The remains are kept above or below ground, as appropriate, in conditions conducive to their long-term preservation;

(3) The remains of specific individuals or groups of remains are not intermixed with remains unrelated by ethnicity, descent, or place of recovery;

(4) The remains of specific individuals or groups of related remains can be removed for the purpose of transfer to identified lineal descendants or culturally affiliated Native American tribes or for the purpose of study under Regulations .11-.13 of this chapter; and

(5) Access to or observation of the remains is not permitted, except by Trust staff or by federal staff as required by federal law to ensure against loss, deterioration, damage, or destruction.