Sec. 34.04.06.11. Transfer of Human Remains and Associated Funerary Objects for Study

A. A reputable museum, institution of higher education, or recognized scientific or historical institution or organization may request that the Trust transfer to it for the purpose of study specific human remains or associated funerary objects in the Trust's possession, custody, or control.

B. The request shall include:

(1) A detailed description of the study, including methodologies and techniques, research questions, and predicted results;

(2) A plan and timetable not to exceed 1 year for accomplishing the study;

(3) The professional qualifications of principal personnel conducting the study;

(4) A description of the location and method of securely storing the remains and objects during the study; and

(5) A description of benefits of the study to Maryland.

C. Following receipt of a request for transfer of remains or objects for study, the Trust shall promptly notify the most closely related lineal descendant or descendants, if known, and culturally affiliated Native American tribes. The notification shall include the information required under §B of this regulation.

D. Approval by Lineal Descendants or Culturally Affiliated Native American Tribes.

(1) A lineal descendant or culturally affiliated Native American tribe notified under §C of this regulation has 90 days to notify the Trust in writing of its approval or disapproval of a request for transfer for study.

(2) If a lineal descendant, or a culturally affiliated Native American tribe if no lineal descendant has been identified, does not approve the request for transfer for study, the Trust may not approve the request.

(3) If the lineal descendants, or culturally affiliated Native American tribes if no lineal descendant has been identified, fail to approve or disapprove the request within 90 days, failure to approve or disapprove constitutes approval of the request.

E. Disputes.

(1) In the event of disputes between multiple lineal descendants regarding approval or denial of requests for transfer for study, the wishes of the lineal descendant most closely related to the deceased, when known, shall be followed. If the lineal descendant most closely related cannot be identified, the procedures set forth in §E(3) of this regulation shall be followed.

(2) In the event of disputes between culturally affiliated Native American tribes, the procedures outlined in §E(3) of this regulation shall be followed.

(3) In the event of unresolved disputes, lineal descendants and culturally affiliated Native American tribes may submit the dispute to:

(a) Binding arbitration:

(i) Within 6 months after the date the Trust notifies the disputants of its receipt of a request for transfer for study;

(ii) Under the rules of the American Arbitration Association; and

(iii) At their sole cost;

(b) The Burial Committee for its binding resolution.

F. Notice to the Advisory Committee on Archeology and Commission on Indian Affairs.

(1) Before consideration of a request for transfer for study, the Trust shall provide the information listed in §B of this regulation to the Advisory Committee on Archeology, and, in the case of Native American remains and objects, to the Commission on Indian Affairs:

(a) After notified lineal descendants approve the request for transfer; or

(b) If no lineal descendants have been identified, after notified culturally affiliated Native American tribes approve the request.

(2) The Advisory Committee on Archeology and the Commission on Indian Affairs has 60 days after the information listed in §B of this regulation is provided to them to submit comments to the Trust.

G. The Trust may approve a request and transfer the human remains or associated funerary objects for study if, in the case of:

(1) Non-Native American remains and objects:

(a) Identified lineal descendants have been notified and approve the transfer for study;

(b) The Advisory Committee on Archeology has had an opportunity to review and comment on the proposed study;

(c) The study will be completed and the remains and objects returned to the Trust within 1 year of the date of transfer for study, unless an extension of time for study has been approved under Regulation .13 of this chapter; and

(d) The Trust finds that the:

(i) Study is an essential part of a scientific research project; and

(ii) Results of the study will be of benefit to the citizens of Maryland;

(2) Native American remains and objects for which lineal descendants or culturally affiliated tribes have been identified, the:

(a) Lineal descendants approve the transfer for study or, if there are no identified lineal descendants, the culturally affiliated Native American tribe or tribes approve; and

(b) Requirements under §G(1)(b)-(d) of this regulation have been met;

(3) Native American remains and objects for which no lineal descendants or culturally affiliated Native American tribes have been identified, the:

(a) Commission on Indian Affairs has had an opportunity to review and comment and the Trust has considered the comments; and

(b) Requirements under §G(1)(b)-(d) of this regulation have been met.

H. Subject to timely resolution of disputes as provided for in §E of this regulation, within 150 days of receipt of all information required under §B of this regulation, the Trust shall approve or deny the proposed transfer for study and promptly notify:

(1) The requesting institution or organization;

(2) Identified lineal descendants and culturally affiliated Native American tribes;

(3) The Advisory Committee on Archeology; and

(4) If the study involves Native American remains or objects, the Commission on Indian Affairs.

I. The Trust may place conditions on transfers for study to address comments received from the Advisory Committee on Archeology or the Commission on Indian Affairs.