§ 5A-339
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§5A–339.
(a)Except as provided in subsection
(b)of this section and elsewhere in this title, an object or material of historical or archaeological value or interest found on a submerged or terrestrial archaeological site on land that the State owns or controls:
(1)is the property of the State; and
(2)shall be deposited for permanent preservation with a reputable museum, an institution of higher education, or another recognized scientific or historical institution or organization.
(1)Subject to applicable federal law and paragraph
(2)of this subsection, the Trust may transfer Native American or other human remains in its possession, custody, or control to an appropriate place of repose.
(2)If the cultural affiliation of human remains and associated funerary objects in the possession, custody, or control of the Trust can be established, the Trust may transfer the human remains and associated funerary objects in the following order of priority to:
(i)the descendants of the deceased; or
(ii)a group established as culturally affiliated with the deceased, including a Native American tribe, band, group, or clan.
(1)Except for human remains of Native Americans and associated funerary objects subject to subsection (b)(2) of this section, the Trust may transfer any human remains and associated funerary objects in its possession, custody, or control to a reputable museum, an institution of higher education, or another recognized scientific or historical institution or organization for study, if:
(i)the study is an essential part of scientific research;
(ii)the outcome of the scientific research will benefit the State; and
(iii)except as provided in paragraph
(2)of this subsection, the study will be completed and the items returned to the Trust within 1 year after the date of the transfer.
(i)If a transferee under this subsection makes a good faith effort but cannot complete a study within 1 year, the transferee may request an extension from the Trust.
(ii)The Trust may grant the extension only in accordance with its regulations.
(1)In consultation with the Commission on Indian Affairs, the Trust shall adopt regulations to carry out this section.
(2)The regulations shall include:
(i)procedures to determine the appropriate disposition of human remains for which descent or cultural affiliation cannot be established;
(ii)specific time frames and procedures to extend a study of human remains and associated funerary objects beyond 1 year; and
(iii)procedures to account for any human remains and associated funerary objects that temporarily are transferred for study to a reputable museum, an institution of higher education, or another recognized scientific or historical institution or organization.