Section 312 IAC 22-3-9 - Treatment and disposition of human remainsAuthority: IC 14-21-1-25; IC 14-21-1-31
Affected: IC 14-21-1; IC 23-14
Sec. 9.
(a) In determining whether human remains, which are subject to IC 14-21-1 and this article, should be reburied or should be curated and retained for further analysis and study, the following factors shall be considered by the director: (1) Whether there was a scientific investigation of the burial content and context, including the physical remains and associated artifacts, burial objects, and grave markers.(2) Whether physical anthropological analysis of the remains consistent with prevailing technology will minimally address cultural or genetic affinity through the analysis of biological data.(3) Whether ethnic, ethnohistorical, historical, anthropological, or archaeological documents or records establish the validity or verification of interests.(4) Whether another factor that may be considered under IC 14-21-1 bears upon the propriety of retention or reburial.(b) Subject to verification under subsection (a), the director may require the reburial of human remains. Before reburial occurs, the director shall determine whether scientific value exists that warrants further examination, and, if further examination is needed, the schedule within which the examination must be completed. Factors that may be required during the examination are as follows: (1) An analysis of dentition, including measurements, casting, attrition, pathologies, premortem modifications, and postmortem modifications.(2) An analysis of cranial and postcranial remains for an overall biological assessment of growth, pathologies, trauma, postmortem modifications, nonmetric genetic markings, and measurements.(3) The removal of samples for destructive analyses to ascertain the age of an interment (through Carbon 14 or similar analyses), bone histology, isotope, or trace element analysis, including radiological analyses as applicable to the context and condition or the remains.(4) Other specialized testing determined by the director to be appropriate because of unique or unusual conditions, circumstances, or contexts.(c) Conditional analyses of human remains that are accidentally disturbed or deliberately disturbed in violation of IC 14-21-1 shall be conducted in a timely fashion based upon the availability of qualified professional persons and of facilities suitable for the scientific investigation of human remains.(d) In addition to the requirements of IC 14-21-1 and this article, the reburial of human remains must conform to IC 23-14, except where either of the following is determined:(1) Conditions encountered at a burial ground have integrity so that: (A) in-place scientific investigation may occur; and(B) removal of the human remains is not in the best interests of the protection or preservation of those remains.(2) Where reinterment conditions should replicate those prescribed by cultural, religious, or traditional values and where the reinterment context is the same as disinterment. For example, reinterment may take place on Native American reservation land in Indiana dedicated as a burial ground.(e) A person may petition the director for the reburial of human remains. Any approval of a petition is conditioned upon compliance with IC 14-21-1, this article, and terms contained in the approval. The director may require that the petitioner satisfy the costs of reburial. A person who removes human remains in violation of IC 14-21-1, this article, or a petition approved under this subsection, must satisfy reburial costs. A plan approved in association with a scientific investigation may be required by the director to identify who will satisfy costs associated with the discovery, recovery, analysis, and curation of any human remains. To the extent allowed by law, however, the director may modify the allocation of reburial costs under this subsection if required to prevent manifest injustice.(f) Human remains that are retained for a future scientific investigation may be held only by a public institution, private institution, university, or college that has a faculty or research staff, laboratories, analytical facilities, and curatorial facilities dedicated to the study of the physical and cultural nature of past human populations. Any future scientific investigation of the human remains must be conducted under the direction of a principal investigator or similar professional from a related field in a manner consistent with the scientific investigation of human remains as required in this article.Natural Resources Commission; 312 IAC 22-3-9; filed Jun 21, 2001, 2:35 p.m.: 24 IR 3383; readopted filed Jul 19, 2007, 12:30 p.m.: 20070808-IR-312070192RFA; readopted filed Sep 19, 2013, 10:16 a.m.: 20131016-IR-312130184RFAReadopted filed 3/26/2019, 3:39 p.m.: 20190424-IR-312190004RFA