Md. Code Regs. 34.04.06.05

Current through Register Vol. 51, No. 24, December 2, 2024

Section 34.04.06.05 - Inventory of Human Remains and Associated Funerary Objects

A. The Trust shall prepare and maintain an inventory of all human remains and associated funerary objects in its possession, custody, or control.

B. Contents of the Inventory. The inventory shall include:

(1) For human remains:

(a) A description of whether the remains are of a complete or partial skeleton, bone fragments, or a cremation; and

(b) Information sufficient to identify the remains by individual or by skeletal types or elements when the remains cannot be identified by individual;

(2) For an associated funerary object:

(a) A description of the object; and

(b) The identity of the human remains with which the object was interred or found, if known;

(3) The location, if known, where the remains or object were disinterred or found;

(4) To the extent determinable to a reasonable degree of certainty:

(a) The identities of any lineal descendants;

(b) The identities of any groups that have a cultural affiliation with the remains or object;

(c) The ethnicity of the remains or of the individual with whom an object is associated; and

(d) A summary of the evidence used to make these determinations; and

(5) If obtained by or known to the Trust:

(a) The name of the site from which the Trust obtained possession, custody, or control of the item;

(b) The date that the Trust obtained possession, custody, or control of the item;

(c) Information concerning the circumstances under which the Trust obtained possession, custody, or control of the item, including any information that identifies from whom the Trust acquired the item; and

(d) The identity or identities of any study, report, or other documentation related to the item.

C. Distribution of Inventory.

(1) Promptly after adding an item of human remains or an associated funerary object to the inventory, the Trust shall as may be practicable send a copy of the inventory for that item to:

(a) Any person identified in the inventory as a lineal descendant;

(b) Any group identified in the inventory as having a cultural affiliation;

(c) If the item is Native American remains or has a cultural affiliation to a Native American tribe, the Commission on Indian Affairs;

(d) If the item is remains of or has a cultural affiliation to an ethnic group for which there is an ethnic commission, the relevant ethnic commission; and

(e) Any other person or group that the Trust determines may be likely to assist with identifying lineal descendants or groups with a cultural affiliation.

(2) To each person, group, or commission that the Trust sends a copy of an inventory pursuant to this section, the Trust shall send with the copy information on the Trust's procedures for persons or groups to:

(a) Request transfer of human remains or associated funerary objects; and

(b) Obtain copies of any documents maintained by the Trust that are identified in the inventory.

D. Requests for Inventory and Documentation. The Trust shall consider any request for copies of the inventory or of documents identified in the inventory in accordance with the provisions of the Maryland Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland.

E. The Trust shall post on its website a copy of the inventory for all human remains and associated funerary objects that are in the Trust's possession, custody, or control.

Md. Code Regs. 34.04.06.05

Regulation .05 adopted effective 48:13 Md. R. R. 510, eff. 6/28/2021