Md. Code Regs. 34.04.06.09

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

Section 34.04.06.09 - Transfer of Human Remains and Associated Funerary Objects for Study

A. In all instances where this regulation requires the Trust to send notice of a request to a person or group, the requirement only applies if through the exercise of due diligence the Trust is able to locate the person or group.

B. Requests for Transfer.

(1) The Trust may upon written request transfer for study human remains or an associated funerary object identified in the inventory to a museum, institution of higher education, or scientific or historical institution or organization.

(2) A request under this section shall include:

(a) The identity of the remains or object as stated in the inventory;

(b) Information sufficient to assess the reputation of the museum, institution, or organization;

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

(d) An explanation of how the study is an essential part of a scientific research project;

(e) A plan and timetable not to exceed 1 year for completion of the study and return of the item to the Trust;

(f) The professional qualifications of the principal personnel who will conduct the study;

(g) A plan that identifies the location and method of securely storing, safeguarding, and caring for the item during the study; and

(h) A description of benefits of the study to the citizens of Maryland.

C. Requests for Items Culturally Affiliated with a Native American Tribe. The Trust shall deny a request made under §B of this regulation if the request is for the transfer of remains or an object that has a Native American cultural affiliation.

D. Requests for Items that Do Not Have a Native American Cultural Affiliation. Within 15 days of its receipt of a request made under §B of this regulation for transfer of remains or an object that does not have a Native American cultural affiliation, the Trust shall:

(1) Send a copy of the request to:

(a) Each lineal descendant identified in the inventory for the item requested;

(b) Each group with a cultural affiliation identified in the inventory for the item requested;

(c) The Advisory Committee on Archeology; and

(d) The ethnic commission that represents the community with which the item is associated, if any; and

(2) Include with the copy instructions that the recipient of the copy may within 45 days submit in writing to the Trust a response that may include:

(a) Comments on the request; and

(b) A statement as to whether the recipient approves or disapproves of the request.

E. The Director may approve a request made under §B of this regulation for the transfer of other than Native American human remains or associated funerary objects if:

(1) Subject to §F of this regulation, no person or group who receives notice under §D of this regulation informs the Trust in accordance with §D of this regulation that the person or group disapproves of the request;

(2) The Advisory Committee on Archeology and any ethnic commission has had an opportunity to review and comment on the request as provided under §D of this regulation;

(3) As proposed in the request, the requester will complete the study and return the item to the Trust within 1 year of the date of transfer; and

(4) The Director finds that the:

(a) Requester is a reputable museum, institution, or organization;

(b) Proposed study is an essential part of a scientific research project;

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

(d) Requester's plan for storing, safeguarding, and caring for the item during the study is appropriate.

F. Disputes.

(1) The Trust shall follow the procedures set forth in §F(2) of this regulation if the Trust receives responses under §D of this regulation from:

(a) Multiple lineal descendants and there is a disagreement within the responses as to whether the request for transfer should be approved; or

(b) Multiple groups with a cultural affiliation, and no lineal descendant, and there is a disagreement within the responses as to whether the request for transfer should be approved.

(2) In the event of a dispute that falls within §F(1) of this regulation:

(a) The Director shall make a request to the persons or groups that disagree on the request that they:

(i) Attempt to come to a mutual agreement on the request; and

(ii) Inform the Director within 60 days of the date of the Director's request of any agreement reached between the persons or groups; and

(b) If no agreement is reached under §F(2)(a) of this regulation, the Trust shall submit the request for transfer and all response received under §D of this regulation to a Burial Committee appointed in accordance with Regulation .04 of this chapter, which shall:

(i) Review the request and responses; and

(ii) Make a recommendation on the request to the Secretary.

(3) For a dispute referred to a Burial Committee under this section, the Secretary shall:

(a) Review the request, the responses, and the Burial Committee's recommendation; and

(b) Make a determination on the request.

G. Within 150 days of receipt of a request made under §B of this regulation or as soon as practicable if disputes are resolved or reviewed under §F of this regulation:

(1) The Director, or the Secretary as may be applicable under §F of this regulation, shall approve or deny the request; and

(2) The Trust shall send written notice of the approval or denial to:

(a) The entity that made the request; and

(b) All persons, groups, or entities who were sent a copy of the request under §D of this regulation.

H. The Director may, for reasons determined appropriate by the Director, place conditions on a transfer made under this regulation, including to address comments received from the Advisory Committee on Archeology or an ethnic commission.

I. A transferee of human remains or an associated funerary object under this regulation shall return the remains or object to the Trust within 1 year of the date of transfer unless:

(1) The transferee submits to the Trust prior to the 1-year deadline an application for extension that includes:

(a) A report that summarizes work completed on the project, including information on any preliminary results and tasks accomplished;

(b) An explanation of the reasons for why the extension is needed;

(c) A revised plan and timetable for completion of the study; and

(d) For a study that involves remains or objects for which a lineal descendant has been identified, a statement of approval of the extension from the lineal descendant; and

(2) The Director grants the extension, which:

(a) Shall be based on a finding that the applicant for the extension has made a good faith effort to complete the study on time; and

(b) May not exceed an additional year.

J. A decision on a request for transfer made by either the Secretary or the Director under this regulation shall be final and is not a contested case within the meaning of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

Md. Code Regs. 34.04.06.09

Regulation .09 adopted effective 48:13 Md. R. R. 510, eff. 6/28/2021