- 1. When only one claimant has asserted a claim of ownership with an intent to claim notice regarding a claim of lineal descent or cultural affiliation, the Director shall request a written petition from the claimant, substantiating the claim. The claimant will have 60 days from the Divisions receipt of the intent to claim notice, to deliver substantiating documents. Once the Division receives the substantiating documents or the 60 days has expired, the Director shall notify the agency of all claims with substantiating documents, or lack of claims, within ten business days. If the claimant makes a substantial showing of lineal descent or cultural affiliation the agency will make a determination of lineal descent or cultural affiliation and grant ownership of the remains to that claimant.
- 2. When two or more claimants have asserted claims of ownership with intent to claim notices for lineal descent or cultural affiliation, the Director shall request a written petition from the claimants, substantiating the claims. The claimants will have 60 days from the Division's receipt of the intent to claim notices to deliver substantiating documents. Once the Division receives the substantiating documents or the 60 days has expired, the Director shall notify the agency of all claims with substantiating documents, or lack of claims, within ten business days. If the agency determines both claimants have made a substantial showing of lineal descent or cultural affiliation, the Director and Committee shall facilitate a resolution of the competing claims. If the facilitation of resolution between claimants does not result in resolution, determination of ownership shall be made by the agency in consultation with the Director and Committee based upon a preponderance of the evidence in an informal proceeding which shall comply with Section 63G-4-101.
KEY: Indian affairs, state lands, Native American remains
Date of Last Change: June 2, 2025
Notice of Continuation: August 5, 2025
Authorizing, and Implemented or Interpreted Law: 9-9-104; 9-9-403; 9-9-405