22-3-912. Claims for repatriation. (1) A claim for repatriation of human skeletal remains or funerary objects must be made by:
     (a) filing a written claim for the human skeletal remains or funerary objects with the board and the possessing entity having possession or control of the human skeletal remains or funerary objects; and
     (b) proving, by a preponderance of the evidence:
     (i) the claimant's cultural affiliation to the human skeletal remains or funerary objects; and
     (ii) that the possessing entity does not have the right of possession.
     (2) A claim for repatriation under this section may be made by a claimant:
     (a) who claims cultural affiliation and requests the return of human skeletal remains or funerary objects listed in the inventory of an agency or museum; or
     (b) who requests the repatriation of human skeletal remains or funerary objects that are not listed in the inventory of an agency or museum but are in the possession or control of the possessing entity.

     History: En. Sec. 5, Ch. 558, L. 2001.