Ga. Comp. R. & Regs. R. 45-3-.03 - Priority of Ownership for Native American Cultural Items

(1) For the purpose of identifying ownership of Native American human remains or burial objects the Council suggests that priority be given in the order listed

(a) To the known lineal descendants of a particular Native American Indian Tribe, or

(b) In any case in which such lineal descendants cannot be ascertained

1. To the Indian tribe on whose current tribal land such objects or remains were discovered,

2. To the Indian tribe which has the closest cultural affiliation with such remains or objects, or

3. If the cultural affiliation cannot be reasonably ascertained and if the objects are not subject to Federal Law, Public Law 101-601

(i) To the Indian tribe that is recognized as originally occupying the area in which the objects were discovered, or

(ii) If it can be shown that a different tribe has a stronger cultural relationship with the remains or objects then the Native American Indian Tribe within the State of Georgia that has the strongest demonstrated relationship will retain objects or remains.

Notes

Ga. Comp. R. & Regs. R. 45-3-.03

O.C.G.A. § 44-12-261, 44-12-283.2.

New Rule entitled "Priority of Ownership for Native American Cultural Items" adopted. F. May 18, 2012; eff. June 7, 2012.