5. If it is determined by initial examination that the human remains are Indian, the remains may

40-02-03-01. 5. If it is determined by initial examination that the human remains are Indian, the remains may be further examined within the applicable scope of study as defined in section 40-02-03-01. 6. If it cannot be determined by means of such initial examination that the human remains are either Indian or non-Indian, it must be presumed that the human remains are Indian, based upon experience of the staff of the department and the society. History: Effective December 1, 1984; amended effective December 1, 1990. General Authority: NDCC 28-32-02 Law Implemented: NDCC 23-06-27