The answer to this question can be found in lines 15-27. We are told that "in cases where the grave is ancient and located in an area where the community of Native Americans associated with the grave have not recently lived, they are less likely to be successful" in establishing standing in a suit to prevent disinterment of the remains (17-21).
Further, we are told that "in most cases involving ancient graves, to recognize that Native Americans have standing would represent a significant expansion of common law." This demonstrates that, currently, common law does not include a clear way for Native Americans to establish their standing, i.e. answer choice (D) "In most such cases, common law does not currently provide a clear basis for establishing that Native Americans have standing."
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