- The director of the Arizona State Museum (deferred to the Coordinator) will respond in a timely fashion (interpeted as immediately, but certainly in less than 6 months)
- The director of the Arizona State Museum (deferred to the Coordinator) will convene a meeting within 6 months
- If no agreement is reached within 6 months, the remains shall be treated in accordance with the wishes of the nearest relative. Only after that 6 month period has elapsed may tribal governments or other legitimate claimants assert a unilateral demand for repatriation
ASM...TIME'S UP.
Time was up 18 months ago. Do your job.
Also, note that Federal undertakings and Federal Laws do not supersede state law, so USFWS and SHPO can circulate as many MOAs as they want, but ASM needs to comply with the law. They are not. And this is where one would aim a lawsuit.
So, Game & Fish pony up the dollars and ASM get your ass moving before you all wind up in court. The fire's brewing and the natives are restless.
ARS 41-844 (abridged)
A person in charge of any survey, excavation, construction or other like activity on any lands owned or controlled by this state, by any public agency or institution of the state, or by any county or municipal corporation within the state shall report promptly to the director of the Arizona state museum the existence of any archaeological, paleontological or historical site or object that is at least fifty years old and that is discovered in the course of such survey, excavation, construction or other like activity and, in consultation with the director, shall immediately take all reasonable steps to secure and maintain its preservation.
The director shall respond to every report of a discovery in a timely fashion and within six months of being notified of the discovery, the director shall convene a meeting of notified persons and representatives of notified groups to discuss the most appropriate disposition of the discovered materials. If an agreement is reached, it shall determine the disposition and treatment of the materials and the director shall oversee its implementation. If no agreement is reached within six months of the meeting, the human remains or funerary objects shall be disposed and treated in accordance with the wishes of the nearest relative with a direct kinship relationship, or with the wishes of the governing body of the group with cultural or religious affinity to the remains or objects if no relative exists. The authority to determine the disposition and treatment of remains or objects pursuant to this subsection shall not be exercised in a manner that would prevent timely completion of a construction project or other project.
If there is no person with a direct kinship relationship or a group with a cultural or religious affinity to human remains or funerary objects and the remains have no scientific value, the remains or funerary objects shall remain undisturbed. If it is necessary to move them in order to permit completion of a construction or similar project, the remains or funerary objects shall be reburied under the supervision of the director in a place as similar and close as possible to their original burial site.
The expense of any curation or reburial pursuant to this section that is required as the result of a construction project or similar project shall be borne by that project. Reburials made in order to satisfy the wishes of a relative or affinal group shall be by and at the expense of the relative or group.
And the State Museum's Implementing Guidance (selections)
A.R.S. §41-844 and A.R.S. §41-865 insure that Human Remains, Funerary Objects, Sacred Objects, and Objects of Cultural Patrimony discovered on State lands, and Human Remains and associated objects from private lands, are treated with respect and dignity. These Arizona laws provide that groups having biological relationship or cultural affinity with the Remains have a very significant role in determining the treatment and disposition of these culturally significant materials. At the same time the laws insure that the various other relevant interests are also represented in the decision-making process.
When a federal undertaking on State or private lands is involved, the federal repatriation statute (PL 101-601 or NAGPRA) and agreements developed solely under that statute do not supercede the requirements of the State laws; a State agreement is needed. Agreements regarding disposition of Remains from State lands or from private lands in Arizona are legally binding under Arizona repatriation statutes only when the Museum is involved in the consultation and the resulting agreement.
ARS §41-844 requires that interested parties must consent to any agreement reached regarding treatment and disposition of relevant materials. Should all parties not consent, further negotiation is mandated for a period of up to 6 months, after which the wishes of the groups claiming affinity determine the disposition of Remains.
The Director of the Arizona State Museum has legal responsibility for coordinating the implementation of these laws. The Coordinator (Pitezel) is the member of the Museum's professional staff appointed by the Director to assist in coordinating the implementation of these laws.
Up to 6 months are allowed after the date of the initial consultation meeting for continued negotiation, should all interested parties present fail to reach agreement at that meeting. Only after that 6 month period has elapsed may tribal governments or other legitimate claimants assert a unilateral demand for repatriation of items despite the absence of an agreement between all interested parties.
Should claimants be unable to agree on appropriate treatment and disposition of Remains, the Director shall make a determination regarding the group having the closest affinity to the deceased, and shall proceed according to the wishes of that group.
No comments:
Post a Comment