HOUSE BILL 73

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

James Roger Madalena

FOR THE INDIAN AFFAIRS COMMITTEE

AN ACT

RELATING TO CULTURAL PROPERTIES; ESTABLISHING STATE CULTURAL PROPERTY ON STATE OR FEDERAL LAND FOR REBURIAL OF HUMAN REMAINS AND FUNERARY OBJECTS; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of Chapter 18, Article 6 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Reburial Grounds Act"."

     Section 2. A new section of Chapter 18, Article 6 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DEFINITIONS.--As used in the Reburial Grounds Act:

          A. "department" means the cultural affairs department;

          B. "descendant group" means persons related by consanguinity or by family affiliation or clan and includes a Native American nation, band, tribe or pueblo in New Mexico;

          C. "funerary object" means an object or artifact associated with a human burial;

          D. "reburial grounds" means state or federal land set aside pursuant to the Reburial Grounds Act that secures and preserves unmarked graves for remains not claimed by a descendant group;

          E. "remains" means a human body, skeletal remains or mummified remains discovered during construction and other projects or exposed through erosion, excavation or accident on state, federal and private lands and includes a funerary object or artifact associated with the remains; and

          F. "state land" means property owned, controlled or operated by a department, agency, institution or political subdivision of the state."

     Section 3. A new section of Chapter 18, Article 6 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] REMAINS DESIGNATED FOR REBURIAL.--Except as otherwise designated by the department, remains shall be reburied in the reburial grounds unless a descendant group that demonstrates a relationship to the remains requests otherwise."

     Section 4. A new section of Chapter 18, Article 6 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DESIGNATION OF REBURIAL GROUNDS SITE.--The department shall facilitate the designation of state or federal land for reburial of unmarked remains not claimed by a descendant group and shall:

          A. by September 1, 2007, organize a working group that includes representatives of the department, the Indian affairs department and the tribal-state workgroup on repatriation and sacred places to:

                (1) recommend rules for the acquisition of remains and the maintenance and preservation of the reburial grounds;

                (2) distinguish between remains that can be reburied and remains that cannot; and

                (3) establish procedures and priorities for reburying remains held in state and private collections;

          B. by December 30, 2008, promulgate rules for:

                (1) platting remains placed in the reburial grounds and ensuring that the information is confidential pursuant to Section 18-6-11.1 NMSA 1978;

                (2) accepting and acquiring remains and coordinating activities with the state historic preservation officer;

                (3) preserving the natural environment of the reburial grounds;

                (4) distinguishing between remains that can be reburied and those that cannot;

                (5) working with descendant groups that request access to the reburial grounds for ceremonies; and

                (6) providing for security and confidentiality of the site; and

          C. by July 1, 2009:

                (1) accept the first remains for reburial, including remains currently at the museum of New Mexico, the museum of Indian arts and culture and the department; 

                (2) begin platting the reburial grounds so that reburied remains are not disturbed by later burials and so that the plat is confidential pursuant to Section 18-6-11.1 NMSA 1978; and

                (3) provide security for the reburial grounds."

     Section 5. APPROPRIATION.--One hundred thousand dollars ($100,000) is appropriated from the general fund to the cultural affairs department for expenditure in fiscal years 2008 and 2009 for establishing and securing the reburial grounds and reburying remains. Any unexpended or unencumbered balance remaining at the end of fiscal year 2009 shall revert to the general fund.

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