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AN ACT

RELATING TO CULTURAL PROPERTIES; ESTABLISHING STATE CULTURAL

PROPERTY ON STATE OR FEDERAL LAND FOR REBURIAL OF HUMAN

REMAINS AND FUNERARY OBJECTS.

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:

"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:

"DEFINITIONS.--As used in the Reburial Grounds Act:

A. "department" means the cultural affairs

department;

B. "descendant group" means persons demonstrably

related to the remains by consanguinity, family affiliation,

clan or direct historical association 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;

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E. "remains" means a human body, skeletal remains

or mummified remains discovered during construction and other

projects or exposed through erosion, excavation or accident or

other means 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:

"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:

"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

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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 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."

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