And now:Ish <[EMAIL PROTECTED]> writes:

>From BIGMTLIST
[EMAIL PROTECTED]

The follow laws for Arizona are relavant to the recent uncovering of burial
remains found on land being bulldozed by Peabody Coal Co.  How the museum
should be involved, I cannot guess, but here they are for your information.

       http://w3.arizona.edu:180/asm/arch/arclaws.html



                 Human Burials, Sacred Objects, and You!

New Arizona State Laws Regarding Human Remains and Objects of Cultural
Heritage

Purpose of the new laws: In 1990 the Arizona Legislature passed two laws
that protect human burials and associated items
on both private and State land. Under one of the laws, sacred and
ceremonial objects and objects that may have some special
importance to Native American Indians are also protected, if they have been
found on State land or are in the possession of the
state. These laws parallel new federal laws concerning federal lands and
materials recovered from federal lands or by federal
funds. 

These new laws are important to everyone in Arizona. They were passed
because of the need to treat human remains and
associated items, sacred objects, and objects important to Native Americans
with respect and dignity. What will be done with
the remains or objects that may be found will be decided through
consultation with the people most closely related to the
deceased individuals or to the groups that made and used the special
objects. The materials may be left in place, they may be
removed and maintained in the collections of a museum, or they may be
reburied elsewhere. 

The laws will affect how construction projects and other uses of the land
are done, and the circumstances under which some
objects may be bought or sold. Violating these laws is a criminal offense
punishable by fines and by loss of the equipment used
in the violations. 

The Laws in Brief:

A.R.S.41-844 applies to activities on lands belonging to the State of
Arizona and materials held by State institutions. The
people who are in charge of projects are required to notify the Arizona
State Museum when they find human remains (burials)
that they believe may be more than 50 years old, or when they find objects
that might be of special significance to Native
American peoples. Also under the statute, Native American groups can make
claims to such objects when they are held by
state institutions, such as museums. The objects of special importance
include those used in religious ceremonies, and others
that may be symbols of the cultural heritage of the Native Americans in
Arizona. Items included with a burial at the time of
interment are also covered by the law. 

A.R.S.41-865 applies to private lands in Arizona. It requires landowners or
their agents to notify the Arizona State Museum
when materials that might be human remains are found. The Museum then has
up to ten days, or more if permitted by the
landowner, to consult with any groups that might be culturally related to
the remains, and to implement the decision about what
to do with the materials. Groups to be consulted include Native American
Indian tribes and any other organized cultural group
that can reasonably represent the group to which the deceased belonged.
This law also makes it a crime to profit financially
from the sale of human remains or items buried with them as covered under
the law. 

What This Means to You:

Individuals who think they have come across a situation covered by these
laws should first stop any activity that might further
disturb the remains or materials. They should then call or write the
Arizona State Museum in Tucson to inform the Museum of
the circumstances, and to receive Museum guidance on what to do. 

Individuals should make every effort to maintain the safety and security of
the materials while decisions about what to do are
being made. If artifacts or human remains have been accidentally disturbed,
this should also be reported to the Museum. The
Museum will consult with the appropriate groups to determine what will be
done with the materials. 

In many cases, a landowner will not be certain whether bones encountered
are human or whether they might be more than 50
years old. If the remains are possibly younger than 50 years, local police
should be notified first to insure that evidence of
criminal activity is not lost. If the remains are older, and even if there
is some question about whether they are human, the
Museum should be notified and will assist in determining if these laws
apply to the situation. 

To contact the ASM:

please call or write:
Lynn S. Teague
Coordinator
Arizona State Museum
The University of Arizona
Tucson, AZ 85721-0026
520-621-4795
520-621-4794
520-621-6281


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          Tsonkwadiyonrat (We are ONE Spirit)
                     Unenh onhwa' Awayaton
                  http://www.tdi.net/ishgooda/       
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