New Hampshire Revised Statutes 227-C:8-d – Consultation with Native American Community and African American Community
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I. (a) If the professional archaeologist determines that the human remains are Native American and the remains are known to have affinity to federally recognized Indian tribes or specific living ethnic groups or other nonfederally recognized Indian groups, the state archaeologist shall immediately notify the leaders, officials, or spokespersons for these tribes or groups wherever the appropriate tribes or groups are located, whether in or outside the state of New Hampshire. The state archaeologist shall consult with such persons who respond in a timely fashion in the determination of the most appropriate treatment for the interments.
(b) If the professional archaeologist determines that the human remains are from an African American burial ground the state archaeologist shall immediately notify the descendants or descendant community, whether in or outside the state of New Hampshire. The state archaeologist shall consult with such persons who respond in a timely fashion in the determination of the most appropriate treatment for the interments.
II. Within 4 weeks of the notification, the appropriate Indian tribe or group or African American community shall communicate in writing to the state archaeologist its concerns with regard to the treatment of interment and ultimate disposition of the Native American remains or remains from an African American burial ground, whichever applies.
III. Within 90 days of the receipt of the concerns, the state archaeologist, with the approval of the principal official or officials of the Indian group or tribe, or the descendants or descendant community associated with the African American burial ground, whichever is applicable, shall prepare a written agreement concerning the treatment and ultimate disposition of the remains. The written agreement shall include the following:
(a) Designation of a qualified skeletal analyst to work on the skeletal remains;
(b) The type of analysis and the specific period of time to be provided for analysis of the skeletal remains;
(c) The timetable for written progress reports and the final report concerning the analysis to be provided to the state archaeologist by the skeletal analyst and the professional archaeologist; and
(d) A plan for ultimate disposition of Native American remains or remains from an African American burial ground, whichever is applicable, subsequent to the completion of adequate analysis.
IV. If no agreement is reached within 90 days, the state historic preservation officer and commissioner shall determine the terms of the agreement.
(b) If the professional archaeologist determines that the human remains are from an African American burial ground the state archaeologist shall immediately notify the descendants or descendant community, whether in or outside the state of New Hampshire. The state archaeologist shall consult with such persons who respond in a timely fashion in the determination of the most appropriate treatment for the interments.
Terms Used In New Hampshire Revised Statutes 227-C:8-d
- Commissioner: means the commissioner of the department of natural and cultural resources or his designee. See New Hampshire Revised Statutes 227-C:1
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Historic preservation: means the research, excavation, protection, restoration and rehabilitation of buildings, structures, objects, districts, areas and sites significant in the history, architecture, archeology, or culture of this state, its communities, or the nation. See New Hampshire Revised Statutes 227-C:1
- Human remains: or "remains" means any part of the body of deceased human being in any stage of decomposition, together with any artifacts or other materials known or reliably assumed to have been on or interred with the deceased human being. See New Hampshire Revised Statutes 227-C:1
- remains: means any part of the body of deceased human being in any stage of decomposition, together with any artifacts or other materials known or reliably assumed to have been on or interred with the deceased human being. See New Hampshire Revised Statutes 227-C:1
- Skeletal analyst: means the member of the professional staff or another professional person designated by the director of the division of historical resources with the approval of the commissioner having:
(a) A postgraduate degree in a field involving the study of the human skeleton such as skeletal biology, forensic osteology, or other relevant aspects of physical anthropology or medicine;
(b) A minimum of one year's experience in conducting laboratory reconstruction and analysis of skeletal remains, including the differentiation of the physical characteristics denoting cultural or biological affinity; and
(c) Designed and executed a skeletal analysis, and presented the written results and interpretations of such analysis. See New Hampshire Revised Statutes 227-C:1 - state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
II. Within 4 weeks of the notification, the appropriate Indian tribe or group or African American community shall communicate in writing to the state archaeologist its concerns with regard to the treatment of interment and ultimate disposition of the Native American remains or remains from an African American burial ground, whichever applies.
III. Within 90 days of the receipt of the concerns, the state archaeologist, with the approval of the principal official or officials of the Indian group or tribe, or the descendants or descendant community associated with the African American burial ground, whichever is applicable, shall prepare a written agreement concerning the treatment and ultimate disposition of the remains. The written agreement shall include the following:
(a) Designation of a qualified skeletal analyst to work on the skeletal remains;
(b) The type of analysis and the specific period of time to be provided for analysis of the skeletal remains;
(c) The timetable for written progress reports and the final report concerning the analysis to be provided to the state archaeologist by the skeletal analyst and the professional archaeologist; and
(d) A plan for ultimate disposition of Native American remains or remains from an African American burial ground, whichever is applicable, subsequent to the completion of adequate analysis.
IV. If no agreement is reached within 90 days, the state historic preservation officer and commissioner shall determine the terms of the agreement.