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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 or other

projects or exposed through erosion, excavation, 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

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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 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,

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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."