Title 44, Chapter 12, Section 261
( 44-12-261)
(a) Any museum having possession or control over holdings or
collections of American Indian human remains or burial objects shall
compile an inventory of such items and, to the extent possible based
on information possessed by such museum, identify the geographical
and cultural affiliation of such items. (b) The inventory and identification required under subsection (a)
of this Code section shall be: (1) Completed in consultation with American Indian tribes; (2) Completed by not later than July 1, 1997; and (3) Made available to the Secretary of State and the council both
during the time conducted and afterward. (c) Upon the request of any American Indian tribe, a museum shall
supply additional available documentation to supplement the
information required by subsection (a) of this Code section. Such
documentation shall consist of a summary of existing museum records,
including inventories or catalogs, relevant studies, and other
pertinent data for the limited purpose of determining the
geographical origin, cultural affiliation, and basic facts
surrounding the acquisition and accession of American Indian human
remains and burial objects subject to this Code section. (d) This part shall not be construed to be an authorization for the
initiation of new scientific studies of human remains and burial
objects or the initiation of any other method of acquiring or
preserving additional scientific information from such remains and
objects. (e) Any museum which has made a good faith effort to carry out an
inventory and identification under this Code section, but which has
been unable to complete the process, may appeal to the Secretary of
State for an extension of the time requirement set forth in
paragraph (2) of subsection (b) of this Code section. The Secretary
of State may once grant an extension of up to one year for any such
museum upon a finding of good faith effort. An indication of good
faith shall include the development of a plan to carry out the
inventory and identification process. (f) If the cultural affiliation of any particular American Indian
human remains or burial objects is determined pursuant to this Code
section, the museum concerned shall not later than six months after
the completion of the inventory notify the affected American Indian
tribes. The notice shall include information: (1) Which identifies or describes each American Indian human
remains or burial object and the circumstances surrounding its
acquisition; (2) Which lists the human remains or burial objects that are
clearly identifiable as to tribal origin; and (3) Which lists the American Indian human remains and burial
objects that are not clearly identifiable as being culturally
affiliated with that Indian tribe, but which, given the totality
of circumstances surrounding acquisition of the remains or
objects, are determined by a reasonable belief to be remains or
objects culturally affiliated with the Indian tribe. A copy of each notice shall be sent to the Secretary of State and to
the Council on American Indian Concerns. |