Governor Bill Richardson Signs Reburial Grounds Act

STATE OF NEW MEXICO INDIAN AFFAIRS DEPARTMENT
For Immediate Release                                         
Contact: Edward Calabaza
(505) 476-1611
                                               
SANTA FE, NM (April 4, 2007) – Governor Bill Richardson signed into law yesterday the state “Reburial Grounds Act.” The law directs the Cultural Affairs Department to designate unmarked reburial grounds on state or federal land for the reburial of human remains and funerary objects that have not been previously claimed by a descendant group.
 
The law also requires the department to define rules for re-interment of ancestral remains and the establishment of a Tribal-State Workgroup to assist the department. Currently, all attempts are made to leave ancestral remains intact and undisturbed when possible. 
 
However, when preservation is not possible, the remains are excavated and efforts are made by the department to have the remains claimed by a tribe or descendent group, or to place the remains in a museum repository.  The Reburial Grounds Act will provide a third option for disposition: reburial in a respectful manner at a secure and unmarked location on state or federal land.
 
“The policy is long overdue,” said Governor Richardson, “This will now require the state to consult with Indian Nations, Tribes, and Pueblos to ensure the protection of ancestral remains and items.” 
 
The New Mexico legislature unanimously passed HB 73 and SB 581 last month during the regular 2007 legislative session. The measures were introduced by Representative James Roger Madalena and by Senator John Pinto.
 
“This legislation doesn’t just impact Native American remains, it has a positive impact on all human remains unearthed during construction or other means,” Rep. Madalena said today. “I am thankful for the governor’s sensitivity, which is evident by signing these measures into law.
 
According to the New Mexico State-Tribal Workgroup on Repatriation and Cultural Places, human remains, often Native American ancestral remains, are discovered during construction, authorized archeological excavations, or through erosion on state and private lands. The federal Native American Graves Protection and Repatriation Act, does not apply to discoveries of human remains on state or private lands.
 
Mr. Arden Kucate, Co-Chair of the Tribal-State Workgroup, believes this is yet another process that ensures that tribes are consulted and can have meaningful participation in state activities that may affect Native American cultural resources, “The tribal state workgroup has been supportive and devoted since the beginning and should be recognized for their important work on behalf of the tribes in New Mexico.  We have another consultation process in place through the Reburial Grounds Act. We can look
 
forward to making sure that tribes are consulted and have better control in determining the best care for our ancestors.”
 
The Reburial Grounds Act follows in the wake of Governor Richardson’s 2005 executive order on the Tribal Consultation Policy on the Protection of Sacred Places and Repatriation.
 
“Governor Richardson demonstrated his commitment to the Indian people of this state when he established the Indian Affairs Department,” stated Indian Affairs Department Secretary Benny Shendo, “Signing this bill into law reinforces that commitment. IAD looks forward to supporting and assisting the Cultural Affairs Department’s efforts to comply with the Reburial Grounds Act.”
 
The New Mexico Indian Affairs Department, the Tribal-State Workgroup on Repatriation and Cultural Places, the Cultural Affairs Department, the legislative Interim Indian Affairs Committee, and the Commission on Indian Affairs supported the enactment of the Reburial Grounds Act.
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