227-C:8-d Consultation with Native American Community and African American Community. –
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.