2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-C - Historic Preservation › Section 227-C:8-g - Disposition of Human Remains.

227-C:8-g Disposition of Human Remains. –
I. (a) If the human remains are Native American, the director or their designee, after consultation with an appropriate federally recognized Indian tribe or specific living ethnic group or other nonfederally recognized Indian group, shall determine the ultimate disposition of the remains after the analysis.
(b) If the human remains are from a newly discovered African American burial ground, the director or their designee, after consultation with the descendants or descendant community associated with the African American burial ground, shall determine the ultimate disposition of the remains after the analysis.
II. If the skeletal remains are other than Native American or from an African American burial ground, and the next of kin have been identified, the next of kin shall have authority concerning the ultimate disposition of the remains after the analysis.
III. If the state archaeologist has received no information or communication concerning the identity or next of kin of the deceased, the remains shall be transferred to the state archaeologist who shall arrange for either permanent curation according to standard museum procedures or for reburial in a public cemetery after adequate analysis.
IV. In the case of remains encountered during the course of long-term research of a professional archaeologist is provided in RSA 227-C:8-a, III(b), the director or their designee, on recommendation of the state archaeologist, may grant permission to a sponsoring institution, which shall include accredited colleges, universities, museums, or professional archaeological organizations, to permanently curate the remains according to standard museum procedures after appropriate analysis is completed.
V. (a) If a determination is made by the director or their designee and the commissioner, in consultation with an appropriate federally recognized Indian tribe or specific living ethnic group or other nonfederally recognized Indian group, that Native American remains shall be reinterred following the completion of analysis, an appropriate tribe or group may provide a suitable reburial location and reburial ceremony. If it elects not to do so, it shall be the responsibility of the department to provide a suitable reburial location.
(b) If a determination is made by the director or their designee and the commissioner, in consultation with the descendants or descendant community associated with the African American burial ground, that the African American remains shall be reinterred following the completion of analysis, the community may provide a suitable reburial location and reburial ceremony. If it elects not to do so, it shall be the responsibility of the department to provide a suitable reburial location.
VI. The expense of transportation of Native American remains or remains from an African American burial ground to the reburial location shall be borne by the party conducting the excavation and removal of the remains. The reburial ceremony may be provided by an appropriate federally recognized Indian tribe or specific living ethnic group or other nonfederally recognized Indian group. If such tribe or group elects not to do so, the reburial ceremony shall be the responsibility of the director or their designee and the commissioner.
Source.
1986, 80:10, eff. Jan. 1, 1987. 2023, 200:3, eff. Oct. 3, 2023.