SHPA
State Historic Preservation Act (The State Act) A.R.S. §41-861 et. seq.
In short, the State Act generally mirrors the NHPA. The chief agency administrator is responsible for the preservation of properties owned or controlled by the agency (including lands, buildings, structures, or archaeological sites), and must consider use of available historic properties prior to acquiring, constructing or leasing new buildings. The agency has the responsibility for historic properties that may be affected by the agency actions or plans, regardless of whether the property is owned or controlled by the agency. Although this law does not require Tribal consultation, A.R.S. §41.2051 mandates it.
State Burial Laws
A.R.S. 41-844 applies to activities on lands belonging to the State of Arizona and materials held by State institutions. (State lands means lands owned or controlled by the State of Arizona or by any agency, instrumentality, or political subdivision of the State of Arizona, including any county or municipal corporation.) The people who are in charge of projects are required to notify the State Museum (ASM) when they find human remains (burials) that they believe may be more than 50 years old, or when they find objects that might be of special importance to Native Americans. Also under the statute, Native American groups can make claims to such objects when they are held by state institutions, such as museums. The objects of special importance include those used in religious ceremonies, and others that may be symbols of the cultural heritage of Native Americans in Arizona. Items included with a burial at the time of interment are also covered by the law.
A.R.S. 41-865 applies to private lands in Arizona. It requires landowners or their agents to notify the Arizona State Museum when materials that might be human remains are found. The Museum then has up to ten days, or more if permitted by the landowner, to consult with any groups that might be culturally related to the remains, and to implement the decision about what to do with the materials. Groups to be consulted include Native American tribes and any other organized cultural group that can reasonably represent the group to which the deceased belonged. This law also makes it a crime to profit financially from the sale of human remains or items buried with them, as covered under the law.
