HP0135
LD 160
Session - 126th Maine Legislature
C "A", Filing Number H-62, Sponsored by
LR 1005
Item 2
Bill Tracking, Additional Documents Chamber Status

Amend the bill by inserting before section 1 the following:

Sec. 1. 27 MRSA §372, sub-§3  is enacted to read:

3 Consultation with federally recognized Indian tribes.   In recognition of the interests of the federally recognized Indian tribes in this State in their archaeological heritage and in accordance with the requirements of federal law, including the National Historic Preservation Act of 1996, as amended, and the federal Native American Graves Protection and Repatriation Act, the Maine Historic Preservation Commission and the State Museum shall consult with federally recognized Indian tribes in this State concerning adequate and appropriate curation of archaeological materials excavated from protected sites.

Amend the bill by striking out all of section 6 and inserting the following:

Sec. 6. 27 MRSA §377,  as amended by PL 1995, c. 502, Pt. E, §30 and PL 2011, c. 657, Pt. W, §7, is further amended to read:

§ 377. Protection of site location information

In order to protect the site or protected site from unlawful excavation or harm, any information on in the possession of the Maine Historic Preservation Commission, the State Museum, the Division of Parks and Public Lands, other state agencies or the University of Maine System about the location or other attributes of any site in the possession of the Maine Historic Preservation Commission, the State Museum, the Division of Parks and Public Lands, other state agencies or the University of Maine System or protected site may be deemed designated by the Maine Historic Preservation Commission or State Museum to be as confidential and exempt from Title 1, chapter 13. Such data shall must be made available for the purpose of archaeological research. The directors of the Maine Historic Preservation Commission and the State Museum shall jointly adopt rules establishing standards and procedures for obtaining the data, and may impose reasonable requirements on its use, including requirements of confidentiality. The directors of the Maine Historic Preservation Commission and the State Museum shall establish procedures for reviewing no less frequently than once every 10 years information designated as confidential under this section in order to determine whether continued confidentiality is necessary and, if not, to remove the confidentiality designation.

Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.

SUMMARY

This amendment makes the following changes to the bill.

1. It requires the directors of the Maine Historic Preservation Commission and the Maine State Museum to establish procedures for reviewing at least once every 10 years site location information designated as confidential in order to determine whether continued confidentiality is necessary and, if not, to remove the confidentiality designation.

2. It requires the Maine Historic Preservation Commission and the Maine State Museum to consult with representatives of the Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet Indians and the Aroostook Band of Micmacs with regard to the adequate and appropriate curation of Native American artifacts recovered from protected sites, as defined in the bill.

3. It makes a technical wording change.


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