Important Change in Maine Law
By Art Spiess

Background
     The legislature has passed and the governor has signed into law (PL 601), an important change in Maine law affecting the treatment of Indian human remains. The bill was sponsored by Representative Donald Soctomah to address issues of private individuals holding Indian human remains. The Maine Historic Preservation Commission, the Medical Examiners Office, and the Legislative staff of the Judiciary Committee worked closely with Representatives Soctomah and Donna Loring to address a variety of issues in the bill, including the issue of state law conflicting with Federal NAGPRA (Native American Graves and Repatriation Act). This law replaces &4720 Indian Bones Law which mandated transferal to the appropriate Indian tribe of Indian human remains after a one year period of study. The new law requires transfer of all Indian human remains in private possession to the inter tribal repatriation committee, except for Indian remains in the possession of Museums and State agencies covered By NAGPRA. (NAGPRA, of course, requires determination of cultural affiliation, and repatriation of culturally affiliated human remains and associated funerary objects.) The new law also clarifies the role of the Chief Medical Examiner's Office, requiring repatriation of Indian human remains that have been part of a Medical Examiner?s case. (See 22MSRA chapter 711 &3025 for the definition of a Medical Examiner Case, which basically covers all cases of possibly suspicious death. Subsection 4 of the new law requires a Memorandum of Understanding between the Chief Medical Examiner's Office, The Maine Historic Preservation Commission, and the Maine State Museum which will allow clarification of an area that is not explicitly covered by law : how the Chief Medical Examiner and archaeologists deal with obvious archaeological cases that could not possibly have a bearing on a prosecutable crime, including prehistoric Indian human remains. We have not yet developed that MOU, which will be the subject of another memo at a future date. The legislation, and Summary section, as passed by the Judiciary Committee are attached on the next two pages. Sec. 1 22 MRSA 2842-B. Indian Human Remains

1. Transfer of Remains. Except as provided in subsection 2 and 3, a person or entity who possesses any human remains identified as Indian human remains must transfer the remains to the intertribal repatriation organization that is appointed by the Passamaquoddy Tribe, Penobscot Nation, Houlton Band of Maliseet Indians and Aroostook Band of Micmacs for reburial. The intertribal repatriation organization shall make reasonable inquiry to locate next-of-kin of the deceased. If next-of-kin are located, the intertribal repatriation organization shall transfer the remains to the next-of-kin.

2. Medical Examiner Cases. In cases within the jurisdiction of the Medical Examiner Act, the Chief Medical Examiner has authority over Indian human remains until the remains are no longer required for legal purposes. At that time, the Chief Medical Examiner shall make reasonable inquiry to locate the next-of-kin of the deceased. If next-of-kin are located, the Chief Medical Examiner shall release the remains to the next-of-kin of the deceased. If no next-of-kin are located, the remains must be released to the intertribal repatriation organization for reburial.

3. Native American Graves Protection and Repatriation Act. Subsection 1 does not apply to any human remains or any person or entity subject to the Native American graves Protection and Repatriation Act, 25 United States Code, chapter 32. 4. Memorandum of Understanding. The Chief Medical Examiner, the Maine Historic Preservation Commission and the Maine State Museum shall enter into a memorandum of understanding concerning the disposition of human remains in the possession of the Chief Medical Examiner that are subject to the Native American Graves Protection and repatriation Act.