§ 44-12-262. Return of Human Remains and Burial Objects Upon Request of Known Lineal Descendant or Tribe; Immunity of Museum for Returns Made in Good Faith; Private Collections of Artifacts Not Containing Burial Objects
Upon the request of a known lineal descendant of the particular American Indian or, if a cultural affiliation is established between a particular American Indian tribe and particular human remains or burial objects, the request of the tribe, and pursuant to subsections (d) and (e) of this Code section, the museum shall expeditiously return such […]
§ 44-12-263. Monitoring and Review of Inventory, Identification, and Repatriation Activities
The council shall monitor and review the implementation of inventory and identification process and repatriation activities required under Code Sections 44-12-261 and 44-12-262 to ensure a fair, objective consideration and assessment of all available relevant information and evidence. History. Code 1981, § 44-12-263 , enacted by Ga. L. 1992, p. 1790, § 6.
§ 44-12-264. Penalties for Violation of Code Sections 44-12-261 and 44-12-262
Any museum which fails to comply with the provisions of Code Section 44-12-261 or 44-12-262 shall be subject to a civil penalty to be imposed by the council. The amount of such penalty shall be based upon: The archeological, historical, or commercial value of the item involved; The damages suffered, both economic and noneconomic, by […]
§ 44-12-280. Council on American Indian Concerns Created; Membership; Assignment for Administrative Purposes; Terms of Office; Removal for Failure to Attend Meetings
As used in this Code section, the term: “Anthropologist” means a physical anthropologist who holds a Ph.D. in physical anthropology with demonstrated experience in on-site identification of human skeletal remains and who is currently active in the profession. “Archeologist” means any person who: Is a member of or meets the criteria for membership in the […]
§ 44-12-281. Compensation and Expenses
Councilmembers shall receive no compensation for their services but shall be reimbursed for their actual travel and expenses necessarily incurred in the performance of their duties for each day such member of the council is in attendance at a meeting of the council. History. Code 1981, § 44-12-281 , enacted by Ga. L. 1992, p. […]
§ 44-12-282. Chairperson; Meetings; Quorum
Annually, the councilmembers shall elect a chairperson for a term of one year. The council shall meet as frequently as needed to perform its duties, upon the call of the council chairperson. Five councilmembers shall constitute a quorum to conduct business. History. Code 1981, § 44-12-282 , enacted by Ga. L. 1992, p. 1790, § […]
§ 44-12-283. Powers and Duties of Council
The council shall have the following powers and duties: To serve as a resource for the notification of relatives under paragraph (4) of Code Section 36-72-5, relating to notification of relatives pursuant to obtaining a permit for land use change or disturbance; provided, however, that failure of the council to respond within 30 days to […]
§ 44-12-283.1. Additional Powers of Council
In addition to any other powers granted by law, the council may, in its discretion, study, consider, accumulate, compile, assemble, and disseminate information on any aspect of Indian affairs; investigate relief needs of Indians in Georgia and provide technical assistance in the preparation of plans for the alleviation of such needs; confer with appropriate officials […]
§ 44-12-283.2. Council Authorized to Promulgate Rules and Regulations; Notification Requirement
The council is authorized to promulgate rules and regulations to accomplish the provisions of this article in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” The council is expressly prohibited from engaging in any activity which would tend to assist the implementation of Indian gaming in this state, and the council […]
§ 44-12-284. Delegation of Duties; Professional, Technical, and Clerical Personnel
The council may delegate duties to one or more councilmembers or agents. The council is authorized to obtain the services of such professional, technical, and clerical personnel as may be necessary to enable it to carry out its functions under this part and to contract for such services as may be necessary to enable the […]