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Law and Order Code of the Fort McDowell
Yavapai Community, Arizona

Adopted by Resolution No. 90-30
July 9, 1990 and Subsequently Amended
[Includes amendments dated 2000.]

Approved by Area Director, Bureau of Indian Affairs
Phoenix Area Office
October 16, 1990

CHAPTER 19 - ANTIQUITIES AND ARCHAEOLOGICAL SITES

Sec. 19-1. TITLE.

This chapter shall be known as the "Antiquities Ordinance."

Sec. 19-2. VIOLATIONS; PENALTIES.

Any person violating any of the provisions of this chapter is guilty of an offense and shall upon conviction be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for a period not to exceed six (6) months, or both, and shall, in addition, forfeit to the Fort McDowell Yavapai Indian Community all articles and material discovered, collected or excavated, together with all photographs and records relating to such objects.

Sec. 19-3. POLICY.

It is the policy of the Fort McDowell Yavapai Indian Community that sites within the external boundaries of the community reflecting historic or prehistoric evidence of human activity shall be preserved so that members of this community and others may gain greater knowledge concerning the historic and prehistoric habitation of this community.

Sec. 19-4. EXCAVATING OR EXPLORING ARCHEOLOGICAL SITE; TAKING OBJECTS.

No person, except when acting pursuant to a duly issued permit as provided for in section 19-5, shall excavate in or upon any historic or prehistoric ruin or monument, burial ground or site, including fossilized footprints, inscriptions made by human agency, or other archaeological or historical features, situated on lands within the external boundaries of the Fort McDowell Yavapai Indian Community, nor shall any person not a holder of a permit as provided in section 19-5 explore for or take any object of antiquity from such site.

Sec. 19-5. PERMIT; CONDITIONS.

Permits for the exploration and excavation of sites described in section 19-4 may be issued by the archaeological officer of the Fort McDowell Yavapai Indian Community only to reputable museums, universities, colleges or other recognized scientific or educational institutions, scientists or their duly authorized agents, or other qualified archaeological research organizations. Such permits may be issued on condition that the permittee will restore the site excavated to the condition it was in prior to the excavation or such modification of such condition as may be appropriate, upon the condition that any objects of antiquity found in exploration and excavation be and remain the property of the Fort McDowell Yavapai Indian Community to be held by the community through its appropriate agencies or lent by the community to such other appropriate agencies for such period of time as seems reasonable to the archaeological officer of the Fort McDowell Yavapai Indian Community, and upon such other conditions as the archaeological officer of the Fort McDowell Yavapai Indian Community shall require or as shall be required by regulations adopted pursuant to this chapter. No permit shall be issued for a period of more than one year, but permits may be renewed.

Sec. 19-6. ARCHAEOLOGICAL OFFICER.

The director of the community development department or that director's designee shall be the archaeological officer of the Fort McDowell Yavapai Indian Community.

Sec. 19-7. ADMINISTRATIVE REGULATIONS.

The director of the community development department shall, within one hundred twenty (120) days of the enactment of this chapter, propose to the community council regulations not inconsistent with this chapter for the administration of this chapter. The proposed regulations shall be deemed adopted, as they may have been modified by the community council, as of a date thirty (30) days after the date of submission to the community council. The regulations may be amended from time to time by the same process as required for adoption.

Sec. 19-8. FEES; BONDS.

A uniform fee equal to twenty-five dollars ($25.00) per week for each of the weeks for which a permit is to be issued shall be charged to the permittee. Payment of the fees shall be made for the total period of the permit at the time of the issuance of the permit. The fee is not payable for issuance of a permit to the Fort McDowell Yavapai Indian Community or any person or entity as described in section 19-5 who is retained by the Fort McDowell Yavapai Indian community.
The permittee shall, prior to the issuance of the permit, post a bond payable to the Fort McDowell Yavapai Indian Community either in cash or its equivalent, or by a surety acceptable to the Fort McDowell Yavapai Indian Community, in an amount sufficient to assure the restoration of the sites to be explored and excavated, to assure that all antiquities discovered in such exploration and excavation will be promptly turned over to the Fort McDowell Yavapai Indian Community, and to assure performance of all the conditions of the permit, or in such other amount, as may be determined by the archaeological officer.

Sec. 19-9. DUTY TO REPORT DISCOVERIES.

Any, person in charge of any survey, excavation or construction on any lands within the Fort McDowell Yavapai Indian Community shall report promptly to the archaeological officer of the Fort McDowell Yavapai Indian Community the existence of any archaeological or historical site or object discovered in the course of such survey, excavation or construction and shall take all reasonable steps to secure its preservation. The archaeological officer may determine that all such survey, excavation or construction actions shall cease pending an investigation of the discovery of any such site or object.

Sec. 19-10. DEFACING SITE OR OBJECT.

No person, institution or corporation shall deface or otherwise alter any site or object embraced within the terms of section 19-5, except as has been specifically provided for in the permit granted pursuant to section 19-5.

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