A.R.S. tit. 41 ch. 4.1 — Arizona Revised Statutes Title 41 Chapter 4.1 — History, Archaeology And State Emblems

41-821. Arizona historical society; powers; officers; duties of board of directors A. The Arizona historical society is established. B. Subject to limitations imposed by law, the society may purchase, receive, hold, lease and sell property, real and personal, for the benefit of this state and use of the society. The society may solicit private monetary donations for program activities. C. The society shall have a president, a treasurer and other officers who are elected by the members of the society at times and by methods the bylaws of the society prescribe. Each member of the board of directors shall have knowledge, competence, experience and interest in the fields related to the preservation and promotion of Arizona history and be a member of the society or become a member of the society before senate confirmation. The governor shall appoint the members pursuant to section 38-211 for a term of four years. The board of directors may designate from among its members an executive committee with authority to act in place of the board of directors and in accordance with directions the board of directors may give when the board of directors is not in session. D. The board of directors is established consisting of the following members who are appointed pursuant to subsection C of this section: 1. One member from each county. 2. One member who is recommended by each of the designated historical organizations as prescribed by subsection I of this section. 3. Five members of the public. E. The president shall preside at meetings of the society and of the board of directors. Each member of the board of directors is entitled to only one vote. The board of directors may conduct meetings telephonically. F. The treasurer shall have custody of the monies of the society, other than legislative appropriations. The treasurer shall hold the monies of the society deposited in trust for the society's use and for the benefit of this state and shall disburse them only as prescribed by law and the bylaws of the society. G. The board of directors shall hold in trust for this state and administer for the benefit of this state and use of the society all property acquired by the society. H. All expenditures of legislative appropriations to the society shall be made on claims that are duly itemized, verified and approved by the executive director of the society. The executive director of the society shall present and file claims for payment with the director of the department of administration. The director of the department of administration shall draw the warrant on the state treasurer. The society may expend nonappropriated private funds related to program activities. I. The board of directors shall annually designate one or more historical organizations within each county of this state that are incorporated as nonprofit organizations and that are deemed to have a functioning program of historical value based on criteria established by the board of directors. The board of directors may organize chapters made up of groups of its members who have a common interest in a geographical area of this state or a common interest in a field of history, may provide for the governance of these chapters and may grant to any chapter the power to exercise authority of the society as the board of directors may determine. J. The board of directors, subject to legislative appropriation, may contract with certified historical organizations for services to be performed for the benefit of this state. The contracts shall be prepared by the Arizona historical society. The board of directors shall annually review the contracts to ensure fulfillment of their provisions. K. Subject to chapter 4, article 4 of this title, the board of directors may employ an executive director and may employ or authorize the employment of other employees it considers appropriate to carry out the functions of the society. The executive director and all other employees shall have duties and exercise authority as may be prescribed by the board of directors or by the executive director acting under the direction of the board of directors. L. The board may operate a program for the establishment and maintenance of historical markers at various locations in this state. 41-822. Historical collections; annual report A. The board of directors shall annually make a detailed statement of expenditures to the governor. B. To enable the society to augment its collections by effecting exchanges with other societies and institutions, sixty bound copies of each of the several publications of the state and its societies and institutions, except reports of the supreme court, shall be donated to the society when issued, and shall be delivered to the society by the officer having their custody. There shall also be donated to the society for deposit in its collections one set of all publications of the state, including the supreme court reports. 41-823. Purposes of society; housing of society collection; financial provisions A. The society shall procure, by gift, exchange or purchase: 1. Books, maps, papers and materials pertaining to the history of Arizona and the west. 2. Narratives of historical events of the exploration and early settlement of Arizona, and of overland travel in the state and the west. 3. Data relating to Indian tribes, and portraying the antiquities, the past and present conditions and progress of the state. 4. Historical and scientific reports of the western states, and materials and facilities for investigation of historical, scientific, social, educational and literary subjects. B. The collections and materials shall be housed suitably for protection, preservation and availability, properly catalogued and kept accessible to the public during reasonable hours on business days and the society may charge a fee for these services. C. For the purpose of effectuating the functions prescribed in subsections A and B of this section, the society may borrow money with which to erect or procure needed buildings and equipment, but authorization to borrow money shall not exceed in the aggregate the sum of seventy-five thousand dollars for the purpose of erecting and procuring needed buildings and equipment. The society may issue negotiable promissory notes and necessary renewal notes as evidence of the money so borrowed. The notes shall be authorized by resolution of the board of directors of the society, may mature at such times not exceeding three years from the respective dates thereof, may bear interest at not to exceed five per cent per annum, payable semiannually, and may be payable at such times and in such partial sums as the resolution provides. D. Money borrowed under the provisions of this section shall be deposited, pursuant to sections 35-146 and 35-147, in the Arizona historical society building fund and disbursed in satisfaction of approved claims arising under the contract or contracts for construction and equipment of the building. E. Notes issued pursuant to this section shall be payable only in accordance with the terms thereof and shall not be obligations, general, special or otherwise, of the state. The notes shall not constitute a debt, legal or moral, of the state and shall not be enforceable against the state. 41-824. Journal of Arizona history The Arizona historical society shall publish a magazine, to be known as "Journal of Arizona History", at least four times per year. 41-825. Permanent Arizona historical society preservation and restoration revolving fund A. There is created the permanent Arizona historical society preservation and restoration revolving fund in the amount of five thousand dollars for use in copying, preserving and restoring historic photographs and negatives, which are proper as ultimate claims for payment from state funds. Such expenditures from the fund and reimbursement thereto shall be as prescribed by rules and regulations of the department of administration. B. The permanent revolving fund shall be established as a separate account on the books of the Arizona historical society and a full accounting of its use shall be made to the department of administration annually or as required by the department of administration. C. All monies deposited in the revolving fund are appropriated to the Arizona historical society for use as provided in this section and shall be exempt from the provisions of section 35-190, relating to lapsing of appropriations. 41-826. Permanent Arizona historical society revolving fund A. The permanent Arizona historical society revolving fund is established consisting of both of the following: 1. All monies received by the society from operating gift shops, book shops and food service facilities and from charges for the use of or admission into any of the society's facilities and deposited, pursuant to sections 35-146 and 35-147, in the fund. 2. Gifts, grants, donations and contributions to the fund. B. Fund monies shall be spent by the society for both of the following: 1. Enhancing the programs of the society or operating or improving its facilities. 2. Issuing historical markers for a dude ranch that is designated for inclusion in the Arizona dude ranch heritage trail program established by section 41-867. C. The Arizona historical society shall prepare an annual report that accounts for all permanent Arizona historical society monies received, from where received and for what purposes the monies were used during the fiscal year. The report shall include plans for the ensuing fiscal year. The report shall be presented to the legislature during January of each year. D. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. E. All monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. 41-831. Prescott historical society of Arizona; organization; officers; election by membership; property held in trust; expenditure of legislative appropriations A. There shall be a Prescott historical society of Arizona which, subject to the limitations imposed by law, may purchase, receive, hold, lease and sell property, real and personal, for the benefit of the state and the use of the society. B. The society shall have a president, a vice-president, a secretary, a treasurer and other officers as determined by the board of trustees. The president shall preside at meetings of the society and of the board of trustees. C. The members of the board of trustees shall be elected by the members of the society. The board of trustees shall consist of fifteen members of the society who reside in this state. D. The treasurer shall have custody of the funds of the society other than legislative appropriations. He shall hold the funds of the Sharlot Hall historical society coming into his hands in trust for the use of the Sharlot Hall historical society and for the benefit of the state and shall disburse them only as prescribed by law and according to the bylaws of the society. E. The board of trustees shall hold in trust for the state and administer for the benefit of the state and use of the society all property acquired by the society. F. All expenditures of legislative appropriations to the society shall be made upon claims duly itemized, verified and approved by the board which shall be presented and filed with the director of the department of administration who shall draw his warrant therefor. 41-832. Meetings of society; nominations; bylaws of society; election of officers; meetings; rules and regulations; employment of director and other personnel A. The society shall meet annually on the first Monday of June at the call of the president for the purpose of nominating new members of the board of trustees and to conduct such other business as may properly come before it. The nominations shall be made by a nominating committee chosen by the members of the society. Members of the board of trustees shall serve for a term of three years. B. The society may adopt bylaws for its government. C. The board of trustees shall elect annually from its membership a president, vice president, secretary and a treasurer. D. Regular meetings of the board of trustees shall be held at least once during each calendar quarter. Special meetings may be held at the call of the president or upon petition of any three of its members. Members of the board of trustees shall receive no compensation but shall be reimbursed for subsistence and travel expenses incurred in the performance of their duties as provided for other state officers. E. The board of trustees shall adopt rules and regulations for the administration of the work of the society and for carrying out the provisions of this article. The rules and regulations may divide membership of the society in four classes named life, one year, associate and honorary and may define each class. The fees for each class shall be fixed by the board of trustees, provided that the fee for any class may not exceed twenty-five dollars per annum. F. The board of trustees may employ, subject to chapter 4, article 4 of this title, a director, assistant director, custodians, archivists, librarians, researchers, maintenance personnel, gardeners or other necessary personnel, define their duties and fix their compensation pursuant to section 38-611 and within the limits of legislative appropriation. The board may also employ the services of professional consultants on a fee basis within the limits of legislative appropriation. 41-833. Powers and duties of society A. The Prescott historical society shall: 1. Preserve, maintain and perpetuate the gubernatorial mansion, the Sharlot Hall Museum and the historical collections contained in the mansion and museum and on the grounds of the mansion and museum in Prescott, Arizona. 2. Procure by gift, exchange or purchase books, maps, papers, goods, artifacts, utensils, museum specimens and other data or materials pertaining to the history of Arizona and the west. 3. Conduct and carry on investigations and expeditions into the geological and anthropological life of Arizona and the west. 4. Establish and maintain a library and publish pamphlets and reports. 5. Exchange exhibits on a temporary basis for display purposes with other museums and societies. 6. Loan exhibits to schools in Arizona or to museums and societies for which a fee may be charged. 7. Suitably house for protection, preservation and availability and properly catalogue and keep accessible to the public, during reasonable hours, the historical collections and materials and may charge a fee for these services. 8. Keep accessible to the public all historical data and provide suitable space for its use in research and may charge a fee for these services. B. All monies received by the society from whatever source other than legislative appropriation shall be credited for the use of the Sharlot Hall historical society and used as provided by the terms of this subsection for the following purposes: 1. Acquisition and restoration of museum specimens. 2. Direct research pertaining to the history of Arizona and the west. 3. Publication of books, pamphlets, bulletins and reports for sale by the society. 4. Acquisition of postal cards or other items consistent with the objects of the society for resale. 5. Other necessary expenses. C. The board of trustees may establish and collect fees for pamphlets, books, bulletins or reports which they publish, for items acquired for resale or for exhibits loaned to other museums or societies. D. The board of trustees shall annually make a report of its activities and expenditures to the governor. 41-834. Fees Any fees collected for annual membership or collections for any other purpose shall be deposited with the treasurer and expended as provided by the terms of this article and the rules and regulations of the society. 41-835. Perpetuation of historical names It is declared the public policy of this state that natural or artificial objects, places or things continue to be known by the names they now bear, as determined by the state geographic and historic names board, so that the historical record of the state may be protected and preserved. 41-835.01. Definitions In this article, unless the context otherwise requires: 1. "Board" means the state board on geographic and historic names. 2. "Geographic features" means mountains, canyons, gulches, streams, streambeds or channels whether flowing or dry, natural bridges, natural lakes, natural monuments, mesas, deserts, forests, springs, water holes, cliffs, chasms and other similar natural objects, places or things. 3. "Historic road" means a highway, street, road or route that is of historical or cultural significance in the settlement and development of this state and that is established or designated as a historic road by the board. 4. "Parkway" means an area along either or both sides of a highway, street, road or route that is acquired in fee or by easement by the governmental body having jurisdiction over the highway, street, road or route for the protection of geographic, natural flora or scenic values and that is established or designated as a parkway by the board. 5. "Places of historical significance" or "historic place" means objects, places or things that are associated with or named after people, places or events of historical significance, including historic roads, scenic roads, parkways, artificial bridges, dams, artificial lakes, parks, mining districts, artificial monuments, roads, trails or other similar artificial objects, places or things. 6. "Scenic road" means a highway, street, road or route through a scenic area that is established or designated as a scenic road by the board. 41-835.02. State board on geographic and historic names; membership; expenses; quorum; staff support; chairperson A. The state board on geographic and historic names is established consisting of: 1. One member who is appointed by the head of each of the following agencies or organizations: (a) The department of transportation. (b) The state land department. (c) The Arizona state library, archives and public records. (d) The Arizona historical society. (e) The Arizona commerce authority. (f) The department of economic security. (g) A geography department of an Arizona university. 2. Three members of the public who are appointed by the governor, at least one of whom is an enrolled member of a recognized tribe or Indian community located in Arizona. B. Members shall serve staggered five-year terms to begin and end on the third Monday in January, except that the member appointed pursuant to subsection A, paragraph 1, subdivision (g) of this section shall serve a two-year term. The initial appointment of the member appointed in subsection A, paragraph 1, subdivision (g) of this section shall be made by Arizona state university. On the expiration of the initial term of the member appointed in subsection A, paragraph 1, subdivision (g) of this section, the position shall be appointed by the university of Arizona, and on the expiration of that term northern Arizona university shall appoint the member. The three state universities shall continue to rotate the appointment of this member on the board. C. Members are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2. D. The Arizona state library, archives and public records shall provide staff support to the board. E. A majority of the members constitutes a quorum. F. The board shall annually elect a chairperson and vice chairperson from among its members. 41-835.03. Powers and duties A. The board shall: 1. Receive and evaluate all proposals for changes in or additions to names of geographic features and places of historical significance in this state and after this evaluation designate the most appropriate and acceptable names and spelling of these names for use in maps and other official governmental documents. 2. Receive and evaluate all proposals for naming geographic features in this state for which no generally accepted name is or has been in use and after this evaluation designate a name for use in maps and other official governmental documents. 3. Cooperate with political subdivisions of this state to eliminate the duplication of the names of geographic features that are not of historical significance. 4. Assist and cooperate with the United States board of geographic names in matters relating to names of geographic features and places in this state. 5. Maintain a list of advisers who have expertise in this state's history, geography or culture and consult with those advisers in evaluating proposals. 6. Designate one or more members to act as the state representative to the western states geographic names council. 7. Receive and evaluate all proposals to establish or designate a highway or area as a parkway, historic road or scenic road that is of geographic or historical significance in this state and after this evaluation designate the most appropriate and acceptable names and spelling of these names for use in maps and other official governmental documents. If the parkway, historic road or scenic road to be established or designated is not a state highway or route, the establishment or designation is not effective unless the state board on geographic and historic names or governmental body having jurisdiction over the parkway, historic road or scenic road agrees to the establishment or designation. The state board on geographic and historic names shall notify the director of the department of transportation and the state transportation board when a parkway, historic road or scenic road is given a historic designation pursuant to this section. B. The board may: 1. Adopt rules for the orderly conduct of business. 2. Initiate proposals for changes in or additions to geographic or historic names in this state. Any proposal initiated by the board shall be evaluated in accordance with the procedures prescribed under section 41-835.04. C. Notwithstanding any other law, the board may not: 1. Change street and road names for the purpose of uniformity. 2. Designate a name for a geographic feature that commemorates any person until that person has been deceased at least five years. 41-835.04. Changes in or additions of geographic features or places of historical significance; submission of proposal; consideration; action; notice A. A person, a group or an agency of federal, state or local government may propose a change in or the addition of any geographic feature or place of historical significance within this state by submitting a proposal and supporting information to the board for evaluation and recommendation. B. On receipt of a proposal, together with sufficient supporting information, the board shall: 1. Place the proposal on the agenda for consideration at its next meeting. 2. Give appropriate notice to persons and groups that are affected by the proposal or might have an interest in it. 3. Provide opportunities for public comment. 4. Conduct research and field investigations as it deems necessary. C. When the board takes action on a proposal, the board shall notify the person, group or agency that submitted the proposal and shall transmit the official recommendation of geographic names to the United States board of geographic names. The names approved by the board shall be filed with the secretary of state and the clerk of the board of supervisors in the appropriate county. 41-835.05. Use of names chosen When the board designates a name for a geographic feature or place of historical significance within this state, the name is the official name for the geographic feature or historic place and shall be used in and on all maps, records, documents and other publications issued by this state or its departments and political subdivisions. 41-835.06. Advertising or publishing a name without approval A person may not attempt to modify local usage or name an unnamed geographic feature in an advertisement or publication without first obtaining the approval of the board. If a person violates this section, the board shall promptly act to curtail such activity and shall adopt an official name for the feature if no recognized name is of record. 41-836. Restriction on changing historical name It is unlawful for a public officer, department, agency or employee to change and record in writing or otherwise in any public records, documents or papers of this state the name of a place of historical significance or mountain, canyon, gulch, stream, streambed or channel, whether flowing or dry, mesa, desert, forest, spring, water hole, bridge, either natural or artificial, cliff, chasm, dam, lake, either natural or artificial, park, mining district, monument, either natural or artificial, road, trail or other natural or artificial geographic feature in this state unless the change has first been approved by the board. 41-837. Hoover dam A. Notwithstanding this article, the dam located on the Colorado River in Mohave county, formerly known as Boulder Dam, is designated and shall be known as "Hoover Dam". B. All official acts, state records, documents and papers relating thereto executed after June 30, 1953 shall bear the designation "Hoover Dam". 41-837.01. Mogollon Rim A. Notwithstanding this article, the cliff-like escarpment located in northern Arizona which separates the Colorado plateau and the central highlands and forms, in part, the divide between the Little Colorado River and Salt River drainage areas, also forming a portion of the boundaries of Coconino and Gila counties, is designated and shall be known as the "Mogollon Rim". The escarpment begins at approximately 34° 25' 10" north 111° 33' 00" west and continues through approximately 34° 18' 00" north 110° 54' 15" west then continues through approximately 34° 14' 00" north 110° 18' 9" west and ends at approximately 34° 7' 15" north 109° 58' 30" west, such point being approximately two miles south of Pinetop-Lakeside at the head of Petrified Creek. B. All official acts, state records, documents and papers relating to the escarpment described in subsection A of this section after April 4, 1984 shall bear the designation "Mogollon Rim". C. The first letter of both words of the designation "Mogollon Rim" shall be capitalized in accordance with standard practice for geographic names. 41-838. Violation; classification A person who violates any provision of this article or who directs a violation of this article is guilty of a class 2 misdemeanor. 41-841. Archaeological and vertebrate paleontological discoveries A. On lands owned or controlled by this state or any agency of this state a person shall not knowingly excavate in or upon any historic or prehistoric ruin, burial ground, archaeological or vertebrate paleontological site, or site including fossilized footprints, inscriptions made by human agency or any other archaeological, paleontological or historical feature, except when acting as a duly authorized agent of an institution or corporation referred to in section 41-842. B. On lands owned or controlled by this state or any agency of this state a person shall not knowingly collect any archaeological specimen or vertebrate paleontological specimen without obtaining a permit authorizing the activity as provided under section 41-842. For the purpose of this subsection, "archaeological specimen" means any item resulting from past human life or activities which is at least one hundred years old including petroglyphs, pictographs, paintings, pottery, tools, ornaments, jewelry, textiles, ceremonial objects, weapons, armaments, vessels, ships, vehicles and human skeletal remains. Archaeological specimen does not include arrowheads, coins or bottles. 41-842. Permits to explore A. Only institutions, organizations or corporations organized for scientific, research or land use planning purposes may pursue any activity prescribed in section 41-841. B. No such activity may be undertaken until a permit is first secured therefor from the director of the Arizona state museum. C. Permits shall be granted by the director for such periods of time and under such regulations as he may from time to time determine to institutions, organizations or corporations which are qualified to conduct such activities and which shall undertake to propagate the knowledge to be gained and to preserve permanently all objects, photographs and records in public repositories under their own supervision or control, or the supervision or control of other similar institutions, organizations or corporations. 41-843. Prohibiting unnecessary defacing of site or object No person, institution or corporation shall deface or otherwise alter any site or object embraced within the terms of sections 41-841 and 41-842, except in the course of activities pursued under the authority of a permit granted by the director of the Arizona state museum. 41-844. Duty to report discoveries; disposition of discoveries; definitions A. A person in charge of any survey, excavation, construction or other like activity on any lands owned or controlled by this state, by any public agency or institution of the state, or by any county or municipal corporation within the state shall report promptly to the director of the Arizona state museum the existence of any archaeological, paleontological or historical site or object that is at least fifty years old and that is discovered in the course of such survey, excavation, construction or other like activity and, in consultation with the director, shall immediately take all reasonable steps to secure and maintain its preservation. If it is necessary to move the object before completion of the proceedings prescribed by this section to permit the continuation of work on a construction project or similar project, the director shall require that the move be accomplished in the manner that will least disturb and best preserve the object. B. If the objects discovered are human remains, funerary objects, sacred ceremonial objects or objects of national or tribal patrimony, the director of the Arizona state museum, to the best of the director's ability, shall give notice of the discovery to: 1. All individuals who may have a direct kinship relationship to the human remains. 2. All groups that it is reasonable to believe may have a cultural or religious affinity to the remains or objects. 3. Appropriate members of the curatorial staff of the Arizona state museum. 4. Faculty members of the state universities who have a significant scholarly interest in the remains or objects. 5. The state historic preservation officer. C. American Indian tribal governments that wish to be notified pursuant to this section shall keep on file with the director lists of the cultural groups and geographical area with which they claim affinity. D. If American Indian human remains, funerary objects, sacred ceremonial objects or objects of cultural patrimony are involved, the director, in addition to giving notice as required in subsection B of this section, shall give notice to the tribes that occupy or have occupied the land on which the discovery is made and to the governor's office on tribal relations and the intertribal council of Arizona. E. The director shall respond to every report of a discovery in a timely fashion and within six months after being notified of the discovery, the director shall convene a meeting of notified persons and representatives of notified groups to discuss the most appropriate disposition of the discovered materials. At this meeting, the director shall encourage agreement among all participants regarding the most appropriate disposition and treatment of the materials. An agreement may include a decision to curate or rebury materials subject to conditions or limitations, a decision to engage in scientific analysis before repatriation or reburial or any other appropriate disposition. If an agreement is reached, it shall determine the disposition and treatment of the materials and the director shall oversee its implementation. F. If no agreement is reached within six months after the meeting required by subsection E of this section, the human remains or funerary objects shall be disposed and treated in accordance with the wishes of the nearest relative with a direct kinship relationship, or with the wishes of the governing body of the group with cultural or religious affinity to the remains or objects if no relative exists. If sacred ceremonial objects or objects of national or tribal patrimony are concerned, disposition and treatment shall be in accordance with the wishes of the governing body of the group with cultural or religious affinity to the objects. The authority to determine the disposition and treatment of remains or objects pursuant to this subsection shall not be exercised in a manner that would prevent timely completion of a construction project or other project. G. If there is no person with a direct kinship relationship or a group with a cultural or religious affinity to human remains or funerary objects and the remains have no scientific value, the remains or funerary objects shall remain undisturbed. If it is necessary to move them in order to permit completion of a construction or similar project, the remains or funerary objects shall be reburied under the supervision of the director in a place as similar and close as possible to their original burial site. If the remains or funerary objects have scientific value, they may be curated by the Arizona state museum or other authorized repository for a period of one year, after which they shall be reinterred. If remains of American Indians are involved, reburial pursuant to this subsection shall be undertaken with the cooperation of the Indian tribe located nearest to the place where the remains were discovered. Reburial, with that tribe's consent, may take place on that tribe's reservation. The one-year period for scientific curation may be extended with that tribe's consent. If there is no group with a cultural or religious affinity to sacred ceremonial objects or objects of national or tribal patrimony, the director shall decide on the most appropriate disposition and treatment. Where American Indian materials are involved, the determination shall be made in consultation with appropriate tribal representatives. H. A repository charged with the care or custody of human remains, funerary objects, sacred ceremonial objects or objects of national or tribal patrimony pursuant to this section shall maintain them with appropriate dignity and respect and with consideration for the specific applicable cultural or religious traditions applicable to the remains or objects. When materials are returned to relatives or affiliated groups, the relatives or groups shall accept and undertake responsibility for the protection and security of the materials. I. The expense of any curation or reburial pursuant to this section that is required as the result of a construction project or similar project shall be borne by that project. Reburials made in order to satisfy the wishes of a relative or affinal group shall be by and at the expense of the relative or group. J. If a person believes that the provisions of this section have not been properly applied the person shall give written notice of this claim to all other parties entitled to notice under subsections B and C of this section. The parties shall meet within fifteen days after receiving the notice and attempt to agree on the designation of a third party to assist in the resolution of the dispute. If the parties cannot agree within fifteen days on a third party, the state historic preservation officer shall serve in that capacity. The adverse parties shall attempt to reach a resolution with the assistance of the third party. If a resolution cannot be reached within ninety days after the designation of the third party, the third party shall resolve the dispute. Either party may appeal a decision within thirty days to the superior court in the county in which the subject of the dispute is located. K. If a written request for the reburial or repatriation of human remains, funerary objects, sacred ceremonial objects or objects of national or tribal patrimony in the possession and ownership or control of an agency of this state, as of September 27, 1990, is made by the government of an American Indian tribe, the requirements of this section apply as if the remains or objects had been discovered after September 27, 1990. L. Whenever two or more groups or tribes have affinity to the same human remains, funerary object, sacred ceremonial object or object of national or tribal patrimony and they do not agree on the disposition or treatment of such remains or object, the question of which group or tribe shall be deemed to have affinity shall be resolved pursuant to subsection J of this section. In making the determination, consideration shall be given to all the relevant evidence of affinity. M. For the purposes of this section: 1. "Funerary object" means an object discovered in proximity to human remains and intentionally buried or interred with the remains. 2. "Group with a cultural or religious affinity" means any of the following: (a) In the case of human remains or funerary objects, any tribe that has submitted a written claim of affinity pursuant to subsection C of this section or any other group or tribe that has cultural affinity in light of all the relevant evidence. (b) In the case of a sacred ceremonial object, a group whose religious observances traditionally have utilized such object. (c) In the case of an object of national or tribal patrimony, a group whose past or present government or traditional cultural organization was or is associated with the object. 3. "Group" includes American Indian tribes. 4. "Human remains" means any remains of a human being who died more than fifty years before the remains are discovered. 5. "Objects of national or tribal patrimony" means inalienable items of historical or cultural significance to tribal groups. 6. "Sacred ceremonial object" means an object traditionally utilized in religious observances. 7. "Tribe" means any federally recognized tribal government. 41-845. Unlawful reproduction of original archaeological specimen No person shall reproduce, retouch, rework or forge any archaeological, paleontological or historical object, deriving its principal value from its antiquity, or make any object, whether copied or not, or falsely label, describe, identify or offer for sale or exchange any object, with intent to represent the same to be an original and genuine archaeological, paleontological or historical specimen, nor shall any person offer for sale or exchange any object with knowledge that it has previously been collected or excavated in violation of any of the terms of this article. 41-846. Violation; classification Except as otherwise provided in section 13-3702.01, any person, institution or corporation violating any provision of this article is guilty of a class 2 misdemeanor and shall forfeit to the Arizona state museum all articles and material discovered, collected, excavated or offered for sale or exchange, together with all photographs and records relating to such objects. 41-851. State colors; state flag A. Blue and old gold shall be the colors of the state. The blue shall be the same shade as that of the flag of the United States. B. The flag of the state shall be of the following design: The lower half of the flag a blue field and the upper half divided into thirteen equal segments or rays which shall start at the center on the lower line and continue to the edges of the flag, colored alternately light yellow and red, consisting of six yellow and seven red rays. In the center of the flag, superimposed, there shall be a copper-colored five pointed star, so placed that the upper points shall be one foot from the top of the flag and the lower points one foot from the bottom of the flag. The red and blue shall be the same shade as the colors in the flag of the United States. The flag shall have a four-foot hoist and a six-foot fly, with a two-foot star and the same proportions shall be observed for flags of other sizes. C. The flag represents the copper star of Arizona rising from a blue field in the face of a setting sun. 41-852. Display of state flag; death of incumbent elective state officer; display of United States flag and Constitution and the Bill of Rights A. The state flag shall be displayed alongside the flag of the United States on or in front of the state capitol building, and institutional and educational buildings of the state as the governor directs, on or in front of the courthouse of each county, and other institutional buildings of each county as the board of supervisors directs, and on or in front of the city or town hall of each incorporated city or town, and other municipally owned buildings as the governing body of the municipality directs. B. On the death of an incumbent elective state officer, each state flag displayed pursuant to subsection A shall be flown at half-staff for a period of seven days beginning on the day following the death of the officer. C. The flag of the United States shall be displayed in each hearing room in the state house of representatives and state senate in accordance with title 4 of the United States Code and a legible copy of the Constitution of the United States and the Bill of Rights shall be displayed adjacent to the flag. 41-853. State fossil Petrified wood, or araucarioxylon arizonicum, is the official state fossil. 41-854. State bird The cactus wren, otherwise known as Coues' cactus wren or heleodytes brunneicapillus couesi (Sharpe) shall be the state bird. 41-855. State flower The pure white waxy flower of the cereus giganteus (giant cactus) or Saguaro shall be the state flower. 41-856. State tree The Palo Verde (genera cercidium) shall be the state tree. 41-857. State neckwear The Bola tie shall be the official state neckwear. 41-858. State gemstone Turquoise is the official state gemstone. 41-859. State animals The ringtail or bassariscus astutus, the Arizona ridgenose rattlesnake or crotalus willardi, the Arizona trout or salmo apache and the Arizona tree frog or hyla eximia shall be known respectively as the state mammal, reptile, fish and amphibian. 41-860. State butterfly A. The papilionidae papilio multicaudata, two-tailed swallowtail is the official state butterfly. B. Designation of the state butterfly pursuant to this section shall not constitute grounds for protection of the butterfly or its habitat. 41-860.01. State nickname "The Grand Canyon state" is the official state nickname. 41-860.02. State firearm The colt single action army revolver is the official state firearm. 41-860.03. State metal Copper is the official state metal. 41-860.04. State mineral Wulfenite is the official state mineral. 41-860.05. State dinosaur Sonorasaurus is the official state dinosaur. 41-860.06. State drink Lemonade is the official state drink. 41-860.07. Sierra Vista; hummingbird capital Sierra Vista is the official hummingbird capital of this state. 41-860.08. State planet Pluto is the official state planet.