Enacts the "unmarked burial site protection act", to regulate the discovery of burial grounds, human remains and funerary objects

Summary of provisions

Adds a new section 1518 to the not-for-profit corporation law regarding discovery and disposition of human remains and funerary objects at unmarked burial sites. The new section includes the following provisions:

o A Native American burial site review committee is established, consisting of members appointed by each of the Indian tribes in the state, state archaeologist, and one member appointed by the Commissioner of Parks, Recreation and Historic Preservation.

o Discovery of unmarked burial sites is required to be immediately reported to the county coroner or medical examiner, who in turn notifies the state archaeologist.

o The state archaeologist determines whether the remains may be of Native American origin and reports these findings to the burial site review committee. If they agree that the remains are of such origin, the committee determines affiliation and notifies the affiliated group or descendants. Otherwise, such determination and notice are made by the state archaeologist.

o Stewardship of the remains is with the committee until affiliation or descendants are determined, whereupon ownership, responsibility and authority to determine disposition vests in the affiliated group or descendants.

o Burial sites, human remains and funerary objects are to be left undisturbed except as otherwise provided pursuant to this act.

o Penalties are provided for failure to report the discovery of a burial site, removal of remains or objects from a burial site, defacing or destroying a burial site, remains or funerary objects,

and possession with intent to sell or attempted sale of human remains or funerary objects.

o Violation of these provisions may be enjoined in an action brought by the Attorney General or an aggrieved party.

Section 235 of the Education Law is amended to add a state archaeologist to the State Science Service within the State Museum.

A new subdivision three is added to section 14.09 of the Parks, Recreation and Historic Preservation Law to require the preservation officer of any state agency undertaking or financing a project to determine whether the project may disturb a burial site and if so, to consult with the burial site review committee to determine how to avoid such disturbances.

Justification

Numerous unmarked burial sites in the state are in danger of being damaged or destroyed because of a lack of adequate protection under current law. Such sites are sacred to the groups with which they are culturally affiliated and the lineal descendants of the dead.

New York is one of the only four states in the nation without statutory protection for Native American burial sites or unmarked burial sites in general. There have been several known incidents of negligent or deliberate failure to protect sites, which were disturbed by development activity, as well as looting. This legislation is necessary to prevent additional destruction of these sites, which are of great historical and cultural significance to all the people of the state.

Legislative history

2009-10: S.1620 2007-08: S.5713 2005-06: S.3224A

Fiscal implications

Additional resources may be needed for performance of the State Archaeologist.

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become a law.