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Mississippi Indian Burial Laws

Citation: Antiquities Law (Mississippi Code Ann. §39-5-1-27, et seq.).

Date Enacted: 1972, amended 1986

Summary: Mississippi does not have specific unmarked burial provisions but depends on its broad based antiquities laws. This statute preserves and protects sites, objects, buildings, shipwrecks, and locations of historic, archaeological and architectural significance in, on or under state lands. This includes prehistoric and historic American Indian or aboriginal campsites, dwellings, and habitation sites. The statutes further makes it illegal to deface any American Indian or aboriginal sites includes burial mounds. The Department of Archives and History is responsible for implementing the law and issuing excavation permits.

Jurisdiction: All state and other municipality lands and waters in Mississippi.
Statute of Limitations: Not specified.
Areas Covered Under Act: All archaeological sites including American Indian burial mounds and other sites.
Ownership: State.
Review/Consultation Committee: Not specified.
Liable: Anyone who violates provision of the Act without permit.
Penalties: Misdemeanor penalties with fines ranging from $500 to $5,000 and jail terms of 30 days. The state offers rewards of $500 for information leading to arrest and conviction.
Exemptions: None.
Permitting: The Department of Archives and History issues general archaeological permits.

Nevada Indian Burial Laws

Citation: Protection of Indian Burial Sites (Nev. Rev. Stat. Ann. §383.160).

Date Enacted: 1989, amended 1993

Summary: This law covers human remains and artifacts located on private and state lands which date from the mid-18th century. Any person who inadvertently disturbs the cairn or grave of a native Indian that has not been previously reported to the Historic Preservation Division (HPD) must report the discovery and location of the site to the Division. The HPD then consults with the Nevada Indian Commission and notifies the appropriate tribe. Tribes may inspect the site with permission and make recommendations on disposition of human remains and artifacts. If the Indian burial site is on private land and the tribe fails to make a recommendation within 48 hours or the landowner rejects the recommendation and mediation fails, the landowner will, at his expense, reinter the artifacts and remains. If the Indian burial is on public land, archaeological excavation and analysis may take place under the supervision of the tribe. All human remains and artifacts must be reinterred under the supervision of the Indian tribe, unless the tribe explicitly consents to public display of a particular artifact. Anyone who willfully removes, mutilates, defaces, injures or destroys a cairn or grave is guilty of a misdemeanor and shall be punished by a fine of $500 for the first offense, or by a fine of not more that $3,000 for a second or subsequent offense, and may be further punished by not more than a years imprisonment. Anyone who possesses, publicly displays or sells artifacts or human remains from a cairn or grave of a Native Indian shall be punished by a fine of $1,000 for the first offense, or by a fine of not less than $5,000 nor more than $10,000 for a second or subsequent offense, and may be further punished by imprisonment in the state prison for not less than 1, but no more than 5 years. In addition to the imposition of any criminal penalty, an Indian tribe or an enrolled member of an Indian tribe may bring a civil action to secure an injunction, damages, and other appropriate relief against a person who fails to follow this law.

Jurisdiction: Private and state lands in Nevada.
Statute of Limitations: Action must be brought within two years after the discovery. Areas Covered Under Act: Human remains and artifacts on which date from the mid-18th century.
Ownership: Not specified.
Review/Consultation Committee: Upon discovery the Historic Preservation Division is notified which contacts the Nevada Indian Commission and appropriate tribe.
Liable: Anyone who willfully removes, mutilates, defaces, injures, destroys a cairn or grave; possesses, publicly displays or sells artifacts or human remains from a cairn or grave of a Native Indian is liable.
Penalties: Willfully removing, mutilating, etc. a cairn or grave is guilty of a misdemeanor with fines of $500 for the first offense and up to $3,000 for a second or subsequent offense, and prison of not more than a year. Possession, display or sale of artifacts or human remains from a cairn or grave carries a fine of $1,000 for the first offense, and not less than $5,000 or more than $10,000 for a second or subsequent offense, and prison of not less than one year, or more than five years. An Indian tribe or an enrolled member of an Indian tribe may bring a civil action to secure an injunction, damages, and other appropriate relief against a person who fails to follow this law.
Exemptions:
Possession or sale of an artifact prior to October 1, 1989; discovered in or taken from a location other than a grave or cairn; removed from grave or cairn of a Native Indian by other than human action; or action taken by a peace officer in performance of his duties.
Permitting: The Nevada State Historic Preservation Office issues permits.

New Jersey Indian Burial Laws

Citation: New Jersey Register of Historic Places Act (West’s NJ Stat. Ann. §13:1b-15.128, et seq.).

Date Enacted: 1970

Summary: New Jersey has not enacted specific unmarked human remains protection legislation. The state’s historic preservation authorities are found in different parts of the Code. The state is more specific regarding protection of submerged vessels and permits required for archaeological and historical excavation. Authority is placed with the State Historic Preservation Office. No reference is made to consultation with Native American groups or other ethnic entities. Penalties are referenced under general theft of state resources.

Jurisdiction: Not specified.
Statute of Limitations: Not specified.
Areas Covered Under Act: Not specified.
Review/Consultation Committee: Not specified.
Liable: Not specified.
Penalties: Not specified.
Exemptions: Not specified.
Permitting: Not specified.

New York Indian Burial Laws

Citation: Indians (McKinney’s Consolidated Laws of NY Book 25, §12-a); Education (McKinney’s Consolidated Laws of NY Book 16, §233.3; 234); Parks, Recreation and Historic Preservation (McKinney’s Consolidated Laws of NY Book 37B, §11.03; §19.01.12-a).

Date Enacted: Indians provisions derived from 1892 law; Historic Preservation provisions 1972, amended 1980; Permits and Collections Provisions 1947, amended 1958; Historic Sites provisions 1972

Summary: The Indians section of the statute authorizes the Office of Parks, Recreation and Historic Preservation to designate any Indian cemetery or burial ground as a place of historic interest. No one may destroy, alter, convert, or impair a cemetery or burial ground or any artifact found in one without the permission of the Office of Parks, Recreation and Historic Preservation. New York’s preservation program is a cooperative endeavor between all state agencies and municipalities many of which have created their own local ordinances. Permits are required for archaeological or historic projects on state lands. Violations of the preservation provisions is a misdemeanor.

Jurisdiction: Sites or burials on state lands.
Statute of Limitations: Not specified.
Areas Covered Under Act: Indian cemeteries and burial grounds on state lands.
Review/Consultation Committee: Consultation is required with Native Americans.
Liable: Anyone who violates the law and removes human remains or artifacts without a permit.
Penalties: Violations are a Class A misdemeanor with jail terms from 16 days to one year and fines up to $10,000.
Exemptions: Not specified.
Permitting: Excavation permits issued through the Office of Parks, Recreation and Historic Preservation.

Paleo Dalton or Quad KY

April 30, 2010 Leave a comment
Added Date: Jan 28, 2010 @ 6:10pm
Price: $300.00 Status: Sold
Amazing Paleo flaking on this point. Personal find from Lincoln County kentucky

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