New York State Unmarked Burial Site Protection Act

What is it?

  • A law to protect all unmarked burial sites in New York State.
  • Establishes a process to follow when unmarked graves are found.
  • Establishes a Native American Burial Site Review Committee to make decisions about indigenous burial sites.
  • Establishes a process for the disposition of non-Native American burial sites.
  • Establishes penalties for intentionally disturbing or removing human remains and funerary objects from unmarked burial sites.

What to Do When Human Remains Are Found?

IMMEDIATELY

  • STOP ALL ACTIVITY THAT COULD DISTURB THE SITE AND CALL 911.
  • The coroner or medical examiner will examine the human remains and determine if they are more than 50 years old.

WITHIN 4 DAYS

  • If the coronor determines the remains are more than 50 years old, notify the State Archaeologist: (518) 474-5812 or send information using this Reporting Form (PDF) to unmarkedburial@nysed.gov 
  • The State Archaeologist will inform the Native American Burial Site Review Committee. 

WITHIN 10 DAYS

  • The State Archaeologist will evaluate the discovery and issue a report to the Committee and property owner (an additional 10 days may be allowed if there are multiple remains).

NEXT STEPS

Once cultural affiliation has been established, follow one of the timelines listed below:

  • If the Burial Site Is NOT Native American:

    AS SOON AS PRACTICABLE

    The State Archaeologist will attempt to identify lineal descendants or culturally-affiliated groups and provide notification.

    WITHIN 10 DAYS

    Lineal descendants or culturally-affiliated groups will advise the State Archaeologist of the preferred disposition of remains and objects which may include protection of the burial site.

    The State Archaeologist will consult with the property owner to facilitate the preferred disposition determined by the lineal descendants or culturally-affiliated groups.

    WITHIN 10 DAYS OF REPORT

    Property owner will notify the State Archaeologist of the preferred disposition, i.e., to protect the burial site or remove the remains and objects.

    If the lineal descendants or culturally-affiliated groups and the property owner agree about disposition, a plan will be developed for protection of the burial site or removal of the remains.

    If the lineal descendants or culturally-affiliated groups prefer protection but the property owner prefers removal, the State Archaeologist will establish a plan for removal. Additional consultation or mediation may also occur.

    WITHING 90 DAYS

    If no action has occurred, the property owner may hire an archaeologist/bioarchaeologist to remove the remains in a respectful manner. The removal may be monitored by the culturally-affiliated group.

  • If the Burial site IS Native American:

    WITHIN 10 DAYS

    The Committee will have stewardship of the human remains and funerary objects and will notify lineal descendants or culturally-affiliated groups.

    WITHIN 60 DAYS

    Lineal descendants or culturally-affiliated groups will advise the Committee in writing of the preferred disposition. The Committee will consult with the property owner to facilitate the preferred disposition as determined by the lineal descendants or culturally-affiliated groups. If the lineal descendants or culturally-affiliated groups and the property owner agree about disposition, a plan will be developed for protection of the burial site or removal of the remains. If the lineal descendants or culturally-affiliated groups prefer protection but the property owner prefers removal, the Committee will establish a plan for removal. Additional consultation or mediation may also occur.

    WITH 90 DAYS

    If no action has occurred, the property owner may hire an archaeologist/bioarchaeologist to remove the remains. The removal may be monitored by the culturally-affiliated group.

PENALTIES

  1. Failure to report the discovery of a burial site of human remains or funerary objects is a misdemeanor.
     
  2. Intentional defacing or desecration of human remains or funerary objects is a felony.
Seals of the New York State Senate and Assembly

Link to the Unmarked Burial Site Protection Act

SECTION 171
Discovery and disposition of human remains and funerary objects
Executive (EXC) CHAPTER 18, ARTICLE 7
https://www.nysenate.gov/legislation/laws/EXC/171