The Natural Resources Conservation Service (NRCS), formerly the Soil Conservation Service, is a federal agency that provides technical assistance on practices to promote sound soil and water conservation measures on private lands. Some of these practices have effects on cultural resources which are dealt with under agency policy or federal or state statutes.

In response to increasing concerns over the looting of cultural resources, including sites containing human remains, many states have enacted legislation to protect unmarked burial sites. These state laws often require special treatment of burial sites and associated resources and may carry penalties for failure to comply. This report is a compilation and comparative analysis of all existing state cultural resource reburial/repatriation laws. It was prepared to assist NRCS technical staff who work daily under applicable state and federal laws. This report originally was prepared for the Natural Resources Conservation Service under order number 40-3A75-1-638 by CEHP Incorporated, Washington, D.C. in 1993. The principle authors were Kathleen Schamel, Jill Schaefer and Loretta Neumann. Since its original printing, many states that did not have burial protection laws have enacted them. Other laws have been amended. NRCS contracted with CEHP Incorporated to review the original report and update it.

This year, 38 state laws specifically addressing reburial of human skeletal remains, repatriation of human skeletal remains and grave goods and/or unmarked grave protection statutes were examined. This includes six new laws enacted since our first report. Each law was analyzed and a detailed summary of the major provisions was prepared. The categories of information include the following:

(1) who has jurisdiction for implementing the law; (2) statute of limitation in which a violator can be prosecuted; (3) types of geographical areas protected or exempted, such as mounds or designated cemeteries; (4) whether a consultation process was established; (5) if a review or consultation committee was appointed; (6) who has ultimate ownership for archaeological remains; (7) who may be held liable for prosecution for violations of the law; (8) what penalties are established; (9) whether there are exemptions to the law; and (10) if permits are required and who is responsible for issue them.

The terms "reburial" and "repatriation" mean very different things. In this report reburial means the legal requirement or physical act of placing or interring human remains in a designated area such as a cemetery. Repatriation means the legal process of turning ownership and responsibility for human remains and graves goods over to another entity. In addition, in this report, the term "graves protection" means legal statutes established to prevent the damage, destruction or disturbance of places where dead human bodies have been placed.

In addition to understanding the individual state laws, federal agency representatives should be familiar with the Native American Graves Protection and Repatriation Act (NAGPRA), P.L. 101-601, and its implementing regulations. This is the primary federal legislation pertaining to graves and human remains in archaeological contexts.

NAGPRA deals with three broad areas -- definitions, inventory of collections and archaeological excavations. It covers human remains, funerary objects, sacred objects, and materials of cultural patrimony. A process is established which will assist federal agencies and museums in determining the appropriate Native American group responsible for disposition of various human remains, funerary objects, sacred objects, and materials of cultural patrimony. Unclaimed Native American cultural items will be handled by regulations developed by the Secretary of the Interior in consultation with a review committee.

Every federal agency and museum that has possession or control of Native American human remains and associated funerary objects is required to prepare an inventory of such items and if possible, to identify the geographical and cultural affiliation. The inventories were to be completed within 5 years of enactment, November 1995. Consultation with tribal government and Hawaiian organization officials and traditional religious leaders is required. Upon request from a tribe or Native Hawaiian group, a museum or federal agency will provide documentation and repatriate materials if appropriate. A seven member review committee was established to assist in the implementation of the Act. The Act also provides for grants to be available for tribes and museums in order to implement the Act.

Native American human remains, graves and objects located on federal and tribal land are encouraged to be protected in situ. In cases where in place preservation is not possible, or if archaeological excavation is necessary for planning or research, or if the remains are inadvertently discovered, then consultation is necessary prior to excavation under an Archaeological Resources Protection Act permit. If remains covered by the law are discovered, the project will be stopped for 30 days while the review and consultation process proceeds.

Each federal and sate employee is urged to review individual agency policy and be familiar with NAGPRA provisions. Information on NRCS’s cultural resources policies is available in GM 420, Part 401 (policies) and GM 420, Part 601 (procedures). Additional information is available from the Federal Preservation Officer in the National Headquarters (202) 720-4912. The National Park Service's Archeology and Ethnography Division has been delegated the responsibility of implementing NAGPRA. For information on implementing NAGPRA or its regulations, contact Dr. C. Timothy McKeown, National Park Service, P.O. Box 37127, Washington DC 20013-7217 (202) 343-4101.

ALABAMA

Citation: Aboriginal Mounds, Earthworks and Other Antiquities (Alabama Code §41-3-1 to §41-3-6); Alabama Cemetery and Human Remains Protection Act (93-905); Burials (Alabama Historical Commission Chapter 460-x-10).

Date Enacted: 1915, amended 1993

Summary: The Aboriginal Mounds, Earthworks and Other Antiquities Act claims state ownership of all antiquities in the state including mounds, prehistoric burials; prehistoric and historic forts and earthworks; and the materials contained within these resources. Non-state residents are prohibited from excavating these resources although private land owners may allow a non-resident to excavate mounds and burials on private lands so long as the artifacts remain in the state. Further, the law specifically states that excavation should not damage crops or houses on private lands. Alabama places responsibility for implementing its preservation laws in the Alabama Historical Commission (AHC), which is responsible for the issuing of permits for the excavation, relocation, and/or restoration of cemeteries and human remains. All permits are issued by the Director of the AHC after consultation and coordination between interested or concerned parties including, where appropriate, the Indian Affairs Commission and other groups representing significant cultural or ethnic affiliations. If burials to be disturbed for any reason have been interred for 75 years or longer, or the date of interment is undetermined, the permittee shall consult with the AHC. Any person who knows of the discovery of human remains and/or funerary objects on state or private land ceases any and all land-disturbing activity and notifies the AHC immediately. Any person who willfully or maliciously desecrates an American Indian place of burial or funerary objects on property not owned by that person, or injures, defaces, removes or destroys any tomb, monument or container of human remains, and invades or mutilates the human corpse or remains is guilty of a Class C felony.

Jurisdiction: All state and private lands.
Statute of Limitations: Not specified.
Areas Covered Under Act: Human remains and funerary objects.
Ownership: State ownership of all antiquities on state lands.
Review/Consultation Committee: Alabama Historical Commission consults with the Indian Affairs Commission.
Liable: Anyone who illegally disturbs human burial sites.
Penalties: Violations of burial law is a class C felony; violations of archaeological sites is a misdemeanor with fines up to $1000, or up to one year in jail, or both.
Exemptions: Not specified.
Permitting: The Alabama Historical Commission issues excavation permits.

ALASKA

Citation: Alaska Historic Preservation Act (Alaska Stat. §41.35.010 through §41.35.240).

Dates Enacted : 1971, amended 1988 and 1993

Summary: Alaska has no specific laws dealing with reburial or repatriation of prehistoric human remains or an unmarked graves law, §41.35.190(c) of the Alaska Historic Preservation Act does state that "No person may unlawfully destroy, mutilate, deface, injure, remove or excavate a gravesite or a tomb, monument, gravestone or other structure or object at a gravesite, even though the gravesite appears to be abandoned, lost or neglected." Native Alaskan consent is required for excavation of native sites and landowner consent is required for excavation on private lands. The Alaska Historical Commission has responsibility for managing and protecting all prehistoric and historic sites in the state and issues permits for excavations. Nothing may diminish cultural rights or responsibilities of persons of aboriginal decent or infringe upon their right of possession, and use of those resources and local cultural groups may obtain from the state resources of respective cultural if meet certain criteria. Violations of the Historic Preservation Act provisions are considered a class A misdemeanor and civil penalties may be assessed up to $100,000 per violation and up to one year in jail.

Jurisdiction: All state lands.
Statute of Limitations: Not specified.
Areas Covered Under Act: All structures, ruins, sites, buildings, graves, artifacts or other objects of antiquities.
Ownership: State owns all archaeological sites and resources on state lands. Review/Consultation Committee: The Historic Sites Advisory Committee includes 2 persons representing ethnic groups indigenous to Alaska.
Liable: Anyone who excavates without a permit or anyone who removes, injures, destroys, any historic, prehistoric or archaeological resources of the state.
Penalties: Violations are considered a Class A misdemeanor with fines up to $5,000 and up to one year in jail. Civil penalties may be assessed up to $100,000. Exemptions: Nothing may diminish cultural rights or responsibilities of persons of aboriginal decent or infringe upon their right of possession, and use of those resources and local cultural groups may obtain from the state resources of respective cultural if meet certain criteria. Permitting: The Alaska Historic Commission issues permits for archaeological and historical site excavation.

ARIZONA

Citation: Discovery of Human Remains, Sacred Ceremonial Object, Object of National and Tribal Patrimony (Arizona Rev. Stat. §41-844); Disturbing Human Remains or Funerary Objects on Lands Other Than State Lands (Arizona Rev. Stat. §41-865).

Date Enacted: 1990

Summary: In 1990, Arizona passed two laws specifically dealing with the protection of human burials and associated grave goods on state and private lands. The Discovery of Human Remains, Sacred Ceremonial Object, Object of National and Tribal Patrimony Act addresses protection of sacred and ceremonial objects on state lands or in the possession of the state. Under this statute, upon discovery of human remains over 50 years old, the project supervisor has three days to notify the Arizona State Museum. The preferred option is to leave the remains undisturbed. If the remains must be excavated, the State Museum has six months for study and to convene a meeting to determine disposition. Reburial is required of human remains and associated objects from state lands. Objects that are scientifically important may be retained for study for up to one year. For sacred or ceremonial objects, the tribe's decision will be respected. The project supervisor responsible for the discovery is obligated to pay repatriation and reburial costs. A process is established for dispute resolution under which native groups may petition for return of artifacts of importance held by state institutions.

The second statute, Disturbing Human Remains or Funerary Objects on Lands Other Than State Lands, requires the landowner to notify the Arizona State Museum of the discovery of human remains or of the intent to disturb a known burial site. The museum will encourage the landowner to protect the site from further disturbance but if this is not possible, the museum and landowner will attempt to reach agreement for recovery of the remains. If no agreement can be reached, the landowner must allow at least 10 days for the museum to notify the appropriate tribal groups. For remains removed from private lands, the museum has six months to notify native groups and researchers. If no claims are made, the museum will rebury the remains within one year or store them for later repatriation. The landowner is encouraged to assist in paying for excavation and reburial of material from private lands, but is not required to do so. In these cases, the museum will pay. The law further prohibits the sale of human remains or associated grave goods.

Jurisdiction: State lands, private lands and collections held in state institutions.
Statute of Limitations: Not specified.
Areas Covered Under Act: All human burials at least 50 years old and associated grave goods located on state or private lands and sacred objects held in state institutions.
Ownership: For state lands, the project supervisor is responsible for remains until disposition. For remains on private lands, the museum is responsible for excavation and reburial.
Review/Consultation Committee: Consultation is done a case by case basis.
Liable: Anyone who violates provisions of the law.
Penalties: Unauthorized excavation of sites is a felony with up to 5 years in jail and fines of up to $150,000; Misdemeanor penalties include fines of $2,500 and up to six months in jail.
Exemptions: Not specified.
Permitting: Permits are required for excavation of archaeological, historic, and paleontological resources, including burials, on state lands. Permits are issued by the Director of the Arizona State Museum.

ARKANSAS

Citation: Archaeological Resources (Arkansas Stat. Ann. §13-6-201 through §13-6-216 and §13-6-401 through §13-6-409).

Date Enacted: 1991

Summary: The state law prohibits the desecration of human remains and associated artifacts in unmarked, unrecorded, abandoned or unregistered graves, burial grounds or cemeteries found on public or private land or water. It also prohibits trade or commercial display of remains or associated burial furniture. Anyone who knowingly or intentionally buys, sells, displays or desecrates burial remains is committing a Class A misdemeanor on the first offense and Class D felony on the second offense. Legally acquired artifacts and private collections are exempted for these provisions. When justified by "A State Plan for the Conservation of Archaeological Resources in Arkansas," the investigation, excavation, removal and analysis of human skeletal remains and burial furniture is permitted. If the remains are on private land, the landowner must consent prior to excavation.

Upon discovery of human remains the archaeologist must notify the SHPO, who assists in determining appropriate tribes to include in the consultation process. Scientific studies are permitted only after consultation. If a tribal group recognized by the U.S. Government is determined to be directly related to the uncovered remains, the remains will be returned upon request. If no direct relation is identified, the Arkansas Archaeological Survey or state supported museum may serve as a repository for the skeletal remains for scientific research, the remains will be disposed of in accordance with existing laws, rules, and regulations for disposing of human remains.

Jurisdiction: All public and private land or water.
Statute of Limitations: Not specified.
Areas Covered Under Act: All human remains and burial furniture.
Ownership: Remains are to be returned to the appropriate tribe or church, or the Arkansas Archaeological Survey or a state supported museum will assume charge.
Review/Consultation Committee: No review committee is established, but the SHPO must assist in identifying appropriate tribal groups for consultation.
Liable: Anyone who knowingly or intentionally buys, sells, displays or desecrates burial remains.
Penalties: First offends of buying or selling human remains or intentionally desecrates a burial ground are a Class A misdemeanor; all second offenses are a Class D felony. Displaying human remains for profit or aiding a commercial enterprise is a Class B misdemeanor, with each day of display a separate offense.
Exemptions: Legally acquired artifacts in private collections are exempt. Agricultural activities are exempt.
Permitting: The Arkansas Archaeological Survey issues permits to excavate.

CALIFORNIA

Citation: California Native American Historical, Cultural and Sacred Sites Act (California Public Resource Code, §5097.9); Archaeological, Paleontological and Historic Sites (California Public Resource Code, §5097, et seq.); Health and Safety (California Public Resource Code, §7050.5)

Date Enacted: 1976; amended 1982

Summary: The California Native American Historical, Cultural and Sacred Sites Act applies to both state and private lands. Upon discovery of human remains, the activity ceases and the county coroner is notified. If the remains are of a Native American, the coroner notifies the Native American Heritage Commission (NAHC). NAHC then notifies those persons mostly likely to be descended from the Native American remains. The descendants may, with the permission of private landowners, inspect the site and recommend to the owner or the person responsible for the excavation means for treating or disposing of the remains and associated grave goods. The descendants must complete their inspection and make recommendations within 24 hours of their notification by the NAHC. The recommendation may include scientific removal and non-destructive analysis. When the NAHC is unable to identify a descendant or the identified descendant fails to make a recommendation, or the landowner objects to the descendants' recommendations and mediation was unsuccessful, the landowner shall reinter the human remains and associated items with appropriate dignity. The Commission is directed to prepare an inventory of Native American sacred places on public lands. It is illegal for anyone to knowingly or willfully possess or obtain any Native American artifacts or human remains from a Native American grave or cairn after January 1, 1988. Any person who removes, without authority of law, Native American artifacts or human remains from a Native American grave or cairn with the intent to sell or dissect is guilty of a felony punishable by imprisonment in the state prison.

Jurisdiction: Human remains and grave goods found on state and private lands.
Statute of Limitations: Not specified.
Areas Covered Under Act: All burials and associated remains located on state and private lands.
Ownership: Not specified.
Review/Consultation Committee: The Native American Heritage Commission must be notified.
Liable: Anyone who knowingly or willfully possess or obtain any Native American artifacts or human remains which were taken from a Native American grave or cairn after January 1, 1988 except as otherwise provided by law.
Penalties: It is a felony for any person to remove, without authority of law, any Native American artifact or human remains is liable. Fines of up to $10,000 may be assessed.
Exemptions: Not specified.
Permitting: Permission is required for archaeological excavation on public lands by the agency with jurisdiction.

COLORADO

Citation: Historical, Prehistorical and Archaeological Resources (Colorado Rev. Stat. §24-80-401, et seq.).

Date Enacted: Repealed and reenacted in 1973, amended 1990, 1991, 1995.

Summary: Section 13 of the Historical, Prehistorical and Archaeological Resources Act establishes a procedure with regard to unmarked human graves. Upon discovery of human remains, the coroner and sheriff, police chief or land managing official are notified and have 48 hours to determine if forensic study is necessary. If not, the coroner contacts the state archaeologist who determines if the remains are over 100 years old and if they are Native American. The Indian Commission is notified if the remains are Native American. Excavation of remains takes place unless all parties agree unanimously to leave them in situ. The State Archaeologist has 10 days to complete the excavation and assumes custody of the remains. Analysis is allowed for up to one year. The State Archaeologist consults with the Indian Commission on reinterment and pays for the disinterment and analysis of remains from state lands and of remains from private lands, if no one else is willing. If human remains are discovered during an anthropological investigation, the archaeologist will determine the age and, if possible, cultural affiliation. If the remains are less than 100 years old, the coroner is notified; if the remains are over 100 years old, the State Archaeologists is notified. Anyone who knowingly disturbs an unmarked human burial commits a Class 1 misdemeanor; any person who has knowledge that an unmarked human burial is being unlawfully disturbed and fails to notify the local law enforcement official commits a Class 2 misdemeanor. Any person who discovers on any land suspected human skeletal remains or who knowingly disturbs such remains must immediately notify the coroner of the county wherein the remains are located and the sheriff, police chief, or land managing agency official.

Jurisdiction: Unmarked human graves on all state, local and private lands, including submerged lands.
Statute of Limitations: Not specified.
Areas Covered Under Act: All burials and associated remains located on state and private lands.
Ownership: State owns resources on state lands.
Review/Consultation Committee: Commission of Indian Affairs must be consulted.
Liable: Anyone, including an individual, corporation, or government entity, who knowingly disturbs or has knowledge of an unmarked grave being disturbed is in violation of this Act is liable.
Penalties: Disturbing an unmarked burial is a Class 1 misdemeanor; failure to report a disturbance of an unmarked human is a Class 2 misdemeanor. Prison terms from three months to two years and fines of $500 to $5,000 may be assessed.
Exemptions: Not specified.
Permitting: Permits are required for excavation on state lands and are issued by the State Historic Society.

CONNECTICUT

Citation: Implementing the Recommendations of the Task Force on Indian (Connecticut Public Act 89- 368, codified into Connecticut General Statutes §10-382 through §10-388, et seq.).

Date Enacted: 1989; codified 1993

Summary: All sites, objects and remains older than 50 years found on public and private land are covered by the statute. The Historical Commission is charged with identifying and inventorying sacred and archaeological sites and issuing permits for excavations on state lands and coordinates with the Native American Heritage Advisory Council (NAHAC). If the permit allows disturbance of a known burial, cemetery or sacred site, the NAHAC reviews the application. When human remains are discovered, the activity including construction, agriculture, archaeology or other actions, ceases and resumes with permission of the Medical Examiner and the State Archaeologist. The Chief Medical Examiner determines if the remains are the result of criminal action. If the remains are Native American or were buried of more than 50 years, the State Archaeologist is notified. The State Archaeologist consults with the Historical Commission, the NAHAC, the Commission of Environmental Protection and the landowner within 72 hours to determine if the remains can be preserved in situ. If in situ preservation is not possible, the State Archaeologist provides for removal and reburial or allows additional archaeological investigation and scientific analysis prior to reburial. Recovery of remains must be completed within five days of notification by the medical examiner unless land owner allows longer. The Commissioner of Environmental Protection has designated state lands for reburial and any human remains discovered after October 1, 1998 will be reburied. No person may sell, exchange, transport, receive or offer to sell any human remains or artifacts collected, excavate or otherwise removed from state lands. The law imposes fines up to $5,000 or twice the value of the artifacts and the cost of restoration of the site. Prison terms up to five years are also mandated.

DELAWARE

Citation: Archaeological Excavation (Delaware Code Ann. Title 7 §5403, et seq.)

Date Enacted: 1987

Summary: The law deals specifically with treatment of unmarked human burials and human skeletal remains located anywhere in the state except federal lands. Its intent is to protect unmarked human remains from construction, agriculture and other ground disturbing activities. A review committee is established. Upon discovery of any unmarked human remains including from agricultural practices, the activity ceases and the medical examiner is notified. If the medical examiner decides the remains are not from criminal action, they are referred to the State Archaeologist. If the remains are Native American, the review committee is notified within five days. Within 60 days of notification, a written plan for treatment and disposition of the remains must be completed: treatment of shall be determined by the next of kin or the committee. Native American remains will be reinterred within 90 days unless an extension is granted by the committee. Human remains located as a result of archaeological investigation are reported to the Director of the Division of Historical and Cultural Affairs. Reinterment cost will be paid by the next of kin. It is illegal to acquire, sell or exhibit any human remains. Fines of not less than $1,000 or more that $10,000 and prison for up to two years or both will result if the law is violated.

DISTRICT OF COLUMBIA

Citation: Historic Landmarks (DC Code Ann.§5-1003 through §5-1010).

Date Enacted: 1978

Summary: The District of Columbia does not have specific archaeological or unmarked burial protection legislation but rather relies on all applicable federal laws to protect historic resources. Several local preservation statutes deal with protecting historic structures and establishing an preservation agency.

FLORIDA

Citation: Offenses Concerning Dead Bodies and Graves (Florida Stat. Ann. §872.02 and §872.05); Historic Sites and Properties (Florida Stat. Ann. §266.001, et seq.).

Date Enacted: Amended 1984; Effective 1987; revised 1991, 1993

GEORGIA

Citation: Protection of American Indian Human Remains and Burial Objects (Georgia Code Ann. §44- 12-260, et seq.); Historic Preservation Act (Official Code of Georgia Ann. §12-3-53 through §12-3-82; §31-21-6); Dead Bodies (Georgia Code Ann. §31-21-5-6, 45); Abandoned Cemeteries and Burial Grounds (Georgia Code Ann. §36-72-16); Research References (Georgia Code Ann. §12-3-52-54).

Date Enacted: 1969, amended 1981, 1985, 1992

Summary: Georgia’s Protection of American Indian Human Remains and Burial Objects protects unmarked human burials. The Department of Historic Resources, through the office of the State Archaeologist, issues excavation permits for state lands. In general, the state discourages removal of sacred or cultural objects from Native American burials. In cases where a burial must be excavated, the excavation research plan or design must include a plan for identify and notifying lineal descendants, for permission to perform skeletal analysis, curation and disposition. If human remains are encountered accidentally, the action ceases and the appropriate law enforcement agency is notified. The law enforcement agent takes responsibility for alerting the coroner, who in turn, determines if the remains are forensic in nature. If the remains are not forensic, then the coroner or medical examiner notifies the local governing authority and the Division of Natural Resources, the latter has responsibility for contacting the Council of American Indian Concerns. The Division of Natural Resources, in consultation with the Council, decides if the remains should be excavated, and if so, obtains written permission if the remains are on private lands. It is unlawful for any person not operating under the provisions of §106 of the National Historic Preservation Act to willingly or knowingly disturb any archaeological, aboriginal, prehistoric or historic site. It is also unlawful to buy, sell, trade, import, or export American Indian burial, sacred, or cultural objects. Any person who has knowledge of, or has reason to believe that interred human remains have been disturbed, destroyed, defaced, removed, or altered without a permit must immediately notify the local law enforcement agency.

Museums in possession of human remains or burial objects must return such objects to the relevant tribe if a request is made. Failure to comply with this law is subject to a civil penalty imposed by the Secretary of State, which in no event shall exceed $5,000. It is a felony to publicly display dead human bodies of American Indians or American Indian human remains except in connection with funeral or burial services. Educational exhibits or displays are only permissible with the express written permission of the lineal descendants of the deceased or where there is no lineal descendent by the Council on American Indian Concerns.

HAWAII

Citation: Historic Preservation Program (Hawaii Rev. Stat. §6E).

Date Enacted: 1988, amended 1990

Summary: This historic preservation law does not deal with grave goods but does have a provision for discovery and reburial of human remains. It takes into account Native Hawaiian concerns, and requires reburial of Native Hawaiian remains. For any known or discovered site with human remains that are over 50 years old, in situ preservation preferred. If excavation is required, the Department of Natural Resources must issue a permit. The ground disturbing activity ceases and the police and medical examiner are notified when human remains are inadvertently discovered. The law enforcement officials notifies the Department of Land and Natural Resources for human remains from significant historic or prehistoric burials. For single skeletons, the Department has two days to alert the appropriate Island Burial Council and the Office of Hawaiian Affairs if the remains are thought to be Native Hawaiians. In cases of multiple skeletons, the Department has three days to contact the Councils after gathering evidence and documenting the nature of the burial. The Island Burial Council has 45 days to decide appropriate action including preservation or relocation. Working with the Department and the Office of Hawaiian Affairs, the Island Burial Council develops criteria to be followed and oversees the removal. The landowner or developer may appeal the decision. Within 90 days of the final determination, the preservation or mitigation plan must be approved by the Department in consultation with the lineal descendants, Council, Office of Hawaiian Affairs, and affected landowner. The project resumes after implementation of the mitigation plan. Disposition will be done with traditional ceremonies and scientific analysis is usually allowed. If remains are removed, the Department in consultation with the Council and descendants determines the site of the relocation. For remains that are not Native Hawaiian, the Department of Land and Natural Resources has 30 days to determine if preservation or relocation is more appropriate and 90 to develop the action plan in consultation with lineal descendants and appropriate ethnic groups.

IDAHO

Citation: Protection of Graves (Idaho Code §27-501) and State Historic Society (Idaho Code §67-4101, et seq.).

Date Enacted: 1984

Summary: The Idaho Protection of Graves law applies to all graves, cairns, human remains and artifacts on state and private lands. The law mandates reburial. No individual may willfully disturb any cairn or grave or remove artifacts or human remains. After January 1, 1984, no person may possess artifacts or human remains taken from a cairn or grave other than in authorized ways. The law prohibits public display or exhibition or the sale of human remains or artifacts taken from a cairn or grave. If a grave is going to be destroyed, the Idaho Historical Society and appropriate tribe are consulted. The site is excavated with the permission of the tribe; permission is assumed if no response is received within 60 days of notification. Reinterment of all human remains and artifacts after scientific study is assumed and takes place following scientific study and is done at the archaeologist's expense and under supervision of the tribe. Penalties are felonies and include up to $10,000 in fines and five years in prison. Civil penalties may also be assessed.

ILLINOIS

Citation: Human Skeletal Remains Protection Act (Illinois Comp. Stat. Ann. 20 ILCS 3440/0:01, et seq.).

Date Enacted: 1989

Summary: The Human Skeletal Remains Act protects unregistered graves on state and private lands which are over 100 years old not in a registered cemetery. The law also applies to grave goods and artifacts. Any person who discovers human skeletal remains must notify the coroner promptly. Failing to do so within 48 hours is a Class C misdemeanor, unless such person has reasonable cause to believe the coroner has already been notified. If the human skeletal remains appear to be from an unregistered grave, the coroner will notify the Historic Preservation Agency. A permit will be issued prior to their removal, and costs for excavation are paid by the permit applicant. The state owns all human remains and grave goods and reburial is not specified. Knowingly disturbing human skeletal remains and burial artifacts, the sale or exchange of such objects may result in fines of up to $10,000 and prison for up to one year; civil penalties may also be assessed. Knowingly disturbing a grave marker is a Class E misdemeanor, which is punishable by up to $500 in fines and not more than six months imprisonment. The Historic Preservation Agency is authorized to offer rewards up to $2,000 for information leading to the arrest and conviction of violators.

INDIANA

Citation: Disturbance of Human Remains (Indiana Code Ann. §14-21-1-27, et seq.).

Date Enacted: 1989, amended 1995

Summary: The law applies to artifacts and human remains found on public and private lands. The statute specifically exempts coal mining, agriculture and surface collection. People disturbing the ground for the purpose of discovering artifacts or burial objects may only do so in accordance with an approved Department of Natural Resources (DNR) plan. Anyone disturbing a burial must notify the DNR and within two days treat or rebury the remains according to rules adopted by the Commission. Failure to do so is a Class A misdemeanor. If human remains are disturbed while trying to recover artifacts without an approved plan, it is a Class D felony. If human remains are encountered during ground disturbing activities other than those exempted, the activities must stop and the DNR must be notified within two days. After notification, the DNR may either authorize the project to continue or require that the activity be conducted with an approved plan. There are no provisions for scientific study of the human remains prior to reinterment. There are also no provisions that associated artifacts must be reburied or any provision for consultation with Native American groups.

IOWA

Citation: Reintering ancient remains (Code of Iowa §263B.7 through §263B.9; and Iowa Administrative Code §685-11.1 and Iowa Administrative Code §70-11-1).

Date Enacted: 1976, amended most recently 1993

Summary: The Iowa law is implemented by the State Archaeologist who has the primary responsibility for investigating, preserving and reintering ancient human remains. Ancient human remains are those remains found within the state which are more than 150 years old. The State Archaeologist provides for a forensic osteologist to study and interpret ancient burials and may designate other qualified archaeologists to assist in recovering physical and cultural information about the burials. Permits for excavations are issued after consultation with the Office of the State Archaeologist and Indian Advisory Committee. The State Archaeologist files a report with the department of public health. The state has established cemeteries on state lands for the reburial of ancient human remains. The State Archaeologist has the authority to prohibit disinterment of human remains that have state or national significance. The law does not address grave goods; nor is it clear on whether the law deals with state lands only or state and private lands. It is interpreted by the Office of the State Archaeologist to apply the law to private and state lands, but not to federal property. Anyone who intentionally disinters human remains from a burial site without lawful authority or, disinters human remains that have state and national significance from an historical or scientific standpoint for the inspiration and benefit of the United States without the permission of the State Archaeologist, is guilty of criminal mischief in the third degree (aggravated misdemeanor).

KANSAS

Citation: Kansas Unmarked Burial Sites Preservation Act (Kansas Code §75-2741, et seq.).

Date Enacted: 1989

Summary: The law specifically relates to unmarked burial sites, human remains and artifacts on private and public lands. No one without a permit, may disturb an unmarked burial site or possess human remains or grave goods. Possession of grave goods obtained prior to January 1, 1990 is exempted. No one may display human remains or artifacts from burials or trade in such artifacts. Anyone with knowledge of such activities must report it or is guilty of a misdemeanor with a fine of not less than $100 nor more than $500. Anyone discovering human skeletal remains must immediately notify the local law enforcement agency, which notifies the coroner. The coroner determines if the remains are forensic, then notifies the State Historical Society. The Society consults with the Unmarked Burial Sites Preservation Board. After disinterment, the remains and goods may be studied for up to one year by the State Historical Society. Scientific study may be extended by six months. Upon completion of the analysis, the remains and goods will be under the direction of the Unmarked Burial Sites Preservation Board. The Secretary of the State Historical Society will establish, with Board approval, a cemetery on state land for reinterment of human skeletal remains and grave goods from unmarked burials.

KENTUCKY

Citation: Archaeology (Kentucky Revised Stat. Ann. §164.705, et seq.).

Date Enacted: 1962

Summary: Kentucky uses its general public policy to preserve archaeological sites and objects of antiquity of public benefit and limits exploration, excavation, and collection of artifacts to qualified persons and educational institutions. The law does not specifically mention Native American burials, while it does deal with historic and Civil War burials. It defines an archaeological site as any place where articles of value scientific study of history or prehistoric human life and activities may be found such as mounds, earthwork, forts, burial grounds, caves or camp sites of Indian or any aboriginal group. The Kentucky Heritage Council has jurisdiction for protecting and managing sites and inadvertent discovery of sites must be reported to the Council.

LOUISIANA

Citation: Unmarked Human Burial Sites Preservation Act (Louisiana Revised Stat. Ann. Title 8, §671- 681).

Date Enacted: 1991

Summary: The Louisiana Unmarked Human Burial Sites Preservation Act provides for the protection of unmarked burial sites, human skeletal remains and burial artifacts. The law establishes the Unmarked Burial Sites Board to implement and enforce the law; consult with all interested parties when an unmarked burial site is disturbed; and issue permits for the disinterment and/or for scientific study of human remains and burial artifacts. The law makes it illegal to disturb an unmarked burial site or any human skeletal remains or burial artifacts in such a site. To buy sell, barter, excavate, give, receive, posses, display, discard or destroy human skeletal remains from any unmarked burial site in the state, or allow anyone to do this, is a crime. Each violation is subject to a fine of not more than $5,000 or imprisonment for not more than one year, or both for a first offense. For subsequent convictions, a fine of not more than $10,000 or imprisonment for not more than two years, or both will be imposed. Civil penalties may also be assessed.

Whenever an unmarked burial site or human skeletal remains are discovered, the local law enforcement office must be notified within 24 hours. Anyone receiving what they belief are burial artifacts must notify the Division of Archaeology within 72 hours. Failure to notify is a misdemeanor with fines not less than $100 or more than $1,000. Upon discovery, all disturbing activity ceases and will not resume until the Board has issued a permit outlining the disposition of the remains. This will be done within 30 days. The law enforcement agency notifies the coroner of the discovery, who notifies the Board within two business days if the remains are not older than 50 years and not the result of criminal action. In this case the Board will have jurisdiction over the remains. The Board will take every reasonable action to restore the burial site and avoid disturbing the remains. If the remains are of scientific value, a permit may be issued for study. The Board will make a reasonable effort to identify and locate direct kin or where remains have a known ethnic affinity with a Native American tribe, the tribe will be contacted. If the remains must be removed, the direct relations, if known, will have control over the disposition. If there is no known relative, but an established ethnic affinity, then the tribe will have control over the disposition. If no direct relative or ethnic affinity are established, the Board will determine disposition. The cost of disinterment, reinterment or study shall be paid by the party requesting the permit if one is issued, otherwise the Board will bear the cost of reinterment. All burial artifacts found in an unmarked burial site become the property of the state and the Board will have control over their disposition.

MAINE

Citation: Indian Bones (Maine Rev. Stat. Ann. Title 22, §4720) and Archaeology (Maine Rev. Stat. Ann. Title 27, §361).

Date Enacted: 1973, 1985

Summary: The statute on Indian Bones requires that all Indian skeletons, either publicly or privately owned, be transferred to the appropriate Maine tribe for reburial. Prior to reburial, the human remains may be scientifically studied for up to one year. The law makes no provisions for associated grave goods or dealing with human remains when affinity cannot be established. There are no provisions in the statute for violations. No review committee is mentioned and no process in laid out for inadvertent discovery of human remains. The Maine Historic Preservation Commission issues permits for archaeological excavations.

MARYLAND

Citation: Historic and Cultural Programs ( Maryland Ann. Code art. 27, §265,and 267; art. 83B, §5-627) Ownership and Deposit of Submerged or Terrestrial Archaeological Objects and Materials (Article 83B, §65-627).

Date Enacted: 1991, amended 1994

Summary: Maryland recently amended its preservation statutes to include provisions relating to human remains. The state claims jurisdiction over all sites on state lands. Article 83, §5-627(b) transfers human remains to the state under the jurisdiction of the Maryland Historical Trust. The Trust may transfer any human remains, including Native American, in its possession to an appropriate place of repose. If cultural affiliation can be established, the human remains and associated funerary objects will be transferred first to a lineal descendant and then to a culturally affiliated organization. The Trust must first consult with the Commission on Indian Affairs. Human remains not identified can be sent to a reputable museum or educational institution for one year of study. These remains are then returned to the Trust for disposition according to procedures on disposition of culturally unidentifiable materials developed with the Commission.

MASSACHUSETTS

Citation: Discovery of Unmarked Skeletal Remains (Mass. General Laws Ann. Ch. 38, §6B); Commission on Indian Affairs (Mass. Gen. Laws Ann. Ch.7, §38A); Violation of Sepulchre (Mass. Gen. Laws Ann. Ch. 272, §71); Injuring or Removing Tombs, Graves, Memorials, etc. (Mass. Gen. Laws Ann. Ch. 272, §73), Preservation of Ancient Burial Places (Mass. Gen. Laws Ann. Ch. 114, §17), Reports to State Archaeologist [Cessation of Activities at Unmarked Burial Grounds] (Mass. Gen. Laws Ann. Ch. 9, §27C).

Date Enacted: 1983, 1989

Summary: Any person in the Commonwealth who discovers unmarked skeletal remains or who knowingly disturbs such remains is required to immediately notify the medical examiner of the district or county where the remains are located. The medical examiner must then conduct an inquiry to determine whether the remains are suspected of being 100 years old or more, in which case he shall immediately notify the State Archaeologist. If the remains are determined to be of archaeological significance, the Commission on Indian Affairs is notified and a site evaluation is made to determine if the remains are Native American Indian. If so, the State Archaeologist, landowner and Commission on Indian Affairs will determine whether alternatives exist to avoid or minimize harm to the site. If there are no alternatives for in situ preservation, the State Archaeologist will excavate the site under the supervision of the commission. The State Archaeologist and commission determine if immediate disposition or skeletal analysis is appropriate. If immediate reinterment is the option, the Commission is responsible. Analysis may not exceed one year, unless an extension is granted by the Commission. After analysis, the commission is responsible for reinterment.

MICHIGAN

Citation: Aboriginal Records and Antiquities (Michigan Stat. Ann. §13.22, et seq.); Historical Commission (Michigan Stat. Ann. §15.1801, et seq.).

Date Enacted: Last amended 1989

Summary: The Aboriginal Records and Antiquities Act prohibits the exploration or excavation of aboriginal remains on state lands without a permit from the Director of Natural Resources. It also makes it illegal to remove relics or records of antiquity such as human bones without private land owners permission. More general preservation statutes establish the Historical Commission and outline the requirement to consult with the Indian Affairs Commission. The law does not have specific direction on repatriation of human remains or grave goods, nor does it outline steps to follow in cases of inadvertent discovery of unmarked human graves during authorized projects.

MINNESOTA

Citation: Private Cemeteries (Minnesota Stat. Ann. §307.08).

Date Enacted: Amended 1976, Effective 1983, Amended 1993, 1997

Summary: The Private Cemeteries Act offers protection to all human remains and human burials on state and private lands or waters. Anyone who intentionally, willfully or knowingly destroys, mutilates, injures, or removes human skeletal remains or human burial grounds is guilty of a felony. The State Archaeologist will appoint a qualified archaeologist to identify Indian burial grounds. All undiscovered human remains over 50 years old, outside of a plotted cemetery, are dealt with according to this Act. In cases where remains are discovered and the remains are not Native American, provisions developed by the State Archaeologist will be followed. If probable tribal identity can be determined, the State Archaeologist and the Indian Affairs Council will decide if they should be turned over to the contemporary tribal leaders for disposition. If the State Archaeologist and Indian Affairs Council decide it necessary the remains may be studied prior to return. When Indian burials are known or suspected to exist, on public lands or waters, the state or political subdivision controlling the lands or waters shall submit construction and development plans to the State Archaeologist and the Indian Affairs Council for review prior to the time bids are advertised.

MISSISSIPPI

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.

MISSOURI

Citation: Unmarked Human Burial Sites (Missouri Rev. Stat. §194.400, et seq.).

Date Enacted: 1987

Summary: This statute establishes an Unmarked Human Burial Consultation Committee in the Department of Natural Resources. Upon discovery of unmarked human burials or human skeletal remains during archaeological excavation, construction, agriculture or other ground disturbing activities on private lands and waters or state lands and waters, the activity must cease immediately and either the State Historic Preservation Officer (SHPO) or local law enforcement office is notified. Activity will not resume until specific authorization from either the SHPO or law enforcement office is received. The law enforcement officer determines if the remains are needed for criminal investigation; if not, the SHPO determines if the human remains must be removed for scientific analysis. An archaeological investigation will be done within 30 days to determine cultural and biological characteristics. The SHPO must try to identify and locate direct kin who will determine disposition; if no direct kin can be identified and ethnic affinity has been determined, the ethnic group determines disposition. If the SHPO determines the remains are scientifically important, analysis may take place prior to reinterment. Analysis must be completed within one year. If no affinity can be established, the Unmarked Human Burial Consultation Committee determines disposition. It is a Class D felony with five years imprisonment and $10,000 fine to violates the law. It is unclear who pays for required archaeological excavation and study of remains. There is no mention of associated artifacts.

MONTANA

Citation: Human Skeletal Remains and Burial Site Protection Act (Montana Code Ann. §22-3-801 through §22-3-811).

Date Enacted: 1991

Summary: The Human Skeletal Remains and Burial Site Protection Act applies to all human skeletal remains and burial sites on state and private lands not protected as cemeteries. The law establishes the Burial Preservation Board. Upon discovery of human remains through ground disturbing activity including agriculture, the activity ceases and the coroner is contacted within two days. The coroner has two days to decide if remains are of a criminal act or of archaeological significance. If the remains are archaeologically significant, the coroner has 24 hours to contact the SHPO. Within 24 hours the SHPO must contact the land owner and the Burial Preservation Board or the nearest reservation representative. Within 36 hours of the Board being notified, a representative will preform an initial field review which must be completed within 36 hours to determine if the site can be preserved in situ, negotiate with the landowner, or recommend final disposition. If agreement with landowner cannot be reached within 40 days of notification, the remains must be removed and the Board is responsible for the ultimate disposition and descendants or a cultural group must be identified if possible. Scientific study is permissible for up to one year after application is obtained. A series of fines and prison sentences ranging from $100 to $50,000 and up to 20 years in jail are applicable.

NEBRASKA

Citation: Unmarked Human Burial Sites and Skeletal Remains Protection Act (Nebraska Rev. Stat. §12- 1201 through §12-1212).

Date Enacted: 1989

NEVADA

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.

NEW HAMPSHIRE

Citation: Discovery of Human Remains (NH Rev. Stat. Ann. §227-C:8 a-g); Historic Preservation (NH Rev. Sta. Ann. §227-C 1); Cemeteries (NH Rev. Stat. Ann. §289:1); Burials and Disinterments (NH Rev. Stat. Ann. §.290:1).

Date Enacted: Human remains provisions passed in 1986; amended 1987, 1996

Summary: If human remains and associated artifacts are uncovered as part of a long term archaeological project, the State Archaeologist must be notified within five days. Any known living descendent or affinity group must also be notified and consulted. The remains may be excavated and curated prior to final disposition. Non-destructive analysis also may be done without the State Archaeologist's permission and completed within four years. For remains discovered outside of archaeological research including construction and agricultural activities, the action stops immediately and the medical examiner is notified to determine if it is a crime scene. If not, the medical examiner notifies the State Archaeologist who has 48 hours to make arrangements with landowner for protection or removal. If landowner agrees to excavation, a staff archaeologist will assess the biological or cultural characteristics within two days or longer if the land owner agrees. If the remains are Native American, the State Archaeologist notifies the affiliated tribe or individual to determine treatment. The tribe has four weeks to communicate in writing its wishes. Within 90 days, a written agreement will be developed including type of analysis, timetable and a plan for disposition. If no agreement is reached in 90 days, the State Historic Preservation Officer and Commissioner of Indian Affairs will determine the terms of agreement. If the remains are other than Native American, the professional archaeologist will publish notice of excavation in local paper for four weeks. If kin relations are identified, they will have 90 days to develop an agreement. If no determination of kin is made, the State Archaeologist takes control of the remains for curation after analysis.

NEW JERSEY

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.

NEW MEXICO

Citation: Permits Required for Excavation of Unmarked Burials (NM Stat. Ann. §18-6-11.2); Endowed Care Cemetery Act (NM Stat. Ann. §30-12-12 Criminal Codes, NM Stat. Ann. §58-17-1).

Date Enacted: 1989

NEW YORK

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.

NORTH CAROLINA

Citation: Unmarked Human Burial and Unmarked Human Skeletal Remains Protection (NC Gen. Stat. §70-26-41).

Date Enacted: 1981

Summary: The statute deals with human remains. Article one, encourages private land owners to avoid excavation or destruction of Indian relics, artifacts, mounds or burial grounds. Any person in charge of construction or excavation on state lands or from a public agency, institution, county or municipality is responsible for reporting and preserving Indian relics, artifacts, mounds or burial grounds discovered. Permits are issued by the Department of Cultural Resources. If harm to or destruction of any religious or cultural site will occur, the Department notifies and consults with appropriate religious or cultural group including the NC Commission on Indian Affairs, who consults with the Eastern Band of Cherokee or other appropriate tribal groups or communities. If human skeletal remains are uncovered during archaeological investigation, the archaeologist bears the cost of reinterment. Any person who knows that unmarked human burials are being destroyed, defaced or damaged immediately will notify the medical examiner. If the remains are uncovered from construction or agricultural activity, the activity ceases immediately and will not resume without authorization of either the medical examiner or the chief archaeologist. If the remains are encountered by a professional archaeologist, they may be excavated after notification to the chief archaeologist, who notifies the chief medical examiner.

NORTH DAKOTA

Citation: Protection of Human Burial Sites, Human Remains and Burial Goods (ND Century Code §23- 06-27); Protection of Prehistoric Sites and Deposits (ND Century Code §55-03, et seq.).

Date Enacted: Burial provisions enacted 1990, amended 1995.

Summary: The law pertains to prehistoric and historic human burials, human remains and burial goods on state, local and private lands. When such remains are inadvertently discovered, the activity ceases and the local law enforcement office is notified. The law enforcement office then notifies the State Historical Society which does an initial examination to determine race and age within 24 hours, or as soon as possible. If race and age can be presumed based on location, historical data and associated burial goods, this information helps determine the disposition. If the remains are non-Indian, they may be further studied by a qualified archaeologist with in situ preservation as the optimal choice; in situ examination may include measurements and visual observations and a written description of the human remains and burial goods. When the burial cannot be restored, examination in situ may take place in addition to weighing of the human remains and burial goods after disinterment and prior to reinterment in another location. When in situ examination is not feasible, the remains will be sent to the Society for examination. A reasonable effort to locate the original burial site will be made and, if located, the site will be examined. When in situ study is impossible, the remains and burial goods will be excavated and sent to the Society for examination. For single burials, examination will be completed within 60 days; multiple burials examination will completed within 90 days. Extensions may be granted with consent of the intertribal reinterment committee. If the remains cannot be determined by initial examination to be either Indian or non-Indian, it is presumed that they are Indian. If a human burial is inadvertently disturbed, the State Historical Society will notify the intertribal reinterment committee. Within 24 hours of notification, a representative will inspect the site and determine if the burial can be restored, protected in situ or if it must be disinterred and reinterred in another location. The intertribal reinterment committee will attempt to determine tribal identity or affiliation of the human remains and burial goods. The committee will also determine the appropriate Indian reservation for reinterment. The expenses for site restoration, reinterment and relevant ceremonies will be paid by the tribal government.