Kentucky Indian Burial Laws
Friday, 26 February 2010 17:41
Citation: Archaeology (Kentucky Revised Stat. Ann. Â§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.
Jurisdiction: State lands and private lands if the state has a contract with the landowner.
Statute of Limitations: Not specified.
Areas Covered Under Act: Historic and prehistoric archaeological sites including burial grounds.
Ownership: The state claim sites on state lands.
Review/Consultation Committee: Not specified.
Liable: Anyone who willfully destroys, damages or injures an archaeological site.
Penalties: Violations are misdemeanor with fines not to exceed $500 or 90 days in jail.
Exemptions: Not specified.
Permitting: Excavation permit are issued through the Kentucky Heritage Council.