NY State Senate Bill 2019-S4422

Senate Bill S4422

2019-2020 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to corporations, authorities and commissions
Mar 11, 2019	referred to corporations, authorities and commissions

2019-S4422 (ACTIVE) - Details

See Assembly Version of this Bill:: A5928
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Not-for-Profit Corporation Law
Laws Affected:: Amd §1503, add §1518, N-PC L; amd §235, Ed L; amd §14.09, Pks & Rec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A4291
2011-2012: A4477
2013-2014: A5837
2015-2016: A2281
2017-2018: A7256
2021-2022: S5701, A6724
2023-2024: S630, A2029

2019-S4422 (ACTIVE) - Summary

Enacts the "unmarked burial site protection act"; requires the cessation of all ground disturbing activities upon the discovery of a burial ground, human remains or funerary objects, and requires the reporting of such discovery to the local coroner; provides that if such remains are more than 50 years old, the state archaeologist shall be notified; requires state archaeologist to determine whether the remains are of Native American origin

2019-S4422 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4422

SPONSOR: COMRIE
 
TITLE OF BILL:  An act to amend the not-for-profit corporation law and
the education law, in relation to the discovery and disposition of human
remains and funerary objects; and to amend the parks, recreation and
historic preservation law, in relation to requiring certain notice and
consultation prior to the undertaking of certain projects

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill provides a mechanism for the protection of unmarked burial
sites and the determination of cultural affiliation, stewardship and
disposition of human remains and funerary objects interred at such
sites.

 
SUMMARY OF PROVISIONS:

Adds a new section 1517 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:

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

*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.

*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.

*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.

*Burial sites, human remains and funerary objects are to be left undis-
turbed except as otherwise provided pursuant' to this act.

*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.

*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.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

 
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 delib-
erate 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.

 
PRIOR LEGISLATIVE HISTORY:

2017-18 A7256 referred to corporations, authorities and commissions

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Additional resources may be needed for performance of the State Archae-
ologist.

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

2019-S4422 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4422
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN  ACT  to  amend  the not-for-profit corporation law and the education
   law, in relation to the discovery and disposition of human remains and
   funerary objects; and to amend  the  parks,  recreation  and  historic
   preservation  law, in relation to requiring certain notice and consul-
   tation prior to the undertaking of certain projects
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "unmarked burial site protection act".
   § 2. Legislative findings and declaration. The legislature  finds  and
 declares  that  the  sanctity  of human burial sites is an intrinsic and
 paramount value among all cultural and religious traditions which  prac-
 tice  the custom of burying the dead. The legislature further finds that
 there are numerous unmarked burial sites throughout the state,  many  of
 which are of great cultural and historical significance to the people of
 the  state, particularly to members of the cultural and religious groups
 affiliated  with  them.  Such  sites  are  vulnerable  to  unintentional
 disturbance  in  the course of construction and other activities as well
 as deliberate vandalism and  looting.  Such  disturbance  constitutes  a
 severe  offense  against the descendants of the dead and the beliefs and
 traditions of the culturally-affiliated groups.
   The legislature finds and declares that existing laws  are  inadequate
 to  protect  these  unmarked burial sites from disturbance, and that New
 York is one of the very few states  which  heretofore  has  provided  no
 express  statutory protection for unmarked burial sites. It is therefore
 declared to be the purpose of this act to ensure that human remains  and
 associated  funerary  artifacts remain undisturbed to the maximum extent
 practicable, and are treated with the utmost respect consistent with the
 wishes of lineal descendants and culturally-affiliated groups.
   § 3. Section 1503 of the not-for-profit corporation law is amended  by
 adding a new paragraph (c) to read as follows:

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09868-01-9

 S. 4422                             2
 
   (C)  EXCEPT  AS OTHERWISE PROVIDED IN PARAGRAPH (C) OF SECTION FIFTEEN
 HUNDRED SEVEN AND PARAGRAPH (M) OF SECTION FIFTEEN HUNDRED TEN  OF  THIS
 ARTICLE,  THIS  ARTICLE  DOES  NOT  APPLY TO A BURIAL SITE AS DEFINED IN
 PARAGRAPH (A) OF SECTION FIFTEEN HUNDRED EIGHTEEN OF THIS ARTICLE.
   §  4.  The  not-for-profit  corporation law is amended by adding a new
 section 1518 to read as follows:
 § 1518. DISCOVERY AND DISPOSITION OF HUMAN REMAINS AND FUNERARY OBJECTS.
   (A) DEFINITIONS. AS USED IN THIS SECTION:
   (1) "BURIAL SITE" MEANS ANY LOCATION IN WHICH HUMAN REMAINS ARE INTER-
 RED, WHICH IS NOT A CEMETERY SUBJECT TO PROVISIONS OF THIS CHAPTER,  THE
 RELIGIOUS  CORPORATION  LAW,  THE GENERAL MUNICIPAL LAW, THE COUNTY LAW,
 THE TOWN LAW OR THE VILLAGE LAW.
   (2) "COMMITTEE" MEANS THE NATIVE AMERICAN BURIAL SITE REVIEW COMMITTEE
 CREATED BY PARAGRAPH (C) OF THIS SECTION.
   (3) "CULTURALLY-AFFILIATED GROUP" MEANS ANY GROUP, INCLUDING A  NATIVE
 AMERICAN TRIBE, WHOSE PAST OR PRESENT GOVERNMENT, OR TRADITIONAL CULTURE
 OR  RELIGION WAS OR IS AFFILIATED WITH HUMAN REMAINS OR FUNERARY OBJECTS
 WHICH ARE THE SUBJECT OF THIS SECTION. SUCH GROUP SHALL INCLUDE A NATIVE
 AMERICAN TRIBE WHOSE ABORIGINAL TERRITORY, AS DEFINED BY THE  COMMITTEE,
 INCLUDES  THE LOCATION OF A BURIAL SITE CONTAINING NATIVE AMERICAN HUMAN
 REMAINS OR FUNERARY OBJECTS.
   (4) "FORENSIC ANTHROPOLOGIST OR BIOARCHAEOLOGIST" MEANS A PERSON QUAL-
 IFIED IN THE MEDICOLEGAL OR  OSTEOLOGICAL  INVESTIGATION/EXAMINATION  OF
 HUMAN SKELETAL REMAINS.
   (5)  "FUNERARY OBJECTS" MEANS ANY ITEM OR ITEMS REASONABLY BELIEVED TO
 HAVE BEEN PLACED WITH HUMAN REMAINS AT THE TIME OF BURIAL, INCLUDING BUT
 NOT LIMITED TO BURIAL MARKERS, ITEMS  OF  PERSONAL  ADORNMENT,  VESSELS,
 BEADS, TOOLS, IMPLEMENTS, CEREMONIAL OBJECTS AND OTHER ARTIFACTS.
   (6)  "HUMAN  REMAINS"  MEANS  THE REMAINS OF ANY PART OF THE BODY OF A
 DECEASED PERSON.
   (7) "LINEAL DESCENDANT" MEANS A GENEALOGICAL DESCENDANT ESTABLISHED BY
 ORAL TRADITION OR WRITTEN RECORD.
   (8) "NATIVE AMERICAN TRIBE" MEANS ANY NATIVE AMERICAN TRIBE, NATION OR
 GROUP.
   (9) "STATE ARCHAEOLOGIST" MEANS THE PERSON APPOINTED  TO  SUCH  OFFICE
 PURSUANT TO SECTION TWO HUNDRED THIRTY-FIVE OF THE EDUCATION LAW.
   (B)  APPLICABILITY.  THIS  SECTION SHALL APPLY TO ALL LANDS WITHIN THE
 STATE, EXCEPT FOR LANDS LOCATED UPON  ANY  NATIVE  AMERICAN  RESERVATION
 LOCATED WHOLLY OR PARTLY WITHIN THE STATE.
   (C)  NATIVE  AMERICAN  BURIAL  SITE  REVIEW COMMITTEE. THERE IS HEREBY
 ESTABLISHED A NATIVE AMERICAN BURIAL SITE REVIEW COMMITTEE CONSISTING OF
 THE FOLLOWING: ONE MEMBER TO BE APPOINTED BY EACH OF THE NATIVE AMERICAN
 TRIBES IN THE STATE AS THE OFFICIAL REPRESENTATIVES FOR THE PURPOSES  OF
 THE  NATIVE  AMERICAN  GRAVES PROTECTION AND REPATRIATION ACT; THE STATE
 ARCHAEOLOGIST; A FORENSIC ANTHROPOLOGIST OR BIOARCHAEOLOGIST; THE  CHAIR
 OF  THE  HUMAN  REMAINS  COMMITTEE  OR  OTHER  DESIGNEE  OF THE NEW YORK
 ARCHAEOLOGICAL COUNCIL; AND ONE MEMBER WITH EXPERTISE IN  THE  FIELD  OF
 HISTORIC  PRESERVATION  APPOINTED  BY  THE COMMISSIONER OF THE OFFICE OF
 PARKS, RECREATION AND HISTORIC PRESERVATION. THE COMMITTEE SHALL ELECT A
 CHAIRPERSON FROM AMONG ITS MEMBERS.  THE  MEMBERS  WHO  ARE  NOT  PUBLIC
 EMPLOYEES  SHALL  BE  REIMBURSED  BY  THE STATE FOR THEIR REASONABLE AND
 NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF  COMMITTEE  FUNCTIONS.
 IT  SHALL  BE  THE  FUNCTION  OF  THE  COMMITTEE TO DETERMINE THE LINEAL
 DESCENDANTS AND/OR  CULTURALLY-AFFILIATED  GROUPS  FOR  NATIVE  AMERICAN
 HUMAN  REMAINS  AND  FUNERARY  OBJECTS  SUBJECT  TO THIS SECTION, AND TO
 PROVIDE NOTICE TO SUCH DESCENDANTS AND/OR GROUPS  AS  PROVIDED  IN  THIS

 S. 4422                             3
 
 SECTION.  THE STATE ARCHAEOLOGIST SHALL PREPARE, AND THE COMMITTEE SHALL
 ADOPT,  STANDARD  PROCEDURES  FOR DETERMINING THE LINEAL DESCENDANTS AND
 CULTURALLY-AFFILIATED GROUPS FOR  HUMAN  REMAINS  AS  REQUIRED  BY  THIS
 SECTION,  INCLUDING ACCEPTABLE TYPES OF PROOF OF SUCH DESCENT AND AFFIL-
 IATION.
   (D) DISCOVERY OF BURIAL SITE; REPORTING REQUIREMENTS. (1)  ANY  PERSON
 WHO  IN  THE COURSE OF ANY GROUND-DISTURBING ACTIVITY DISCOVERS A BURIAL
 SITE, HUMAN REMAINS OR FUNERARY  OBJECTS  SHALL  IMMEDIATELY  CEASE  ANY
 FURTHER  DISTURBANCE  OF  SUCH SITE, REMAINS OR OBJECTS, AND SHALL IMME-
 DIATELY REPORT SUCH DISCOVERY TO THE CORONER OR MEDICAL EXAMINER IN  THE
 COUNTY  IN  WHICH  THE  REMAINS  WERE DISCOVERED. THE CORONER OR MEDICAL
 EXAMINER SHALL WITHIN NINETY-SIX HOURS DETERMINE WHETHER ANY ACTIONS ARE
 REQUIRED PURSUANT TO THE PROVISIONS OF ARTICLE SEVENTEEN-A OF THE COUNTY
 LAW. IF ANY SUCH REMAINS APPEAR TO THE CORONER OR MEDICAL EXAMINER TO BE
 MORE THAN FIFTY YEARS OLD, THE CORONER OR MEDICAL EXAMINER  SHALL  IMME-
 DIATELY  PROVIDE  NOTICE  OF  THE DISCOVERY OF SUCH REMAINS TO THE STATE
 ARCHAEOLOGIST, WHO SHALL IN TURN CONVEY EACH SUCH NOTICE  TO  THE  OTHER
 MEMBERS  OF  THE COMMITTEE.  ANY INSPECTION OR EXAMINATION SHALL BE MADE
 IN SITU EXCEPT AS NECESSARY TO COMPLY WITH SUCH ARTICLE  SEVENTEEN-A  OR
 TO DETERMINE THE AGE OF THE REMAINS.
   (2) THE STATE ARCHAEOLOGIST, OR SUCH QUALIFIED PERSON AS MAY BE DESIG-
 NATED  BY  THE  STATE ARCHAEOLOGIST, SHALL, UPON RECEIVING NOTICE FROM A
 CORONER OR MEDICAL EXAMINER OF THE DISCOVERY OF HUMAN  REMAINS,  INSPECT
 THE  SITE,  REMAINS AND/OR OBJECTS WHICH ARE THE SUBJECT OF SUCH NOTICE,
 PREPARE A REPORT THEREON AND PROVIDE A COPY OF THE REPORT TO THE COMMIT-
 TEE. THE REPORT SHALL BE BASED UPON PHYSICAL EXAMINATION OF THE  DISCOV-
 ERED  BURIAL  SITE,  REMAINS AND/OR OBJECTS, AND SHALL CONTAIN THE STATE
 ARCHAEOLOGIST'S CONCLUSION AS  TO  WHETHER  SUCH  SITE,  REMAINS  AND/OR
 OBJECTS  MAY  BE OF NATIVE AMERICAN ORIGIN. IN PREPARING THE REPORT, THE
 STATE ARCHAEOLOGIST MAY SEEK AND OBTAIN ASSISTANCE FROM ANY EMPLOYEE  OF
 THE  REGENTS,  FROM  THE COMMITTEE, AND FROM THE OFFICE OF PARKS, RECRE-
 ATION AND HISTORIC PRESERVATION.
   (E) DETERMINATION OF AND NOTIFICATION TO LINEAL DESCENDANT OR  CULTUR-
 ALLY-AFFILIATED  GROUP.  (1)  IF  THE  STATE ARCHAEOLOGIST, THE FORENSIC
 ANTHROPOLOGIST OR BIOARCHAEOLOGIST, AND THE  COMMITTEE  AGREE  THAT  THE
 BURIAL  SITE DOES NOT WHOLLY OR PARTLY CONTAIN HUMAN REMAINS OR FUNERARY
 OBJECTS THAT ARE OF NATIVE AMERICAN ORIGIN, IT SHALL BE THE RESPONSIBIL-
 ITY OF THE STATE ARCHAEOLOGIST TO DETERMINE,  AS  SOON  AS  PRACTICABLE,
 WHETHER  THERE  IS  ANY  REASONABLY  ASCERTAINABLE  LINEAL DESCENDANT OR
 CULTURALLY-AFFILIATED GROUP  WITH  RESPECT  TO  SUCH  SITE,  REMAINS  OR
 OBJECTS  AND,  IMMEDIATELY  UPON  MAKING  SUCH DETERMINATION, TO PROVIDE
 NOTICE TO SUCH DESCENDANTS OR GROUP OF THE REPORTED DISCOVERY.
   (2) IF THE STATE ARCHAEOLOGIST, THE FORENSIC ANTHROPOLOGIST OR  BIOAR-
 CHAEOLOGIST,  AND  THE  COMMITTEE  AGREE  THAT THE BURIAL SITE WHOLLY OR
 PARTLY CONTAINS HUMAN REMAINS OR FUNERARY OBJECTS THAT MAY BE OF  NATIVE
 AMERICAN  ORIGIN,  IT  SHALL  BE  THE RESPONSIBILITY OF THE COMMITTEE TO
 DETERMINE THE LINEAL DESCENDANTS OR CULTURALLY-AFFILIATED  GROUPS.  SUCH
 DETERMINATION  SHALL  BE MADE AS SOON AS PRACTICABLE AFTER THE COMMITTEE
 RECEIVES A REPORT FROM THE STATE  ARCHAEOLOGIST  CONCERNING  THE  BURIAL
 SITE.  IMMEDIATELY  UPON  MAKING SUCH DETERMINATION, THE COMMITTEE SHALL
 PROVIDE WRITTEN NOTIFICATION  TO  SUCH  DESCENDANTS  OR  GROUPS  OF  THE
 REPORTED DISCOVERY.
   (3)  THE  COMMITTEE  SHALL  HAVE  STEWARDSHIP OF NATIVE AMERICAN HUMAN
 REMAINS AND FUNERARY OBJECTS FROM THE TIME IT RECEIVES NOTIFICATION FROM
 THE STATE ARCHAEOLOGIST PURSUANT TO PARAGRAPH (D) OF THIS SECTION  UNTIL
 THE  LINEAL  DESCENDANTS  AND/OR  CULTURALLY-AFFILIATED  GROUPS  RECEIVE

 S. 4422                             4
 
 NOTIFICATION FROM THE COMMITTEE PURSUANT TO  THIS  PARAGRAPH,  AT  WHICH
 TIME  SUCH  LINEAL DESCENDANTS AND/OR CULTURALLY-AFFILIATED GROUPS SHALL
 HAVE THE RIGHT  OF  POSSESSION  AND  STEWARDSHIP  OF  SUCH  REMAINS  AND
 OBJECTS.  UPON NOTIFICATION TO SUCH LINEAL DESCENDANTS OR CULTURALLY-AF-
 FILIATED  GROUPS  PURSUANT TO THIS PARAGRAPH, OWNERSHIP OF AND RESPONSI-
 BILITY FOR THE HUMAN REMAINS AND FUNERARY OBJECTS SHALL VEST EXCLUSIVELY
 IN SUCH DESCENDANTS OR GROUPS, WHICH SHALL HAVE EXCLUSIVE  AUTHORITY  TO
 DETERMINE THEIR DISPOSITION.
   (4)  THE  COMMITTEE SHALL ESTABLISH PROCEDURES FOR MAKING THE DETERMI-
 NATION AS TO WHETHER DISCOVERED HUMAN REMAINS OR FUNERARY OBJECTS MAY BE
 OF NATIVE AMERICAN ORIGIN WHEN THE STATE ARCHAEOLOGIST AND THE COMMITTEE
 CAN NOT COME TO AGREEMENT.
   (5) WHERE A BURIAL SITE CONTAINS BOTH NATIVE AMERICAN  AND  NON-NATIVE
 AMERICAN  HUMAN  REMAINS  OR  FUNERARY  OBJECTS,  THE COMMITTEE SHALL BE
 RESPONSIBLE FOR THE NATIVE AMERICAN BURIALS AT THE SITE, AND  THE  STATE
 ARCHAEOLOGIST SHALL BE RESPONSIBLE FOR ALL OTHER BURIALS AT THE SITE.
   (F)  DISPOSITION  OF  REMAINS  AND  OBJECTS. (1) WITHIN TEN DAYS AFTER
 NOTIFICATION BY THE  STATE  ARCHAEOLOGIST  TO  A  LINEAL  DESCENDANT  OR
 CULTURALLY-AFFILIATED  GROUP,  OTHER THAN A NATIVE AMERICAN TRIBE OF THE
 DISCOVERY OF A BURIAL SITE, THE DESCENDANT OR  GROUP  SHALL  ADVISE  THE
 STATE  ARCHAEOLOGIST  AS  TO THE PREFERRED DISPOSITION OF THE DISCOVERED
 REMAINS OR OBJECTS. THE STATE ARCHAEOLOGIST SHALL TO THE MAXIMUM  EXTENT
 PRACTICABLE  FACILITATE SUCH PREFERRED DISPOSITION, WHICH MAY CONSIST OF
 REINTERMENT AND PROTECTION  OF  THE  BURIAL  SITE  OR  DISINTERMENT  AND
 REBURIAL OR OTHER DISPOSITION AS DETERMINED.
   (2)  WITHIN  TEN  DAYS AFTER NOTIFICATION BY THE COMMITTEE TO A LINEAL
 DESCENDANT OR CULTURALLY-AFFILIATED GROUP OF THE DISCOVERY OF  A  BURIAL
 SITE,  THE  DESCENDANT OR GROUP SHALL ADVISE THE COMMITTEE IN WRITING AS
 TO THE PREFERRED DISPOSITION OF THE DISCOVERED REMAINS OR  OBJECTS.  THE
 COMMITTEE  SHALL  TO  THE  MAXIMUM  EXTENT  PRACTICABLE  FACILITATE SUCH
 PREFERRED DISPOSITION, WHICH MAY CONSIST OF REINTERMENT  AND  PROTECTION
 OF  THE BURIAL SITE OR DISINTERMENT AND REBURIAL OR OTHER DISPOSITION AS
 DETERMINED.
   (G) DISPOSITION OF HUMAN REMAINS AND FUNERARY OBJECTS, GENERALLY.  (1)
 EXCEPT  AS  NECESSARY  TO CARRY OUT THE PURPOSES OF THIS SECTION, BURIAL
 SITES, HUMAN REMAINS AND FUNERARY OBJECTS SHALL REMAIN UNDISTURBED AFTER
 DISCOVERY.
   (2) UNLESS EXPRESS CONTRARY DIRECTION IS GIVEN  BY  THE  COMMITTEE,  A
 CULTURALLY-AFFILIATED  GROUP OR LINEAL DESCENDANT, THE PRESUMED DISPOSI-
 TION OF HUMAN REMAINS AND FUNERARY OBJECTS SHALL  BE  THAT  THEY  REMAIN
 UNDISTURBED  WHERE BURIED, EXCEPT AS PROVIDED IN SUBPARAGRAPHS THREE AND
 FOUR OF THIS PARAGRAPH.
   (3) NOTWITHSTANDING SUBPARAGRAPH TWO OF THIS PARAGRAPH, WHERE THERE IS
 NO PRACTICABLE MEANS OF MODIFYING THE ACTIVITY WHICH LED TO THE  DISCOV-
 ERY  OF  A  BURIAL  SITE,  HUMAN REMAINS OR FUNERARY OBJECTS IN ORDER TO
 AVOID DISTURBING SUCH SITE, REMAINS OR OBJECTS, THE REMAINS  OR  OBJECTS
 SHALL  BE  REMOVED  AND DISPOSITION BE DETERMINED IN ACCORDANCE WITH THE
 DIRECTIONS OF THE  COMMITTEE,  CULTURALLY-AFFILIATED  GROUP,  OR  LINEAL
 DESCENDANT.
   (4)  NOTWITHSTANDING  SUBPARAGRAPH  TWO  OF  THIS PARAGRAPH, WHERE THE
 STATE ARCHAEOLOGIST AND THE COMMITTEE HAVE BEEN UNABLE TO  IDENTIFY  THE
 LINEAL  DESCENDANT  OR  CULTURALLY-AFFILIATED GROUP FOR HUMAN REMAINS OR
 FUNERARY OBJECTS, THE STATE ARCHAEOLOGIST SHALL DETERMINE THE  APPROPRI-
 ATE DISPOSITION OF SUCH REMAINS OR OBJECTS.
   (H)  PENALTIES.  (1) ANY PERSON WHO FAILS TO REPORT THE DISCOVERY OF A
 BURIAL SITE, HUMAN REMAINS OR FUNERARY OBJECTS AS REQUIRED BY  PARAGRAPH

 S. 4422                             5
 
 (D) OF THIS SECTION SHALL BE GUILTY OF A CLASS B MISDEMEANOR, AS DEFINED
 IN THE PENAL LAW.
   (2)  ANY  PERSON  OTHER  THAN  THE STATE ARCHAEOLOGIST, OR A PERSON OR
 GROUP WITH A  RIGHT  OF  POSSESSION  OR  STEWARDSHIP  PURSUANT  TO  THIS
 SECTION,  OR A DESIGNEE THEREOF, WHO INTENTIONALLY REMOVES HUMAN REMAINS
 OR FUNERARY OBJECTS FROM A BURIAL SITE SHALL BE  GUILTY  OF  A  CLASS  A
 MISDEMEANOR, AS DEFINED IN THE PENAL LAW.
   (3) ANY PERSON WHO DEFACES OR DESTROYS A BURIAL SITE, HUMAN REMAINS OR
 FUNERARY  OBJECTS,  OR  WHO  POSSESSES HUMAN REMAINS OR FUNERARY OBJECTS
 WITH INTENT TO SELL SUCH REMAINS OR ARTIFACTS, OR WHO SELLS OR  ATTEMPTS
 TO  SELL HUMAN REMAINS OR FUNERARY OBJECTS, SHALL BE GUILTY OF A CLASS E
 FELONY, AS DEFINED IN THE PENAL LAW.
   (I) ENFORCEMENT. THE ATTORNEY GENERAL OR ANY AGGRIEVED PARTY,  INCLUD-
 ING  THE  COMMITTEE  AND  ANY LINEAL DESCENDANT OR CULTURALLY-AFFILIATED
 GROUP, MAY BRING AN ACTION IN SUPREME COURT  IN  THE  JUDICIAL  DISTRICT
 WHERE  THE  REMAINS  OR  OBJECTS  COVERED BY THIS SECTION ARE LOCATED TO
 ENJOIN VIOLATIONS OR THREATENED  VIOLATIONS  OF  THIS  SECTION,  AND  TO
 RECOVER  SUCH REMAINS OR OBJECTS, AND IN THE CASE OF AN AGGRIEVED PARTY,
 COMPENSATORY AND PUNITIVE DAMAGES FOR SUCH VIOLATION.
   § 5. Section 235 of the education law is amended to read as follows:
   § 235. State science service.    There  shall  be  maintained  in  the
 university  a  science service which shall be known as the state science
 service and the state geologist, paleontologist, botanist  [and],  ento-
 mologist,  AND  ARCHAEOLOGIST  shall  constitute its staff together with
 such other scientists as the regents may employ or who are now  employed
 by  them.   This service is empowered and directed to make available its
 services to all the departments of the state, and the residents  of  the
 state  under such rules and regulations as the regents may prescribe and
 is empowered to engage in such scientific research as directed by law or
 by the regents and shall cooperate with scientific units or agencies  of
 other  states,  the  federal  government,  educational  institutions and
 industry in the discovery,  analysis  and  dissemination  of  scientific
 information.   The director of the state museum shall also be the direc-
 tor and head of the state science service and the staff of  the  service
 shall be members of the staff of the state museum.
   §  6. Section 14.09 of the parks, recreation and historic preservation
 law is amended by adding a new subdivision 3 to read as follows:
   3. PRIOR TO THE PREPARATION OR APPROVAL OF THE FINAL DESIGN OR PLAN OF
 ANY PROJECT UNDERTAKEN BY A STATE AGENCY, OR PRIOR TO THE FUNDING OF ANY
 PROJECT BY A STATE AGENCY, OR PRIOR TO AN ACTION OF APPROVAL OR ENTITLE-
 MENT OF ANY PRIVATE PROJECT BY A STATE AGENCY, THE AGENCY'S PRESERVATION
 OFFICER SHALL PERFORM A DILIGENT INQUIRY TO DETERMINE WHETHER ANY ASPECT
 OF THE PROJECT MAY OR WILL EFFECT A DISTURBANCE OF A KNOWN OR  SUSPECTED
 BURIAL  SITE  FOR  WHICH  A CULTURALLY-AFFILIATED NATIVE AMERICAN TRIBE,
 GROUP OR LINEAL DESCENDENT CAN BE IDENTIFIED. THE TERMS  "BURIAL  SITE",
 "CULTURALLY-AFFILIATED"  AND "NATIVE AMERICAN TRIBE" SHALL HAVE THE SAME
 MEANINGS AS ASCRIBED TO SUCH TERMS IN PARAGRAPH (A) OF  SECTION  FIFTEEN
 HUNDRED  EIGHTEEN  OF THE NOT-FOR-PROFIT CORPORATION LAW.  IN SUCH EVENT
 SUCH OFFICER SHALL NOTIFY SUCH NATIVE  AMERICAN  TRIBE  AND  THE  NATIVE
 AMERICAN  BURIAL  SITE  REVIEW  COMMITTEE ESTABLISHED BY SECTION FIFTEEN
 HUNDRED EIGHTEEN OF THE NOT-FOR-PROFIT CORPORATION LAW AND CONSULT  WITH
 THE TRIBE AND SUCH COMMITTEE TO DETERMINE HOW TO AVOID SUCH DISTURBANCE.
   §  7. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.

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