S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2029
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02745-01-3
              

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   § 3. Section 1503 of the not-for-profit corporation law is amended  by
 adding a new paragraph (c) to read as follows:
   (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 NINETEEN OF THIS ARTICLE.
   § 4. The not-for-profit corporation law is amended  by  adding  a  new
 section 1519 to read as follows:
 § 1519. 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
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 HUMAN REMAINS AND FUNERARY OBJECTS  SUBJECT  TO  THIS  SECTION,  AND  TO
 PROVIDE  NOTICE  TO  SUCH  DESCENDANTS AND/OR GROUPS AS PROVIDED IN THIS
 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
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 THE STATE ARCHAEOLOGIST PURSUANT TO PARAGRAPH (D) OF THIS SECTION  UNTIL
 THE  LINEAL  DESCENDANTS  AND/OR  CULTURALLY-AFFILIATED  GROUPS  RECEIVE
 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.
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   (H)  PENALTIES.  (1) ANY PERSON WHO FAILS TO REPORT THE DISCOVERY OF A
 BURIAL SITE, HUMAN REMAINS OR FUNERARY OBJECTS AS REQUIRED BY  PARAGRAPH
 (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  NINETEEN  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 NINETEEN 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;  provided,  however,
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 that  the  provisions  of section three of this act shall take effect on
 the same date and the same manner as chapter 817 of the  laws  of  2022,
 takes effect.