S. 630--A 2
(C) "CULTURALLY-AFFILIATED GROUP" MEANS ANY GROUP, INCLUDING A NATIVE
AMERICAN NATION OR TRIBE, WHOSE PAST OR PRESENT GOVERNMENT, OR TRADI-
TIONAL CULTURE OR RELIGION, WAS OR IS AFFILIATED WITH HUMAN REMAINS OR
FUNERARY OBJECTS WHICH ARE THE SUBJECT OF THIS SECTION.
(D) "FORENSIC ANTHROPOLOGIST OR BIOARCHAEOLOGIST" MEANS A PERSON QUAL-
IFIED IN THE MEDICOLEGAL OR OSTEOLOGICAL INVESTIGATION/EXAMINATION OF
HUMAN SKELETAL REMAINS.
(E) "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.
(F) "HUMAN REMAINS" MEANS THE REMAINS OF ANY PART OF THE BODY OF A
DECEASED PERSON, EXCLUDING TEETH.
(G) "LINEAL DESCENDANT" MEANS A GENEALOGICAL DESCENDANT ESTABLISHED BY
ORAL TRADITION, TRADITIONAL INDIGENOUS KNOWLEDGE, OR WRITTEN RECORD.
(H) "NATIVE AMERICAN NATION OR TRIBE" MEANS ANY NATIVE AMERICAN TRIBE,
NATION OR GROUP.
(I) "STATE ARCHAEOLOGIST" MEANS THE PERSON APPOINTED TO SUCH OFFICE
PURSUANT TO SECTION TWO HUNDRED THIRTY-FIVE OF THE EDUCATION LAW.
2. APPLICABILITY. (A) THIS SECTION SHALL APPLY TO ALL LANDS WITHIN THE
STATE OTHER THAN THOSE SPECIFIED IN PARAGRAPHS (B) AND (C) OF THIS
SUBDIVISION, EXCEPT FOR LANDS LOCATED UPON ANY NATIVE AMERICAN TERRITORY
OR RESERVATION LOCATED WHOLLY OR PARTLY WITHIN THE STATE.
(B) SUBDIVISIONS THREE, FOUR, FIVE, SIX, AND SEVEN OF THIS SECTION
SHALL NOT APPLY TO LANDS LOCATED UPON ANY NATIVE AMERICAN TERRITORY OR
RESERVATION LOCATED WHOLLY OR PARTLY WITHIN THE STATE.
(C) SUBDIVISIONS THREE, FOUR, FIVE, SIX, AND SEVEN OF THIS SECTION
SHALL NOT APPLY TO ANY PROJECT THAT HAS BEEN REVIEWED PURSUANT TO
SECTION 14.09 OF THE PARKS, RECREATION, AND HISTORIC PRESERVATION LAW OR
TO STATE PARTICIPATION IN ANY REVIEW CONDUCTED PURSUANT TO SECTION 106
OF THE NATIONAL HISTORIC PRESERVATION ACT. IF ANY HUMAN REMAINS ARE
DISCOVERED DURING THE PROJECT, THE APPLICANT SHALL IMMEDIATELY NOTIFY
THE STATE ARCHAEOLOGIST.
3. NATIVE AMERICAN BURIAL SITE REVIEW COMMITTEE. (A) THERE IS HEREBY
ESTABLISHED A NATIVE AMERICAN BURIAL SITE REVIEW COMMITTEE CONSISTING OF
THE FOLLOWING:
(I) ONE MEMBER TO BE APPOINTED BY EACH OF THE RECOGNIZED NATIVE AMERI-
CAN NATIONS OR TRIBES IN THE STATE;
(II) THE STATE ARCHAEOLOGIST;
(III) A FORENSIC ANTHROPOLOGIST OR BIOARCHAEOLOGIST APPOINTED BY THE
EXECUTIVE DIRECTOR OF THE NEW YORK STATE MUSEUM;
(IV) THE CHAIR OF THE HUMAN REMAINS COMMITTEE OR OTHER DESIGNEE OF THE
NEW YORK ARCHAEOLOGICAL COUNCIL; AND
(V) ONE MEMBER WITH EXPERTISE IN THE FIELD OF HISTORIC PRESERVATION
APPOINTED BY THE COMMISSIONER OF THE OFFICE OF PARKS, RECREATION AND
HISTORIC PRESERVATION.
(B) 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, NECESSARY EXPENSES INCURRED IN THE PERFORM-
ANCE OF COMMITTEE FUNCTIONS. THREE-FIFTHS OF THE MEMBERS OF THE COMMIT-
TEE SHALL CONSTITUTE A QUORUM FOR THE PURPOSE OF CONDUCTING THE BUSI-
NESS. A MAJORITY VOTE OF ALL MEMBERS WHO HAVE BEEN APPOINTED OR WHO ARE
SERVING EX-OFFICIO SHALL BE NECESSARY FOR ACTION. ANY VACANCY SHALL BE
FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT.
(C) IT SHALL BE THE FUNCTION OF THE COMMITTEE TO DETERMINE THE LINEAL
DESCENDANTS AND/OR CULTURALLY-AFFILIATED GROUPS FOR NATIVE AMERICAN
S. 630--A 3
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. SUCH PROCEDURES SHALL INCLUDE DISPUTE RESOLUTION METHODS TO
RESOLVE DISAGREEMENTS AMONG THE COMMITTEE MEMBERS.
4. DISCOVERY OF BURIAL SITE; REPORTING REQUIREMENTS. (A) 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 EXAMIN-
ER TO BE MORE THAN FIFTY YEARS OLD, THE CORONER OR MEDICAL EXAMINER
SHALL IMMEDIATELY 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. IF NO ACTION IS REQUIRED UNDER ARTICLE
SEVENTEEN-A OF THE COUNTY LAW, OR ONCE SUCH ACTIONS ARE UNDERTAKEN AND
NO FURTHER ACTION IS REQUIRED, THE STATE ARCHAEOLOGIST AND THE COMMITTEE
MAY COMMENCE THEIR INSPECTION OR EXAMINATION OF THE REMAINS OR OBJECTS.
ANY INSPECTION OR EXAMINATION SHALL BE MADE IN SITE EXCEPT AS NECESSARY
TO COMPLY WITH SUCH ARTICLE SEVENTEEN-A, THIS SECTION, OR TO DETERMINE
THE AGE OF THE REMAINS. THE STATE ARCHAEOLOGIST AND THE COMMITTEE MAY
USE GROUND PENETRATING RADAR OR OTHER PERTINENT TECHNOLOGY OR EQUIPMENT
ON ANY PORTION OF THE PROJECT SITE THAT HAS YET TO BE DISTURBED TO
DETERMINE IF ANY OTHER REMAINS EXIST WITHIN THE PROJECT SITE.
(B) 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.
WITHIN TEN DAYS OF RECEIVING SUCH NOTICE, THE STATE ARCHAEOLOGIST SHALL
PREPARE A REPORT THEREON AND PROVIDE A COPY OF THE REPORT TO THE COMMIT-
TEE AND TO THE PROPERTY OWNER. THE REPORT SHALL BE BASED UPON PHYSICAL
EXAMINATION OF THE DISCOVERED 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 THE
EVENT THE STATE ARCHAEOLOGIST DETERMINES THERE IS A REASONABLE POSSIBIL-
ITY THE SITE CONTAINS MULTIPLE REMAINS, AN ADDITIONAL PERIOD OF TEN DAYS
MAY BE PROVIDED FOR ASSESSMENT BY THE STATE ARCHAEOLOGIST IN CONSULTA-
TION WITH THE CULTURALLY-AFFILIATED GROUP TO DETERMINE THE PARAMETERS OF
THE SITE. 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, RECREATION AND HISTORIC PRESERVATION.
(C) THE COMMITTEE MAY RECOMMEND TO THE OFFICE OF PARKS, RECREATION,
AND HISTORIC PRESERVATION THAT THE SITE SHOULD BE DESIGNATED AS A PLACE
OF HISTORIC INTEREST UNDER SECTION TWELVE-A OF THE INDIAN LAW.
5. DETERMINATION OF AND NOTIFICATION TO LINEAL DESCENDANTS OR CULTUR-
ALLY-AFFILIATED GROUPS. (A) 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,
S. 630--A 4
WHETHER THERE ARE ANY REASONABLY ASCERTAINABLE LINEAL DESCENDANTS OR
CULTURALLY-AFFILIATED GROUPS WITH RESPECT TO SUCH SITE, REMAINS OR
OBJECTS AND, IMMEDIATELY UPON MAKING SUCH DETERMINATION, TO PROVIDE
NOTICE TO SUCH DESCENDANTS OR GROUPS OF THE REPORTED DISCOVERY.
(B) 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 NOTIFICATION TO SUCH DESCENDANTS OR GROUPS OF THE REPORTED
DISCOVERY.
(C) 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 SUBDIVISION FOUR OF THIS SECTION
UNTIL THE LINEAL DESCENDANTS AND/OR CULTURALLY-AFFILIATED GROUPS RECEIVE
NOTIFICATION FROM THE COMMITTEE PURSUANT TO THIS SUBDIVISION, 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 SUBDIVISION, 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 SUBJECT TO THE PROVISIONS OF THIS SECTION.
(D) THE STATE ARCHAEOLOGIST SHALL HAVE STEWARDSHIP OF NON-NATIVE AMER-
ICAN HUMAN REMAINS AND FUNERARY OBJECTS FROM THE TIME HE OR SHE RECEIVES
NOTIFICATION FROM THE CORONER OR MEDICAL EXAMINER PURSUANT TO SUBDIVI-
SION FOUR OF THIS SECTION UNTIL THE LINEAL DESCENDANTS AND/OR CULTURAL-
LY-AFFILIATED GROUPS RECEIVE NOTIFICATION FROM THE STATE ARCHAEOLOGIST
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-AFFILIATED GROUPS PURSUANT TO THIS
SUBDIVISION, OWNERSHIP OF AND RESPONSIBILITY FOR THE HUMAN REMAINS AND
FUNERARY OBJECTS SHALL VEST EXCLUSIVELY IN SUCH DESCENDANTS OR GROUPS,
WHICH SHALL HAVE EXCLUSIVE AUTHORITY TO DETERMINE THEIR DISPOSITION
SUBJECT TO THE PROVISIONS OF THIS SECTION.
(E) 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.
ONCE STEWARDSHIP OF EACH IS DETERMINED, THE PROCEDURES ESTABLISHED IN
PARAGRAPHS (C) AND (D) OF THIS SUBDIVISION SHALL APPLY.
6. DISPOSITION OF REMAINS AND OBJECTS. (A) WITHIN TEN DAYS AFTER
RECEIVING NOTIFICATION FROM THE STATE ARCHAEOLOGIST TO LINEAL DESCEND-
ANTS OR A CULTURALLY-AFFILIATED GROUP, OTHER THAN A NATIVE AMERICAN
NATION OR TRIBE, OF THE DISCOVERY OF A BURIAL SITE, THE DESCENDANTS OR
GROUP SHALL ADVISE THE STATE ARCHAEOLOGIST IN WRITING AS TO THE
PREFERRED DISPOSITION OF THE DISCOVERED REMAINS OR OBJECTS, WHICH MAY
INCLUDE A REQUEST TO PROTECT THE BURIAL SITE AND KEEP THE REMAINS INTER-
RED WHERE THEY WERE FOUND. THE STATE ARCHAEOLOGIST SHALL CONSULT WITH
THE PROPERTY OWNER TO TRY TO FACILITATE THE REQUEST OF THE LINEAL
DESCENDANTS OR CULTURALLY-AFFILIATED GROUP.
S. 630--A 5
(B) WITHIN SIXTY DAYS AFTER RECEIVING NOTIFICATION FROM THE COMMITTEE
TO A LINEAL DESCENDANT OR CULTURALLY-AFFILIATED GROUP OF THE DISCOVERY
OF A BURIAL SITE, THE DESCENDANTS OR GROUP SHALL ADVISE THE COMMITTEE IN
WRITING AS TO THE PREFERRED DISPOSITION OF THE DISCOVERED REMAINS OR
OBJECTS, WHICH MAY INCLUDE A REQUEST TO PROTECT THE BURIAL SITE AND KEEP
THE REMAINS INTERRED WHERE THEY WERE FOUND. THE COMMITTEE SHALL CONSULT
WITH THE PROPERTY OWNER TO TRY TO FACILITATE THE REQUEST OF THE LINEAL
DESCENDANTS OR CULTURALLY-AFFILIATED GROUP.
(C) NO LATER THAN TEN DAYS AFTER RECEIVING THE REPORT FROM THE STATE
ARCHAEOLOGIST PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, THE PROPERTY
OWNER SHALL INFORM THE STATE ARCHAEOLOGIST OF THEIR RECOMMENDATION WITH
RESPECT TO THE INTERMENT OF THE REMAINS ON THEIR PROPERTY. IF A PROPERTY
OWNER FAILS TO NOTIFY THE STATE ARCHAEOLOGIST OF THEIR RECOMMENDATION,
THE STATE ARCHAEOLOGIST OR THE COMMITTEE, AS APPROPRIATE, SHALL ABIDE BY
THE DECISION OF THE LINEAL DESCENDANTS OR CULTURALLY-AFFILIATED GROUP.
7. DISPOSITION OF HUMAN REMAINS AND FUNERARY OBJECTS, GENERALLY. (A)
THE PROPERTY OWNER, THEIR AGENTS, ASSIGNEES, EMPLOYEES, FAMILY MEMBERS,
FRIENDS, ACQUAINTANCES, OR ANY OTHER INDIVIDUALS ACTING ON BEHALF OF
SUCH PROPERTY OWNER, OTHER THAN THE STATE ARCHEOLOGIST OR A REGISTERED
PROFESSIONAL ARCHAEOLOGIST PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVI-
SION, ARE STRICTLY PROHIBITED FROM MOVING, RELOCATING, TRANSFERRING,
SELLING, POSSESSING, TOUCHING, HANDLING, OR OTHERWISE DISTURBING, IN ANY
MANNER, ALL HUMAN REMAINS AND FUNERARY OBJECTS THAT ARE DISCOVERED ON
SITE. EXCEPT AS NECESSARY TO CARRY OUT THE PURPOSES OF THIS SECTION,
BURIAL SITES, HUMAN REMAINS AND FUNERARY OBJECTS SHALL REMAIN UNDIS-
TURBED AFTER DISCOVERY AND DURING THE PROCESS ESTABLISHED BY THIS
SECTION.
(B) WHILE THE DISPOSITION OF THE REMAINS SHALL BE DETERMINED BY THE
LINEAL DESCENDANTS OR CULTURALLY-AFFILIATED GROUP, AND THE PROPERTY
OWNER, THE PREFERRED DISPOSITION AS A MATTER OF POLICY IS TO HAVE THE
REMAINS STAY INTERRED WHERE THEY ARE DISCOVERED.
(C) (I) IF THE LINEAL DESCENDANTS, OR CULTURALLY-AFFILIATED GROUP, AND
THE PROPERTY OWNER AGREE THAT THE REMAINS SHALL STAY INTERRED, THE
COMMITTEE OR STATE ARCHAEOLOGIST, AS APPROPRIATE, SHALL ESTABLISH A PLAN
OF ACTION FOR THE PRESERVATION AND PROTECTION OF THE REMAINS.
(II) IF THE LINEAL DESCENDANTS OR CULTURALLY-AFFILIATED GROUP REQUESTS
THAT THE REMAINS BE EXCAVATED AND MOVED TO A DIFFERENT LOCATION, THE
COMMITTEE OR STATE ARCHAEOLOGIST, AS APPROPRIATE, SHALL ESTABLISH A PLAN
OF ACTION FOR THE RESPECTFUL, DIGNIFIED EXCAVATION AND REMOVAL OF THE
REMAINS.
(III) IF THE LINEAL DESCENDANTS OR CULTURALLY-AFFILIATED GROUP
REQUESTS THAT THE REMAINS STAY INTERRED, BUT THE PROPERTY OWNER REQUESTS
THAT THE REMAINS BE REMOVED, THE COMMITTEE OR STATE ARCHAEOLOGIST, AS
APPROPRIATE, SHALL ESTABLISH A PLAN OF ACTION FOR THE RESPECTFUL, DIGNI-
FIED EXCAVATION AND REMOVAL OF THE REMAINS. THE COMMITTEE OR STATE
ARCHAEOLOGIST MAY, PRIOR TO THE EXECUTION OF THE PLAN OF ACTION, CONSULT
WITH THE PROPERTY OWNER IN AN ATTEMPT TO REALIZE THE REQUEST OF THE
LINEAL DESCENDANTS OR CULTURALLY-AFFILIATED GROUP. THE COMMITTEE OR
STATE ARCHAEOLOGIST MAY USE A MEDIATOR AS PART OF THIS PROCESS.
(D) (I) IF THE PLAN OF ACTION HAS NOT BEEN IMPLEMENTED WITHIN ONE
HUNDRED EIGHTY DAYS OF THE ISSUANCE OF THE REPORT BY THE STATE ARCHAEOL-
OGIST PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, THE PROPERTY OWNER
SHALL ENGAGE A REGISTERED PROFESSIONAL ARCHAEOLOGIST, REGISTERED WITH
THE REGISTER OF PROFESSIONAL ARCHAEOLOGISTS AND WHO PRACTICES IN THE
FIELD OF BIOARCHAEOLOGY OR FORENSIC ANTHROPOLOGY, TO EXCAVATE AND REMOVE
THE REMAINS IN A RESPECTFUL AND DIGNIFIED MANNER. THE CULTURALLY-AFFILI-
S. 630--A 6
ATED GROUP SHALL HAVE THE RIGHT TO HAVE A CULTURAL MONITOR ON SITE PRIOR
TO AND DURING ANY EXCAVATION AND REMOVAL OF HUMAN REMAINS OR FUNERARY
OBJECTS.
(II) IF THE PLAN OF ACTION HAS BEEN SUBSTANTIALLY IMPLEMENTED BUT NOT
COMPLETED WITHIN THE ONE HUNDRED EIGHTY-DAY PERIOD, THE COMMITTEE OR
STATE ARCHAEOLOGIST MAY HAVE AN ADDITIONAL THIRTY DAYS TO COMPLETE THE
EXCAVATION AND REMOVAL. THE STATE ARCHAEOLOGIST, IN CONSULTATION WITH
THE COMMITTEE, WHERE APPROPRIATE, SHALL DETERMINE WHETHER THE PLAN OF
ACTION HAS BEEN SUBSTANTIALLY IMPLEMENTED.
(III) ANY EXCAVATION AND REMOVAL CAUSED BY THE PROPERTY OWNER PURSUANT
TO THIS PARAGRAPH SHALL BE DONE AT THE EXPENSE OF THE PROPERTY OWNER AND
SHALL BE PERFORMED AND SUPERVISED BY THE STATE ARCHEOLOGIST, A REGIS-
TERED ARCHAEOLOGIST, OR A REGISTERED PROFESSIONAL ARCHAEOLOGIST, REGIS-
TERED WITH THE REGISTER OF PROFESSIONAL ARCHAEOLOGISTS AND WHO PRACTICES
IN THE FIELD OF BIOARCHAEOLOGY OR FORENSIC ANTHROPOLOGY. THE CULTURAL-
LY-AFFILIATED GROUP MAY SELECT A CULTURAL MONITOR TO SUPERVISE THE WORK.
SUCH ARCHAEOLOGIST SHALL REVIEW THE ESTABLISHED PLAN OF ACTION WITH THE
STATE ARCHAEOLOGIST OR THE COMMITTEE, AS APPROPRIATE, AND ACT IN ACCORD-
ANCE WITH THAT PLAN. ONLY THE STATE ARCHAEOLOGIST OR THE REGISTERED
ARCHAEOLOGIST OR REGISTERED PROFESSIONAL ARCHAEOLOGIST HIRED TO PERFORM
THE EXCAVATION PURSUANT TO THIS SUBPARAGRAPH MAY HAVE PHYSICAL CONTACT
WITH OR OTHERWISE DISTURB THE REMAINS OR BURIAL SITE.
(IV) THE STATE ARCHAEOLOGIST SHALL MAKE HIMSELF OR HERSELF AVAILABLE
TO THE REGISTERED ARCHAEOLOGIST OR REGISTERED PROFESSIONAL ARCHAEOLOGIST
FORTHWITH FOR THE PURPOSES OF DISCUSSING THE ESTABLISHED PLAN OF ACTION
FOR THE SITE. IF THE STATE ARCHAEOLOGIST FAILS TO MAKE HIMSELF OR
HERSELF AVAILABLE FORTHWITH, THE REGISTERED ARCHAEOLOGIST OR REGISTERED
PROFESSIONAL ARCHAEOLOGIST MAY PROCEED WITH THE EXCAVATION AND REMOVAL.
(V) IF NO PLAN OF ACTION HAS BEEN ESTABLISHED PRIOR TO THE EXPIRATION
OF THE ONE HUNDRED EIGHTY-DAY PERIOD, THE REGISTERED ARCHAEOLOGIST OR
REGISTERED PROFESSIONAL ARCHAEOLOGIST MAY PROCEED WITH THE EXCAVATION
AND REMOVAL IN A PROFESSIONAL, RESPECTFUL, DIGNIFIED MANNER.
(VI) ANY REMAINS OR FUNERARY OBJECTS EXCAVATED FROM THE SITE AS A
RESULT OF THE IMPLEMENTATION OF THE PROCESS ESTABLISHED BY THIS PARA-
GRAPH SHALL BE DEPOSITED WITH THE NEW YORK STATE MUSEUM FOR DISPOSITION.
(E) IF THE STATE ARCHAEOLOGIST AND THE COMMITTEE HAVE BEEN UNABLE TO
IDENTIFY THE LINEAL DESCENDANTS OR CULTURALLY-AFFILIATED GROUP FOR HUMAN
REMAINS OR FUNERARY OBJECTS, THE STATE ARCHAEOLOGIST SHALL TAKE STEWARD-
SHIP OF THE REMAINS AND DETERMINE THEIR APPROPRIATE DISPOSITION IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
(F) NOTWITHSTANDING ANY CONFLICTING PROVISION OF PARAGRAPH (D) OF THIS
SUBDIVISION, FOR PROJECT SITES THAT CONTAIN THE REMAINS OF SIX OR MORE
INDIVIDUALS, IF THE STATE ARCHAEOLOGIST DETERMINES THAT ADDITIONAL TIME
IS NECESSARY FOR THE EXCAVATION OF SUCH SITE, AN ADDITIONAL SIXTY-DAY
PERIOD MAY BE ADDED BEFORE THE REMAINS CAN BE EXCAVATED AND REMOVED BY
THE PROPERTY OWNER. IF THE STATE ARCHEOLOGIST CONTINUES TO FIND THAT
ADDITIONAL TIME IS NECESSARY, THE PERIOD BEFORE REMAINS CAN BE EXCAVATED
AND REMOVED BY THE PROPERTY OWNER MAY BE EXTENDED MULTIPLE TIMES IN
INCREMENTS OF SIXTY DAYS. THE STATE ARCHAEOLOGIST MUST PROVIDE A COPY
OF EACH SUCH DETERMINATION TO THE PROPERTY OWNER IN WRITING. THE PROPER-
TY OWNER MAY BRING AN ACTION PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE
CIVIL PRACTICE LAW AND RULES TO REVIEW THE DETERMINATION OF THE STATE
ARCHAEOLOGIST PURSUANT TO THIS PARAGRAPH.
8. PENALTIES. (A) ANY PERSON WHO FAILS TO REPORT THE DISCOVERY OF A
BURIAL SITE, HUMAN REMAINS OR FUNERARY OBJECTS AS REQUIRED BY SUBDIVI-
S. 630--A 7
SION FOUR OF THIS SECTION SHALL BE GUILTY OF A CLASS B MISDEMEANOR, AS
DEFINED IN THE PENAL LAW.
(B) ANY PERSON OTHER THAN THE STATE ARCHAEOLOGIST, OR A PERSON OR
GROUP WITH A RIGHT TO REMOVE OR 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.
(C) ANY PERSON WHO KNOWINGLY DEFACES OR DESTROYS A BURIAL SITE, HUMAN
REMAINS OR FUNERARY OBJECTS, OR WHO CAUSES A PERSON TO DEFACE OR DESTROY
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, EXCEPT WHEN AUTHORIZED BY LAW, SHALL BE GUILTY OF A CLASS E
FELONY, AS DEFINED IN THE PENAL LAW.
9. ENFORCEMENT. THE ATTORNEY GENERAL OR ANY AGGRIEVED PARTY, INCLUDING
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.
§ 4. 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.
§ 5. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that if chapter 817 of the laws of
2022 shall not have taken effect on or before such date then section two
of this act shall take effect on the same date and in the same manner as
such chapter of the laws of 2022 takes effect.